SAN JOSE CITY COUNCIL

MEETING AMENDED AGENDA

October 2, 2001

Link to Welcome Letter

9:30 a.m. - Closed Session, Room 600, City Hall

See Separate Agenda

1:30 p.m. - Regular Session, Council Chambers, City Hall

7:00 p.m. - Public Hearings, Council Chambers, City Hall

*Reverend Dave Bridgen, San Jose Police Chaplain

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.

*ADJOURNMENT:  This meeting will be adjourned in memory of Murphy Sabatino, Sr., a community advocate, role model, and hero to many Italian-Americans.

1.1 Presentation of a proclamation declaring October 2001 as Employment of People with Disabilities Awareness Month. (Equality Assurance)

1.2 Presentation of the 2000-01 Community Service Award to the Department of Parks, Recreation and Neighborhood Services from the Berryessa Union School District. (City Manager’s Office)

*1.3 Presentation of proclamation for Domestic Violence Awareness Month.  (Dando)

(Rules Committee referral 9/26/01)

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.

(a) Regular meeting of June 5, 2001

(b) Joint Council/Redevelopment meeting of June 5, 2001

(c) Public Hearing on FY2001-2002 Budget Modifications

(d) Regular meeting of June 12, 2001

Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as Evergreen No. 185, which involves the annexation to the City of San José of 2.51 gross acres of land, located at the east side of Ruby Avenue, approximately 52 feet northerly of Murillo Avenue, and the detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area. CEQA: Negative Declaration. Council District 8. (Planning, Building, and Code Enforcement)

(Deferred from 8/28/01 – item 2.11)

RECOMMEND DEFERRAL TO 12/4/01

Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Phelan Avenue Infrastructure Improvements with a net impact to the fund of $33,000 and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements. (City Manager’s Office)

Recommendation: Approval of:

(a) Change Order No. 4 with Rushford Construction, Incorporated for the construction project entitled "San José/Santa Clara Water Pollution Control Plant, FY 1997/1998 Capital Improvement Program, Railcar Platforms and Cover Project," in an amount of $68,526;

(b) Increasing the project contingency by $92,000 and thereby increasing the total contract amount from $242,089 to $334,089; and

(c) Extending the completion date to December 15, 2001.

CEQA: Exempt. (Environmental Services)

Recommendation: Report on bids and award the purchase to the low bidder, Nutech Industries, Inc., for electrical extensions with connections at a total cost of $152,991.36, including tax, and authorization for the Director of General Services to execute the purchase order for the:

(a) Immediate purchase of electrical connections with extensions, and

(b) Subsequent purchase of additional items at the same bid price without further Council action other than the appropriation of necessary funds.

(General Services)

*Recommendation: Report on the East Side Union High School District’s intent to dispose of a 13.08 acre piece of surplus property located at the southwest corner of Quimby Road and Arcade Avenue, and adoption of a resolution declaring interest in the acquisition of a portion of that property, and authorizing the City Manager to negotiate the acquisition. (Planning, Building and Code Enforcement)

(District 8)

Recommendation: Report on bids and award of contract for the Central Service Yard Emergency Generator Project to the low bidder, Steiny and Co., Inc., in the amount of $270,620, and approval of a contingency in the amount of $30,000. CEQA: Negative Declaration. (Public Works)

Mayor Gonzales, Chair

Vice Mayor Shirakawa, Jr., Chair

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

(b) City Council

(1) Review October 2, 2001 Draft Agenda

(a) Additions

(2) Add New Items to September 25, 2001 Amended Agenda

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environmental Committee

(c) Education, Neighborhoods, Youth and Seniors Committee

(d) Meeting Schedules

(e) The Public Record - September 5-11, 2001

(f) Boards, Commissions and Committees

(g) Council Referrals for Assignment to Appropriate Committee, Administration or Council Appointee

(1) Request to refer to the Policy Priority Setting Session the issue of providing discounted parking rates in regional parks for seniors and disabled

(2) Request to adjust timelines leading to Employee Election to be held on Monday, November 26, 2001

(h) Administrative Reviews and Approval

(1) Request to use Council General funds by Council Member Linda J. LeZotte to attend the Urban Land Institute meeting in Boston, MA, October 2-5, 2001

(i) Oral Communications

(j) Adjournment

Council Member Dando, Chair

*3.4 Adoption of a resolution providing supplemental salary and benefits for employees who are called to active duty because of the terrorist attacks.

