SAN JOSE CITY COUNCIL

 

AMENDED AGENDA

 

MAY 11, 2004

 

 

 

LINDA J. LE ZOTTE

DISTRICT 1

 

KEN YEAGER

DISTRICT  6

FORREST WILLIAMS

DISTRICT 2

 

TERRY O. GREGORY

DISTRICT  7

CINDY CHAVEZ

DISTRICT 3

RON GONZALES  MAYOR

DAVID D. CORTESE

DISTRICT  8

CHUCK REED

DISTRICT 4

 

JUDY CHIRCO

DISTRICT  9

NORA CAMPOS

DISTRICT 5

 

PAT DANDO, VICE MAYOR

DISTRICT 10

 

 

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

 

·                   Invocation (District 5)

            Mary Parker-Eves, Pastor, Alum Rock United Methodist 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 1.2, Presentation of a proclamation declaring May 8-16, 2004 as National Tourism Week.

 

1     CEREMONIAL ITEMS


 

*1.1       Presentation of a commendation to Akihiko Namba and Eugene H. Sakai; Mr. Namba, an architect from Japan, created the conceptual design for the Japanese Friendship Garden Lower Gate; and Mr. Sakai, also an architect and member of the San José Arts Commission, assisted Mr. Namba in transforming his design into reality.  (Campos, Gregory)

 

*1.2       Presentation of a proclamation declaring May 8-16, 2004 as National Tourism Week in the City of San José.  (Mayor)

            (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. 27115.1 – Rezones certain real property situated on the northwest corner of Oakland Road and Rock Avenue to A(PD) Planned Development Zoning District.  PDC 03-068

 

            (b)        ORD. NO. 27129 – Amends Section 11.08.070 of Title 11 of the San José Municipal Code to authorize the Director of Transportation to regulate offstreet parking facilities owned, leased and/or operated by the City of San José, and amends Chapter 11.44 of Title 11 to add a new Section 11.44.045 to outline authority of the Director of Transportation to regulate offstreet parking facilities owned, leased and/or operated by the City of San José.

 

            (c)        ORD. NO. 27132 – Amends Section 4.46.050 of Chapter 4.46 and Section 4.47.040 of Chapter 4.47 of Title 4 of the San José Municipal Code to clarify the term “industrial use” for purposes of determining the rate of tax.

 

2.3              Approval of three cost recovery ordinances for airport security breach response, false emergency response, and code enforcement actions.

 

            Recommendation: 

            (a)        Approval of an ordinance adding Chapter 25.17 to Title 25 of the San José Municipal Code to authorize the recovery of the City’s emergency response costs for intentional security breaches at the Norman Y. Mineta San José International Airport;

            (b)        Approval of an ordinance adding Chapter 10.43 to Title 10 of the San José Municipal Code to provide for the recovery of false emergency response costs under specified circumstances; and

            (c)        Approval of an ordinance adding Section 1.08.016 to Chapter 1.08 of Title 1 of the San José Municipal Code to provide for the recovery of the costs of investigation and monitoring, and attorneys’ fees and costs in code enforcement actions.

            CEQA:  Not a Project.  (City Attorney's Office)

 

2.4              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 California Environmental Quality Act (CEQA), Welch Park Design Project; Great Oaks Skateboard Facility Project, Harliss Avenue Street Lighting Project, and the Sound Walls Noise Study Project, with a net impact to the fund of $173,200.

                        (2)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Welch Park Design Project, Great Oaks Skateboard Facility Project, Harliss Avenue Street Lighting Project, and the Sound Walls Noise Study Project.

                        CEQA:  California Environmental Quality Act (CEQA) Clearance:  Not a Project; Welch Park Design:  Not a Project, additional environmental review will be needed prior to award of contracts;  Great Oaks Skateboard Facility:  Exempt, PP03-09-273;  Harliss Avenue Street Lighting:  Not a Project, additional environmental review will be needed prior to award of contracts;  Sound Walls Noise Study:  Not a Project.  Council Districts 2, 3, 5, 7, and 8.  SNI:  K.O.N.A., Edenvale/Great Oaks, Washington, and Evergreen/680.  (City Manager’s Office)

