SAN JOSE CITY COUNCIL
MEETING AMENDED AGENDA
October 16, 2001
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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
7:00 p.m. - Public Hearings, Council Chambers, City Hall
Invocation (District 9)
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 1.6, Presentation of a City of San Jose flag.
1 CEREMONIAL ITEMS
1.1 Presentation of the Client Achievement Award from the American Institute of Architects to Jane Light, City Librarian. (City Manager’s Office)
1.2 Presentation of plaques to Alexandrina Esparza for 2 years 1 month service on the CDBG Steering Committee and to Gerald Grudzen, Jr. for 2 years 1 month service on the Disadvantaged Business Development Commission. (Mayor)
*1.3 Presentation of a commendation to Bret Harte Middle School for raising funds to send teddy bears to young children who attended San José Day Nursery in New York City. (Dando)
(Rules Committee referral 10/10/01)
TO BE HEARD IN THE EVENING
*1.4 Presentation of a commendation from Council Member Dando and the Red Cross to the Federation of Vietnamese-Americans of Northern California for raising over $100,000 for the Red Cross to assist the victims and families of the September 11, 2001 tragic event. (Dando)
(Rules Committee referral 10/10/01)
TO BE HEARD IN THE EVENING
*1.5 Presentation of a commendation to the Services for Brain Injury (SBI) for Brain Injury Month. (Dando)
(Rules Committee referral 10/10/01)
TO BE HEARD IN THE EVENING
*1.6 Presentation of a City of San Jose flag and gifts to Commander Scott W. Bailey of the U.S.N.S. San Jose. (Mayor)
(Orders of the Day)
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.
2.2 Final adoption of ordinances.
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26487 – Rezones certain real property situated on the north side of Balbach Street, 200 feet westerly of South Market Street. PDC 00-05-043
(b) ORD. NO. 26488 - Rezones certain real property situated on the southwest side of North Capitol Avenue, approximately 240 feet northerly of Berryessa Road (1155 N. Capitol Avenue). C 01-01-003
2.3 Approval to provide for additional netting at the Rancho del Pueblo Golf Course.
Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund to provide for additional netting at the Rancho del Pueblo Golf Course. (City Manager’s Office)
*DROP
2.4 Approval to amend an agreement for the preparation of the Water Utility Management Plan.
Recommendation: Approval of the first amendment to the consultant agreement with PSOMAS to increase compensation by $65,000, from $135,000 to a total contract amount not to exceed $200,000, to provide assistance to San José Municipal Water System staff in the preparation of a Water Utility Management Plan. Council Districts 2, 4, 7, and 8. (Environmental Services)
3 STRATEGIC SUPPORT SERVICES
3.1 Report of the Study Session
Mayor Gonzales, Chair
3.2 Report of the Rules Committee – October 3, 2001
Vice Mayor Shirakawa, Jr., Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review October 16, 2001 Draft Agenda
(a) Additions
(2) Add New Items to October 9, 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) Meeting Schedules
(e) The Public Record – September 19-25, 2001
(f) Boards, Commissions and Committees
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(h) Administrative Reviews and Approval
(1) Request to use Council General funds by Council Member Pat Dando to attend the National League of Cities Congress of Cities Exposition in Atlanta, GA, December 3-9, 2001
(2) Status Report on Council Referrals for the period April-June 2001
(i) Oral communications
(j) Adjournment
* Report of the Rules Committee – October 10, 2001
(h) Administrative Reviews and Approval
*(1) Approve voting delegate for 2001 National League of Cities Annual Business Meeting
3.3 Report of the Finance and Infrastructure Committee
Council Member Dando, Chair
3.4 Approval of various operating and capital funds to implement 2000-2001 Annual Report recommendations and provide for appropriate technical adjustments.
(a) Acceptance of the 2000-2001 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 2000-2001 Annual Report recommendations and provide for appropriate technical adjustments.
