SAN JOSE CITY COUNCIL
MEETING AMENDED AGENDA
May 22, 2001
Link to Welcome Letter
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On occasion the City Council may consider agenda items out of order.
Call to Order and Roll Call
9:30 a.m. - Closed Session, Room 600, City Hall
1:30 p.m. - Regular Session, Council Chambers, City Hall
Invocation (District 5)
* Pastor Oscar Bauer, Iglesia Bautista
Pledge of Allegiance
Orders of the Day
Items marked with an asterisk denote changes or additions to the previously published Agenda for this meeting.
*See New Item 7.2, Approval to submit a grant application to HUD for $2,000,000.
*See New Item 10.1, Approval of settlement with the County of Santa Clara.
1 CEREMONIAL ITEMS
1.1 Presentation of a congratulatory commendation in honor of Moreland School District's 150th Birthday will be accepted by Dr. James Ritchie, Superintendent and School Board President, Alan Uhlemann. (LeZotte)
(Deferred from 5/1/01 – Item 1.2)
1.2 Presentation of a proclamation commemorating Memorial Day. (Mayor)
*1.3 Presentation of a commendation to Lincoln High School’s Mock Trial team for its achievements this school year. (Yeager; Mayor)
(Rules Committee referral 5/16/01)
*1.4 Presentation of a proclamation declaring May 20 – 26th, 2001 as Public Works Week. (Public Works, Transportation, Environmental Services, General Services)
(Rules Committee referral 5/16/01)
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 Final adoption of ordinances.
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26359 – Amends Title 6 of the San José Municipal Code to add a new chapter to regulate tinted windows at beverage service businesses.
*(aa) ORD. NO. 26386 – Amends various chapters of various titles of the San José Municipal Code to amend contracting authority.
(b) ORD. NO. 26360 – Grants a Commercial Solid Waste and Recyclables Collection Franchise to AAA Express Roll-Off Disposal.
(c) ORD. NO. 26361 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Butterick Enterprises, Inc.
(d) ORD. NO. 26362 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Browning-Ferris Industries.
(e) ORD. NO. 26363 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Custom Disposal Service.
(f) ORD. NO. 26364 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Diversified Recycling Services, Inc. dba San José Recycling II.
(g) ORD. NO. 26365 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to E.M.S., L.L.C.
(h) ORD. NO. 26366 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Green Valley Disposal Co., Inc.
(i) ORD. NO. 26367 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to GreenWaste Recovery, Inc.
(j) ORD. NO. 26368 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to GreenWaste Recovery, Inc. dba $99 Debris Box Service.
(k) ORD. NO. 26369 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Grifall Trucking.
(l) ORD. NO. 26370 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to GreenTeam of San José dba GT Waste Services.
(m) ORD. NO. 26371 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to JHM Services, Inc.
(n) ORD. NO. 26372 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Jonna Corporation dba Premier Recycle.
(o) ORD. NO. 26373 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Julie Coleman Enterprises, Inc. dba Pacific Rim Recycling.
(p) ORD. NO. 26374 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Phillip A. Ingram dba Coast Dumpster Service.
(q) ORD. NO. 26375 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Los Altos Garbage Company dba Stevens Creek Disposal and Recycling.
(r) ORD. NO. 26376 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Mission Trail Waste Systems, Inc. dba Recycle West.
(s) ORD. NO. 26377 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Number "1" Disposal.
(t) ORD. NO. 26378 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Panther Industries.
(u) ORD. NO. 26379 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to The Newark Group.
(v) ORD. NO. 26380 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Recycling Systems.
(w) ORD. NO. 26381 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to The Flea Market.
(x) ORD. NO. 26382 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Waste Management, Inc. dba Hollister Disposal.
(y) ORD. NO. 26383 - Grants a Commercial Solid Waste and Recyclables Collection Franchise to Waste Management of Santa Clara County.
(z) ORD. NO. 26384 – Adopts salaries for the Mayor and Council Members recommended by the Council Salary Setting Commission pursuant to City Charter Section 407.
