SAN JOSE CITY COUNCIL

AMENDED AGENDA

NOVEMBER 26, 2002

Link to Welcome Letter

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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

                                    See Separate Agenda

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

·                   Invocation (District 10)

            Steinbeck After-school Martial Arts Program

·                   Pledge of Allegiance

·                   Orders of the Day

           Items marked with an asterisk (*) denote changes or additions to the previously published Agenda for this meeting.

*          See New Item 1.3, Presentation of a commendation to the San José Job Corps Center.

1                  CEREMONIAL ITEMS

1.1       Presentation of a commendation to Jose Pantoja and History San José for their help in identifying former Mayors and Alcaldes of San José for preserving San José’s heritage, unveiling of a plaque with names of Mayors and Alcades of San José from 1777 to 1850, and presentation of awards to winners of the District 4 Missing Mayors contest.  (Reed)

1.2       Presentation of a commendation to the executive director and board members of the Vision New America organization for its mission to promote the participation by underrepresented ethnic groups, starting with the Asian American population, in American civic activities through educational programs and its Summer Public Policy Internship Program.  (Williams)

1.3       Presentation of a commendation to the San José Job Corps Center for being named the top performing Job Corps Center in the nation by the U.S. Department of Labor.  (Campos)

            (Orders of the Day)

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 May 21, 2002

            (b)        Joint Council/Redevelopment Agency Board/Financing Authority meeting of May 21, 2002

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26770 – Amends Section 4.24.015 of Chapter 4.24 of Title 4 of the San José Municipal Code to increase settlement authority of the City Attorney for compromise and release and stipulated awards in workers’ compensation cases and to provide for reports to the City Council on an annual basis.

            (b)        ORD. NO. 26772 – Rezones certain real property situated on the west side of Aiello Drive, approximately 350 feet northerly of Lewis Road.  C 02-074

2.3              Approval of fiscal actions related to Rental Dispute Program fee adjustments.

            Recommendation:  

            (a)        Adoption of a resolution amending the 2002-03 Schedule of Fees and Charges to make the following changes in the Housing Department for the Rental Dispute Mediation Program Fee:

                        (1)        Increase the fee for apartment units from $5.70/unit annually to $9.09/unit annually;

                        (2)        Increase the fee for mobilehome units from $5.70/unit annually to $6.26/unit annually;

                        (3)        Establish a fee of $0.50/unit annually for units not covered by rent control.

            (b)        Adoption of related appropriation ordinance and funding sources resolution amendments in the General Fund:

                        (1)        Increase the Housing Department’s non-personal services appropriation by $135,380;

                        (2)        Increase the revenue estimate for Licenses and Permits in the amount of $135,380.

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

2.4              Approval of an ordinance to reflect the reorganization of City services within City departments. 

            Recommendation:  Approval of an ordinance amending Chapter 2.04 of Title 2 of the San José Municipal Code to reflect the reorganization of City services within City departments.  CEQA:  Not a Project.  (City Manager’s Office)

2.5              Approval of open purchase orders for the purchase of supplies, materials, equipment, and services.

            Recommendation:  Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #15, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.  (General Services)

2.6              Approval of appointments to the Downtown Parking Board. 

            Recommendation:  Approval of appointments to the Downtown Parking Board.  (Mayor)

2.7              Approval of various fiscal actions related to the Federal Weed and Seed Grant funds in the Washington Neighborhood.

            Recommendation:  

*          (a)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the General Fund related to the Federal Weed and Seed Grant funds in the Washington Neighborhood.

                        (1)        Increase the revenue estimate for Revenue from the Federal Government by $225,000.

                        (2)        Increase the City-wide appropriation to the Parks, Recreation and Neighborhood Services Department in the amount of $175,000.

                        (3)        Increase the City-wide appropriation to the Police Department in the amount of $50,000.

            (b)        Reauthorize the following existing positions for the term of the grant:

                        (1)        1.0 FTE Full-time Community Activity Worker; and

                        (2)        0.5 FTE Part-time D-benefited Staff Analyst.

            CEQA:  Not a Project.  Council District 3.  SNI:  Washington.  (Parks, Recreation and Neighborhood Services/Police/City Manager's Office)

2.8              Approval of an agreement related to the P.O.S.T.-reimbursed Driver and Force Option Simulator training program for peace officers in Santa Clara County.