(City Manager’s Office)
3.5 Approval of a Supplemental Retiree Benefit Reserve.
Recommendation: Approval of proposed Supplemental Retiree Benefit Reserve and referral to City Administration for implementation. (Board of Administration for the Police & Fire Department Retirement Plan)
* RECOMMEND DEFERRAL TO 10/30/01
*3.6 Approval of the City Council responses to the Grand Jury Reports.
Recommendation: Approval of the City Council responses to the following Grand Jury Reports:
(a) Inquiry into the City of San José Police Department "Use-of-Force" Training Procedures.
(b) Inquiry into Alleged Improprieties by Mayor, Including Misuse of City of San José Funds.
(c) Review of the City of San José’s Use of Redevelopment Agency’s 20% Low and Moderate Income Housing Fund.
(d) Inquiry into the City of San José Fire Department Transfer and Assignment Policy.
(City Attorney’s Office)
(Rules Committee referral 10/10/01)
4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee – October 1, 2001
Council Member Williams, Chair
(a) Workforce Investment Act Program Fourth Quarter Performance Report
(b) Status Report on the Mayor’s Housing Production Team Referrals
(c) Update on Rental Housing Action Item: Outreach, Mediation, and Evictions
(d) Monthly Report on Affordable Housing Production
(e) Oral petitions
(f) Adjournment
Recommendation: Approval of the Chief Local Elected Official’s new appointments to the Workforce Investment Board and the Youth Council. (Economic Development)
4.3 TEFRA Hearing for the Betty Anne Gardens Apartments Housing Development.
Recommendation: Adoption of a resolution acknowledging a TEFRA Hearing for the issuance of up to $11,000,000 in tax-exempt multifamily housing revenue bonds for the Betty Anne Gardens Apartments Housing Development located at 945 & 955 North King Road. Council District 4. (Housing/Finance)
4.4 TEFRA Hearing for the Valley Palms Apartments Housing Development.
Recommendation: Adoption of a resolution acknowledging a TEFRA Hearing for the issuance of up to $35,000,000 in tax-exempt multifamily housing revenue bonds by the California Statewide Community Development Authority for the acquisition and rehabilitation of a 354-unit Valley Palms Apartments Housing Development located at 2155 to 2245 Lanai Avenue. Council District 7. SNI: West Evergreen. (Housing/Finance)
4.5 Acceptance of the CalHome Program grant to fund the rehabilitation of owner-occupied homes.
Recommendation:
(a) Adoption of a resolution accepting a $500,000 CalHome Program grant from the California Department of Housing and Community Development for funding the rehabilitation of owner-occupied homes and authorizing the Director of Housing to execute the grant agreement and any amendments or other documents necessary to implement the Program.
(b) Adoption of appropriation ordinance and funding sources resolution amendments in the Home Investment Partnership Program Fund in the amount of $500,000.
(Housing/City Manager’s Office)
4.6 Approval of various actions related to the Shiraz Senior Apartments Development.
Recommendation: Adoption of a resolution:
*(a) Approving business terms for a construction loan of up to $2,012,347 and a permanent loan of up to $1,910,823 to Shiraz Senior Housing, L. P., or its affiliate, for the development of the Shiraz Senior Housing Apartments, a 61-unit housing development affordable to very low-income senior households secured by a leasehold interest in a 1.55 acre site located at 1275 McLaughlin Avenue, south of Owsley Avenue.
(b) Approving business terms for a permanent loan of up to $1,882,653 to ROEM Development Corporation secured by the underlying fee title of the 1.55 acre site located at 1275 McLaughlin Avenue, south of Owsley Avenue.
Council District 7. SNI: Tully/Senter. (Housing)
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 West Valley Branch Library Project.
