SAN JOSE CITY COUNCIL

AMENDED AGENDA

NOVEMBER 25, 2003

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 10)

            * Pastor Kyle Windsor, South Valley Christian Church

·                   Pledge of Allegiance

·                   Orders of the Day

            * Items marked with an asterisk (*) denote changes or additions to the previously published Agenda for this meeting.

            ITEM 10.1 IS TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

            THERE WILL BE A SAN JOSÉ FINANCING AUTHORITY MEETING FOLLOWING THE REGULAR SESSION OF THE COUNCIL 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 proclamation declaring December 1, 2003, as World AIDS Day in San José.  (Disability Advisory Commission)

1.2       Presentation of a commendation to La Oferta Newspaper for its 25^th anniversary and its role in preserving the history of San José.  (Reed)

1.3       Presentation of a photograph of Felix Buelna former Alcade of San José.  (Reed)

*1.4       Presentation of a commendation to the Century Theaters for their contributions to the YMCA and Next Door, Solutions to Domestic Violence.  (Dando)

            (Rules Committee referral 11/19/03)

*1.5       Presentation of a commendation to Westfield Shoppingtown Oakridge and Valley Fair for its annual “Westfield Works Wonders” event where non-profit organizations receive all the proceeds and are asked to sell tickets to this holiday shopping kick-off.  Last year’s Westfield Works Wonders raised over $61,000, which benefited many of our San Jose schools.    (Dando, Yeager)

            (Rules Committee referral 11/19/03)

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 August 26, 2003

            (b)        Joint Council/Redevelopment Agency Board meeting of August 26, 2003

            (c)        Regular meeting of September 2, 2003

            (d)        Regular meeting of September 9, 2003

            (e)        Regular meeting of September 16, 2003

            (f)         Joint Council/Redevelopment Agency Board meeting of September 16, 2003

2.2              Final adoption of ordinances.

2.3              Approval of a cost sharing agreement with the Santa Clara Valley Water District.

            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Santa Clara Valley Water District (District) for cost sharing associated with implementation of water conservation programs in 2003-2004, under which the City will receive an amount not to exceed $362,500 from the District, and the District will receive an amount not to exceed $446,847 from the City.   CEQA:  Not a Project.  (Environmental Services)

            (Deferred from 10/28/03 – Item 2.5 and 11/18/03 – Item 2.3)

2.4              Approval of fiscal actions for various projects.

            Recommendation:   Adoption of the appropriation ordinance and amendments in the services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund):

            (a)        Increase the appropriation to the Department of Transportation for the Santa Teresa Boulevard Median Island Project by $27,177;

            (b)        Increase the appropriation to the Public Works Department for the Rincon Pump Station by $118,000;

            (c)        Increase the appropriation to the Public Works Department for the Fallon Statue Public Art Project by $57,214;

            (d)        Increase the appropriation to the Public Works Department for the Monterey Pedestrian Streetlight Design Project by $75,680;

            (e)        Increase the appropriation to the Public Works Department for the Center for Performing Arts Improvements Project by $35,896; and

            (f)         Decrease the Ending Fund Balance by $313,967.

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

2.5              Approval to change the Project & Program Arts Grant Program maximum grant amount.

            Recommendation:  Adoption of a resolution approving a change to the Project & Program Arts Grant Program by reducing the maximum grant amount in the Project & Program Arts Grant Program from $30,000 to $18,000 for FY 2004-05, in order to be better aligned with the amount of funds available to support arts grants.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment)

2.6              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 #6, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

2.7              Acceptance of a report on RFQ for security services.

            TPAC

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

(a)        Execute a one-year agreement with two, one-year options to renew with Silicon Valley Security and Patrol, Inc. for security guard services for the Department of Transportation (DOT), with a total first year compensation not to exceed $389,191;

            (b)        Execute a one-year agreement with two, one-year options to renew with Silicon Valley Security and Patrol, Inc. for security guard services for Parks, Recreation and Neighborhood Services Department (PRNS), with a total first year compensation not to exceed $81,689;

            (c)        Execute a one-year agreement with two, one-year options to renew with National Security Industries for security guard services for the General Services Department (GSD), with a total first year compensation not to exceed $105,783;

(d)        Execute a one-year agreement with two, one-year options to renew with National Security Industries for security guard services for the Environmental Services Department/Water Pollution Control Plant (ESD/WPCP), with a total first year compensation not to exceed $180,940;

            (e)        Execute change orders to each of the four one-year agreements for a contingency amount not to exceed 10% of the first year compensation in the event that additional security hours are required due to unforeseen circumstances, without further City Council action other than the appropriation of necessary funding; and

            (f)         Execute each of the options to renew on all four agreements without further City Council action other than the appropriation of necessary funding.

