SAN JOSE CITY COUNCIL

 

AGENDA

 

JUNE 29, 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)

            The Willow Glen Children’s Theatre

 

ADOURNMENT:  This meeting will be adjourned in memory of Bill Arnopp, former Executive Director of Silicon Valley Habitat for Humanity, who passed away in Dublin, Ireland, and Anh Dam, wife of John Dam, Deputy Director in Employee Services.

 

 

·                   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 commendations to PG&E and Orchard Supply Hardware for their exceptional work and generosity benefiting Christmas in the Park.  (Chavez)

 

1.2            Recognition of Local Organizing Committee for Olympic Trials in San José.  (Cortese)

 

1.3            Presentation of a proclamation declaring July 2004 as National Parks and Recreation Month.  (Parks, Recreation and Neighborhood Services)

 

1.4       Presentation of a proclamation declaring the week of July 18-24 as National Aquatic Week.  (Parks, Recreation and Neighborhood Services)

 

*1.5       Presentation of a commendation to Vanessa Flores, a James Lick High School graduate named a Gates Millennium Scholar, who will receive almost $25,000 for tuition annually to attend Santa Clara University.  (Campos)

            (Rules Committee referral 6/23/04)

 

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.

 

2.2              Final adoption of ordinances.

 

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 27182 – Amends Chapter 11.51 of Title 11 of the San José Municipal Code to designate the proper white curb marking for on-street valet parking zones; and adds a new Part 4 to Chapter 11.54 of Title 11 to authorize the Director of Transportation to establish on-street valet parking zones and regulations for issuing permits for the use of the on-street valet parking zones.

 

            (b)        ORD. NO. 27183 – Amends Section 1.08.025 of Chapter 1.08 of Title 1 of the San José Municipal Code to update the City’s list of parking violations, including new violations related to on-street valet parking zones.

 

            (c)        ORD. NO. 27185 – Amends Title 20 of the San José Municipal Code to modify the process for development permit acceptance and recordation and adds Sections related to abandonment of permit applications or inactive applications and makes other clarifying changes.

 

            (d)        ORD. NO. 27186 – Rezones certain real property situated on the west side of North First Street, on either side of Component Drive (2347 North First Street) to IP(PD) Planned Development Zoning District.  PDC 04-002

 

            (e)        ORD. NO. 27187 – Approves a Development Agreement between the City of San José and BEA Systems, Inc., relative to the development of property in North San José.

 

            (f)         ORD. NO. 27188 - Rezones certain real property situated on the easterly side of Senter Road, approximately 600 feet southerly of Needles Drive (1896 Senter Road) to A(PD) Planned Development Zoning District.  PDC 03-057

 

            (g)        ORD. NO. 27189 – Rezones certain real property situated on the southeast corner of 8th Street and Hedding Street (880 N. 8th Street) to A(PD) Planned Development Zoning District.  PDC 04-007

 

            (h)        ORD. NO. 27190 – Rezones certain real property situated on the south side of Tully Road, approximately 500 feet easterly of Monterey Highway (195 Tully Road) to CN Commercial Neighborhood Zoning District.  C 04-048

 

            (i)         ORD. NO. 27191 – Rezones certain real property situated on the southeast corner of N. Seventh and E. Taylor Streets (302 E. Taylor Street) to A(PD) Planned Development Zoning District.  PDC 03-056

 

            (j)         ORD. NO. 27192 - Rezones certain real property situated on the northwesterly corner of Elm Street and McKendrie Street to A(PD) Planned Development Zoning District.  PDC 04-050

 

            (k)        ORD. NO. 27193 - Rezones certain real property situated on the southeast corner of South 12th and Keyes Streets to A(PD) Planned Development Zoning District.  PDC 04-051

 

2.3              Approval to award a contract for the Alum Rock Park Quail Hollow Bridge Replacement Project. 

 

*  Recommendation:  Report on bids and award of contract for the Alum Rock Park Quail Hollow Bridge Replacement Project to the low bidder, AIS Construction, in the amount of $292,000, and approval of a contingency in the amount of $15,000.  CEQA:  Negative Declaration, PP02-09-235.  Council District 4.  (Public Works/Parks, Recreation and Neighborhood Services)

