SAN JOSE CITY COUNCIL

AMENDED AGENDA

FEBRUARY 25, 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

            9:00 a.m.  -   Closed Session, Room 600, City Hall

                                    See Separate Agenda

            1:30 p.m.  -   Regular Session, Council Chambers, City Hall

 

·                   Invocation (District 2)

            Bernal Intermediate School Jazz Band

 

·                   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 1.2, Commendations to The Steinberg Group, Banducci Associates Architects, and HDR Architecture Inc., for the vision of the Valley Design Awards they received from The American Institute of Architects Santa Clara Valley Chapters.  (Dando)

 

*          Adjournment:  This meeting will be adjourned in memory of Council Member Yeager’s mother, Carolyn French Yeager.

 

 

1     CEREMONIAL ITEMS


 

*1.1            Presentation of a Black History Month Celebration resolution from the 100 Black Men of Silicon Valley, Inc. to the Mayor and Council.  (Mayor)

 

*1.2            Commendations to The Steinberg Group, Banducci Associates Architects, and HDR Architecture Inc., for the vision of the Valley Design Awards they received from The American Institute of Architects Santa Clara Valley Chapters.  (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.

 

2.2              Final adoption of ordinances.

 

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26828 – Amends Section 3.28.030.11 of Chapter 3.28 of Title 3 of the San José Municipal Code to revise the cap on final compensation in the Federated City Employees Retirement System.

 

            (b)        ORD. NO.26829 – Amends Chapter 3.36 of Title 3 of the San José Municipal Code to provide for the acceptance of plan-to-plan transfers from eligible deferred compensation plans to the Police and Fire Department Retirement Plan for the purpose of purchase of permissive service credit.

 

            (c)        ORD. NO.26830 – Amends Chapter 3.28 of Title 3 of the San José Municipal Code to provide for the acceptance of plan-to-plan transfers from eligible deferred compensation plans to the Federated City Employees Retirement System for the purpose of purchase of permissive service credit.

 

            (d)        ORD. NO.26831 – Amends Chapter 2.08 of Title 2 of the San José Municipal Code to repeal Part 25 and add a new Part 43 to reflect a change in the name of the Commission on Disadvantaged Business Development to the Small Business Development Commission.

 

2.3              Approval to apply for and execute the Airport Improvement Grant Agreement.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to apply for and execute upon receipt, an amendment to the Airport Improvement Grant Agreement #03-06-0226-43 with the Federal Aviation Administration, for costs incurred by the City in connection with the Airport Acoustical Treatment Program in the amount of $100,239.  CEQA:  Resolution No. 67380,  PP03-02-041.  (Airport)

 

2.4              Approval of actions related to shuttle bus transportation at the Airport.

 

            Recommendation:  Adoption of a resolution authorizing the Director of General Services to:

            (a)        Execute the third amendment to the agreement for management of the Airport Common Use Rental Car Bus System, and increase the maximum compensation of this agreement by $50,000, to cover the estimated cost associated with services for off-site compressed natural gas (CNG) fueling, and additional training for the new CNG shuttle bus fleet, scheduled to be online by March 1, 2003; and

            (b)        Execute the second amendment to the agreement for management of the airport shuttle bus transportation personnel and bus scheduling and increase the maximum compensation of this agreement by $120,000, to cover the estimated cost associated with services for off-site CNG fueling and additional training for the new CNG shuttle bus fleet, scheduled to be online by March 1, 2003.

            CEQA:  Resolution No. 67380,  PP01-01-014.  (Airport/General 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 #24 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Various designations.  (General Services)

 

2.6              Approval of various actions related to the acquisition of a site for the development of a single-family residence.

 

            Recommendation:

            (a)        A loan of up to $250,000 to San José Conservation Corp, or an affiliated entity, for acquisition of a site located at the southeast corner of South Capital and Wilbur Avenues for the development of a moderate income single-family residence and commitment for a homebuyer second mortgage; and

            (b)        A commitment of up to $50,000 for a second mortgage to a qualified homebuyer.

            CEQA:  Exempt, PP03-01-034.  Council District 5.  SNI: East Valley/680.  (Housing)

 

2.7              Approval of agreements for the construction and maintenance of a library on Alum Rock Unified School District property.

 

            Recommendation:  Approval of the following agreements with the Alum Rock Unified School District:

(a)        A 50-year ground lease for the construction and maintenance of a library on school district property located at Fischer Middle School, 1720 Hopkins Drive, at a cost of $1 per year; and

            (b)        An agreement requiring the City to relocate a running track at Fischer Middle School from the portion of the Fisher Middle School campus where the library will be placed, to a portion of the campus located along Karl Street.

