SAN JOSE CITY COUNCIL

 

AMENDED AGENDA

 

DECEMBER 17, 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

 

Link to Welcome Letter

 

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

                                    See Separate Agenda

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

            7:00 p.m.  -   Public Hearings, Council Chambers, City Hall

            7:00 p.m.  – General Plan Hearings, Council Chambers, City Hall

·                   Invocation (Mayor)

 

            Pastor Shawnee Hardridge, All Tribes Baptist Chapel.

 

·                   Pledge of Allegiance

·                   Orders of the Day

 

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

 

*        ITEM 10.1 10.2, 10.3 ARE TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

 

*        See New Item 2.30, Approval of fiscal actions related to Novell Property Deposit and Purchase Expenses.

 

            FOLLOWING THE EVENING PUBLIC HEARINGS, THERE WILL BE THE GENERAL PLAN FALL HEARINGS.  PLEASE SEE THE SEPARATE AGENDA FOR THE 2002 FALL HEARING OF THE GENERAL PLAN.

 

* ADJOURNMENT:  Adjourn meeting in memory of Bill Kraus, employee in the Department of Parks, Recreation and Neighborhood Services, and in memory of Deborah Lazaneo, wife of Bill Brill, chairman of our Civil Service Commission.  (City Manager’s Office/Parks, Recreation and Neighborhood Services)

 

1      CEREMONIAL ITEMS


 

1.1       Presentation of a proclamation welcoming Cirque du Soleil to San José.  (Conventions, Arts and Entertainment)

            SEE ITEM 10.4 FOR COUNCIL ACTION TO BE TAKEN

 

1.2       Presentation of plaques to Youth Commission members: Melvin Cabebe for 1 year 1 month service, to Jen Hernandez for 2 years 10 months service, to Justin Imamura for 2 years 10 months service, to Albert Leung for 1 year 1 month service, to Rachel Stone for 2 years 10 months service, and to Stephanie Tsai for 2 years 4 months service.  (Mayor)

*          RECOMMEND DEFERRAL TO 1/14/03

 

*1.3       Change to read:  Presentation of plaques to Paul Feci for 4 years service on the Human Rights Commission and to Carolyn Crowley for 2 years 6 months service on the Child Care Commission.  (Mayor)

 

1.4       Presentation of an expression of appreciation to community leaders and Council Members who contributed to the Police Activities League (PAL) Cadet Scholarship Fund.  (Police)

 

*1.5       Presentation of a commendation to Westfield Shoppingtown for their commitment to the San José community by holding their 4th annual “Westfield Works Wonders” event at Westfield Shoppingtown Oakridge and Valley Fair.  (Dando/Yeager)

            (Rules Committee referral 12/11/02)

 

*1.6       Presentation of a commendation to Paul Mircea Goreniuc for his Excellence Award for “Space Dance for Peace IV” from the city of Beijing, China.  This sculpture has been installed in the International Sculpture Park in Beijing for the 2008 Olympic Games.  (LeZotte)

            (Rules Committee referral 12/11/02)

 

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.

 

2.2      Final adoption of ordinances.

 

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26789 – Amends Sections 20.100.470 and 20.100.480 of Chapter 20.100 of Title 20 of the San José Municipal Code in order to modify the provisions related to storm water management including the requirements for a Storm Water Pollution Prevention Plan (SWPPP) and a notice of intent.

 

            (b)        ORD. NO. 26790 – Prezones certain real property situated at the southwest corner of Forest and Ciro Avenues to CO Office Commercial Zoning District.  C 02-081

 

2.3              Approval of a second continuation agreement for legal services related to the RFP for the operation and/or lease of the Municipal Water System.

 

            Recommendation:  Adoption of a resolution authorizing the City Attorney to negotiate and execute a second continuation agreement with Hawkins, Delafield and Wood for legal services related to the RFP for the operation and/or lease of the Municipal Water System, to extend the term through January 31, 2003, at no additional cost to the City.  (City Attorney's Office)

 

2.4      Approval of a grant application for shuttle buses at the Airport.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a grant from the California Energy Commission (CEC), to be used to defray the incremental costs of leasing five compressed natural gas (CNG) shuttle buses at the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager's contract authority of $100,000.  CEQA:  Resolution No. 67380, PP 02-11-354.  (Airport)

 

2.5      Approval of an agreement for environmental analysis of Airport issues and projects.

 

            Recommendation:  Approval of a first amendment to the consultant agreement with David J. Powers & Associates, Inc. for environmental analysis of Airport issues and projects under the existing agreement which extends from July 1, 2002 to June 30, 2003, increasing the maximum cost of the agreement by $60,000, from $100,000 to $160,000.  CEQA:  Resolution No. 67380, PP 02-11-336.  (Airport)

 

2.6      Approval to provide funding for building security improvements.

 