                Recommendation:  Approval of the agreement with the Commission on Peace Officer Standards and Training (P.O.S.T.) related to the previously approved P.O.S.T.-reimbursed Driver and Force Option Simulator training program for peace officers in Santa Clara County, for the period July 1, 2002 to June 30, 2003, for a total amount not to exceed $210,000.  CEQA:  Not a Project.  (Police)

2.9              Approval to award a contract for the Flickinger and Townsend Play Area and Restroom Renovation Projects.

*Recommendation:  Report on bids and award of contract for the Flickinger and Townsend Play Area and Restroom Renovation Projects to the low bidder, HRB Construction, Inc., to include the base bid and Add Alternate Nos. 1, 2, 3, 4, and 5 in the amount of $740, 591, and approval of a contingency in the amount of $74,100.

2.10          Approval to award a contract for the Groesbeck Hill Park Improvements Project.

            Recommendation:  Report on bids and award of contract for the Groesbeck Hill Park Improvements Project to the lowest responsive bidder, System 3, Inc., to include the base bid only in the amount of $307,500, and approval of a contingency in the amount of $30,000.  CEQA:  Negative Declaration, PP02-10-285.  Council District 8.  (Public Works)

2.11          Approval of the Operating Grant Agreement with Our City Forest for Fiscal Year 2002-2003.

            Recommendation:  Approval of the Operating Grant Agreement with Our City Forest for Fiscal Year 2002-2003, in the amount of $135,000.  CEQA:  Not a Project.  (Transportation)

2.12          Approval of the Tree Planting Grant Agreement with Our City Forest for Fiscal Year 2002-2003.

            Recommendation:  Approval of the Tree Planting Grant Agreement with Our City Forest for Fiscal Year 2002-2003, in the amount of $120,000.  CEQA:  Not a Project.  (Transportation)

2.13     Approval to negotiate and execute and agreement for catering management services.

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

            (a)        Negotiate and execute an agreement with Fairmont Hotels & Resorts, Inc. as the exclusive contractor to provide catering management services at the Fourth and San Fernando Streets Parking Garage Banquet Center, for a term of two years, commencing on or about February 20, 2003, with a maximum manager’s fee not to exceed 8% of Adjusted Gross Revenue per annum; and

            (b)        Negotiate and execute an agreement with the next best proposer if the City is unable to reach an agreement with the Fairmont. 

            CEQA:  Not a Project.  (Conventions, Arts and Entertainment)

            (Rules Committee referral 11/20/02)

2.14     Approval to award a purchase for a bullet containment system.

*          Recommendation:  Approval of award of sole source purchase of a bullet containment system to Super Trap, Inc., (Corona, CA) for a total cost of  $148,149.19 including tax, delivery, and installation and authorization for the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)

            (Rules Committee referral 11/20/02)

3                  STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

            (a)        FY 2002-2003 Capital, 5-Year CIP, and 2002-03 Operating Budget session of May 20, 2002

3.2              Report of the Rules Committee – November 13, 2002

            Vice Mayor Shirakawa, Jr., Chair

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

            (b)        City Council

                        (1)        Review November 26, 2002 Draft Agenda

                        (2)        Add New Items to November 19, 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

                        (1)            Approve City Council Meeting Schedule for January – August 2003

                        (2)            Approve proposed dates for 2003 General Plan Hearings

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

                        (1)        Disadvantaged Business Development Commission

                        (2)        Historic Landmarks Commission

                        (3)        Library Commission

                        (4)        Mobile Home Advisory Commission

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

            (h)        Administrative Reviews and Approval

            (i)         Oral communications

            (j)         Adjournment

3.3              Report of the Finance and Infrastructure Committee – November 13, 2002

            Council Member Dando, Chair

            (a)        Consent Items

                        (1)        Monthly Investment Report for September 2002

                        (2)        Minutes from the Third Quarter Investment Committee Meeting

            (b)        Monthly Financial Report for September 2002

            (c)        Comprehensive Annual Financial Report for Year Ended 2002-03

                        SEE ITEM 3.5 FOR COUNCIL ACTION TO BE TAKEN

            (d)        Update on e-Government Due Diligence

                        SEE ITEM 3.6 FOR COUNCIL ACTION TO BE TAKEN

            (e)        Informational Presentation of the San José Fire Museum

            (f)         Oral petitions

            (g)        Adjournment

3.4       Acceptance of reports for the First Quarterly City-wide Capital Improvement Program and the Quarterly Strong Neighborhood Initiative Report.