Recommendation:

(a) Adoption of a resolution providing supplemental salary and benefits for thirteen pay periods for those employees who are called to active duty because of the terrorist attacks on September 11, 2001, with an end date for eligibility for salary and benefits of December 31, 2002.

(b) That, as a part of the resolution, the City Council delegate authority to the City Manager or designee to sign agreements detailing the repayment requirements of the supplementary benefits with affected employees.

(City Manager's Office)

(Rules Committee referral 9/26/01)

Recommendation: Direction to the Administration to review the California Public Utilities Commission’s (CPUC) proposal to shift at least $500 million in California Department of Water Resources power costs to PG&E customers and submit a letter to the CPUC expressing the City of San José’s strong opposition to the proposal. (Dando, Reed)

(Rules Committee referral 9/26/01)

Council Member Williams, Chair

*Recommendation: PUBLIC HEARING on and adoption of resolutions regarding the designation of the following properties as landmarks of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature:

(a) Center for the Performing Arts, 241-271 Park Avenue

*RECOMMEND DEFERRAL TO 12/04/01

(b) Commercial Building, 22 N. First Street

(c) Knights of Columbus Building, 34-40 N. First Street

(d) Farmer’s Union Building, 151 W. Santa Clara Street

*RECOMMEND DEFERRAL TO 12/04/01

(e) Realty Building, 19 N. Second Street

(f) Masson Building, 161 W. Santa Clara Street

*RECOMMEND DEFERRAL TO 12/04/01

(g) Porter Stock Building, 85-91 S. First Street

(h) Sainte Claire Building, 301 S. First Street

(i) Rucker House, 418 S. Third Street

(j) Twohy Building, 200-210 S. First Street

(k) Anglo-California National Bank, 101 W. Santa Clara Street

(l) Pratt/Brackett House, 469 S. Third Street

(m) Stern/Fischer House, 132 Pierce Street

(n) W. Prussia Building, 371 S. First Street

(o) Wright/Bailey House, 312-314 S. Third Street

*RECOMMEND DEFERRAL TO 12/04/01

(p) Pritchard/Renzel House, 524 S. Almaden Avenue

(q) Sunol Building, 127-145 Post Street

(r) Costa & Miller Building, 520 S. First Street

*RECOMMEND DEFERRAL TO 12/04/01

Council District 3. (Planning, Building and Code Enforcement)

(a) Adoption of a resolution:

(1) Expressing its intent to issue up to $11,000,000 in multifamily tax-exempt revenue bonds to finance the construction of the 76-unit Betty Anne Gardens family rental housing project located at 945 & 955 North King Road.

(2) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $11,000,000 in private activity bonds.

(3) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with First Community Housing, a California nonprofit corporation, or its designated partnership, an affiliate First Community Housing, for the CDLAC Application for the Development.

Council District 4. (Housing)

(Deferred from 9/25/01 – Item 4.8)

(b) Adoption of a resolution:

(1) Approving an increase to the existing acquisition/predevelopment loan by $100,000, from $2,491,630 to $2,591,630 to First Community Housing, or its designated partnership, for the development of the 76-unit Betty Anne Gardens Family Apartments on a 4.11 acre site located at 945 and 955 North King Road.

(2) Approving business terms for a construction/permanent loan of up to $5,129,744 to First Community Housing, or its designated partnership, for the development of the Betty Anne Gardens Family Apartments.