            CEQA:  Exempt, PP03-01-035.  Council District 5.  SNI:  East Valley/680.  (Library)

 

2.8              Approval of various actions related to the annexation of Monterey Park No. 104.

 

            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as Monterey Park No. 104, which involves the annexation to the City of San José of approximately 85.8 acres of land, located on the south side of Curtner Avenue, approximately 700 feet easterly of Highway 87, and the detachment of the same from the relevant special districts, including Central Fire Protection District and the County Library Service Area.

            CEQA:  Negative Declaration, PDC02-042.  Council District 7.  (Planning, Building and Code Enforcement)

            RECOMMEND DEFERRAL TO 03/11/03

 

2.9            Approval of various ordinance amendments in the Parks and Recreation Bond Projects Fund.

 

*          Recommendation:  

            Adoption of the following appropriation ordinance amendments in the Parks and Recreation Bond Projects Fund:

            (a)        Establish a new appropriation for Terrell Park Play Area Renovation project in an amount of $287,000;

            (b)        Increase the Hillview Park Play Area Renovation and Restroom appropriation by $35,000;

            (c)        Decrease the Los Gatos Creek Trail – Lincoln to Auzerais & Willow to Pedro appropriation by $1,970,000; and

            (d)        Increase the Ending Fund Balance by $1,648,000.

            CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services/City Manager’s Office)

            (Deferred from 2/18/03 - Item 2.8)

 

 

2.10            Approval of various actions related to the Evergreen Land Use and Transportation Study.

 

*          Recommendation:  Adoption of the following appropriation and funding source resolution amendments in the General Fund:

            (a)        Establish a City-wide appropriation to the Department of Planning, Building and Code Enforcement for the Evergreen Land Use and Transportation Study in the total amount of $85,000.

            (b)        Increase earned revenue from Other Revenue by $85,000.

            CEQA:  Exempt, PP03-02-058.  Council District 8.  (Planning, Building and Code Enforcement/City Manager’s Office)

            (Rules Committee referral 2/19/03)

 

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – February 12, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review February 25, 2003 Draft Agenda

                        (2)        Add New Items to February 18, 2003 Amended Agenda

                        (3)        Staff Reports Outstanding

            (c)        Legislative Update

                        (1)        State

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

                        (1)        Mobile Home Advisory Commission

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

            (h)        Administrative Reviews and Approval

*                      (1)        Report on workload assessment to adopt a policy that would prohibit the City from entering into contracts with vendors or contractors that do not provide equal benefits to domestic partner employees. DEFERRED TO 3/5/03

                        (2)        Interim report on proposed policy for selecting sites for City-sponsored meetings

                        (3)        Requests for recommendation to donate or sell surplus equipment

                                    (a)        Truck tractors, bookmobile, and equipment trailer

                                    (b)        Police patrol cars and fire command vehicles

                        (4)        Request from Council Member LeZotte to use Council General funds to attend League of California Cities Transportation Policy Committee Meeting on January 24, 2003 in Ontario, CA

            (i)         Oral communications

            (j)         Adjournment

 

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

 

 

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

 

4.3              Approval of various actions related to Policy 9-3: Community Identification Signs.

 

*          Recommendation:  Adoption of a resolution amending Council Policy 9-3 to:

            (a)        Rescind the current Council Policy prohibiting the installation of community identification signs other than those of a historical nature; and

            (b)        Establish a replacement policy based on the proposed guidelines and criteria for allowing community identification signs and architectural/gateway monuments within the public right-of-ways outside the Greater Downtown Area.

            (Planning, Building and Code Enforcement)

            [Economic Development & Environment Committee referral 12/2/02 – Item 4.1(b)]

            (Deferred from 12/17/03 – Item 4.6 et al., and 2/11/03 – Item 4.3)

 

4.4              Approval of an appropriation ordinance and funding sources resolution amendments in the Home Investment Partnership Program Fund.

           

            Recommendation:  Adoption of an appropriation ordinance and funding sources resolution amendments in the Home Investment Partnership Program Fund (445):

            (a)        Increase Grant revenue by $3,568,495; and

            (b)        Increase the Home Loan, Grant and Site Acquisition appropriation to the Housing Department by $3,568,495.

