SAN JOSE CITY COUNCIL

AMENDED AGENDA

OCTOBER 15, 2002

 Link to Welcome Letter 

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

            9:00 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

·                   Invocation (District 9)

            Father Stout, San José Fire Department Chaplain

            Cub Scout Pack #224

*          TO BE HEARD IN THE EVENING

·                   Pledge of Allegiance

·                   Orders of the Day

           ITEMS 10.1 AND 10.2 ARE TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

*          See New Item 3.7, Appointment of members to the Joint Council/Water District Ad Hoc Subcommittee on Trails.

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

1                  CEREMONIAL ITEMS

1.1       Presentation of a commendation to the members of the Human Resources/Payroll Upgrade Team.  (Dando)

1.2       Presentation of plaque to Tanya C. Young for 4 years 10 months service on the Civil Service Commission.  (Mayor)

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 March 12, 2002

            (b)        Regular meeting of March 19, 2002

            (c)        Regular meeting of March 26, 2002

            (d)        Joint Council/Redevelopment Agency Board meeting of March 26, 2002

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26743 – Amends Section 4.78.020 of Chapter 4.78 of Title 4 of the San José Municipal Code to revise the definition of “cover material” for purposes of the Disposal Facility Tax.

            (b)        ORD. NO. 26744 – Amends Chapter 11.48 of Title 11 of the San José Municipal Code to add a College Park Residential Permit Parking Program.

            (c)        ORD. NO. 26749 – Rezones certain real property situated on the south side of Curtner Avenue, approximately 700 feet easterly of Highway 87 to A(PD) Planned Development Zoning District.  PDC 02-042

            (d)        ORD. NO. 26750 – Prezones certain real property situated at the southeast corner of Fehren Drive and Monterey Highway to CG Commercial General Zoning District.  C 02-065

2.3              Approval of a Concession Agreement to provide foreign currency services, pre-paid long distance telephone cards, and travel insurance at the Airport.

            Recommendation:  Approval of a first amendment to the Concession Agreement with Lenlyn Limited, d/b/a ICE Currency Services to provide foreign currency services, pre-paid long distance telephone cards, and travel insurance at the Norman Y. Mineta San José International Airport, for an additional five-year term beginning November 1, 2002 and not to extend beyond October 31, 2007, with a minimum annual revenue to the City of $15,600.  CEQA:  Resolution No. 67380, PP 02-09-266.  (Airport)

2.4              Approval of a resolution establishing fees and charges for airline use of the new Interim Federal Inspection Services Facility at the Airport.

            Recommendation:  Adoption of a resolution establishing fees and charges for airline use of the new Interim Federal Inspection Services Facility at the Norman Y. Mineta San José International Airport and repealing Resolution No. 61958.  CEQA:  Resolution No. 67380, PP02-09-270.  (Airport)

*          TO BE HEARD AFTER ITEM 8.1

2.5              Approval of leases related to the new Interim Federal Inspection Services Facility.

            Recommendation:  

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute an eleventh amendment to the Scheduled Airline Terminal Building Lease with American Airlines, Inc., to provide for the reallocation of gates in connection with the opening of the new Interim Federal Inspection Services Facility, with monthly revenue to the City of $245,371.

            (b)        Adoption of a resolution authorizing the City Manager to negotiate and execute a Lease of Airport Premises with American Airlines, Inc., for the new Interim Federal Inspection Services Facility, with annual revenue to the City of $77,345. 

            CEQA:  Resolution No. 67380, PP 02-09-252.  (Airport)

*          TO BE HEARD AFTER ITEM 8.1

2.6              Approval of change orders to the purchase orders for custom pumper apparatus.

            Recommendation:  Authorization for the Director of General Services to execute change orders to the purchase orders of four 1500 gallons-per minute custom pumper apparatus from Kovatch Mobile Equipment Corporation, KME, (Nesqueshoing, PA) for a total collective increase of $10,435.32, including tax.  CEQA:  Not a Project.  (General Services)

2.7              Approval to award a purchase of Wemco pumps.

            Recommendation:  Approval to award the purchase of 10 rebuilt Wemco pumps to LMH Municipal, Inc., Roseville, CA, as a sole source purchase for a total cost of $179,716.65 including tax and delivery, and authorization for the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)

