SAN JOSE CITY COUNCIL

AMENDED AGENDA

DECEMBER 10, 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 (Mayor)

*       Pastor Dave Sawkins, South Valley Christian 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 10.1 AND 10.2 ARE TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

1        CEREMONIAL ITEMS

1.1       Presentation of the Gold Pinnacle Awards by the International Festival & Events Association for the San José Holiday Parade.  (Parks, Recreation and Neighborhood Services)

2        CONSENT CALENDAR

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

2.1          Approval of Minutes.

2.2          Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26783 – Amends Chapter 2.04 of Title 2 of the San José Municipal Code to provide for City of San José departmental reorganizations and changes in functions and duties of City departments.

            (b)        ORD. NO. 26786 – Amends Section 4.08.070 of Chapter 4.08 of Title 4 of the San José Municipal Code to add gender identity as a basis of discrimination which would result in a violation of Chapter 4.08 entitled Nondiscrimination Requierments for Contracts and amending Section 2.08.3030 of Chapter 2.08 of Title 2 to include gender identity discrimination as a matter affecting human rights and covered under the functions, powers, and duties of the Human Rights Commission.

2.3          Approval of the City Manager’s travel.

            Recommendation:  Approval of City Manager Del D. Borgsdorf’s travel to Houston, Texas, from January 9 – 11, 2003, to participate in the Large Cities Executive Forum, to discuss key issues affecting large cities with populations of 200,000 or more.  CEQA:  Not a Project.  (City Manager's Office)

2.4          Approval of an agreement for the conveyance of easements across Water Pollution Control Plant lands.

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

            (a)        Execute an agreement for the conveyance of certain easements across Water Pollution Control Plant (WPCP) lands to Pacific Gas & Electric Company, upon approval of the agreement by the City Council of the City of Santa Clara; and

            (b)        Execute documents necessary for the conveyance of a non-exclusive ingress/egress easement and a non-exclusive easement for electrical transmission lines across Water Pollution Control Plant  property [Assessor Parcels 015-31-008, 015-31-045 and 015-31-050].

            CEQA: Exempt, PP02-11-355.  Council District 4.  (Environmental Services/Public Works)

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

2.6          Approval of the re-appointment of members to the Workforce Investment Board of Directors.

            Recommendation:  Approval of the Mayor's (CLEO) re-appointment of current members to the Workforce Investment Board of Directors for a second two-year term.  (Mayor)

*          RECOMMEND DEFERRAL TO 12/17/02

2.7          Approval to vacate the entire Public Service Easement at 1571 Calle de Stuarda.

            Recommendation:  Adoption of a resolution summarily vacating the entire Public Service Easement lying in the northerly 24 feet of lot 136, Tract 5335, also known as 1571 Calle de Stuarda.  CEQA:  Not a Project.  Council District 9.  (Public Works)

2.8          Approval to award a contract for the Fire Station Diesel Exhaust Phase VI – Revised Project.

            Recommendation:  Report on bids and award of contract for the Fire Station Diesel Exhaust Phase VI - Revised Project to the low bidder, Blocka Construction, Inc., in the amount of $114,900, and approval of a contingency in the amount of $11,490.  CEQA: Exempt, PP02-07-185.  (Public Works)

2.9          Approval of an agreement to purchase a portion of a certain property on Lewis Road.

*          Recommendation:  Approval of an agreement to purchase a portion of a certain property owned by Charles Frank Perrotta, a single man, as his sole and separate property, located at 33 Lewis Road, in the amount of $62,000, and authorizing the Director of Public Works to execute any additional documents required to complete the transaction.  CEQA:  Exempt, PP02-11-322.  Council District 7.  (Public Works)

2.10          Approval to set a public hearing to consider the establishment of Rule 20A Underground Utility District.

            Recommendation:  Adoption of a resolution to consider the establishment of Rule 20A Underground Utility District bounded by Interstate 880, Route 87, and Coleman Avenue and setting a public hearing on January 21, 2003 at 1:30 p.m.  CEQA: Exempt PP02-10-306.  Council District 3.  (Public Works)

