SAN JOSE CITY COUNCIL

AMENDED AGENDA

MAY 28, 2002

    Link to Welcome Letter

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

            ITEM 10.1 IS TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

*          See New Item 1.5, Presentation of a commendation to City of San José Police Officers for their participation in the 20th annual Palm Sunday Senior Citizen Breakfast. (Campos)

            ADJOURNMENT: This meeting will be adjourned in memory of Darrell Von Haas, Mail Processor in the Department of General Services.

1.1       Presentation of an award to the City of San José by the Housing Trust of Santa Clara County.  (Mayor)

1.2       Presentation of a commendation to Greg Fatovic, Vice President of Programs and General Manager of San José site, in behalf of Pratt and Whitney for its exemplary Health and             Safety Program and winning the California-Osha Voluntary Protection Star award, the highest level of safety recognition by a governmental entity.  (Williams)

1.3       Presentation of a commendation to RW French for their hard work and dedication to the community for their project at the First Congregational Church.  (Yeager)

1.4       Presentation of a commendation to the Lincoln High School Mock Trial Team for their unprecedented success this year in winning back-to-back state championships and placing             fourth out of forty-four teams in the national competition. (Yeager)  (Yeager)

  (Rules Committee referral 5/22/02)

1.5       Presentation of a commendation to City of San José Police Officers for their participation in the 20th annual Palm Sunday Senior Citizen Breakfast. (Campos)  (Yeager)

  (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.

 2.1               Approval of Minutes.

            Recommendation:  Approval of City Council Minutes for:

            (a)        Regular meeting of November 13, 2001

            (b)        Regular meeting of November 20, 2001

            (c)        General Plan meeting of November 20, 2001

            (d)        Regular meeting of November 27, 2001

            (e)        Joint Council/Redevelopment Agency Board meeting of November 27, 2002

 2.2               Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26633 – Amends Section 3.36.920 of Chapter 3.36 of Title 3 of the San José Municipal Code to limit time in which a person may apply for disability                         retirement from the Police and Fire Department Retirement Plan after separation from City service.

*          (b)        ORD. NO. 26634 - Amends Sections 15.16.1380, 15.16.1390, and 15.16.1500 of Chapter 15.16 of Title 15 of the San José Municipal Code and adds a new                         Section 15.16.1395 to revise provisions related to categorization of premises and determination of charges for use of the Storm Sewer System and to correct a                                 clerical error.

 2.3               Approval of an ordinance to allow deferred vested persons in the Police and Fire Department Retirement Plan to enroll in medical and dental insurance plans. 

Recommendation:  Approval of an ordinance amending Part 9.5 of Chapter 3.36 of Title 3 of the San José Municipal Code (Police and Fire Department Retirement Plan) to allow deferred vested persons who separated prior to July 5, 1992 to enroll in the Plan's medical and dental insurance plans.  (Board of Administration for the Police & Fire Department Retirement Plan)

 2.4               Approval of an ordinance to permit surviving spouses to continue medical coverage for children under a guardianship arrangement that are in the Federated City Employees’ Retirement System.

            Recommendation:  Approval of an ordinance amending Section 3.28.1980 of Chapter 3.28 of Title 3 of the San José Municipal Code (Federated City Employees’ Retirement System) to permit surviving spouses to continue medical coverage for children under a guardianship arrangement.  (Board of Administration for the Federated City Employees’ Retirement System)

 2.5               Approval of an ordinance to provide an option for post retirement spousal benefits to persons in the Police and Fire Department Plan.

            Recommendation:  Approval of an ordinance amending Part 9.5 of Chapter 3.36 of Title 3 of the San José Municipal Code (Police and Fire Department Retirement Plan) to provide an option for post retirement spousal benefits.  (Board of Administration for the Police & Fire Department Retirement Plan)

 2.6               Approval of various fiscal actions for Redevelopment Agency Capital Projects.

            Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) The Center for Performing Arts Improvements Project and the Bike Barn Demolition and Parking Lot Project, with a net impact to the fund of $212,000.  Council District 3.  (City Manager’s Office)

 2.7               Approval of various actions related to three Business Improvement Districts.

            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 2002-2003, and set June 11, 2002 at 1:30 p.m. as the date and time for the public hearing on the levy of the proposed assessments.  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 2002-03, and set June 11, 2002 at 1:30 p.m. as the date and time for the public hearing on the levy of the proposed assessments.  Council District 3.  SNI:  13^th Street.  (Economic Development)

            (c)        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 the annual assessment for 2002-03, and set June 11, 2002 at 1:30 p.m. as the date and time for the public hearing on the levy of the proposed assessments.  Council District 3.  SNI:  St. James Square, University, Josefa, Auzerais, and Burbank/Del Monte.  (Economic Development)

 2.8               Approval to award a contract for modifications in the Computer Control Room at the WPCP.

            Recommendation:  Report on bids and award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant (WPCP), FY 2000/2001 Capital Improvement Program: Computer Control Room Modifications” to the low bidder, Rusciano Construction, Incorporated, in the amount of $186,269, and approval of a budget contingency in the amount of $28,000.  CEQA:  Exempt, PP02-04-077.  (Environmental Services)

 2.9               Approval of the Report of the Directors of Finance and Transportation on the cost of sidewalk repairs and to set public hearings.