2.8              Approval of an agreement for the San José Animal Services Center Project.

            Recommendation:  Approval of a second amendment to the agreement with George Miers & Associates, for consulting management services for the San José Animal Services Center Project, extending the term of the agreement to December 31, 2003, and increasing the compensation by $85,000, from $956,000 to an amount not to exceed $1,041,000.  CEQA:  Negative Declaration, H01-01-003.  (Public Works)

2.9              Approval of an agreement for the Winchester Boulevard Median Improvement Project.

            Recommendation:  Approval of an agreement with Bellecci & Associates, Inc. for consultant services for the Winchester Boulevard Median Improvement Project (Moorpark Avenue to Impala Drive), from the date of execution to March 31, 2004, in an amount of $208,000.  CEQA:  Exempt, PP 02-09-241.  Council Districts 1 and 6.  SNI:  Winchester.  (Public Works)

2.10          Approval to award a contract for the Boynton Avenue and Williams Road Sidewalk Improvement Project.

            Recommendation:  Report on bids and award of contract for the Boynton Avenue and Williams Road Sidewalk Improvement Project to the low bidder, Golden Bay Construction, Inc., to include the base bid and Add Alternate No. 1 in the amount of $121,843.50, and approval of a contingency in the amount of $12,000.  CEQA:  Exempt, PP02-01-001.  Council District 1.  (Public Works)

2.11          Approval of the Fiscal Year 2002-2003 HP Pavilion at San José Capital Repairs and Replacements Budget. 

            Recommendation:  Approval of the Fiscal Year 2002-2003 HP Pavilion at San José Capital Repairs and Replacements Budget submitted by Compaq Center Management.  CEQA:  Not a Project.  (San José Arena Authority)

*          RECOMMENDED DEFERRAL TO 11/5/02

2.12          Approval to award purchase of Herman Miller modular furniture. 

*         Recommendation:  Approval of award of purchase of Herman Miller modular furniture for the Police Department from the authorized dealer, Pivot Interiors (San José, CA) for a total cost of $190,105.25 including tax and delivery and authorization for the Director of General Services to execute the necessary purchase agreements. CEQA: Not a Project. (General Services)

          (Deferred from 10/8/02 - Item 2.5)

2.13          Approval of the Statement of Policy and City Council Questions related to the selection of a new Transportation Director. 

*         Recommendation:  Adoption of the Statement of Policy and City Council Questions related to the selection of a new Transportation Director, in compliance with City Charter Section 411.1. CEQA: Not a Project. (City Manager's Office)

          (Rules Committee referral 10/9/02)

2.14          Approval of the Statement of Policy and City Council Questions related to the selection of a new Employee Services Director. 

*         Recommendation:  Adoption of the Statement of Policy and City Council Questions related to the selection of a new Employee Services Director, in compliance with City Charter Section 411.1. CEQA: Not a Project. (City Manager's Office)

          (Rules Committee referral 10/9/02)

2.15          Approval of the City Manager's travel. 

*         Recommendation:  Approval of City Manager Del D. Borgsdorf's travel to Phoenix, Arizona, from October 17 - 18, 2002, to participate in the City-to-City program, to discuss expansion of convention center, downtown retail, and housing initiatives, and city hall construction. CEQA: Not a Project. (City Manager's Office)

          (Rules Committee referral 10/9/02)

2.16          Approval to submit an application and to negotiate and execute a grant agreement with California 21st Century Community Learning Centers. 

*         Recommendation:  Adoption of a resolution authorizing the City Manager to submit a grant application to the State Department of Education and to negotiate and execute a grant agreement, if awarded, with the California 21st Century Community Learning Centers, providing after school programs in an amount not to exceed $1.5 million per year, for the period between January 1, 2003 and June 30, 2007. CEQA: Exempt, PP 02-10-289. (Parks, Recreation and Neighborhood Services/City Manager's Office)

          (Rules Committee referral 10/9/02)

