SAN JOSE CITY COUNCIL

 

AMENDED AGENDA

 

APRIL 22, 2003

 

 

 

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 4)
* Narinderpal Singh of the Sikh Gurdwara of San José

·                   Pledge of Allegiance

·                   Orders of the Day

 

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

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

*          See New Item 1.3, Presentation of a proclamation declaring the month of April “Sexual Assault Awareness Month.

 

 

1     CEREMONIAL ITEMS


 

1.1       Presentation of plaques to Alexander Berger for 2 years 5 months service on the Youth Commission; to Marin Arreola for 4 years service on the Small Business Development Commission; to Chandrakant Ghantiwala for 2 years 9 months service on the Small Business Development Commission; and to Tim Wilson for 2 years 6 months service on the Downtown Parking Board.  (Mayor)

 

1.2       Presentation of a proclamation recognizing the Sikh Gurdwara of San José and the upcoming celebration of Vaisakhi Day on April 26, 2003.  (Reed)

            (Rules Committee referral 4/16/03)

 

1.3       Presentation of a proclamation declaring the month of April “Sexual Assault Awareness Month.”  (Dando)

            (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.

 

            Recommendation:  Approval of City Council Minutes for:

            (a)        Regular meeting of August 27, 2002

            (b)        Joint City Council/Redevelopment Agency Board meeting of August 27, 2002

 

2.2              Final adoption of ordinances.

 

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26866 – Amends Chapter 2.08 of Title 2 of the San José Municipal Code to repeal Part 18 and add a new Part 25 to reflect a change in the name of the Child Care Commission to the Early Care and Education Commission, and to increase the number of members of the Commission.

 

2.3              Approval to submit a grant application to the FAA for the In-Line Baggage Screening System for the proposed North Concourse at the Airport.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a grant from the Federal Aviation Administration to be used to defray the cost of design, procurement, and installation of the In-Line Baggage Screening System for the proposed North Concourse 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 03-03-095.  (Airport)

 

2.4              Approval to set public meetings related to the Downtown Business Improvement District.

 

            Recommendation:  Approval to:

            (a)        Set May 27, 2003 at 1:30 p.m. as the date and time for the public meeting to consider adoption of a resolution of intention to levy increased assessments in the Downtown Business Improvement District for Fiscal Year 2003-2004;

            (b)        Set June 17, 2003 at 1:30 p.m. as the date and time for the public hearing on the levy of increased assessments for FY 2003-04; and

            (c)        Direct the City Clerk to publish the required notice of the public meeting and public hearing.

            CEQA:  Exempt, PP02-05-123.  Council District 3.  SNI:  St. James, University, Josefa/Auzerais, Burbank/Del Monte.  (Economic Development)

 

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

 

            Recommendation:  Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #30, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.  (General Services)

 

2.6              Approval to grant a permanent easement to the Water District to improve an existing flood control levee.

 

*          Recommendation:  Adoption of a resolution authorizing the Director of General Services to negotiate and execute an agreement granting a Temporary Construction Easement (TCE) to the Santa Clara Valley Water District (SCVWD) over a portion of Plata Arroyo Park for the purpose of widening and improving the existing flood control levee and parkland improvements, and delegation of authority to the Director of General Services to execute all documents necessary to complete transfer of the easements.  CEQA:  Negative Declaration, PP03-04-017.  Council District 5.  (General Services)

 

2.7              Approval of various actions related to the Airport’s Jetbridge and Baggage Conveyor Maintenance.

 

            Recommendation:

            (a)        Report on RFQ and approval to reject all quotes on Jetbridge and Baggage Conveyor Maintenance.

            (b)        Adoption of a resolution authorizing the Director of General Services to execute an amendment to the agreement with Airport Group International (Glendale, CA), to continue to provide service for six months, for a total compensation not to exceed $300,000, so that the services can be brought in house.

            CEQA:  Resolution No. 67380, PP03-02-050.  (General Services)
* DROP

 

2.8              Approval of an agreement for a nitrogen gas pipeline near River Oaks and Montague Expressway.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to enter into a continuation agreement between the City of San José and Union Carbide Industrial Gases, Inc., as assumed by PraxAir, for a nitrogen gas pipeline near River Oaks and Montague Expressway in San José for ten (10) years. CEQA:  Not a project.  (General Services)

 

2.9              Approval of an agreement for elevator and escalator preventative maintenance.

 

            Recommendation:  Report on Request for Quotation (RFQ) and an approval of a one-year agreement with Schindler Elevator Corporation (San José, CA) for elevator and escalator preventative maintenance in municipal buildings, for an annual cost of $139,764, plus $20,000 for supplemental repairs, for a total compensation amount not to exceed $159,764 including taxes.  CEQA:  Not a project.  (General Services)

