CSJ Council Minutes Meeting Agenda, April 22, 2003

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, APRIL 22, 2003

The Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.

Present: Council Members - Campos, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales

Absent: Council Members - Chavez – (Excused).

Upon motion unanimously adopted, Council recessed at 9:30 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (A) to discuss existing litigation in the cases of (1) City of San José v. State of California (2) Nguyen v. City of San José, et al; (3) In Re: Comcast, and to confer with Legal Counsel regarding anticipated litigation of six matters where there is significant exposure to litigation pursuant to Subsection (B) of Section 54956.9 of the Government Code.

By unanimous consent, Council reconvened from the Closed Session and recessed at 11:00 a.m. and reconvened at 1:35 p.m. in the Council Chambers.

Present: Council Members - Campos, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales

Absent: Council Members - Chavez – (Excused).

Invocation

Narinderpal Singh of the Sikh Gurdwara of San José delivered the Invocation. (District 4)

Pledge of Allegiance

Mayor Gonzales led the Pledge of Allegiance.

Orders of the Day

Upon motion by Vice Mayor Dando, seconded by Council Member Williams, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: Chavez.

CEREMONIAL ITEMS

1.1 Presentation of plaques to Alexander Berger for 2 years 5 months service on the Youth Commission; to Marin Arreola for 4 years service on the Small Business Development Commission; to Chandrakant Ghantiwala for 2 years 9 months service on the Small Business Development Commission; and to Tim Wilson for 2 years 6 months service on the Downtown Parking Board. (Mayor)

Documents Filed: None.

Discussion/Action: Mayor Gonzales at the podium presented plaques to Alexander Berger, Youth Commission, Chandrakant Ghantiwala, Small Business Development Commission, for their years of service on various commissions and boards. Plaques will be sent to Marin Arreola, Small Business Development Commission, and Tim Wilson, Downtown Parking Board, who were absent.

1.2 Presentation of a proclamation recognizing the Sikh Gurdwara of San José and the upcoming celebration of Vaisakhi Day on April 26, 2003. (Reed)

(Rules Committee referral 4/16/03)

Documents Filed: None.

Discussion/Action: Mayor Gonzales was joined by Council Member Reed in presentation of a proclamation recognizing the Sikh Gurdwara of San José and the upcoming celebration of Vaisakhi Day on April 26, 2003, which celebrates the welcoming of the New Year, and the day which marks the start of the agricultural year. Narinderpal Singh accepted the proclamation on behalf of the Sikh Durdwara of San José.

1.3 Presentation of a proclamation declaring the month of April “Sexual Assault Awareness Month.” (Dando)

(Orders of the Day)

Documents Filed: None.

Discussion/Action: Mayor Gonzales was joined by Vice Mayor Dando, and Council Member LeZotte in presentation of a proclamation declaring April as “Sexual Assault Awareness Month” and accepting the proclamation was Dr. Keri McLain, Executive Director of the YWCA and Sandy Davis, Director of the Rape Crisis Center.

CONSENT CALENDAR

Upon motion by Vice Mayor Dando, seconded by Council Member Cortese, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 10-0-1-0. Absent: Chavez.

2.1 Approval of City Council Minutes for:

(a) Regular meeting of August 27, 2002

(b) Joint City Council/Redevelopment Agency Board meeting of August 27, 2002

Documents Filed: Minutes of Regular City Council meeting of August 27, 2002, and Joint City Council/Redevelopment Agency Board meeting of August 27, 2002.

Discussion/Action: The minutes were approved. Vote: 10-0-1-0. Absent: Chavez

2.2 (a) Final adoption of Ordinance No. 26866 amending Chapter 2.08 of Title 2 of the San José Municipal Code to repeal Part 18 and add a new Part 25 to reflect a change in the name of the Child Care Commission to the Early Care and Education Commission, and to increase the number of members of the Commission.

Documents Filed: Proof of Publication of the title of Ordinance No. 26866, executed on April 15, 2003, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26866 was adopted. Vote: 10-0-1-0. Absent: Chavez

2.3 Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a grant from the Federal Aviation Administration to be used to defray the cost of design, procurement, and installation of the In-Line Baggage Screening System for the proposed North Concourse at the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager’s contract authority of $100,000. CEQA: Resolution No. 67380, PP 03-03-095. (Airport)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated April 2, 2003, recommending adoption of said resolution authorizing the City Manager to apply for and execute upon receipt, a grant from the Federal Aviation Administration.

