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

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

Invocation (Mayor)

* Reverend Dick Roe, Executive Director of the Santa Clara County Council of Churches

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 IS TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

 

1 CEREMONIAL ITEMS

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* 1.1 Presentation of a commendation to Lillian Silberstein for her years of service to the community. (Mayor)

(Deferred from 12/11/01 – Item 1.3)

 

2 CONSENT CALENDAR

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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. 26527 – Prezones certain real property situated at the east side of Ruby Avenue, 50 feet northerly of Murrillo Avenue, from County to A(PD) Planned Development Zoning District, to allow a 22,570 square foot church on 2.5 gross acres. PDC 00-04-024

(b) ORD. NO. 26528 – Rezones certain real property situated at the southeastern corner of South Bascom Avenue and Moorpark Avenue. PDC 01-03-043

(c) ORD. NO. 26529 - Rezones certain real property situated at the east side of Coastland Avenue, approximately 80 feet south of Lincoln Court and Ardis Drive. PDC 00-12-127

(d) ORD. NO. 26530 - Rezones certain real property situated at the southeast corner of Yerba Buena Road and Dove Hill Road to A(PD) Planned Development. PDC 99-04-028

(e) ORD. NO. 26531 - Rezones certain real property situated at the southerly terminus of Hampton Falls Place, approximately 650 feet southerly of Branham Lane. PDC 00-12-125

(f) ORD. NO. 26532 - Rezones certain real property situated at the west side of North Bascom Avenue, approximately 130 feet southerly of Forest Avenue. PDC 01-02-020

(g) ORD. NO. 26533 - Rezones certain real property situated at the northeast corner of West Taylor and Elm Streets. PDC 01-02-029

* (h) ORD. NO. 26536 – Amends Chapter 3.36 of Title 3 of the San José Municipal Code by adding a Section 3.36.580 to establish a Supplemental Retiree Benefit Reserve in the Police and Fire Department Retirement Plan.

2.3 Approval to determine that public use and necessity require the acquisition of certain property and directing the filing of eminent domain action.

Recommendation: Adoption of a resolution determining that public use and necessity require the acquisition of certain property owned by Hilltop Manor, Inc., located at 790 Ironwood Drive, and directing the filing of eminent domain action. CEQA: ND. Council District 6. (Public Works)

(Deferred from 11/27/01 – Item 2.7)

DROP

2.4 Approval of agreements related to the Airport.

* Recommendation: Adoption of resolutions authorizing the City Manager to negotiate and execute:

(a) A first amendment to the Commercial Cargo Operating Agreement with BAX Global, Inc., to extend the term of the agreement through February 28, 2007, and change the airline name to Air Transport International, L.L.C., with estimated annual revenue to the City of $170,000; and

(b) A second amendment to the lease agreement with BAX Global, Inc., for office and asphalt ramp space at 1311 Airport Boulevard, to extend the term of the lease through February 28, 2007, and change the tenant name to Air Transport International, L.L.C., with annual rental revenue to the City in the amount of $3,892.44.

CEQA: Resolution No. 67380. (Airport)

2.5 Approval to extend the term for rental fees at the Airport.

Recommendation: Approval of an eighth amendment to the Federal Inspection Services Facility Lease Agreement with Williams Scotsman, to extend the lease term from February 1, 2002 through July 31, 2002, at a total annual cost not to exceed $82,740, and authorizing the City Manager to exercise the right to hold over on a month-to-month basis with no increase in rent or change in terms, at the sole discretion of the City. CEQA: Resolution No. 67380. (Airport)

2.6 Approval to amend an agreement related to Phase 5 of the Acoustical Treatment Program.

* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a fourth amendment to the agreement with Anderson Brule Architects, Inc., for consultant services related to Phase 5 of the Acoustical Treatment Program, increasing compensation by $125,170, from $4,193,921 to $4,319,091, and extending the term of the agreement from December 31, 2001 to June 30, 2002. CEQA: Resolution No. 67380. (Airport)

2.7 Adopt a resolution approving an amendment to the legal services agreement with Sonnenschein Nath & Rosenthal.

Recommendation: Adoption of a resolution authorizing the City Attorney to execute a second amendment to the agreement for legal services with Sonnenschein Nath & Rosenthal, to increase the amount of total compensation to a total amount not to exceed $200,000. (City Attorney's Office)