            Recommendation:  Adoption of appropriation ordinance amendments in the General Fund in the amount of $250,000 to provide funding for building security improvements.  CEQA:  Exempt, PP02-11-363.  (General Services/City Manager’s Office)

 

2.7      Approval of revisions to the Arts Grants Program Guidelines.

 

            Recommendation:  Approval of revisions to the Arts Grants Program Guidelines implementation in Fiscal Year 2003-04, with a one-year grace period for those Fiscal Year 2002-03 arts grantees that are unable to meet revised eligibility requirements.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment)

 

2.8      Approval to designate Bay Area Urban Economics for retail sales tax analysis.

 

*          Recommendation:  Adoption of a resolution designating Bay Area Urban Economics as a representative of the City for retails sales tax analysis. Authorized to examine all sales and use tax records of the California State Board of Equalization for an Office of Economic Development retail analysis project being completed by Metrovation LLC.  CEQA:  Not a Project.  (Economic Development)

 

2.9      Approval of an agreement for a scientific evaluation of the South plankton community of the South San Francisco Bay.

 

            Recommendation:  Approval of the first amendment to the consultant agreement with San Francisco State University, (SFSU) for a scientific evaluation of the South San Francisco Bay, extending the term of the agreement by 11 months, from January 31, 2005 to December 31, 2005, and correcting milestone dates, at no additional cost to the City.  CEQA:  Not a Project.  (Environmental Services)

 

2.10      Approval of an agreement for advertising and public relations services to support the Recycle Plus! Program.

 

            Recommendation:  Approval of a first amendment to the consultant agreement with ICF Associates, Inc., for advertising and public relations services to support the Recycle Plus Program, extending the expiration date of the contract by six months from January 1, 2003 through June 30, 2003, at no additional cost to the City.  CEQA:  Not a Project.  (Environmental Services)

 

2.11      Approval to designate the Emergency Services Council as the San José Citizen Corps Council. 

 

            Recommendation:  Adoption of a resolution to designate the Emergency Services Council as the San José Citizen Corps Council.  CEQA:  Not a Project.  (Emergency Services)

 

2.12      Approval of amendments to the City Pay Plan for various job classifications.

 

*            Recommendation: Adoption of a resolution:

            (a)        To Change...

                        (1)        Recreation Aide PT (6107) to Community Services Aide PT, and

                        (2)        Director of Human Resources (1439) to Director of Employee Services.

            (b)        To Change...

                        (1)        Library Clerk (6213) and (6214) to $16.96 - $20.61 per hour,

                        (2)        Library Assistant (6221) and (6222) to $23.27 - $28.28 per hour,

                        (3)        Sr. Librarian (6235) to $33.36 - $40.67 per hour, and

                        (4)        Fire Division Chief (2331) to $52.90 - $64.46 per hour.

            (c)        To Change...

            CEQA:  Not a Project.  (Employee Services)

 

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

 

            Recommendation:

            (a)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #17 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.

            (b)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #18 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Resolution No. 67380, PP02-10-274.

            (c)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #19 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.

            (General Services)

 

2.14      Approval of a sole source purchase of standardized tank components.

 

            Recommendation:  Approval of award for a sole source purchase of 210 flight assemblies for the dissolved air flotation (DAF) tanks to U.S. Filter/Envirex (Waukesha, WI) for the Department of Environmental Services, for a total cost of  $225,051.75, including tax and delivery, and authorization for the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)

 

2.15      Approval of a sole source purchase for parking revenue control system equipment.

 

            Recommendation:  Approval of award for sole source purchase for the Department of Transportation, for equipment required to upgrade two garage parking revenue control systems to Federal Signal Corporation (Novi, Michigan), for a total cost of $116,921, including tax and installation, and authorization for the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)

 

2.16      Approval of an agreement for polygraph services.

 

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

            (a)        Negotiate and execute an agreement with Harman and Shaheen Polygraph Services, Inc. to administer polygraph services for the period October 1, 2002 to September 30, 2003, in an amount not to exceed $96,250; and

            (b)        Exercise up to four one-year options to extend the term of the agreement with Harman and Shaheen Polygraph Services, Inc. in an amount not to exceed $100,750 for the first option year; in an amount not to exceed $105,250 for the second option year; in an amount not to exceed $109,750 for the third option year; and in an amount not to exceed $114,250 for the fourth option year, subject to appropriations for each option year.

            CEQA:  Not a Project.  (Police)

 

2.17      Approval to award a contract for the Norman Y. Mineta San José International Airport - Modular Parking Office Project.

