SAN JOSE CITY COUNCIL

AMENDED AGENDA

JANUARY 13, 2004

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

            7:00 p.m.  -   Public Hearings, Council Chambers, City Hall

·                   Invocation (District 1) -

                                 Dr. P. T. Mammen, Central Church of the Nazarene

·                   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.

Adjournment:  This meeting will be adjourned in memory of Ms. Henrietta Del Buono. 

1     CEREMONIAL ITEMS

1.1       Presentation of a commendation to Sunset Plaza for their commitment to economic development and investment in District Five.  (Campos)

1.2       Presentation of plaques to Dawn Davis for 6 years 7 months service on the Advisory Commission on Rents; to Miriam Ayllon for 6 years service on the Housing Advisory Commission; to Lisa Gonzales for 2 years 1 month service on the Housing Advisory Commission; to Linda Starr for 2 years 6 months service on the Human Rights Commission; to Miguel Chacon for 3 years service on the Small Business Development Commission; and to Charles Jones, Jr. for 3 years service on the Small Business Development Commission.  (Mayor)

            TO BE HEARD IN THE EVENING

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. 27042 – Rezones certain real property situated at the southwest corner of West San Carlos Street and Josefa Street (500 W. San Carlos Street) to CP Commercial Pedestrian Zoning District.  C 03-080

            (b)        ORD. NO. 27043 – Rezones certain real property situated on the east side of Hicks Avenue, approximately 320 feet southerly of Dry Creek Road to A(PD) Planned Development Zoning District.  PDC 03-050

            (c)        ORD. NO. 27044 – Rezones certain real property situated at the northwest corner of Blossom Hill Road and Santa Teresa Boulevard to A(PD) Planned Development Zoning District.  PDC 03-075

            (d)        ORD. NO. 27045 – Rezones certain real property situated at the north side of Story Avenue, approximately 290 feet southwesterly of Jackson Avenue to CN Commercial Neighborhood Zoning District.  C 02-048

            (e)        ORD. NO. 27046 – Rezones certain real property situated at the west side of McCreery Avenue, approximately 230 feet southerly of Alum Rock Avenue to A(PD) Planned Development Zoning District.  PDC 02-082

*          (f)        ORD. NO. 27047 – Rezones certain real property situated on the east side of St. Elizabeth Street, approximately 530 feet southerly of McKinley Avenue to R-M Multiple Residence Zoning District.  C 03-089

2.3              Approval of an agreement for animal shelter services.

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Humane Society Silicon Valley for the Humane Society to provide the month-to-month City-specific animal shelter services for the period of January 1, 2004, through June 30, 2004, at a cost to the City not to exceed $984,000.  CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

                        (Deferred from 12/16/03 – Item 2.15)

            (b)        Report on status of the Animal Care Center Project and take appropriate actions based on information in the status report.  CEQA:  Negative Declaration, H01-01-003.  (Public Works). RECOMMEND DEFERRAL TO 01/20/04

2.4              Approval of fiscal actions for the Fairway Glen Multifamily Housing Revenue Bonds.

            Recommendation:  Adoption of a resolution:

            (a)        Approving the delivery of a new credit facility for the Multifamily Housing Revenue Bonds (Fairway Glen Apartments Project) Issue A of 1985 (the "Bonds");

            (b)        Approving the extension of maturity of the Bonds;

            (c)        Approving the remarketing of the Bonds;

            (d)        Approving in substantially final form the First Supplement to Indenture, Second Amended and Restated Indenture of Trust, Financing Agreement, Second Amendment to Regulatory Agreement, and Assignment and Intercreditor Agreement; and

            (e)        Authorizing the City Manager, Director of Finance, Deputy Director of Finance, Debt & Risk Management and Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

            CEQA:  Not a Project.  Council District 4.  (Finance/Housing)

2.5              Approval of fiscal actions for the Foxchase Drive Multifamily Housing Revenue Bonds.

            Recommendation:  Adoption of a resolution:

            (a)        Approving the delivery of a new credit facility for the Multifamily Housing Revenue Bonds (Foxchase Drive Apartments Project) Issue B of 1985 (the "Bonds");