2.8 Adopt a resolution approving an amendment to the legal services agreement with Robinson & Wood, Inc.

Recommendation: Adoption of a resolution authorizing the City Attorney to negotiate and execute an amendment to the agreement for legal services with Robinson & Wood, Inc., to modify the scope of services and to extend the term of the agreement through December 31, 2002, at no additional cost to the City. (City Attorney's Office)

2.9 Approval of various actions related to the Compaq Center at San José.

Recommendation: Approval of distribution of Compaq Center at San José naming rights community fund and associated appropriation ordinance and funding sources amendments in the General Fund. (City Manager’s Office)

2.10 Approval of amendments to the annual appropriation ordinance related to enhancing security in City Facilities.

Recommendation: Adoption of amendments to the annual appropriation ordinance in the General Fund for expenses related to enhancing security in City Facilities. (City Manager’s Office)

2.11 Adoption of an urgency ordinance extending the terms of the current Cable Television Franchise originally granted to Gill Industries, Inc.

Recommendation: Adoption of an urgency ordinance extending the terms of the current Cable Television Franchise originally granted to Gill Industries, Inc., from December 31, 2001 to June 30, 2002. (City Manager's Office)

2.12 Approval of action related to the proposed Olympic Torch Relay through San José on January 18, 2002.

Recommendation: Approval of an Agreement for Torch Relay Services and a Designated Marks and Copyrights License Agreement related to the proposed Olympic Torch Relay through San José on January 18, 2002, and the related Host Community Celebration, each agreement with the Salt Lake Organizing Committee. (Conventions, Arts and Entertainment)

2.13 Approval of an agreement for a work of art for the Alviso Branch Library and Community Center.

Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with artist Donna Billick to fabricate and install a work of art for the Alviso Branch Library and Community Center, in an amount not to exceed $30,600. CEQA: Exempt. Council District 4. (Conventions, Arts and Entertainment)

2.14 Approval of an agreement for a work of art for the Paseo Villas Condominiums.

Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement between the City of San José, property owners of Paseo Villa Condominiums, and artist Ned Smyth to fabricate and install a work of art for the Paseo Villas Condominiums, in an amount not to exceed $177,600. CEQA: Exempt. Council District 3. (Conventions, Arts and Entertainment)

2.15 Approval to amend certain policies, requirements, and guidelines of the Arts Venture Grants Initiative.

Recommendation: Approval of the Arts Commission recommendations to amend certain policies, requirements, and guidelines of the Arts Venture Grants Initiative. (Conventions, Arts and Entertainment)

2.16 Approval of urgency ordinances related to the Economic Growth Tax Relief and Reconciliation Act.

Recommendation: Adoption of:

(a) An urgency ordinance amending Chapter 3.48 of the San José Municipal Code, the City of San José Deferred Compensation Plan, to implement changes enacted by the Economic Growth Tax Relief and Reconciliation Act; and

(b) An urgency ordinance amending Chapter 3.50 of the San José Municipal Code, to implement changes enacted by the Economic Growth Tax Relief and Reconciliation Act.

(Deferred Compensation Advisory Committee)

2.17 Approval to amend an agreement for Salt Marsh Conversion Assessment.

Recommendation: Approval of the second amendment to the professional services agreement with H.T. Harvey and Associates for Salt Marsh Conversion Assessment, extending the term for one year, amending the scope of services to include vegetative mapping services for Year 2002, and increasing compensation by $79,500, from $375,000 to a total amount not to exceed $454,500. CEQA: Exempt. (Environmental Services)

2.18 Approval to issue a Request For Proposal for Recycle Plus billing, customer service, and performance monitoring.

Recommendation: Approval to issue a Request For Proposal for an integrated service solution for Recycle Plus billing, customer service, and performance monitoring. (Environmental Services/Information Technology/Finance)

2.19 Approval to amend an agreement for workers’ compensation diagnostic testing.

* Recommendation: Approval of the third amendment to the agreement with PHM Diagnostics, Inc. for workers' compensation diagnostic testing services in order to extend the term for an additional 6 months until June 30, 2002, at an additional cost not to exceed $115,000, for a total cost not to exceed $580,000. (Finance)

2.20 Approval to amend an agreement for workers’ compensation medical bill review services and to administer the preferred provider organization medical network.

