SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
OCTOBER
1, 2002
|
LINDA J. LE ZOTTE |
DISTRICT 1 |
|
KEN YEAGER |
DISTRICT 6 |
|
FORREST WILLIAMS |
DISTRICT 2 |
|
GEORGE SHIRAKAWA, JR. |
DISTRICT 7 |
|
CINDY CHAVEZ |
DISTRICT 3 |
RON GONZALES MAYOR |
DAVID D. CORTESE |
DISTRICT 8 |
|
CHUCK REED |
DISTRICT 4 |
|
JOHN DIQUISTO |
DISTRICT 9 |
|
NORA CAMPOS |
DISTRICT 5 |
|
PAT DANDO |
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
1:30 p.m. - Regular Session, Council Chambers, City Hall
7:00 p.m. - Public Hearings, Council Chambers, City Hall
· Invocation (District 9)
* Father Dave Bridgen, San José Police Chaplain
· 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 1.10, Presentation of a proclamation designating October 5, 2002, as "White Cane Safety Day" in the City of San José.
* See New Item 2.12, Approval of an ordinance amending Section 4.78.020 of Chapter 4.78 of Title 4 of the San Jose Municipal Code (the Disposal Facility Tax Ordinance) to include petroleum contaminated soils and sludge materials in the definition of cover material.
* THERE WILL BE A JOINT CITY OF SAN JOSÉ CITY COUNCIL/FINANCING AUTHORITY MEETING FOLLOWING THE REGULAR SESSION OF THE COUNCIL MEETING.
*
1.1 Presentation of a proclamation declaring October 4, 2002 as Arts Day in San José, and October as the National Arts and Humanities Month. (Conventions, Arts and Entertainment)
1.2 Presentation of a proclamation declaring the month of October as Domestic Violence Awareness Month. (Dando)
1.3 Presentation of a commendation to Services for Brain Injury (SBI) in recognition of Brain Injury Month. (Dando)
TO BE HEARD IN THE EVENING
1.4 Swearing-in of Youth Commissioner for District 4 to a term ending October 31, 2005. (Mayor)
TO BE HEARD IN THE EVENING
1.5 Presentation of a resolution and certificate of appreciation from the Good Sam Recreational Vehicle Club to the Mayor and City Council for the repeal of the zoning code prohibition. (Planning, Building and Code Enforcement)
TO BE HEARD IN
THE EVENING
1.6 Presentation of a commendation to the IBM Corporation for its generous contributions and ongoing commitment to education in our community, and its continuing active role as an exemplary corporate citizen of the City of San José. (Williams)
1.7 Presentation of a proclamation declaring October 2002 as Employment of Persons with Disabilities Month in the City of San José. (LeZotte)
* (Rules Committee referral
9/25/02)
1.8 Presentation of a commendation to the Class of 2002 Smart Start San José Family Child Care New Business Creation and Retention Services Program for training CalWorks and low-income individuals to open licensed family child care home business and providing services for family child care home providers who are under-enrolled and/or in jeopardy of going out of business. (Williams)
* (Rules Committee referral
9/25/02)
1.9 Presentation of three plaques in recognition of the Smart Start San José (SSSJ) program; one plaque will be presented to Mayor Ron Gonzales, the others will be presented to the partners who participated in the competition's final presentation. Yolanda Garcia, Executive Director of the Institute for Early Childhood Professional Development, and Dr. Ted Olsson, Manager of Corporate Community Relations, (Western States) at IBM will be accepting the other two plaques. (Williams)
(Rules Committee referral
9/25/02)
1.10 Presentation of a proclamation designating October 5, 2002, as "White Cane Safety Day" in the City of San José. (Yeager)
* (Orders of the Day)
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.
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26733 – Amends Chapter 11.40 of Title 11 of the San José Municipal Code to establish parking meter districts.
(b) ORD. NO. 26734 – Amends Sections 19.12.010 of Chapter 19.12; 19.16.010, 19.16.180, and 19.16.190 of Chapter 19.16; and 19.38.300 of Chapter 19.38, all of Title 19 of the San José Municipal Code, to amend the parcel map process under the subdivision map act.
(c) ORD. NO. 26736 – Approves the second amendment to the development agreement with Palm, Inc. (formerly 3Com Corporation) relative to the development of property in North San José.