Discussion/Action: William Garbett spoke on the item. Resolution No. 71503, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Apply for and Execute Upon Receipt a Grant From the Federal Aviation Administration to Defray the Cost of the in-Line Baggage Screening System for the Proposed North Concourse at the Norman Y. Mineta San José International Airport in an Amount in Excess of the City Manager’s Contract Authority of $100,000”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.4 Approval to:

(a) Set May 27, 2003 at 1:30 p.m. as the date and time for the public meeting to consider adoption of a resolution of intention to levy increased assessments in the Downtown Business Improvement District for Fiscal Year 2003-2004;

(b) Set June 17, 2003 at 1:30 p.m. as the date and time for the public hearing on the levy of increased assessments for FY 2003-04; and

CEQA: Exempt, PP02-05-123. Council District 3. SNI: St. James, University, Josefa/Auzerais, Burbank/Del Monte. (Economic Development)

Documents Filed: (1) Supplemental memorandum from Economic Development Director Paul Krutko, dated April 15, 2003, providing information that the Downtown BID’s Advisory Board approved both the final budget and assessment schedule and the proposed increases to assessments in the BID at their April 11, 2003 meeting. (2) Memorandum from Economic Development Director Paul Krutko, dated April 2, 2003, recommending direction to the City Clerk to publish the required notice of the public meeting and public hearing setting of dates and times for a public meeting and public hearing on the levy of increased assessments for FY 2003-2004 for the Downtown Business Improvement District.

Discussion/Action: The setting of dates and times for a public meeting and public hearing on the levy of increased assessments for FY 2003-2004 for the Downtown Business Improvement District; and direction to the City Clerk to publish the required notice of the public meeting and public hearing were approved. Vote: 10-0-1-0. Absent: Chavez.

2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #30, and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project. (General Services)

Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated April 2, 2003, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders for FY 2002-2003 #30 was approved and the Director of General Services was authorized to execute the purchase orders. Vote: 10-0-1-0. Absent: Chavez.

2.6 Adoption of a resolution authorizing the Director of General Services to negotiate and execute an agreement granting a Temporary Construction Easement (TCE) to the Santa Clara Valley Water District (SCVWD) over a portion of Plata Arroyo Park for the purpose of widening and improving the existing flood control levee and parkland improvements, and delegation of authority to the Director of General Services to execute all documents necessary to complete transfer of the easements. CEQA: Negative Declaration, PP03-04-017. Council District 5. (General Services)

Documents Filed: Memoranda from Director of General Services, Jose Obregon, dated April 2 and April 15, 2003, recommending adoption of said resolution and execution of all necessary documents.

Discussion/Action: Resolution No. 71504, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to: (i) Negotiate and Execute a Three Year Temporary Construction Easement for Construction Staging and Flood Control Improvements in the Plata Arroyo Park with the Santa Clara Valley Water District; and (ii) Execute all Documents Necessary to Complete the Transaction”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.7 (a) Report on RFQ and approval to reject all quotes on Jetbridge and Baggage Conveyor Maintenance.

(b) Adoption of a resolution authorizing the Director of General Services to execute an amendment to the agreement with Airport Group International (Glendale, CA), to continue to provide service for six months, for a total compensation not to exceed $300,000, so that the services can be brought in house.

CEQA: Resolution No. 67380, PP03-02-050. (General Services)

Documents Filed: None.

Discussion/Action: This item was dropped from the agenda.

2.8 Adoption of a resolution authorizing the City Manager to enter into a continuation agreement between the City of San José and Union Carbide Industrial Gases, Inc., as assumed by PraxAir, for a nitrogen gas pipeline near River Oaks and Montague Expressway in San José for ten (10) years. CEQA: Not a project. (General Services)

Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated April 2, 2003, recommending adoption of said resolution and execution of all necessary documents.

Discussion/Action: Resolution No. 71505, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to: (i) Negotiate and Execute a Continuation Agreement with Praxair for the Purposes of Maintaining a Nitrogen Gas Pipeline on City Property at an Annual Rate of $6,500; and (ii) Execute all documents Necessary to Complete the Transaction”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.9 Report on Request for Quotation (RFQ) and adoption of a resolution authorizing the Director of General Services to negotiate and execute a one-year agreement with Schindler Elevator Corporation (San José, CA) for elevator and escalator preventative maintenance in municipal buildings, for an annual cost of $139,764, plus $20,000 for supplemental repairs, for a total compensation amount not to exceed $159,764 including taxes. CEQA: Not a project. (General Services)

Documents Filed: Memorandum from Director of General Services, Jose Obregon, dated April 2, 2003, transmitting said report and recommending approval of said agreement with Schindler Elevator Corporation.