* Recommendation: Approval of the second amendment to the agreement with Diversified HealthCare Services to provide workers' compensation medical bill review services and administer the preferred provider organization medical network in order to extend the term for an additional 6 months until June 30, 2002, at an additional cost not to exceed $250,000, for a total cost not to exceed $1,050,000. (Finance)

2.21 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 2001-2002 #16, and authorization for the Director of General Services to execute the purchase orders. (General Services)

2.22 Approval to amend the agreements for the Integrated Development Tracking System.

Recommendation:

(a) Approval of the third amendment to the agreement with Intergraph Corporation for the IDTS Project to:

(1) Increase the compensation by $25,000 for additional consulting and training services; and

(2) Extend the term of the agreement from December 30, 2001 to December 31, 2002.

(b) Adoption of a resolution authorizing the City Manager to negotiate and execute agreement(s) with Intergraph Corporation and/or IDTS subcontractors for Maintenance and Support of the IDTS in an amount not to exceed $375,000.

(City Manager’s Office)

2.23 Adoption of a resolution approving the reorganization of Burbank No. 35.

Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as Burbank No. 35 which involves the annexation to the City of San José of 0.13 acre of land, located on the east side of North Bascom Avenue, approximately 90 feet north of Olive Avenue and generally bounded by the City of San José Annexation #762 – Sunol No. 14, the City of San José Annexation #678 – Cory No. 6, and the City of San José Annexation #238 – Burbank No. 6-A, and the detachment of the same from the appropriate special districts including: Central Fire Protection District, County Library Service Area, and County Lighting Service. CEQA: Exempt. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required. Council District 6. (Planning, Building and Code Enforcement)

* 2.24 Approval of lease agreements for office space at 777 North First Street for the Department of Information Technology and Code Enforcement.

Recommendation: Approval of two lease agreements with La Familia, LP for office space at 777 North First Street for the Department of Information Technology and Code Enforcement, for a combined monthly rent of $6,880.75 per month during the first year of the leases, with annual increases of approximately three percent (3%), to a maximum rate of $8,084.56 per month during the fifth and final year of the leases. (Public Works)

2.25 Approval of an agreement for the Evergreen Industrial Development.

* Recommendation: Approval of a cooperation agreement with Yerba Buena, OPCO, LLC to fund with an initial deposit of $30,000 and for the City to investigate the feasibility of providing public financing for the acquisition and construction of public infrastructure improvements required for the Evergreen Industrial Development. Council District 8. (Public Works)

2.26 Approval of an agreement related to the Floyd and Locust Street Park and Sixth and William Street Park.

* Recommendation: Approval of an agreement with Callander Associates Landscape Architects, Inc. for consultant services for the development of master plans and construction documents for Floyd and Locust Street Park and Sixth and William Street Park, from the date of execution of the agreement to June 30, 2003, in the amount of $162,000, and additional services in the amount of $5,000, for a total agreement amount of $167,000. Council District 3. SNI: University & Washington. (Public Works)

2.27 Approval of an agreement for the King Road Bridge at Penitencia Creek.

Recommendation: Approval of a continuation agreement with Creegan + D’Angelo for consultant services for the design of improvements to the King Road Bridge at Penitencia Creek, extending the term from December 31, 2001 to December 31, 2003, at no additional cost to the City. Council District 4. (Public Works)

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

* Recommendation: Adoption of a resolution to consider the establishment of Rule 20A Underground Utility District (PG&E set aside funds for reimbursement) bounded by South Fourth Street, South Fifth Street, and South Sixth Street, between East San Fernando Street and East Santa Clara Street and setting a public hearing on January 15, 2002 at 1:30 p.m. CEQA: Exempt. Council District 3. SNI: University. (Public Works)

2.29 Approval of a Parking Lot Lease Agreement for the Almaden/Woz Way parking lot.

Recommendation: Approval of a Parking Lot Lease Agreement between the City of San José and 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, for the period December 23, 2001 to December 31, 2002. (Transportation)

* 2.30 Nominations to the Metcalf Community Advisory Committee.

Recommendation: Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor)

(Deferred from 10/30/01 – Item 2.11 et al., and 12/11/01 – Item 2.13)

* 2.31 Approval of a City Event for use at the Compaq Center on December 29, 2001, for a San José State University vs. Fresno State University basketball game.

