SAN JOSE CITY COUNCIL
AMENDED
AGENDA
MAY
27, 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 5)
* Invocation: Pastor Antonio Cano, San José
Central Seventh Day Adventist 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.
1.1 Presentation
of commendations to Mexican Heritage Plaza, the English Department
of Santa Clara University, and Heyday Books.
(Campos)
(Deferred from 5/13/03 – Item 1.5)
1.2 Presentation of plaque to Elbert Reed for 4 years 9 months service on the Campaign Finance Review and Ethics Board. (Mayor)
*1.3 Presentation of a plaque to the City of San José from the American Lung Association commemorating 5 years of compliance to Assembly Bill 13, “No Smoking in Bar and Restaurant Initiative” and for earning a “Gold Status” level of compliance. (City Manager’s Office)
(Deferred from 5/20/03 – Item 1.6)
*1.4 Presentation of an award to Tom Manheim, Public Outreach Manager, from the California Association of Public Information Officials (CAPIO) for receipt of the Paul B. Clark Award, a lifetime achievement award that recognizes outstanding contributions in the field of public information. (City Manager’s Office)
(Rules in Lieu referral 5/21/03)
*1.5 Presentation of a proclamation recognizing this year’s San José Greek Festival. (Yeager)
(Rules in Lieu referral 5/21/03)
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.
* (a) ORD. NO. 26895-
Amends Section 4.46.050 of Chapter 4.46 and Section 4.47.040
of Chapter 4.47 of Title 4 and repeals Section 24.02.470 of
Chapter 24.02 of Title 24 of the San José Municipal Code to
make nonsubstantive revisions to the provisions regarding the
rate of tax.
Recommendation:
(a) Approval
of an ordinance amending Chapter 3.36 of Title 3 of the San
José Municipal Code (Police and Fire Department Retirement Plan)
to update the medical examination procedures for disability
retirement applications, to clarify the calculation of disability
retirement allowances, and to clarify the calculation of survivorship
benefits payable because of a service-connected death.
CEQA: Exempt,
PP03-05-152. (Boards of Administration for
the Police & Fire Department Retirement Plan)
(b) Approval of an ordinance amending Section 3.44.010 of Chapter 3.44 of Title 3 of the San José Municipal Code to clarify that cost-of-living adjustments apply to surviving spouse benefits provided under the optional settlement provisions of the Police and Fire Department Retirement Plan. CEQA: Exempt, PP03-05-153. (Boards of Administration for the Police & Fire Department Retirement Plan)
Recommendation: Approval of an ordinance amending Chapter 4.80 of Title 4 of the San José Municipal Code by repealing Part 3 relating to the Alviso Water Service Area Extension and Improvement Fund and amending Part 12 relating to the Consolidated Water Utility Fund, and amending Chapter 15.08 of Title 15 of the of the San José Municipal Code to add a new Part 2.5 relating to rates and charges for potable water service.
Recommendation: Recommendation to name a park at Winfield Boulevard and Chynoweth Avenue “Cilker Park.” Council District 10. CEQA: Not a Project. (Parks and Recreation Commission/City Clerk)
Recommendation:
(a) Preliminary approval of the report as filed by the Willow Glen Business Improvement District Advisory Board, or as modified by Council; and adoption of a resolution of intention to levy the annual assessment for 2003-2004, and set June 17, 2003 at 1:30 p.m. as the date and time for the public hearing on the levy of the proposed assessments. CEQA: Exempt, PP 03-05-165. Council District 6. (Economic Development)
(b) Preliminary approval of the report as filed by the Japantown Business Improvement District Advisory Board, or as modified by Council; and adoption of a resolution of intention to levy the annual assessment for 2003-04, and set June 17, 2003 at 1:30 p.m. as the date and time for the public hearing on the levy of the proposed assessments. CEQA: Exempt, PP 03-05-165. Council District 3. SNI: 13th Street. (Economic Development)
Recommendation: Approval of the draft Request
for Proposals that integrates Customer Service and Hauler Contract
Management for Recycle Plus and the Municipal Water System for
the Utility Billing System. CEQA:
Not a Project. (Environmental
Services/Finance/Information Technology)
Attachment
(Council referral 5/13/03 – Item 7.3)
Recommendation: Adoption of a resolution:
(a) Declaring two 4,367 square foot parcels of City-owned land, located on the southwesterly side of 6th Street, between Martha Street and Bestor Street, surplus to the needs of the City; and
(b) Approving an agreement for the parcel adjacent to APN 472-14-065 to 901 South Sixth Street Associates, L.P. for $5,500; and
(c) Approving an agreement for the parcel adjacent to APN 472-14-066 to 985 South Sixth Street Associates, L. P., for $5,500.
