SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
NOVEMBER
19, 2002
|
LINDA J. LE ZOTTE |
DISTRICT 1 |
|
KEN YEAGER |
DISTRICT 6 |
|
FORREST WILLIAMS |
DISTRICT 2 |
|
GEORGE SHIRAKAWA, JR. |
DISTRICT 7 |
|
CINDY CHAVEZ |
DISTRICT 3 |
RON GONZALES MAYOR |
DAVID D. CORTESE |
DISTRICT 8 |
|
CHUCK REED |
DISTRICT 4 |
|
JOHN DIQUISTO |
DISTRICT 9 |
|
NORA CAMPOS |
DISTRICT 5 |
|
PAT DANDO |
DISTRICT 10 |
To arrange an
accommodation under the Americans with Disabilities Act to participate in this
public meeting, please call 1 (408) 277-4424 or 1 (408) 998-5299 (TTY) at least
two business days before the meeting.
On occasion the
City Council may consider agenda items out of order.
· Call to Order and Roll Call
9:30 a.m. - Closed Session, Room 600, City Hall
1:30 p.m. - Regular Session, Council Chambers, City Hall
7:00 p.m. - Public Hearings, Council Chambers, City Hall
· Invocation (District 10)
Guadalupe – reading of poem
· Pledge of Allegiance
· Orders of the Day
Items marked with an asterisk denote changes or additions to the previously published Agenda for this meeting.
1.1 Presentation of a proclamation declaring December 1, 2002, as World AIDS Day in San José. (Parks, Recreation and Neighborhood Services/Disability Advisory Commission/LeZotte)
1.2 Presentation of two plaques by the Midnight Basketball Program, the first to the Mayor and City Council and the second to PRNS and San José BEST, each for their outstanding support and contributions to Midnight Basketball Program over the past seven years. (Williams)
1.3 Presentation of a commendation to the San José/Santa Clara Chapter of Midnight Basketball Program for its commitment to making a difference in the lives of the young people in our community. (Williams)
Notice to the public: There will be no separate discussion of Consent Calendar items as they
are considered to be routine by the City Council and will be adopted by one
motion. If a member of the City
Council, staff, or public requests discussion on a particular item, that item
will be removed from the Consent Calendar and considered separately.
Recommendation: Approval of City Council Minutes for:
(a) Regular meeting of May 14, 2002
(b) Joint Council/Redevelopment Agency Board meeting of May 14, 2002
(a) 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.
[Deferred from 10/15/02 – Item 2.2(b) and 10/22/02 – Item 2.2(a)]
(b) ORD. NO. 26769 – Grants a Commercial Solid Waste and Recyclables Collection Franchise to A & A Recycling.
Recommendation: Report on bids and award of contract for the Columbus Park Irrigation Renovation Project to the low bidder, DB Landscape, to include the base bid and Add Alternate No. 1 in the amount of $116,300, and approval of a contingency in the amount of $12,000. CEQA: Exempt, PP02-03-034. Council District 3. (Public Works)
(Deferred from 11/5/02 – Item 2.7)
Recommendation:
(a) Adoption of the following appropriation ordinance and funding sources resolution amendments in the following funds:
(1) Services for Redevelopment Capital Projects fund:
(a) Establish an appropriation to the Department of Public Works for the Children’s Discovery Museum Capital Improvement Project in the amount of $14,700.
(b) Establish an appropriation to the Department of Transportation for the San Pedro Square Street Tree Lighting Upgrade Project in the amount of $4,900.
(c) Increase the estimate for Earned Revenue by $19,600.
(2) Home Investment Partnership Program Fund:
(a) Establish an appropriation to the Department of Housing for the Exterior Grants for the Hensley Historic District Project in the amount of $1,000,000.
(b) Increase the estimate for Earned Revenue by $1,000,000.
(b) Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Children’s Discovery Museum Capital Improvement Project, as more specifically described in the memorandum from the Redevelopment Agency dated September 24, 2002.