Council District 4. (Housing)

Recommendation: Adoption of a resolution approving business terms for a construction/permanent loan of up to $3,600,000 to ROEM Development Corporation, or its designated partnership, for the development of a 55-unit senior housing development with 54 units affordable to senior households and one unrestricted manager’s unit on a 1.07-acre site located on the north side of Alum Rock Avenue, on the block bounded by Highway 680 and Alexander Avenue. Council District 5. (Housing)

*DROP

Recommendation: Adoption of a resolution approving business terms for a construction/permanent loan of up to $4,019,475 to First Community Housing, or its designated partnership, for the development of a 98-unit studios development affordable to low-, very low- and extremely low-income households on approximately .50-acre site located at the easterly corner of Hamilton and Campbell Avenues. Council District 1. (Housing)

Recommendation: Public Hearing and adoption of a resolution:

(a) Approving a Disposition and Development Agreement between the City of San José and Emergency Housing Consortium, Inc., or its designated affiliate, including business terms for a conditional grant of up to $1,000,000 of 20% Housing Funds for the acquisition of 0.3 acres of City-owned property located at 937-943 Locust Street, minor repairs to the triplex, and the rehabilitation the Single Room Occupancy building to provide emergency housing for up to 20 persons who are victims of fires or other disasters.

(b) Finding that the use of 20% Housing Funds for development of the subject development is a benefit to the City’s Redevelopment Areas.

Council District 3. SNI: Washington-Guadalupe. (Housing)

*Recommendation: Adoption of a resolution approving business terms for a construction loan of up to $3,763,000 and a permanent loan of to $3,923,000 to ROEM Development Corporation, and/or its designated partnership, for the development of a 49-unit senior housing development with 48 units affordable to senior households and one unrestricted manager’s unit on a 1.24-acre site located on the west side of South Capitol Avenue, north of Lombard Avenue. Council District 5. SNI: 680 East Valley Communities. (Housing)

Recommendation: Adoption of a resolution approving business terms for a construction loan of up to $4,149,000 and a permanent loan of to $4,633,000 to ROEM Development Corporation, or its designated partnership, for the development of a 66-unit senior housing development with 65 units affordable to senior households and one unrestricted manager’s unit on a 1.35-acre site located at 3071 Rose Avenue between Capitol Avenue and South White Road. Council District 5. SNI: 680 East Valley Communities. (Housing)

*DROP

Council Member Chavez, Chair

(a) Youth Commission Monthly Report

(b) San José BEST Update

(c) Skate Park Update

(d) Oral Petitions

(e) Adjournment

Recommendation: Acceptance of the Alum Rock Park Status Report. (Parks, Recreation and Neighborhood Services)

(Deferred from 9/18/01 – Item 5.2)

Recommendation: Approval of the Bernal Park Master Plan Amendment. CEQA: Mitigated Negative Declaration. Council District 3. (Public Works)

Recommendation: Report on bids and award of contract for the construction of the West Valley Branch Library Project to the low bidder, in an amount not to exceed $5,650,000. CEQA: Negative Declaration. Council District 1. (Public Works)

*RECOMMEND DEFERRAL TO 10/16/01

*5.5  Approval of the Selma Olinder Park Master Plan

Recommendation:  Approval of the Selma Olinder Park Master Plan.  CEQA:  Negative Declaration.  Council District 3.  SNI: Brookwood Terrace.  (Public Works/Parks, Recreation and Neighborhood Services)

TO BE HEARD IN THE EVENING

(Rules Committee referral 9/26/01)

*TO BE HEARD IN THE EVENING.

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

*10.1 Adoption of resolutions by the City Council and Redevelopment Agency Board relative to the Civic Center Plaza Project.

Recommendation: Adoption of resolutions by the City Council and Redevelopment Agency Board approving fiscal actions relative to the Civic Center Plaza Project:

(a) Adoption of resolutions by City Council and Agency Board approving the first amendment to the cooperation agreement between the City and Agency relative to the Civic Center Project providing for the repayment of the Agency by the City for the Civic Center site and Civic Center garage site;

(b) Adoption of a resolution by the Agency Board approving the reduction of $5,850,000 to the Adopted FY 2001-2002 Capital Budget Civic Center Plaza – Infrastructure project line in the Civic Plaza Redevelopment Area; and

(c) Adoption of a resolution by the Agency Board amending the FY 2001-2002 Agency appropriations resolution to reflect the reduction of the $5,850,000.