CEQA: Negative Declaration, PDC98-10-078. Council District 3. SNI: Spartan/Keyes. (General Services)
Recommendation: Adoption of a resolution authorizing the Director of General Services to:
(a) Negotiate and execute a software and hardware maintenance and support agreement with Sun Microsystems (Santa Clara) in a first year amount not to exceed $143,705.84; and
(b) Execute four one-year options to renew for a total of five years without further Council action other than the appropriation of funds.
CEQA: Not a Project. (General Services)
Recommendation: Adoption of a resolution accepting donations from the San José Public Library Foundation in an amount not to exceed $200,000 for a period beginning July 1, 2003 and ending June 30, 2004. CEQA: Not a Project. (Library)
Recommendation: Adoption of a resolution authorizing the detachment from special District County Sanitation 2-3 of 16.25 acres of land, located on the south side of Tully Road approximately 500 feet easterly of 10th Street, and generally bounded by the City of San José Annexations Monterey Park No. 5, Franklin 31, Franklin 4, and Franklin 17. CEQA: Resolution No. 71359. Council District 7. (Planning, Building and Code Enforcement)
RECOMMEND DEFERRAL TO
6/10/03
Recommendation: Approval of the amended Memorandum of Understanding with local law enforcement agencies to provide access to the California Identification (CAL-ID) System. CEQA: Not a Project. (Police)
Recommendation: Report on bids and award of contract for the Plata Arroyo Park Play Area Renovation Project to the low bidder, Beacon Construction, Inc., to include the base bid and Add Alternate Nos. 1, 2, 3, & 4 in the amount of $173,013, and approval of a contingency in the amount of $9,000. CEQA: Exempt, PP03-02-042. Council District 5. SNI: Gateway East. (Public Works)
Recommendation:
(a) Increase contingency
budget authorization by $51,000, from $66,000 to $117,000.
(b) Adoption of the following
appropriation ordinance amendments in the Park Yards Fund:
(1) Increase the Kelley Park Service Yard Renovation Project by $107,000.
(2) Decrease the Ending Fund Balance by $107,000.
(c) Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement with Garcia Teague Architecture + Interiors for the Kelley Park Service Yard Project, to expand the scope of services, increase the compensation by an amount not to exceed $26,000, and extend the term of the agreement from April 30, 2003 to November 30, 2003.
CEQA: Mitigated Negative Declaration, PP01-10-186. Council District 7. (Public Works/City Manager's Office)
(Deferred from 5/20/03 – Item 2.12
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute the first amendment to the agreement with HVS International for consultant services related to the Hayes Mansion Conference Center, to extend the term until June 30, 2004, and to increase the compensation in an amount not to exceed $174,000, for a total compensation not to exceed $286,500. CEQA: Not a Project. Council District 2. (Finance)
(Rules in Lieu referral 5/21/03)
Recommendation: Adoption of a resolution authorizing the City Manager to submit grant applications to the Santa Clara Valley Water District for the following projects:
(a) Willow Glen Spur (grant request = $300,000).
(b) Selma Olinder/Coyote Creek Trail (grant request = $250,000).
(c) Coyote Creek, Capital Expressway to Yerba Buena Road (grant request = $400,000).
(d) City-wide Trail Enhancements (grant request = $450,000).
(e) Dobern Bridge (grant request = $250,000).
