SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
APRIL
29, 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
1:30 p.m. - Regular Session, Council Chambers, City Hall
·
Invocation (District 4)
*Jewish
Family Service
*Isaac Goldstein, presenter in honor of Yom Ha Shoah (Holocaust
Remembrance Day)
· 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.
1.1 Presentation of a commendation to Mr. Richard Friberg for his outstanding contributions to education and his service at the Metropolitan Education District during his 33 year career. (Yeager)
*1.2 Presentation of a commendation to the Jewish Family Service for their contributions to the community. (Reed)
(Orders of the Day)
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.
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26872 – Rezones certain real property situated at the south side of West Virginia Street, approximately 200 feet westerly of Bird Avenue. PDC 02-087
(b) ORD. NO. 26873 – Rezones certain real property situated on the northeast corner of Rhodes Court and the Alameda. C 03-013
(c) ORD. NO. 26874 - Rezones certain real property situated on the southeasterly corner of Monterey Highway and Blossom Hill Road. PDC 02-085
(d) ORD. NO. 26875 - Rezones certain real property situated on the easterly side of US 101, northerly of Metcalf Road. PDC 03-012
Recommendation: Approval of an agreement with the County of Santa Clara for the conveyance of a property located at the easterly terminus of Gleason Avenue at San Tomas Aquino Parkway to the City of San José at no cost to the City, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction. CEQA: Exempt, PP02-02-018. Council District 1. SNI Area: Blackford. (Public Works)
(Deferred from 4/8/03 – Item 2.5)
Recommendation: Acceptance of the Office of the City Auditor’s Report on Sales and Business Tax Audit Results for the Quarter Ended December 31, 2002. (City Auditor)
Recommendation: Recommendation to name a park
located at Sonora and Forrestal Avenues “Rosemary Gardens Park.” (Parks and Recreation Commission/City Clerk)
*Council District 3.
Recommendation: Adoption of the following appropriation ordinance amendments in the General Fund to:
(a) Decrease Contingence Reserve by $500,000; and
(b) Increase Senior Staff home
loan appropriation by $500,000.
CEQA: Not a Project. (City Manager's Office)
Recommendation: Report on Request for Quotation and award for the installation of 436 trunk mounted mobile computers to Mobile Man Inc., (Santa Clara, CA) for a total cost of $147,001, and authorizing the Director of General Services to execute the service order. CEQA: Not a Project. (General Services)
Recommendation: Adoption of a resolution authorizing the City Clerk to execute a quitclaim deed conveying 600 sq. ft. of real property situated in the Town of Los Gatos at the convergence of Camino Del Cerro and Ross Creek to the Town of Los Gatos, for no compensation. CEQA: Not a Project. (General Services)
Recommendation: Adoption of a resolution authorizing the Director of General Services to execute a third amendment to the agreement with Helen Streck dba C&H Solutions (East Palo Alto, CA), to extend the term to June 30, 2003, for the Phases II and III of the Records and Information Management (RIM) Project. CEQA: Not a Project. (General Services)
Recommendation:
(a) Report on Request for Proposal (RFP) and adoption of a resolution authorizing the Director of General Services to execute an agreement with the Aztec/MCE Corporation Group for a one year period, from June 2, 2003 to June 1, 2004, at a total cost not to exceed $90,000, for the maintenance oversight of the HP Pavilion, the San José Ice Centre, the San José Repertory Theater, the Children's Discovery Museum, the Tech Museum of Innovation, and the Mexican Heritage Plaza, and
(b) Approval of three (3) additional one-year terms without further Council approval other than the appropriation of funding. CEQA: Not a Project.
(General Services)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the Cupertino School District in an amount not to exceed $318,000, for the purpose of designing and constructing athletic field improvements on the campus of Murdock Elementary School, contingent upon Council approval of the FY 2003-04 Parks and Community Facilities Capital Improvement Program, Council District 1 Parks Construction and Conveyance Fund, and direction to the City Manager to negotiate and execute the following action after the approval of the FY 2003-04 Parks and Community Facilities Capital Improvement Program. CEQA: Exempt, PP03-04-127. Council District 1. (Parks, Recreation and Neighborhood Service)
Recommendation: Approval of two appointments to the Downtown Parking Board (Mayor)
Recommendation: Adoption of a resolution
ordering the reorganization of territory designated as Bascom
No. 37 which involves the annexation to the City of San José
of 1.70 gross acres of land located at the southwest corner
of Forest Avenue and Circo Avenue,and the detachment of the
same from the West Valley Sanitation, County Lighting Service,
Central Fire Protection, Santa Clara Valley County Water, and
Area No. 01 (Library Services) County Service.