(d) ORD. NO. 26737 – Rezones certain real property situated at the west side of South Bascom Avenue, approximately 690 feet southerly of Curtner Avenue. PDC 02-01-003
(e) ORD. NO. 26738 - Rezones certain real property situated at the west side of San Pedro Street, approximately 130 feet northerly of West Saint James Street. PDC 01-100
* (f) ORD. NO. 27047 – Rezones certain real property situated on the east side of St. Elizabeth Street, approximately 530 feet southerly of McKinley Avenue to R-M Multiple Residence Zoning District. C 03-089
* Recommendation: Approval of City Auditor Gerald Silva’s travel calendar through December 31, 2002. Funding: City Auditor’s Non-Personal budget. CEQA: Not a Project. (City Auditor). RECOMMEND DEFERRAL TO 01/20/04
Recommendation: Adoption of a resolution to:
(a) Approve the proposal to substitute the current credit facility provided by Heller Financial with a credit facility from Fannie Mae, and authorizing the Director of Finance (or designee), to execute and deliver the necessary documentation; and
(b) Approve,
in substantially final form, certain documents relating to the proposed credit
substitution, including: Remarketing
Statement, Financing Agreement, Amended and Restated Trust Indenture, First
Amendment to Regulatory Agreement and Declaration of Restrictive Covenants,
and Assignment and Intercreditor Agreement (relating to the Bond Regulatory
Agreement).
CEQA: Negative Declaration, PDC 97-10-073. Council District 10. (Finance)
Recommendation: Adoption of a resolution authorizing the Director of General Services to execute a five-year agreement for maintenance services, from July 1, 2002 to June 30, 2007, for the Airport Noise and Operations Monitoring System (ANOMS) with Lochard Corporation, (Stoneham, MA) for a total cost not to exceed $370,000. CEQA: Not a Project. (General Services/Airport)
Recommendation: Approval of an agreement with Club One, Inc. to provide a Physical Fitness Program for the Police Department, for the period of July 1, 2002 to June 30, 2003, in an amount not to exceed $127,340. CEQA: Not a Project. (Police)
* Recommendation: Report on bids and award of contract for the Welch Park Restroom Renovation Project to the low bidder, HRB Construction, Inc., in the amount of $123,205, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP02-08-207. Council District 8. SNI: K.O.N.A. (Public Works)
Recommendation: Report on bids and award of contract for the Boynton Avenue Sidewalk Improvement Project to the lowest responsive bidder, GradeTech Inc., in the amount of $112,829.75, and approval of a contingency in the amount of $11,000. CEQA: Exempt, PP02-01-001. Council District 1. (Public Works)
Recommendation: Approval of a continuation agreement for the design of a Parking Guidance System (PGS) with Kimley-Horn and Associates, Inc. (KHA) for a one-year term, from September 2002 to August 2003, at no additional cost to the City. CEQA: Not a Project. Council District 3. (Transportation)
Recommendation: Approval of an ordinance establishing a residential permit parking zone in the College Park Neighborhood. CEQA: Exempt, PP02-09-234. Council District 6. (Transportation)
* Recommendation: Approval of Vice Mayor George Shirakawa's travel to Albuquerque, New Mexico, from June 26-June 30, 2002, to attend the National Association of Latino Elected & Appointed Officials (NALEO) Educational Fund Annual Conference. Funding: District 7. (Shirakawa)
(Rules Committee referral
9/25/02)
* Recommendation: Approval of an Ordinance amending the Disposal Facility Tax Ordinance to include petroleum contaminated soild and sludge materails in the definition of cover materials. (City Attorney)
(Rules Committee referral
9/25/02)
Mayor Gonzales,
Chair
Vice Mayor
Shirakawa, Jr., Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review October 1, 2002 Draft Agenda
(2) Add New Items to September 24, 2002 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) Meeting Schedules
(e) The Public Record
(f) Boards, Commissions and Committees
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(1) Direct Administration to schedule a joint meeting with Santa Clara Valley Water District to discuss all unresolved policy issues relating to trails
(h) Administrative Reviews and Approval
(1) Workload assessment to audit Airport Neighborhood Services Group
(2) Approve City Position on November 2002 State Ballot Proposition 46: Housing and Emergency Shelter Trust Fund Act of 2002
* HEARD BY COUNCIL ON 9/24/02
(3) 2002 League of CA Cities Voting Delegate and Alternate at the Annual Business Meeting
(4) Approve use of Council General funds by Council Member Dando to attend the National League of Cities’ Transportation & Infrastructure Fall Steering Committee Meeting, September 25-29, 2002, in Belle Isle, FL
(5) Approve use of Council General funds by Council Member Dando to attend the League of California Cities’ Annual Meeting, October 2-5, 2002 in Long Beach, CA
(i) Oral communications
(j) Adjournment
* Meeting of September 25, 2002 (Partial)
(h) (3) 2002 League of California Resolutions
Meeting of September
25, 2002 (Partial)
(h)(3) 2002 League of California Resolutions (City Manager)
Renumbered from 3.3
Council Member
Williams, Chair
Recommendation: Approval of Report on reasonable accommodation with recommendation to take the following actions:
(a) Direct that the reasonable accommodation process continue to consider the business aspects of proposed uses on a case-by-case basis focusing on the impacts of those aspects in the zoning district.