Recommendation: Approval of a City Event for use at the Compaq Center on December 29, 2001, for a San José State University vs. Fresno State University basketball game. (San José Arena Authority)

(Rules Committee referral 12/12/01)

* 2.32 Acceptance of the 2001 Public Art Workplan Third Quarter Report and Maintenance and Repair Report for Public Artworks.

Attachment to Public Art Workplan status report 

Recommendation: Acceptance of the 2001 Public Art Workplan Third Quarter Report and Maintenance and Repair Report for Public Artworks. (Conventions, Arts and Entertainment)

RENUMBERED FROM 5.5

* 2.33 Approval of various actions related to a Minor Amendment to the Airport Master Plan.

Recommendation: Adoption of a resolution:

(a) Approving a Minor Amendment to the adopted Airport Master Plan to terminate and remove the 94^th Aero Squadron Restaurant leasehold improvements prior to the 2004 expiration date of the existing lease and to reuse the site on an interim basis for a cement batch plant for the Runway 12R-30L reconstruction project.

(b) Authorizing the City Manager to exercise the City’s option to terminate the lease between the City and Specialty Restaurant Corporation (94^th Aero Squadron), by negotiating and executing a leasehold termination agreement with Specialty Restaurant Corporation, in an amount to be paid by the City not to exceed $100,000.

CEQA: Resolution No. 67380. (Airport)

(Rules Committee referral 12/12/01)

* 2.34 Approval of an agreement amendment for elevator and escalator maintenance at various City facilities.

Recommendation: Adoption of a resolution authorizing the Director of General Services to execute a third amendment to the agreement with Millar Elevator Service Company, to extend the agreement from December 1, 2001 to June 30, 2002, for elevator and escalator maintenance at various City facilities at a total cost not to exceed $85,000. (General Services)

(Rules Committee referral 12/12/01)

* 2.35 Approval of a consultant agreement for the Alviso Environmental Education Center Remediation Project.

Recommendation: Approval of a first amendment to the consultant agreement for the Alviso Environmental Education Center Remediation Project with URS Corporation, formerly known as "URS Greiner Woodward-Clyde International-Americas, Inc.," extending the term of the agreement from January 1, 2002 to June 30, 2003, at no additional cost to the City. Council District 4. (Public Works)

(Rules Committee referral 12/12/01)

* 2.36 Approval of legal services agreement amendments related to the development of the North Coyote Valley Industrial Campus Area.

Recommendation: Adoption of resolutions authorizing the City Attorney to negotiate and execute the following amendments to legal services agreements related to the development of the North Coyote Valley Industrial Campus Area, with all costs to be reimbursed to the City by the developer:

(a) A fourth amendment to the agreement with McCutchen, Doyle, Brown & Enersen, LLP, extending the term through June 30, 2002, and increasing compensation by $100,000, to a total amount not to exceed $500,000.

(b) A continuation agreement with Morrison & Foerster, LLP, extending the term through December 31, 2001, and increasing compensation by $8,500, to a total amount not to exceed $188,500.

(City Attorney’s Office)

(Rules Committee referral 12/12/01)

 

3 STRATEGIC SUPPORT SERVICES

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3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – December 5, 2001

Vice Mayor Shirakawa, Jr., Chair

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

(b) City Council

(1) Review December 18, 2001 Draft Agenda

(a) Additions

(2) Add New Items to December 11, 2001 Amended Agenda

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

(c) Education, Neighborhoods, Youth, and Seniors Committee

(d) Meeting Schedules

(e) The Public Record for the period November 21-27, 2001

(f) Boards, Commissions and Committees

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

(h) Administrative Reviews and Approval

(i) Oral communications

(j) Adjournment

* 3.2  Meeting of – December 12, 2001

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

(b) City Council

(1) Review December 25, 2001 Draft Agenda

DROP – Holiday Closure

(2) Add New Items to December 18, 2001 Amended Agenda

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

(c) Education, Neighborhoods, Youth, and Seniors Committee

(d) Meeting Schedules

(e) The Public Record

(f) Boards, Commissions and Committees

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

(h) Administrative Reviews and Approval

(1) 2001 Federal Legislative Summary

(2) 2001 State Legislative Summary

(i) Oral communications

(j) Adjournment

3.3 Report of the Finance and Infrastructure Committee

Council Member Dando, Chair

* 3.4 Certification of Council’s Policy Recommendations Report.

