SAN JOSE CITY COUNCIL

AMENDED AGENDA

FEBRUARY 10, 2004

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 2)

Valley Christian Junior High School, 8^th grade student, Emma Lyle

* ADJOURNMENT: This meeting will be adjourned in memory of Casey Bennett, brother of Council Member Judy Chirco.

· 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 CEREMONIAL ITEMS

2 CONSENT CALENDAR

Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, staff, or public requests discussion on a particular item, that item will be removed from the Consent Calendar and considered separately.

2.1 Approval of Minutes.

Recommendation: Approval of City Council Minutes for:

(a) Regular meeting of October 28, 2003

(b) Joint Council/Redevelopment Agency meeting of October 28, 2003

(d) Regular Meeting of November 18, 2003, and Special Study Session

(e) Joint Council/Redevelopment Agency meeting of November 18, 2003

(f) Regular meeting of November 25, 2003

(g) Joint Council/Redevelopment Agency meeting of November 25, 2003

(h) Joint Council/Redevelopment Agency/Financing Authority of November 25, 2003

(i) Regular meeting of December 2, 2003

(j) Joint Council/Redevelopment Agency meeting of December 2, 2003

(k) Regular meeting of December 9, 2003

(l) Joint Council/Redevelopment Agency meeting of December 9, 2003

2.2 Final adoption of ordinances.

2.3 Approval of an agreement for reimbursement to the City for lease space for the Airport’s administrative offices.

Recommendation: Approval of a third amendment to the office lease with RNM First Street Center, LP ("RNM") for Airport Administrative Offices, located at 1732 N. First Street, to provide for reimbursement by RNM to the City for the cost of painting and carpeting a portion of the leased premises in an amount not to exceed $76, 283. CEQA: Resolution Nos. 67380 and 71451, PP 04-01-008. (Airport)

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

Recommendation:

(a) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Eden Avenue Traffic Calming Improvements Project with a net impact to the fund of $74,750.

(b) Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Eden Avenue Traffic Calming Improvements Project.

CEQA: Not a Project. Council District 1. SNI: Winchester. (City Manager’s Office)

2.5 Approval to submit an application to the California Integrated Waste Management Board.

Recommendation: Adoption of a resolution authorizing the City Manager to submit an application to the California Integrated Waste Management Board for re-designation of the City of San José as a Recycling Market Development Zone . CEQA: Negative Declaration, PP 03-12-373. (Environmental Services)

2.6 Approval to award a contract for the Carrabelle Park Play Area Improvements Project.

Recommendation: Report on bids and award of contract for the Carrabelle Park Play Area Improvements Project to the low bidder, Lone Star Landscape, Inc., in the amount of $144,700, and approval of a contingency in the amount of $8,000. CEQA: Exempt, PP03-12-380. Council District 10. (Public Works/Parks, Recreation and Neighborhood Services)

2.7 Acceptance of the San José Arena Authority Ticket Distribution Program Report.

Recommendation: Acceptance of the Fourth Quarter 2003 San José Arena Authority Ticket Distribution Program Report. CEQA: Not a Project. (San José Arena Authority)

2.8 Approval to initiate General Plan text and Land Use diagram amendments regarding recycling facilities.

Recommendation: Approval to initiate General Plan text and Land Use diagram amendments regarding recycling facilities and direct staff to draft such language for Council consideration at the June 1, 2004 General Plan hearing. (Reed)

3 STRATEGIC SUPPORT SERVICES

3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – January 28, 2004

Vice Mayor Dando, Chair

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

(b) City Council

(1) Review February 10, 2004 Draft Agenda

(2) Add New Items to February 3, 2004 Amended Agenda

· Mayor and Council Member Requests

· City Manager Requests

· City Attorney Requests

· City Clerk Requests

(3) List of Reports Outstanding

(1) State

(2) Federal

(d) Meeting Schedules

(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. COUNCIL ACTION TAKEN ON 2/3/04 – Item 3.4

(h) Oral communications

(i) Adjournment

*3.2 Report of the Rules Committee

Vice Mayor Dando, Chair

Meeting of February 4, 2004

(3) Approve a support position for Regional Measure 2, The Regional Traffic Relief Plan, on the March 2, 2004 State Primary ballot

SEE ITEM 3.5 FOR COUNCIL ACTION TO BE TAKEN

3.3 Report of the Making Government Work Better Committee

Council Member Campos, Chair

3.4 Approval of the 2003-2004 Mid-Year Budget Review Report.

Recommendation:

(a) Approval of the 2003-2004 Mid-Year Budget Review.