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)
(Deferred from 10/2/01 – Item 5.4)
*RECOMMEND DEFERRAL TO 10/30/01
5.3 Naming of public facilities.
Recommendation: Consideration of Parks and Recreation Commission recommendation to name a plaza area between Oak and Edward Streets in District 3 the "Brenda Lopez Memorial Plaza." (Parks and Recreation Commission/City Clerk)
*TO BE HEARD IN THE EVENING
5.4 Approval to award a contract for the Brigadoon Park Renovation Project.
Recommendation: Approval of the following actions:
(a) Report on bids and award of contract for the Brigadoon Park Renovation Project to the low bidder, HRB Construction, Inc., in the amount of $526,510 to include the base bid and Add Alternate No. 1, and approval of a contingency in the amount of $50,000. CEQA: Exempt.
(b) Adoption of appropriation ordinance amendments in the Council District 8 Construction and Conveyance Tax Fund in the amount of $70,000.
CEQA: Exempt. Council District 8. SNI: West Evergreen. (Public Works/City Manager’s Office)
6 TRANSPORTATION SERVICES
7 ENVIRONMENTAL & UTILITY SERVICES
7.1 Approval of the Metcalf Energy Center Silver Creek Alignment Financing Plan.
*Recommendation: Adoption of a resolution:
(a) Approving an amendment to the Cooperation Agreement between the City of San José and Calpine/Bechtel to allow a 30" pipeline in the Silver Creek Alignment and appropriate financial responsibilities of the parties.
(b) Approving the financing plan for the South Bay Water Recycling Silver Creek Alignment to provide recycled water to Metcalf Energy Center and other potential users along the new alignment; and authorizing the City Manager to negotiate and execute agreements with the City of Santa Clara, the Treatment Plant Tributary Agencies, Calpine/Bechtel and associated entities, and the Santa Clara Valley Water District to implement the financing plan.
CEQA: Resolution No. 64667. (Environmental Services)
Recommendation: Acceptance of the report and authorization to transmit formal comments to the Regional Water Quality Control Board related to the third draft of the Tentative Order for the Stormwater NPDES Permit including the proposed New Development and Redevelopment provisions. (Environmental Services)
8 AVIATION SERVICES
*8.1 Approval of the proposed benchmark standards to be included in the on-demand Airport taxicab services concession agreements at San José International Airport.
Recommendation: Approval of standards for customer service, assurance of labor peace and driver due process for Yellow Checker Cab Co., Inc. and United Taxicab Corporation for the On-demand Taxicab Services Concession Agreements at the San José International Airport. (Airport)
[Deferred from 9/18/01 – Item 8.2 and 9/25/01 - Item 8.2(a)]
8.2 Approval to award the purchase of covered walkways for the Airport.
Recommendation: Approval to award the sole-source purchase of Commute-a-Walk, Airport Covered Walkways, to Infra-Structures Inc., for a total cost of $1,749,592, including tax, delivery, and installation, and authorization for the Director of General Services to execute the purchase order. CEQA: Resolution No. 67380. (General Services)
9 PUBLIC SAFETY SERVICES
9.1 Approval to award a contract for the Police Administration Building Seismic Upgrade Project.
Recommendation: Report on bids and award of contract for the Police Administration Building Seismic Upgrade Project to the low bidder, CSB Construction, for the base bid and Add Alternate No. 1 in the amount of $1,761,033, and approval of a contingency in the amount of $150,000. CEQA: Exempt. (Public Works)
9.2 Status report on emergency preparedness.
Recommendation: Status report on emergency preparedness. (Reed)
10 JOINT COUNCIL/REDEVELOPMENT AGENCY
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:
Proposed
Tract Location Council District Developer Lots/Units Type Decision
9281 S/s of Yerba Buena Rd 8 Ponderosa Homes 38 lots SFDR Approve
E/o U.S. 101
9357 Silver Crk Valley Rd 8 Pacific 14 lots SFDR Approve
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:
9380 SE/C of Sunol St & 6 Summer Hill Homes 94 units Multi-
W. San Fernando St Family
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 and approval of an ordinance amending Title 20, the Zoning Code, modifying parking requirements and making other changes to the Zoning Code.