Recommendation:  

(a) Direction to the City Manager to undertake actions on the following top ten ranked Policy Recommendations, as detailed in the report:

(1) Construction Dispute Resolution Program

(2) School Traffic Calming

(3) Day Laborers

(4) Construction Impact Mitigation Ordinance

(5) Increased Garbage/Litter Clean-up

(6) Neighborhood Street Improvements

(7) Updated Parking Ratio Requirements

(8) Ordinance Change Notification

(9) Public Utility Reimbursements

(10) Business District Cleaning.

(b) Direction to the City Manager to undertake action on the Policy Recommendations that ranked 11 through 20 and that were assigned an Impact Assessment 1:

(1) Self Insurance Claims

(2) Home Value for Home Improvement Loans

(3) Increased Underground Wiring

(City Manager’s Office)

TO BE HEARD LAST

3.5 Approval of amendments to the agreement with the San José Police Officers' Association.

Recommendation: Adoption of a resolution approving the terms of an agreement with the San José Police Officers' Association amending the 2000-2003 Memorandum of Agreement and authorizing the City Manager to execute the agreement. (City Manager’s Office)

3.6 Direction to exempt domestic partners from the City’s Real Property Conveyance Tax.

Recommendation: Direction to the City Attorney to draft an ordinance to exempt domestic partners from the City’s Real Property Conveyance Tax using the same definition for domestic partners as the State Registry. (Finance)

* DROP

* 3.7 Approval of Council Appointee salary adjustments.

Recommendation: Adoption of a resolution approving Council Appointee salary adjustment recommendations. (Mayor)

(Rules Committee referral 12/12/01)

 

4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT

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4.1 Report of the Economic Development & Environment Committee – December 3, 2001

Council Member Williams, Chair

(a) Annual Report of the First Source Employment Program

(b) Report on Implementation Efforts of Green Building Policies

(c) Parkland Ordinances Fee Adjustment Report

(d) Monthly Status Report on Housing Production Team Action Items

(e) Quarterly Report on Activity in the Project Development Program

(f) Quarterly Report on Housing Rehabilitation Program

(g) Quarterly Report on the Housing and Homeless Fund

(h) Monthly Report on Affordable Housing Production

(i) Five Year Homeless Plan

(j) Oral petitions

(k) Adjournment

4.2 Discussion of reasonable accommodation policies and process of notification.

Recommendation: Staff presentation and discussion of reasonable accommodation policies and process of notification. (City Attorney’s Office)

[Economic Development & Environment Committee referral – Item 4.1(i)]

(Deferred from 11/20/01 – Item 4.4 and 12/4/01 – Item 4.3)

*  RECOMMEND DEFERRAL TO 1/22/02 TO BE HEARD IN THE EVENING 

4.3 Public Hearing and approval of various actions related to the Roberts Avenue Family Housing Development.

Recommendation: Public Hearing and adoption of a resolution:

(a) Approving a Disposition and Development Agreement (DDA) between the City of San José and Community Home Builders & Associates (CHBA), or its designated affiliate, for the acquisition and development of the Roberts Avenue Family Housing Development, a 100-unit family development on 3.42 acres of City-owned property, located at the northwest corner of Lucretia Avenue and Vintage Way.

(b) Approving business terms for an acquisition/predevelopment loan in an amount not to exceed $3,922,778, a construction loan of up to $7,184,002 (which includes the refinancing of an acquisition loan of $3,422,778 and a predevelopment loan of $500,000), and a permanent loan of up to $4,300,000.

(c) Authorizing the Director of Housing to negotiate and execute all necessary documents evidencing the subject DDA with CHBA, or its designee, including loans, deeds, and other related agreements on behalf of the City related to the housing development.

CEQA: ND. Council District 7. SNI: Tully/Senter. (Housing)

4.4 Approval to utilize ornamental fixtures when installing street light systems in Historic Districts and Conservation areas.