 

            Recommendation:  Report on bids and award of contract for the Norman Y. Mineta San José International Airport - Modular Parking Office Project to the low bidder, Design Space Modular Buildings, Inc. in the amount of $122,082, and approval of a contingency in the amount of $12,000.  CEQA:  Resolution No. 67380, PP02-05-106.  (Public Works)

*           RECOMMEND DEFERRAL TO 1/14/03

 

2.18      Approval to award a contract for the Southside Tot Lot Renovation Rebid Project (Phase 1).

 

*          Recommendation:  Report on bids and award of contract for the Southside Tot Lot Renovation Rebid Project (Phase I) to the low bidder, and approval of a five percent contingency.  CEQA:  Exempt, PP02-02-028.  Council District 2.  (Public Works)

             RECOMMEND DEFERRAL TO 1/14/03

 

2.19      Approval to award a contract for the Waterford Park Renovation Project.

 

            Recommendation:  Report on bids and award of contract for the Waterford Park Renovation Project to the low bidder, JFC Construction, Inc., in the amount of $142,163, and approval of a contingency in the amount of $7,000.  CEQA:  Exempt, PP02-06-173.  Council District 10.  (Public Works)

 

2.20          Approval of contract change order for the Fourth Major Interceptor Phase V/VA Project.

 

            Recommendation:  Approval of Contract Change Order No. 9 with Mountain Cascade, Inc. for the Fourth Major Interceptor Phase V/VA Project in the amount of $153,151.49, for a total contract amount of  $26,548,059.13, and a time extension of 20 working days, for a total of 408 working days.  CEQA:  Resolution No. 60197, PP02-11-339.  Council District 4.  (Public Works)

 

2.21      Approval to set a Public Hearing and vacate a portion of Union Avenue.

 

*          Recommendation:  Adoption of a resolution of intention

            (a)        To vacate a portion of Union Avenue, reserving a public service easement over a portion of the vacated street, a public service easement between Woodard Road and Stratford Avenue; and

            (b)        Setting a Public Hearing on January 21, 2003 at 1:30 p.m.

            CEQA:  Negative Declaration, CP01-12-107.  Council District 9.  (Public Works)

 

2.22      Approval of various actions related to the Stonegate Skatepark Project.

 

*          Recommendation:

            (a)        Report on bids and award of contract for the Stonegate Skatepark Project to the low bidder, JFC Construction, Inc., for the base bid only in the amount of $203,850 and approval of a contingency in the amount of $20,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Subdivision Park Trust Fund

                        (1)        Establish a Stonegate Park Skateboard Facility Project for $192,000.

                        (2)        Decrease the Reserve: Future PDO/PIFO Projects by $192,000.

            (c)        Adoption of the following appropriation ordinance amendments in the Council District 7 Construction and Conveyance Tax Fund:

                        (1)        Increase the Stonegate Park Skateboard Facility Project by $9,000.

                        (2)        Decrease the Ending Fund Balance by $9,000.

            CEQA:  Mitigated Negative Declaration, PP02-10-288.  Council District 7.  (Public Works/City Manager’s Office)

 

2.23      Approval to negotiate and execute an agreement for the construction and maintenance of a public storm sewer.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a storm drain easement and maintenance agreement with BP Almaden Associates, LLC, for the construction and maintenance of a public storm sewer through private property.  CEQA:  Resolution No. 68839.  Council District 3.  (Public Works/Transportation)

 

2.24      Approval to transfer fire hydrant maintenance responsibility to San José Water Company.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to terminate the existing fire hydrant maintenance agreement with San José Water Company, thereby transferring maintenance responsibility to San José Water Company for fire hydrants located within its service territory in accordance with General Order 103 of the Public Utilities Commission of the State of California.  CEQA: Not a Project.  (Transportation)

 

2.25      Acceptance of a $10,000 gift for Traffic Calming Public Education.

 

Recommendation: 

            (a)        Adoption of a resolution accepting a $10,000 donation from the California State Automobile Association to be used for Traffic Calming Public Education and Awareness Services, also known as “Street Smarts”; and

            (b)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the Gift Trust Fund:

                        (1)        Increasing the estimate for Earned Revenue by $10,000; and

                        (2)        Establishing an appropriation to the Department of Transportation for Traffic Calming Public Education and Awareness Services (“Street Smarts'”) in the amount of $10,000.

            CEQA:  Not a Project.  (Transportation/City Manager's Office)

 

2.26      Approval of an agreement for the Almaden/Woz Way parking lot.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to a lease agreement with Boston Properties (dba BP Almaden Associates, LLP) in the amount of $240,000 ($20,000 per month) for the Almaden/Woz Way parking lot, located at 282 Almaden Boulevard, extending the lease for the period January 1, 2003 to December 31, 2003.  CEQA:  Not a Project.  Council District 3.  (Transportation)

 

2.27     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)

            (Deferred from 12/10/02 – Item 2.6)

             RECOMMEND DEFERRAL TO 1/14/03

 

2.28     Approval to negotiate an amendment to the agreement with Hanson, Bridgett, Marcus, Vlahos, Rudy LLP as the Evaluator to the Ethics Board.