 

2.10          Approval to take necessary actions to ensure insurance brokerage services.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to take the necessary actions to replace Arthur J. Gallagher & Company, the City's insurance broker, with Willis Insurance Services of California, Inc. to provide insurance brokerage services through June 30, 2007.  CEQA:  Not a project. (Finance)

 

2.11          Approval to submit a grant application for the Weed and Seed Program.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to apply to the United States Department of Justice for Weed and Seed Program funding for the Washington neighborhood in an amount not to exceed $225,000, for the period October 1, 2003 through September 30, 2004, to accept the grant if awarded, and to execute all related documents.  CEQA:  Not a project.  Council District 3.  SNI:  Washington.  (Parks, Recreation and Neighborhood Services)

 

2.12          Approval to initiate proceedings and set a public hearing for the annexation of land located at the west side of Union Avenue approximately 80 feet northerly of Ronda Drive.

 

            Recommendation:  Adoption of a resolution initiating proceedings and setting May 20, 2003 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Parker No. 24, which involves the annexation to the City of San José of 0.47 gross acre, located at the west side of Union Avenue approximately 80 feet northerly of Ronda Drive, and the detachment of the same from the appropriate special districts including: Santa Clara County Lighting Service Area, Central Fire Protection District, County Service area –1 (County Library Service Area), and West Valley Sanitation.  CEQA:  Exempt.  Council District 9.  (Planning, Building and Code Enforcement)

 

2.13          Approval of an agreement for the Penitencia Creek Reach 2 Development
(Phase 1).

 

            Recommendation:  Approval of an agreement with Amphion Environmental, Inc. for design services for the Penitencia Creek Reach 2 Phase 1 Development, for a base fee in the amount of $118,300, additional services in the amount of $20,000, for a total agreement amount of $138,300, and an agreement term from the date of execution to December 31, 2005.  CEQA:  Not a project.  (Public Works)

 

2.14          Approval of an agreement for design services for the Thompson Creek Trail Master Plan.

 

            Recommendation:  Approval of an agreement with Dillingham Associates for design services for the Thompson Creek Trail Master Plan for a base fee in the amount of $252,000, additional services in the amount of $25,000, for a total agreement amount of $277,000, and an agreement term from the date of execution to January 31, 2005.  CEQA:  Not a project.  Council District 8.  (Public Works)

 

2.15          Approval to award a contract for the Airport’s Modular Parking Office Structure Project.

 

            Recommendation:  Report on bids and award of contract for the Norman Y. Mineta San José International Airport - Modular Parking Office Structure to the low bidder, Brandall Modular Corporation in the amount of $115,800, and approval of a contingency in the amount of $12,000.  CEQA:  Resolution No. 67380, PP02-05-106.  (Public Works)

 

2.16     Appointment of three members to the Independent Hearing Panel.

 

*          Recommendation: Approval of the appointment of three members to the Independent Hearing Panel, for solid waste enforcement and permitting, consisting of a technical expert, a member of the public, and a member of the City Council.  (Mayor)

            (Deferred from 4/15/03 - Item 2.10)

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – April 9, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review April 22, 2003 Draft Agenda

                        (2)        Add New Items to April 15, 2003 Amended Agenda

                        (3)        List of Reports Outstanding

            (c)        Legislative Update

                        (1)        State

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

            (g)        Council Referrals for Assignment to Administration or Council Appointee

            (h)        Administrative Reviews and Approval

                        (1)        Request from Vice Mayor Dando to use Council General funds to attend League of California Cities’ Transportation, Communications & Public Works Policy Committee meeting in Sacramento, CA, March 28, 2003

            (i)         Oral communications

            (j)         Adjournment

 

3.3              Report of the Making Government Work Better Committee – April 9, 2003

            Council Member Campos, Chair
   Summary

            (a)        Semi-Annual Recommendation Follow-up Report

            (b)        Update of Major Information Technology Projects & E-Government Due Diligence

            (c)        Review the scope of supervision for City Departments and Council Appointees

            (d)        Review the Effectiveness of Current City and RDA Community Outreach and Accessibility

            (e)        Single Audit Reports

            (f)         Memorandum on Internal Controls

            (g)        Call Center Handling of Service Requests Audit Report

            (h)        Santa Clara County Cities Association Audit Report

            (i)         Oral petitions

            (j)         Adjourment

 

 

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 10, 2003

            Council Member Yeager, Chair
Summary

            (a)        Update on Joint-Use Agreements with School Districts, including City/School Collaborative

            (b)        Report on Library’s Role in Helping Children Achieve

            (c)        Homework Centers Program Status Report

            (d)        Status on the Early Care and Education Master Plan, including efforts with the County Collaborative on Education

            (e)        Report on Traffic Safety in San José, including School Traffic Safety Program

            (f)         Oral petitions

            (g)        Adjournment

 

5.2              Approval to award a contract for the Edenvale Garden Park Project (Phases IV & V).

 

*            Recommendation:  Report on bids and award of contract for the Edenvale Garden Park Phases IV & V Rebid Project to the low bidder, Boulder Rock Landscape Construction, Inc., in the amount of $707,080, and approval of a contingency in the amount of $36,000. CEQA: Negative Declaration, PP90-03-078. (Public Works).