* Recommendation: Direction to staff to utilize ornamental fixtures when installing street light systems in Historic Districts and Conservation areas. CEQA: Exempt. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required. (Public Works/Planning, Building and Code Enforcement)

 

5 RECREATION & CULTURAL SERVICES

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

Council Member Chavez, Chair

5.2 Acceptance of the annual report on the branch library bond projects.

Recommendation: Acceptance of the annual status report on the branch library bond projects. (Citizen Oversight Committee for the Library Bond Projects)

5.3 Acceptance of the annual report on the Safe Neighborhood Parks and Recreation Bond Projects.

Recommendation: Acceptance of the first annual report regarding the implementation of the Safe Neighborhood Parks and Recreation Bond Projects. (Citizen Oversight Committee for the Parks and Recreation Bond Projects)

5.4 Approval to provide funding to implement an open space settlement agreement with the City of Morgan Hill.

Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund providing funding in the amount of $3.5 million to implement an open space settlement agreement with the City of Morgan Hill and the Morgan Hill Unified School District. (City Manager’s Office)

5.5 Acceptance of the 2001 Public Art Workplan Third Quarter Report and Maintenance and Repair Report for Public Artworks.

Attachment to Public Art Workplan status report 

Recommendation: Acceptance of the 2001 Public Art Workplan Third Quarter Report and Maintenance and Repair Report for Public Artworks. (Conventions, Arts and Entertainment)

* RENUMBERED – SEE ITEM 2.32 FOR COUNCIL ACTION TO BE TAKEN

5.6 Approval to award a contract for the Tuers-Capitol Golf Course Mitigation Project.

* Recommendation: Report on bids and award of contract for the Tuers-Capitol Golf Course Mitigation Project to the low bidder, Ecological Concerns Incorporated dba Central Coast Wilds, to include the base bid and Add Alternate No. 1 in an amount not to exceed $284,598.13, and approval of a contingency in the amount of $29,000.  Council District 7. (Public Works)

5.7 Approval to award a contract for the South Central Swim Center Project.

Recommendation:

(a) Report on bids and award of contract for the South Central Swim Center Project to the low bidder, West Bay Builders, Inc., to include the base bid and Add Alternate Nos. 1, 2, and 3 in the amount of $4,649,800, and approval of a contingency in the amount of $465,000. CEQA: Negative Declaration.

(b) Adoption of the following appropriation ordinance amendments:

(1) In Council District 7 Construction & Conveyance Tax Fund for the Parks, Recreation and Neighborhood Services Department:

(a) Increase the South Central Swim Center project by $170,000.

(b) Decrease the Ending Fund Balance by $170,000.

(2) In the Park Trust Fund for the Parks, Recreation and Neighborhood Services Department:

(a) Increase the South Central Swim Center project by $700,000.

(b) Decrease the Reserve: Future PDO/PIFO Projects by $700,000.

CEQA: ND. Council District 7. SNI: Santee. (Public Works/City Manager’s Office)

* 5.8 Approval to file various grant applications with the State related to local assistance funds, Guadalupe River Trail, and the Edenvale Garden Park.

Recommendation:

(a) (1) Adoption of a resolution approving the filing of an application for local assistance funds up to $5,942,000 from the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 as administered by the State Department of Parks and Recreation.

(2) Authorization for the City Manager to negotiate and execute all documents relating to the grant funding agreement.

Council Districts 1, 2, and 9. (Parks, Recreation and Neighborhood Services)

(b) (1) Adoption of a resolution approving the submittal of a grant application for funding up to $1.27 million from the State Resources Agency for the Guadalupe River Trail between Interstates 280 and 880.

(2) Adoption of a resolution approving the submittal of a grant application for funding up to $895,000 from the State Coastal Conservancy for the Guadalupe River Trail between Interstates 280 and 880.

(3) Authorization for the City Manager to negotiate and execute all documents relating to these grant funding agreements.

Council District 3. (Parks, Recreation and Neighborhood Services)

(c) (1) Adoption of a resolution to approve the submission of a grant application for $147,750 from the State Department of Parks and Recreation for the Edenvale Garden Park.

(2) Authorization for the City Manager to negotiate and execute all documents relating to the grant funding agreement.

Council District 2. (Parks, Recreation and Neighborhood Services)

(Rules Committee referral 12/12/01)

 

6 TRANSPORTATION SERVICES

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6.1 Approval of various actions related to the Managed Competition Pilot for Roadway Markings Services.

Recommendation:

(a) Acceptance of the second and third year evaluation of the performance of the Roadway Markings Service Team showing that service requirements were met in both years and a cost savings was achieved in year three of approximately $115,000;

(b) Approval of the five year exemption from managed competition for the Roadway Markings Services Team, due to successful completion of performance requirements during the term of the Service Resolution, as provided by Section 8A of the Service Resolution;

(c) Approval of a cost savings award of approximately $3,170 per full-time member and approximately $1,590 per part-time member of the Roadway Markings Team, for a total of approximately $46,000, 40% of total savings.