2.17          Approval of an ordinance revising notification procedures for street tree removal. 

*         Recommendation:  Approval of an ordinance revising Section 13.28.140 of Chapter 13.29 of Title 13 of the San José Municipal Code that increases notifications to adjacent property owners to a proposed street tree removal by requiring posting to property owners on both sides of the street for a distance of one hundred fifty feet on each side of the street tree. CEQA: Exempt, PP 02-10-292. (Transportation)

          (Rules Committee referral 10/9/02)

3                  STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – October 2, 2002

            Vice Mayor Shirakawa, Jr., Chair

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

            (b)        City Council

                        (1)        Review October 15, 2002 Draft Agenda

                        (2)        Add New Items to October 8, 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

*          (h)        Administrative Reviews and Approval

                        (1)        Workload assessment to establish an ad hoc City Council/Santa Clara Valley Water District committee to discuss all unresolved policy issues relating to trails

                         SEE ITEM 3.6 FOR COUNCIL ACTION TO BE TAKEN

                        (2)        Request from Council Member Ken Yeager to use Council General funds to attend the 79^th National League of Cities Congress of Cities & Exposition 2002 in Salt Lake City, Utah, December 1-8, 2002

                        (3)        Approve City positions on November 2002 State ballot

            (i)         Oral communications

            (j)         Adjournment

3.3              Report of the Finance and Infrastructure Committee

            Council Member Dando, Chair

3.4              Approval of various actions in City operating and capital funds to implement 2001-2002 Annual Report recommendations and provide for appropriate technical adjustments.

            Recommendation:

            (a)        Acceptance of the 2001-2002 City Manager’s Annual Report of the Finances and Administrative Activities of the City of San José, pursuant to the City Charter Section 701(f).

            (b)        Adoption of appropriation ordinance and funding sources resolution amendments in various operating and capital funds to implement 2001-2002 Annual Report recommendations and provide for appropriate technical adjustments.

            (c)        Adoption of a resolution making certain determinations regarding the expenditure of Redevelopment Agency funds on certain public improvements (as detailed in the Appendix of this report).

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

3.5              Approval of an agreement for the Guadalupe River South Reach 12 Phase 1 Project.

            Recommendation:  

            (a)        Approval of a first amendment to the agreement with Callander Associates Landscape Architecture, Inc. for consultant services for the Guadalupe River South Reach 12 Phase 1 Project, increasing the total compensation by $112,000, for a total agreement amount of $262,000, and revising the scope of services and the schedule of performance.  CEQA:  Not a Project.

            (b)        Adoption of the following appropriation ordinance amendments in the Subdivision Park Trust Fund:

                        (1)        Establish the Winfield Park Development Project for $125,000.

                        (2)        Reduce the Reserve:  Future PDO/PIFO by $125,000.

            CEQA:  Not a Project.  Council District 10.  (Public Works/City Manager's Office)

3.6              Approval of actions related to trail projects.

*          Recommendation:  

            (a)        Appoint an ad hoc Council Committee of two or three Council Members to be tasked with meeting with a similar committee from the Santa Clara Valley Water District.

            (b)        Direct Administration to seek scheduling a joint meeting with a committee of Board Members from the Santa Clara Valley Water District during the month of October to discuss all policy issues relating to trails that have not been resolved by the two staffs, and come up with joint recommendations for action for the Council and the Board.

            [Rules Committee referral 10/9/02 - Item 3.2H(1)]

3.7          Appointment of members to the Joint Council/Water District Ad Hoc Subcommittee on Trails. 

*         Recommendation:  Appointment of members to the Joint Council/Water District Ad Hoc Subcommittee on Trails. (Mayor)

          (Orders of the Day)

4                  ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Economic Development & Environment Committee

            Council Member Williams, Chair

4.2              Public hearing on petition for tentative partial cancellation of land conservation contract.

            Recommendation:  PUBLIC HEARING ON PETITION FOR TENTATIVE PARTIAL CANCELLATION OF LAND CONSERVATION CONTRACT (Williamson Act), for property consisting of 3.5 acres located on the northeast corner of Fleming Avenue and Warner Drive (Rolando Loera, Owner).  CEQA:  Negative Declaration.  Director of Planning, Building, and Code Enforcement recommends approval.  No Planning Commission action required.