            (b)        Approving the extension of maturity of the Bonds;

            (c)        Approving the remarketing of the Bonds;

            (d)        Approving in substantially final form the First Supplement to Indenture, Second Amended and Restated Indenture of Trust, Financing Agreement, Second Amendment to Regulatory Agreement, and Assignment and Intercreditor Agreement; and

            (e)        Authorizing the City Manager, Director of Finance, Deputy Director of Finance, Debt & Risk Management and Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

            CEQA:  Not a Project.  Council District 9.  (Finance/Housing)

2.6              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 2003-2004 #10, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

2.7              Approval to reject all bids for the purchase of two Sludge Dredges and re-solicit bids.

            Recommendation:  Reject all bids for the purchase of two Sludge Dredges and authorize the Director of General Services to re-solicit bids.  CEQA:  Not a Project.  (General Services)

2.8              Approval to award a sole source purchase of Motorola Vehicular Radio Modems.

            Recommendation:  Approval of an award to purchase 88 Motorola Vehicular Radio Modems from Motorola C& E, Inc., as a sole source purchase for a total not to exceed $204,058.91, including sales tax and delivery, and authorization for the Director of General Services to execute the purchase order.  CEQA:  Not a Project. (General Services)

2.9              Approval of Independent Police Auditor’s travel calendar January through March 2004.

            Recommendation:  Approval of Independent Police Auditor, Teresa Guerrero-Daley’s travel calendar January through March 2004.  Funding:  Various outside sources.  (Independent Police Auditor)

2.10          Approval of a continuation agreement with the Community Foundation of Silicon Valley (CFSV).

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement with the Community Foundation of Silicon Valley (CFSV) to extend the term to December 31, 2004.  CEQA:  Exempt, PP03-12-383.  Council District 3.  SNI:  University.  (Parks, Recreation and Neighborhood Services)

2.11          Approval of fiscal actions related to the Office of Traffic Safety Sobriety Checkpoint Program.

            Recommendation:  Adoption of the following amendments to the annual appropriation ordinance and funding sources resolution in the General Fund as follows:

            (a)        Establish an appropriation in the City-wide Expenses to the Police Department for the Office of Traffic Safety Sobriety Checkpoint Program for Local Law Enforcement Agencies Grant in the amount of $39,920; and

            (b)        Increase the Earned Revenue Estimate from the State of California by $39,920.

            CEQA:  Not a Project.  (Police/City Manager’s Office)

2.12          Approval of actions and setting a public hearing for the Annexation Area 1 into Community Facilities District No. 8 (Communications Hill).

            Recommendation:  Adoption of a resolution of intention to annex Annexation Area 1 into Community Facilities District No. 8 (Communications Hill) and levy a special tax on land within Annexation Area 1, and setting a public hearing on February 17, 2004 at 1:30 p.m.  CEQA:  Negative Declaration and Addenda thereto, PP03-11-361.  Council District 7.  (Public Works)

2.13          Approval of actions and setting a public hearing for the establishment of Rule 20A Underground Utility District on Stevens Creek Boulevard.

            Recommendation:  Adoption of a resolution to consider the establishment of Rule 20A Underground Utility District on Stevens Creek Boulevard, between Calvert Drive and Stern Avenue, and setting a public hearing on February 10, 2004 at 1:30 p.m.  CEQA:  Exempt, PP03-12-375.  Council District 1.  (Public Works)

2.14          Approval of an agreement for the City of San José to provide surveying and map review services.

*          Recommendation:  Approval of an agreement with the City of Campbell for the City of San José to provide surveying and map review services in an amount not to exceed $225,000 in revenue, for the period January 1, 2004 through December 31, 2004.  CEQA:  Not a Project.  (Public Works)

2.15          Approval of the HP Pavilion Biennial Advertising Plan. 

*          Recommendation:  Approval of the HP Pavilion Biennial Advertising Plan, and approval of conforming amendment to the Arena Management Agreement.  (San José Arena Authority)