(b) Adoption of related appropriation ordinance and funding sources resolution amendments for the 2003-2004 Mid-Year Budget Review.

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

* (c) Addition of one net position as detailed in the 2003-2004 Mid-Year Budget Review.

DEFERRED TO 2/17/04

(Rules Committee referral 2/4/04)

RECOMMEND DEFERRAL TO 2/17/04

3.5 Approve a support position for Regional Measure 2.

* Recommendation: Approve a support position for Regional Measure 2, The Regional Traffic Relief Plan, on the March 2, 2004 State Primary ballot.

[Rules Committee referral 2/4/04 – Item 3.2(c)(3)]

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 – January 26, 2004

Council Member Williams, Chair
Summary

(a) Discussion on the goals and targets of the Development Fee Program

(b) State and Federal regulations impacting San José Business

(d) Adjournment

4.3 Approval of actions for the City’s Affordable Housing Development Program.

Recommendation: Adoption of a resolution:

(a) Approving a strategy to provide for the ongoing funding of the City’s affordable housing programs, including rental housing development, first-time homebuyer programs, and housing rehabilitation activities.

(b) Approving project threshold criteria and a weighting system for scoring proposed developments upon which to base future funding-commitment recommendations for affordable housing development projects.

CEQA: Not a Project. (Housing)

RECOMMEND DEFERRAL TO 2/24/04

5 RECREATION & CULTURAL SERVICES

5.1 Report of the All Children Achieve Committee

Council Member Yeager, Chair

5.2 Approval to award a contract for the Plaza de Cesar Chavez Electrical Upgrades Rebid Project.

Recommendation: Report on bids and award of contract for the Plaza de Cesar Chavez Electrical Upgrades Rebid Project to the low bidder, Edward W. Scott Electric Co., Inc., for the base bid in the amount of $1,421,500, and approval of a contingency in the amount of $175,000.y. CEQA: Exempt, PP03-06-202. Council District 3. (Public Works/Parks, Recreation and Neighborhood Services)

*5.3 Approval of actions for the Almaden Community Center Lease.

(a) Adoption of a resolution authorizing the City Manager to negotiate and execute a lease with Garrett Rajkovich for space located at 6475 Camden Avenue, to provide interim program space for the Almaden Community Center, for a period not to exceed 18 months, with a total rental amount not to exceed $99,576, and an additional $35,724 will be required for tenant improvements, communication, and moving costs.

(b) Adoption of the following appropriation ordinance amendments in the General Fund:

(1) Establish a City-wide appropriation to the Parks, Recreation and Neighborhood Services Department for the Almaden Community Center Lease for $135,300;

(2) Decrease the Hoffman/Via Monte Neighborhood Center Project by $135,300.

CEQA: Exempt, PP03-12-392. Council District 10. SNI: Hoffman/Via Monte. (Parks, Recreation and Neighborhood Services/City Manager’s Office)

(Rules Committee referral 2/4/04)

RECOMMEND DEFERRAL TO 2/17/04
* DROP

6 TRANSPORTATION SERVICES

6.1 Report of the Building Better Transportation Committee

Council Member Cortese, Chair

7 ENVIRONMENTAL & UTILITY SERVICES

7.1 Public Hearing and approval of an ordinance establishing an Underground Utility District on Stevens Creek Boulevard between Calvert Drive and Stern Avenue.

Recommendation: Public Hearing and approval of an ordinance establishing a Rule 20A Underground Utility District on Stevens Creek Boulevard between Calvert Drive and Stern Avenue. CEQA: Exempt, PP03-12-375. Council District 1. (Public Works)

8 AVIATION SERVICES

9 PUBLIC SAFETY SERVICES

10 JOINT COUNCIL/REDEVELOPMENT AGENCY

· 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:

None.

In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

None

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

· Adjournment

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