Recommendation:
(c) Adoption of a resolution making certain
determinations regarding the related expenditures of Redevelopment Agency funds
on certain public improvements in connection with the Thirteenth Street
Streetscape Project, the Barberry Lane Sidewalk project, and the Replacement of
Play Equipment at Washington Elementary School project, as approved by Council
and more specifically described in the memoranda from the Redevelopment Agency
that were attached to the October 8, 2002 Council Agenda Item 2.3.
CEQA: Exempt, PP02-10-310. Council District 3. (City Manager’s Office)
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #14, and authorization for the Director of General Services to execute the purchase orders. CEQA: Not a Project. (General Services)
Recommendation: Adoption of a resolution determining that
public use and necessity requires the acquisition of a portion of a certain
property owned by Charles Frank Perrotta and the successors to Frank and
Virginia Perrotta, Trustees of the Frank and Virginia Perrotta 1988 Family
Trust, located at 33 Lewis Road, and directing the filing of eminent domain
action. CEQA: Exempt, PP 02-11-322. Council District 7. (Public Works)
* DROP
* Recommendation: Adoption of a resolution authorizing the City Manager to accept a donation of a 1,319 square foot portion of a property at the northeast corner of King Road and Barberry Lane owned by the Santa Clara Valley Water District. CEQA: Exempt, PP 02-11-323. Council District 8. SNI: West Evergreen. (Public Works)
* Recommendation: Report on bids and award of contract for the Leininger Trailer Installation Project to the low bidder, ESR Construction, in the amount of $228,100, and approval of a contingency in the amount of $11,405. CEQA: Exempt, PP 02-07-195. (Public Works)
* Recommendation: Approval of a five-year property use agreement with one five-year option, with Cingular Wireless, allowing for construction, installation, maintenance, and operation of a telecommunications facility at the San José Municipal Golf Course, and the approval of a Right of Entry/Revenue Sharing agreement with Cingular Wireless and Mike Rawister Golf Shop for the equal sharing of the revenue generated by this installation between the City and Rawitser Golf. CEQA: Exempt, CP02-024. Council District 4. (Public Works)
(Rules Committee referral 11/13/02)
Mayor Gonzales,
Chair
(a) FY 2002-2003 Capital and 2003-2007 CIP Budget session of May 13, 2002
(b) FY 2002-2003 Capital and 2003-2007 CIP Budget session of May 15, 2002
Vice Mayor
Shirakawa, Jr., Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review November 19, 2002 Draft Agenda
(2) Add New Items to November 12, 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
(i) Oral communications
(j) Adjournment
Council Member
Dando, Chair
* Recommendation:
(a) (1) 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.
(2) 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 3.2(h)(1)]
(Deferred from 10/15/02 – Item 3.6 and 10/29/02 – Item 3.4)
(b) (1) Approve the report on the status of negotiations with the Santa Clara Valley Water District;
(2) Direct staff to present for approval a list of the proposed Collaborative Action Plan and Agreement (CAP) for the development and operation of joint trail-related projects at its December 3, 2002 Council meeting; and
(3) Direct staff to continue negotiations with the District to prepare a final agreement to be executed on January 22, 2003 at the annual joint meeting between the City Council and the Water District Board.
CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
Recommendation: Appointment of members to the Joint Council/Water District Ad Hoc Subcommittee on Trails. (Mayor)
(Deferred from 10/15/02 – Item 3.7 and 10/29/02 – Item 3.5)
Council Member
Williams, Chair
(a) First Quarter Redevelopment Housing Report
(b) Annual Report on the Parkland Dedication and Park Impact Ordinances
(c) Quarterly Report on the Affordable Housing Production
(d) Quarterly Status Report on Housing Production Team Action Items
(e) Quarterly Report on Housing Rehabilitation Program
(f) First Quarter Report on the Housing and Homeless Fund
(g) Quarterly Report Detailing Activity in the Housing Department’s Rental Dispute Program
(h) Workforce Investment Act Program First Quarter Report FY 2002-03
(i) Street Tree Pruning and Replacement Process
(j) Oral petitions
(k) Adjournment
Recommendation: Adoption of a resolution
approving the proposed update to the City
Council Land Use Policy for Wireless Communications Facilities. (Planning, Building and Code Enforcement)
[Economic Development and Environment Committee referral
10/7/02 – Item 4.1(c)]
(Deferred from 10/22/02 – Item 4.2 and 11/5/02 – Item 4.3)
CEQA: General Plan 2020 Resolution No. 65459.