2.2 Approval to extend the lease agreement with Mexicana Airlines.
Recommendation: Approval of the sixth amendment to Operating Agreement and Terminal Building Lease with Compania Mexicana de Aviacion, S. A. de C.V. (Mexicana Airlines) extending the term from February 1, 2002 through November 30, 2007, and adding approximately 201 square feet of operations space, with projected annual revenue to the City of $242,000. CEQA: Resolution No. 67380. (Airport)
(Deferred from 5/8/01 – Item 2.3)
*RECOMMEND DEFERRAL TO 5/29/01
2.3 Approval to submit a grant application to the California Energy Commission.
Recommendation: Adoption of a resolution authorizing the City Manager to submit, and execute upon receipt, a grant application for $250,000 to the California Energy Commission 2001 Alternative Fuels Infrastructure Grant Solicitation for the San José International Airport Compressed Natural Gas Station to serve the Airport’s ground transportation fueling needs. CEQA: Resolution No. 67380. (Airport)
2.4 Approval of various actions relating to the Downtown Business Improvement District.
Recommendation: Preliminary approval of the report as filed by the Downtown Business Improvement District Advisory Board, or as modified by Council; and adoption of a resolution of intention to levy the annual assessment for 2001-02 and set a public hearing on June 5, 2001 at 1:30 p.m. on the levy of the proposed assessments. Council District 3. (Economic Development)
2.5 Approval of various actions relating to the Japantown Business Improvement District.
Recommendation: Preliminary approval of the report as filed by the Japantown Business Improvement District Advisory Board, or as modified by Council; and adoption of a resolution of intention to levy the annual assessment for 2001-02 and set a public hearing on June 5, 2001 at 1:30 p.m. on the levy of the proposed assessments. Council District 3. (Economic Development)
2.6 Approval of various actions relating to the Willow Glen Business Improvement District.
Recommendation: Preliminary approval of the report as filed by the Willow Glen Business Improvement District Advisory Board, or as modified by Council; and adoption of a resolution of intention to levy the annual assessment for 2001-2002 and set a public hearing on June 5, 2001 at 1:30 p.m. on the levy of the proposed assessments. Council District 6. (Economic Development)
Recommendation: Report on bids and award of contract for the San José/Santa Clara Water Pollution Control Plant-Filter Backwash Chlorination and SBWR Diversion Disinfection Project, to the low bidder, D.W. Nicholson Corporation, in the amount of $218,000, and approval of a contingency in the amount of $44,000. CEQA: Exempt. (Environmental Services)
2.8 Approval to amend an agreement for solid waste consulting services.
Recommendation: Approval of a fourth amendment to the agreement with R.W. Beck Inc. for solid waste consulting services, increasing compensation by $250,000, from $700,000 to a total not to exceed $950,000, and extending the agreement term from January 30, 2002 through June 30, 2002. (Environmental Services)
2.9 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 2000-2001 #44, and authorization for the Director of General Services to execute the purchase orders. (General Services)
*2.10 Approval to relocate the San José Firefighters Memorial Bell.
Recommendation: Approval of Contract Change Order No. 49 for the New Fire Station No. 1 Project with Gonsalves & Stronck Construction Company, Inc., for the relocation of the San José Firefighters Memorial in the amount of $57,135, for a total contract amount of $4,500,844. CEQA: Resolution No. 64273. Council District 3. (Public Works)
*2.11 Approval of an agreement for the operation of telecommunications facilities.
Recommendation: Approval of a five-year property use agreement, with one five-year option, with Sprint PCS, allowing for the construction, installation, maintenance, and operation of telecommunications facilities at 1661 and 2077 Airport Boulevard, at an annual base rent of $60,000 plus $55 per square foot per year for floor and shelf space, with yearly increases in base and square foot charges at the greater of 4% or the rise in the Consumer Price Index. CEQA: Exempt. Council District 3. (Public Works)
(Deferred from 5/8/01 – Item 2.14 and 5/15/01 – Item 2.17)
*RECOMMEND DEFERRAL TO 5/29/01
*2.12 Approval of a parkland agreement, plans, final map, contract, and water main extension for Tract No. 9310.