            (Deferred from 6/15/04 – Item 2.11)
Supplemental
Supplemental 2

 

2.4              Approval to amend an agreement for environmental and engineering consultant services at the Airport.

 

*          Recommendation:  Approval of a third amendment to the agreement with The Source Group, Inc. for environmental and engineering consultant services at the Norman Y. Mineta San José International Airport, increasing the maximum amount of the agreement by $500,000, from $279,000 to $779,000, and extending the term of the agreement from June 30, 2004 to June 30, 2005.  CEQA:  Resolution Nos. 67380 and 71451, PP04-06-188.  (Airport/Public Works)

 

2.5              Approval of Council Member Nora Campos’ travel.

 

            Recommendation:  Approval of Council Member Nora Campos’ travel to Burlington, Vermont, July 14-18, 2004, to attend the National League of Cities Conference, Municipalities in Transition Panel on Equity and Opportunity Committee:  Sustainable Communities 2004.  Funding:  Council District 5 Office Budget.  (Campos)

 

2.6              Approval to receive additional grant funds for the Urban Area Security Initiative.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute the Urban Area Security Initiative Grant for an additional $23,545, bringing the total grant award to $9,923,545.  CEQA:  Not a Project.  (City Manager’s Office)

 

2.7              Approval of fiscal actions for the Blackford Streetlights Project.

 

            Recommendation: 

            (a)        Adoption of 2004-2005 appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Blackford Streetlights Project (PSM 371) with a net impact to the fund of $31,500.

            (b)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Blackford Streetlights Project (PSM 371), as more specifically described in the memorandum from the Redevelopment Agency, dated April 16, 2004.

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

 

2.8              Approval of a three-month leave of absence for Arts Commissioner Sharon Gustafson. 

 

            Recommendation:  Approval of a three-month leave of absence for Arts Commissioner Sharon Gustafson.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment)

 

2.9              Approval of fiscal actions for Redevelopment Agency Capital Projects.

 

            Recommendation:  Adoption of 2004-2005 appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-Side Redevelopment Fund) in the amount of $1,750,170, for the:

            (a)            Washington and Edenvale Great Oaks Street Lights Project (PSM 368);

            (b)            Williams Street and McLaughlin Avenue Improvement Project (PSM 369);

            (c)            McLaughlin Avenue Improvement Project (PSM 370);

            (d)            Traffic Signal at 7th and Martha Streets Project (PSM 372);

            (e)            West San Carlos Street Improvement Project (PSM 373);

            (f)            Greater Gardner Neighborhood Streetscape Improvement Project (PSM 374);

            (g)            Martha Street Pedestrian/Bicycle Bridge Development Project (PSM 357);

            (h)            Mayfair Streetlights Project (PSM 359); and

            (i)            Selma Olinder Park Project (PSM 361).

            CEQA:  Not a Project.  Council Districts 2, 3, 6, and 7.  SNI:  Washington, Edenvale/Great Oaks, Five Wounds/Brookwood, Tully/Senter, Spartan/Keyes, Delmas Park, Greater Gardner.  (City Manager’s Office). Council District 5.  SNI:  Mayfair.

 

2.10          Approval of a grant agreement for the Tech Museum of Innovation.

 

            Recommendation:

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the Tech Museum of Innovation in a total amount not to exceed $300,000, for the purpose of replacing the heating, ventilation, and air conditioning (HVAC) system for McCabe Hall.

            (b)        Adoption of the following 2004-2005 appropriation ordinance and funding sources resolution amendments to:

                        (1)            Establish an appropriation to the Conventions, Arts and Entertainment Department for the Tech Museum of Innovation HVAC system project in the Redevelopment Capital Projects Fund (City-side Redevelopment Fund) in the amount of $300,000.

                        (2)            Increase the estimate for Earned Revenue in the Redevelopment Capital Projects Fund (City-side Redevelopment Fund) by $300,000.

                        (3)            Establish a General Fund Transfer to the Redevelopment Capital Projects Fund for the Tech Museum of Innovation HVAC system project in the amount of $150,000.

                        (4)            Decrease the Contingency Reserve in the General Fund by $150,000.