            Contract No. 71-234 - District 5

            (Continued from 8/20/02 – Item 11.3 et al., and 9/17/02 – Item 4.4)

4.3              Approval of the policy recommendations included in the FY 2002-07 Five-Year Housing Investment Plan.

            Recommendation: Adoption of a resolution approving the recommendations included in the FY 2002-07 Five-Year Housing Investment Plan to revise current City Housing Policies discussed in the Plan, and accepting the remainder of the report.  CEQA:  Not a Project.  (Housing)

            [Referred from General Plan Agenda 9/3/02 – Item 2.10 (c)]

            (Deferred from 10/1/02 – Item 4.5)

4.4              Public Hearing on the Historical Property Contract for the Charles O. Bocks Residence.

*          Recommendation: PUBLIC HEARING on Historical Property Contract for the Charles O. Bocks Residence, City Landmark No. HL02-141, located at the southwest corner of The Alameda and Randol Avenue (1645 The Alameda) on 0.34 gross acre. (Jim Blair, Eaglecreek Associates II, Owner). CEQA: Exempt. (Planning, Building, and Code Enforcement)

            MA 02-002 - District 6

            (Continued from 10/8/02 - Item 4.2)

4.5              Public Hearing on the Historical Property Contract for the Hotel Metropole.

*          Recommendation: PUBLIC HEARING on the Historical Property Contract for the Hotel Metropole, City Landmark No. HL88-46 and the Sunol Building, City Landmark No. HL02-129 located at the northwest corner of South Market and Post Streets (35 South Market St.) on 0.33 gross acre. (Florin II LTD, William B. Mitchell G.P., Owner). CEQA: Exempt. (Planning, Building, and Code Enforcement)

            MA 02-003 - District 3

            (Continued from 10/8/02 - Item 4.3)

4.6              Approval of various actions related to the purchase of a park site associated with Cinnabar Commons family rental development.

*          Recommendation:  

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute a real property purchase and sale agreement that includes an irrevocable offer of transfer with Cinnabar Commons LLC, or an affiliated entity, for property at the southwest corner of Stockton Avenue and Lenzen Avenue, comprising approximately 19,750 square feet of land for park purposes and further authorizing the Director of Public Works to execute acceptance of the deed, as well as any and all other documents necessary to complete the transaction

            (b)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the Park Trust Fund:

                        (1)        Establish an appropriation for the Cinnabar Commons Parkland Acquisition Project for $1,531,250.

                        (2)        Increase the estimate for Earned Revenue by $1,513,250.

            CEQA: Resolution No. 71174. Council District 6. (Parks, Recreation and Neighborhood Services/Public Works/City Manager's Office)

            [Rules Committee referral 10/9/02]

5                  RECREATION & CULTURAL SERVICES

5.1              Report of the Education, Neighborhoods, Youth, and Seniors Committee

            Council Member Chavez, Chair

5.2              Approval to award a contract for the Stonegate and Watson Parks Play Area and Restroom Renovation Project.

*          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)

            (Deferred from 10/1/02 – Item 5.4)

            RECOMMENDED DEFERRAL TO 10/22/02

5.3              Approval of the Blackford Strong Neighborhoods Initiative, Neighborhoods Improvement Plan.

*          Recommendation:  Approval of the Blackford Strong Neighborhoods Initiative, Neighborhoods Improvement Plan as the shared vision of revitalization of the area.  CEQA:  Resolution No. 65459, PP02-09-269.  Council District 1.  SNI:  Blackford.  (Planning, Building and Code Enforcement) Director of Planning, Building and Code Enforcement and Planning Commission recommend that the City Council: (1) approve the Strong Neighborhoods Initiative Blackford Neighborhood Improvement Plan as the City/community vision for the future of the Blackford area, (2) authorize the Administration to direct the City Departments and Agencies with implementation responsibilities to begin their respective activities, including the general oversight of the implementation of the Plan by the Redevelopment Agency, and (3) encourage the Blackford area property owners, residents and community members to dedicate their time, energy, and resources to implement the recommendations of the Plan and continue with their community building activities. (6-0-1).