 

*            Recommendation:

            (a)        Adoption of a resolution authorizing the City Attorney to negotiate and execute an amendment to the agreement with Hanson, Bridgett, Marcus, Vlahos, Rudy LLP to increase the maximum amount of compensation for investigation services as the Evaluator to the Ethics Board in an amount not to exceed $120,000.

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

                        (1)        Increase the appropriation in City-Wide to the Office of the City Clerk in the amount of $140,000 for Campaign Finance Review and Ethics Board.

                        (2)        Reduce Contingency Reserve in the amount of $140,000.

            (City Attorney’s Office/City Clerk’s Office/City Manager’s Office)

            (Rules Committee referral 12/11/02)

 

 

2.29     Approval to submit to the Surface Transportation Board and Union Pacific Railroad, a Public Use Condition request and Petition for Reconsideration of the abandonment of rail line located in San José. 

 

*            Recommendation:  Adoption of a resolution authorizing the City Manager to submit to the Surface Transportation Board (STB) and Union Pacific Railroad, a Public Use Condition request and Petition for Reconsideration of the proposed abandonment of approximately 2.85 miles of rail line located in San José.  CEQA:  Exempt, PP02-12-370.  Council Districts 3, 6, and 7.  SNI:  Spartan/Keyes, Tully/Senter, University and Washington.  (Parks, Recreation and Neighborhood Services)

            (Rules Committee referral 12/11/02)

 

2.30     Approval of fiscal actions related to Novell Property Deposit and Purchase Expenses.

 

*            Recommendation:  Adoption of appropriation ordinance amendment in the General Fund to:

            (a)        Establish an appropriation in City-Wide to the Office of the City Manager in the amount of $350,000 for Novell Property Deposit and Purchase Expenses.

            (b)        Increase the estimate for Other Revenue by $350,000.

            CEQA:  Exempt, PP02-06-148.  (City Manager’s Office)

            (Orders of the Day)

 

3      STRATEGIC SUPPORT SERVICES


 

3.1      Report of the Study Session

            Mayor Gonzales, Chair

 

*3.2       Report of the Rules Committee – December 11, 2002

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

            (b)        City Council

                        (1)        Review December 24, 2002 Draft Agenda

                                    DROP – Holiday Closure

                        (2)        Add New Items to November 17, 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)        Adopt proposed 2003-2004 City and Redevelopment Agency Budget Calendar

                        (2)        Approve the FY 2003-2004 Budget Study Session Calendar

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

                        (1)        Police and Fire Retirement Board of Administration

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

                        (1)        Request to develop a policy for selecting sites for City-sponsored meetings

            (h)        Administrative Reviews and Approval

                        (1)        2002 State Legislative Summary

                        (2)        2002 Federal Legislative Summary

            (i)         Oral communications

            (j)         Adjournment

 

3.3      Report of the Finance and Infrastructure Committee

            Council Member Dando, Chair

 

3.4      Approval of a list of the proposed Collaborative Action Plan and agreement with Santa Clara Valley Water District.

 

            Recommendation:  Approval of a list of the proposed Collaborative Action Plan and Agreement (CAP) with Santa Clara Valley Water District for the development and operation of joint-trail-related projects.  CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

            (Deferred from 12/3/02 – Item 3.7)

 

3.5      Approval of various fiscal actions for Redevelopment Agency Capital Projects.

 

            Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund) in the amount of $4,956,000, and the Low and Moderate Income Housing Fund in the amount of $250,000, to provide funding for various Strong Neighborhood Initiative (SNI) projects, and adoption of a resolution making certain determinations regarding the expenditure of Agency Funds on certain public improvements.  CEQA:  Resolution No. 71042, PP02-10-312.  (City Manager's Office)

 

3.6       Change to read:  Approval of various actions related to the City’s San José Water/Municipal Water System.

 

*            Recommendation:  

            (a)        Acceptance of the report from City’s San José Water/Municipal Water System negotiating team.

            (b)        Authorization for the City Manager to proceed in developing a partnership agreement with San José Water focusing on utility billing, hydrant maintenance and a purchase order for consulting services.

            CEQA:  Not a Project.  (Mayor/Council/City Manager’s Office/Auditor)

            REQUEST TO DEFER TO 1/14/02

            (Council Member Reed)

             RECOMMEND DEFERRAL TO 1/14/02

 

3.7      Approval to amend the 2002-03 Schedule of Fees and Charges to increase the Underground Utility Fee.

 

            Recommendation:  Adoption of a resolution amending the 2002-03 Schedule of Fees and Charges to increase the Underground Utility Fee to $224 per linear foot, from $112 per linear foot.  CEQA:  Not a Project.  (Public Works)

*         RECOMMEND DEFERRAL TO 1/14/02

 

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

 

*            Recommendation:

            (a)        Approval of a third amendment to the agreement with Richard Meier & Partners (RMP) for architectural services extending the term of the agreement from December 31, 2002 to December 31, 2005, and increasing the compensation by $5,550,000 , from $20,000,000 to $25,550,000.