            CEQA:  Not a Project.  (Conventions, Arts and Entertainment/City Manager’s Office)

 

2.11          Approval of an agreement related to the Foreign Trade Zone #18.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a five-year agreement with San José Distribution Services to operate Foreign Trade Zone #18 in San José.  CEQA:  Not a Project.  Council District 7.  (Economic Development)

 

2.12          Approval of an agreement for water conservation programs.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute the agreement with the Santa Clara Valley Water District for cost sharing associated with implementation of water conservation programs in 2004-2005, under which the City will receive an amount not to exceed $280,000 from the District and the District will be paid an amount not to exceed $540,535 by the City, for a net cost to the City of $260,535.  CEQA:  Not a Project.  (Environmental Services)
TPAC

 

2.13          Approval to amend an agreement for market research for the Environmental Services Department.

 

            Recommendation:  Approval of the fifth amendment to the consultant agreement with GLS Research for market research for the Environmental Services Department to revise the scope of services and to extend the term of service by six months, from June 30, 2004 to December 31, 2004, at no additional cost to the City.  CEQA:  Not a Project.  (Environmental Services)

 

2.14          Approval to amend an agreement for the Countywide Household Hazardous Waste Collection Program.

 

            Recommendation:  Approval of the first amendment to the agency agreement with the County of Santa Clara for the countywide Household Hazardous Waste (HHW) Collection Program to update the drop-off service schedule and the charges to small businesses, at no additional cost to the City.  CEQA:  Exempt, PP03-05-172.  (Environmental Services)

 

2.15          Approval to amend an agreement for recycling and composting.

 

            Recommendation:  Approval of the fifth amendment to the consultant agreement with the University of California Cooperative Extension, Santa Clara for research on the use of municipally generated yard waste and food waste products, as well as composting of on-site business waste, to extend the term for 12 months, from August 1, 2004 to August 1, 2005, and to increase the compensation by $30,000, for a total not to exceed $181,000.  CEQA:  Not a Project.  (Environmental Services)

 

2.16          Approval of actions related to Federal grants for the Office of Emergency Services.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) to accept program funds from Santa Clara County’s Operational Area share of Federal grants, in an amount not to exceed $194,495.09:

            (a)        FY 2003 Supplemental Appropriations Grant for the Emergency Management Performance Grant.

            (b)        FY 2003 CERT Grant.

            (c)        FY 2004 Citizen Corps Grant.

            (d)        FY 2004 Emergency Management Performance Grant.

            CEQA:  Not a Project.  (Emergency Services)

 

2.17          Approval to amend an agreement for workers’ compensation cost containment services.

 

            Recommendation:  Approval of an amendment to the agreement with Fair Isacc Corporation (Formerly Diversified HealthCare Services) to provide workers’ compensation cost containment services, to reflect a change in name of the company, to modify the scope of services, to increase compensation to an amount not to exceed $950,000 for FY 2003-02004, and to increase the total amount of compensation in option years 2, 3, and 4 to an amount not to exceed $850,000.  CEQA:  Not a Project. (Employee Services)

 

2.18          Approval of open purchase orders for the purchase of supplies, materials, equipment and services.

 

            Recommendation: 

            (a)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #25, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

            (b)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #26, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

            (c)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2004-2005 #1, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)
TPAC

            (d)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2004-2005 #2, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

 

2.19          Approval to purchase a Sun Unix Server System for time card/payroll processing.

 

            Recommendation:  Approval to award the purchase of Sun Unix Server Cluster System (hardware, software & services) to the low bidder, Helio Solutions Inc., in the amount of $200,012, including tax, delivery, installation, and initial year maintenance; and authorization for the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)

 

2.20          Approval to amend an agreement for the City’s Parking Guidance System.

 

            Recommendation:  Adoption of a resolution authorizing the Director of General Services to negotiate and execute an amendment to the agreement with Scheidt and Bachmann USA Inc. (S&B) to increase the scope of services to include the purchase of Parking Guidance System for the City’s downtown parking garages in an amount not to exceed $225,000, including delivery, installation, training, tax, and first year of maintenance and warranty.  CEQA:  Not a Project.  (General Services/Transportation)

 

2.21          Approval of a retroactive agreement for providing services to the homeless.

 

*          Recommendation:  AAdoption of a resolution authorizing the Director of Housing to negotiate and execute a retroactive agreement for the period of September 1, 2003 to December 31, 2004, with the Emergency Housing Consortium in the amount of $200,000 for providing services to the homeless.  CEQA:  Not a Project.  (Housing)

 

2.22          Approval of an agreement to provide rental assistance and case management services to individuals and families living with HIV/AIDS.