*         Recommendation:  

            (a)        Acceptance of the First Quarterly City-wide Capital Improvement Program Status Report including Park, Library and Public Safety Bond Projects.  CEQA:  Not a Project.  (City Manager’s Office)

            (b)        Acceptance of the Strong Neighborhood Initiative (SNI) Quarterly Report, June – September 2002.  CEQA:  Not a Project.  (City Manager's Office/Redevelopment Agency)

            (Rules Committee referral 11/20/02)

            RENUMBERED TO 10.1

3.5              Acceptance of the Comprehensive Annual Financial Report.

            Recommendation:  Acceptance of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 2002-03.  (Finance)

            [Finance & Infrastructure Committee referral 11/13/02 - Item 3.3(c)]

3.6              Approval of various actions related to e-Government.

            Recommendation: 

            (a)        Acceptance of the report and affirming the proposed e-Government Mission and approval of the proposed project.

            (b)        Adoption of the following appropriation ordinance amendments in the General Fund:

                        (1)        Establishing an appropriation for the e-Government implementation project for two positions in the amount of $190,000.

                        (2)        Decreasing the e-Government Applications Earmarked Reserve by the amount of $190,000.

            (c)        Directing staff to report back to the City Council within 90 days after filling the positions dedicated to e-Government, with a project plan on the implementation of the class registration on-line initiative recommended by the Information Technology Planning Board.

*          (Parks, Recreation and Neighborhood Services/Information Technology, Convention, Arts and Entertainment/Information Technology Planning Board)

            [Finance & Infrastructure Committee referral 11/13/02 - Item 3.3(d)]

3.7       Public Safety Bond Citizen Oversight Committee.

*          Recommendation:  

            (a)        Appointment of the following people to the Public Safety Bond Citizen Oversight Committee:

                        Autumn Gutierrez

                        Jim Shore

                        John Skeen

                        Phyllis Lazzarini

                        Dang Pham

            (b)        Direct the City Manager to create a workplan and meeting schedules for the committee.

            (Mayor)

            (Rules Committee referral 11/20/02)

3.8       Approval of policy and municipal code changes related to non-discrimination for transgender individuals.

*          Recommendation: 

            (a)        Adoption of a resolution amending the City of San Jose Harassment Policy to include protections for gender identity in addition to existing protections for race, color, ethnicity, national origin, disability, age, sex, martial status, sexual orientation, and religion.

            (b)        Approval of an ordinance amending the Municipal Code to include discrimination or preference on the basis of gender identity, in addition to existing protections, as a violation of Chapter 4.08.  Chapter 4.08 currently states that it is illegal         for a contractor covered by the chapter to discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, in the performance of any contract with the City or with the Redevelopment Agency of the City of San José; and amending Section 2.08.3030 of the Municipal Code to include gender identity discrimination as a matter affecting human rights and covered under the functions, powers and duties of the Human Rights Commission.

            (Mayor/Yeager)

            (Rules Committee referral 11/20/02)

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

            MA 02-003 - District 3

            (Continued from 10/8/02 – Item 4.3 et al, and 11/5/02 – Item 4.2)

*          RECOMMEND CONTINUANCE TO 12/10/02

4.3              Public Hearing and adoption of a resolution approving the vacation of a portion of San Fernando Street.

            Recommendation:  PUBLIC HEARING and adoption of a resolution approving the vacation of a portion of San Fernando Street between Bush and Wilson Streets, reserving a public service easement and a pedestrian easement over the vacated area.  CEQA:  Resolution No. 68748.  Council District 6.  (Public Works)

4.4              Approval of various actions related to Cherryview Senior Apartments.

            Recommendation:  Adoption of a resolution:

            (a)        Approving a conditional grant of up to $7,000,000 to ROEM Development Corporation, or its designated partnership, for the acquisition and predevelopment of the Cherryview Senior Apartments, a 126-unit senior rental development located at 5067 Almaden Expressway.

            (b)        Finding that the use of redevelopment funds for the project is of benefit to the Redevelopment Project Areas in San José.

