SAN JOSE CITY COUNCIL

AMENDED AGENDA

MARCH 23, 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 Brenda Denise Brown who lost her courageous struggle with Cancer on March 11, 2004.

·                   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.

            Recommendation:  Approval of City Council Minutes for:

            (a)        Regular meeting of February 24, 2004

            (b)        Regular meeting of March 2, 2004

2.2              Final adoption of ordinances.

2.3              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 the Director of Public Works to negotiate 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 an amount not to exceed $22,000, and to execute any additional documents necessary to complete the transaction.  CEQA:  Exempt, PP03-07-230.  Council District 4.  (Public Works)

            (Deferred from 3/9/04 – Item 2.8)

2.4              Approval to amend a lease agreement at the Airport.

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to extend the term of an office lease with HMS Host through June 30, 2009, with a minimum annual revenue to the City in the amount of $45,525.  CEQA:  Resolution Nos. 67380 and 71451, PP04-03-067.  (Airport)

2.5              Approval to amend ground lease agreements at the Airport.

            Recommendation: 

            (a)        Approval of a first amendment to the Ground Lease with AvBase San José L.L.C. to re-configure the leased premises with no increase in the total square footage, and to modify provisions regarding compliance with the City’s Airport curfew to be consistent with curfew provisions in all three Fixed Based Operator (FBO) agreements at the Airport.

            (b)        Approval of a first amendment to the Ground Lease with ACM Aviation LLC to modify provisions regarding compliance with the City’s Airport curfew to be consistent with curfew provisions in all three FBO agreements at the Airport.

            (c)        Approval of a seventh amendment to the Ground Lease with San José Jet Center to modify provisions regarding compliance with the City’s Airport curfew to be consistent with curfew provisions in all three FBO agreements at the Airport.

            CEQA:  Resolution Nos. 67380 and 71451, PP04-02-056.  (Airport)

2.6              Acceptance of the 2004 Public Art Workplan. 

            Recommendation:  Acceptance of the 2004 Public Art Workplan.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment)
Attachment A

2.7              Approval of an agreement for an artwork at Emma Prusch Park.

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Gloria Bornstein to fabricate and install public artwork at Emma Prusch Park, for an amount not to exceed $86,160.  CEQA:  Exempt, PP04-01-007.  (Conventions, Arts and Entertainment)

2.8              Approval of fiscal actions for a National Emergency Grant allocation in the Workforce Investment Act Fund.

            Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in the Workforce Investment Act Fund (290):

            (a)        Establish an appropriation for High Technology National Emergency Grant to the Office of Economic Development, in the amount of $1,191,165.

            (b)        Establish an appropriation for Transportation National Emergency Grant to the Office of Economic Development, in the amount of $396,613.

            (c)        Increase Grant Revenue in the amount of $1,587,778.

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

2.9              Approval of an agreement for the Route 237 Eastbound Bridge Water Main.

*          Recommendation:  Adoption of a resolution authorizing the City Manager to execute an agreement with the Santa Clara Valley Water District (SCVWD) for the relocation of the Route 237 Eastbound Bridge Water Main for a total cost not to exceed $207,930.  CEQA:  Santa Clara Valley Water District Final Environmental Impact Report for the Lower Guadalupe River Flood Protection Project.  Council District 4.  (Environmental Services)

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 2003-2004 #16, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

2.11          Approval of an agreement to purchase property located at 3710 Stevens Creek Boulevard.

            Recommendation:  Approval of an agreement with the Estate of John T. Abeloe, for the purchase of a portion of property located at 3710 Stevens Creek Boulevard and a temporary construction easement on adjacent property, in the amount of $12,500.  CEQA:  Exempt, PP02-01-001.  Council District 1.  (Public Works)

2.12          Approval of an agreement for the New Civic Center Project.

            Recommendation:  Approval of an agreement with San José Water Company for design, engineering and installation of water services for the New Civic Center Project in the amount of $150,582.  CEQA:  Civic Plaza Redevelopment Plan, Resolution No. 68905, PP98-03-072.  (Public Works)

2.13          Acceptance of the San José Arena Authority’s Fiscal Year 2002-2003 Annual Report.

            Recommendation:  Acceptance of the San José Arena Authority’s Fiscal Year 2002-2003 Annual Report.  CEQA:  Not a Project.  (San José Arena Authority)

2.14            Approval to amend the lease for the San José Unified School District’s use of City owned land adjacent to Watson Park.