(b) Direct that the reasonable accommodation process continue to consider the appropriate number of residents for each proposed use on a case-by-case basis.
(c) Direct the Administration to discuss with Santa Clara County the possibility of setting minimum operational standards, which may include limiting the number of residents at facilities and obtain City input on facilities under contract with the County or subject to County certification.
(d) Direct the City Attorney and the Administration to draft amendments to the Zoning Code to make the changes in procedure as follows:
(1) Eliminate an initial notice that has not undergone any analysis
(2) Refine what must be included in the application.
(3) Expand the noticing requirement to 300 feet, with direction to go to a greater noticing radius (500 or 1000 feet) to ensure that a sufficient number of adjacent property owners receive notice.
(4) Request a meeting with staff to go over the application and request a meeting for neighbors to attend.
(5) Issue the proposed decision stating that there will be an informal conference on site with staff and interested neighbors to discuss what is going on.
(6) At the Director's hearing the focus should summarize the issues discussed and resolved.
(7) Director's decision becomes effective 15 days after issuance if there is no appeal filed.
(8) If on Appeal to the Planning Commission, the Planning Commission cannot come to a decision, then the Director's decision stands.
(e) Direct the Administration to thoroughly keep records of the location of all residential facilities by licensing, certification, type, number of residents, date of establishment, zoning district, Council district; and to amend the reasonable accommodation guidelines to consider other residential care and service facilities and other reasonable accommodations granted within 300 feet of a proposed facility.
(f) Direct the City Manager to appoint a central person or system as a clearinghouse of all complaints to determine whether or not they have been resolved.
[Economic Development and Environment Committee 6/3/02 –
Item 4.1(a)]
(Deferred from 6/18/02 – Item 4.2 et al., and 9/17/02 – Item 4.2)
TO BE HEARD IN THE EVENING
* DROP
Recommendation:
(a) Adoption of a resolution approving a conditional grant of up to $2,289,520 to ROEM Development Corporation, or an affiliated entity, for the development of the Hacienda Villa Creek Apartments, a proposed 80-unit senior rental development, located at the northerly terminus of East Court and West Court, north of East Julian Street. CEQA: Negative Declaration, PDCSH01-10-097. Council District 3. SNI: Five Wounds/Brookwood Terrace. (Housing)
(b) Adoption of a resolution authorizing:
(1) The issuance of a senior tax-exempt multifamily housing revenue bonds (the “Senior Bonds”) in a principal amount not to exceed $4.453 million and subordinate tax-exempt multifamily housing revenue bonds (the "Subordinate Bonds") in a principal amount not to exceed $2.547 million. In aggregate, the entire issuance of Senior Bonds and Subordinate Bonds will not exceed $7.0 million (the “Bonds”);
(2) Approving a loan of the Bond proceeds to Hacienda Villa Creek Senior Apartments L.P., a California limited partnership created by ROEM Development Corporation and Foundation for Affordable Housing II, Inc. to finance the construction of the Hacienda Villa Creek Senior Apartments Project;
(3) Approving in substantially final form the Senior Bonds, Senior Trust Indenture, Senior Financing Agreement, Subordinate Bonds, Subordinate Trust Indenture, Subordinate Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Senior Bond Purchase Agreement and Subordinate Bond Purchase Agreement; and
(4) Authorizing the Director of Finance and the Director of Housing, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.
CEQA: Negative Declaration, PDCSH01-10-097. Council District 3. (Finance/Housing)
Recommendation: Adoption of a resolution to approve amendments to the existing City loan of $447,150, secured by the Innvision sponsored Commercial Street Inn located at 260 Commercial Street, San José. CEQA: Not a Project. Council District 3. (Housing)
* Recommendation: Adoption of a resolution approving the recommendations included in the FY 2002-07 Five-Year Housing Investment Plan to revise current City Policies and accepting the remainder of the report. CEQA: Not a Project. (Housing) CEQA: Not a Project. (Housing)
[Referred from General Plan Agenda 9/3/02 – Item 2.10(c)]
RECOMMED DEFERRAL TO 10/8/02
* Recommendation: Adoption of a resolution:
(a) Approving an increase in the number of extremely low-income units from twenty-four to thirty-five to Evans Lane Apartments, L.P., or its designated partnership, for the development of the Evans Lane Family Apartments, a 239-unit family rental development located at 1848 Evans Lane; and
(b) Approving a $1,265,000 increase to the $2,760,000 Conditional Grant, bringing the total Conditional Grant to $4,025,000.