Discussion/Action: Resolution No. 71506, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Negotiate and Execute an Agreement with Schindler Elevator Corporation for Elevator and Escalator Preventative Maintenance in Municipal Buildings”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.10 Adoption of a resolution authorizing the City Manager to take the necessary actions to replace Arthur J. Gallagher & Company, the City's insurance broker, with Willis Insurance Services of California, Inc. to provide insurance brokerage services through June 30, 2007. CEQA: Not a project. (Finance)

Documents Filed: Memorandum from Director of Finance Scott P. Johnson, dated April 9, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71507, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Take the Necessary Actions to Replace Arthur J. Gallagher & Company, the City’s Insurance Broker, with Willis Insurance Services of California, Inc.”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.11 Adoption of a resolution authorizing the City Manager to apply to the United States Department of Justice for Weed and Seed Program funding for the Washington neighborhood in an amount not to exceed $225,000, for the period October 1, 2003 through September 30, 2004, to accept the grant if awarded, and to execute all related documents. CEQA: Not a project. Council District 3. SNI: Washington. (Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 2, 2003, recommending adoption of said resolution.

Discussion/Action: Resolution No. 71508, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to the United States Department of Justice for a Grant for the Weed and Seed Program for the Washington Neighborhood in an Amount Not to Exceed $225,000 for the Period of October 1, 2003 Through September 30, 2004, to Accept the Grant if Awarded, and to Execute all Related Documents”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.12 Adoption of a resolution initiating proceedings and setting May 20, 2003 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Parker No. 24, which involves the annexation to the City of San José of 0.47 gross acre, located at the west side of Union Avenue approximately 80 feet northerly of Ronda Drive, and the detachment of the same from the appropriate special districts including: Santa Clara County Lighting Service Area, Central Fire Protection District, County Service area –1 (County Library Service Area), and West Valley Sanitation. CEQA: Exempt. Council District 9. (Planning, Building and Code Enforcement)

Documents Filed: Memorandum from Planning, Building & Code Enforcement Director Stephen M. Haase, dated April 2, 2003, recommending adoption of said resolution setting May 20, 2003 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Parker No. 24.

Discussion/Action: Resolution No. 71509, entitled: “A Resolution of the Council of the City of San José Initiating Reorganization Proceedings for the Annexation and Detachment of Certain Uninhabited Territory Designated as Parker 24 and Described Herein, and Setting the Date and Place for Consideration of Such Reorganization”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

2.13 Approval of an agreement with Amphion Environmental, Inc. for design services for the Penitencia Creek Reach 2 Phase 1 Development, for a base fee in the amount of $118,300, additional services in the amount of $20,000, for a total agreement amount of $138,300, and an agreement term from the date of execution to December 31, 2005. CEQA: Not a project. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 2, 2003, recommending approval of said agreement with Amphion Environmental, Inc.

Discussion/Action: Council Member Reed expressed concerns about the language used in the Background section of the Staff report, which he thought was inconsistent with previous Council direction given June 4, 2002 on Item 5.3 pertaining to the phasing of Reach 2 and asked if Staff is intending to change direction. Public Works Director Allen stated as far as the commitments made to Council in June 2002 and the discrepancies between those commitments and what is in the Background Section, she would like to meet with him at another time and resolve exactly what the differences are. She stated she is aware there were some concerns about the bridge that were included in the design and wanted to go over with him specifically the accessibility and the Americans with Disabilities Act (ADA) issues that Staff addressed in the design process. Upon by Council Member Reed, seconded by Council Member LeZotte, and unanimously carried, the said agreement with Amphion Environmental, Inc. was approved and its execution authorized. Vote: 10-0-1-0. Absent: Chavez.

2.14 Approval of an agreement with Dillingham Associates for design services for the Thompson Creek Trail Master Plan for a base fee in the amount of $252,000, additional services in the amount of $25,000, for a total agreement amount of $277,000, and an agreement term from the date of execution to January 31, 2005. CEQA: Not a project. Council District 8. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 2, 2002, recommending approval of said agreement with Dillingham Associates.

Discussion/Action: In response to Council Member Cortese, Public Works Director Katy Allen clarified the agreement reflects the proposed project area extends approximately six miles. Upon motion by Vice Mayor Dando, seconded by Council Member Cortese, and unanimously carried, the said agreement with Dillingham Associates for design services for the Thompson Creek Trail Master Plan was approved and its execution authorized. Vote: 10-0-1-0. Absent: Chavez.

2.15 Report on bids and award of contract for the Norman Y. Mineta San José International Airport - Modular Parking Office Structure to the low bidder, Brandall Modular Corporation in the amount of $115,800, and approval of a contingency in the amount of $12,000. CEQA: Resolution No. 67380, PP02-05-106. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 2, 2003, recommending award of said contract, with related contingency, to the low bidder, Brandall Modular Corporation.