 

*          Recommendation:  Adoption of a resolution authorizing the Director of Housing to negotiate and execute a retroactive agreement for the period of July 1, 2003 to June 30, 2004, with Health Connections in the amount of  $763,390, for providing rental assistance and case management services to individuals and families living with HIV/AIDS, under the 2003 HOPWA Entitlement Program.  CEQA: Not a Project.  (Housing)

 

2.23          Approval of an agreement to operate and schedule youth sports and recreational activities at PAL.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the San José Police Activities League (PAL) to operate and schedule youth sport and other recreational activities at the 680 South 34th Street facilities for a term of five years, and with an annual compensation of $5,284 paid to the City.  CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

 

2.24          Approval of Parks, Recreation and Neighborhood Services’ agreements for FY 2004-05.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to:

            (a)        Negotiate and execute agreements for Parks, Recreation and Neighborhood Services Department programs consistent with the amounts budgeted for these programs in the adopted budget for 2004-05;

            (b)        Accept grant funds from the County of Santa Clara (County) for provision of mental health services and senior nutrition programs, in amounts consistent with budgeted amounts, and on terms and conditions determined reasonable by the City Manager;

            (c)        Negotiate mental health services and senior nutrition programs, in amounts consistent with budgeted amounts, and on terms and conditions determined reasonable by the City Manager; and execute all agreements and amendments thereto related to the County grant funds awarded for 2004-05 in amounts consistent with budgeted amounts;

            (d)        Enter into a three-month extension of the Senior Nutrition Agreement into the first three months of FY 2005-06 and to accept grant funds for that period in amounts consistent with budgeted amounts, until a new agreement for 2005-06 is finalized with the County; and

            (e)        Negotiate and execute an amendment to the current 3-year Grant Agreement with the California Department of Education to accept the increase of $138,556 in the grant funds for FY’s 2003-04 and 2004-05 for the San Jose L.E.A.R.N.S. Program.

            CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

 

2.25          Approval of actions to donate land in Alviso to the City.

 

*          Recommendation:

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

            (a)        An amendment to the agreement for transfer of property to the City of San José from Cisco Technology, Inc., dated March 29, 2004, to add two additional parcels of undeveloped land to its property transferred in the original agreement; and

            (b)        Any other necessary documents to complete the transaction.

            CEQA:  Resolution No. 69636, PP04-06-198.  Council District 4.  (Parks, Recreation and Neighborhood Services)

 

 

2.26          Approval of actions for improvements at Vista Park.

 

            Recommendation: 

            (a)        Adoption of the following 2004-2005 appropriation ordinance amendments in the Park Trust Fund to:

                        (1)            Establish an appropriation for the Vista Park Community Room and Restroom Project for $188,000 to the Department of Parks, Recreation and Neighborhood Services;

                        (2)            Establish an appropriation for the Vista Park Backstop Relocation Project for $99,000 to the Department of Parks, Recreation and Neighborhood Services;

                        (3)            Decrease the Reserve: District 10 Park Acquisition by $287,000;

            (b)        Adoption of a resolution authorizing the City Manager to negotiate and execute a Turnkey Park Agreement with SummerHill Homes for Planned Development Permit PD02-032 (PT02-056) to construct the Community Room and Restroom Project at Vista Park.

            CEQA:  Exempt, PP04-06-199.  Council District 10.  (Parks, Recreation and Neighborhood Services/City Manager's Office)

 

2.27          Approval of actions related to grant agreements for the Dobern Bridge/Trail, Selma Olinder Park/Coyote Creek Trail and Willow Glen Spur Trail Projects.

 

            Recommendation:

            (a)        Adoption of a resolution:

                        (1)        Authorizing the City Manager to negotiate and execute grant agreements with the Santa Clara Valley Water District (SCVWD) and submit all necessary documents:

                                    (a)        To receive $250,000 for the design, construction, inspection, and project management associated with the Dobern Bridge/Trail Project in Council District 5.