Recommendation: TRACT NO. 9310 – Northeast corner of Tully Road and Ruby Avenue – Robson Homes, LLC, A California Limited Liability Company (Developer) – 8 single family detached residential units. Approval of a parkland agreement and adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9310. CEQA: ND. Council District 8. (Public Works)
3 STRATEGIC SUPPORT SERVICES
3.1 Report of the Study Session,
Mayor Gonzales, Chair
3.2 Report of the Rules Committee – May 9, 2001
Vice Mayor Shirakawa, Jr., Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review May 22, 2001 Draft Agenda
(2) Add New Items to May 15, 2001 Amended Agenda
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee
(b) Economic Development and Environment Committee
(c) Education, Neighborhoods, Youth, and Seniors Committee
(d) Ad Hoc Traffic Calming Advisory Committee
(d) Meeting Schedules
(1) Request to approve a Study Session on Downtown Parking on May 24, 2001, 1-4 p.m.
(e) The Public Record – April 25 to May 1, 2001
(f) Boards, Commissions and Committees
(1) Appoint two community representatives to the Airport Noise Monitoring Committee
(2) Recommend 15 community organizations to be appointed to the Project Area Committee for the proposed Strong Neighborhood Initiative Redevelopment Project Area
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(h) Administrative Reviews and Approval
(i) Oral communications
(j) Adjournment
3.3 Report of the Finance and Infrastructure Committee – May 9, 2001
Council Member Dando, Chair
(a) Consent Items
(1) Monthly Investment Report for March 2001
(2) Unfunded Projects Appropriation Report as of 3/31/01
(b) An Audit of the Pretreatment Source Control Inspection Program
(c) Oral petitions
(d) Adjournment
3.4 Approval of an agreement to upgrade the payroll system.
*Recommendation: Approval of a consulting services agreement with Acuent for the upgrade of the Human Resources/Payroll System from May 23, 2001 to June 30, 2002, in an amount not to exceed $897,200. (Finance/Human Resources/Information Technology)
3.5 Approval of an ordinance allowing agreements for the removal of billboards.
Recommendation: Approval of an ordinance amending Part 5 of Chapter 23.04 of Title 23 of the San José Municipal Code by adding a new section to allow agreements for the removal of billboards. (City Attorney’s Office)
(Rules Committee referral 5/16/01)
4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee – May 7, 2001
Council Member Williams, Chair
(a) Status Report on Mayor’s Housing Production Team Referrals
(b) Quarterly Housing Production Reports
(1) Quarterly Report on the Project Development Program
(2) Quarterly Report on the Housing Rehabilitation Program
(3) Quarterly Report on the Housing and Homeless Fund
(c) San José First Employment Program (SJFEP) Report
(d) Approval of an ordinance of the City of San José amending Title 9 of the San José Municipal Code by adding a new Chapter 9.54 to restrict the discing of vegetation on certain lands
*SEE ITEM 4.11 FOR COUNCIL ACTION TO BE TAKEN
(e) Oral petitions
(f) Adjournment
4.2 Approval of various fiscal actions for the Monterey Pedestrian Street Lights Project.
Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Monterey Pedestrian Street Lights Project with a net impact to the fund of $496,000. (City Manager’s Office)
*RECOMMEND DEFERRAL TO 5/29/01
4.3 Approval to submit the Enterprise Zone five-year extension application.
Recommendation: Adoption of a resolution:
(a) Approving the submittal of the Enterprise Zone five-year extension application; and
(b) Making the necessary findings required by the California Technology Trade and Commerce Agency.
Council Districts 3, 4, and 7. (Economic Development)
4.4 Approval to issue tax-exempt revenue bonds for the Sunset Square Family Apartments Development.
Recommendation: Adoption of a resolution expressing its intent to issue up to $12,000,000 in multifamily tax-exempt revenue bonds to finance the acquisition-rehabilitation of a 96-unit family rental housing development, Sunset Square Family Apartments Development, located at 2080 Alum Rock Avenue. Council District 5. (Finance/Housing)
Recommendation:
(a) PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the east side of North White Road, approximately 450 feet north of McKee Road, from County to A(PD) Planned Development Zoning District, to allow 157 affordable multiple family attached residential units. (Owner, Joe Leach, JSM Enterprises). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 01-01-002 - District 5
(Continued from 5/1/01 – Item 11.4 and 5/15/01 – Item 11.4)
(b) Approval of the following actions regarding the North White Road Family Apartments Housing Development:
(1) Hold the TEFRA Hearing for the issuance of up to $20,000,000 in tax-exempt multifamily housing revenue bonds.