Discussion/Action: Council Member Williams inquired about construction of modular facilities, which are already constructed, and asked what the basis for the 10 percent contingency was. Public Works Director Katy Allen explained the modular facility is a straight forward design, any kind of change that would be in the $5,000 range or less, that the contingency is warranted to move the project forward quickly, and if the contingency is not needed it will go back to the project budget. Upon motion by Council Member Williams, seconded by Council Member Cortese, and unanimously carried, the award of said contract, with related contingency, to the low bidder, Brandall Modular Corporation, was approved and its execution authorized. Vote: 10-0-1-0. Absent: Chavez.

2.16 Approval of the appointment of three members to the Independent Hearing Panel, for solid waste enforcement and permitting, consisting of a technical expert, a member of the public, and a member of the City Council. (Mayor)

(Deferred from 4/15/03 - Item 2.10)

Documents Filed: Memorandum from Mayor Gonzales, dated April 21, 2003, recommending approval of the following nominees to the Independent Hearing Panel for the Local Enforcement Agency: (1) Private sector: Thomas Hogye, United Datatech, Inc., (2) Council Member: Hon. Chuck Reed, City of San José, (3) Technical expert: George Nakamura, MPH, REHS.

Discussion/Action: The appointment of three members to the Independent Hearing Panel for the Local Enforcement Agency: (1) Private sector: Thomas Hogye, United Datatech, Inc., (2) Council Member: Hon. Chuck Reed, City of San José, (3) Technical expert: George Nakamura, MPH, REHS, was approved. Vote: 10-0-1-0. Absent: Chavez.

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – April 9, 2003

Vice Mayor Dando, Chair

Documents Filed: The Rules Committee Report of April 9, 2003.

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

(b) City Council

(1) Review April 22, 2003 Draft Agenda

The Committee recommended approval of the April 22, 2003 City Council agenda with two additions.

(2) Add New Items to April 15, 2003 Amended Agenda

The Committee recommended three additions to the April 15, 2003 City Council agenda.

(3) List of Reports Outstanding. Attachment: Report from City Manager dated April 8, 2003 listing one staff report outstanding for the April 15, 2003 Council agenda.

The Committee noted and filed the City Manager’s report listing one Staff report outstanding for the April 15, 2003 Council meeting.

(1) State

There was no report.

(2) Federal

Assistant City Manager Mark Linder reported that some major cities received Federal funds this week to help prepare for and respond to threats or incidents of terrorism. City efforts will be directed towards being included in the next round of funding.

(d) Meeting Schedules - There were none.

(e) The Public Record

There was no Public Record.

(f) Boards, Commissions and Committees - There were none.

(g) Council Referrals for Assignment to Administration or Council Appointee

There were none.

(h) Administrative Reviews and Approval

(1) Request from Vice Mayor Dando to use Council General funds to attend League of California Cities’ Transportation, Communications & Public Works Policy Committee meeting in Sacramento, CA, March 28, 2003. Attachment: Memoranda from Vice Mayor Dando dated March 27, 2003 requesting use of Council General funds; and from City Clerk Patricia O’Hearn dated April 2, 2003 summarizing use of Council General Travel Budget to date.

The Committee approved the use of Council General funds by Vice Mayor Dando to attend the League of California Cities Transportation, Communications & Public Works Policy Committee meeting in Sacramento, CA March 28, 2003.

(i) Oral communications - None were presented.

(j) Adjournment

The meeting adjourned at 2:10 p.m.

Discussion/Action: Upon motion by Vice Mayor Dando, seconded by Council Member Cortese and unanimously carried, the Rules Committee Report and actions of April 9, 2003 were accepted. Vote 10-0-1-0. Absent: Chavez.

3.3 Report of the Making Government Work Better Committee – April 9, 2003

Council Member Campos, Chair

Documents Filed: The Making Government Work Better Committee Report of April 9, 2003.

(a) Semi-Annual Recommendation Follow-up Report. Attachment: Memorandum from City Auditor Gerald A. Silva, dated March 27, 2003, transmitting said report.

The Committee accepted the Staff report.

(b) Update of Major Information Technology Projects & E-Government Due Diligence. Attachment: Memorandum from Information Technology Planning Board, dated April 1, 2003, transmitting said report.

The Committee accepted the Staff report.

No Committee action taken. The item was deferred to May 14, 2003.

(d) Review the Effectiveness of Current City and RDA Community Outreach and Accessibility. Attachment: Memorandum from Deputy City Manager Kay Winer and Redevelopment Agency Assistant Executive Director Sharon Landers, dated April 2, 2003, transmitting said report.

The Committee accepted the Staff report with the request that a follow-up report on outreach efforts, including the effectiveness of using the ethnic media, in six months.

(e) Single Audit Reports. Attachment: Memorandum from Finance Director Scott P. Johnson, dated April 2, 2003, transmitting said report.