* DROP
Recommendation: Adoption of a resolution:
(a) Authorizing the Director of Housing to negotiate and execute an agreement for the purchase of a 9.17-acre parcel located on the east side of Flickinger Avenue south of Hostetter Road, for $17,635,000, from the Berryessa Union School District for the development of affordable housing.
(b) Authorizing the City Manager to enter into an option agreement with SummerHill Homes for the purchase of a portion of the property for development of a for-sale housing project.
(c) Findings that the use of redevelopment funds for the purchase of the property is of benefit to the Redevelopment Project Areas in San José.
CEQA: Exempt, PP02-10-314. Council District 4. (Housing)
* DROP
Recommendation: Adoption of a resolution approving a predevelopment loan of up to $2,404,750 to Cinnabar Commons, a California Limited Partnership, or an affiliated entity, for the development of the 245-unit Cinnabar Commons family rental development located at the westerly side of Stockton Avenue between Cinnabar Street and Lenzen Avenue. CEQA: Resolution No. 71174, PDCSH 01-03-038. Council District 6. (Housing)
Recommendation: Adoption of a resolution:
(a) Approving a conditional grant in an amount not to exceed $382,500 to Housing for Independent People (HIP) for the acquisition, rehabilitation, and permanent financing of a six-unit building located at 1059 Roewill Drive, to be made affordable to extremely low-income households; and
(b) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.
CEQA: Exempt, PP 02-10-305. Council District 1. SNI: Blackford. (Housing)
(a) Up to $30,000 to the Homeless Care Force to increase the amount of food gathered, prepared, and served by its program.
(b) Up to $9,000 to St. Vincent de Paul Society to increase the amount of hotel/motel vouchers for the Homeless Families Housing Assistance Program.
(c) Up to $30,000 to Sacred Heart Community Services to provide rental assistance for the Housing Assistance Program.
(d) Up to $25,000 to the Community Technology Alliance/Housing for Independent People to expand the HousingSCC website, an innovative and unique searchable database of subsidized housing in San José and Santa Clara County.
(e) Up to $20,000 to Loaves & Fishes Family Kitchen to expand the hours of the Community Resource Specialist and for the purchase of food for its program.
(f) Up to $5,000 to the Community Technology Alliance to expand the HelpSCC website, an innovative and unique searchable database of all the health and human services in Santa Clara and Santa Cruz Counties.
(g) Up to $20,000 to the Next Door Solutions to Domestic Violence for personnel for its Shelter Next Door.
(h) Up to $30,000 to Bill Wilson Center for personnel for the downtown Drop-In Center.
(i) Up to $31,000 to Concern for the Poor to provide a variety of services for its Moving Home Program.
(j) Up to $25,000 to InnVision for personnel to implement a new pilot program to assist 15 homeless families in becoming self-sufficient.
(k) Up to $25,000 to Catholic Charities for partial funding to implement a new program designed to assist 15 homeless families in becoming self-sufficient.
(l) Up to $25,000 to the San José Cathedral Foundation to provide assistance to homeless families and children in moving out of homelessness to independent living.
(m) Up to $25,000 to Unity Care for personnel for its Transitional Housing Program for homeless young adults aged 18-24.
