SAN JOSE CITY COUNCIL
MEETING AMENDED AGENDA
September 18, 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
Mohinder Singh, Head Granthi of Sikh Gurdwara
Pledge of Allegiance
Orders of the Day
Items marked with an asterisk denote changes or additions to the previously published Agenda for this meeting.
*EVENING SESSION CANCELED.
*ADJOURNMENT
This meeting will be adjourned in honor of all of the victims, families and communities affected by the terrorist attacks.
Adjourn to Thursday, September 20, 2001, 8:00 a.m., Council Chambers, to hear Item 7.4.
1 CEREMONIAL ITEMS
1.1 Presentation of a new newsmagazine program on CivicCenter Television called "San José inFocus." (City Manager’s Office)
*RECOMMEND DEFERRAL TO 9/25/01
1.2 Presentation of a commendation recognizing Neil Parry for his personal courage and persistence in pursuit of a football career at San José State University. (Mayor)
*RECOMMEND DEFERRAL TO 9/25/01
1.3 Presentation of a commendation recognizing the San José Fire Department Emergency Medical Dispatchers for achieving the Accredited Center of Excellence Award from the National Academy of Emergency Medical Dispatch. (Fire)
*RECOMMEND DEFERRAL TO 9/25/01
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 May 22, 2001
(b) Regular meeting of May 15, 2001
(Deferred from 9/11/01 - Item 2.1 (a))
(c) General Plan meeting of May 15, 2001
(Deferred from 9/11/01 - Item 2.1(b))
2.2 Final adoption of ordinances.
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26479 – Rezones certain real property situated at the east side of North First Street, approximately 250 feet southerly of Burton Avenue (1100 North First Street). PDC 01-02-013
*(b) ORD. NO. 26472 – Amends Section 1.08.020 of Chapter 1.08 of Title 1 of the San José Municipal Code, which lists all infractions, to make technical corrections to the list of infractions.
[Deferred from 9/11/01 – Item 2.2(a)]
*(c) ORD. NO. 26476 – Amends Title 6 of the San José Municipal Code to add a new chapter relating to the activity of auto body repair shops, to establish the permit procedures and set forth operating regulations and conditions.
[Deferred from 9/11/01 – Item 2.2(b)]
2.3 Approval of various funding actions relating to the agreement between the Neighborhood Housing Services and the City to partially fund tenant improvements.
*Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments increasing the Rental Rehab Program Projects appropriation to the Housing Department by $77,685. (City Manager’s Office)
(Deferred from 9/4/01 – Item 2.5)
2.4 Approval to award the purchase of Motorola XTS3000 portable radios for the Police Department.
Recommendation: Award the sole source purchase of eighty-one Motorola XTS3000 portable radios for the Police Department to Motorola C & E Inc., for a total cost of $327,720.91, including tax and delivery, and authorization for the Director of General Services to execute the purchase order. (General Services)
*2.5 Approval of various actions related to the San José Fire Bell Replica.
Recommendation:
(a) Adoption of appropriation ordinance amendments in the General Fund in the amount of $150,000, for the San José Fire Bell Replica.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute design, fabrication, and other implementing agreements, to be installed in Plaza de Cesar Chavez.
CEQA: Exempt. Council District 3. (Conventions, Arts and Entertainment)
(Deferred from 9/11/01 – Item 2.3)
*DROP
*2.6 Approval of various actions related to the West Valley Branch Library Project.
Recommendation: Approval of the second amendment to the agreement with Rob Wellington Quigley, FAIA, for architectural services for the West Valley Branch Library Project, extending the agreement term from November 30, 2002 to March 31, 2003, amending the scope of services, and increasing compensation by $140,000, from $871,167 to $1,011,167. Council District 1. (Public Works)
(Deferred from 9/11/01 – Item 2.4)
*2.7 Approval of the extension of a cable franchise with Gill Industries, Inc.
Recommendation: Adoption of an urgency ordinance extending the cable franchise ordinance with Gill Industries, Inc. until December 31, 2001. (City Manager's Office)
(Rules Committee referral 9/12/01)
*2.8 Approval of Council Member Forrest Williams’ travel.
Recommendation: Approval of Council Member Forrest Williams’ travel to Philadelphia, PA, September 30 through October 4, 2001, to attend the American Public Transportation Association Annual Conference. Funding: Valley Transportation Authority. (Williams)
(Rules Committee referral 9/12/01)
3 STRATEGIC SUPPORT SERVICES
3.1 Report of the Study Session
Mayor Gonzales, Chair
(a) May 16, 2001 – Proposed FY 2001/02 Operating Budget
*(b) May 14, 2001 - Proposed FY 2001-02 Operating Budget
(Deferred from 9/11/01 - Item 3.1(a))
*3.2 Report of the Rules Committee - August 29, 2001
Vice Mayor Shirakawa, Jr., Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review September 11, 2001 Draft Agenda
(2) Add New Items to September 4, 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
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(h) Administrative Reviews and Approval
(1) Request by Council Member Chavez to use Council General funds to attend the Congressional Hispanic Caucus Institute 2001 Issues Conference in Washington D. C., September 24-25, 2001.