2.16     Approval of Council Appointee salary recommendations.

*           Recommendation:  Adoption of a resolution approving Council Appointee salaries.  (Mayor)

            (Rules in Lieu Referral 1/7/04)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – December 17, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review January 13, 2004 Draft Agenda

                        (2)        Add New Items to January 6, 2004 Amended Agenda

                                    DROP – Meeting Canceled

·        Mayor and Council Member Requests

·        City Manager Requests

·        City Attorney Requests

·        City Clerk Requests

                        (3)        List of Reports Outstanding

            (c)        Legislative Update

                        (1)        State

                                    (a)        2003 State Legislative Summary

                        (2)        Federal

            (d)        Meeting Schedules

                        (1)        Approve the 2004-2005 Budget Study Session Schedule

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Report back on Labor Code requirements for payment of workers’ compensation benefits

                        (2)        Approve Council Committee Workplans

                                    (a)        All Children Achieve

                                    (b)        Building Strong Neighborhoods

                                    (c)        Building Better Transportation

                                    (d)        Driving a Strong Economy

                                    (e)        Making Government Work Better

                                    (f)         Rules

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee – December 10, 2003

            Council Member Campos, Chair
Summary

            (a)        External Quality Control Review including Activities and Accomplishment of the Office of the City Auditor, July 2001-June 2003

            (b)        Results of the Contract Streamlining Ordinance 6-month Follow-up Report

            (c)        San José Fire Department Bureau of Fire Prevention Audit Report

            (d)        Oral petitions

            (e)        Adjournment

3.4              San José Appeals Board interviews.

            Recommendation:  Interviews for Appeals Hearing Board to fill two three-year terms ending December 31, 2006.  (City Clerk)

            TO BE HEARD IN THE EVENING

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee – December 15, 2003

            Council Member Chavez, Chair
Summary

            (a)        Review City’s Neighborhood Recognition Efforts

            (b)        Discussion and Strategies to Further Involve the Community in Policing Programs

            (c)        Review and Discuss Enforcement Strategies of Anti-Graffiti & Litter Programs

            (d)        SNI Business Plan Final Draft

            (e)        Oral Petitions

            (f)         Adjournment

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

*4.3              Acceptance of the 2003 Annual Report on the General Plan.  DROP

            Recommendation:  Acceptance of the 2003 Annual Report on the General Plan.  CEQA:  Not a Project.  (Planning, Building and Code Enforcement)

4.4              Approval to award a contract for the 13^th St. Tree Planting, Street Lighting, and Sidewalk Improvements.

*          Recommendation:  Report on bids and award of contract for the construction of the 13^th St. Tree Planting, Street Lighting, and Sidewalk Improvements to the low bidder, Golden Bay Construction Company, Inc., in the amount of $675,562, and approval of a contingency in the amount of $34,000.  CEQA:  Exempt, PP03-04-106.  Council District 3.  (Public Works). SNI:  13^th Street.

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

5.2              Approval to reject and rebid for the Noble Park Play Area Renovation Project.

*          Recommendation: 

            (a)        Approval to reject all bids for the Noble Park Play Area Renovation Project.

            (b)        Adoption of a resolution authorizing the City Manager to award the Noble Park Play Area Renovation Rebid Project to the lowest responsive bidder, and approval of a ten percent contingency, all in an amount not to exceed the funds appropriated for the Project.

            CEQA:  Exempt, PP03-09-284.  Council District 4.  (Public Works/Parks, Recreation and Neighborhood Services)

            (Deferred from 11/25/03 – Item 2.11 et al., and 12/16/03 – Item 5.5)

5.3              Approval of appointment to the San José Beautiful Steering Committee and acknowledgement of the outgoing volunteer member.

            Recommendation: 

            (a)        Approval of the appointment to the San José Beautiful Steering Committee of Russ Louthian and Cindy Sanders for a two-year term effective January 2004.

            (b)        Acknowledge the volunteer services of outgoing member Virginia Snyder.

            CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

5.4              Approval of actions for a grant for the Burbank/Del Monte Community Center.

            Recommendation:  Adoption of a resolution authorizing the City Manager to submit an application for funding under the State of California Urban Park Act of 2001 grant program in the amount of $3,000,000 for a proposed Burbank/Del Monte Community Center in Council District 6, and negotiate and execute all related documents necessary to receive the grant and, if awarded, accept the grant.  CEQA:  Exempt, File No. PP03-12-376.  Council District 6.  SNI: Burbank/Del Monte.  (Parks, Recreation and Neighborhood Services)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

6.2              Public Hearing and adoption of a resolution vacating a portion of Old Bayshore Highway.

            Recommendation:  PUBLIC HEARING and adoption of a resolution vacating a portion of Old Bayshore Highway west of North 13^th Street.  CEQA:  Exempt, PP03-02-043.  Council District 4.  (Public Works)

6.3              Public Hearing and adoption of a resolution vacating a portion of O’Nel Drive.

            Recommendation:  PUBLIC HEARING and adoption of a resolution vacating a portion of O’Nel Drive between Guadalupe Parkway and Karina Court and reserving a public service easement over the entire area and the sidewalk easement on both sides of O’Nel Drive.  CEQA:  Resolution to be adopted.  Council District 4.  (Public Works)

7     ENVIRONMENTAL & UTILITY SERVICES

8     AVIATION SERVICES

8.1              Approval of actions for the Airport’s North Concourse Building Projects.

*          Recommendation:

            (a)        (1)        Report on bids and take appropriate action based on the evaluation of bids for the Norman Y. Mineta San José International Airport North Concourse Building - Communication Cables Relocation (Package 0C), and approval of a ten percent contingency.

                        (2)        Approval to designate the Norman Y. Mineta San José International Airport North Concourse Building - Communication Cables Relocation (Package 0C) as a project subject to the terms of the San José International Airport Master Plan Project Labor Agreement.

                        CEQA:  Resolution Nos. 67380 and 71451, PP 03-10-313.  (Public Works/Airport). RECOMMEND DEFERRAL TO 1/27/04

            (b)        (1)        Report on bids and take appropriate action based on the evaluation of bids for the Norman Y. Mineta San José International Airport North Concourse Building, Gate A1-C Relocation Project (Package 0B), and approval of 15 percent contingency. 

                        (2)        Approval to designate the Norman Y. Mineta San José International Airport North Concourse Building, Gate A1-C (Package 0B) as a project subject to the terms of the San José International Airport Master Plan Project Labor Agreement.

                        CEQA:  Resolutions No. 67380 and 71451, PP 03-10-348.  (Public Works/Airport). RECOMMEND DEFERRAL TO 1/27/04

8.2              Approval of extensions for the Airport Taxicab Concession Agreements.

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute 180-day extensions to the Airport Taxicab Concession Agreements with Yellow Checker Cab Company, Inc. and United Taxicab Corporation from March 31, 2004 to September 27, 2004, on the same terms as the current concession agreements, to ensure uninterrupted taxicab service provision.  CEQA:  Resolutions No. 67380 and 71451, PP03-12-372.  (Airport/Transportation)

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

10.1     Redevelopment Agency and City Council Standing Committee and Board and Commission appointments.

*            Recommendation: Approval of the Redevelopment Agency and City Council Standing Committee and Board and Commission appointments.  (Mayor)

            (Rules in Lieu Referral 1/7/04)

·                   Closed Session Report

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

·                   Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.  Following Open Forum, Council will recess until 7:00 p.m.

11     PUBLIC HEARINGS

            (To be heard by the City Council at 7:00 p.m.)

11.1          Public Hearing and approval of an ordinance modifying Downtown Zoning Regulations.

            Recommendation:  PUBLIC HEARING on approval of an ordinance amending Chapter 20.70 of Title 20 of the San José Municipal Code by modifying the provisions of the Downtown Zoning Regulations.  CEQA:  Resolution No. 65459, PP03-05-169.  (Planning, Building, and Code Enforcement)

            (Continued from 6/3/03 – Item 11.3 et al., and 12/2/03 – Item 11.1)

*          TO BE HEARD CONCURRENTLY WITH ITEM 11.2. RECOMMEND CONTINUANCE TO 3/16/04

11.2          Public hearing on Director-initiated conventional rezoning of the property located within the area generally bounded 4^th Street, Interstate 280, State Route 87 (Guadalupe Parkway), and Bassett Street.