Item e and f were presented together.

(f) Memorandum on Internal Controls. Attachment: Memorandum from Finance Director Scott P. Johnson, dated April 2, 2003, transmitting said report.

The Committee accepted the Staff report and requested a follow-up report on May 14, 2003 that clarifies the roles of the City and the WIA Board with regards to the WIA Program including handling issues of non-compliance.

(g) Call Center Handling of Service Requests Audit Report. Attachment: Report from the Office of the City Auditor, entitled: “An Audit of the Customer Service Call Center’s Handling of Service Requests”, dated March 2003.

The Committee accepted the Staff report.

(h) Santa Clara County Cities Association Audit Report

Deferred to May 14, 2003.

(i) Oral petitions

Ross Signorino spoke on the Making Government Work Better Committee’s name and mission.

(j) Adjournment

The Committee was adjourned at 4:00 p.m.

Discussion/Action: Upon motion by Council Member Campos, seconded by Council Member Williams, and unanimously carried, the Making Government Work Better Committee Report and actions for April 9, 2003 were accepted, with Items 3.3(c) and 3.3(h) deferred to May 14, 2003. Vote 10-0-1-0. Absent: Chavez.

RECREATION & CULTURAL SERVICES

5.1 Report of the All Children Achieve Committee – April 10, 2003

Council Member Yeager, Chair

Documents Filed: The All Children Achieve Committee Report of April 10, 2003.

(a) Update on Joint-Use Agreements with School Districts, including City/School Collaborative. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 2, 2003, transmitting said report.

The Committee accepted the Staff report, and agreed to continue discussion and action to the next meeting on May 8, 2003.

(b) Report on Library’s Role in Helping Children Achieve. Attachment: Memorandum from Library Director Jane Light, dated March 26, 2003, transmitting said report.

The Committee accepted the Staff report.

(c) Homework Centers Program Status Report. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated March 6, 2003, transmitting said report.

The Committee accepted the Staff report.

(d) Status on the Early Care and Education Master Plan, including efforts with the County Collaborative on Education. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated March 26, 2003, transmitting said report.

The Committee accepted the Staff report.

(e) Report on Traffic Safety in San José, including School Traffic Safety Program. Attachment: Memorandum from Transportation Director James R. Helmer, dated March 28, 2003, transmitting said report.

The Committee accepted the Staff report.

(f) Oral petitions – There were none.

(g) Adjournment

The meeting was adjourned at 3:50 p.m.

Discussion/Action: Council Member Campos referencing (e) Report on Traffic Safety in San José, including School Traffic Safety Program asked what the timeline would be for the speed display signs. Transportation Director Helmer stated Staff is proceeding with the speed display signs as part of the State’s Safe-Route-to School Program, that authorization to expend funds was September 2002, and need to award the project by October 1, 2003, and signs will be implemented during the school year of 2003-2004. Council Member LeZotte requested Staff to provide information on which ten schools are scheduled to have the speed display signs installed, and asked the status of the pavement embedded crosswalks. Director Helmer explained there were performance issues with the embedded lights, primarily issues of reliability under normal traffic loading and the challenges they present for pavement maintenance. The on-going costs are projected to be much higher than anticipated, and Staff is negotiating with the State granting authority on the possibility of using a combination of fewer lights to accomplish the same goal and minimize impacts to on-going General Fund costs. Upon motion by Council Member Yeager, seconded by Council Member Cortese, and unanimously carried, the All Children Achieve Committee Report and actions for April 10, 2003 accepted, and Staff directed to bring back to Council a report specifying which 10 schools throughout the City will post speed display signs. Vote 10-0-1-0. Absent: Chavez.

5.2 Report on bids and award of contract for the Edenvale Garden Park Phases IV & V Rebid Project to the low bidder, Boulder Rock Landscape Construction, Inc., in the amount of $707,080, and approval of a contingency in the amount of $36,000. CEQA: Negative Declaration, PP90-03-078. (Public Works)

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated April 2, 2003, recommending award of said contract, with related contingency, to the low bidder, Boulder Rock Landscape Construction, Inc.

Discussion/Action: Award of said contract, with related contingency to the low bidder, Boulder Rock Landscape Construction, Inc., was approved and its execution authorized, and Staff report was amended to change Council District to District 2. Vote: 11-0-1-0. Absent: Chavez.

5.3 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with:

(a) WestEd Institute for Early Childhood Professional Development (Institute) in an amount not to exceed $300,000 for a portion of the costs of design, construction, and expansion to the GSR Academies; and

(b) San José Unified School District in an amount not to exceed $336,000 to purchase and install a modular building at Almaden Elementary School in San José;

CEQA: Exempt, PP03-04-124. Council Districts 9 and 10. (Parks, Recreation and Neighborhood Services)

(Rules Committee referral 4/16/03)

Documents Filed: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 15, 2003, recommending adoption of said resolution.