            CEQA:  Not a Project.  (General Services)

2.8              Approval to reject bids and re-bid the San José City Hall and Annex New Fire Alarm System Project.

            Recommendation:  Approval to reject the bids for the San José City Hall and Annex New Fire Alarm System Project due to non-clarity in the contractor submittals of the Schedule of Quantities, and authorization for the Director of General Services to re-advertise and re-bid the project.  CEQA:  Exempt, PP03-08-262.  Council District 3.  (General Services/Public Works)

2.9              Approval of an agreement for the provision of 311 services.

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

            (a)        An agreement between SBC California and the City of San José, for 311 services, for an annual maximum compensation of $89,400.48; and

            (b)        Annual extensions of the agreement without further City Council approval other than the appropriation of funding.

            CEQA:  Not a Project.  (Information Technology)

2.10          Approval of an agreement for preparation of an EIR for the Almaden Youth Sports Complex.

*            Recommendation:

            (a)        Approval of an agreement with RBF Consulting for Preparation of an Environmental Impact Report for the Almaden Youth Sports Complex (GP10-T-02) in the amount of $294,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Council District 10 Construction and Conveyance Tax Fund:

                        (1)        Establish an appropriation to the Planning, Building and Code Enforcement Department for the Almaden Youth Sports Complex Environmental Impact Report Project in the amount of $194,000.

                        (2)        Decrease the Ending Fund Balance appropriation by $194,000.

            (c)        Adoption of the following appropriation ordinance amendments in the General Fund:

                        (1)        Establish an appropriation to the Planning, Building and Code Enforcement Department for the Almaden Youth Sports Complex Environmental Impact Project in the amount of $100,000.

                        (2)        Decrease the Contingency Reserve appropriation by $100,000.

            CEQA:  Not a Project.  Council District 10.  (Planning, Building and Code Enforcement/City Manager’s Office)

2.11          Approval to award a contract for the Noble Park Play Area Renovation Project.

*            Recommendation:  Report on bids and take appropriate action based on the evaluation of bids for the Noble Park Play Area Renovation Project, and approval of a five percent contingency.  CEQA:  Exempt, PP03-09-284.  Council District 4.  (Public Works/Parks, Recreation and Neighborhood Services). RECOMMEND DEFERRAL TO 12/9/03

2.12          Approval to award a contract for the construction of the Redmond Avenue Median Island Improvements.

            Recommendation:  Report on bids and award of contract for the construction of the Redmond Avenue Median Island Improvements to the low bidder, HSR, Inc., to include the base bid and Add Alternate No. 1 in the amount of $220,596, and approval of a contingency in the amount of $12,000.  CEQA:  Exempt, PP02-12-382.  Council District 10.  (Public Works)

2.13     Approval to award a contract for the Plaza de Cesar Chavez Electrical Upgrades Project.

*            Recommendation:  Report on bids and take appropriate action based on the evaluation of bids for the Plaza de Cesar Chavez Electrical Upgrades Project, and approval of a fifteen percent contingency.  CEQA:  Exempt, PP03-06-202. Council District 3.  (Public Works/Parks, Recreation and Neighborhood Services)

            (Deferred from 11/18/03 – Item 2.20)

            RECOMMEND DEFERRAL TO 12/9/03

2.14     Approval of actions related to the Cisco Public Services Summit.

*            Recommendation: 

            (a)        Acceptance of travel and lodging expenses from Cisco Systems to the City of San José for a City representative to attend the Cisco Public Services Summit in Stockholm, Sweden and Oslo, Norway, from December 8 to December 12, 2003 during Nobel Week 2003.

            (b)        Designation of Mayor Ron Gonzales to represent the City of San José and approval of Mayor Gonzales’ travel to Stockholm, Sweden and Oslo, Norway, from December 8 to December 12, 2003 to attend and speak at the Cisco Public Services Summit @ Nobel Week 2003, funded entirely by Cisco Systems, Inc.

            (City Manager’s Office)

            (Rules Committee referral 11/19/03)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – November 12, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review November 25, 2003 Draft Agenda

                        (2)        Add New Items to November 18, 2003 Amended Agenda

·        Mayor and Council Member Requests

·        City Manager Requests

·        City Attorney Requests

·        City Clerk Requests

                        (3)        List of Reports Outstanding

            (c)        Legislative Update

                        (1)        State

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Report back on workload assessment to develop an ordinance to allow disability payments to be excluded from income taxes

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee – November 12, 2003

            Council Member Campos, Chair
Summary

            (a)        Public Works/Office of Equality Assurance Performance Update

            (b)        Budget Document Reorganization and Consolidation Update

            (c)        City Service Area (CSA) Performance Measurements Follow-up Report

            (d)        City Clerk One-Stop Shop follow-up report

            (e)        Oral petitions

            (f)         Adjournment

3.4              Council appointments to various Boards and Commissions.

            Recommendation:  Appointments to the following Boards and Commissions:

            (a)        Federated Retirement Board :  1 employee/member to a four year term ending 11/30/07.

