SAN JOSE CITY COUNCIL

AMENDED AGENDA

MARCH 9, 2004

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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

 *            Adjournment:  This meeting will be adjourned in memory of Clair Normandin, long-time San Jose business owner; and in memory of Barbara Jensen, mother of Peter Jensen, employee in the City Manager’s Office.

·                   Invocation (District 3)

·                   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.

2.2              Final adoption of ordinances.

2.3              Approval to purchase a fire station alert system.

*          Recommendation:  Report on a Request for Proposal (RFP) and adoption of a resolution authorizing the Director of General Services to:

            (a)        Execute an agreement with Mobile Radio Engineers LLC, d.b.a. Day Wireless Systems for the purchase of a fire station alert system, for a total cost of $129,024.44, including delivery, installation, training, tax, and one year of maintenance and support; and

            (b)        Execute change orders in an amount not to exceed a 5% contingency to cover unanticipated changes in the system design and/or installation.  CEQA:  Not a project. 

            (General Services)

2.4              Approval to donate a Chevrolet Suburban Utility Vehicle to the Santa Clara County Black Fire Fighters Association.

            Recommendation:  Adoption of a resolution authorizing the Director of General Services to execute all documents necessary for the donation of one Chevrolet Suburban Utility Vehicle with a total estimated value of $5,100 to the Santa Clara County Black Fire Fighters Association.  CEQA:  Not a Project.  (General Services)

2.5              Approval to submit a grant application for Proposition 40 funds for the Coyote Creek Trail Development. 

*          Recommendation:  Adoption of a resolution authorizing the City Managerto submit a grant application, in an amount up to $370,000, for Coyote Creek Trail, and negotiate and execute all necessary documents for Proposition 40 funds:  The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002.  CEQA:  Not a Project.  Council District 7.  SNI:  Spartan/Keyes.  (Parks, Recreation and Neighborhood Services) 

2.6              Approval of various actions related to a Historic Landmark initiation.

            Recommendation:  Adoption of a resolution to:

            (a)        Initiate proceedings to consider the Nevills-Campisi House (84 S. Sixth Street) a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature, HL03-149.

            (b)        Set a public hearing on April 27, 2004 at 1:30 p.m.

            (c)        Refer the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report and recommendation.

            CEQA:  Exempt, File No. HL03-149.  Council District 3.  SNI: 13^th Street.  (Planning, Building and Code Enforcement)

2.7              Approval of purchase agreements for the City’s right-of-way along North White Road between McKee and Mabury Roads.

*          Recommendation:  Approval of 14 purchase agreements for real property along North White Road between McKee and Mabury Roads, together with immediate rights of entry on each of the 13 properties, for a total amount of $383,550, and authorization for the Director of Public Works to execute any additional documents necessary to complete these transactions.  CEQA:  Negative Declaration, PP03-11-355.  Council District 5.  (Public Works)

2.8              Approval of an agreement for the purchase of land located at the River Oaks Reach of the Coyote Creek Trail.

            Recommendation:  Adoption of a resolution authorizing the Director of Public Works to approve and execute an agreement with the State of California for the purchase of an easement over a portion of land located at the River Oaks Reach of the Coyote Creek Trail between State Route 237 and the Montague Expressway in the amount of $22,000, and to execute any additional documents necessary to complete the transaction.  CEQA:  Exempt, PP03-07-230.  Council District 4.  (Public Works)
*RECOMMEND DEFERRAL TO 3/23/04

2.9              Approval to summarily vacate a portion of Palmilla Drive and the Public Service Easement on both sides of Palmilla Drive between Rio Robles East and Descanso Drive. 

            Recommendation:  Adoption of a resolution summarily vacating a portion of Palmilla Drive and the Public Service Easement (PSE) on both sides of Palmilla Drive between Rio Robles East and Descanso Drive.  CEQA:  Resolution No. 68667 and Addenda hereto, PDC03-043.  Council District 4.  (Public Works)

2.10     Acceptance of the Office of the City Auditor’s monthly reports.

*          Recommendation: 

            (a)        Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through February 15, 2004.

            (b)        Acceptance of the findings reports from Kafoury, Armstrong, & Company, LLP for the quarter ending September 30, 2003, relating to the Bay 101 Conditional Approval of Stock Transfer.

            (City Auditor)

            (Rules Committee referral 3/3/04)

2.11     Approval of a continuation agreement for legal services with Bingham McCutchen.

*           Recommendation: 

            (a)        Adoption of a resolution authorizing the City Attorney to negotiate and execute a continuation agreement with Bingham McCutchen LLP (formerly McCutchen, Doyle, Brown & Enersen, LLP) for litigation support services related to the development of the North Coyote Valley Industrial Campus Area, extending the total amount not to exceed $652,272.46, with all funds paid by the developer.

            (b)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the Construction Excise Tax Fund:

                        (1)        Increase the appropriation to the Department of Public Works for the Cisco: North Coyote Valley Improvements Project in the amount of $152,273.

