SAN JOSE CITY COUNCIL

AMENED AGENDA

APRIL 20, 2004

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

·                   Invocation (District 4) - Jeff Moore, Emmanuel Baptist Church

·                   Pledge of Allegiance

·                   Orders of the Day

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

            Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.

*          See New Item 1.4, Presentation of a proclamation in honor of “Jeans to Work Day.”

*          See New Item 5.3, Approval to award a contract for the Almaden Community Center and Branch Library.

1     CEREMONIAL ITEMS

1.1       Presentation of a proclamation declaring April 2004 as Earthquake Preparedness Month in San José.  (Emergency Services)

1.2  Presentation of a commendation to the NAACP, Rick Callender, President, in honor of the 50th Anniversary of "Brown vs. Board of Education," the 1954 landmark case led by Thurgood Marshall who later became the first African-American member of the Supreme Court.  (Reed)

*1.3       Presentation of a proclamation declaring April as National Volunteer Month in San José.  (Dando; Mayor)

            (Rules Committee referral 4/14/04)

            TO BE HEARD IN THE EVENING

*1.4       Presentation of a proclamation in honor of “Jeans to Work Day.”  (Chavez)

            (Orders of the Day)

2     CONSENT CALENDAR

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

2.1              Approval of Minutes.

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 27113 – Amends Chapter 13.48 of Title 13 of the San José Municipal Code by adding a new Part 5 to establish a process for designating Conservation Areas.

            (b)        ORD. NO. 27114 – Rezones certain real property situated on the south side of The Alameda, approximately 90 feet westerly of Newhall Street (2115 The Alameda).  C 04-015

            (c)        ORD. NO. 27115 - Rezones certain real property situated on the east side of San Felipe Road, 450 feet southerly of Aborn Road (3320 San Felipe Road) to R-1-5 Residence Zoning District.  C 04-021

2.3              Approval to apply for the 2004 Urban Area Security Initiative Grant Program.

*          Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to submit a grant application to the United State Department of Homeland Security; and negotiate and execute the grant, if awarded, in an amount not to exceed $9.9 million.

            (b)        Adoption of a resolution authorizing the Assistant City Manager, the Director of the Office of Emergency Services, or an Assistant to the City Manger to execute any documents required for the purpose of obtaining federal financial assistance provided for under the grant award as reimbursement for UASI Program expenditures.

2.4              Approval of a contract change for the Airport Remote Transmitter Receiver Project.

*          Recommendation:

            (a)        Approval of Contract Change Order No. 1 with GSE Construction, Inc., for the Norman Y. Mineta San José International Airport-Remote Transmitter Receiver Project, in the amount of $160,000, for a total contract amount of $1,804,400, and approval to increase the project contingency from $164,000 to $324,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Airport Renewal and Replacement Fund:

                        (1)        Increase the Remote Transmitter Receiver Relocation appropriation by $160,000.

                        (2)        Decrease the Airline Ticket Counter Space appropriation by $160,000.

            CEQA:  Resolution Nos. 67380 and 71451, PP04-04-107.  (Public Works/Airport/City Manager’s Office)

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

            Recommendation:  

            (a)        (1)        Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Fuller Avenue Park Project (PSM 356) with a net impact to the fund of $100,000.

                        (2)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Fuller Avenue Park Project, as more specifically described in the memorandum from the Redevelopment Agency dated March 15, 2004.

                        CEQA:  Exempt, PP04-03-089.  Council District 6.  SNI:  Greater Gardner.  (City Manager’s Office)

            (b)        (1)        Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Spartan Keyes Traffic Calming Project (PSM 350), the Spartan Keyes Noise Study Project (PSM 351), and the Blackford Tree Replacement Project (PSM 347), with a net impact to the fund of $31,500.

                        (2)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Spartan Keyes Traffic Calming Project, the Spartan Keyes Noise Study Project, and the Blackford Tree Replacement Project, as more specifically described in the memorandum from the Redevelopment Agency dated March 8, 2004.

                        CEQA:  Not a Project.  Council Districts 1 and 3.  SNI:  Blackford, Spartan/Keyes.  (City Manager’s Office)

2.6              Approval to revise the form Facility Use Agreement used by the Convention Center and Cultural Facilities. 

