SAN JOSE CITY COUNCIL

MEETING AMENDED AGENDA

November 20, 2001

 

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.

 

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

See Separate Agenda

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

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

Randol Elementary School

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

 

* This meeting will be adjourned in memory of Sandy Sundsbarm, Stanford Hospital nurse and resident of Evergreen.

* See New Item 1.1, Presentation of a commendation to Westfield Shoppingtown.

 

1 CEREMONIAL ITEMS

* 1.1 Presentation of a commendation to Westfield Shoppingtown. (Dando, Yeager)

(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. 26508 – Repeals Section 14.25.500 of Chapter 14.25 of Title 14 of the San José Municipal Code and repealing Section 19.38.500 of Chapter 19.38 of Title 19 to eliminate the Downtown Core Area exemption.

(b) ORD. NO. 26509 – Rezones certain real property situated at the east side of South Cypress Avenue, approximately 140 feet northerly of Adra Avenue (412 South Cypress Avenue). PDC 99-06-052

(c) ORD. NO. 26510 – Rezones certain real property situated at the southwest corner of South King Road and Virginia Place. PDC 00-09-085

(d) ORD. NO. 26511 – Rezones certain real property situated at the west side of Avalani Avenue, at the westerly terminus of Luby Drive. PDC 01-03-042

(e) ORD. NO. 26512 – Rezones certain real property situated at the east side of South Cypress Avenue, approximately 300 feet northerly of Adra Avenue (402 South Cypress Avenue). PDC 01-04-057

(f) ORD. NO. 26513 – Rezones certain real property situated on the west side of North First Street, both sides of Component Drive. PDC 01-08-083

2.3 Approval of various fiscal actions for Redevelopment Agency Capital Projects.

* Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Monterey/South First Street Tree Planting Project, the Repertory Theatre Modification Project, and the Union and Foxworthy Avenues Improvement Project, with a net impact to the fund of $144,000, and adoption of a resolution making certain determinations regarding the related expenditure of Redevelopment Agency funds for the Union/Foxworthy project and the Monterey/South First Street project. (Public Works/City Manager’s Office)

2.4 Approval of fiscal actions for the State Drug Forfeiture Fund.

* Recommendation: Adoption of amendments to the annual appropriation ordinance and funding sources resolution in the State Drug Forfeiture Fund in the amount of $175,000. (Police/City Manager’s Office)

2.5 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 #13, and authorization for the Director of General Services to execute the purchase orders. (General Services)

2.6 Approval of the City’s interest in the acquisition of all or a portion of the surplus East Side Union High School District property.

Recommendation: Adoption of a resolution indicating the City’s interest in the acquisition of all or a portion of the surplus East Side Union High School District property, presently housing the District Office facility, located on the east side of Capitol Avenue, between Mabury Road and Penitencia Creek Road, and amending Table I of the City’s School Site Reuse Plan to reflect this interest. CEQA: Exempt. Council District 4. (Planning, Building and Code Enforcement)

2.7 Approval to initiate proceedings for the reorganization of territory designated as Parker No. 23.

Recommendation: Adoption of a resolution initiating proceedings and setting December 4, 2001 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Parker No. 23 which involves the annexation to the City of San José of 1.24 gross acres, located at the south side of Woodard Avenue, approximately 110 feet easterly of Starview Drive, and the detachment of the same from the Central Fire Protection District and West Valley Sanitation District. CEQA: Resolution No. 65459. Council District 9. (Planning, Building and Code Enforcement)

* 2.8 Approval to initiate proceedings for the reorganization of territory designated as Burbank No. 35.

Recommendation: Adoption of a resolution initiating proceedings and setting December 18, 2001 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Burbank No. 35 which involves the annexation to the City of San José of 0.13 acre of land, located on the east side of North Bascom Avenue, approximately 90 feet north of Olive Avenue and generally bounded by the City of San José Annexation #762 – Sunol No. 14, the City of San José Annexation #678 – Cory No. 6, and the City of San José Annexation #238 – Burbank No. 6-A, and the detachment of the same from the appropriate special districts including: Central Fire Protection District, County Library Service Area, and County Lighting Service. CEQA: Exempt. Council District 6. (Planning, Building and Code Enforcement)

* 2.9 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 11/13/01 – Item 2.15)