CEQA: Resolution No. 65459, PP03-05-175. Council Districts 3, 4, 5, 6, 7, and 10. SNI: East Valley/680, Spartan/Keyes, Tully Senter, University, Five Wounds/Brookwood Terrace. (Parks, Recreation and Neighborhood Services)
(Rules in Lieu referral 5/21/03)
Mayor
Gonzales, Chair
(a) Silicon Valley Rapid Transit Corridor
Tunneling BART to San José
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review May 27, 2003 Draft Agenda
(2) Add New Items to May 20, 2003 Amended Agenda
(3) List of Reports Outstanding
(c) Legislative Update
(1) State
(2) Federal
(d) Meeting Schedules
(e) The Public Record - SEE ITEM 10.1 FOR COUNCIL ACTION TO BE TAKEN
(f) Boards, Commissions and Committees
(1) Police and Fire Retirement Board
(2) Arts Commission
(3) CDBG Steering Committee
(4) Early Care and Education Commission
(5) Human Rights Commission
(6) Library Commission
(7) Mobile Home Advisory Commission
(8) Parks and Recreation Commission
(9) Senior Citizens Commission
(f) Boards, Commissions and Committees
(10) Small Business Development Commission
(11) Traffic Appeals Commission
(g) Council Referrals for Assignment to Administration or Council Appointee
(h) Administrative Reviews and Approval
(1) Request from City Auditor to remove an audit of the City Clerk’s Office from the City Auditor’s 2002-2003 workplan
(i) Oral communications
(j) Adjournment
Council
Member Campos, Chair
Summary - MAKING GOVERNMENT WORK BETTER
COMMITTEE
(a) Results of the Contract Streamlining Ordinance
(b) City Clerk One-Stop shop
(c) San José Fire Department Bureau of Fire Prevention Audit Report
(d) Review the scope of supervision for City Departments and Council Appointees
(e) Audit follow-up on Prevailing and Living Wage
* (f) Follow-up on Memorandum on Internal Controls (role clarification: City/WIA Board oversight roles)
(g) Santa Clara County Cities Association Audit Report
(h) Oral petitions
(i) Adjournment
Recommendation: Interview applicants to the Campaign Finance Review and Ethics Board for two four-year terms ending March 1, 2007. (City Clerk)
TO
BE HEARD LAST
Recommendation:
(a) Report on RFP for Cellular Phone Service and approval to reject all proposals.
(b) Adoption of a resolution authorizing the Director of General Services to:
(1) Execute any necessary documentation to make purchases under the pricing terms and conditions obtained under the Western States Contracting Alliance (WSCA) Agreement for the purchase of wireless service and equipment from AT&T Wireless, Verizon, Nextel and/or Sprint, in a cumulative amount not to exceed $1,100,000 for the period July 1, 2003 through June 30, 2004; and
(2) Make further purchases for three additional one-year terms under the same contracting provisions, without further Council action other than the appropriation of funds.
CEQA: Not a Project. (General Services/Information Technology)
Council
Member Chavez, Chair
Council
Member Williams, Chair
Recommendation: Preliminary approval of the report as filed by the Downtown Business Improvement District Advisory Board or as modified by Council, and adoption of a resolution of intention to levy increased annual assessments for 2003-04 in the Downtown Business Improvement District at the June 17, 2003 at 1:30 p.m. public hearing. CEQA: Exempt, PP 03-05-165. Council District 3. SNI: St. James Square; University; Josefa/Auzerais; Burbank/Del Monte. (Economic Development)
Recommendation: Public Hearing and adoption of a resolution:
(a) Approving a Disposition and Development Agreement (DDA) between the City of San José and the San José Conservation Corps, or an affiliated entity, for the development of single-family homes on the following sites in the City of San José:
(1) S/s of Meredith Avenue, between Lincoln Avenue and Coolidge Avenue - 1 unit.
(2) Blossom Hill Avenue opposite the terminus of Croydon Avenue - 8 units.
(b) Finding that the use of 20% Low- and Moderate-Income Housing Funds for the sites is of benefit to the Redevelopment Project Areas in San José.
CEQA: Meredith, Exempt, SP02-081; Blossom Hill, Exempt, PP03-05-167. Districts 6 and 9. (Housing)
Recommendation:
(a) Adoption of a resolution approving a conditional grant of up to $1,275,000 to Eden Housing Inc., or its designated affiliate, for the development of the Eden Palms Special Needs Apartments, a 15-unit rental development affordable to extremely low-income individuals with developmental disabilities, located at 5350 Monterey Road.
(b) Adoption of the following appropriation ordinance and funding sources resolution amendments in the HOME Investment Partnership Program Fund (Fund 445) to:
(1) Increase the HOME Loans and Grants appropriation to the Housing Department by $1,275,000.
(2) Increase Grant Revenue by $1,275,000.