            CEQA:  Not a Project.  Council Districts 5 and 7.  (Housing/City Manager's Office)

 

4.5              Approval of action for the construction of the New Berryessa Branch Library Project.

 

*          Recommendation:  Report on bids and award of contract for the construction of the New Berryessa Branch Library Project to include the base bid and Add Alternates 1, 2, 3 and 4, to the low bidder, Dennis J. Amoroso, Inc. in the amount of $6,648,600, and approval of a contingency in the amount of $665,000.  CEQA:  Negative Declaration, H02-02-007.  Council District 4.  (Public Works)

 

4.6              Review of the Annual Development (In-Lieu Fee) Report.

 

*          Recommendation:  Review of the annual report regarding in-lieu fees collected from developers in-lieu of construction of public improvements.  CEQA:  Not a Project.  (Public Works)

            Attachment A - In Lieu Fees Collected By Program to Date (PDF format)

            Attachment B - Undergrounding In Lieu Fees Collected Pursant to Ordinance # 23187 ( Utility Undergrounding Fees) (PDF format)

            Attachment A Supplemental- AB518 2001-01 Working (PDF Format)

            Attachment B Supplemental- Unpaid '01 (PDF Format)

 

 

5     RECREATION & CULTURAL SERVICES


 

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

 

 

6     TRANSPORTATION SERVICES


 

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

 

6.2              Approval of an agreement with for various roadway improvements funded by Hellyer/Piercy Improvement District (No. 99-218SJ).

 

            Recommendation:  Adoption of a resolution approving an agreement with the Coyote Creek Business Park limited partnership for various roadway improvements funded by Improvement District No. 99-218SJ (Hellyer/Piercy), in a total amount not to exceed  $2,603,394.  CEQA:  Resolution No. 69699.  Council District 2.  (Public Works)

 

6.3              Approval of various actions related to the Route 101 Improvement Projects at Route 87.

 

*          Recommendation:

            (a)        Adoption of a resolution approving the freeway agreement with the State of California, relating to the portion of Route 101 from Route 280/680 to De La Cruz/Trimble;

            (b)        Approval of the amendment to the Route 87 Freeway Project Right-of-Way Cooperative Agreement to convey to the State a permanent highway easement located on the north side Route 101, west of the Guadalupe River; and

            (c)        Approval of an ordinance amending Chapter 11.24 of the San Jose Municipal Code to add a portion of Channing Avenue as a one-way street.

            De La Cruz/Trimble CEQA:  Resolution No. 65071, PP94-1-15.  Channing Avenue CEQA:  Exempt, PP03-01-037.  Council District 4.  (Transportation)

 

 

7     ENVIRONMENTAL & UTILITY SERVICES


 

7.1              Approval of implementation of regional water supply legislation SB 1870, AB 2058, and AB 1823.

 

            Recommendation: 

            (a)        Adoption of a resolution appointing District 4 Council Member Reed as the City's representative to the newly formed San Francisco Bay Area Regional Water System Financing Authority; and

            (b)        Adoption of a resolution setting a public hearing on April 1, 2003, at 1:30 p.m., on whether the City should join in the formation and become a member of the Bay Area Water Supply and Conservation Agency; and directing the City Clerk to publish notice of the time and place of the hearing in a newspaper of general circulation, at least two weeks prior to the date set for the hearing.

            CEQA:  Not a Project.  Council District 4.  (Environmental Services)

 

7.2              Approval to certify and submit the Fiscal Year 2003-2004 Work Plans for Urban Runoff Management.

 

            Recommendation:  Authorize the City Manager to certify and submit the Fiscal Year 2003-2004 Work Plans for Urban Runoff Management to the San Francisco Bay Regional Water Quality Control Board.  CEQA:  Not a Project.  (Environmental Services/Planning, Building and Code Enforcement/Public Works/Transportation/General Services)

 

 

8     AVIATION SERVICES


 

 

9     PUBLIC SAFETY SERVICES


 

 

10     JOINT COUNCIL/REDEVELOPMENT AGENCY


 

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEM 10.1 IN A JOINT SESSION

 

10.1          Approval of a replacement line of credit agreement.

 

*          Recommendation:  Adoption of a resolutions by the City Council and Redevelopment Agency Board authorizing a line of credit with Bank of New York to provide the Housing Department with a $50,000,000 line of credit as a replacement to the existing line of credit of $30,000,000 with Wachovia Bank, as successor to First Union National Bank, and to extend the term of the line of credit to April 1, 2005, and authorizing the City Director of Finance, the Agency Finance Director, and the Director of Housing to negotiate and execute all necessary documentation.  CEQA:  Not a Project.  (Finance/Housing/Redevelopment Agency)

 

            ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

 

·                   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

 

*     This meeting will be adjourned in memory of Council Member Yeager’s mother, Carolyn French Yeager.

 

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