(2) Adoption of a resolution:
(a) Expressing its intent to issue up to $20,000,000 in multifamily tax-exempt revenue bonds to finance the construction of a 157-unit family rental housing project located in the 400 block of North White Road.
(b) Authorizing the Director of Housing to file an application with California Debt Allocation Committee (CDLAC) for an allocation of up to $20,000,000 in private activity bonds.
(c) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with North White Road Associates, L.P., an affiliate of JSM Enterprises, for the CDLAC Application for the Development.
Council District 5. (Finance/Housing)
(Deferred from 5/15/01 – Item 4.4)
(c) Adoption of a resolution:
(1) Approving business terms for an acquisition/predevelopment loan of up to $8,000,000 to JSM Enterprises, Inc., or its designated partnership, for the development of the 157-unit North White Road family project with units affordable to low- and very low-income households, on a 3.83-acre site located on the east side of North White Road, approximately 450 feet north of McKee Road.
(2) Approving an additional $1,985,000 for construction financing for a total fund reservation of up to $9,985,000 for the project.
(3) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas.
CEQA: ND. Council District 5. (Housing)
4.6 Acceptance of the Downtown Historic Resources Survey (Downtown Core Survey).
Recommendation: Acceptance of the Downtown Historic Resources Survey (Downtown Core Survey). Council District 3. (Planning, Building and Code Enforcement)
4.7 Approval of ordinances related to Chapter 7.08, Title 7, - Animals.
Recommendation: Adoption of an urgency ordinance and approval of a regular ordinance amending Chapter 7.08 of Title 7 of the San José Municipal Code:
(a) Amending Chapter 7.08 of Title 7 by amending the definition of "Pet Shop";
(b) Creating a definition in Chapter 7.08 of Title 7 of "Building" for the purposes of Chapter 7;
(c) Amending the conditions relating to animal facilities in Section 7.08.730.
*(d) Amending the location of animal sales in Section 7.08.830.
(Planning, Building and Code Enforcement)
4.8 PUBLIC HEARING and approval of the vacation of a portion of an easement at Westgate Park.
Recommendation: PUBLIC HEARING and adoption of a resolution vacating a portion of the light and air easement (building setback line) that lies within Lot 8 of Tract No. 2046 Westgate Park, located at the southwest corner of Hamilton and Campbell Avenues. CEQA: Negative Declaration. Council District 1. (Public Works)
4.9 Approval of the Project Area Committee election and appointments.
Recommendation: Adoption of a resolution by the City Council hearing and deciding any challenges to the election for the Project Area Committee for the proposed Strong Neighborhoods Initiative Redevelopment Project Area, finding that all adopted election procedures were followed in the election of the PAC, and approving the PAC as elected and appointed. (Redevelopment Agency)
*DROP
4.10 Approval of various actions related to the McLaughlin Avenue Senior Apartments.
*Recommendation: Adoption of a resolution:
(a) Approving business terms for an acquisition/predevelopment loan of up to $2,504,170 for the McLaughlin Avenue Senior Apartments to ROEM Development Corporation, or its designated partnership, for a 61-unit housing development affordable to very low–income senior households on a 1.55-acre site located at 1275 McLaughlin Avenue, south of Owsley Avenue.
(b) Approving an additional fund reservation of up to $1,390,830 for construction and permanent financing for the development.
(c) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.
CEQA: ND. Council District 7. (Housing)
(Rules Committee referral 5/16/01)
4.11 Restriction of the disking of vegetation on certain lands.
*Recommendation: Approval of an ordinance of the City of San José amending Title 9 of the San José Municipal Code by adding a new Chapter 9.54 to restrict the disking of vegetation on certain lands.