            (b)        Approval of an agreement with Engineering Economics, Inc. (EEI) for building commissioning services in an amount not to exceed $390,000 and with a term extending through June 30, 2006.

            (c)        Approval of an agreement with Signet Testing Labs for construction phase testing and inspection services in an amount not to exceed $1,100,000 and with a term extending through June 30, 2005.

            (d)        Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the agreement with Earth Tech Environmental, Inc. for environmental services increasing the compensation by an amount not to exceed $150,000, from $96,120 to an amount not to exceed $246,120.

            (e)        Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with The Steinberg Group for interior design architectural services in an amount not to exceed $1,400,000 and with a term extending through June 30, 2005.

            CEQA:  Civic Plaza Redevelopment Plan EIR, Resolution No. 68905, PP98-03-072.  Council District 3.  SNI:  University.  (Public Works)

            (Deferred from 12/10/02 – Item 3.6)

 

            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)

            (Deferred from 12/10/02 – Item 3.6)

 

4      ECONOMIC & NEIGHBORHOOD DEVELOPMENT


 

4.1      Report of the Economic Development & Environment Committee – December 2, 2002

            Council Member Williams, Chair

            (a)        Hayes Conference Center

                        SEE ITEM 4.2 FOR COUNCIL ACTION TO BE TAKEN

            (b)        Update of City Council Policy 9-3:  Community Identification Signs

*                      SEE ITEM 4.6 FOR COUNCIL ACTION TO BE TAKEN

            (c)        Signage in the Residential Areas

*                      SEE ITEM 4.7 FOR COUNCIL ACTION TO BE TAKEN

            (d)        Update on City Policy for Wireless Communications

            (e)        Street Tree Pruning and Replacement Process

*                      SEE ITEM 4.8 FOR COUNCIL ACTION TO BE TAKEN

            (f)         Oral petitions

            (g)        Adjournment

 

4.2      Acceptance of the report on the performance of the Hayes Conference Center.

 

            Recommendation:  Acceptance of the report on the performance of the Hayes Conference Center and the status of lease marketing efforts by Hayes Renaissance Limited Partnership.  CEQA:  Not a Project.  (City Manager’s Office)

            (Referred from 9/24/02 San José Financing Authority – Item 2)

            [Economic Development and Environment Committee referral 12/2/02 – Item 4.1(a)]

 

4.3      Approval of various actions related to the formation of Community Facilities District No. 9 (Bailey/Highway 101).

 

            Recommendation:  PUBLIC HEARING and take the following actions relating to the formation of Community Facilities District No. 9 (Bailey/Highway 101) and the issuance of bonded indebtedness:

            (a)        Adoption of a resolution of formation of Community Facilities District No. 9 (Bailey/Highway 101), authorizing the levy of a special tax therein, preliminarily establishing an appropriations limit therefore and submitting a levy of the special tax and the establishing of the appropriations limit to the qualified electors thereof.

            (b)        Adoption of a resolution determining the necessity to incur bonded indebtedness.

            (c)        Adoption of a resolution calling a special election.

            (d)        Adoption of a resolution declaring the results of the special election and directing the recording of the notice of the special tax lien.

            (e)        Adoption of an ordinance levying special taxes within Community Facilities District No. 9 (Bailey/Highway 101).

            (f)         Adoption of a resolution authorizing the issuance and sale of special tax bonds in an aggregate principal amount not to exceed $15,000,000, to be sold at a negotiated sale, approving the form and authorizing the execution of the Fiscal Agent Agreement, and approving the use of the Official Statement in connection with the sale of the Bonds and directing and authorizing certain other related actions.

            CEQA:  Resolution No. 68705.  Council District 2.  (Finance/Public Works)

*          RECOMMEND DEFERRAL TO 1/14/03

 

4.4              Approval of various actions related to the proposed formation of Community Facilities District No. 10 (Hassler – Silver Creek).

 

            Recommendation: 

            (a)        Adoption of a resolution in connection with the proposed formation of Community Facilities District (“CFD”) No. 10 (Hassler – Silver Creek) for the development known as “The Ranch on Silver Creek”:

                        (1)        Declaring the City’s official intent to reimburse expenditures pursuant to United States Treasury Regulations Section 1.150-2 from tax-exempt bond proceeds;

*                      (2)        Authorizing the City Manager to negotiate and execute the following agreements with Cerro Plata Associates, LLC and/or its related entities:

                                    (a)        A Deposit/Reimbursement Agreement to ensure payment of the costs of the City in forming the CFD and otherwise in connection with the issuance of bonds for the CFD;

                                    (b)        An Acquisition Agreement which sets forth certain terms related to the financing of public improvements through the CFD subject to subsequent City approvals.