            (b)        Adoption of various appropriation ordinance amendments in the services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund) for the Rincon Pump Station Project, the Santa Teresa Boulevard Median Island Project, Monterey Pedestrian Street Light Design Project, the Center for Performing Arts Improvements Project, Phelan Avenue Infrastructure Improvements Project, Story Road Median Island Improvements Project, Union and Foxworthy Avenues Improvement Project, the Fallon Statue Public Art Project, the Monterey/South First Street Tree Planting Project, The Alameda Sidewalk Replacement Projects (2 projects), Barberry Lane Sidewalk Project, the Children’s Discovery Museum Capital Improvement Projects, the Winchester Median Island Improvement Project, the San José Symphony Hall, the Monterey Pedestrian Lighting Project, and the Blight Abatement Project, resulting in a decrease to the fund in the amount of $1,121,926 which will be transferred to the Redevelopment Agency.  CEQA:  Not a Project.  (City Manager’s Office)

 

2.5              Adoption of a resolution authorizing the annexation of Evergreen No. 189.

 

            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as Evergreen No. 189, which involves the annexation to the City of San José of 2.11 acres of land, located at the east side of Ruby Avenue, approximately 250 feet northerly of Murillo Avenue and the detachment of the same from Santa Clara County Central Fire Protection, and Area No. 1 (Library Services) County Service.  CEQA:  Mitigated Negative Declaration, PDC02-047.  Council District 8.  (Planning, Building and Code Enforcement)

 

2.6              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 2003-2004 #20, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

 

2.7              Approval of actions related to elevator and escalator preventative maintenance at various City buildings.

 

            Recommendation:  Report on Request for Quotation and adoption of a resolution authorizing the Director of General Services to:

            (a)        Execute a one-year agreement with Schindler Elevator Corporation for elevator and escalator preventative maintenance at various City buildings for an annual cost not to exceed $166,500, which includes $30,000 for supplemental repairs.

            (b)        Execute four additional one-year options to renew without further Council action other than the appropriation of funds. 

            CEQA:  Not a Project.  (General Services)

 

2.8              Acceptance of donations from the San José Public Library Foundation.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to accept donations from the San José Public Library Foundation for Library purposes, in a total amount not to exceed $200,000, for the period beginning July 1, 2004 and ending June 30, 2005.  CEQA:  Not a Project.  (Library)

 

2.9              Approval to award a contract for the O’Donnell’s Gardens Park Project.

 

*          Recommendation:  Report on bids and award of contract for the O’Donnell’s Gardens Park Project to the low bidder, Jensen Corporation, in the amount of $564,888, and approval of a contingency in the amount of $28,000.  CEQA:  Exempt, PP02-08-208.  Council District 3.  SNI:  University.  (Public Works/Parks, Recreation and Neighborhood Services). PP02-04-084.

 

2.10          Approval to award a contract for the Floyd & Locust Street Park Project.

 

            Recommendation:  Report on bids and award of contract for the Floyd & Locust Street Park Project to the low bidder, Scapes, Inc., in the amount of $557,678, and approval of a contingency in the amount of $28,000.  CEQA:  Exempt, PP03-05-186.  Council District 3.  SNI:  Washington.  (Public Works/Parks, Recreation and Neighborhood Services)

 

2.11          Approval to amend an agreement for the New Civic Center Project.

 

            Recommendation:  Approval of an amendment to the consultant agreement with The Steinberg Group for design services for the New Civic Center Project, increasing the compensation by the amount of $33,000, for a total agreement amount not to exceed $1,432,680.  CEQA:  Civic Plaza Redevelopment Plan, Resolution No. 68905, PP98-03-072.  (Public Works)
Attachment A

 

2.12          Approval of a Cooperation Agreement for sidewalk improvements on Montague Expressway.

 

            Recommendation:  Approval of a Cooperation Agreement with the County of Santa Clara for sidewalk improvements on Montague Expressway, between Zanker Road and Plumeria Drive, in an amount not to exceed $200,000.  CEQA:  Negative Declaration, Montague Expressway Improvement Project adopted by the County of Santa Clara Board of Supervisors December 10, 2002.  Council District 4.  (Transportation)

 

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – April 28, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review May 11, 2004 Draft Agenda

                        (2)        Add New Items to May 4, 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

                                    (a)        High Speed Rail Project

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

            (h)        Oral communications

            (i)         Adjournment

  

*3.2       Report of the Rules Committee – May 5, 2004 (partial)

            Vice Mayor Dando, Chair

           

            (c)        Legislative Update

                        (1)        State

                                    (a)        Voting delegate for a special meeting of the League of California Cities General Assembly on May 13.