CEQA: Not a Project. (Housing)
* Recommendation: Approval of an amendment to the purchase agreement approved by Council on October 8, 2002, to extend the escrow period with Valentino S. Mazzurca for the purchase of property located at the easterly corner of Floyd and Locust Streets in the amount of $675,000, and authorization for the City Clerk to execute additional documents necessary to complete the transaction. CEQA: Exempt, PP01-04-088. Council District 3. SNI: Washington. (Public Works)
(Rules Committee referral 11/13/02)
Council Member
Chavez, Chair
* Recommendation: Approval to continue the discount parking rate program for seniors, veterans, and persons with disabilities at four regional parks for one additional year. CEQA: Not a project. (Parks, Recreation and Neighborhood Services)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to the “Operation and Maintenance Agreement between the City of San José and the Mexican Heritage Corporation for the Mexican Heritage Plaza” granting the Director of Conventions, Arts and Entertainment authority to:
(a) Make an advance payment equal to $178,443.75 that comprises five months of operation and maintenance support and a final payment for this fiscal year on January 3, 2003, for two months support in the amount of $71,377.50;
(b) Defer for two years the requirement that Mexican Heritage Corporation contribute to a cash flow “Reserve” account, with the obligation commencing June 30, 2002.
CEQA: Not a Project. (Conventions, Arts and Entertainment)
(Rules Committee referral 11/13/02)
Recommendation:
(a) Adoption of a resolution setting fees for Tow Services Agreements effective April 1, 2003;
(b) Approval of establishment of eight tow zones modified along Police patrol district lines; and,
(c) Approval of the dispatching of tow requests by Police Communications effective April 1, 2003.
(Planning, Building and Code Enforcement)
CEQA: Not a Project.
* RECOMMEND DEFERRAL
TO 11/26/02
Recommendation: Report back to Council on the Army Corps permitting process.
(Public Works/Parks, Recreation and Neighborhood Services)
(Council referral 10/22/02 – Item 2.10)
* Recommendation: Adoption of a resolution:
(a) Accepting the easements granted by Coyote Valley Research Park, LLC for the construction of an emergency access road, a sanitary sewer pipeline, and a potable water pipeline for Metcalf Energy Center.
(b) Approving the second amendment to the Cooperation Agreement with Metcalf Energy Center to update the Agreement with respect to the improvements to be constructed within the above easements.
Council District 2. (Public Works)
(Rules Committee referral 11/13/02)
Recommendation:
(a) Hold a TEFRA (Tax Equity and Fiscal Responsibility Act) hearing for the issuance of the City of San José Airport Revenue Refunding Bonds, non-AMT Series 2002A in an amount not to exceed $60,000,000, for the purpose of refunding the City of San José Airport Revenue Bonds, Series of 1992, in the original principal amount of $82,470,000.
(b) Adoption of the Thirteenth Supplemental Resolution of the City Council:
(1) Authorizing the issuance of City of San José Airport Revenue Refunding Bonds, non-AMT Series 2002A (the “2002A Bonds”) and AMT Series 2002B (the “2002B Bonds”) (collectively, the “2002 Refunding Bonds”) in the not-to-exceed aggregate principal amount of $110,000,000, to be sold through a negotiated sale.
(2) Authorizing and directing the execution of certain financing documents, including the Second Supplemental Trust Agreement and other related documents, authorizing the negotiation of the sale of bonds and the execution of the Bond Purchase Agreement, approving the Preliminary Official Statement, approving certain technical amendments to the Master Trust Agreement, and authorizing and directing certain related actions in connection with the issuance of the 2002 Refunding Bonds.
(3) Authorizing the City Manager to negotiate and execute an agreement with Fullerton & Friar, Inc. and Public Resources Advisory Group for financial advisory services related to the issuance of the 2002 Refunding Bonds in an amount not to exceed $130,000.
(4) Authorizing the City Attorney to negotiate and execute an agreement with Orrick, Herrington & Sutcliffe LLP for bond counsel and disclosure counsel services related to the issuance of the 2002 Refunding Bonds in an amount not to exceed $150,000.
CEQA: Not a Project, PP 02-10-313.