CEQA: Negative Declaration, PDC98-089. Council District 6. (Housing)
(Rules Committee referral 9/25/02)
* Recommendation: Adoption of a resolution:
(a) Adoption of a resolution:
(1) Authorizing the City Manager to negotiate and execute an agreement with Willis Insurance Services of California, Inc. to provide services for an Owner Controlled Insurance Program (OCIP) for the New San José Civic Center Project in an amount not to exceed $384,000;
(2) Authorizing the City Manager to procure OCIP insurance coverage and Builder's Risk coverage with the insurance premium not to exceed $6,000,000.
(3) Authorizing the City Manager to procure independent safety consulting services to the extent needed as determined through discussions between the OCIP insurance broker, the OCIP consultant and City staff in an amount not to exceed $600,000.
(b) Adoption of the following appropriation ordinance and funding sources resolution amendments in the Civic Center Construction Fund:
(1) Establish a loan from the Sewage Treatment Plant Connection Fee Fund in the amount of $12.5 million to be used as a line of credit.
(2) Increase the Ending Fund Balance by $12.5 million.
(c) Adoption of the following appropriation ordinance amendments in the Sewage Treatment Plant Connection Fee Fund:
(1) Establish a loan to the Civic Center Construction Fund in the amount of $12.5 million to be used as a line of credit.
(2) Decrease the Reserve for Treatment Plant Expansion by $12.5 million.
CEQA: Resolution No. 68905. (Finance/City Manager's Office/Public Works)
(Deferred from 9/17/02 - Item 2.9 and 9/24/02 - Item 2.13)
Council Member
Chavez, Chair
(a) Youth Commission Monthly Report
(b) Status Report on Skate Parks
(c) Report on Truancy Abatement/Burglary Suppression (TABS)
(d) Blueprint for Bridging the Digital Divide – 2nd Year Action Plan
SEE ITEM 5.2 FOR COUNCIL ACTION TO BE TAKEN
(e) Child Care Update
SEE ITEM 5.3 FOR COUNCIL ACTION TO BE TAKEN
(f) Youth Employment Services Update
(g) Status Report on Anti-Graffiti Efforts regarding Garbage and Recycling Containers
(h) Oral petitions
(i) Adjournment
Recommendation: Presentation and acceptance of the second year Action Plan of the Blueprint for Bridging the Digital Divide. (Parks, Recreation and Neighborhood Services)
[Education, Neighborhoods, Youth and Seniors Committee 9/16/02 – Item 5.1(d)]
Recommendation: Presentation and acceptance of the final draft of the new Early Care and Education Strategic Work Plan. (Parks, Recreation and Neighborhood Services)
[Education, Neighborhoods, Youth and Seniors Committee 9/16/02 – Item 5.1(e)]
Recommendation: Report on bids and award of contract for the Stonegate and Watson Parks Play Area and Restroom Renovation Project to the low bidder, and approval of a five percent contingency. Stonegate Park CEQA: Exempt, PP02-06-172. Watson Park CEQA: Exempt, PP02-06-171. Council Districts 3 and 7. Watson Park SNI: 13th Street. (Public Works)
* RECOMMEND DEFERRAL TO 10/15/02
* Recommendation: Adoption of a resolution:
(a) Approval of an agreement with the Berryessa Union School District for the construction of the Berryessa Youth Center and joint operation of the center to be located at Morrill Middle School for a term of 30 years.
(b) Adoption of the following appropriation ordinance amendments in the Parks and Recreation Bond Project Fund:
(1) Increase the Morrill Community Center-Multi Service project by $100,000.
(2) Decrease the Ending Fund Balance by $100,000.
