SAN JOSE CITY COUNCIL

AGENDA

JUNE 22, 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 6)

Julie Scott, President of the Rosicrucian Order, AMORC

· 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

1.1 Presentation of a commendation to the Rosicrucian Order, AMORC on the occasion of the 2004 AMORC World Peace Conference to be held in San José from June 29 through July 4, 2004. (Yeager)

*1.2 Presentation of a commendation to San José Firefighter Mike Kahn for helping his neighbors escape their burning house while off-duty. (Mayor)

(Rules Committee referral 6/16/04)

*1.3 Presentation of a commendation to Hitachi Global Storage Technologies, Inc., for its contributions to the City of San José as a model corporate citizen, supporting our community’s youth, education, and environmental protection. (Williams)

(Rules Committee referral 6/16/04)

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 May 4, 2004

(b) Joint Redevelopment Agency Board meeting of May 4, 2004

2.2 Final adoption of ordinances.

2.3 Approval of an amendment to extend the term of a hangar space lease agreement at the Airport.

Recommendation: Approval of an amendment to extend the term of the lease agreement for hangar space with A. P. Enterprises, a Division of ADSD, Inc., on a month-to-month basis from May 31, 2004 through May 31, 2009, with annual revenue to the City of $2,682.36. CEQA: Resolution No. 67380, PP-04-04-106. (Airport)

2.4 Approval of fiscal actions for Redevelopment Agency Capital Project and approval to award a contract for street improvements.

Recommendation:

(a) (1) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) and the General Fund for the 6^th and Reed Improvements (PSM 367) Project, with a net impact to the fund of $387,000.

(2) Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the 6^th and Reed Improvements (PSM 367) Project, as more specifically described in the memorandum from the Redevelopment Agency, Dated May 11, 2004.

CEQA: Exempt, PP04-04-126. Council District 3. SNI: University. (City Manager’s Office)

(b) Report on bids and award of contract for the East Reed Street from South Sixth Street to South Seventh Street Project involving street improvements to the low bidder, Joseph J. Albanese, Inc., in the amount of $457,849.10, and approval of a contingency in the amount of $46,000. CEQA: Exempt, PP04-04-126. Council District 3. SNI: University. (Public Works)

2.5 Approval of actions certifying the City’s Revolving Loan Fund.

Recommendation: Adoption of a resolution certifying that:

(a) The City of San Jose’s Revolving Loan Fund (RLF) Plan is consistent with and supportive of the area’s current economic adjustment strategy, and

(b) The RLF is being operated in accordance with the policies and procedures contained in the RLF plan, and the loan portfolio meets the standards contained therein.

CEQA: Not a Project. NEPA: Categorically Excluded. (Economic Development)

2.6 Approval to award a contract for Edenvale Well #4.

Recommendation: Report on bids and approval of award of contract to the low bidder, Zim Industries, Inc., in the amount not to exceed $229,410 for Edenvale Well #4 and approval of a budget contingency in the amount of $23,000. CEQA: Exempt, PP03-07-239. Council District 2. (Environmental Services)

2.7 Approval to amend an agreement for the South Bay Water Recycling Program.

Recommendation: Approval of the eighth amendment to the agreement with the City of Milpitas for Implementation of Portions of the South Bay Water Recycling (SBWR) Program to extend the term of the original agreement by two years, from June 30, 2004 to June 30, 2006, at no additional cost to the City. CEQA: Resolution No. 64667. (Environmental Services)
TPAC

2.8 Approval to amend an agreement related to environmental analyses of the South San Francisco Bay.

Recommendation: Approval of the second amendment to the agreement with Tetra Tech, Inc. for technical studies and analyses related to Total Maximum Daily Loads (TMDLs) for South San Francisco Bay, to extend the term of the agreement for 24 months, from June 30, 2004 to June 30, 2006, at no additional cost to the City. CEQA: Not a Project. (Environmental Services)
TPAC

2.9 Approval to amend an agreement for the Agriculture in Partnership Program.

* Recommendation: Approval of a fourth amendment to the consultant agreement with Karin Grobe for technical assistance services for the Agriculture in Partnership Program, extending the term by two years, from August 1, 2004 to August 1, 2006, and increasing compensation by $30,000, for a total agreement amount not to exceed $121,448. CEQA: Not a Project. (Environmental Services).
RECOMMEND DEFERRAL TO 6/29/04

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 #24, 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 actions for the implementation of an integrated Laboratory Information Management System.