RECOMMEND DEFERRAL TO 12/4/01

 

3 STRATEGIC SUPPORT SERVICES

3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – November 7, 2001

Vice Mayor Shirakawa, Jr., Chair

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

(b) City Council

(1) Review November 20, 2001 Draft Agenda

(a) Additions

(2) Add New Items to November 13, 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

(f) Boards, Commissions and Committees

(1) Advisory Commission on Rents

(2) Airport Commission

(3) Child Care Commission

(4) CDBG Steering Committee

(5) Disability Advisory Commission

(6) Disadvantaged Business Development Commission

(7) Housing Advisory Commission

(8) Human Rights Commission

(9) Mobile Home Advisory Commission

(10) Senior Citizens Commission

(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 Adoption of a resolution of support for the "Draft Compact for a Sustainable Bay Area."

Recommendation: Adoption of a resolution of support for the "Draft Compact for a Sustainable Bay Area sponsored by the Bay Area Council regarding smart growth. (Mayor)

(Rules Committee referral 11/14/01)

 

4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT

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

* SEE ITEM 4.4 FOR COUNCIL ACTION TO BE TAKEN

(j) Oral petitions

(k) Adjournment

4.2 Approval of grants from the Mayor’s Homeless Families and Children’s Initiative Fund.

Recommendation: Adoption of a resolution approving the following grants from the Mayor’s Homeless Families and Children’s Initiative Fund and authorizing the Director of Housing to negotiate and execute agreements with the grant recipients:

(a) Up to $16,350 to Community Technology Alliance (CTA) for the purpose of implementing Phase I of the HMIS system.

(b) Up to $43,250 to Concern for the Poor for the purpose of expanding services in the Moving Home Program at the San José Family Shelter.

(c) Up to $51,200 to the Emergency Housing Consortium (EHS) to provide new, intensive, daily individualized supportive services to homeless families at the SAFE Center.

(d) Up to $15,000 to InnVision to provide direct assistance to the women and children served at the Georgia Travis Center.

(e) Up to $15,000 to Loaves and Fishes for hotel/motel vouchers for homeless families.

(f) Up to $50,000 to Sacred Heart Community Service to increase staffing in the Housing Assistance Program and provide rental assistance.

(g) Up to $15,000 to St. Vincent de Paul Society for hotel/motel vouchers for homeless families.

(h) Up to $29,200 to San José First to expand outreach services and provide direct assistance to homeless families.

(i) Up to $40,000 to Unity Care Group to provide staffing of transitional housing for youth aging out of foster care.

(j) Up to $25,000 to Volunteers of America Bay Area to provide expanded hours at Brandon House, a shelter for women and children in San José.

(Housing)

4.3 Approval of Strong Neighborhoods Improvement Plans.

* Recommendation:

(a) Acceptance of the Winchester Strong Neighborhoods Improvement Plan. CEQA: Resolution No. 65459.

(b) Acceptance of the West Evergreen Strong Neighborhoods Improvement Plan. CEQA: Resolution No. 65459. Council Districts 1, 6, 7, and 8. (Planning, Building and Code Enforcement/Parks, Recreation and Neighborhood Services)

TO BE HEARD IN THE EVENING

* 4.4 Discussion of reasonable accommodation policies and process of notification.

Recommendation: Staff presentation and discussion of reasonable accommodation policies and process of notification.

[Economic Development & Environment Committee referral – Item 4.1(i)]

RECOMMEND DEFERRAL TO 12/04/01

 

5 RECREATION & CULTURAL SERVICES

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

Council Member Chavez, Chair

5.2 Approval of various actions related to the 4th Quarter Status Report on CDBG projects.

Recommendation:

(a) Acceptance of the fourth quarter report summarizing the status of Community Development Block Grant (CDBG) projects, recommending corrective actions, and acknowledging the return of funds to the CDBG reserve.

(b) Extension of the funding term for six months from June 30, 2001 to December 31, 2001, for the following projects:

(1) G06 Alleyways in San Jose - Department of Public Works.

(2) G32 University Neighborhoods Alley Reconstruction - Department of Planning, Building, and Code Enforcement.

(Parks, Recreation and Neighborhood Services)

* 5.3 Approval of actions related to the Community Action and Pride Grant Program.