 

5.3       Approval of various actions related to Smart Start.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with: 

            (a)        WestEd Institute for Early Childhood Professional Development (Institute) in an amount not to exceed $300,000 for a portion of the costs of design, construction, and expansion to the GSR Academies; and

            (b)        San José Unified School District in an amount not to exceed $336,000 to purchase and install a modular building at Almaden Elementary School in San José;

            CEQA:  Exempt, PP03-04-124.  Council Districts 9 and 10.  (Parks, Recreation and Neighborhood Services)

            (Rules Committee referral 4/16/03)

 

5.4       Approval of various actions related to the Community Development Block Grant.

 

*            Recommendation:

            (a)        Approval of an extension of the funding term for one year, from June 30, 2003 to June 30, 2004 for MACSA Enrichment and Development Center (F88) - Mexican American Community Services Agency, Inc.

            (b)        Approval of an extension of the funding term for two years, from June 30, 2002 to June 30, 2004 for Goss Community Facility (G33) - Parks, Recreation and Neighborhood Services Department.

            CEQA:  : Exempt, PP03-04-125. Council District 5. (Parks, Recreation and Neighborhood Services)

           (Rules Committee referral 4/16/03)

 

 

6     TRANSPORTATION SERVICES


 

6.1              Report of the Building Better Transportation Committee – April 7, 2003

            Council Member Cortese, Chair
Summary

            (a)        Expansion and Improvement of Transit and Transportation Systems

                        (1)        Report and Discussion on the Construction Impact Mitigation Plan

            (b)        Traffic Relief/Safe Streets

                        (1)        Report on City’s Annual Transportation Report

                        (2)        Report and review of Traffic Calming Program Report

            (c)        Supporting Smart Growth

                        (1)        Report and Recommendations on Smart Growth/Transportation Impact Policy – Continued Business

            (d)        Regional Relationships/Funding/Policy

                        (1)        State, Federal, and Local Legislative Update

            (e)        Oral petitions

            (f)         Adjournment

 

 

7     ENVIRONMENTAL & UTILITY SERVICES


 

 

8     AVIATION SERVICES


 

8.2       Approval of various actions to amend an agreement for master architectural services at the Norman Y. Mineta San José International Airport.

 

            Change to read:

*          Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute the second amendment to the agreement with M. Arthur Gensler, Jr. & Associates (Gensler) for master architectural services, increasing compensation by $15,560,000, from $9,500,000, for a total agreement amount not to exceed $25,060,000, and extending the term of the agreement from July 4, 2003 to December 1, 2005.

            (b)        Adoption of the following appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund:

                        (1)        Increase the North Concourse Building appropriation in the amount of $7,800,000.

                        (2)        Increase the Central Plant Expansion appropriation in the amount of $400,000.

                        (3)        Increase the Baggage Screening Phase II appropriation in the amount of $500,000.

                        (4)        Increase the Checkpoint Terminal A appropriation in the amount of $500,000.

                        (5)        Increase the Checkpoint Terminal C appropriation in the amount of $500,000.

                        (6)        Increase the Gate A1-C Relocation appropriation in the amount of $200,000.

                        (7)        Increase the Elements of the Master Plan Studies appropriation in the amount of $270,000.

                        (8)        Decrease the Airport Security Improvement Reserve by $10,170,000.

            CEQA:  Resolution No. 67380, PP 03-03-085.  (Airport/City Manager’s Office)

            (Deferred from 4/15/03 – Item 8.2)

 

8.3       Approval of various actions related to Airport Capital Improvement staffing.

 

*          Recommendation:  Approval and authorization of twenty-two new positions within the Airport and Public Works Departments for planning, programming, and designing of the North Concourse facility.  CEQA:  Not a Project.  (Airport)

            (Rules Committee referral 4/16/03)

 

 

9     PUBLIC SAFETY SERVICES


 

 

10     JOINT COUNCIL/REDEVELOPMENT AGENCY


 

 

·                   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:

 

            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—To be heard jointly with Redevelopment Agency Public Discussion.

 

·                   Adjournment

 

 

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