(City Manager’s Office)

6.2 Approval of an agreement for construction of public improvements on Communication Hill.

Recommendation: Approval of an agreement with KB Home South Bay, Inc., for construction of public improvements in connection with their development project on Communication Hill that provides for City reimbursement in an amount not to exceed $618,972 for construction of center-strip paving, a landscaped median island, and a new traffic signal. CEQA: Resolution No. 70194. Council District 7. (Public Works)

* 6.3 Approval to award a contract for the Improvement of Colleen Drive at Blossom Avenue.

Recommendation:

(a) Acceptance of the report on bids and the award of contract for the Improvement of Colleen Drive at Blossom Avenue, to the low bidder, Grade Tech, Inc., in the amount of $254,766.50, and approval of a contingency in the amount of $25,500.

(b) Adoption of the following appropriation ordinance amendments in the Construction Excise Tax Fund:

(1) Establish an appropriation to the Department of Public Works for the Colleen Drive Improvements project in the amount of $124,000.

(2) Decrease the estimate for Ending Fund Balance by $124,000.

CEQA: ND. Council Districts 2 and 10. (Public Works/City Manager’s Office)

(Rules Committee referral 12/12/01)

* 6.4 Approval to award a contract for Community Facilities District No. 6 (Great Oaks-Route 85).

Recommendation: Report on bids and award of contract for Community Facilities District No. 6 (Great Oaks-Route 85) to the lowest responsive bidder, McGuire and Hester, in the amount of $4,642,560, and approval of a contingency in the amount of $696,384. CEQA: Resolution No. 69699. Council District 2. (Public Works)

(Rules Committee referral 12/12/01)

 

7 ENVIRONMENTAL & UTILITY SERVICES

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8 AVIATION SERVICES

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9 PUBLIC SAFETY SERVICES

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9.1 Public Hearing on the 2001-2002 Weed Abatement Report.

* Recommendation: Adoption of a resolution

(a) Overruling any and all objections to the 2001-2002 Hazardous Vegetation Commencement Report (Report); and

(b) Directing the Office of the Santa Clara County Fire Marshal to abate the seasonal and/or recurrent public nuisances on those properties identified in the Report pursuant to Chapter 9.12 of Title 9 of the San Jose Municipal Code and the Weed Abatement Agreement between the City of San José and the County of Santa Clara.

 (Planning, Building, and Code Enforcement)

9.2 Approval to award a contract for the Fire Station No. 20 Improvements.

Recommendation: Report on bids and award of contract for the Fire Station No. 20 Improvements to the low bidder, Western Construction, Inc., in the amount of $532,852, and approval of a contingency in the amount of $90,000. CEQA: Exempt. Council District 3. (Public Works)

 

10 JOINT COUNCIL/REDEVELOPMENT AGENCY

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

* 10.1 Approval of a cooperation agreement for the loan of the Assistant Redevelopment Manager to the Agency.

Recommendation:

(a) The City Council adopt a resolution amending the City Pay Plan to add the position of Assistant Redevelopment Manager to the City Pay Plan in the same range as Deputy City Manager (U) (1686); and,

DROP

(b) The City Council approve a Cooperation Agreement between the City and the Agency for the loan of the Assistant City Manager to the Agency; and,

(c) The Agency Board approve a Cooperation Agreement between the City and the Agency for the loan of the Assistant City Manager to the Agency.

(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

Tract	Location	Council District	Developer	Lots/ Units	Type	Proposed Decision
9307	Northeasterly side of Monterey Road, n/o Rodling Drive	2	Bennie & Linda Schulman	8 units	Single-Family Detached	Approve
9395	E/S of US 101, eastern terminus of Coyote Creek Golf Drive	2	Castle and Cooke Corp	6 lots	Environmental Subdivision	Approve
9179	South side of Aborn Road, east of Altamara Ave	8	Shappell	90 units	Single-Family Attached	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:

None.

 

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

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

11.1 Public Hearing on a street renaming.

Recommendation: PUBLIC HEARING ON STREET RENAMING of a proposed frontage road running parallel to the east of State Highway 87, between the northerly line of West Hedding Street and southerly line of Coleman Avenue to Guadalupe Road. CEQA: Exempt.