* Recommendation: Adoption of a resolution authorizing the Director of General Services to:

(a) Negotiate and execute an agreement with PerkinElmer LAS, Inc., for the purchase and implementation of an integrated Laboratory Information Management System (LIMS) in an amount not to exceed $397,223, including sales tax, system delivery, installation, staff training, and a 3-year maintenance plan.

(b) Execute change orders to the agreement in an amount not to exceed $38,600 for any additional unanticipated requirements encountered during the implementation process for this project.

CEQA: Not a Project. (General Services)
TPAC

2.12 Approval of various lease agreements for Environmental Services, Police, and Parks, Recreation and Neighborhood Services.

Recommendation:

(a) Adoption of a resolution authorizing the City Manager to negotiate and execute a 18 month lease agreement with Realtec Properties I, for 20,710 square feet of fully improved and fitted out office space on the second floor of the building located at 3099 N. First Street, for the Department of Environmental Services requiring the City to pay rent of $23,816.50 per month plus prorated utilities and janitorial costs. CEQA: Not a Project. (General Services)
Supplemental

(b) Approval of a five-year lease agreement with James V. Simoni for the use of 8,500 square feet of space located at 2172 Forest Avenue, also known as 498 O’Conner Drive, for the Police Department’s NCI Unit at an initial monthly rent of $12,750.00 per month for the first year of the lease, the monthly rent increases by $250 annually to a high of $13,750 per month during the final year of the lease. CEQA: Not a Project. (General Services)

(c) Approval of a five-year lease agreement, with a 90 day termination clause with Smith Family Trust for the use of 20,480 square feet of space located at 1302 N. Fourth Street for the Police Department’s Training Unit at an initial monthly rent of $32,768 per month for the first year of the lease, increasing annually to a high of $42,598.40 per month during the final year of the lease. CEQA: Exempt, PP04-05-167. (General Services)

(d) Approval of a continuation agreement with Watchguard Technologies, Inc. extending the existing sublease of 6,500 square feet of space located at 1821 Zanker Road for the Department of Parks, Recreation and Neighborhood Services on a month to month basis for a rental rate of $6,000 per month plus prorated utilities. CEQA: Not a Project. (General Services)
TPAC

2.13 Approval of the sale of City-owned properties.

Recommendation: Adoption of a resolution:

(a) Declaring said 3,000 square foot portion of City-owned land, located on the southwesterly corner of State Street and Essex Street (APN 015-12-032), surplus to the needs of the City; and

(b) Declaring said 2,953 square foot portion of City-owned land, located on the southeasterly corner of State Street and Essex Street (APN 015-11-006), surplus to the needs of the City; and

(c) Delegating authority to the Director of the Department of General Services to execute all documents necessary to complete the transfer of each property; and

(d) Authorizing the sale of each property to Victor J. Martina (the adjoining property owner) for $8,500 and $7,800 respectively.

CEQA: Exempt, PP 99-6-117. (General Services)

2.14 Approval to amend the Jeffrey Fontana Park Master Plan.

Recommendation: Approval of an amendment to the Jeffrey Fontana Park (formerly Golden Oak Park) Master Plan to include an off-leash dog area. CEQA: Exempt, PP04-03-088. Council District 10. (Parks, Recreation and Neighborhood Services)

2.15 Approval of an agreement for enclosed space for electric carts at the San José Municipal Golf Course.

* Recommendation: Approval of an agreement with Mike Rawitser Golf Shop to manage the design, bidding, and construction of a new enclosed space for electric carts at the existing maintenance facility at San José Municipal Golf Course, in an amount not to exceed $400,000. Council District 4. (Parks, Recreation and Neighborhood Services). RECOMMEND DEFERRAL TO 6/29/04

2.16 Approval to purchase a park trail easement of property on Bambi Lane.

* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Pacific Gas and Electric Company for the purchase of a park trail easement over a portion of the property consisting of a lot on Bambi Lane located between the residential properties at 2499 Bambi and 2513 Bambi Lane in the amount of $10, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction. CEQA: Negative Declaration and addenda thereto, PP03-11-352. Council District 5. SNI: East Valley/680. (Public Works)

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

Recommendation: Acceptance of the First Quarter 2004 San José Arena Authority Ticket Distribution Program Report. CEQA: Not a Project. (San José Arena Authority)

*2.18 Approval of amendment to agreement for Elections Commission evaluator services.