            Recommendation:  PUBLIC HEARING ON DIRECTOR-INITIATED CONVENTIONAL REZONING of the property located within the area generally bounded 4^th Street, Interstate 280, State Route 87 (Guadalupe Parkway), and Bassett Street, from CG General Commercial, R-M Multiple Residence, R-2 Two-Family Residence, LI Light Industrial Districts to DC Downtown Commercial District and DC-NT 1 Downtown Commercial-Neighborhood Transition 1 Districts, to allow mixed use, commercial, and residential uses on approximately 389 gross acres.  CEQA:  Resolution No. 65459.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).  (Planning, Building, and Code Enforcement)

            C 03-072 - District 3

            (Continued from 10/21/03 – Item 11.9 et al., and 12/2/03 – Item 11.3)

            TO BE HEARD CONCURRENTLY WITH ITEM 11.1. RECOMMEND CONTINUANCE TO 3/16/04

11.3          Public hearing on the appeal of the Planning Commission’s decision to deny a Conditional Use Permit.

            Recommendation:  PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to deny a Conditional Use Permit for an asphalt/concrete crushing and recycling facility in the HI Heavy Industrial Zoning District, located approximately 550 feet northerly of Commercial Street and 1000 feet westerly of Berryessa Road (11711 Berryessa Road) on a 1.7 gross acre site.  (Graniterock Company, Owner/Developer).  CEQA:  Mitigated Negative Declaration.  The Director of Planning recommends: (1) overturn the Planning Commission’s decision to deny the Conditional Use Permit and (2) adopt a resolution to approve a Conditional Use Permit with the inclusion of an additional condition that would require the applicant to redesign the project to be housed in a permanently enclosed and covered structure.

            CP 00-009 - District 4

11.4          Public hearing on conforming rezoning of the property located at 2195 Story Road.

            Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the north side of Story Road, approximately 290 feet southwesterly of Jackson Avenue (2195 Story Road).  (Story Road LLC, Joy Belli, Owner).  CEQA:  Resolution No. 65459.  SNI:  East Valley/680 Communities.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 03-085 - District 5

12     GENERAL PLAN PUBLIC HEARINGS

·                   Open Forum

·                   Adjournment - Adjourn in memory of Ms. Henrietta Del Buono

JOINT CITY OF SAN JOSÉ

CITY COUNCIL/FINANCING AUTHORITY

AGENDA

1:30 P.M.                    TUESDAY, JANUARY 13, 2004           CHAMBERS

1.         Call to Order

2.         Approval of various actions related to the New Civic Center.

            (a)        Recommendation:  Approval of non-construction operating start up plan and related costs for technology, furniture and equipment to facilitate the effective and efficient operation of the New Civic Center; approval of associated financing plan; and direct staff to review options and return by July 1, 2004 with a recommendation for an interim space use plan.  New Civic Center Project CEQA:  EIR Resolution No. 68905.  New Civic Center Parking Garage CEQA:  EIR Resolution No. 71743.  (City Manager's Office/Finance/General Services/Information Technology/Public Works)

            (b)        (1)        Conduct a Public Hearing of the City Council concerning the approval of the financing by the City of San José Financing Authority’s issuance of commercial paper and/or lease revenue bonds in order to finance certain public capital improvements of the City, consisting of an offsite parking garage for the new Civic Center and non-construction costs for technology, furniture, equipment and relocation services for the new Civic Center;

                        (2)        Adoption of a resolution of the City Council approving and authorizing execution of certain financing documents, and as required by Government Code Section 6586, determining that there will be significant public benefits accruing from such financing and authorizing certain related actions in connection with the financing of an offsite parking garage for the new Civic Center; technology, furniture, equipment and relocation services for the new Civic Center; and associated financing costs;