                                    (b)        To receive $250,000 for the design, construction, inspection, and project management associated with the development of Selma Olinder Park/Coyote Creek Trail Project in Council District 3.

                                    (c)        To receive $300,000 for the acquisition of property and project management associated with the Willow Glen Spur Trail Project in Council District 6; and

                        (2)        Providing the following certifications and appointment associated with the funding:

                                    (a)        Certify that the City has or will have sufficient funds to operate and maintain the projects subject to Council         appropriation;

                                    (b)        Certify that the City has reviewed, understands, and agrees to the Special Provisions, General Provisions, and Financial Provisions contained in the agreements; and

                                    (c)        Appoint the City Manager as agent to conduct all negotiations, execute, and submit all documents which may be necessary for the completion of projects.

            (b)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the FY 2004-2005 Council District 5 Construction and Conveyance Tax Fund to:

                        (1)        Increase the estimate for Earned Revenue by $250,000.

                        (2)        Establish an appropriation to the Parks, Recreation and Neighborhood Services Department for the Dobern Bridge/Trail Project in the amount of $250,000.

            (c)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the FY 2004-2005 Council District 3 Construction and Conveyance Tax Fund to:

                        (1)        Increase the estimate for Earned Revenue by $250,000.

                        (2)        Establish an appropriation to the Parks, Recreation and Neighborhood Services Department for the Selma Olinder Park/Coyote Creek Trail Project in the amount of $250,000.

 

     (d)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the FY 2004-2005 Council District 6 Construction and Conveyance Tax Fund to:

                        (1)        Increase the estimate for Earned Revenue by $300,000.

                        (2)        Establish an appropriation to the Parks, Recreation and Neighborhood Services Department for the Willow Glen Spur Trail Project in the amount of $300,000.

                        CEQA:  Dobern Bridge/Trail, PP03-11-352; Selma Olinder/Coyote Creek Trail, PP00-10-147; Willow Glen Spur Trail, PP03-05-143.  Council Districts 3, 5, and 6.  SNI:  Five Wounds/Brookwood Terrace, Spartan/Keyes, Tully/Senter, E. Valley/680.  (Parks, Recreation and Neighborhood Services/City Manager's Office)

            (e)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the FY 2004-2005 Council District 6 Construction and Conveyance Tax Fund to:

                        (1)            Increase the estimate for Earned Revenue by $300,000.

                        (2)            Establish an appropriation to the Parks, Recreation and Neighborhood Services Department for the Willow Glen Spur Trail Project in the amount of $300,000.

            CEQA:  Dobern Bridge/Trail, PP03-11-352; Selma Olinder/Coyote Creek Trail, PP00-10-147; Willow Glen Spur Trail, PP03-05-143.  Council Districts 3, 5, and 6.  SNI:  Five Wounds/Brookwood Terrace, Spartan/Keyes, Tully/Senter.  (Parks, Recreation and Neighborhood Services/City Manager's Office)

 

2.28          Approval to award a contract for the Fourth Street/Zanker Road Sanitary Sewer Rehabilitation Project. 

 

            Recommendation:  Report on bids and award of contract for the Fourth Street/Zanker Road Sanitary Sewer Rehabilitation Project to the low bidder, McGuire and Hester, in the amount of $239,370, and approval of a contingency in the amount of $24,000.  CEQA:  Exempt, PP04-02-030.  Council Districts 3 and 4.  (Public Works)

 

2.29          Approval of an agreement for the purchase of a trail easement.

 

*          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 trail easement over a1000 feet portion of the transmission line corridor property extending approximately from Story Road to Ocala Avenue, and approximately 300 feet west of Capitol Expressway, for an amount not to exceed $6,250, and any additional documents necessary to complete the transaction.  CEQA:  Exempt, PP04-03-065.  Council District 5.  SNI:  East Valley/680.  (Public Works)

 

2.30          Approval of Purchase and Sale Agreements for the Story Road Redevelopment Project Area.

 

            Recommendation:  Approval of Purchase and Sale Agreements with:

            (a)        Albert and Lily Toy, in the amount of $10,300, plus related closing costs, for the acquisition of a portion of 1101 South King Road (APN: 486-10-068), in the area of the proposed streetscape for the Story Road Redevelopment Project Area; and,

            (b)        Dennis Fong and Polly Kam, in the amount of $95,000, plus related closing costs, for the acquisition of a portion of 1666 South King Road (APN: 486-10-086,88,89), in the area of the proposed streetscape for the Story Road Redevelopment Project Area.

