SAN JOSE CITY COUNCIL

AMENDED AGENDA

MAY 13, 2003

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)

·                   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 10.1, Approval of an agreement relating to contribution of funds and naming rights regarding the 4th and San Fernando Garage.

1     CEREMONIAL ITEMS

1.1       Presentation of a commendation to City of San José Employees for the 2002 Food Drive.  (City Manager’s Office)

1.2       Presentation of a proclamation declaring the week of May 18-24, 2003, Public Works Week.  (Public Works)

1.3       Presentation of plaque to Helen Richardson-Davis for 2 years 8 months service on the Senior Citizens Commission.  (Mayor)

*1.4       Presentation of a commendation to the Youth Anti-Tobacco Collaborative.  (Campos)

            (Deferred from 5/6/03 – Item 1.8)

            RECOMMEND DEFERRAL TO 5/20/03 TO BE HEARD IN THE EVENING

1.5       Presentation of commendations to Mexican Heritage Plaza, the English Department of Santa Clara University, and Heyday Books.  (Campos)

            (Rules Committee referral 5/7/03)

 *          RECOMMEND DEFERRAL TO 5/27/03

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 September 10, 2002

            (b)        Joint City Council/Redevelopment Agency Board meeting of September 10, 2002

*          (c)        Regular meeting of September 17, 2002

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26886 – Amends Chapter 11.36 of Title 11 of the San José Municipal Code to add a new Part 3 that authorizes the Director of Transportation to reserve parking spaces for zero emission vehicles in City-owned or operated off-street parking facilities.

2.3              Approval of an agreement related to artwork for the Tully Road Branch Library.

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement between the City of San José and artist Cliff Garten to fabricate and install an artwork for the Tully Road Branch Library, in an amount not to exceed $137,484.  CEQA:  Exempt, PP03-03-086.  Council District 7.  (Conventions, Arts and Entertainment)

2.4              Approval of an agreement with the VTA related to maintaining litter modules.

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement between the City of San José and the Valley Transportation Authority (VTA) for the collection and maintenance of civic litter modules, beginning July 1, 2003 through June 30, 2004, in an amount not to exceed $189,993.  CEQA:  Exempt, PP03-04-140.  (Environmental Services)

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 #31, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See report.  (General Services)

2.6              Approval to purchase standardized tank components for the Water Pollution Control Plant.

            Recommendation:  Approval of an award for a sole source purchase of eighty flight and related hardware for the East Primary tanks to U.S Filter/Envirex (Pleasanton, CA), for a total cost of $106,647.90, including tax and delivery, and authorize the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)

2.7              Approval of the multifamily housing underwriting eligible list related to the issuance of multifamily housing revenue bonds by the City of San José. 

            Recommendation:  Approval of the multifamily housing underwriting eligible list to be used for the selection of investment banking firms for the period April 14, 2003 to December 31, 2004, to provide investment banking, underwriting, and remarketing services related to the issuance of multifamily housing revenue bonds by the City of San José.  CEQA:  Not a Project.  (Finance/Housing)

2.8              Approval of various actions related to the Healthy Neighborhoods Venture Fund.

            Recommendation:

            (a)        Approval of the extension of the funding term for six months, from June 30, 2003 to December 31, 2003, for the San José School Health Center Expansion

                        (EH003) - The Health Trust.

            (b)        Approval of the extension of the funding term for one year, from December 31, 2002 to December 31, 2003, for the San José Facility Expansion (SH003) - Easter Seals Bay Area. 

            CEQA:  Exempt, PP03-04-126.  Council District 8.  SNI:  KONA.  (Parks, Recreation and Neighborhood Services)

2.9              Approval of an agreement related to structural engineering services for various City projects.

            Recommendation:  Approval of a first amendment to the master agreement with Ahearn, Knox & Hyde, Inc. for structural engineering services for various projects, increasing compensation by $160,000, for a total contract amount of $250,000, and extending the contract term from July 1, 2003 to June 30, 2005.  CEQA:  Not a Project.  (Public Works)

2.10          Approval of various actions related to the Tully Road Ball Field Development.

            Recommendation:  Approval of a contingency budget increase for the Tully Road Ball Field Development (Phase I) Project in the amount of $8,746, for a total contingency budget of $72,746, without any increase in the total project budget.  CEQA:  Mitigated Negative Declaration, PP02-04-080.  Council District 7.  (Public Works)