CEQA: EIR Resolution 65459. Council District 6. (Planning, Building, and Code
Enforcement)
Recommendation:
(a) Adoption of a resolution
to accept the 2002-03 California Law Enforcement Equipment Program
(CLEEP) Grant in the amount of $167,068,
and authorizing the City Manager to execute any related documents;
and
(b) Adoption of the following amendments to the Annual Appropriation Ordinance and Funding Sources Resolution in the General Fund for fiscal year 2002-03:
(1)
Establish a 2002-03 CLEEP grant appropriation to the
Police Department in the amount of
$167,068.
(2)
Increase the revenue from the State by $167,068.
CEQA: Not a Project. (Police/City Manager’s Office)
Recommendation:
(a) Adoption of a resolution to accept the State of California, Office of Traffic Safety (OTS) 2003-05 DUI grant in the amount of $154,000, and authorizing the City Manager to execute the related grant agreement; and
(b) Adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the General Fund (Fund 001) for fiscal year 2002-03:
(1) Establish an OTS 2003-05 DUI grant appropriation for the Police Department in the amount of $45,194; and
(2)
Increase Revenue from the State by $45,194.
CEQA: Not a Project (Police/City Manager’s Office)
Recommendation: Adoption of a resolution summarily vacating the 5-foot wide Public Service Easement lying on the westerly property line of 3550 Charter Park Drive. CEQA: Not a Project. Council District 7. (Public Works)
Recommendation: Report on bids and award
of contract for the River Glen Park New Restroom Building Project
to the low bidder, Boulder Rock Landscape Construction, Inc.,
in the amount of $158,400, and approval of a contingency in
the amount of $15,800. CEQA:
Exempt, PP02-12-365. Council District 6. (Public Works)
Recommendation:
(a) Report on bids and award of contract for Central Community Policing Center - Historical Renovation and Site Work Project to the low bidder, Tucker Construction, in the amount of $244,500 including the base bid and Add Alternate No. 1, and approval of a contingency in the amount of $24,500.
(b) Adoption of the following appropriation ordinance amendments in the Neighborhood Security Bond Fund:
(1) Increase the Central Community Policing Center Project by $75,000.
(2) Decrease the South San José Substation Project by $75,000.
CEQA: Exempt, HP02-023. Council District 4. (Public Works/City Manager's Office)
Recommendation: Approval of the first amendment
to the Master Agreement with Biggs Cardosa Associates, Inc.
for structural engineering services for various projects, increasing
compensation by $160,000, for a total agreement amount of $250,000,
and extending the term from July 1, 2003 to June 30, 2005.
CEQA: Not a project. (Public Works)
Recommendation:
(a) Report on bids and award of contract for the Buena Vista Park Project to the lowest responsive bidder, Beacon Construction, Inc., in the amount of $179,884, and approval of a contingency in the amount of $9,000.
(b) Adoption of the following appropriation ordinance amendments in the Council District 6 Construction and Conveyance Tax Fund:
(1) Increase the appropriation for the Buena Vista Park Development Project (Appn 4469) by $93,000, from $162,000 to $255,000;
(2) Decrease the Ending Fund Balance by $93,000.
CEQA: Exempt, PP02-08-208. Council
District: 6. SNI Area: Burbank/Del
Monte. (Public Works/City
Manager's Office)
Recommendation: Acceptance of the 2003 First Quarter San José Arena Authority Ticket Distribution Program Report. CEQA: Not a Project. (San José Arena Authority)
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review April 29, 2003 Draft Agenda
(2) Add New Items to April 22, 2003 Amended Agenda
(3) List of Reports Outstanding
(c) Legislative Update
(1) State
(2) Federal
(d) Meeting Schedules
(1) Approve modifications to the 2003-2004 Budget Study Session Schedule
(e) The Public Record
(f) Boards, Commissions and Committees
(1) Airport Curfew Monitoring Committee
(2) Recommendations from Parks and Recreation Commission on future planning of dog parks and dog areas
(3) Recommendations from Parks and Recreation Commission for changes to the Policy on Naming City Facilities
(g) Council Referrals for Assignment to Administration or Council Appointee
(1) Approval to acquire land for the development of a mini-park/streetscape at Gleason Avenue at San Tomas Aquino Parkway
(h) Administrative Reviews and Approval
(i) Oral communications
(j) Adjournment
Council
Member Campos, Chair
•Attachment Performance Summary
Recommendation: Approval of a report back from the City Clerk on the methodology for performance measures and overview targets. (Mayor)
(Deferred from 3/11/03 – Item 3.4 et al., and 4/15/03 – Item 3.4)
* Recommendation:
(a) Adoption of a resolution authorizing …
(b) It is recommended that Council take the following actions related to the renovation of the existing City Hall:
(1) Direction to the City Manager to establish a City Hall Renovation Construction Fund.
(2) Adoption of appropriation ordinance and funding sources resolution amendments with respect to the City Hall Renovation Construction Fund to:
(a) Establish a loan from the Sewage Treatment Plant Connection Fee Fund in the amount of $2,400,000.