                        (3)        Adoption of a resolution of the City of San José Financing Authority authorizing the issuance of City of San José Financing Authority Tax-Exempt Lease Revenue Commercial Paper Notes (the “CP Notes”) in the not-to-exceed aggregate principal amount of $98,000,000 and authorizing execution of a Trust Agreement and certain financing documents, approving an Offering Memorandum, and authorizing certain related actions;

                        (4)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the Sewage Treatment Connection Fee Fund:

                                    (a)        Increase the estimate for Earned Revenue by $2,400,000 to reflect the repayment of the loan to the City Hall Renovation Construction Fund; and

                                    (b)        Increase the Reserve for Treatment Plant Expansion by $2,400,000;

                        (5)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the City Hall Renovation Construction Fund:

                                    (a)        Increase the estimate for Earned Revenue by $600,000 to reflect the Commercial Paper proceeds;

                                    (b)        Establish a Loan Repayment to the Sanitary Sewer Connection Fee Fund in the amount of $2,400,000; and

                                    (c)        Decrease the City Hall Renovation Construction Project by $1,800,000;

                        (6)        Adoption of the following appropriation ordinance and funding sources resolution amendments to establish the Interim City Facilities Improvements Fund to account for the procurement of programming and relocation services, purchase of technology, furniture and equipment, and improvements to existing facilities to implement the City’s interim space plan and:

                                    (a)        Increase the estimate for Earned Revenue by $1,600,000 to reflect Commercial Paper proceeds; and

                                    (b)        Establish an Interim City Facilities Improvements appropriation to the General Service Department in the amount of $1,600,000;

                        (7)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the Civic Center Construction Fund:

                                    (a)        Increase the estimate for Earned Revenue by $4,569,000 to reflect the Commercial Paper proceeds to fully fund the Civic Center construction project; and

                                    (b)        Increase the Reserve for Capital Improvements by $4,569,000.

                        (8)        Adoption of the following appropriation ordinance and funding sources resolution amendments to establish the Civic Center Improvements Fund to account for the non-construction improvements and relocation costs associated with the new Civic Center and:

                                    (a)        Increase the estimate for Earned Revenue by $45,250,000 to reflect Commercial Paper proceeds;

                                    (b)        Establish a Civic Center Technology Improvements appropriation to the Information Technology Department in the amount of $25,700,000;

                                    (c)        Establish a Civic Center Furniture, Equipment and Relocation appropriation to the General Services Department in the amount of $17,300,000; and

                                    (d)        Establish a Civic Center Non-Construction Contingency appropriation to the City Manager’s Office in the amount of $2,250,000;

                        (9)        Adoption of a resolution of the City Council delegating authority to the City Manager to award or enter into the following agreements:

                                    (a)        Determine the responsibility of construction contractors eligible to bid, award public works contracts, enter into and amend consultant contracts, establish and manage contingency funds within the budget and enter into related change orders for the New San José Civic Center Project and Civic Center Garage Project (together, the “Civic Center Project”) in an amount not to exceed the Civic Center Project budget of $343,000,000;

                                    (b)        Enter into agreements necessary to include the Civic Center Garage Project in the existing owner controlled insurance program for the New Civic Center Project; and

                                    (c)        Enter into contracts for public works, the purchase of technology, furniture, equipment and relocation services for the new Civic Center, in accordance with the provisions of the San José Municipal Code and the City’s procurement policies and procedures, in an amount not to exceed $45,250,000; and

                                    (d)        Enter into contracts for public works, the procurement of programming and relocation services, purchase of technology, furniture and equipment, and improvements to existing facilities to implement the City’s interim space plan, in accordance with the provisions of the San José Municipal Code and the City’s procurement policies and procedures, in an amount not to exceed $1,600,000.

                        New Civic Center Project CEQA:  EIR Resolution No. 68905.  New Civic Center Parking Garage CEQA:  EIR Resolution No. 71743.  (City Manager's Office/Finance/Public Works)

3.         Adjournment