            Recommendation:  Adoption of a resolution approving a revision to the form Facility Use Agreement between Convention & Cultural Facilities (CCF) clients and the City to add a mutual indemnification clause.  CEQA:  Not a Project.  Council District 3.  (Conventions, Arts and Entertainment)

2.7              Approval of actions for developing Community Safety Protocols.

*          Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund in the amount of $46,882, for developing Community Safety Protocols.  CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services/City Manager’s Office). RECOMMEND DEFERRAL TO 4/27/04

2.8              Approval to accept a grant for after school programs and youth center sites.

            Recommendation:  Adoption of a resolution authorizing the City Manager to accept a grant from 3Com Corporation valued by 3Com at $100,000, and to execute all necessary documents to provide equipment and assistance to after school programs and youth center sites.  CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services/Information Technology)
Attachment A

2.9       Approval of an agreement with Community Foundation of Silicon Valley.

*            Recommendation: Adoption of a resolution authorizing the City Manager to execute an amendment to the agreement with the Community Foundation of Silicon Valley for revised grant guidelines for the University Neighborhoods Coalition.  CEQA:  Not a Project.  Council District 3.  SNI:  University.  (Parks, Recreation and Neighborhood Services)

            (Rules Committee referral 4/14/04)

Attachment

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – April 7, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review April 20, 2004 Draft Agenda

                        (2)        Add New Items to April 13, 2004 Amended Agenda

·        Mayor and Council Member Requests

·        City Manager Requests

·        City Attorney Requests

·        City Clerk Requests

                        (3)        List of Reports Outstanding

            (c)        Legislative Update

                        (1)        State

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Results of outreach and negotiation for “Evergreen Specific Plan Construction Tax, Building and Structures Tax, and Residential Construction Tax Fee Suspension/Exemption Renewal”

                        (2)        Approval to add an audit of the Family Camp Program to the City Auditor’s FY 2004-05 work plan

                        (3)        Request for workload assessment for high rise safety regulation review

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee

            Council Member Chavez, Chair

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee – April 8, 2004

            Council Member Yeager, Chair

            (a)        Civic Center Childcare Update

            (b)        Update on Schools/City Collaborative Joint Use Agreements – Discussion on how we can better work with schools

            (c)        Discussion on Gang Prevention and Intervention Programs

            (d)        San José After School Implementation Update and Discussion of Priorities for Youth Programs

            (e)        Oral petitions

            (f)         Adjournment
*  RECOMMEND DEFERRAL TO 4/27/04

5.2              Approval to name the new branch library on Tully Road the “Tully-New Saigon Branch Library. 

            Recommendation:  Approval to name the new branch library currently being constructed on Tully Road the “Tully-New Saigon Branch Library.”  CEQA:  Not a Project.  Council District 7.  (Library/Library Commission)

            TO BE HEARD IN THE EVENING
Attachment A
Memo from Mayor & Councilmember Gregory

5.3       Approval to award a contract for the Almaden Community Center and Branch Library.

*            Recommendation:  Adoption of a resolution authorizing the City Manager to award a contract for the construction of the Almaden Community Center and Branch Library Project to the apparent low bidder, West Bay Builders, Inc., to include the base bid and Add Alternate No. 2 in the amount of $17,564,000, and approval of a contingency in the amount of $1,757,000, if certain conditions do not occur.  CEQA:  Mitigated Negative Declaration, PP02-10-309.  Council District 10.  (Public Works/Library/Parks, Recreation and Neighborhood Services)

            (Orders of the Day)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee – April 5, 2004

            Council Member Cortese, Chair

            (a)        Expansion and Improvement of Transit and Transportation Systems

                        (1)        Taxicab Service Model Report

                        (2)        Report on Bay Area Rapid Transit (BART) Environmental Analysis

            (b)        Traffic Relief/Safe Streets

                        (1)        Traffic Calming Program and Public Education Campaign “Street Smarts”

                        (2)        Business District Streetscape Implementation and Maintenance Report

                        (3)        Annual Street Maintenance Report

            (c)        Supporting Smart Growth

                        (1)        No items

            (d)        Regional Relationships/Funding/Policy

                        (1)        Update on the Santa Clara Valley Transportation Authority  (VTA), Valley Transportation Plan (VTP) 2030

            (e)        Oral petitions

            (f)         Adjournment

            DEFERRED TO 5/4/04

            (Rules Committee referral 4/7/04)

7     ENVIRONMENTAL & UTILITY SERVICES

8     AVIATION SERVICES

*8.1              Approval to amend and an agreement for the Runway 30 Left Reconstruction Project at the Airport.