            CEQA:  Exempt, PP04-05-171.  Council District 5.  (Public Works). RECOMMEND DEFERRAL TO 8/3/04

 

2.31          Approval of an agreement for the Los Gatos Creek Trail Reach 4-Lincoln/Auzerais Project.

 

            Recommendation:  Approval of the agreement for civil engineering services with A-N West, Inc. for the Los Gatos Creek Trail Reach 4-Lincoln/Auzerais Project, for a total amount of $318,760, for a term from the date of execution to December 31, 2008.  CEQA:  Not a Project.  Council District 6.  (Public Works)

 

2.32          Approval of an agreement for development of Fire Station No. 35. 

 

*          Recommendation:  Approval of an agreement with Public Storage, Inc. for acquisition of a permanent access easement over property located at 88 Blossom Hill Road for development of Fire Station No. 35, in return for City's commitment to construct certain improvements on the easement area.  CEQA:  Exempt, PP04-06-192.  Council District 2.  (Public Works/Fire)

 

2.33          Adoption of a resolution establishing speed limits.

 

*          Recommendation:  Repeal Resolution No. 71634 related to the establishment of speed limits in the City of San José, and adopt a resolution establishing speed limits with changes to the following roadways within the City of San José:

            (a)        Re-establish speed limits with changes to the following roadways within the City of San José:

                        (1)            Mount Pleasant Road, between Clayton Road and Marten Avenue, from 35 MPH to 30 MPH.

                        (2)            McKean Road, between Almaden Road and Harry Road, from 40 MPH to 35 MPH.

                        (3)            Senter Road, between Keyes Street and Tully Road, from 45 MPH to 40 MPH.

            (b)        Establish speed limits on the following roadways within the City of San José:

                        (1)            Winfield Boulevard, between Coleman Road and the southerly terminus, 30 MPH.

                        (2)            Foxworthy Avenue, between Old Almaden Road and Hillsdale Avenue, 35 MPH.

            CEQA:  Exempt, PP04-06-186.  Council Districts 5, 6, 7, and 10.  (Transportation)

 

2.34          Approval of a Community Event for use of the HP Pavilion.

 

            Recommendation:  Approval of use of the HP Pavilion at San José for a Community Event date, at a 75% program funding level that is not to exceed $30,000, for the San José Jazz Society Salsa Dance Party Concert on August 6, 2004.  CEQA:  Not a Project.  (San José Arena Authority)

 

*2.35     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)

            (Deferred from 6/22/04 – Item 2.9)
*        RECOMMEND DEFERRAL TO 8/3/04

 

*2.36     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 (Mike Rawitser) 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, from the date of execution to January 31, 2006.  Council District 4.  (Parks, Recreation and Neighborhood Services/Public Works)

            (Deferred from 6/22/04 – Item 2.15)

 

 

*2.37     Approval of a grant agreement to provide pedestrian and bicycle safety program to elementary and middle school students.

 

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the State of California Office of Traffic Safety to receive grant funding in an amount not to exceed $230,130, to provide a pedestrian and bicycle safety program to elementary and middle school students.

            (b)        Adoption of the following 2004-2005 appropriation ordinance and funding sources resolution amendments in the General Fund:

                        (1)        Increase the estimate for Revenue from the State by $121,200.

                        (2)        Increase the Department of Transportation Non-Personal/Equipment appropriation by $64,500.

                        (3)        Increase the Department of Transportation Personal Services appropriation by $56,700.

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

            (Rules Committee referral 6/23/04)

 

*2.38     Scheduling of one-day City Council Study Session in August, the anniversary of last year's “Getting Families Back to Work” study session.