(City Attorney’s Office)

(Deferred from 9/25/01 – Item 10.1)

RECOMMEND DEFERRAL TO 10/9/01

ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

*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:

Council Lots/ Proposed

Tract         Location                 District                 Developer                 Units                 Type                 Decision

9352        N/s Hillsdale Av            7                    KB Home                127 units            SFAR                Approve

                at Vistapark Dr                                    South Bay                                        & MFAR

9369        W/s of Keeble Av         6                    Regis Homes            20 units            SFAR                  Approve

        380’ E/o Race St

9372        N/s of Berryessa Rd      4                    Borelli                         8 lots             Industrial             Approve

                                                                           Investments

 

(To be heard by the City Council at 7:00 p.m.)

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Meridian Avenue and Branham Lane, from CP-Commercial Zoning District to A(PD) Planned Development Zoning District, to allow the addition of a carwash facility at an existing gas station site on 0.53 gross acre. (Mehdi Medhipour/Chevron, Owner/Developer). CEQA: Negative Declaration.

PDC 00-08-069 - District 9

(Continued from 8/14/01 – Item 11.10 and 9/4/01 – Item 11.3)

RECOMMEND CONTINUANCE TO 10/16/01

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT PREZONING of the property located at the east side of Ruby Avenue, approximately 50 feet northerly of Murillo Avenue, from County to A(PD) Planned Development Zoning District, to allow up to 22,570 square feet for a new church sanctuary and associated classrooms on 2.61 gross acres. (Young Nak Presbyterian Church c/o K.B. Chung, Owner/Developer). CEQA: Negative Declaration.

PDC 00-04-024 - District 8

(Continued from 8/14/01 – Item 11.9 and 9/4/01 – Item 11.2)

RECOMMEND CONTINUANCE TO 12/4/01

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Broadway Avenue, approximately 190 feet northeasterly of Ramona Avenue, from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow the subdivision of one lot into two lots for construction of an additional single-family residence on 0.4 gross acre. (Emily Chen, Owner/Developer). CEQA: Negative Declaration.

PDC 00-02-014 - District 6

(Continued from 8/21/01 – Item 11.1)

RECOMMEND CONTINUANCE TO 10/16/01

*DROP

Recommendation: PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve a Conditional Use Permit for a project located at the northwest corner of Potrero Drive and Custer Drive, on a 0.82 gross acre site in the R-1-8 Residence Zoning District, to allow the installation of up to 6 wireless communications antennas atop an existing PG&E tower and the installation of an equipment shelter. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1) (Pacific Gas and Electric, Owner; Verizon Wireless, Developer). CEQA: Exempt.

CP 01-03-021 - District 9

(Continued from 9/18/01 – Item 11.3)

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Balbach Street, 200 feet westerly of Market Street, from C-3 Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 12 attached dwelling units on 0.40 gross acre. (Des Nolan, Owner/Developer.) CEQA: Resolution No. 68839. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 00-05-043 - District 3

(Continued from 6/5/01 – Item 11.8 and 6/19/01 – Item 11.9 and 9/18/01 – Item 11.4)

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at northeast corner of Bascom Avenue and Samaritan Drive, from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow up to 70,500 square feet of medical offices and a five level, 525 space parking structure on 5.4 gross acres. (Samaritan Medical Center, c/o David Henderson, Owner/Developer). CEQA: Negative Declaration.

PDC 00-06-055 - District 9

RECOMMEND CONTINUANCE TO 10/16/01

Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the southwest side of North Capitol Avenue, approximately 240 feet northerly of Berryessa Road (1155 North Capitol Avenue), from A(PD) Planned Development Zoning District to CG-Commercial General Zoning District, to allow commercial uses on 9.32 gross acres. (SYUFY Enterprises, Owner/Developer). Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required. CEQA: Resolution No. 65459

C 01-01-003 - District 4