2.11          Approval of an agreement related to the San José Light Rail Transit Signal Re-Timing Project.

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a consultant agreement with DKS Associates for support services to implement the San José Light Rail Transit Signal Re-Timing Project for an amount not to exceed $250,000, from the period of execution through December 31, 2004.  CEQA:  Exempt, PP02-11-356.  Council Districts 2 and 3.  SNI:  University, 13th Street, and St. James Square.  (Transportation)

2.12          Approval of an agreement with the Santa Clara Valley Water District.

            Recommendation:  Approval of a cooperative agreement with the Santa Clara Valley Water District for the Willow Glen Way Bridge Replacement Project at the Guadalupe River, using Federal Highway Bridge Rehabilitation and Replacement grant funds in the amount of $1,500,000, and City Traffic Capital funds in the amount of  $142,000.  CEQA:  Negative Declaration, PP98-01-012.  Council District 6.  (Transportation)

2.13     Approval to amend an agreement related to the banquet facility.

         Recommendation:  Approval of the amended and restated Banquet Facility Agreement with the Rotary Club of San José for use of the banquet facility at the parking garage located at 44 South Fourth Street for no more than 50 Wednesdays and four optional events each year for 35 years. CEQA:  Exempt, PP03-04-129.  Council District 3.  SNI:  University.  (Conventions, Arts and Entertainment)

            (Deferred from 5/6/03 – Item 2.5)

 *          TO BE HEARD WITH ITEM 10.1

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – April 30, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review May 13, 2003 Draft Agenda

                        (2)        Add New Items to May 6, 2003 Amended Agenda

                        (3)        List of Reports Outstanding

            (c)        Legislative Update

                        (1)        State

                                    (a)        Accept State Legislative Bill Matrix and Bill Status Report

                                    AB910 (Diaz) Relating to Hospital Community Responsibility

                                    (b)        Voting Delegate for a Special Meeting of the League of California Cities General Assembly on May 15th

                        (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

            (i)         Oral communications

            (j)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4       Adoption of a resolution in support of Justice for Janitors.

*          Recommendation:  Adoption of a resolution in support of Justice for Janitors.  (Campos)

            (Rules Committee referral 5/7/03)

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 28, 2003

            Council Member Williams, Chair
Executive Summary - DRIVING A STRONG ECONOMY COMMITTEE

            (a)        Ordinance Amending Signage Regulations in Residential Areas

                        SEE ITEM 4.4 FOR COUNCIL ACTION TO BE TAKEN

            (b)        Discussion on items PBCE is implementing in the Zucker Implementation Study

            (c)        Review and discussion of housing production in San José

            (d)        Policy discussion on sale of food and alcohol at gas stations
               SEE ITEM 4.5 FOR COUNCIL ACTION TO BE TAKEN

            (e)        Convention Center Recovery Strategy

            (f)         Oral petitions

            (g)        Adjournment

4.3              Public Hearing on final cancellation of land conservation contract for property located on the northeast corner of Fleming Avenue and Warner Drive.

            Recommendation:  PUBLIC HEARING ON PETITION FOR FINAL CANCELLATION OF LAND CONSERVATION CONTRACT (Williamson Act), for property consisting of 3.5 acres located on the northeast corner of Fleming Avenue and Warner Drive and authorization for the City Clerk to execute a Certificate of Final Partial Cancellation and directing the City Clerk to record the certificate with the County Recorder.  (Rolando Loera, Owner).  CEQA:  Negative Declaration, PDC00-126.  (Planning, Building and Code Enforcement)

            Contract No. 71-234 - District 5

* RECOMMEND DEFERRAL TO 5/20/03

4.4              Approval of an ordinance related to the Sign Code.

*          Caption and Recommendation:  Discussion of and approval of an approval of an ordinance amending Title 23, the Sign Code, of the San José Municipal Code as it pertains to signage on residential parcels in all residential, agriculture, and open space zoning districts.  CEQA:  Exempt, PP02-09-260.  (Planning, Building and Code Enforcement)