*          Recommendation:  Adoption of a resolution setting a public hearing on June 18, 2002 at 1:30 p.m. for the approval of the report of the Directors of Finance and Transportation on the cost of sidewalk repairs. (Finance/Transportation)

 2.10           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 2001-2002 #35, and authorization for the Director of General Services to execute the purchase orders.  (General Services)

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

            Recommendation:  Adoption of a resolution accepting donations from the San José Public Library Foundation in an amount not to exceed $125,000, for the period July 1, 2002 to June 30, 2003.  (Library)

 2.12           Approval of fiscal action for the Winfield Acquisition Trust Fund.

            Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments for the Winfield Acquisition Trust Fund.  (Parks, Recreation and Neighborhood Services/City Manager’s Office)

 2.13           Approval of various actions related to the annexation of Sunol No. 64.

            Recommendation:  Adoption of a resolution initiating proceedings and setting June 18, 2002 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Sunol No. 64 which involves the annexation to the City of San José of 0.3 acre of land, located on the west side of Page Street, approximately 260 feet north of Chiechi Avenue and generally bounded by the City of San José Annexation #237 – Sunol No. 6-A and the unincorporated site subject to failed annexation – Buena Vista No. 1, and the detachment of the same from the appropriate special districts including:  Sunol Sanitary, Co., County Lighting Service, Central Fire Protection, and the County Library Service Area.  CEQA:  Exempt, PP# Sunol No. 64.  Council District 6.  SNI:  Burbank.  (Planning, Building and Code Enforcement)

 2.14           Approval of actions in the State Drug Forfeiture Fund.

*          Recommendation:  Adoption of amendments to the annual appropriation ordinance in the State Drug Forfeiture Fund in Fiscal Year 2001-2002 as follows:

            (a)        Increase the Non-Personal/Equipment appropriation for the Police Department in the amount of $56,700;

            (b)        Decrease the Unrestricted Ending Fund Balance in the amount of $56,700.

                                 (Police/City Manager’s Office)

 2.15           Approval of actions in the Supplemental Law Enforcement Services Fund.

            Recommendation:  Approval of appropriation actions in the Supplemental Law Enforcement Services Fund for Fiscal Year 2001-02:

            (a)        Establish an appropriation in City-wide Expenses to the Police Department in the amount of $4,730,922 for Computer-Aided Dispatch System Replacement;

            (b)        Decrease the Reserve for Computer Aided Dispatch System Replacement by the amount of $4,730,922.

            (Police/City Manager’s Office)

 2.16           Approval of master agreements for appraisal services.

            Recommendation: 

            (a)        Approval of master agreements for appraisal services with Carneghi-Bautovich & Partners, Inc., Diaz, Diaz and Boyd, Inc., Hulberg and Associates, Inc., The Reitman Group, Smith & Associates, Inc. and Jonathon R. Strong; each agreement in an amount not to exceed $250,000.

            (b)        Approval of master agreements for appraisal review services with Thomas W. Ryland and Henry Spoto, Jr.; each agreement in an amount not to exceed $250,000.

            (c)        Authorization to the Director of Public Works to assign specific appraisal and appraisal review projects to the above-mentioned appraisers up to the amount specified in each individual master agreement.

            (Public Works)

            RECOMMEND DEFERRAL TO 6/18/02 

 2.17           Approval to assign agreement obligations for Various Parks and Recreation Projects to Catalyst.

            Recommendation:  Approval of the first amendment to the master agreement with Tom Richman & Associates, Inc. for landscape architectural consultant services for Various Parks and Recreation Projects to assign the obligations of Tom Richman & Associates, Inc. to Catalyst, and to extend the term from June 30, 2002 to June 30, 2003, at no cost to the City.  (Public Works)

 2.18           Approval to award a contract for the Street Lights Mayfair  Project (2002).

            Recommendation:  Report on bids and award of contract for the Street Lights Mayfair 2002 Project to the low bidder, Giacolone Electrical Services Inc., in the amount of $166,000, and approval of a contingency in the amount of $16,000.  CEQA:  Exempt, PP01-02-023.  Council District 5.  SNI:  Plata Arroyo/Mayfair West.  (Public Works)

 2.19           Approval to waive a minor irregularity in the low bid and award a contract for the construction of the Julian Street Median Island Improvements.