2.11          Approval of various actions related to the 2002-2003 Hazardous Vegetation Commencement Report.

            Recommendation:  Adoption of a resolution:

            (a)        Accepting the 2002-2003 Hazardous Vegetation Commencement Report compiled by the Office of the Santa Clara County Fire Marshal; and

            (b)        Declaring that seasonal and recurrent weeds and refuse that are or will be located on those properties identified in the report are a nuisance; and

*          (c)        Directing the Office of the Santa Clara County Fire Marshal to mail notices of a public hearing before the City Council, on January 14, 2003 at 1:30 p.m. to property owners of affected real properties, pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Agreement between the City of San José and the County of Santa Clara.

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

2.12          Approval of Events at the HP Pavilion at San José.

            Recommendation:  Approval of a proposed City Event, as provided in the San José Management Agreement, for use of the HP Pavilion on December 18, 2002, for Jingle Ball Concert benefiting Ronald McDonald House Charities.  CEQA:  Not a Project.  (San José Arena Authority)

2.13            Approval of two Community Appointments to the Healthy Neighborhood Venture Fund Committee.

*          Recommendation:  Approval of two community appointments to the Healthy Neighborhood Venture Fund Committee.  (Mayor)

            (Deferred from 12/3/02 – Item 2.9)

3        STRATEGIC SUPPORT SERVICES

3.1          Report of the Study Session

            Mayor Gonzales, Chair

3.2          Report of the Rules Committee

*          Vice Mayor Shirakawa, Jr., Chair - Report of Rules in Lieu – November 27, 2002

3.3          Report of the Finance and Infrastructure Committee

            Council Member Dando, Chair

3.4          Approval of actions related to cable franchise. 

*          Recommendation:  Adoption of a resolution issuing a preliminary assessment that the cable franchise issued to Gill Industries by Ordinance No. 22128 and which AT&T Broadband HC of California, LLC (hereinafter referred to as “AT&T”) purports to lawfully hold should not be renewed.  (City Manager’s Office)

3.5          Approval of an agreement for services as the City’s legislative representative in Washington, D.C.

*          Recommendation:  Adoption of a resolution:

            (a)        Authorizing the City Manager to negotiate and execute an agreement with Patton Boggs LLP, for legislative representation services in Washington, D.C. for the period January 1, 2003 through December 31,2003, in an amount not to exceed $108,000;

            (b)        Authorizing the City Manager to execute up to two (2) one-year options to extend the agreement without further Council action other than the appropriation of funds.

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

3.6          Approval to allow the City Manager to enter into professional services agreements for the San José Civic Center Project.

*          Recommendation:  Adoption of a resolution allowing the City Manager to enter into professional services agreements for the San José Civic Center Project which exceed $100,000, and to amend existing professional services agreements where the amended amount of compensation will exceed $100,000, with the total delegation authority not to exceed $11,100,000.  CEQA:  Civic Plaza Redevelopment Plan EIR, Resolution No. 68905, PP98-03-072.  Council District 3.  SNI:  University.  (Public Works)

            DROP

*            RECOMMEND DEFERRAL TO 12/17/02

3.7      Approval of various fiscal actions related to the Redevelopment Capital Projects.

*          Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital projects Fund (City-side Redevelopment Fund) with a net impact to the fund of $99,992.  CEQA:  Exempt, PP02-11-332.  Council Districts 2 and 6.  (City Manager’s Office)

            (Deferred from 12/3/02 – Item 3.5)

3.8      Vietnamese Cultural Heritage Gardens – Operations and Maintenance Agreement.

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with the Vietnamese Cultural Heritage Foundation for the construction of the Vietnamese Cultural Heritage Gardens to waive certain bond requirements and to authorize the City Manager to accept security, acceptable to the Manager, in lieu of the reduced bond amounts.  (Reed)

            (Deferred from 12/3/02 – Item 3.8)

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 11/26/02 – Item 4.2)