 

            (b)        Adoption of an appropriation ordinance and a funding sources resolution amendment in the Construction Excise Tax Fund #465:

                        (1)        Establishing an appropriation to the Department of Public Works for the Hassler – Silver Creek Project in the amount of $75,000;

                        (2)        Increasing the estimate for Earned Revenue by $75,000.

            CEQA:  Resolution No. 64913, PP02-11-347.  Council District 2.  (Finance/Public Works/City Manager's Office)

 

4.5      Approval of funding for the Cherryview Senior Apartments.

 

            Recommendation:  Adoption of a resolution approving a funding commitment for a conditional grant of up to $7,032,462 to ROEM Development Corporation, or its designated affiliate, for the construction and permanent financing of the Cherryview Senior Apartments, a 126-unit senior rental development located at 5067 Almaden Expressway.  CEQA:  Negative Declaration, PDCSH-02-032.  Council District 9.  (Housing)

 

4.6       Approval of various actions related to Policy 9-3: Community Identification Signs.

 

*            Recommendation:  Adoption of a resolution:

            (a)        Rescinding the current Council Policy 9-3 prohibiting the installation of community identification signs other than those of a historical nature; and

            (b)        Adopting a replacement policy based on the proposed guidelines and criteria for allowing community identification signs and architectural/gateway monuments within the public right-of-ways outside the Greater Downtown Area.

            (Planning, Building and Code Enforcement)

            [Economic Development & Environment Committee referral 12/2/02 – Item 4.1(b)]

            RECOMMEND DEFERRAL TO 1/14/03

 

4.7       Approval of an ordinance amending signage regulations in residential areas.

 

*            Recommendation:  Approval of an ordinance amending Sections 23.04.320, 23.04.330, 23.04.340, 23.04.350, and 23.04.830 of Chapter 23.04 of Title 23 of the San José Municipal Code to amend signage regulations in residential zoning districts and to provide for an amortization period for certain temporary signs in those districts.  CEQA: Exempt.

            [Economic Development & Environment Committee referral 12/2/02 – Item 4.1(c)]

            RECOMMEND DEFERRAL TO 1/14/03

 

4.8       Approval of an ordinance relating to street trees.

 

*            Recommendation:  Approval of an ordinance amending Chapter 13.28 of Title 13 of the San José Municipal Code to allow licensed contractors to trim, prune, or cut street trees and to allow residents to trim, cut, or prune street trees in emergency situations without the necessity of obtaining a permit and imposing certain notification obligations on a selling or transferring property owner to the purchaser or transferee regarding the condition and existence of street trees on the residential property.

            [Economic Development & Environment Committee referral 12/2/02 – Item 4.1(e)]

            RECOMMEND DEFERRAL TO 1/21/03

 

4.9       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 12/10/02 – Item 4.2)

            DROP

 

4.10     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

            (Continued from 12/10/02 – Item 4.3)

 

5      RECREATION & CULTURAL SERVICES


 

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

            Council Member Chavez, Chair

 

5.2              Acceptance of the Annual Status Report on the Library Bond Projects.

 

            Recommendation:  Acceptance of the Annual Status Report on the Library Bond Projects.  CEQA:  Not a Project.  (Citizen Oversight Committee for the Library Bond Projects)

 

5.3      Approval of the Annual Report on the Safe Neighborhood Parks and Recreation Bond Projects.

 

            Recommendation:  Approval of the Annual Report on the Safe Neighborhood Parks and Recreation Bond Projects.  CEQA:  Not a Project.  (Citizen Oversight Committee for the Parks and Recreation Bond Projects)

 

5.4      Approval of naming the new branch library on Blossom Hill Road.

 

            Recommendation:  Approval of the Library Commission’s recommendation naming the new branch library currently being constructed on Blossom Hill Road the “Vineland Branch Library.”  CEQA:  Not a Project.  Council District 10.  (Library Commission)

 

5.5      Approval of the Sixth and Bestor Park Master Plan

 

            Recommendation:  Approval of the Sixth and Bestor Park Master Plan.  CEQA:  Negative Declaration, PP02-10-300.  Council District 3.  SNI: Spartan/Keyes.  (Parks, Recreation and Neighborhood Services)

 

5.6            Public Hearing and approval of an agreement of City-owned property on Senter Road.

 

*          Recommendation:  Public Hearing and approval of an agreement with Synergy Properties, LLC for the exchange of approximately 3.82 acres of City-owned property on Senter Road for approximately 12.99 acres of property along the east side of Coyote Creek known as the Carroll property.  CEQA:  Exempt, PP02-12-369.  Council District 7.  SNI:  Tully/Senter.  (Parks, Recreation and Neighborhood Services/Public Works)