Recommendation: Adoption of a resolution authorizing the City Attorney to negotiate and execute a fifth amendment to the agreement with Hanson, Bridgett, Marcus, Vlahos, Rudy LLP, to increase the maximum amount of compensation to provide investigation services as the Evaluator to the San José Elections Commission by an additional $60,000, to a total amount not to exceed $200,000, and to extend the term of the agreement through June 30, 2005. (City Attorney’s Office/City Clerk)

(Rules Committee referral 6/16/04)

*2.19 Approval of an appointment to the Downtown Parking Board.

Recommendation: Approval of an appointment to the Downtown Parking Board. (Mayor)

(Rules Committee referral 6/16/04)

3 STRATEGIC SUPPORT SERVICES

3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – June 9, 2004

Vice Mayor Dando, Chair
Partial

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

(b) City Council

(1) Review June 22, 2004 Draft Agenda

(2) Add New Items to June 15, 2004 Amended Agenda

· Mayor and Council Member Requests

· City Manager Requests

· City Attorney Requests

· City Clerk Requests

(3) List of Reports Outstanding

(1) State

* (a) SB 849 (Torlakson) – Regarding the Metropolitan Transportation Commission and the Association of Bay Area Governments. COUNCIL ACTION TAKEN ON 6/15/04

(2) Federal

(d) Meeting Schedules

(1) Approve Council Meeting Schedule, August to December 2004

(e) The Public Record

(f) Appointment to Boards, Commissions and Committees

(g) Rules Committee Reviews, Recommendations and Approvals

(h) Oral communications

(i) Adjournment

*3.2 Meeting of June 16, 2004

(1) State

(a) SB 744 (Dunn) regarding the State Department of Housing and Community Development Housing Accountability Committee

3.3 Report of the Making Government Work Better Committee – June 9, 2004

Council Member Campos, Chair
Summary

(a) Public Works Real Estate Audit

(b) School Crossing Guards

(d) Follow-up on Effectiveness of Current City and Redevelopment Agency Community Outreach

(e) Airport Concessions Contract Audit

(f) Traffic Calming Audit

(g) The Youth Commission Audit

(h) Public Art Project Allocation Project

(i) San José Municipal Water System Audit

(j) Los Lagos Golf Course Operations and Finances

(k) Environmental Services Department Laboratory Audit

(l) Oral petitions

(m) Adjournment

ITEMS (f) THROUGH (k) WERE DEFFERED BY COMMITTEE

3.4 Approval of budget clean-up actions for FY 2003-2004.

Recommendation: Adoption of amendments to the annual appropriation ordinance and funding sources resolution for various operating and capital funds to reflect estimated FY 2003-2004 revenue receipts, expenses, and encumbrances. CEQA: Not a Project. (City Manager’s Office)

3.5 Approval to increase the San José Municipal Water System potable water rates to cover increased wholesale water costs.

Recommendation: Adoption of a resolution to increase the San José Municipal Water System (SJMWS) potable water rates by $0.08 per hundred cubic foot (HCF) or approximately 4% for Fiscal Year 2004-2005 to cover increased wholesale water costs. CEQA: Not a Project. Council Districts 2, 4, 7, and 8. (Environmental Services)

3.6 Approval of actions for the proposed Sewer Service and Use Charges and Storm Sewer Service Charges for FY 2004-05.

Recommendation:

(a) Conduct Public Hearing on proposed FY 2004-05 Sewer Service and Use Charges and proposed maximums for rate increases in FY’s 2005-06 and 2006-07; adopt a resolution setting the rates recommended by staff for FY 2004-05; and direct staff to return during the FY 2005-06 and 2006-07 budget cycles with recommendations for rate increases in FY 2005-06 and 2006-07, consistent with the staff recommended maximum rate increases for those years; and

(b) Approval of the staff proposed 4.5% rate increase for FY 2004-2005 in Storm Sewer Service Charges and adoption of a resolution setting the rates recommended by staff for FY 2004-2005.