*          RECOMMEND CONTINUANCE TO 12/17/02

4.3          Public Hearing on the Historical Property Contract for the Clara Louise Lawrence Residence.

            Recommendation:  PUBLIC HEARING on the Historical Property Contract for the Clara Louise Lawrence Residence, City Landmark No. HL02-142, located at the east side of Randol Avenue, approximately 180 feet southerly of The Alameda (1146 Randol Avenue).  (Jim Blair, Eaglecreek Associates II, Owner).  CEQA:  Exempt.  (Planning, Building and Code Enforcement)

            MA 02-001 - District 6

            RECOMMEND CONTINUANCE TO 12/17/02

4.4          Approval of a loan for permanent financing for the Bel Aire Apartments.

            Recommendation:  Adoption of a resolution approving a loan of up to $2,775,000 to FF Development, L.P., or an affiliated entity, for the permanent financing of the 152-unit Bel Aire Apartments to be made affordable to low- and very low-income households, on a 3.94-acre site located at 3201 Loma Verde Drive.  CEQA:  Exempt, PP02-11-331.  Council District 1.  SNI: Winchester.  (Housing)

4.5            Approval of an urgency ordinance amending the Rental Dispute Ordinance.

*          Recommendation:  Approval of an urgency ordinance amending Chapter 17.22 and Chapter 17.23 of the San José Municipal Code, by:

            (a)        Changing the references to the “Rental Dispute Program” in these chapters to reflect the program’s new name, the “Rental Rights and Referrals Program”;

            (b)        Changing the term “30-day notice” to reflect the increased time periods mandated by recent changes to State Law and the Rental Dispute Ordinance;

            (c)        Amending Section 17.23.695 to permit the Director of Housing to make a finding determining the current rental housing market conditions;

            (d)        Amending section 17.22.100 to correctly state that the Housing Department is charged with administration of the Rental Rights and Referrals Program; and

            (e)        Making grammatical changes to section 17.23.600 in order to appropriately state the type of notices that need to be filed with the City. 

            CEQA: Not a project  (Housing)

            (Rules Committee referral 12/4/02)

5        RECREATION & CULTURAL SERVICES

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

            Council Member Chavez, Chair

5.2          Approval of the Gleason Avenue Mini-Park Master Plan.

            Recommendation:  Approval of the Gleason Avenue Mini-Park Master Plan.  CEQA:  Exempt, PP02-06-143.  Council District 1.  (Parks, Recreation and Neighborhood Services)

5.3          Approval of the Hillstone Park Master Plan.

            Recommendation:  Approval of the Hillstone Park Master Plan.  CEQA:  Negative Declaration, PP02-10-291.  Council District 8.  (Parks, Recreation and Neighborhood Services)

5.4    Approval to negotiate an agreement with Shapell Industries related to the Evergreen Specific Plan.

*         Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a real property exchange agreement between the City of San José and Shapell Industries to effect a resolution of various issues related to implementation of the Evergreen Specific Plan.  CEQA:  Resolution No. 63179.  (City Attorney’s Office)

            (Rules Committee referral 12/4/02)

6        TRANSPORTATION SERVICES

6.1          Approval of actions related to the Taxicab Advisory Team Report.

*          Recommendation:

            (a)        Acceptance of various actions related to the Taxicab Advisory Team Report:

                        (1)            Direct the City Manager and San José Redevelopment Agency Director to work with the Taxi Team to identify the funding needed to support the marketing and customer evaluation components of their recommendations.

                        (2)            The Taxi Team recommends that a moratorium/cap, as more fully described in Attachment E, be approved and that the Chief of the Police Department be directed to temporarily suspend the issuance of new permits to additional companies not licensed by the City of San José as of November 1, 2002, in accordance with the provisions outlined in Attachment E.  The Taxi Team will monitor the moratorium every four (4) months.  In reviewing the issue of driver economics, the Taxi Team discussed a proposal for a moratorium on the issuance of permits for new companies as well as additional drivers.  In April the participating Taxi Team owners initiated a voluntary cap on drivers.

