SAN JOSE CITY COUNCIL

MEETING AMENDED AGENDA

NOVEMBER 13, 2001

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

· Call to Order and Roll Call

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. Evening Session, Council Chambers

· Invocation (District 10)

Del Robles Elementary School

· Pledge of Allegiance

· Orders of the Day

 

1 CEREMONIAL ITEMS

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* 1.1 Presentation of a proclamation designating November 15, 2001 as San José Recycles Day. (Environmental Services)

(Rules Committee referral 11/7/01)

 

2 CONSENT CALENDAR

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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.

2.3 Approval of open purchase orders for the purchase of supplies, materials, equipment, and services.

Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #12, and authorization for the Director of General Services to execute the purchase orders. (General Services)

2.4 Approval to extend the janitorial services contract at the Water Pollution Control Plant.

Recommendation: Adoption of a resolution authorizing the Director of General Services to negotiate and execute an amendment to the agreement with Service By Medallion to extend the janitorial contract, at the Water Pollution Control Plant, on a month-to-month basis through March 31, 2002, at an additional cost of $60,000, for a total contract amount not to exceed $970,794.89. (General Services)

2.5 Approval of the rescission of 30-year Affordability Restrictions and authorizing the transfer of affordability restrictions for Innvision of Santa Clara Valley.

Recommendation: Adoption of a resolution:

(a) Approving the rescission of 30-year Affordability Restrictions existing on two 4-plexes (eight units total) located at 1361 and 1440 Dubert Lane.

(b) Authorizing the transfer of affordability restrictions to be recorded on a 14-unit property located at 96 South Tenth Street.

(c) Authorizing the Acting Director of Housing to execute the required documents.

Council Districts 3 and 7. SNI: Santee and 13^th. (Housing)

* RECOMMEND DEFERRAL TO 12/11/01

2.6 Approval to extend the agreement with Group 4/Architecture, Research and Planning, Inc.

Recommendation: Approval of a continuation agreement with Group 4/Architecture, Research and Planning, Inc., that extends the term of the agreement from July 1, 2001 to June 30, 2002, at no additional cost to the City. (Library)

2.7 Approval of a non-binding Memorandum of Understanding with the Santa Clara County Library regarding a new City East Side Branch Library.

Recommendation: Approval of a non-binding Memorandum of Understanding with the Santa Clara County Library for shared operational funding of a new City East Side Branch Library and to direct staff to prepare a cost-sharing agreement for library operations to be presented to City Council for approval no later than January 31, 2002. Council District 5. SNI: East Valley/680 Communities. (Library)

2.8 Approval to submit a grant application for San José Smart Start facility expansion.

Recommendation: Adoption of a resolution authorizing the City Manager to submit an application for a grant from the Packard Foundation for San José Smart Start facility expansion, in an amount not to exceed $2,025,000, and to accept the grant funds, if awarded. (Parks, Recreation and Neighborhood Services)

2.9 Adoption of a resolution authorizing the reorganization and annexation of territory designated as Sunol No. 63.

Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as Sunol No. 63 which involves the annexation to the City of San José of 1.17 acres of land, located on the west side of Northrup Street at Interstate 280, approximately 85 feet north of Paula Street, and the detachment of the same from the appropriate special districts including the Central Fire Protection District, County Library Service Area, and Santa Clara Valley County Water. CEQA: ND. Council District 6. (Planning, Building and Code Enforcement)

2.10 Approval to amend an agreement for the Camden Community Center Project.

Recommendation: Approval of a first amendment to the agreement with the Steinberg Group for architectural consultant services for the Camden Community Center Project, increasing compensation by $168,000, from $50,000 to $218,000, and extending the agreement term from December 31, 2001 to August 31, 2002. Council District 9. (Public Works)

2.11 Approval to award a contract for the Phelan Avenue Infrastructure Improvement Project.

* Recommendation:  

(a)  Report on bids and award of contract for the Phelan Avenue Infrastructure Improvement Project to the low bidder, Gradetech, Inc., in the amount of $168,818 and approval of a contingency in the amount of $34,000. CEQA: Exempt. Council District 7. (Public Works)

(b)  Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) in the amount of $240,000.  (City Manager’s Office)

2.12 Approval to amend the agreement with Across the Bridge Foundation for the operation of the Downtown Prep Charter School.