CEQA: Not a Project. (Environmental Services)

3.7 Approval of actions related to the FY 2004-05 Annual Sanitary Sewer Service and Use and Storm Sewer Service Charge Reports.

Recommendation: Adoption of a resolution setting a public hearing on Tuesday, August 3, 2004, at 1:30 p.m. for the Fiscal Year 2004-2005 Annual Sanitary Sewer Service and Use and Storm Sewer Service Charge Reports of the Director of Finance and direct the City Clerk to publish notice of the time and place of the hearing. CEQA: Not a Project. (Finance)

3.8 Approval of various actions related to Fiscal Year 2004-2005 Operating and Capital Budgets.

Recommendation:

(a) Adoption of resolutions approving and adopting the Operating Budget for Fiscal Year 2004-2005 for the City of San José, the Capital Budget for Fiscal Year 2004-2005 for the City of San José, and the Five Year Capital Improvement Program for Fiscal Year 2005-2009 for the City of San José.

* (b) Adoption of the Annual Appropriation Ordinance, including transfers and loans for Fiscal Year 2004-2005 and the Manager’s Final Budget Addendum No. 55.

* (c) Adoption of the Annual Funding Sources Resolution for Fiscal Year 2004-2005 and the Manager’s Final Budget Addendum No. 55..

* (d) Adoption of a resolution in compliance with Article XIIIB of the Constitution of the State of California and as modified by Proposition 111 and SB 88 electing the population and inflation factors and establishing the Fiscal Year 2004-2005 Appropriation Limit.

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

3.9 Approval of various actions related to New City Hall technology.

Recommendation:

* (a) Report on bids and award of contract for the New City Hall Voice/Data Communications Systems Project to the lowest responsive bidder, IDEX Global Services, in the amount of $2,990,871, and approval of a contingency in the amount of $299,000. CEQA: Resolution No. 68905, PP98-03-072. SNI: University. (Public Works/Information Technology)
Supplemental

(b) Adoption of a resolution authorizing the City Manager to execute an amendment to the agreement with The Application Group, LLC, Inc., for professional services, increasing maximum compensation from $99,000 to $199,000, and extending the term from September 1, 2004 to October 1, 2004. CEQA: Not a Project. (Information Technology)

(c) Adoption of a resolution authorizing the City Manager to negotiate an agreement with Unisys (Blue Bell, PA), for the purchase of a Converged Data Network and Telephony System in an amount not to exceed $8,030,127, including all hardware, software, and professional services required to implement the system. CEQA: Not a Project. (Information Technology/General Services)
Supplemental

3.10 Review of the CUSP Procurement Evaluation Process.

Recommendation: Review of the CUSP Procurement Evaluation Process. (City Auditor).
* RECOMMEND DEFERRAL TO 6/29/04

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 an agreement for the GIS system.

Recommendation: Approval of an agreement with Intergraph Corporation for consultant services for the Data Modeling Enhancement, Data Conversion, Map Book Generation, and Web Plot Development Project in an amount not to exceed $215,000, from the date of execution to December 30, 2005. CEQA: Not a Project. (Public Works)
Attachment A
Attachment B
Attachment C

4.4 Public Hearings and approval of Business Improvement District’s assessments for 2004-2005.

Recommendation:

(a) PUBLIC HEARING and adoption of a resolution to:

(1) Approve the Downtown Business Improvement District’s budget report for 2004-2005, as filed or as modified by City Council

(2) Levy the increased Downtown Business Improvement District’s annual assessments for 2004-2005.

CEQA: Exempt, PP 03-05-165. Council District 3. SNI: St. James Square; University; Josefa/Auzerais; Burbank/Del Monte. (Economic Development)
Supplemental

(b) PUBLIC HEARING and adoption of a resolution to:

(1) Approve the Willow Glen Business Improvement District’s budget report for 2004-2005, as filed or as modified by City Council.

(2) Levy the Willow Glen Business Improvement District’s annual assessments for 2004-2005.

CEQA: Exempt, PP 03-05-165. Council District 6. (Economic Development)

(1) Approve the Japantown Business Improvement District’s budget report for 2004-2005, as filed or as modified by City Council.