            [Driving a Strong Economy Committee referral 4/28/03 – Item 4.2(a)]

* RECOMMEND DEFERRAL TO 5/20/03

4.5       Discussion on the concurrent sale of food and alcohol at gasoline service stations. 

*          Recommendation:  Discussion on the concurrent sale of food and alcohol at gasoline service stations.  CEQA:  Not a Project.  (Planning, Building and Code Enforcement)

            [Driving a Strong Economy Committee referral 4/28/03 – Item 4.2(d)]

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

5.2              Acceptance of the 2003 Public Art Workplan, First Quarter Report, and the Three-Year Plan for Conservation and Maintenance of the City’s Public Art Collection. 

            Recommendation:  Acceptance of the 2003 Public Art Workplan, First Quarter Report, and the Three-Year Plan for Conservation and Maintenance of the City’s Public Art Collection.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment).

5.3              Approval of various actions related to the Evergreen Branch Library Project.

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with STUDIOS Architecture for consultant services including project design, preparation of construction documents, and construction administration services for the Evergreen Branch Library Project, for an agreement term from June 1, 2003 to September, 2006, in the amount of $810,000.  CEQA:  Exempt, PP03-04-132.  Council District 8.  (Public Works)

5.4              Approval of various actions related to the Hillview Branch Library Project.

*            Recommendation:

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with AEDIS Architecture and Planning of San José for consultant services including project design, preparation of construction documents, and construction administration services for the Hillview Branch Library Project and the relocated running track, for an agreement term from June 1, 2003 to January 31, 2007, in the amount of $798,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Library Bond Projects Fund: 

                        (1)        Increase the Hillview Branch Library Project by $1,008,000.

                        (2)        Decrease the Ending Fund Balance by $1,008,000.

            CEQA:  Exempt, PP03-04-133.  Council District 5.  SNI:  East Valley/680 Communities.  (Public Works/City Manager's Office)

5.5       Approval to award a contract for the Le Fevre Residence and Barn Rehabilitation Project.

*            Recommendation:  Report on bids and award of contract for the Le Fevre Residence and Barn Rehabilitation Project to the low bidder, Tinney Construction Corporation, to include the base bid and Add Alternates Nos. 1, 3, 4, 5 and 6 in the amount of $1,020,880, and approval of a contingency in the amount of $153,132.  CEQA:  Exempt, PP02-04-091.  Council District 5.  (Public Works)

            (Rules Committee referral 5/7/03)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Presentation on the status of the Salt Pond Acquisition and Restoration Process.

            Recommendation:  Acceptance of a presentation from the U.S. Fish and Wildlife Service on the status of the State and Federal Acquisition and Restoration Process in the South Bay.  CEQA:  Not a Project.  Council District 4.  (Environmental Services)

7.2              Approval to award a contract for the Trimble-Morrill Sanitary Sewer Rehabilitation Project, Phase II.

            Recommendation:  Report on bids and award of contract for the Trimble-Morrill Sanitary Sewer Rehabilitation Phase II Project to the low bidder, Gelco Services, Inc. in the amount of $845,760, and approval of a contingency in the amount of $85,000.  CEQA:  Exempt, PP02-11-345.  Council District 4.  (Public Works)

7.3       Approval of various actions related to Integrating Customer, Management, and Billing Systems.

*          Recommendation:  Acceptance of the report on the status of the development of a Request for Proposal (RFP) for a Utility Billing System that integrates Customer Service and Hauler Contract Management for Recycle Plus and the Municipal Water System.  CEQA:  Not a Project.  (Environmental Services/Finance/Information Technology)

            (Deferred from 5/6/03 – Item 7.1)

8     AVIATION SERVICES

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

10.1     Approval of an agreement relating to contribution of funds and naming rights regarding the 4th and San Fernando Garage.

            Recommendation:  Approval of an Amended and Restated Agreement to Contribute Funds by and among the Redevelopment Agency of the City of San José, the Rotary Club of San José and the San José Rotary Club Endowment to modify the Endowment’s contribution to the Redevelopment Agency, to specify certain naming rights regarding the 4^th and San Fernando Garage and to add the City of San José as a party.  (City Attorney’s Office)

            (Orders of the Day)

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

·                   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:

·                   Adjournment