Recommendation: Approval of a first amendment to the Line of Credit Agreement between the City of San Jose and Across the Bridge Foundation, Inc. to provide for the second $150,000 installment of a multi-year no interest gap financing Line of Credit being provided by the City for the operation of Downtown College Prep Charter School. (City Manager’s Office)

* 2.13 Approval of Mayor Gonzales’ travel to New York.

Recommendation: Adoption of a resolution approving Mayor Gonzales’ travel to New York, NY, November 16-19, 2001, to attend the New York Firefighter memorial. Funding: Mayor’s Office. (Mayor)

(Rules Committee referral 11/7/01)

DROP

* 2.14 Approval to re-allocate existing project resources and amend agreement with Acuent, Inc. to increase compensation.

Recommendation: Approval of reallocation of existing project resources for the upgrade of the Human Resources/Payroll System; and adoption of a resolution authorizing the City Manager to execute the first amendment to the consulting services agreement with Acuent, Inc., to increase compensation by $54,000, for a total contract amount not to exceed $951,200, but with no increase to the total project budget.

(Finance/Human Resources/Information Technology)

(Deferred from 11/6/01 – Item 2.4)

* 2.15 Nominations to the Metcalf Community Advisory Committee.

Recommendation: Approval of the nominations to the Metcalf Community Advisory Committee. (Mayor)

(Deferred from 10/30/01 – Item 2.11 and 11/6/01 – Item 2.7)

* RECOMMEND DEFERRAL TO 11/20/01

* 2.16 Appointment to the Ethics Board.

Recommendation: Adoption of an urgency ordinance re-appointing Alex Stuart, former Chair and member of the Ethics Board, to a temporary term on the Ethics Board, ending June 30, 2002, effective immediately, unless a replacement member is appointed prior to June 30, 2002. (City Attorney’s Office)

(Rules Committee referral 11/7/01)

* 2.17 Approval to submit a grant application to the California Department of Transportation’s Environmental Justice Program to study a section of the Coyote Creek Trail.

Recommendation:

(a) Adoption of a resolution requesting grant funding from the California Department of Transportation’s Environmental Justice Program to study a section of the Coyote Creek Trail between Selma Olinder Park and Kelly Park, including a connection to the Spartan/Keyes Neighborhood.

(b) Authorization for Walk San José and the Rails to Trails Conservancy to submit an application to the State Department of Transportation for a grant to study the aforementioned trail link.

(c) Direction to staff to work with Walk San José and the Rails to Trails Conservancy regarding the submittal of the grant application.

Council District 3. SNI: Spartan/Keyes. (Parks, Recreation and Neighborhood Services)

(Rules Committee referral 11/7/01)

 

3 STRATEGIC SUPPORT SERVICES

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3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – October 31, 2001

Vice Mayor Shirakawa, Jr., Chair

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

(b) City Council

(1) Review November 13, 2001 Draft Agenda

(a) Additions

(2) Add New Items to November 6, 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 - HEARD BY COUNCIL 11/6/01

(e) The Public Record for the period October 17-23, 2001

(f) Boards, Commissions and Committees

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

(h) Administrative Reviews and Approval

(i) Oral communications

(j) Adjournment

3.3 Report of the Finance and Infrastructure Committee

Council Member Dando, Chair

3.4 Approval of various actions related to the City's cable television services.

Recommendation: Adoption of a resolution:

(a) Approving and adopting the findings of the "Report on Cable-Related Needs and Interests and Operator Past Performance" (and the City-commissioned studies referenced in it) and the contents of the Request For Renewal Proposal ("RFRP"), including the findings therein with respect to the cable-related needs and interests of the community, and the past performance of AT&T Broadband HC of California LLC and its predecessors collectively (AT&T HC).

(b) Authorizing the issuance of the RFRP as attached to this report with a January 11, 2002 deadline for response.