6                  TRANSPORTATION SERVICES

6.1              Approval of a report from the San José Taxicab Advisory Team.

            Recommendation:  Approval of the report from the San José Taxicab Advisory Team  (“Team”) and:

            (a)        Direction to the City Manager and San José Redevelopment Agency Director to work with the Team to identify the funding needed to support the marketing and customer evaluation components of their recommendations;

            (b)        Direction to the Chief of Police to approve the proposed pilot temporarily suspending the issuance of permits to additional taxicab companies not licensed as of July 1, 2002; and,

            (c)        Amend the Taxicab Rate, Fares and Tariffs Resolution to increase the current per mile rate of $2.25 per mile (.25 per 1/9 mile) to $2.50 (.25 per 1/10), amending the flag drop from $2.00 (including 1/9 mile) to $2.00 per 1/10 mile), and maintain the same wait time calculation of $.20/36 seconds ($20 hour).

            (City Manager’s Office/San José Taxicab Advisory Team)

            (Deferred from 6/18/02 – Item 6.4 et al., and 9/17/02 – Item 6.1)

            DROP

6.2              Approval of resolutions related to the establishment of speed limits.

            Recommendation:  Adoption of a resolution establishing speed limits in the City of San José including the following:

            (a)        Establishing new speed limits on the following roadways within the City of San José:

                        (1)        Ridder Park Drive - from Brokaw Road to Fox Lane, 30 mph.

                        (2)        Rio Robles - from Tasman Drive to North First Street, 35 mph.

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

                        (1)        Hicks Avenue - from Curtner Avenue to Minnesota Avenue, from 30 mph to 25 mph.

                        (2)        Shasta Avenue - from San Carlos Street to Park Avenue, from 30 mph to 25 mph.

                        (3)        Stokes Street - from Bascom Avenue to St. Elizabeth Drive, from 35 mph to 30 mph.

            CEQA:  Exempt, PP02-09-246.  Council Districts 4 and 6.  (Transportation)

7                  ENVIRONMENTAL & UTILITY SERVICES

8                  AVIATION SERVICES

8.1              Approval of an amendment to the Scheduled Airline Operating Agreement regarding compliance with the City’s Airport Noise Control Program.

            Recommendation:  Approval of a fifth amendment to the Scheduled Airline Operating Agreement between the City of San José and American Airlines, Inc., to add provisions regarding compliance with the City’s Airport Noise Control Program, with annual revenue to the City in excess of $4,000,000.  CEQA:  Resolution No. 67380, PP 02-09-276.  (Airport)

9                  PUBLIC SAFETY SERVICES

10            JOINT COUNCIL/REDEVELOPMENT AGENCY

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1 AND 10.2 IN A JOINT SESSION

10.1          Approval of various actions related to Public Works and Redevelopment Agency Construction Projects.

            Recommendation:  

            (a)        Approval of an ordinance amending Title 14 of the San José Municipal Code to add a new Chapter 14.06 setting forth dispute avoidance and dispute resolution procedures for City public works construction projects.

            (b)        Adoption of a resolution by the Redevelopment Agency to implement the same dispute avoidance and dispute resolution procedures for RDA construction projects, to the extent that they do not conflict with the requirements of State law applied to RDA construction projects.

            CEQA:  Exempt, PP 02-10-278.  (City Manager's Office/Redevelopment Agency)

*          RECOMMENDED DEFERRAL TO 10/22/02

10.2          City Council and Redevelopment Agency Board actions on Gateway/Community Gateway/Identification Signage and approval of an agreement for sign design to the Downtown Signage Program.

            Recommendation: 

            (a)        Adoption of a resolution by the City Council amending Council Policy 9-3, enacted in 1972, to allow Gateway/Community Gateway/Identification Signs for the greater downtown Area; and,

            (b)        Approval by the Redevelopment Agency Board of the first amendment to the agreement with Bohannon Eberts Design, LLC, in the amount of $72,257, for a total contract amount not to exceed $547,257, adding architectural and graphic design services for downtown gateway sign design to the Downtown Signage Program.

            CEQA:  Resolution No. 68839.

*          (Redevelopment Agency/City Manager's Office)

            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:

            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.  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 planned development rezoning at North First Street and East Gish Road.