CEQA: Mitigated Negative Declaration, PDC03-002. Council District 2. SNI: Edenvale/Great Oaks. (Housing/City Manager’s Office)
Recommendation: Adoption of the following appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund:
* (a) Establish an appropriation to the Department of Public Works for the Hellyer Piercy Improvement District and Great Oaks-Route 85 CFD #6 Project in the amount of $565,300.
(b) Increase the estimate for Earned Revenue by $565,300.
CEQA: Resolution No. 69699, PP 02-10-284. Council District 2. SNI: Edenvale. (Public Works/City Manager's Office)
Council
Member Yeager, Chair
* Recommendation: Report on bids and award of contract for the construction of the New Tully Branch Library Project to the lowest responsive bidder, Ralph Larsen and Sons, Inc., to include the base bid and Add Alternate No. 1 in the amount of $7,513,000, and approval of a contingency in the amount of $751,000. CEQA: Negative Declaration, PP02-04-080. Council District 7. (Public Works)
(Deferred from 5/20/03 – Item 5.2)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Morgan Hill Unified School District for the design and construction of a multi-purpose facility on the campus of Los Paseos Elementary School, including a 16-space parking lot and access improvements on the Los Paseos Park site in an amount not to exceed $1,000,000, subject to the future appropriation of funds to be paid to the City of San José under the Cooperation Agreement by and between the City and Calpine/Bechtel executed on June 26, 2001. CEQA: Exempt, PP03-05-166. Council District 2. (Parks, Recreation and Neighborhood Services)
(Rules in Lieu referral 5/21/03)
Council
Member Cortese, Chair
Recommendation:
(a) Conduct a public hearing on proposed Fiscal Year 2003-04 Recycle Plus (RP) rate increases;
(b) Adopt a resolution revising RP rates for services beginning July 1, 2003, and increasing single family and multi-family rates by 9%, as shown in the attached charts;
(c) Adopt a resolution revising the Commercial Solid Waste Collection Franchise Fee for services performed on or after July 1, 2003, as follows:
(1) For each uncompacted cubic yard collected, increase the Franchise Fee from $2.98 to $3.24 per cubic yard.
(2) For each compacted cubic yard, increase the Franchise Fee from $8.94 to $9.72 per cubic yard.
(3) Provide an exemption from the Franchise Fee for the first 21,600 cubic yards of un-compacted solid waste (or the equivalent of compacted solid waste) collected in any fiscal year (July 1-June 30). (Cont’d)
(d) Adopt a resolution amending the Schedule of Fees and Charges to revise the Commercial Solid Waste Source Reduction and Recycling (AB939) Fee effective July 1, 2003, as follows:
(1) For each uncompacted cubic yard collected, decrease the fee from $0.86 to $0.60 per uncompacted cubic yard.
(2) For each compacted cubic yard collected, decrease the fee from $2.58 to $1.80 per cubic yard.
CEQA: Not a Project. (Environmental Services)
* Recommendation:
(a) Report on bids and award of contract for the Norman Y. Mineta San José International Airport – Relocation of the Remote Transmitter/Receiver Project to the lowest responsive bidder, GSE Construction Co., Inc., in the amount of $1,644,400, and approval of a contingency in the amount of $164,000.
(b) Remains as is
(c) Adoption of the following appropriation ordinance amendments in the Airport Renewal and Replacement Fund:
(1) Increase the Remote Transmitter Receiver Relocation appropriation by $627,000.
(2) Decrease the Airport People Mover – Transit Connection appropriation by $627,000.
* Recommendation:
(a) Adoption of a resolution providing that all City contracts containing prevailing wage and living wage requirements include as remedies for a breach of these requirements provisions giving the City the right to conduct an audit, collect liquidated damages, and withhold compensation.
(b) Direct Redevelopment Agency staff and the General Counsel’s Office to determine appropriate enforcement mechanisms for Agency contracts requiring prevailing wages requirements and return to the Board for approval of such language.
(Public Works/Redevelopment Agency)
[Making Government Work Better referral 5/14/03 – Item 3.3(e)]
· 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:
|
Tract |
Location |
Council District |
Developer |
Lots/ Units |
Type |
Proposed Decision |
|
9375 |
Southeast corner of Park Ave & Hedding St. |
6 |
Rose Garden Courtyards |
11 |
SFD Courthomes |
Approve |
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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