 

*          Recommendation: Direct the City Manager to schedule one-day City Council Study Session on August 27, the anniversary of last year's “Getting Families Back to Work” study sessions, to focus on job creation and rentention and the results and progress we have made over the past twelve months.  (Mayor)

            (Rules Committee referral 6/23/04)

 

*2.39     Approval of a Council Policy on use of City-issued credit cards.

 

            Recommendation:  Adoption of a resolution approving a Council Policy on use of City-issued credit cards by Council Members and Council Appointees.  (City Attorney’s Office)

            (Rules Committee referral 6/23/04)

 

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – June 16, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review June 29, 2004 Draft Agenda

                        (2)            Add New Items to June 22, 2004 Amended Agenda

·        Mayor and Council Member Requests

·        City Manager Requests

·        City Attorney Requests

·        City Clerk Requests

                        (3)            List of Reports Outstanding

            (c)            Legislative Update

                        (1)            State

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

                                                HEARD BY COUNCIL ON 6/22/04

                        (2)            Federal

                                    (a)            Federal Lobbyist Report

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)            Selection of Airport Public Art Master Plan Consultant

            (h)        Oral communications

            (i)         Adjournment

 

*     Meeting of June 23, 2004

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

            (b)        City Council

                        (1)        Review July 6, 2004 Draft Agenda

                                    DROP – Legislative Recess

                        (2)        Add New Items to June 29, 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

                        (1)        Approve Rules-in-Lieu Schedule

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

                        (1)        Elections Commission Resignation

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Selection of Airport Public Art Master Plan Consultant

                        (2)        Approve Council Committee Workplans

                                    (a)        All Children Achieve

                                    (b)        Building Better Transportation

                                    (c)        Building Strong Neighborhoods

                                    (d)        Driving a Strong Economy

                                    (e)        Making Government Work Better

                                    (f)         Rules

                        (3)        Request to extend due date for draft of High-Rise Safety Regulation Review

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

 

3.4              Interview and appointment of Planning Commissioners.

 

            Recommendation:  Interview and appoint four Planning Commissioners for terms ending June 30, 2008.  (City Clerk)

            (Deferred from 6/1/04 – Item 3.6)

 

 

3.5       Approval of actions for the New City Hall.

 

            Recommendation: 

            (a)        (1)        Report on bids and recommend award of contract for the San José Civic Center Audio Visual (A/V) Systems Project to the low bidder, Ceitronics, Inc. in the amount of $3,946,392.

                        (2)        Adoption of a resolution authorizing the City Manager to negotiate and execute deductive and additive change orders to the Contract so long as the total contract amount does not exceed $3,946,392; and

                        (3)        Direct staff to downgrade the audiovisual technology in conference rooms and reduce the number of video cubes at the unit price established in the bid for a total reduction up to $360,774.

                        CEQA:  Civic Plaza Redevelopment Plan, Resolution No. 68905, PP98-03-072.  SNI:  University.  (Public Works/City Manager’s Office)

            (b) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Andrew Leicester to fabricate and install artworks for the New City Hall Streetscape public art project, for an amount not to exceed $920,000. CEQA: Exempt, PP04-02-034. (Conventions, Arts and Entertainment)

            (c)        Approval to:

                        (1)        Execute a contract change order with Skymaster, Inc. in the amount of $389,057, for window washing equipment for the Rotunda Brise Soleil for a total contract not to exceed $1,286,436; and,

                        (2)        Report back to Council within 3 months with a recommendation on the procurement of a window cleaning hydraulic-lift or alternative window cleaning services.

                        CEQA:  Civic Plaza Redevelopment Plan, Resolution No. 68905, PP98-03-072.  (City Manager’s Office/General Services)

                        (Rules Committee referral 6/23/04)

            (d)        Direct staff to:

                        (1)        Issue a Request for Proposals (RFP) to solicit up to three tenants for approximately 6,000 square feet of first floor space fronting South Fourth Street space available in the New City Hall;

                        (2)        Model the RFP on the successful Fourth Street Garage retail project RFP;

                        (3)        Solicit responses from a broad array of commercial retail brokers and restaurant owners and representatives.  

                        (Economic Development)

                        (Rules Committee referral 6/23/04)

 

3.6       Review of the CUSP Procurement Evaluation Process.

 

            Recommendati