(2) Levy the Japantown Business Improvement District’s annual assessments for 2004-2005.

CEQA: Exempt, PP 03-05-165. Council District 3. SNI: 13^th Street. (Economic Development)

5 RECREATION & CULTURAL SERVICES

5.1 Report of the All Children Achieve Committee – June 10, 2004

Council Member Yeager, Chair

(a) Youth Commission Strategy Workplan Update

(b) Report on Blueprint for Bridging the Digital Divide for FY 2003-04 Action Plan

(d) Oral petitions

(e) Adjournment
Summary

5.2 Approval to rename the San José Repertory Theatre.

Recommendation: Adoption of a resolution to rename the City-owned facility, the San José Repertory Theatre, as the “Susan and Phil Hammer Theater Center.” CEQA: Not a Project. (Conventions, Arts and Entertainment)
Attachment A

5.3 Approval of actions related to FY 2004-05 Transient Occupancy Tax and General Fund arts program allocations, grants, and agreements.

Recommendation: Approval of Arts Commission recommendation, subject to approval of the FY 2004-05 Operating Budget, to:

(a) Allocate funds to the Office of Cultural Affairs for FY 2004-05 arts and cultural programs, projects, grants, and activities as detailed in Attachment A, in a total amount not to exceed $2,913,023; and

(b) Adopt a resolution authorizing the City Manager to negotiate and execute FY 2004-05 grant agreements as follows:

(1) Festival, Parade and Celebration Grant Agreements with 28 organizations for 39 events as detailed in Attachment B, in a total amount not to exceed $320,591; and

(2) Arts Grant Agreements with 56 organizations as detailed in Attachment C, in a total amount not to exceed $1,811,168.

CEQA: Not a Project. (Conventions, Arts and Entertainment)

5.4 Approval of the Fuller Avenue Park Master Plan.

Recommendation: Approval of the Fuller Avenue Park Master Plan. CEQA: Exempt, PP034-089. Council District 6. SNI: Greater Gardner. (Parks, Recreation and Neighborhood Services)

*5.5 Approval of actions related to the Team San José Management agreement for the Convention Center and Cultural Facilities.

Recommendation:

(a) Approve a Management Agreement with Team San José, Inc., to operate the Convention Center and Cultural Facilities for five years, with one five-year option subject to Council appropriation.

(b) Direct staff to return with appropriation ordinance and funding sources resolution amendments necessary to implement the above action.

(c) Approve an Amended and Restated Agreement with the San José Convention and Visitors Bureau for promotion and sales services for the Convention Center and Cultural Facilities through June 30, 2005, with one five-year renewal option and approve a lease with the San José Convention and Visitors Bureau for use of office space at the Convention Center for the term of the Amended and Restatement Agreement at no cost.

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

(Rules Committee referral 6/16/04)

*5.6 Approval of City Council changes to HNVF Advisory Committee’s recommendations for use of FY 2004-2005 HNVF Funds.

Recommendation: Recommend the following changes to the HNVF Advisory Committee’s recommendations for use of FY 2004-2005 HNVF Funds:

(a) Reduce the allocation for the Youth Tobacco Education and Compliance Program by $87,286, from $141,977 to $54,691;

(b) Reduce the allocation for the Local Enforcement of Tobacco Control Regulations Project by $13,339, from $94,772 to $81,433;

(c) Increase the allocation to the Children’s Health Initiative by $300,000 in the HNVF Funds and $100,000 in Calpine contribution, from $1,700,000 to $2,100,000;

(d) Increase the allocation to the Alzheimer’s Activity Center Project by $6,675 from $20,025 to $26,700;

(e) Increase the allocation for the Senior Safety Education Program project by $19,357, from $58,073 to $77,430;

(f) Increase the allocation for the Addressing the Gaps in Aging Services - Nutrition Program by $155,900, from $623,599 to $779,499;

(g) Increase the allocation to the Minority Senior Service Providers Consortium Wellness Project by $46,725, from $140,175 to $186,900;

(h) Allocate $66,000 to the Seniors Living With Vision Loss Project; and

(i) Use the following sources to help support the recommendations:

(1) $182,232 in Carryover FY 2003-2004 Unrestricted Fund Balance;

(2) $283,417 in Settlement Reserve; and

(3) $28,383 in FY 2004-2005 Interest Earnings.