            (b)        Police & Fire Retirement Board:  1 Fire Department employee/member to a four year term ending 11/30/07.

            (c)        Suggestion Award Commission: 2 employees and 1 employee alternate to two year terms ending 11/30/05.

            (City Clerk)

3.5       Civil Service Commission interviews.

*          Recommendation:  Interview Civil Service applicants and appointment of three Commissioners to fill four-year terms ending December 1, 2007.  (City Clerk)

            (Rules Committee referral 11/19/03)

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 the RFP for the management and operation of the San José Convention Center and Cultural Facilities. 

*            Recommendation:

            (a)        Approval of the draft Request for Proposals (RFP) for the management and operation of the San José Convention Center and Cultural Facilities; and

            (b)        Approval of revised timeline for the RFP process.

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

4.4              Approval of the Economic Development Strategy.

            Recommendation:  Adoption of a resolution approving the Economic Development Strategy.  CEQA:  Not a Project.  (Economic Development)
* RECOMMEND DEFERRAL TO 12/2/03

4.5              Approval of the action plan responding to concerns regarding Predatory Lending.

            Recommendation:  Approval of the action plan responding to concerns regarding Predatory Lending.  CEQA:  Not a Project.  (Housing)

4.6              Public Hearing on the historical property contract for the Twohy Building.

            Recommendation:  PUBLIC HEARING ON HISTORICAL PROPERTY CONTRACT for the Twohy Building, City Landmark No. HL01-134, located at 200-210 South First Street.  (CIM/Twohy LLC, Owner).  CEQA:  Exempt.  (Planning, Building, and Code Enforcement)

            MA 03-002 - District 3

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee – November 13, 2003

            Council Member Yeager, Chair
Summary

            (a)        Report on Public Safety and Truancy

            (b)        San José After School Program Transition

            (c)        Report on Library’s Role in Helping Children Achieve

            (d)        Civic Center Childcare Update

            (e)        Oral petitions

            (f)         Adjournment

5.2              Approval of revisions to the Operating Arts Grant Program.

*          Recommendation: 

            (a)        Adoption of a resolution approving the following revisions to the Operating Grant Program:

                        (1)        Set forth in the grant guidelines estimated ranges of reference percentages of operating revenues used in determining grant amounts in each grant category of the Operating Grant Program that reflect more realistically the recent decline in City’s Transient Occupancy Tax revenues (TOT) and the availability of funds for granting;

                        (2)        Revise the revenue period to which the percentages mentioned above refer from a single year, the most recently completed fiscal year at the time of the grant-application deadline, to the average of revenues over the three most recently completed fiscal years at the time of the application deadline.

                        (3)        Extend the basic method for determining recommended grant awards used in the Artist Organization (AO) and Resident Arts Organization (RAO) categories to the Professional Arts Institution (PAI) and Resident Arts Institution (RAI) categories, and retire the three-part formula presently used in the PAI and RAI categories.

                        (4)        In the first year of implementation of these revisions, recommend grant awards in the PAI and RAI categories that are the average of the amounts proposed by the review panel without using the three-part formula and the amounts that would have resulted had the three-part formula been in use.

                        (5)        As in the case of the AO and RAO categories, should the review panel recommend that an application in the PAI or RAI categories not be funded as a result of the evaluation, then the panel recommendation for no funding will supersede any potential grant calculations made pursuant to the foregoing criteria.

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

            (b)        Adoption of a resolution approving a change to the Project & Program Arts Grant Program by reducing the maximum grant amount in the Project & Program Arts Grant Program from $30,000 to $18,000 for FY 2004-05, in order to be better aligned with the amount of funds available to support arts grants.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment)

                        RENUMBERED FROM ITEM 2.5
*  RECOMMEND DEFERRAL TO 12/2/03

5.3              Approval of funding extensions for various CDBG projects.

            Recommendation:

            (a)        Approval of an extension of the funding term for six months for the G43 Roosevelt Roller Hockey Rink Project – Parks, Recreation and Neighborhood Services.