CEQA: Exempt, PP02-09-250. Council District 4. (Parks, Recreation and Neighborhood Services/City Manager's Office)
(Deferred from 9/24/02 - Item 5.3)
* Recommendation: Approval of the 6th & William Street Park Master Plan. CEQA: Exempt, PP02-04-084. Council District 3. SNI: University. (Parks, Recreation and Neighborhood Services) (Deferred from 9/24/02 - Item 5.5)
* Recommendation: Report on bids and award of contract for the FY 2002-03 Remove and Replace Asphalt Concrete (AC) Pavement 2002 to the low bidder, El Camino Paving, Inc., in the amount of $1,365,608.80, plus a 10% contingency amount of $136,561, for a total award amount not to exceed $1,502,169.80. CEQA: Exempt, PP02-09-236. (Transportation) CEQA: Exempt, PP02-09-236. (Transportation)
Recommendation: Adoption of a resolution authorizing the Director of General Services to:
(a) Negotiate and execute an agreement for an integrated airport property and revenue management system with Decision Support Technologies, Inc., in the amount of $754,600, including sales tax, installation, implementation, and training; and
(b) Execute change orders to the Agreement in an amount not to exceed $50,000 for any additional, unanticipated requirements encountered during the implementation process for this project.
CEQA: Not a Project. (General Services/Airport)
Recommendation: Adoption of a resolution authorizing the Director of General Services to:
(a) Negotiate and execute a one-year agreement with Aviation Safeguards for the purpose of terminal support services at the Norman Y. Mineta San José International Airport, with a total first year compensation not to exceed $500,000; and
(b) Execute two one-year options to renew with compensation adjustments based on the Consumer Price Index not to exceed 7% per year and contingent upon Council appropriation of the funds each year.
CEQA: Resolution No. 67380, PP02-09-243. (General Services)
Recommendation: Report on Request for Proposal (RFP) and adoption of a resolution authorizing the Director of General Services to:
(a) Negotiate and execute an agreement for the purchase, installation, and integration of a Computer Aided Dispatch System with the Intergraph Corporation in the amount of $4,731,437.23 including tax; and
(b) Execute change orders to the agreement in an amount not to exceed $50,000 for any additional, unanticipated requirements encountered during the implementation process for this project.
CEQA: Not a Project. (General Services/Police)
Recommendation:
(a) Adoption of a resolution to accept an Anti-Drug Abuse Grant (ADA) award from the State of California in the amount of $138,167; and
(b) Adoption of amendments to the annual appropriation ordinance and funding sources resolution in the General Fund for the Fiscal Year 2002-03 as follows:
(1) Establish a City-wide appropriation to the Police Department for the Anti-Drug Abuse Grant in the amount of $138,167; and
(2) Increase the estimate for Revenue from the State of California by $138,167.
CEQA: Not a Project. (Police/City Manager’s Office)
· 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:
None.
· Open Forum—To be heard jointly with Redevelopment Agency Public Discussion. Following Open Forum, Council will recess until 7:00 p.m.
(To be heard by the City Council at 7:00 p.m.)
Recommendation: PUBLIC HEARING ON STREET RENAMING of a proposed frontage road running parallel to the east of State Highway 87, between the northerly line of West Hedding Street and southerly line of Coleman Avenue to Guadalupe Road. CEQA: Exempt. Historical Landmarks Commission and Director of Planning, Building and Code Enforcement recommend renaming to El Pueblo Viejo. Planning Commission recommends renaming to Guadalupe Parkway Frontage Road (7-0-0).
District 3
(Continued from 12/4/01 – Item 11.1 et al., and 9/17/02 – Item 11.1)
* DROP
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of North First Street and East Gish Road, from CN Commercial Neighborhood Zoning District to PD Planned Development Zoning District, to allow a mixed use development of 3,230 square feet of ground floor commercial use and 22 multi-family attached residential units on 0.5 gross acre. (The Southland Corporation, Owner; BEC, Inc., Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 02-014 - District 3
(Continued from 6/18/02 – Item 11.13 et al., and 9/17/02 – Item 11.4)
* RECOMMEND CONTINUANCE TO 10/15/02
Recommendation: PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the south side of Curtner Avenue, approximately 700 feet easterly of Highway 87, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 425 single-family and multi-family residential units on a 60.2 gross acre site. (MTA Properties, Owner; Summerhill Homes, Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
PDC 02-042 - District 7
(Continued from 9/17/02 – Item 11.8)
Recommendation: PUBLIC HEARING ON DIRECTOR-INITIATED PREZONING of property located at the southeast corner of Fehren Drive and Monterey Road, from County to CG General Commercial Zoning District, to allow commercial uses on a 0.40 gross acre site. (Director Initiated). CEQA: General Plan 2020 Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommends approval (7-0-0).
· Open Forum
· Adjournment