            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 10/1/02 – Item 11.2)

11.2          Public Hearing on planned development rezoning at Almaden Expressway and McAbee Road.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Almaden Expressway and McAbee Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow the addition of a drive-through lane and pick-up window to an existing fast food restaurant on 5.31 gross acres.  (Moitozo, Owner; Henley/McDonald’s, Developer).  CEQA:  Negative Declaration.  Director of Planning, Building and Code Enforcement recommend approval of a staff alternative design.  Planning Commission recommends denial (4-3-0).

            PDC 00-06-049 - District 10

            (Continued from 8/6/02 – Item 11.4 et al., and 9/17/02 – Item 11.5)

*          DROP

11.3          Public Hearing on planned development rezoning at Floyd Street and Lick Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeastern corner of Floyd Street and Lick Avenue, from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow up to 16 single-family attached residences on 0.67 gross acre.  (John Previtera, Owner; Chris Neale, CORE Development, Developer).  CEQA:  Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

            PDC 02-051 - District 3

11.4          Public Hearing on planned development rezoning at Russo Drive and Cherryview Lane.

*          Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Russo Drive and Cherryview Lane, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 126 senior housing units and 24 single family courthome units on 4.18 gross acres.  (John E. Giacomazzi, Owner; Roem Development c/o Anthony Ho, Developer).  CEQA:  Mitigated Negative Declaration.

            PDCSH 02-032 - District 9

            RECOMMEND CONTINUANCE TO 11/5/02

11.5          Public Hearing and approval of a single family house permit for 6295 McAbee Road.

            Recommendation:  PUBLIC HEARING ON SINGLE FAMILY HOUSE PERMIT for a project located at the southwest corner of McAbee Road and Deb Court (6295 McAbee Road), on a 0.46 gross acre site in the R-1-5 Residence Zoning District, to allow the demolition of one single family residence and the construction of a 2,713 square foot single family residence with a height of 33 feet 7 inches. (Betty Brown, Owner/Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval with conditions (6-0-1).

            SF 02-016 - District 10

·                   Open Forum

·                   Adjournment

JOINT CITY OF SAN JOSÉ

CITY COUNCIL/FINANCING AUTHORITY

AGENDA

1:30 P.M  TUESDAY, OCTOBER 15, 2002 CHAMBERS

1.         Call to Order

2.            Approval of various actions related to the New Civic Center Project.

            Recommendation:

            (a)        Adoption of a resolution of the City of San José Financing Authority:

                        (1)            Authorizing the issuance of City of San José Financing Authority Lease Revenue Bonds, Series 2002B, Series 2002C and Series 2002D (Civic Center Project) (collectively, the “Bonds”) in the not to exceed aggregate principal amount of $425,000,000, to be sold through negotiated sales subject to certain limitations.

                        (2)            Approving in substantially final form, the Bonds, Indenture of Trust, Site Lease, Project Lease, Standby Bond Purchase Agreement, Preliminary Official Statements, Purchase Contract for the Series 2002B Bonds, Purchase Contract for the Series 2002C Bonds, Purchase Contract or the Series 2002D Bonds, Remarketing Agreement for the Series 2002C Bonds, and Remarketing Agreement for the Series 2002D Bonds; authorizing the Treasurer to execute and, as appropriate, to negotiate, and deliver these documents and other related financing documents and to take other actions as necessary in connection with the issuance of the Bonds.

            (b)        Adoption of a resolution by the City Council approving, authorizing, and directing the execution of the Project Lease.

            (c)        Adoption of a resolution by the City Council:

                        (1)            Approving in substantially final form and authorizing the execution of the Project Lease, Site Lease, Preliminary Official Statements, Standby Purchase Agreement, Bond Purchase Agreements, Continuing Disclosure Certificate and authorizing the Director of Finance to execute and, as appropriate, to negotiate, and deliver these documents and other related financing documents and to take other actions as necessary in connection with the issuance of the Bonds.

                        (2)            Authorizing the City Manager to negotiate and execute an agreement with the Public Resources Advisory Group for financial advisory services in an amount not to exceed $320,000.

                        (3)            Authorizing the City Attorney to negotiate and execute an agreement with Jones Hall for bond counsel services in an amount not to exceed $300,000.

            (Finance/Public Works)

            (Deferred from 10/8/02 – Item 2)

3.            Adjourn the Joint City Council/San José Financing Authority