Discussion/Action: William J. Garbett spoke on the item. Resolution No. 71510, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute Agreements with Wested Institute for Early Childhood Professional Development and San José Unified School District”, was adopted. Vote: 10-0-1-0. Absent: Chavez.

5.4 (a) Approval of an extension of the funding term for one year, from June 30, 2003 to June 30, 2004 for MACSA Enrichment and Development Center (F88) - Mexican American Community Services Agency, Inc.

(b) Approval of an extension of the funding term for two years, from June 30, 2002 to June 30, 2004 for Goss Community Facility (G33) - Parks, Recreation and Neighborhood Services Department.

CEQA: Exempt, PP03-04-125. Council District 5 (Parks, Recreation and Neighborhood Services)

(Rules Committee referral 4/16/03)

Documents Filed: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated April 17, 2003, recommending: (1) approval of said extension of the funding term for MACSA Enrichment and Development Center, (2) approval of said extension of the funding term for Goss Community Facility.

Discussion/Action: The said extension funding terms for MACSA Enrichment and Development Center and the Goss Community Facility were approved. Vote: 10-0-1-0. Absent: Chavez.

TRANSPORTATION SERVICES

6.1 Report of the Building Better Transportation Committee – April 7, 2003

Council Member Cortese, Chair

Documents Filed: The Building Better Transportation Committee Report of April 7, 2003.

(a) Expansion and Improvement of Transit and Transportation Systems

(1) Report and Discussion on the Construction Impact Mitigation Plan. Attachment: Memorandum from City Manager Del D. Borgsdorf and Redevelopment Agency Executive Director Susan F. Shick, dated March 17, 2003, transmitting said report and recommending adoption of resolutions approving a policy requiring the preparation of Construction Impact Mitigation Plans for publicly funded extraordinary construction projects; and direction to staff to develop a cooperative agreement with the Valley Transportation Authority to address the mitigation of impacts created during the construction of extraordinary projects.

The Committee accepted the report, with the following directives to Staff: to have the report come back in June with issues addressed.

(b) Traffic Relief/Safe Streets

(1) Report on City’s Annual Transportation Report. Attachment Memorandum from Transportation Director James R. Helmer, dated March 17, 2003, transmitting said report.

The Committee received the written status report.

(2) Report and review of Traffic Calming Program Report. Attachment: Memorandum from Transportation Director James R. Helmer and Chief of Police William M. Lansdowne, dated March 26, 2003, transmitting said report.

No action was taken by the Committee. Item continued to May 5, 2003.

Continued Business:

(1) Report and Recommendations on Smart Growth/Transportation Impact Policy (Deferred from March 3, 2003). Attachment: Memorandum from Transportation Director James R. Helmer, dated February 19, 2003, transmitting said report.

The Committee accepted the report.

New Business:

(1) No new items.

(d) Regional Relationships/Funding/Policy

(1) State, Federal, and Local Legislative Update. Attachment: Memorandum from Transportation Director James R. Helmer and Intergovernmental Relations Director Betsy Shotwell, dated March 24, 2003, transmitting said report.

The Committee received the written status report.

(e) Oral petitions – There were none.

(f) Adjournment

The Committee was adjourned at 3:35 p.m.

Discussion/Action: Council Member Reed stated the Building Better Transportation Committee asked Staff to respond to certain questions at the May 5, 2003 meeting and added a question to be included in the report Staff provided at that time pertaining to the expansion of NASCOP. He stated the Staff report cites several reasons why NASCOP is not very good on 35 mph streets, however, none of the reasons apply to four streets in his district and requested an engineering or budget answer to why Staff is not interested in doing NASCOP on Sierra, Piedmont, Cropley, and Hostetter Roads, all of which have no commercial usage, and are single lane. He requested the Staff response be included in the report to the Committee. Upon motion by Council Member Cortese, seconded by Council Member Reed, and unanimously carried, the Building Better Transportation Committee report and actions were accepted, with direction for Staff to incorporate into the Traffic Calming report to the Committee on May 5, 2003, the consideration of extending NASCOP to the following streets in District 4: Sierra, Piedmont, Cropley, and Hostetter. Vote 10-0-1-0. Absent: Chavez.

AVIATION SERVICES

Items 8.1, 8.2, 8.3 heard together.

8.1 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute the eighth amendment to the agreement with PB Aviation, Inc. for consulting services for the Airport Master Plan, increasing the compensation by $14,000,000, from $34,840,000, for a total agreement amount not to exceed $48,840,000, and extending the term of the agreement from February 1, 2004 to December 1, 2005.