(b) Establish a City Hall Renovation Project in the amount of $600,000.
(c) Establish an Ending Fund Balance in the amount of $1,800,000.
(3) Adoption of appropriation ordinance amendments in the Sewage Treatment Connection Fee Fund to:
(a) Establish a loan to the City Hall Renovation Construction Fund in the amount of $2,400,000.
(b) Decrease the Reserve for Treatment Plant Expansion by $2,400,000.
(4) Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement with The Steinberg Group for architectural services in connection with the City Hall Renovation Project and modifying the scope of services, increasing the maximum compensation by $150,000 to $398,000 and extending the term from March 31, 2003 to June 30, 2005.
CEQA: Exempt, PP03-04-130. (Public Works/Finance/City Manager's Office)
Council
Member Chavez, Chair
Council
Member Williams, Chair
Recommendation: Adoption of a resolution approving a change in the source of funding for a loan of up to $7,240,416 to ROEM Development Corporation, or its designated affiliate, from the Extremely Low-Income Housing Reserve Fund (ELI), to the 20% Low- and Moderate-Income Housing Fund, for the acquisition, construction, and permanent financing of the Cherryview Senior Apartments, a 126-unit senior rental development located at 5067 Almaden Expressway. CEQA: Negative Declaration, PDCSH-02-032. Council District 9. (Housing)
Recommendation: PUBLIC HEARING ON APPEAL of the Planning Director’s decision to approve a Tentative Condominium Map permit for a project located at the southeast corner of Miller and Asbury Streets on a 0.89 gross acre site in the A(PD) Planned Development Zoning District, to allow the consolidation of 6 parcels into one condominium lot for residential and commercial uses. (Green Valley Corp, Owner/Developer). CEQA: Mitigated Negative Declaration. (Planning, Building, and Code Enforcement)
PT 02-101 - District 3
* Recommendation:
(a) Adoption of a resolution:
(1) Approving certain business terms to guide negotiation of a potential development agreement that would facilitate the expansion of eBay, Inc.'s business operation by up to two million square feet at 2211 North First Street; and
(2) Directing staff to pursue with eBay, Inc. the possibility of rezoning its current headquarters' site at 2145 Hamilton to allow for better utilization of the site in conjunction with the light rail expansion.
CEQA: Exempt, PP03-04-131. Council Districts 4 and 6. (Economic Development)
(1) An assignment of the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions by and between the City of San José and Novell, Inc., dated December 20, 2002, to eBay for the property located on Orchard Parkway at Charcot Avenue; and, if necessary,
(2) A reimbursement agreement to reimburse the City for the costs, not to exceed $326,000, incurred if the City should need to recommence the process of preparing the necessary bond documents related to the financing of the acquisition of the property.
CEQA: Exempt, PP03-04-135.
(Attorney’s Office)
(Rules Committee referral 4/23/03)
Council
Member Yeager, Chair
Recommendation:
(a)
Adoption of a resolution
to increase fees in Fiscal Year 2002-2003 at Rancho del Pueblo
Golf Course as described in this staff report superseding
the fees approved by Resolution No. 68996, and authorizing the
City Manager to approve future fee increases at the facility
and to establish discount rates for groups and promotional packages
as described in the staff report; and,
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute a second amendment to the Operations and Maintenance Agreement extending the submission date to September 1, 2002 for the final audit for the period of March 1, 2000 through June 30, 2001, and extending the submission date to May 30, 2003, for the final audit for the period of July 1, 2001 through June 30, 2002.
*CEQA: Not a Project. (Parks, Recreation and Neighborhood Services) Council District 5.
* Recommendation: Adoption of a resolution authorizing the City Manager to submit a grant application in an amount not to exceed $500,000, to the National Park Service’s Land and Water Conservation Fund Program for the acquisition of land associated with the Willow Glen Spur Trail and to return to Council to accept the funds with an identified source of funding for the City’s required dollar-for-dollar match. CEQA: Exempt, PP02-12-370. Council District 6. (Parks, Recreation and Neighborhood Services)
Council
Member Cortese, Chair
Recommendation: Report on bids and award of contract for the FY 2002-03 Slurry Seal 2003 project to the low bidder, Graham Contractors, Inc. in the amount of $996,660, plus a 10% contingency in the amount of $99,666, for a total award amount not to exceed $1,096,326. CEQA: Exempt, PP03-04-104. (Transportation)
* Recommendation: Approval of the following actions to provide pavement maintenance along Capitol Avenue:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute cooperation agreements with the Santa Clara Valley Transportation Authority in an amount not to exceed $700,000; and
(b) Adoption of the following appropriation ordinance amendments in the Construction Excise Tax Fund:
(1) Increase the appropriation to the Department of Transportation for the "Street Maintenance: TCRP Project" by $700,000; and
(2) Reduce the Reserve for TCRP- Street Maintenance by $700,000.