(c) Authorizing the City to issue such notices as may be required to protect its interests under federal law.

(d) Confirming that the requirements and model system are the requirements and the model system that the City Council believes will help meet the needs and interests of this community.

(City Manager's Office)

* TO BE HEARD LAST

3.5 Interview and appointment of two commissioners to the San José Appeals Hearing Board.

Recommendation: Interview applicants to fill two vacancies on the San José Appeals Hearing Board; (2) four-year terms ending 12/31/2005. (City Clerk)

 

4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT

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4.1 Report of the Economic Development & Environment Committee – November 5, 2001

Council Member Williams, Chair

(a) Annual Report of the First Source Employment Program

(b) First Quarter Redevelopment Housing Report

(c) Parkland Ordinances Fee Adjustment Report

(d) Monthly Status Report on Housing Production Team Action Items

(e) Quarterly Report on Activity in the Project Development Program

(f) Quarterly Report on Housing Rehabilitation Program

(g) Quarterly Report on the Housing and Homeless Fund

(h) Monthly Report on Affordable Housing Production

(i) Reasonable Accommodation policies and process of notification

(j) Oral petitions

(k) Adjournment

* DROP - TO BE HEARD 11/20/01

4.2 Approval of various actions related to the North White Road Family Apartments.

Recommendation:

(a) Adoption of a resolution approving business terms for a construction loan of up to $9,985,000 and a permanent loan of up to $10,185,000 to JSM Enterprises, Inc., or its designated partnership, for the development of a 157-unit family housing development with 156 units affordable to low- and very low-income households and one unrestricted manager’s unit on a 3.83 acre site located on the east side of North White Road, approximately 450 feet north of McKee Road. Council District 5. (Housing)

(b) Adoption of a resolution authorizing the issuance of a single series of tax-exempt multifamily housing revenue bonds in a not-to-exceed principal amount of $16,845,000, and approving a loan of the proceeds to a limited partnership created by JSM Enterprises, Inc. for financing the construction of the North White Road Family Apartments Project including:

(1) Approving, in substantially final form, the Bonds, Trust Indenture, Loan and Financing Agreement, Regulatory Agreement, and Declaration of Restrictive Covenants, and Promissory Note.

(2) Authorizing the Director of Finance and the Acting Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

(3) Approval of an exception to the City’s Investment Policy to allow the proceeds of the Bonds to be invested in one or more investment agreements with an institution(s) whose participation in the financing will not adversely affect the expected ratings on the Bonds, as approved by the Director of Finance.

Council District 5. (Housing/Finance)

(Deferred from 10/30/01 – Item 4.4)

4.3 Public Hearing on final cancellation of land conservation contract for approximately 13 acres of property located on the southerly side of Piercy Road.

Recommendation: PUBLIC HEARING ON FINAL CANCELATION OF LAND CONSERVATION CONTRACT for property consisting of approximately 13 acres located on the southerly side of Piercy Road, approximately 1,200 feet easterly of Silver Creek Valley Road. (Mission West Properties, L.P., Owner). CEQA: Resolution No. 69699.

Contract No. 72-218 - District 2

4.4 Public Hearing on final cancellation of land conservation contract for approximately 10 acres of property located on the southerly side of Piercy Road.

Recommendation: PUBLIC HEARING ON FINAL CANCELATION OF LAND CONSERVATION CONTRACT for property consisting of approximately 10 acres located on the southerly side of Piercy Road, approximately 1,200 feet easterly of Silver Creek Valley Road. (Mission West Properties, L.P., Owner). CEQA: Resolution No. 69699.