District 3

(Continued from 12/4/01 – Item 11.1)

RECOMMEND CONTINUANCE TO 1/8/02

11.2 Public Hearing on planned development rezoning at Capitol Expressway and Vista Park Drive.

* Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Capitol Expressway and Vista Park Drive, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 355 single-family and multi-family attached residential units on 15 gross acres. (Capitol Vista Oaks LP, Owner; Pinn Brothers Fine Homes, Developer). CEQA: Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend denial (4-2-1).

PDC 01-02-028 - District 7

(Continued from 11/20/01 – Item 11.6 and 12/4/01 – Item 11.5)

11.3 Public Hearing on planned development rezoning at North First, Taylor, Miller, and Asbury Streets.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the block bounded by North First, Taylor, Miller, and Asbury Streets, from R-2 Residence and CG Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 400 attached residential units and 7,000 square feet of commercial uses on 2.8 gross acres. (Barry Swenson Builder, Owner/Developer). CEQA: Negative Declaration.

PDC 00-09-086 - District 3

(Continued 12/4/01 – Item 11.6)

RECOMMEND CONTINUANCE TO 1/22/02

11.4 Public Hearing on planned development rezoning at Capitol Expressway and Monterey Road.

Staff report on rezoning Capitol Expwy and Monterey Rd

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwesterly corner of Capitol Expressway and Monterey Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow construction of a 92,600 square-foot self storage facility and a 7,000 square-foot tire sales and installation facility at an existing flea market and movie theatre on 32.9 acres. (Sywest Development, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 01-05-058 - District 7

(Continued 12/4/01 – Item 11.11)

11.5 Public Hearing on planned development rezoning at Camden Avenue and Vista Loop.

Staff report on rezoning at Camden Avenue and Vista Loop

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Camden Avenue and Vista Loop, from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 5 single-family detached residences on 0.74 gross acre. (Mashom RLC c/o Omid Shakeri, Owner; The Ridgecrest Group, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0-1).

PDC 01-03-041 - District 9

11.6 Public Hearing on planned development rezoning at Foxworthy Avenue and Leigh Avenue.

Staff report on rezoning at Foxworthy Avenue and Leigh Avenue

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Foxworthy Avenue and Leigh Avenue, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow the conversion of a medical office complex to a special education school (Kindergarten through 12^th grade) for up to 140 students on 1.66 gross acres. (John Herringer, Owner; Second Start Schools, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 01-09-090 - District 9

11.7 Public Hearing on planned development rezoning at West Alma Avenue.

Staff report on rezoning at West Alma Avenue.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of West Alma Avenue, between Belmont Way and Minnesota Avenue, from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow a mixed use development with up to fourteen residential units and up to 10,700 square feet of gross commercial area on 1.16 gross acres. (Bob Vlahopouliotis, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 99-07-066 - District 6

11.8 Public Hearing on planned development rezoning at Almaden Avenue and Oak Street.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Almaden Avenue and Oak Street, from CN Neighborhood Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to four multi-family attached residential living units on 0.16 gross acre. (ASE Consulting Engineering, Inc., Owner; Luke Bollinger, Developer). CEQA: Exempt.

PDC 01-07-080 - District 3

RECOMMEND CONTINUANCE TO 1/22/02

11.9 Public Hearing on planned development rezoning at Fleming Avenue.

* Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Fleming Avenue opposite Warner Drive, from A-Agriculture Zoning District to A(PD) Planned Development Zoning District, to allow up to twelve (12) single-family two story houses on approximately 7.5 gross acres. (Touché Properties, Owner/Developer). CEQA: Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 00-12-126 - District 5

11.10 Public Hearing on planned development rezoning at McLaughlin Avenue.

* Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of McLaughlin Avenue, approximately 140 feet southerly of Story Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 130 affordable multi-family attached residential units on 1.84 gross acres. (Ashok Ramchandani, MD, Owner; 2100 Sandhill Development, Developer). CEQA: Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 01-09-089 - District 7

11.11 Public Hearing on planned development conforming rezoning at Magliocco Drive and Huff Avenue.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT CONFORMING REZONING of the property located at the northwestern corner of Magliocco Drive and Huff Avenue, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 50 single-family attached residential units on 0.79 gross acre. (Mark Migdal, Two Towers Group, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.

PDC 01-11-099 - District 6

 

Open Forum

Adjournment