CEQA: Exempt, PP01-03-061, PP03-03-076. (Transportation)
* Recommendation: Authorize the City Manager to conduct a study of San José Municipal Water System rates and forward rate recommendations to the 2004-05 budget process. CEQA: Not a Project. (City Manager’s Office)
(Referred
from 3/18/03 – Item 7.1 and deferred 4/1/03 – Item 7.4 and 4/15/03
– Item 7.1)
RECOMMEND DEFERRAL TO 5/6/03
Recommendation:
Report on bids and award of contract for the construction
project entitled, "San José/Santa Clara Water Pollution
Control Plant (Plant), FY 2002/2003 Capital Improvement Program;
East Primary Tanks Effluent Channel Repair Project," to
the low bidder, Anderson Pacific Engineering Construction, Inc.,
in the amount of $613,600;
and approval of a contingency in the amount of $92,000, for
a total not to exceed amount of $705,600.
CEQA: Exempt, PP01-03-052. (Environnemental Services)
*RECOMMEND DEFERRAL TO
5/6/03
* Recommendation:
(a) Adoption of a resolution amending the Master Parking Rate Resolution to extend the clean-air vehicle free parking pilot program at City parking facilities and on-street parking meters for an additional two years expiring on April 30, 2005, and expand the program to include free parking for all hybrid vehicles purchased through a licensed auto dealership in the City of San José, and authorizing the Director of Transportation to extend the program annually thereafter and extend to vehicles using other emerging alternative fuel technology.
(b) Approval of an ordinance authorizing the Director of Transportation to designate and enforce reserved parking spaces for Zero Emission Vehicles in both privately owned and City owned and/or operated parking facilities.
CEQA: Exempt, PP03-04-115. (Transportation)
Recommendation:
(2) Approval of a sixth amendment to the Ground Lease with San José Jet Center to expand its leasehold, extend the term from June 30, 2035 to 35 years from the possession date of the additional premises, with one 10-year option to extend, with the first year’s interim construction rent on the additional premises commencing at notice to proceed, in the amount of $100,419.74, and full rent on the additional premises commencing when the City has issued an Occupancy Permit at an annual rate of $401,678.97, subject to annual Consumer Price Index increases, and subject to increase by appraisal every five (5) years during the term of the lease.
* CEQA: Resolution No. 67380 and 71451, PP 03-04-107. (Airport) Planning Commission recommends approval (7-0-0).
(b) Approval of a ground lease with ACM Aviation, LLC (ACM) for the construction and operation of a new Fixed Base Operation on the southwest side of Norman Y. Mineta San José International Airport, for a 30 year term with one 10 year option, with the first year’s interim construction rent commencing at notice to proceed, in the amount of $86,339, and in the second year of construction in the amount of $172,679, and subsequent annual rents in the amount of $345,359, subject to annual Consumer Price Index increases, and subject to increase by appraisal every 5 years during the term of the lease. CEQA: Resolution No. 67380, PP 00-12-180. (Airport)
(Deferred from 4/1/03 – Item 2.3 and 4/15/03 – Item 2.3)
Recommendation: Approval of an award to purchase 160 Motorola Astro-Spectra W4 mobile radios and remote control cables from Motorola C & E, Inc. (San Mateo, CA) for a total cost not to exceed $454,030.39, including tax and delivery, and authorize the Director of General Services to execute the purchase order. CEQA: Not a Project. (General Services)
Recommendation:
(1) Approval of the proposed additions to the 2001-03 Spending Plan for the Supplemental Law Enforcement Services (SLES) Fund; and
(2) Adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the Supplemental Law Enforcement Services Fund (Fund 414) for fiscal year 2002-03:
(a) Increase the SLES 2001-03 Grant appropriation for the Police Department in the amount of $131,627; and
(b) Increase the Earned Revenue by $131,627.
(1) Approval of the proposed 2002-04 Spending Plan for the Supplemental Law Enforcement Services (SLES) Fund; and
(2) Adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the Supplemental Law Enforcement Services Fund (Fund 414) for fiscal year 2002-03:
(a)
Establish a SLES Grant 2002-04 appropriation for the
Police Department in the amount of $1,823,431; and
(b)
Increase the Earned Revenue by $1,823,431.
CEQA:
Not a Project. (Police/City
Manager’s Office)
* Recommendation: Approval of a first amendment to the 2002-03 Cooperation Agreement between the City of San José and the Redevelopment Agency of the City of San José for the Merged Area Redevelopment Project clarifying the Agency’s obligation to pay the actual amount of in lieu fees for affordable units under the Parkland Dedication Ordinance and that the obligation will carry over to next fiscal year. (Redevelopment Agency)
(Rules Committee referral 4/23/03)
· 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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