*          Recommendation:  Approval of an amendment to the lease between the City of San José and the San José Unified School District for District's use of 3.316 acres of City owned land adjacent to Watson Park, extending the term of the lease by 35 years to June 30, 2048.  CEQA:  Exempt, PP04-02-029.  Council District 3.  SNI:  13^th Street.  (General Services)

            (Deferred from 3/16/04 – Item 2.6)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – March 10, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review March 23, 2004 Draft Agenda

                        (2)        Add New Items to March 16, 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

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Request the City of San José take a position on the closure plan of Agnews Developmental Center

            (h)        Oral communications

            (i)         Adjournment

3.2       Report of the Rules Committee  (Partial)

            Vice Mayor Dando, Chair

            Meeting of March 17, 2004

            (c)            Legislative Update

                        (1)            State

                                    (a)            Request to support “The Local Tax Payers and Public Safety Protection Act”

3.3              Report of the Making Government Work Better Committee – March 10, 2004

            Council Member Campos, Chair
Summary

*          (a)        Investment Report – Follow-Up to Meeting of February 11, 2004 - SEE ITEM 3.8 FOR COUNCIL ACTION TO BE TAKEN

            (b)        Public Works Real Estate Division Audit

            (c)        Report on Culture Change Efforts in the City Organization for the New City Hall and “One Voice” Project

            (d)        City Clerk One-Stop Shop Status Report

            (e)        Discussion of Additional Streamlining Opportunities to the Streamlining Ordinance

            (f)         Discussion of the Bureau of Fire Prevention Audit Outcomes

*          (g)        Continued Discussion of the Update of Major Information Technology

Projects (Customer Relationship Management, Utility Billing System, Partner Relationship Management)

            SEE ITEM 3.9 FOR COUNCIL ACTION TO BE TAKEN

            (h)        Oral petitions

            (i)         Adjournment

3.4              Approval of actions related to the March 2, 2004 and November 2, 2004 Elections.

*          Recommendation:  Adoption of a resolution:

            (a)        Declaring results of the March 2, 2004 Municipal Election pursuant to Elections Code Section 15400; and,

            (b)        Calling for a Run-Off Election to be held November 2, 2004, setting a deadline of August 3, 2004 for ballot measures to be added to the ballot, and      authorizing the City Clerk to take such actions necessary to facilitate the Election.

            (Acting City Clerk)

3.5              Acceptance of the 2003 San José Community Survey and FY 2003-04 City Service Area Performance Report.

            Recommendation:  Acceptance of:

            (a)        The report of results from the 2003 San José Community Survey; and

            (b)        The Mid-Year 2003-2004 City Service Area Performance Report.

            (City Manager’s Office)

3.6             Approval of 2003-04 General Fund 100 Vacant Positions Elimination Plan.

*          Recommendation: 

            (a)        Approval of the 2003-04 General Fund 100 Vacant Positions Elimination Plan recommended in the memorandum and detailed in Attachment A.

            (b)        Direction to staff to utilize the $5.4 million in 2004-2005 cost savings associated with the elimination of the 100 positions (not including Council Appointees) towards reducing the projected 2004-2005 General Fund shortfall.

            (City Manager’s Office)

            (Referred from 2/17/04 – Item 10.1)
Supplemental
Supplemental 2

3.7            Various actions related to the adoption of a position to oppose the placement of Cary Verse in San José.

*          Recommendation:  Approval of various actions related to adopting a position to oppose the placement of Cary Verse in San José.  (Dando, Gregory, Williams; Mayor)

            (Rules Committee referral 3/17/04)

3.8            Approval to revise the City of San José Investment Policy to change the frequency of the investment reporting.

*          Recommendation:  Adoption of a resolution to revise the City of San José Investment Policy to change the frequency of the investment reporting as follows:

            (a)        From the current monthly detailed reporting format to a quarterly report.

            (b)        An abbreviated monthly investment report to be distributed through an electronic means to the City Council.

            CEQA:  Not a Project.  (Finance)

            [Making Government Work Better Committee referral 3/10/04 – Item 3.3(a)]

3.9            Approval of actions related to the acceptance of the modified report for the CUSP Project.

*          Recommendation:  Acceptance of the modified report for the CUSP Project as directed by the Making Government Work Better Committee and direction to staff to proceed with the CUSP RFP process and return to Council by the end of April with a recommended vendor for the purpose of procuring a software solution for an integrated utility billing, customer service, and performance monitoring system.  (Finance)

            [Making Government Work Better Committee referral 3/10/04 – Item 3.3(g)]
Attachment A
Supplemental

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 actions for the Ice Centre of San José (Logitech Ice).  (Economic Development Strategy Initiative 12)

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute:

            (a)        An Expansion Agreement with San José Arena Management LLC, a California limited company regarding the construction and financing of the second expansion to the Ice Centre of San José (Logitech Ice); and

            (b)        The Amended and Restated Lease and Management Agreement with San José Arena Management LLC, for the operation and management of the Ice Centre of San José.