(Rules Committee referral 6/16/04)

6 TRANSPORTATION SERVICES

6.1 Report of the Building Better Transportation Committee – June 7, 2004

Council Member Cortese, Chair
Summary

(a) Expansion and Improvement of Transit and Transportation Systems

(1) No items

(b) Traffic Relief/Safe Streets

(1) Business district streetscape implementation and maintenance report, presentation and direction to move forward with next steps in the potential formation of a property business improvement district in the downtown core and neighborhood business districts

(1) No items

(d) Regional Relationships/Funding/Policy

(1) Presentation and discussion of high-speed rail alignment & Caltrain electrification and regional prioritization

(e) Oral petitions

(f) Adjournment

6.2 Approval to award a contract for the Old Oakland Road Median Island Improvements Project (Hedding Street to SR 101).

Recommendation: Report on bids and award of contract for the Old Oakland Road Median Island Improvements Project (Hedding Street to SR 101) to the low bidder, H.S.R., Inc., in the amount of $512,300, and approval of a contingency in the amount of $26,000. CEQA: Negative Declaration, PP04-03-098. Council District 3. SNI: Thirteenth Street. (Public Works)

6.3 Approval to award a contract for the Monterey Road Median Island Landscape Improvement Project.

* Recommendation: Report on bids and take appropriate action based on the evaluation of bids for the Monterey Road (State Route 82) Median Island Landscape Improvement Project-Keyes Street to Curtner Avenue. CEQA: Resolution No. 65657, PP01-07-135. Council Districts 3 and 7. SNI: Spartan/Keyes. (Public Works/Transportation/City Manager’s Office). RECOMMEND DEFERRAL TO 6/29/04

6.4 Approval to award a contract for slurry seal.

Recommendation: Report on bids and award of contract for the Slurry Seal 2004 Project to the low bidder, Bond Blacktop, Inc. in the amount of $1,147,231, and approval of a ten percent (10%) contingency amount of $114,723. CEQA: Exempt, PP04-02-039. (Transportation)
Attachment A

*6.5 Approval of City recommendation on proposed Berryessa BART station configuration.

Recommendation: Approval of the following as the City’s recommendations to the Santa Clara Valley Transportation Authority (VTA) for design of the Berryessa BART station:

(a) That the VTA provide environmental clearance for the entire station area footprint evaluated in the draft environmental document, including the “Southwest” and “Northeast” station parking structure options.

(b) Direct City, VTA, and BART staff to continue to work with area property owners on preparing a land use and transportation plan for the Berryessa BART Station area, consistent with the VTA’s “best practices” manual on Community Design and Transportation.

CEQA: Not a Project. The subject report provides City recommendations to the VTA to support their preparation of a CEQA review for the BART Project. Council District 4. (Transportation/Planning, Building and Code Enforcement)

(Referred from 5/18/04 – Item 6.3 and deferred from 6/15/04 – Item 6.2)

7 ENVIRONMENTAL & UTILITY SERVICES

7.1 Approval to award a contract for filter pumps for the Water Pollution Control Plant.

Recommendation: Report on bids and award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 2003/2004 Capital Improvement Program, Filter Influent Pumps 1-4 Controller Replacement Project,” to the low bidder, Blocka Construction Incorporated, in the amount of $838,900, and approval of a contingency in the amount of $84,000, for a total not to exceed amount of $922,900. CEQA: Exempt, PP04-03-079. (Environmental Services)
TPAC

7.2 Approval of actions for the 60-inch Brick Interceptor Replacement Project (Phase IB).

Recommendation:

(a) Approval of the Construction Impact Mitigation Plan (CIMP) for the 60-inch Brick Interceptor Replacement Phase IB Project.

(b) Report on bids and award of contract for the 60-inch Brick Interceptor Replacement Phase IB Project to the low bidder, Ranger Pipelines, Inc., in the amount of $16,573,661, and approval of contingency in the amount of $2,400,000.