(b) Adoption of the following appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund:

(1) Establish Elements of the Master Plan Studies appropriation in the amount of $1,882,000.

(2) Establish Central Plant Expansion appropriation in the amount of $128,000.

(3) Establish Maintenance Building SE (Bldg #1) appropriation in the amount of $94,000.

(4) Establish North Concourse Site Facility Relocations appropriation in the amount of $473,000.

(5) Establish Baggage Screening Phase II appropriation in the amount of $5,100.

(6) Establish Checkpoint Terminal A appropriation in the amount of $5,100.

(7) Establish Checkpoint Terminal C appropriation in the amount of $5,100.

(8) Establish Gate A1-C Relocation appropriation in the amount of $101,800.

(9) Establish North Concourse Building appropriation in the amount of $2,377,000.

(10) Decrease the Airport Security Improvement Reserve by $5,071,100.

CEQA: Resolution No. 67380, PP 03-03-083. (Airport/City Manager’s Office)

(Deferred from 4/15/03 – Item 8.1)

Documents Filed: (1) Memorandum from Aviation Director Ralph G. Tonseth, dated April 14, 2003, providing information on agenda item 8.1 through 8.3 related to the implementation of projects at the Airport associated with Measure A (ASTRA). (2) Memorandum from Aviation Director Ralph G. Tonseth, dated April 10, 2003, recommending adoption of said resolution authorizing the City Manager to negotiate and execute the eighth amendment to the agreement with PB Aviation, Inc.; and adoption of said appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund. (3) Hard copy of overhead presentation made to the Council by Airport Administration entitled: “Airport Measure A Implementation Strategy”.

Discussion/Action: Aviation Director Ralph G. Tonseth with the use of PowerPoint, presented a comprehensive summary of Airport Measure A Implementation Strategy stating Measure A allows the City to proceed with construction of the terminal area projects defined in the Airport Master Plan upon meeting certain transportation related conditions. The first of these terminal area projects is construction of a concourse facility, referred to as the North Concourse, including an inline, automated baggage screening system and temporary ticketing and baggage claim facilities. He explained there are a number of other major projects included in the Airport’s capital budget that support the implementation of the Master Plan and the goals of Measure A. Some of these projects include: the expansion of the Central Plant, construction of a grade separation at Airport Bouldevard and Airport Parkway, construction of new, interim air cargo aprons, extension of Taxiway Z, reconstruction of Taxiway Y, construction of a new multi-use building for airport tenant use, and relocation of gate A1-C.

Director Tonseth stated a complete list and schedule overview of the major projects included in the Airport development program is attached as Exhibit A. Attached as Exhibit B is the proposed FY 03-08 Airport capital improvement program that implements the first five years of the program. He explained the Airport’s development program involves a number of interrelated projects to be constructed within a complex airport operating environment. In addition, the individual projects themselves are complex in nature and in many cases require special technical expertise to design and implement. The need to complete this complex program within schedule and budget limitations, while maintaining a high level of customer service at existing facilities necessitates strong program management oversight and to accomplish this, an integrated and co-located team comprised of Airport and Public Works Staff, as well consulting resources was established to meet the program management, design, and construction management needs of the program. Staff from other support departments, such as Fire and Convention, Arts and Entertainment have also been integrated into the team to provide the highest level of collaboration and support. In general, Airport Staff is responsible for the overall management of the program, including design management for some projects, and assisting the Airport are consulting resources from PB Aviation to provide specialty expertise in program management and design management issues. Design review and construction management is provided by Public Works Staff, with assistance from consulting resources in the areas of third party design review and construction management. Director Tonseth stated there are a number of goals associated with the implementation of the Airport’s development program, of importance is meeting stakeholders needs for quality projects that are constructed within the budgets and schedules set in the program, a list of “First Principles” which outlined these goals at a high level is attached as Exhibit C. In recognition of the City’s fiscal challenges, Staff for the program will be hired from within the City organization if needed, or if the City organization is not able to provide the needed resources, a list of additional staffing needs for the program for the balance of this fiscal year has been included under separate memo for Council action. This list is based on capital projects with known funding sources, and could be expanded as additional projects funded.

Director Tonseth stated the intent of the program to utilize local business resources as much as possible. For example, it is anticipated that 20 percent of the funding included in the PB Aviation 8^th Amendment and 60 percent of the funding included for the Gensler 2^nd Amendment will be allocated to local sub-consultants. Director Tonseth stated certain projects within the airport must be constructed in order to comply with the federal Aviation and Transportation Security Act of 2001 (ATSA) the most significant and immediate of these projects is the North Concourse and it’s associated projects.