            CEQA:  Negative Declaration, PDCSH02-02-032.  Council District 9.  (Housing)

5                  RECREATION & CULTURAL SERVICES

5.1              Report of the Education, Neighborhoods, Youth, and Seniors Committee

            Council Member Chavez, Chair

5.2              Approval to award a contract for Bernal Park Expansion Project.

            Recommendation:  Report on bids and award of contract for Bernal Park Expansion Project to the low bidder, Jensen Corporation, in an amount of $1,218,777, and approval of a contingency in the amount of $97,500.  CEQA:  Mitigated Negative Declaration, PP01-05-101.  Council District 3.  (Public Works)

6                  TRANSPORTATION SERVICES

*6.1       Approval of various actions related to Tow Services Agreements.

            Recommendation:  

            (a)        Adoption of a resolution setting fees for Tow Services Agreements effective April 1, 2003;

            (b)        Approval of establishment of eight tow zones modified along Police patrol district lines; and,

            (c)        Approval of the dispatching of tow requests by Police Communications effective April 1, 2003.

            CEQA:  Not a Project.  (Planning, Building and Code Enforcement)

            (Deferred from 11/19/02 – Item 6.1)

*            RECOMMEND DEFERRAL TO 12/3/02

7                  ENVIRONMENTAL & UTILITY SERVICES

8                  AVIATION SERVICES

8.1              Approval of various actions related to the Airport. 

            Recommendation:  

            (a)        Approval of a second amendment to the lease of airport premises with United Airlines, Inc. for 2,580 square feet of office space at 1277 Airport Blvd., extending the term from December 1, 2002 through November 30, 2007, with revenue to the City of $18,000 annually.

*            DROP  

            (b)        Approval of a first amendment to the lease of airport premises with United Airlines, Inc. for 2,315 square feet of office space in Terminal C Mezzanine, extending the term from February 1, 2003 through November 30, 2007, with revenue to the City in the amount of $153,000 annually. 

*            DROP  

            CEQA:  Resolution No. 67380, PP 02-11-320.  (Airport)

            (c)        Approval of an eighth amendment to the Scheduled Airline Operating Agreement between the City of San José and United Airlines, Inc., to add provisions regarding compliance with the City’s Airport Noise Control Program, with annual revenue to the City of approximately $900,000.  CEQA:  Resolution No. 67380, PP02-10-320.  (Airport)

*            DROP  

8.2              Adoption of a resolution calling for a special election for March 4, 2003, for the Airport Security and Traffic Relief Act.

            Recommendation:  Adoption of a resolution placing the amendment of San José Municipal Code Chapter 25.04, Part 4, entitled “Airport Traffic Relief Act,” on a March 4, 2003 special election ballot for voter approval, providing for the orderly and cost-effective development of required security improvements and additional terminal gates at the Airport and implementation of traffic relief projects for the Norman Y. Mineta San José International Airport.  (Mayor)

            Special Election and Referral of Ballot Measure

            NOTICE TO THE PUBLIC -OTICE OF FINAL DATE FOR FILING ARGUMENTS FOR AND AGAINST MEASURE(S), IF ANY, TO BE SUBMITTED TO THE ELECTORS OF THE CITY OF SAN JOSE ON MARCH 4, 2003

9                  PUBLIC SAFETY SERVICES

*9.1              Acceptance of the annual report related to the impact of cardroom gambling on crime in the City of San José

            Recommendation:  Acceptance of the report related to the impact of cardroom gambling on crime in the City of San José for the period July 1, 2002 to June 30, 2002.  CEQA:  Not a Project.  (Police)

            Attachment 1 & 2 - REPORTED INCIDENTS AT THE BAY 101 CARD CLUB

            Attachment 3 - Six Outside Agency Cases Involving San Jose Card Clubs

10            JOINT COUNCIL/REDEVELOPMENT AGENCY

10.1     Acceptance of reports for the First Quarterly City-wide Capital Improvement Program and the Quarterly Strong Neighborhood Initiative Report.

*          Recommendation:  

            (a)        Acceptance of the First Quarterly City-wide Capital Improvement Program Status Report including Park, Library and Public Safety Bond Projects.  CEQA:  Not a Project.  (City Manager’s Office)

            (b)        Acceptance of the Strong Neighborhood Initiative (SNI) Quarterly Report, June – September 2002.  CEQA:  Not a Project.  (City Manager's Office/Redevelopment Agency)

            (Rules Committee referral 11/20/02)

            RENUMBERED FROM 3.4

·                   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:

            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.

·                   Adjournment