            (b)        Approval of an extension of the funding term for one year for the following projects:

                        (1)        G33 Goss Community Facility – Parks, Recreation and Neighborhood Services;

                        (2)        G44 Cypress Senior Center – Parks, Recreation and Neighborhood Services;

                        (3)        G46 O’Connor Park Restroom Building  – Parks, Recreation and Neighborhood Services;

                        (4)        Selma Olinder Park – Parks, Recreation and Neighborhood Services;

                        (5)        G48 Elizabeth Street Improvement Project (Phase 1) - Department of Transportation;

                        (6)        G51 Street lighting: Reed Street Pedestrian Corridor Extension – Department of Transportation;

                        (7)        G54 Guadalupe – Washington Alley Reconstruction (C1 & C2) – Department of Transportation ; and

                        (8)        K16 Therapeutic Recreation and Wellness Facility Pre-Development Project - Parks, Recreation and Neighborhood Services.

            (c)        Approval of an extension and continuation of the funding term, from December 31, 2001 to June 30, 2004, for the F80 East Community Resource Center Project - Society of St. Vincent De Paul, Santa Clara County Council, Fiscal Agent for East Community Resource Center.

            Council Districts 1, 3, 4, 5, 6, 7, and 9.  SNI:  University, Five Wounds, Brookwood Terrace, East Valley/680 Communities, Burbank/Del Monte, and Washington.  CEQA:  Exempt, PP03-10-324.  (Parks, Recreation and Neighborhood Services)

5.4              Approval to award a contract for the Alum Rock Branch Library Project.

*            Recommendation:  Report on bids and award of contract for the construction of the New Alum Rock Branch Library Project to the low bidder, West Bay Builders, Inc., to include the base bid and Add Alternates Nos. 1, 2, and 4 in the amount of $8,225,000, and approval of a contingency in the amount of $822,000.  CEQA:  Negative Declaration, H02-064.  Council District 5.  SNI:  East Valley/680 Communities.  (Public Works/Library)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

6.2              Approval to award a contract for the King Road Widening Project (Phase II).

*            Recommendation:  Report on bids and award of contract for the King Road Widening Phase II Project to the low bidder, Grade Tech, Inc., in the amount of $892,743, and approval of a contingency in the amount of $45,000.  CEQA:  Mitigated Negative Declaration, PP02-11-335.  Council District 4.  (Public Works/Transportation)

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Approval to award a contract for reinforced concrete pipe.

            Recommendation:  Report on bids and award of contract for the 60-inch RCP Interceptor Rehabilitation Phase VB Project to the low bidder, Spiniello Companies, Inc. in the amount of $5,675,180, and approval of a contingency in the amount of $600,000. 

            CEQA: Exempt, PP03-07-243.  Council District 4.  (Public Works)

8     AVIATION SERVICES

9     PUBLIC SAFETY SERVICES

9.1              Approval of an ordinance relating to fire safety during construction.

*          Recommendation:  Approval of an ordinance amending Title 17 of the San José Municipal Code by adding a new Chapter 17.82 relating to Fire/Planning, Building and Code Enforcement)

            (Deferred from 10/14/03 – Item 9.1 and 11/18/03 – Item 9.1)

9.2              Approval of various actions related to the LLEBG Grant.

            Recommendation:  Public Hearing and approval of the Local Law Enforcement Block Grant (LLEBG) 2003-2005 Spending Plan and adoption of related appropriation actions for Fiscal Year 2003-2004.  CEQA:  Not a Project.  (City Manager's Office/Police)

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

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

10.1          Approval of a report on partnering and dispute resolution efforts on construction projects.

            Recommendation:  Approval of a report on partnering and dispute resolution efforts on construction projects.  CEQA:  Not a Project.  (City Manager's Office/Redevelopment Agency)

10.2     Development of a protocol for disclosure of public records under the California Public Records Act.

*          Recommendation:  Adopt a Statement of Policy and General Rules to guide the City Attorney in the development of a protocol for disclosure of public records under the California Public Records Act.  (Reed)

            (Rules Committee referral 11/19/03)

            ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

·                   Closed Session Report

·                   Notice of City Engineer’s Pending Decision on Final Maps

             In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:

            None.

            In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

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

·                   Adjournment

JOINT CITY OF SAN JOSÉ

CITY COUNCIL/REDEVELOPMENT AGENCY/FINANCING AUTHORITY

AGENDA

1:30 P.M.                  TUESDAY, NOVEMBER 25, 2003         CHAMBERS

1.         Call to Order

2.         Approval of various actions related to investing monies in the Local Agency Investment Fund.

            Recommendation:  Adoption of a resolution of the City of San José Financing Authority (the "Authority") Board authorizing the City of San José (the "City") Director of Finance, in his capacity as the Authority Treasurer, and other authorized officers of the City, who routinely conduct debt management activity on behalf of the Authority, to order the deposits or withdrawals of monies in the Local Agency Investment Fund on behalf of the Authority.  CEQA:  Not a Project.  (Finance)

3.         Adjourn the San José Financing Authority