*Recommendation: PUBLIC HEARING and approval of an ordinance amending several sections of Title 20 of the San José Municipal Code to do all of the following: modify the parking requirements for certain industrial land uses; revise provisions pertaining to public eating establishments in industrial zoning districts; include provisions pertaining to setbacks for mechanical equipment in planned development districts; and modify provisions pertaining to social service uses. CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval. (5-0-2)
Citywide
(Continued from 9/18/01 – Item 11.1)
11.2 Public Hearing on the naming of two streets.
*Recommendation: PUBLIC HEARING ON STREET NAMING to allow the naming of two public streets at the northerly terminus of Great Oaks Boulevard, westerly of Monterey Highway and northerly of State Route 85 "Great Oaks Court" and "Exchange Way." (1-Star San José, LLC, Owner/Developer). CEQA: Resolution No. 70021. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval. (5-0-2)
District 2
(Continued from 9/18/01 – Item 11.2)
11.3 Public Hearing on planned development rezoning at Meridian Avenue and Branham Lane.
*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. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval. (5-0-2)
PDC 00-08-069 - District 9
(Continued from 8/14/01 – Item 11.10 et al., and 10/2/01 – Item 11.1)
11.4 Public Hearing on planned development rezoning at U.S. Highway 101 and Silver Creek Valley Road.
*Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeastern corner of U.S. Highway 101 and Silver Creek Valley Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow a hotel, athletic club, and office uses on 10.48 gross acres. (Steve Sund, McCandless Companies, Owner/Developer). CEQA: Resolution No. 67245. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (4-1-2).
PDC 00-10-109 - District 2
(Continued from 9/18/01 – Item 11.6)
11.5 Public Hearing on planned development rezoning of Bascom Avenue and Samaritan Drive.
*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. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-1-0).
PDC 00-06-055 - District 9
(Continued from 10/2/01 – Item 11.6)
11.6 Public Hearing on planned development rezoning at South Bascom and Moorpark Avenues.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Bascom and Moorpark Avenues, from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow an office/classroom building up to a maximum of 80,000 square feet on 1.55 gross acres. (The Rajkovich 1992 Revocable Trust, The Martin Rajkovich 1992 Revocable Trust, Owner; Green Valley Corporation, Developer).
PDC 01-03-043 - District 6
*RECOMMEND CONTINUANCE TO 11/6/01.
11.7 Public Hearing on conforming prezoning at Curtner Avenue.
Recommendation: PUBLIC HEARING ON CONFORMING PREZONING of the property located on the south side of Curtner Avenue approximately 750 feet easterly of Highway 87, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 535 single-family and multi-family attached dwelling units on 60.2 gross acres. (MTA Properties, Owner; Summerhill Homes, Developer). CEQA: Negative Declaration.
PDC 01-01-001 - District 7
*RECOMMEND CONTINUANCE TO 11/6/01.
11.8 Public Hearing on conforming rezoning at Morrill Avenue.
*Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the east side of Morrill Avenue, approximately 112 feet northerly of Tobin Drive, from A Agricultural Zoning District to R-1-8 Residential Zoning District, to allow residential uses on 0.382 gross acre. (Yoshito and Aiko Ouchida, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval.
C 01-07-069 - District 4
11.9 Public Hearing on conforming prezoning at North Capitol Avenue and McKee Road.
*Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the northeast corner of North Capitol Avenue and McKee Road, from CP (PD) Planned Development Zoning District to CG General Commercial Zoning District, to allow commercial uses on 30.03 gross acres. (Capitol Square Partners, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval.
*C 01-09-092 - District 5
Open Forum
Adjournment
Adjourn to Thursday, October 18, 2001, 8:00 a.m., Room 106, for a Council meeting on Input on Hiring of Director of Planning, Building, and Code Enforcement.