            CEQA:  Negative Declaration, File No. H-93-06-038 and add addenda thereto, File No. HO3-035.  (Economic Development)

            (Deferred from 3/9/04 – Item 4.3)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee – March 11, 2004

            Council Member Yeager, Chair
Summary

            (a)        Civic Center Childcare Update

            (b)        Update on the Early Child Care and Education Master Plan

·        No Child Left Behind Act

·        Linkages with County Collaborative on Education

·        Strategy on Achieving Master Plan Goals

            (c)        Report on School Traffic Safety Program

            (d)        Safe School Program Update

            (e)        Oral petitions

            (f)         Adjournment

5.2              Approval to award a contract for the Lone Bluff Mini-Park Project.

            Recommendation: 

            (a)        Report on bids and award of contract for Lone Bluff Mini-Park Project to the low bidder, Lone Star Landscape, Inc., in the amount of $498,100, and approval of a contingency in the amount of $24,900.

            (b)        Adoption of the following appropriation ordinance amendments in the Council District 7 Construction & Conveyance Tax Fund

                        (1)        Increase the Lone Bluff Mini-Park Project by $150,000.

                        (2)        Decrease the Ending Fund Balance by $150,000.

            CEQA:  Resolution No. 69623, and addenda thereto, H03-029.  Council District 7.  (Public Works/Parks, Recreation and Neighborhood Services/City Manager's Office)

6     TRANSPORTATION SERVICES

*6.1       Report of the Building Better Transportation Committee – March 1, 2004

            (a)        Expansion and Improvement of Transit and Transportation Systems

                        (1)            Taxicab Service Model Report

            (b)        Traffic Relief/Safe Streets

                        (1)            Traffic Calming Program and Public Education Campaign “Street Smarts”

                        (2)            Review of Proposed Transportation Development Act (TDA) Grants for Bicycle/Pedestrian Projects

            (c)        Supporting Smart Growth

                        (1)            No items

            (d)        Regional Relationships/Funding/Policy

                        (1)            Freeway Litter Abatement Report

                        (2)            Update on the Santa Clara Valley Transportation Authority (VTA), Valley Transportation Plan (VTP) 2030

            (e)        Oral petitions

            (f)         Adjournment

Summary

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Public Hearing on the vacation of a 60-foot wide Storm Drain Easement at Almaden Avenue and Woz Way.

            Recommendation:  PUBLIC HEARING and adoption of a resolution vacating a 60-foot wide Storm Drain Easement on the northwest corner of Almaden Avenue and Woz Way.  CEQA:  Resolution Nos. 64273 and 68839 and addendum thereto, RH00-05-005.  Council District 3.  (Public Works)

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          Public Hearing and adoption of the FY 2004-2005 Mayor's March Budget Message.

            Recommendation:  PUBLIC HEARING and approval of the FY 2004-2005 Mayor's March Budget Message.  (Mayor)

10.2          Approval of an ordinance and adoption of resolutions affecting the City’s and Redevelopment Agency’s Revenue Generating Policies.

            Recommendation: 
            Attachment

            (a)        Approval of an ordinance by the City Council modifying Section 4.01.010 of Chapter 4.01, and amending Sections 4.04.010 and 4.04.020 of Chapter 4.04 of Title 4 of the San José Municipal Code, making changes necessary to implement the Revenue Generating Policy adopted by City Council on January 20, 2004;

            (b)        Adoption of a resolution by the City Council revising the Revenue Generating Policy pursuant to City Council direction at the meeting of January 20, 2004;

            (c)        Adoption of a resolution by the Agency Board approving the Redevelopment Agency’s Revenue Generating Policy; and

            (d)        Adoption of a resolution by the Agency Board amending Article II, Section 4.A of the Agency By-Laws to authorize the Executive Director to accept donations and enter into Sponsorship Agreements in an amount not to exceed $100,000.

            (City Attorney’s Office)

            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 -

* This meeting is adjourned in memory of Nancy Spencer, former employee of the Departments of Employee Services and Environmental Services, who served the City of San José for 24 years; and in memory of Brenda Denise Brown who lost her courageous struggle with Cancer on March 11, 2004.