Contract No. 78-004 - District 2

4.5 Approval of various actions related to the Almaden Senior Apartments.

Recommendation:

(a) Adoption of a resolution approving business terms for a permanent loan of up to $3,757,000 to Simpson Housing Solutions, L.L.C, or its designated partnership, for the development of the Almaden Senior Apartments, a 66-unit senior housing development affordable to low- and very low-income households on a 1.3 acre site located on the west side of Almaden Road, approximately 100 feet southerly of Willow Glen Way. Council District 6. (Housing)

(b) Adoption of a resolution:

(1) Authorizing the issuance of tax-exempt multifamily housing revenue bonds in the aggregate principal amount not to exceed $6,050,000;

(2) Approving a loan of bond proceeds to Almaden Senior Housing Partners, L.P., a California limited partnership created by Las Palmas Foundation and Simpson Housing Solutions, LLC for financing the construction of the Almaden Senior Housing Apartments located at 1735 Almaden Road;

(3) Approving in substantial form the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, the Bond Purchase Agreement and Remarketing Agreement; and;

(4) Authorizing the Director of Finance and Acting Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

Council District 6. (Finance/Housing)

 

5 RECREATION & CULTURAL SERVICES

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

Council Member Chavez, Chair

5.2 Approval of various actions for the FY 2002-03 Community Development Block Grant and Healthy Neighborhoods Venture Fund Programs.

Recommendation: Approval of proposed policies and application evaluation and rating criteria for the 2002-03 FY Community Development Block Grant and Healthy Neighborhoods Venture Fund Programs. (Parks, Recreation and Neighborhood Services)

5.3 Approval to award a contract for the Paul Moore Park Irrigation Renovation Project.

Recommendation: Report on bids and award of contract for the Paul Moore Park Irrigation Renovation Project to the low bidder, Perma Green Hydroseeding Inc., to include the base bid and Add Alternates Nos. 1-3, in the amount of $466,000, and approval of a contingency in the amount of $47,000. CEQA: Exempt. Council District 9. (Public Works)

 

6 TRANSPORTATION SERVICES

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7 ENVIRONMENTAL & UTILITY SERVICES

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8 AVIATION SERVICES

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8.1 Approval of various actions related to the Airport Improvement Program.

Recommendation:

(a) Adoption of a resolution approving a minor amendment to the Airport Master Plan to modify the description and scheduling of terminal area development projects.

(b) Approval of an ordinance amending Parts 3 and 4 of Chapter 25.04 of the San José Municipal Code as follows:

(1) Amend Section 25.04.300 0f Title 25 to make the Terminal Building square footage consistent with the square footage provided in the adopted 1997 Airport Master Plan, and to make the number of Rental Car Ready and Return Spaces consistent with the number of such spaces in the Plan, by amending the limitations set forth in 25.04.300 (B)(2) pertaining to Terminal Facilities square footage and 25.04.300 (B)(4) pertaining to Rental Car Ready and Return spaces, and expressly referring to the limits in the adopted 1997 Airport Master Plan.

(2) Amend Section 25.04.310 to incorporate the design concept of a Centralized Terminal Facility without affecting any of the prerequisites for expansion of terminal facilities.

* (3) Amend Section 25.04.350 to clarify that new terminal facilities shall only be constructed when the City has obtained and approved adequate written documentation which assures that:

(a) the funding of the costs of development, maintenance, and operation of such facilities will be paid by the users of the facilities, in accordance with standard City-established airline rates and charges methodologies, so as to continue existing City practice and policy that no City general funds are utilized for Airport development; and

(b) the written documentation conforms to Federal law and regulations pertaining to competition and to the City’s competition plan for the Airport.

(4) Amend Section 25.04.440 to clarify Council intent to obtain voter approval for amendment of the Airport Traffic Relief provisions of the Code.

(c) Direct the Administration to proceed with design studies for the centralized terminal to provide a desirable level of customer service (e.g. IATA Level of Service "B"), as well as to determine by such studies the additional security requirements for the Terminal Facility in accordance with federal regulations; to proceed with design studies for the addition of the on-Airport Automated People Mover (APM), and to report back on any needed modifications for such security requirements or the APM.

(Airport)

TO BE HEARD IN THE EVENING

 

9 PUBLIC SAFETY SERVICES

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10 JOINT COUNCIL/REDEVELOPMENT AGENCY

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· 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 filed.

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 filed.

· Open Forum—To be heard jointly with Redevelopment Agency Public Discussion. Following Open Forum, Council will recess until 7:00 p.m.

· Adjournment