(Finance/Airport)
Recommendation: Approval of the second amendment to the agreement with Kimley-Horn and Associates, Inc. for the Norman Y. Mineta San José International Airport - Runway 30 Left Reconstruction Project, increasing the compensation by $1,190,000, from $4,150,000 to $5,340,000, and extending the term of the agreement from December 31, 2002 to June 30, 2004. CEQA: Resolution No. 67380, PP 02-10-301. (Public Works)
· Closed Session Report
· Notice of City Engineer’s Pending Decision on Final Maps
· Open Forum—To be heard jointly with Redevelopment Agency Public Discussion. Following Open Forum, Council will recess until 7:00 p.m.
(To be heard by the City Council at 7:00 p.m.)
Recommendation: PUBLIC HEARING ON APPROVAL OF A SINGLE FAMILY HOUSE PERMIT to construct a 1,602 first and second floor addition to an existing single-family residence resulting in a maximum height of greater than 30 feet (32.5) on a 0.17 gross acre site located at 619 Chapman Street in the R-1-8 Residential Zoning District. (James and Caroline Owens, Owner/Developer). CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend denial (6-1-0).
(Continued from 11/5/02 – Item 11.1)
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., et al., and 10/29/02 – Item 4.2)
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. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
(Continued from 10/15/02 – Item 11.4 and 11/5/02 – Item 11.2)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Payne Avenue and Southwood Avenue, from R-1-5 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 15 single family detached residential units on 1.5 gross acres. (Columbo Trust, Owner; Riding Group, Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
(Continued from 11/5/02 – Item 11.3)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on 1) block bounded by Hillsdale, Meridian, Foxworthy, and Yucca Avenues and 2) the area located on the west side of Meridian Avenue opposite Koch Lane (Hacienda Gardens Shopping Centers), from CP Commercial to A(PD) Planned Development Zoning District, to allow up to 179,000 square feet of retail commercial uses and up to 299 multi-family attached residential units on approximately 20.6 gross acres. (Garrett Bajkovich, Owner, Hacienda Gardens, LLC, Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval with conditions (6-1-0).
(Continued from 11/5/02 – Item 11.4)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of North White Road, approximately 670 feet southerly of McKee Road, from R-2 Multiple Residence Zoning District to A(PD) Planned Development Zoning District, to allow 12 single family attached residences on 0.62 gross acres. (T.S. Civil Engineering, Mike Miroyan, and Paul and Mary Santina, Owners; Mike Miroyan, Developer). CEQA: Mitigated Negative Declaration.
(Continued from 11/5/02 – Item 11.5)
* Director of Planning, Building and Code Enforcement
and Planning Commission recommend approval (7-0-0).
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the south side of Umbarger Road, approximately 100 feet easterly of Aiello Drive, from IP Industrial Park Zoning District to LI Light Industrial Zoning District, to allow light industrial uses on 2.5 gross acres. (Augustine Machado, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 02-055 - District 7
(Continued from 11/5/02 – Item 11.6)
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the east side of South First Street approximately 210 feet north of East Virginia Street, from A(PD) Planned Development Zoning District and LI Light Industrial Districts to CN Neighborhood Commercial District to allow commercial uses on 0.59 gross acres. (Vasanti and Viren Patel, Owner/Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 02-070 - District 3
(Continued from 11/5/02 – Item 11.7)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeasterly corner of Monterey Highway and Branham Lane, from R-1-8 (CL) Residence Zoning District to A(PD) Planned Development Zoning District, to allow the construction of up to 175 affordable, attached residential units and associated improvements on 5.05 gross acres. (City of San José, Owner; JSM Enterprises, Inc., Developer). CEQA: Draft Negative Declaration.
* Director of Planning, Building and Code Enforcement
and Planning Commission recommend approval (7-0-0).
· 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:
|
Tract |
Location |
Council District |
Developer |
Lots/ Units |
Type |
Proposed Decision |
|
9447 |
E/s of Narvaez Ave., 190 feet n/o Amanda Drive |
10 |
DKB Homes Diversified |
5 lots |
SFDR |
Approve |
|
9456 |
S/s of Foxworthy Ave at Robino Drive |
9 |
SummerHill Homes |
83 units |
Detached Townhomes |
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:
· Open Forum
· Adjournment