            Recommendation:  Report on bids, waiver of minor irregularity in the low bid, and award of contract for the construction of the Julian Street Median Island Improvements (at Pellier Park) to the low bidder, Bamer Construction Company, Inc., in the amount of $124,200, and approval of a contingency in the amount of $12,000.  CEQA:  Exempt, PP01-11-204.  Council District 3.  (Public Works)

 2.20           Approval of fiscal actions related to environmental management for City-owned closed landfills.

            Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments to the General Fund for costs related to environmental management for City-owned closed landfills:

            (a)        Increase the revenue estimate in the General Fund for Other Revenue by $50,000; and

            (b)        Increase the Methane Monitoring and Control Appropriation by $50,000.

               (Public Works/City Manager's Office)

 2.21           Approval to reject all proposals for a technology equipment management system.

*          Recommendation:  Approval of rejection of all proposals for a technology equipment management system. (General Services/Information Technology)

           (Deferred from 5/21/02 - Item 2.8)

 2.22           Approval of lease agreements for office space at 4 North Second Street.

*          Recommendation:  Approval of two lease agreements with Cornerstone Properties, LLC, for office space at 4 North Second Street for a combined monthly rent of $58,444.20 during the first year of the leases, with annual increases of approximately three percent to a maximum rate of $63,639.24 per month during the fourth and final year of the leases. (Public Works)

           (Deferred from 5/21/02 - Item 2.11)

 2.23           Approval to submit a revised grant application to the State Resources Agency.

*          Recommendation:  Adoption of a resolution authorizing the City Manager to enter into a grant agreement for $1,270,000 with the State Resources Agency to fund the design and construction of the Guadalupe River South Trail in Reach 12, and a spur trail from Guadalupe River South Trail to the intersection of Chynoweth Avenue and Winfield Boulevard. (Parks, Recreation and Neighborhood Services)

           (Deferred from 5/21/02 - Item 2.11)

 2.24           Approval to determine that public use and necessity require the acquisition of certain properties and directing the filing of eminent domain actions.

*         Recommendation:  Adoption of a resolution determining that public use and necessity require the acquisition of:

            (a)        A right of way and sewer easement and a waterline easement on a portion of property located on Santa Teresa Boulevard in an area bounded by Fisher Creek to the north, Bailey Avenue to the south, Union Pacific Railroad track to the east, and Santa Teresa Boulevard to the west, owned by Coyote Valley Research Park, LLC, a Delaware Limited Liability Company, together with temporary 12 month construction easements on portions of the subject property adjoining the future access road/sanitary sewer and waterline easements, and directing the City Attorney to file an eminent domain action to acquire these interests. CEQA: Final Staff Assessment issued by the California Energy Commission. Council District 2. (Public Works)

            (b)        A right of way and sewer easement on a portion of property located south of Blanchard Road, approximately 1,800 feet east of Santa Teresa Boulevard, owned by WL Properties, a California General Partnership, together with a temporary 12 month construction easement on an adjacent portion of the subject property adjacent to the proposed easement, and directing the City Attorney to file an eminent domain action to acquire these interests. CEQA: Final Staff Assessment issued by the California Energy Commission. Council District 2. (Public Works)

               (Rules Committee referral 5/22/02)

 3.1               Report of the Study Session

            Mayor Gonzales, Chair

 3.2               Report of the Rules in Lieu Committee – May 15, 2002

            Vice Mayor Shirakawa, Jr., Chair

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

            (b)        City Council

                        (1)        Review May 28, 2002 Draft Agenda

                                    (a)        Additions

                        (2)        Add New Items to May 21, 2002 Amended Agenda

            (c)        City Council Committees

                        (1)        Amendments to Council Committee Agendas

                                    (a)        Finance and Infrastructure Committee

                                    (b)        Economic Development and Environment Committee

                                    (c)        Education, Neighborhoods, Youth, and Seniors Committee

            (d)        Meeting Schedules

                        (1)        Approve changes to the proposed FY 2002-2003 Budget Calendar

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

                        (1)        Deferred Compensation Advisory Committee

                                    HEARD BY COUNCIL ON 5/21/02

            (g)        Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee

                        (1)        Request Fire Department to provide stroke education and training to firefighters and paramedics

            (h)        Administrative Reviews and Approval

            (i)         Oral communications

            (j)         Adjournment

 3.3               Report of the Finance and Infrastructure Committee

            Council Member Dando, Chair

 4.1               Report of the Economic Development & Environment Committee

            Council Member Williams, Chair

 4.2               Acceptance of the report and update on Construction Impact Mitigation.

            Recommendation:  Acceptance of the report updating the City Council on Best Practices for Construction Impact Mitigation and directing staff to prepare policies and guidelines for implementation of Construction Impact Mitigation Plans for extraordinary projects.  (City Manager’s Office/Redevelopment Agency)