                        (2)        Increase the estimate for Earned Revenue by $152,273.

            CEQA:  Not a Project.  Council District 2.

            (City Attorney’s Office/City Manager's Office)

            (Rules Committee referral 3/3/04)

2.12     Approval of actions related to a grant application for the Tully-Senter School Hub Project.

*            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) setting forth the proposed form of lease agreement the City would propose to enter into with the Franklin-McKinley School District for a term of at least 20 years.  CEQA:  Exempt, PP03-12-370.  Council District 7.  SNI:  Tully-Senter.  (Parks, Recreation and Neighborhood Services)

            (Rules Committee referral 3/3/04)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – February 25, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review March 9, 2004 Draft Agenda

                        (2)        Add New Items to March 2, 2004 Amended Agenda

·        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)        Report on Proposed State Bills Pertaining to Megan’s Law

                                                HEARD BY COUNCIL ON 3/2/04

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        City Attorney’s response to Council Member Cortese’s request to expand the role of Project Diversity Screening Committee and request for Proposition 209 history

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

*3.4       Direction to the City Attorney to draft an implementing ordinance for Measure D.

            Recommendation:   Direct the City Attorney to draft an implementing ordinance for Measure D.  (Mayor/Reed)

            (Rules Committee referral 3/3/04)

*3.5       Employment benefits and certification of same sex marriages by other jurisdictions.

            Recommendation:  Approval of:

            (a)        Recognize all marriages of our City employees certified by other jurisdictions.

            (b)        Direction to staff to make any necessary changes to our benefits policies to ensure that all marriages of our City employees certified by other jurisdictions are treated equally and fairly.

            (Mayor/Yeager)

            (Rules Committee referral 3/3/04)
Memo from Vice Mayor Dando and Council Members Reed & Williams
Memo from City Attorney

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 – February 23, 2004

            Council Member Williams, Chair

            (a)        Report on the Workforce Investment Network

            (b)        Oral communications

            (c)        Adjournment
Summary

4.3              Approval of actions for the Ice Centre of San José (Logitech Ice).  (Economic Development Strategy Initiative)

            Recommendation: 

            (a)        Approval of an Expansion Agreement with San José Arena Management LLP, regarding the construction and financing of the second expansion to the Ice Centre of San José (Logitech Ice).

            (b)        Approval of the Amended and Restated Lease and Management Agreement with San Jose Arena Management LLP for the operations and management of the Ice Centre of San José (Logitech Ice). 

            (Economic Development)
*RECOMMEND DEFERRAL TO 3/23/04

4.4              Approval of actions related to an acquisition of property located on Story Road.

            Recommendation:  Adoption of a resolution:

            (a)        Determining that public use and necessity require the acquisition of a portion of the property located at 888 Story Road, owned by Dennis K. Nazloo and Tony A. Gevergiz.

            (b)        Finding that: 

                        (1)        The property to be taken is necessary for the completion of the Story Road Widening Project (Senter Road to McLaughlin Avenue);

                        (2)        The proposed project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury;

                        (3)        City staff established an amount of just compensation not less than the approved appraisal of the fair market value;

                        (4)        City staff presented an offer to the owners for the full appraised amount; and

                        (5)        The proposed taking and use are authorized by law.

            (c)        Directing the City Attorney to file an eminent domain action to acquire the above property interests.

            CEQA:  Exempt, PP02-11-333.  Council District 7.  (Public Works)
*DROP

4.5              Acceptance of the workplan related to the procurement of technology, furniture, equipment, and relocation services for the New Civic Center. 

*            Recommendation:  Acceptance of the workplan for implementation of City Council direction to pursue savings in the procurement of technology, furniture, equipment, and relocation services for the New Civic Center.  CEQA:  New Civic Center project:  Resolution No. 68905; New Civic  CEQA:  New Civic Center Parking Garage:  Resolution No. 71743.  (City Manager’s Office/Public Works/Information Technology/Finance/General Services)

            (Council referral 2/3/04 – Item 4.3)
Supplemental
Supplemental Attachment A

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

7     ENVIRONMENTAL & UTILITY SERVICES

8     AVIATION SERVICES

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1 AND 10.2 IN A JOINT SESSION

10.1          Acceptance of the quarterly CIP and SNI status reports.

            Recommendation:  Acceptance of the quarterly report on the Citywide Capital Improvement Program (CIP), including park, library, public safety bond projects, and Strong Neighborhoods Initiative (SNI) Projects.  CEQA:  Not a Project.  (City Manager’s Office/Redevelopment Agency)

*10.2         Acceptance of the status report regarding Getting Families Back to Work.

            Recommendation: 

            (a)        Acceptance of the status report on Getting Families Back to Work efforts, and acceptance of the “One List” as a tracking method for progress of the City’s work related to Getting Families Back to Work directives and the Economic Development Strategy.

            (b)        Acceptance of the estimates of the financial impact of the Getting Families Back to Work directives.

            (City Manager’s Office)

            (Council referral 12/16/03 – Item 4.4)

            ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

·                   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