                        (3)            Amend the Taxicab Rate, Fares, and Tariffs Resolution to increase the current per mile rate of $2.25 per mile (.25 per 1/9 mile) to $2.50 (.25 per 1/10), amending the flag drop from $2.00 (including 1/9 mile) to $2.50 (including 1/10 mile), and increase the wait time calculation from $.20/36 secs. ($20 hour) to $.25/36 secs. ($25 hour).  The Taxi Team will review meter rates every two years, barring any unforeseen economic emergency.

                        CEQA:  Not a Project.  (Taxicab Advisory Team)

   *            (b)        Acceptance of the staff report in response to the San José Taxicab Advisory Team’s recommendations, with specific approval of the following recommendations:

*                        (1)            Adoption of a resolution amending the Taxicab Rate, Fares, and Tariffs Resolution to increase the current per mile rate of $2.25 per mile (0.25 per 1/9 mile) to $2.50 (0.25 per 1/10 mile) and increase the wait time calculation from $0.20/36 seconds ($20 hour) to $0.25/36 seconds ($25 hour) effective March 2003; and adoption of a resolution amending the Schedule of Fees and Charges to suspend the payment of taxicab stand rental fees for new taxicab stands for one year for taxicab stands installed during 2003.

                        (2)            Direct the Transportation City Service Area staff to conduct a consultant study to determine the most appropriate taxicab system for the City and the Airport based upon an evaluation of customer service requirements, industry and driver economics, insurance requirements and procedures, and taxicab service supply and demand.

                        (3)            Direct staff from the Transportation City Service Area to internally review the current administrative roles, responsibilities, and methods used by City departments for the taxicab industry to determine the most effective and efficient regulation of the industry and the implementation of any new standards that are appropriately within the City’s purview.

                        (4)            Authorize staff from the Transportation City Service Area to assist the taxicab industry in transitioning the Taxicab Advisory Team into an independent, privately managed association of taxicab industry representatives to market the industry, establish and refine industry standards to improve customer service, and to expand the service base of the local industry.

                        CEQA:  Not a Project.  (Transportation/Airport/Police)

7        ENVIRONMENTAL & UTILITY SERVICES

7.1       Water Resources Protection Ordinance representative.

*         Recommendation:  Authorization for a designated Council Member or Council Members to attend a collaborative process meeting of various cities within Santa Clara County and Santa Clara Valley Water District Staff in Cupertino, CA on December 11, 2002 to present the City Council’s position on a proposed “Water Resources Protection Ordinance” of the Santa Clara Valley Water District.  CEQA:  Not a Project.

            (Rules Committee referral 12/4/02)

8        AVIATION SERVICES

9        PUBLIC SAFETY SERVICES

10            JOINT COUNCIL/REDEVELOPMENT AGENCY

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEM 10.1 IN A JOINT SESSION

10.1          Acceptance of the Neighborhood Development Center Business Plan. 

Recommendation:  Acceptance of the Neighborhood Development Center Business Plan.  CEQA:  Not a Project.  (City Manager’s Office/Parks, Recreation and Neighborhood Services/Redevelopment Agency)

10.2          Acceptance of the report on the Council and Redevelopment Agency’s agenda procedures.

*         Recommendation:  Approval of the current Council and Redevelopment Board agenda procedures, including timelines for distributing reports, and direction to staff to implement the following:

            (a)        All staff reports produced by the Administration, City Attorney, or City Clerk shall be distributed by a single source, the City Clerk’s Office by January 2003 (unless the information is confidential/privileged information).  (This process does not include the Redevelopment Agency.)

            (b)        Increase the amount of staff reports posted on the website and begin posting Council Committee agendas and reports on the website by March 2003.

            CEQA:  Not a Project.  (City Manager's Office/City Attorney’s Office/City Clerk’s Office/Redevelopment Agency)

Memo from Council Member Reed

         ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

·               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 receipt of the following Final Maps for review:

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

·                   Adjournment