 4.3               Public Hearing on the designation of the Arthur Monroe Free House as a historical landmark.

            Recommendation:  PUBLIC HEARING on the designation of the Arthur Monroe Free House, located at 66 South 14^th Street as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.  Director of Planning, Building, and Code Enforcement recommends approval.  CEQA:  Exempt.  Council District 3.  SNI:  University.  (Planning, Building, and Code Enforcement)

 4.4               Approval to award a contract for the Redmond Avenue Sanitary Sewer Reduction Project (I&I).

            Recommendation:  Report on bids and award of contract for the Redmond Avenue Sanitary Sewer I&I Reduction Project to the low bidder, Insituform Technologies Inc., in the amount of $685,515, and approval of a contingency in the amount of $69,000.  CEQA:  Exempt, PP01-08-137.  Council District 10.  (Public Works)

 4.5               Final adoption of the Blight Ordinance (Ordinance No. 26619).

            Recommendation:  Final adoption of Ordinance No. 26619 – Amends and restates Chapter 17.72 of Title 17 of the San José Municipal Code, Property Blight, in order to reorganize the Chapter, to make clarifying changes, to specify landscaping requirements for single family and multi-family dwellings and parkstrips, and to specify storage requirements for certain items in residential zones, and amending Section 20.30.430 of Chapter 20.30 of Title 20 to provide a cross reference to the provisions of Chapter 17.72 of Title 17 and to move certain provisions from Section 20.30.430 regarding the parking and storage of motor vehicles on the front setback of lots located in residential districts to an uncodified section of this ordinance. (Planning, Building, and Code Enforcement)

            RECOMMEND DEFERRAL TO 6/11/02, TO BE HEARD IN THE EVENING

 5.1               Report of the Education, Neighborhoods, Youth, and Seniors Committee

            Council Member Chavez, Chair

 5.2               Acceptance of staff’s quarterly status report on the Parks and Recreation and Branch Library Bond Projects. 

            Recommendation:  Acceptance of staff’s quarterly status report on the Parks and Recreation and Branch Library Bond Projects.  (City Manager’s Office)

 5.3               Approval to award a contract for the Hathaway and Hillview Parks Play Area and Restroom Renovation Project.

*          Recommendation:  Report on bids and award of contract for the Hathaway and Hillview Parks Play Area and Restroom Renovation Project to the low bidder Jensen Corporation Landscape Contractors, to include the base bid and Add Alternate Nos. 1, 2, and 3, in the amount of $694,994..  CEQA:  Exempt, PP03-03-048 and PP03-03-047.  Council Districts 1 and 5.  SNI:  Hillview Park-East Valley /680 Community.  (Public Works)

 6.1               Approval of a recommendation to perform slurry sealing on residential streets for FY 2002-2003. 

            Recommendation:  Approval of a recommendation to perform slurry sealing on residential streets for FY 2002-2003.  (Transportation)

 6.2               Approval of recommendation to the VTA and BART Board of Directors on the alignment and station locations for proposed BART service in the City of San José. 

            Recommendation:  Approval of recommendation to the VTA and BART Board of Directors on the alignment and station locations for proposed BART service in the City of San José.  (Transportation/Redevelopment Agency)

            (a)        Adoption of resolutions by the City Council and Redevelopment Agency Board approving recommendations to the VTA and BART Board of Directors on the alignment and station locations for proposed BART service in the City of San José.

            (b)        Prepare a construction impact mitigation plan by December 2002, working in coordination with the affected community, and to include a study of alternative construction methods for the Downtown stations, ranging from "underground excavation" to "cut and cover".

            RENUMBERED TO 10.1

 7.1               Acceptance of the status report on the transition of the Recycle Plus! Program.

            Recommendation: Acceptance of the status report on the transition of the Recycle Plus! Program. (Environmental Services) 

            (Deferred from 5/21/02 - Item 7.1)

 10.1               Approval of recommendation to the VTA and BART Board of Directors on the alignment and station locations for proposed BART service in the City of San José

*          Recommendation:

            (a)        Adoption of resolutions by the City Council and Redevelopment Agency Board approving recommendations to the VTA and BART Board of Directors on the alignment and station locations for proposed BART service in the City of San José.

            (b)        Prepare a construction impact mitigation plan by December 2002, working in coordination with the affected community, and to include a study of alternative construction methods for the Downtown stations, ranging from "underground excavation" to "cut and cover".

            (Transportation/Redevelopment Agency)

            RENUMBERED TO 10.1

 ·                    Closed Session Report

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

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

 ·                    Adjournment

Adjourn in memory of Darrell Von Haas, Mail Processor in the Department of General Services.