            SEE GENERAL PLAN AGENDA FOR COUNCIL ACTION TO BE TAKEN; TO BE HEARD AFTER ITEM 2.8(a)

 

5.7      Approval to award a contract for the Camden Multi-Service Community Center Project.

 

*          Recommendation:  Report on bids and award of contract for the Camden Multi-Service Community Center Project to the low bidder, Arntz Builders, for the base bid and Add Alternates Nos. 1, 2, 3, 4 and 5 in the amount of $6,111,331, and approval of a contingency in the amount of $620,000.  CEQA: Mitigated Negative Declaration, PP01-11-208.  Council District 9.  SNI:  Union/Curtner.  (Public Works)

 

5.8      Approval to award a contract for the Forestdale Tot Lot and Martin Park Play Area Renovation Project.

 

*          Recommendation:  Report on bids and award of contract for the Forestdale Tot Lot and Martin Park Play Area Renovation Project to the low bidder Beacon Construction Inc., to include the base bid and Add Alternate No. 1 in the amount of $503,292 and approval of a contingency in the amount of $25,000.  Forestdale Tot Lot CEQA:  Exempt, PP02-09-257.  Martin Park CEQA: Exempt, PP02-09-258.  Council District 3.  SNI:  Brookwood Terrace.  (Public Works)

 

 

6      TRANSPORTATION SERVICES


 

6.1              Approval to award a contract for the Smart Intersections Program Communications System 2002 Phase 1, Package B Project.

 

            Recommendation:  Report on bids and award of contract for the Smart Intersections Program Communications System 2002 Phase 1, Package B Project to the low bidder, Prism Engineering, Inc., in the amount of $707,317 for the base bid, and approval of a contingency in the amount of $70,730.  CEQA:  Exempt, PP 02-04-092.  SNI:  Tully/Senter.  (Public Works)

*        RECOMMEND DEFERRAL TO 1/21/03

 

6.2      Approval of the addition of the 300 block of Saint John Street into the Arena Permit Parking Area.

 

            Recommendation:  Approval of an ordinance amending Section 11.48.100 of Chapter 11.48 of Title 11 of the San José Municipal Code for the addition of the 300 block of Saint John Street into the Arena Permit Parking Area, which includes the following segments:

            (a)        The north side of Saint John Street from a point fifty-two feet east of North River Street to a point two hundred twenty-one feet east of North River Street;

            (b)        The south side of Saint John Street from a point thirty-four feet east of North River Street to a point one hundred fifty-two feet east of North River Street.

            CEQA:  Exempt, PP02-11-358.  Council District 3.  (Transportation)

*        RECOMMEND DEFERRAL TO 1/21/03

 

6.3      Approval of a grant agreement with the Santa Clara Valley Transportation Authority.

 

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute a Transportation Fund for Clean Air (TFCA) grant agreement with the Santa Clara Valley Transportation Authority (VTA) to receive grant funding in an amount not to exceed $880,500, for the following three transportation projects:

                        (1)        San José Light Rail Transit Signal Timing in an amount not to exceed $435,000;

                        (2)        Silicon Valley Transportation Management Center in an amount not to exceed $280,000;

                        (3)        Class 1 Coyote Creek Bicycle Path in an amount not to exceed $165,500.

            (b)        Adoption of the following appropriation ordinance amendment in Council District 4 Construction & Conveyance Tax Fund:

                        (1)        Increasing the River Oak/Coyote Creek Trail Project by $295,000; and

                        (2)        Decreasing the Ending Fund Balance by $295,000.

            San José Light Rail Transit Signal Timing CEQA:  Exempt, PP02-11-356.  Silicon Valley Transportation Management Center CEQA:  Exempt, PP02-07-193.  Class 1 Coyote Creek Bicycle Path CEQA:  Exempt, PP98-01-002.  (Transportation/Parks, Recreation and Neighborhood Services/City Manager's Office)

 

 

7      ENVIRONMENTAL & UTILITY SERVICES


 

7.1      Approval of various actions related to Recycle Plus! Rate Increases.

 

*            Recommendation:  

            (a)        PUBLIC HEARING on proposed Fiscal Year 2002-03 Recycle Plus (RP) rate increases;

            (b)        Adoption of a resolution revising RP rates for services beginning February 1, 2003, increasing single family rates by 3% and multi-family rates by 4%, as shown in the charts; and

            (c)        Direction to staff to return to Council during the FY 2003-04 budget process with recommendations for a new five-year rate strategy.