CEQA: Negative Declaration, PP03-12-374. Council District 4. (Public Works)

8 AVIATION SERVICES

8.1 Council approval of the architectural concept developed for the Airport's North Concourse Project.

Recommendation: City Council approval of the architectural concept developed by staff in conjunction with feedback from Council and the community for the Airport's North Concourse Project. CEQA: Resolution Nos. 67380 and 71451, PP04-06-187. (Airport)
Key images

8.2 Adoption of a resolution to establish rental fees at Norman Y. Mineta San José International Airport.

* Recommendation: Adoption of a resolution amending Resolution No. 59988 to establish rental fees for use of unimproved land, use of paved land, passenger and air cargo aircraft parking on the ramp, and shared use passenger air carrier facilities at the Norman Y. Mineta San José International Airport. CEQA: Not a Project. (Airport). RECOMMEND DEFERRAL TO 6/29/04

9 PUBLIC SAFETY SERVICES

9.1 Approval of an agreement for Fire and Emergency Response Services.

Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a new and updated fire protection agreement (commonly referred to as the “Zone 1 Agreement”) with the Santa Clara County Central Fire Protection District (Central Fire), for a term beginning July 1, 2004 and ending June 30, 2009, with one-five year option, and providing for total estimated compensation to the City of $4 million per year. CEQA: Not a Project. (Fire)

10 JOINT COUNCIL/REDEVELOPMENT AGENCY

CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEM 10.1 IN A JOINT SESSION

10.1 Adoption of resolutions pertaining to the FY 2004-2005 Agency Operating and Capital Budgets.

* Recommendation: Adoption of resolutions by the City Council and Agency Board pertaining to the Agency's annual budgets and public improvements as follows:

(a) Adoption by the Agency Board of the Fiscal Year 2004 - 2005 Revenue and Appropriation Resolutions for the Operating and Capital Budgets; and making certain determinations regarding the expenditure of Agency funds to eradicate graffiti; and,

(b) Adoption of a resolution by the Agency Board approving amendments to the FY 2003 - 04 Appropriations Resolution to reflect various rebudgets and additions to the FY 2003 - 04 Capital Budget.

(c) Adoption of a resolution by the City Council making certain determinations regarding the expenditure of Agency funds on public improvements; and,

(d) Adoption of resolutions by the City Council and Agency Board authorizing the City Manager and Executive Director to negotiate and execute the FY 2004 - 2005 Cooperation Agreements between the City and the Agency for the Merged Area Redevelopment Project for Capital Improvements and the Agreement regarding Operating Expenses. DROP – Same as 10.2

(Redevelopment Agency)

*10.2 Approval of FY 2004-2005 Cooperation Agreements.

Recommendation: That the City Council and Agency Board adopt resolutions authorizing the City Manager and Interim Executive Director to negotiate and execute the Fiscal Year 2004-2005 Cooperation Agreements between the City and the Redevelopment Agency as follows:

(a) Agreement regarding Merged Area Redevelopment Project for Capital Improvements; and

(b) Agreement regarding operating expenses.

(City Manager’s Office/Redevelopment Agency)

(Rules Committee referral 6/16/04)

*10.3 Approval of the Downtown Design Review Process to Implement the Downtown Zoning Ordinance.

* Recommendation: Adoption of resolutions by the City Council and Redevelopment Agency Board approving the Enhanced Downtown Design Review process to review certain Downtown projects, establish thresholds for projects requiring enhanced design approval, utilize Redevelopment Agency funded contractual architectural services to implement the review process, and report to the City Council following one year of implementation of the program. CEQA: Resolution No. 65459. Council District 3. (City Manager’s Office/Redevelopment Agency)

(Council referral 3/16/04 – Item 10.1 and Deferred from 6/1/04 – Item 10.1 and 6/15/04 – Item 10.1)

* RECOMMEND DEFERRAL TO 6/29/04

· 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:

Tract	Location	Council District	Developer	Lots/ Units	Type	Proposed Decision
9549	Sw/c of Capitol Ave., Baton Rouge Drive	4	William Lyon Homes, Inc.	91 units/17 lots	SFA	Approval

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:

Tract	Location	Council District	Developer	Lots/Units	Type
9529	North of Aborn Road, east of Mosher Drive	8	Pinn Brothers Construction, Inc.	29 lots/28 units	SFDR

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

· Adjournment

[ Clerk Home | Agenda Index ]