[Economic Development and Environment Committee referral 5/7/01 – Item 4.1(d)]
*RECOMMEND DEFERRAL TO 6/5/01
5 RECREATION & CULTURAL SERVICES
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee
Council Member Chavez, Chair
6 TRANSPORTATION SERVICES
6.1 Traffic Calming Advisory Committee (Ad Hoc) – May 10, 2001
Council Member Reed, Chair
(a) Report on Multi-modal Intersection Level of Service Policy
(b) Report on Crash Reduction Program
(c) Review of Traffic Calming Project Priorities and Criteria
(d) Oral petitions
(e) Adjournment
7 ENVIRONMENTAL & UTILITY SERVICES
7.1 Resolution regarding preservation of the Coyote Valley greenbelt.
*Recommendation: Adoption of a resolution to reaffirm the City’s commitment to the preservation of the Coyote Valley greenbelt. (Mayor)
(Deferred from 5/8/01 – Item 7.3 and 5/15/01 – Item 7.2)
7.2 Approval to submit a grant application to HUD for $2,000,000 for Downtown replacement parking.
*Recommendation: Approval to submit a grant application for Downtown replacement parking for the Brownfields Economic Development Initiative, administered by the U.S. Department of Housing and Urban Development, in the amount of $2,000,000. (Redevelopment Agency)
(Orders of the Day)
8 AVIATION SERVICES
8.1 Approval of an agreement and license with Air Canada.
Recommendation: Approval of an Airline Operating Agreement and License with Air Canada for the period July 1, 2001 through November 30, 2007, with projected annual revenue to the City in the amount of $660,000. CEQA: Resolution No. 67380. (Airport)
*RECOMMEND DEFERRAL TO 5/29/01
9 PUBLIC SAFETY SERVICES
10 JOINT COUNCIL/REDEVELOPMENT AGENCY
10.1 Approval of settlement with the County of Santa Clara.
*Recommendation:
(a) Adoption of a resolution by the City Council:
(1) Approving the Amended and Restated Agreement by and among the City of San Jose, the Redevelopment Agency of the City of San Jose, and the County of Santa Clara related to the cooperation among the entities regarding redevelopment and planning issues, including the continued allocation of tax increment to the County, and the delegation of redevelopment authority to the County;
(2) Authorizing the City Manager to accept a grant deed transferring title to the City of a certain parcel located on the former Asbury Street, at no cost to the City;
(3) Approving a first amendment to the agreement between the County and the City setting compensation for collecting sewer service charges on the tax roll. decreasing the collection charge to .3% of the total charges collected; and
(4) Expressing its intent to disband the City/ County Joint Powers Authority as of June 30, 2001, and to terminate the authority of the JPA except to take whatever actions may be necessary to implement grants made through the end of Fiscal Year 2001-02.
(b) Adoption of a resolution by the Redevelopment Agency Board:
(1) Approving the Amended and Restated Agreement by and among the City of San Jose, the Redevelopment Agency of the City of San Jose, and the County of Santa Clara related to the cooperation among the entities regarding redevelopment and planning issues, including the continued allocation of tax increment to the County, and the delegation of redevelopment authority to the County;
(2) Delegating to the County Board of Supervisors the authority to undertake redevelopment, consistent with applicable redevelopment law, pursuant to Health & Safety Code Section 33205.
(City Attorney’s Office)
(Orders of the Day)
ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING
Open Forum - To be heard jointly with Redevelopment Agency Public Discussion. Following Open Forum, Council will recess until 7:00 p.m.
11 PUBLIC HEARINGS
(To be heard by the City Council at 7:00 p.m.)
11.1 Public Hearing on proposed budgets and proposed fees and charges.
*Recommendation: PUBLIC HEARING on the Proposed Operating and Capital Budgets for FY 2001-02, the Proposed Five-Year Capital Improvement Program for 2002-2006, the Proposed FY 2001-02 City Departmental Fees and Charges, and the Mayor’s FY 2001-02 Final Budget Modifications Memorandum. (City Manager's Office)
(Continued from 5/21/01 – Item 11.1)
Open Forum
Adjournment