            CEQA:  Not a project.  (Environmental Services)

 

Attachment AB Recycle Plus Multi-Family Monthly Service Rates

Attachment AB Recycle Plus Multi-Family Contaminated Recycle Rates

Attachment AB Additional Recycle Plus Multi-Family Service Rates

 

Attachment C Recycle Plus Multi-Family Monthly Service Rates

Attachment C Recycle Plus Multi-Family Contaminated Recycle Rates

Attachment C Additional Recycle Plus Multi-Family Service Rates

 

 

 

8      AVIATION SERVICES


 

8.1      Approval of an agreement for security services at the Airport.

 

*          Recommendation:  Adoption of a resolution authorizing the Director of General Services to:

            (a)        Negotiate and execute a one-year agreement with two, one-year options with National Security Industries for security guard services at the Norman Y. Mineta San José International Airport, with a total first year compensation not to exceed $2,200,000.

            (b)        Execute each of the options to renew with compensation adjustments based on the Consumer Price Index, without further City Council action other than the appropriation of necessary funding.

            CEQA:  Resolution No. 67380, PP02-10-315.  (General Services/Airport)

            (Deferred from 12/3/02 – Item 8.1)

 

 

9      PUBLIC SAFETY SERVICES


 

9.1       Presentation and report on Santana Row/Moorpark Area Fire. 

 

*            Recommendation:  Presentation and report on Santana Row/Moorpark Area Fire.  (City Manager’s Office)

            (Rules Committee referral 12/11/02)

 

10      JOINT COUNCIL/REDEVELOPMENT AGENCY


 

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

 

10.1      Amendment to the Conflict of Interest Codes.

 

            Recommendation:  Adoption of resolutions by the City Council and Redevelopment Agency amending the Conflict of Interest Codes for the City of San José and the San José Redevelopment Agency.  CEQA:  Not a Project.  (City Clerk/Redevelopment Agency)

 

10.2          Approval of the Guadalupe River Master Plan 2002

 

            Recommendation:  Adoption of resolutions by the City Council and Agency Board approving the Guadalupe River Master Plan 2002.  CEQA:  Resolution to be adopted.  (City Manager's Office/Redevelopment Agency)

 

10.3      Approval of various actions related to the draft 2003 Legislative Priorities.

 

*            Recommendation:  

            (a)        Review and discuss draft 2003 Legislative Priorities (Attachment A) at the Council meeting on December 17, 2002.

            (b)        Take final action on the 2003 Legislative Priorities and Mayor’s Legislative Policy recommendations that reflect Council input at the meeting on January 14, 2003.

            (City Manager’s Office/Redevelopment Agency)

 

10.4          Acceptance of an invitation from Cirque du Soleil to send City and Agency officials and staff to the opening night performance of “Varekai.”

 

*          Recommendation:  Adoption of resolutions by the City Council and Redevelopment Agency Board accepting the invitation from Cirque du Soleil to send City and Agency officials and staff to the opening night performance of “Varekai” on Thursday, January 16, 2003.  CEQA:  Not a Project.  (City Manager’s Office/Redevelopment Agency)

 

            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 pending decision on the following Final Maps:

 

Tract

Location

Council District

Developer

Lots/ Units

Type

Proposed Decision

9460

E/s of N. Capitol Ave., 100 feet n/o Autumnvale Ave.

4

Capitol Park Townhomes, LLC

17 units

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:

 

Tract

Location

Council District

Developer

Lots/Units

Type

9459

E/S of Roberts Ave., 340 feet s/o Story Rd

7

Roberts Avenue Associates

16 units

Multi-family

9470

NE/C of 8th St. and East Mission St.

3

Regis Homes of Northern California

66 units

Multi-family

 

 

·                   Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.  Following Open Forum, Council will recess until 7:00 p.m.

 

 

11      PUBLIC HEARINGS


            (To be heard by the City Council at 7:00 p.m.)

 

11.1      Public Hearing on conforming rezoning at South First Street and East Virginia Street.

 

*            Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the east side of South First Street approximately 210 feet north of East Virginia Street, from A(PD) Planned Development Zoning District and LI Light Industrial Districts to CN Neighborhood Commercial District to allow commercial uses on 0.59 gross acres.  (Vasanti and Viren Patel, Owner/Developer).  CEQA:  Resolution No. 65459.  Director of Planning, Building, and Code Enforcement recommends approval of rezoning to CP Pedestrian Commercial District.  No Planning Commission action required.

            C 02-070 - District 3

            (Continued from 11/5/02 – Item 11.7 et al., and 12/3/02 – Item 11.2)

 

11.2      Public Hearing on planned development prezoning at Tully and Senter Roads.

 

         Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT PREZONING of the property located at the south side of Tully Road, approximately 500 feet west of Senter Road, from County to A(PD) Planned Development Zoning District, to allow a maximum of 561 multi-family attached residential units on 11.4 gross acres.  (County of Santa Clara, Owner; County of Santa Clara and ROEM, Developer).  CEQA:  Resolution to be Adopted.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-1-0).

            PDC 02-040 - District 7

            (Continued from 12/3/02 – Item 11.3)

 

11.3       Public Hearing on planned development rezoning of the property located on the easterly side of U.S. Highway 101 and northerly of Metcalf Road.