Recommendation:

(a) Approval of reallocation of currently budgeted funds in the amount of $506,000 from Neighborhood Revitalization Strategy to the Community Action and Pride Grant Program for a one time "Special Emphasis" grant targeting the Strong Neighborhoods Initiative areas.

(b) Authorization for the Director of Parks, Recreation and Neighborhood Services to negotiate and execute an amendment to the agreement with Community Foundation Silicon Valley for the CAP grant program to add funds in the amount not to exceed $170,000.

(Parks, Recreation and Neighborhood Services)

(Rules Committee referral 11/14/01)

 

6 TRANSPORTATION SERVICES

 

7 ENVIRONMENTAL & UTILITY SERVICES

7.1 Approval of the re-appointment of the Business/Industrial representative to The Silicon Valley Pollution Prevention Center’s Board of Directors.

Recommendation: Approval of the re-appointment of Margaret V. Bruce, Environmental Programs Director of the Silicon Valley Manufacturing Group to the Board of Directors of The Silicon Valley Pollution Prevention Center as the Business/Industrial Representative for a term from January 1, 2002 through December 2004. (Environmental Services)

 

8 AVIATION SERVICES

 

9 PUBLIC SAFETY SERVICES

9.1 Acceptance of the report related to the impact of cardroom gambling on crime in the City of San José.

Recommendation: Acceptance of the report related to the impact of cardroom gambling on crime in the City of San José for the period July 1, 2000 to June 30, 2001. (Police)

 

10 JOINT COUNCIL/REDEVELOPMENT AGENCY

 

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

9361

 Mission Street & 8th Street   3 Regis Homes 1 Lot/ 53 Units Multi-Family 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:

None filed.

 

11 PUBLIC HEARINGS

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

11.1 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

(Continued from 10/16/01 – Item 11.6 and 11/6/01 – Item 11.1)

* RECOMMEND CONTINUANCE TO 12/4/01

11.2 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

(Continued from 10/16/01 – Item 11.7 and 11/6/01 – Item 11.2)

DROP

11.3 Public Hearing on planned development rezoning at Coastland Avenue.

* Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Coastland Avenue, approximately 80 feet south of Lincoln Court (2166 Coastland Avenue), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to five single-family detached residential units on 1.02 gross acres. (Mike Chen, Coastland Villa LLC, Owner/Developer). CEQA: Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDC 00-12-127 - District 6

(Continued from 11/6/01 – Item 11.5)

* RECOMMEND CONTINUANCE TO 12/4/01

11.4 Public Hearing on planned development rezoning of Jackson and North 7th Street.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Jackson Street and North 7th Street, from the LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow 166 single-family attached dwelling units on 8.2 gross acres. (Mariani Packing Partners, Owner; Pulte Home Corporation, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 01-03-049 - District 3

(Continued from 11/6/01 – Item 11.8)

11.5 Public Hearing on conventional rezoning at 2108 and 2116 North First Street.

* Recommendation: PUBLIC HEARING ON CONVENTIONAL REZONING of the property located at the east side of North First Street, approximately 500 feet northerly of Brokaw Road (2108 and 2116 North First Street), from LI-Light Industrial Zoning District to CG-Commercial General Zoning District, to allow commercial uses on 4 gross acres. (Arthur B. and Anne W. Penniman and Leo W. Pursley, et al., Owner; Piercy Toyota, Developer). CEQA: Resolution No. 65459.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

C 00-11-111 - District 4

11.6 Public Hearing on planned development rezoning at Capitol Expressway and Vista Park Drive.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Capitol Expressway and Vista Park Drive, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 355 single-family and multi-family attached residential units on 15 gross acres. (Capitol Vista Oaks LP, Owner; Pinn Brothers Fine Homes, Developer). CEQA: Mitigated Negative Declaration.

PDC 01-02-028 - District 7

* RECOMMEND CONTINUANCE TO 12/4/01

11.7 Public Hearing on conforming rezoning at Zanker Road and Tasman Drive.

* Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of Zanker Road, approximately 600 feet southerly of Tasman Drive, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow an addition of 300 multi-family residential attached units on 61.9 gross acres. (Irvine Apartment Communities, Owner/Developer). CEQA: Resolution No. 68667. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.

PDC 01-04-053 - District 4