William Garbett spoke on the item. Vice Mayor Dando inquired about the traffic circulation plans, and the signage plan, and asked for elaboration on plans to get people in and out of that area over the next several years starting possibly as soon as summer or fall of 2003. Aviation Director Tonseth stated Staff has opened a preliminary project called the “One-Way-Loop” in anticipation of this situation, noted that the airport is not searching cars at the present time, and that seems to be working very well, however, there is a traffic plan and all of that information will be provided to Council through monthly reports and/or presentations to Council. Vice Mayor Dando asked because of the extent and timeframe of the work involved, will this issue be coming through the Transportation Committee or will it come directly to Council on a monthly basis. Director Tonseth stated the practice of Staff in the past has been to send reports directly to the Council as soon as available. Vice Mayor Dando noted that this project will be of interest to people across the county and beyond because the airport expansion is the largest public works project ever undertaken in the County, and stated she stated is interested in seeing that there are well thought-out plans for the next several months and which can be adjusted as construction changes in shifts to different parts of the airport.

Council Member Yeager asked what the plan is for neighborhood outreach. Director Tonseth stated Staff will bring a report on community outreach to the Council possibly as part of the reports that Vice Mayor Dando suggested. Resolution No. 71511, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Eighth Amendment to the Agreement with PB Aviation, Inc. for Consulting Services for the Norman Y. Mineta San José International Airport, Increasing the Compensation by $14,000,000 and Extending the Term to December 1, 2005”, was adopted and Ordinance No. 26876, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Airport Revenue Bond Improvement Fund for Various Security Related Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was passed for publication. Vote: 10-0-1-0. Absent: Chavez.

8.2 (a) Adoption of a resolution authorizing the City Manager to negotiate and execute the second amendment to the agreement with M. Arthur Gensler, Jr. & Associates (Gensler) for master architectural services, increasing compensation by $15,560,000, from $9,500,000, for a total agreement amount not to exceed $25,060,000, and extending the term of the agreement from July 4, 2003 to December 1, 2005.

(b) Adoption of the following appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund:

(1) Increase the North Concourse Building appropriation in the amount of $7,800,000.

(2) Increase the Central Plant Expansion appropriation in the amount of $400,000.

(3) Increase the Baggage Screening Phase II appropriation in the amount of $500,000.

(4) Increase the Checkpoint Terminal A appropriation in the amount of $500,000.

(5) Increase the Checkpoint Terminal C appropriation in the amount of $500,000.

(6) Increase the Gate A1-C Relocation appropriation in the amount of $200,000.

(7) Increase the Elements of the Master Plan Studies appropriation in the amount of $270,000.

(8) Decrease the Airport Security Improvement Reserve by $10,170,000.

CEQA: Resolution No. 67380, PP 03-03-085. (Airport/City Manager’s Office)

(Deferred from 4/15/03 – Item 8.2)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated April 10, 2003, recommending adoption of said resolution authorizing the City Manager to negotiate and execute the second amendment to the agreement with M. Arthur Gensler, Jr. & Associates; and adoption of said appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund.

Discussion/Action: William Garbett spoke on the item. Resolution No. 71512, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute a Second Amendment to the Agreement with M. Arthur Gensler Jr. & Associates, Inc. for Master Architectural Services for the Norman Y. Mineta San José International Airport Increasing the Compensation by $15,560,000 and Extending the Term to December 1, 2005”, was adopted, and Ordinance No. 26877, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the Airport Revenue Bond Improvement Fund for Various Security Related Projects; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was passed for publication. Vote: 10-0-1-0. Absent: Chavez.

8.3 Approval and authorization of twenty-two new positions within the Airport and Public Works Departments for planning, programming, and designing of the North Concourse facility. CEQA: Not a Project. (Airport)

(Rules Committee referral 4/16/03)

Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth and Public Works Director Katy Allen, dated April 11, 2003 recommending approval and authorization of various actions related to Airport Capital Improvement Staffing.

Discussion/Action: William Garbett spoke on the item. Upon motion by Vice Mayor Dando, seconded by Council Member Cortese, and carried unanimously, approval and authorization of twenty-two new positions within the Airport and Public Works Departments as identified in Attachment A to plan, program, design and provide construction inspection of the Airport North Concourse facility was approved, with Staff directed to provide a monthly progress report on planning efforts for traffic flow, signage, and circulation as airport construction begins; and to provide a plan for community outreach to update the progress of airport construction, including consistency with Measure A requirements. Vote: 10-0-1-0. Absent: Chavez.

Adjournment

The Council of the City of San José adjourned at 2:45 p.m. to a Joint Council/Redevelopment Agency Meeting.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN

CITY CLERK

hm/9-8-03