            Recommendation:  Approval of the third amendment to the agreement with Kimley-Horn and Associates, Inc. for the Norman Y. Mineta San José International Airport – Runway 30 Left Reconstruction Project increasing the compensation by $600,000, for a total agreement amount not to exceed $5,940,000, and extending the term from June 30, 2004 to December 31, 2005.  CEQA:  Resolution Nos. 67380 and 71451, PP04-03-086.  (Public Works/Airport)

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

*10.1     Approval to award a contract for the Plata Arroyo Park Skate Facility Project.

            Recommendation:

            (a)        (1)        Acceptance of the report on bids and award a contract for the Plata Arroyo Park Skate Facility Project to the lowest responsive bidder, Robert A. Bothman, Inc., to include the base bid in the amount of $382,361, Add Alternate No. 3 in the amount of $17,400, and a 10% contingency allocation in the amount of $38,000.

                        (2)        Adoption of an appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund):

                                    (a)        Establishing an appropriation to the Department of Parks, Recreation and Neighborhood Services for Plata Arroyo Park Skate Facility Project (PSM 366) in the amount of $94,300; and

                                    (b)        Increasing the estimate for Earned Revenue by $94,300.

                        (3)        Adoption of a resolution making certain determinations regarding the expenditure of Redevelopment Agency funds on certain public improvements in connection with the Plata Arroyo Park Skate Facility Project.

            (b)        Adoption of a resolution by the Agency Board making certain determinations regarding the Plata Arroyo Park Improvements Project’s benefit to the Strong Neighborhoods Initiative Project Area.

            CEQA:  Exempt, PP03-08-251.   Council District 5.  SNI:  Gateway East.  (City Manager's Office/Redevelopment Agency)

            (Deferred from 4/6/04 – Item 2.16 and 4/13/04 – Item 2.11)

·                   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 planned development rezoning of the property located at 1629 Alum Rock Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Alum Rock Avenue, approximately 200 feet southwesterly of 34^th Street (1629 Alum Rock Avenue), from R-2 Two-Family Residence Zoning District and CG Commercial General Zoning District to A(PD) Planned Development Zoning District, to allow a radio station use on a 0.33 gross acre site.  (Dolores M. Viera and S. Batista, Owner).  CEQA:  Exempt.   SNI:  Five Wounds/Brookwood Terrace.

            PDC 03-090 - District 5

            (Continued from 3/16/04 – Item 11.10 and 4/6/04 – Item 11.1)

            RECOMMEND CONTINUANCE TO 5/18/04

11.2          Public Hearing on conforming prezoning of the property located at 51 Pala Avenue.

*          Recommendation:  PUBLIC HEARING ON CONFORMING PREZONING of the property located on the west side of Pala Avenue, approximately 60 feet northeasterly of Avenue A (51 Pala Avenue), from Unincorporated County to R-1-8 Residence Zoning District, to allow residential use on a 0.14 gross acre site.  (Fernando E. Po, Owner).  CEQA:  Exempt.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 03-081 - District 5
CEQA:  Reuse of the San José 2020 General Plan Resolution No. 65459.  C03-081

11.3          Public Hearing on conforming prezoning of the property located at Summit and Kirk Avenues.

 *         Recommendation:  PUBLIC HEARING ON CONFORMING PREZONING of the property located at the south side of Summit Avenue, approximately 140 feet easterly of Kirk Avenue, from County to R-1-8 Residence Zoning District to allow single-family residential use on a 0.11 gross acre site.  (Antonio Carrillo, Owner).  CEQA:  Exempt.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 03-095 - District 5

 CEQA:  Reuse of the San José 2020 General Plan Resolution No. 65459.  C03-095

·                   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:

            None.

            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

·                   Adjournment- This meeting is adjourned in memory of Mike Eaton, a long-time, dedicated City of San José employee in the Housing Department, husband of Kathy Eaton, a teacher in the Oak Grove School District, and father to Kevin and Chris Eaton.