                        (2)        Federal

 

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

 

3.4              Adoption of a resolution in support of California's Law to Reduce Global Warming Pollution.

 

            Recommendation:  Adoption of a resolution in support of California's Law to Reduce Global Warming Pollution.  (LeZotte)

 

*3.5       Approval of actions related to the Convention Center and Cultural Facilities RFP.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to enter into exclusive negotiations for thirty (30) days with Team San Jose to manage and operate the Convention Center and Cultural Facilities for a five-year period, if negotiations are not successfully concluded at the end of the thirty (30) day period, authorize the City Manager to commence negotiations with Global Spectrum.  (City Manager's Office)

            (Rules Committee referral 5/5/04)

 

 

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 – April 26, 2004

            Council Member Williams, Chair
Summary

            (a)        Report on Air Service and Routes

*          (b)        Report on attracting amateur and professional sports to San José. RECOMMEND DEFERRAL TO 6/28/04

*          (c)        Report on the results of development process improvements. RECOMMEND DEFERRAL TO 5/24/04

            (d)        Oral petitions

            (e)        Adjournment

 

4.3       Report back and approval of staff’s recommendation of CDBG allocation to Fresh Lifelines for Youth, Inc.

 

*          Recommendation:  Report back and approval of staff’s recommendation of CDBG allocation to Fresh Lifelines for Youth, Inc. (FLY), in the amount of $40,006.  (Parks, Recreation and Neighborhood Services)

            (Referred from 5/4/04 – Item 4.4)
Supplemental 1
Supplemental 2
Supplemental Attachment A
Supplemental Attachment B

 

5     RECREATION & CULTURAL SERVICES


 

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

 

 

6     TRANSPORTATION SERVICES


 

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

  

*6.2       Approval of actions related to the Taxicab Service Model.

 

            Recommendation: 

            (a)        Approval to proceed with implementation of the proposed Taxicab Service Model with an implementation date of February 1, 2005.

            (b)        Adoption of a resolution authorizing the City Manager to execute an extension to the Airport Taxicab Concession Agreements with Yellow Checker Cab Company, Inc. and United Taxicab Corporation that expire on September 27, 2004 until January 31, 2005.

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

            [Building Better Transportation Committee referral 4/5/04 – Item 6.1(a)(1)]

            (Deferred from 5/4/04 – Item 6.2)

*            RECOMMEND DEFERRAL TO 5/18/04
Attachment A
Attachment B
Attachment C
Attachment D
Supplemental

 

7     ENVIRONMENTAL & UTILITY SERVICES


 

7.1              Approval to award a contract for the San Tomas Expressway Trunk Sanitary Sewer Rehabilitation Project (Phase II).

 

            Recommendation:  Report on bids and award of contract for the San Tomas Expressway Trunk Sanitary Sewer Rehabilitation Phase II Project to the low bidder, Insituform Technologies, Inc., in the amount of $2,678,493, and approval of a contingency in the amount of $268,000.  CEQA:  Exempt, PP02-10-277.  Council District 1.  (Public Works)

 

 

8     AVIATION SERVICES


  

8.1       Approval to award a contract for the North Concourse Building Site Preparation and Excavation Project (Package I) at the Airport.

 

*          Recommendation:  Approval to reject all bids for the Norman Y. Mineta San José International Airport North Concourse Building Site Preparation and Excavation (Package 1) Project and authorization for the Director of Public Works to readvertise and rebid the project.  CEQA:  Resolution Nos. 67380 and 71451, PP 04-03-092.  (Public Works/Airport)

            (Deferred from 5/4/04 – Item 8.1)
Attachment 1

 

9     PUBLIC SAFETY SERVICES


 

 

10     JOINT COUNCIL/REDEVELOPMENT AGENCY


 

 

 

·                   Closed Session Report

 

·                   Notice of City Engineer’s Pending Decision on Final Maps

 

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

 

            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.

·                   Adjournment

 

 

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