(i) Oral communications
(j) Adjournment
[Deferred from 9/11/01 – Item 3.2]
Report of the Rules Committee – September 5, 2001
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review September 18, 2001 Draft Agenda
(2) Add New Items to September 11, 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 – August 22 to August 28, 2001
(f) Boards, Commissions and Committees
(1) Authorization to allow a non-City resident to continue to serve as a member of the Housing Advisory Commission
DROP
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(h) Administrative Reviews and Approval
(1) Approve recommended City positions for League of California Cities resolutions
(i) Oral communications
(j) Adjournment
3.3 Report of the Finance and Infrastructure Committee
Council Member Dando, Chair
3.4 Consideration of the name change of Empire Branch Library.
*Recommendation: Consideration of naming the Empire Branch Library the "Joyce Ellington Library." (Chavez, Mayor)
(Deferred from 9/4/01 - Item 3.4)
3.5 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 Convention Center Capital Improvements Project with a net impact to the fund of $800,000. (City Manager’s Office)
4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee
Council Member Williams, Chair
*4.2 Approval of various actions related to the Vermont Transitional Housing Development.
Recommendation: Adoption of a resolution:
(a) Approving business terms for an acquisition and permanent loan in an amount not to exceed $651,300, and a conditional grant of up to $308,700, to Combined Addicts and Professionals Services, Inc. for the acquisition and permanent financing of two adjacent properties located at 1072 & 1082 Vermont Street for group-home transitional housing for up to 30 individuals with extremely low- and very low incomes.
(b) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.
Council District 6. (Housing)
(Deferred from 9/11/01 – Item 4.2)
*4.3 Approval of various actions related to the Reception Center Family Expansion Development.
Recommendation: Adoption of a resolution authorizing the Director of Housing to negotiate and execute business terms for a conditional grant not to exceed $1,000,000 to Emergency Housing Consortium for the development of 10 units of transitional housing affordable to extremely low-income households, to be constructed on a portion of the parking lot of the existing Reception Center, located at 2011 Little Orchard Street. Council District 7. (Housing)
(Deferred from 9/11/01 – Item 4.3)
*4.4 Public Hearing on the reorganization of McKee No. 119.
Recommendation: PUBLIC HEARING and adoption of a resolution authorizing the reorganization of territory designated as McKee No. 119, which involves the annexation to the City of San José of 3.8 acres of land, located on the east side of North White Road, approximately 450 feet northerly of McKee Road, and the detachment of the same from the Central Fire Protection District, County Library Service Area No. 1, and County Lighting Services. CEQA: Exempt. Council District 5. (Planning, Building and Code Enforcement)
(Deferred from 9/11/01 – Item 4.4)
5 RECREATION & CULTURAL SERVICES
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee
Council Member Chavez, Chair
5.2 Acceptance of the Alum Rock Park Status Report.
Recommendation: Acceptance of the Alum Rock Park Status Report. (Parks, Recreation and Neighborhood Services)
TO BE HEARD IN THE EVENING
*RECOMMEND DEFERRAL TO 10/02/01.
5.3 Approval to award a contract for Greystone Park Renovation Project.
*Recommendation: Report on bids and award of contract for Greystone Park Renovation Project to the low bidder, Jensen Corporation Landscape Contractors, for the base bid only, in the amount of $624,444, and approval of a contingency in the amount of $55,000. (Public Works)
5.4 Approval to award a contract for the Houge Park Play Area and Restroom Renovation Project.
*Recommendation: Report on bids and award of contract for the Houge Park Play Area and Restroom Renovation Project to the low bidder, Jensen Corporation Landscape Contractors, to include the base bid and Add Alternate Nos. 1 through 8, in the amount of $707,233, and approval of a contingency in the amount of $70,000. CEQA: Exempt. Council District 9. (Public Works)
6 TRANSPORTATION SERVICES
Recommendation: Adoption of a resolution authorizing the City Manager or the Director of the Department of Transportation to extend the following agreements related to the Silicon Valley – Intelligent Transportation Systems (SV-ITS) Program and grant the City Manager, or the Director of Transportation, the authority to extend the terms of the agreements as necessary:
(a) An agreement with Kimley-Horn and Associates for consultant services for the SV-ITS West Corridor Project, in an amount not to exceed $699,725, and for a term from the date of execution to April 30, 2004;
(b) A first amendment to the agreement with DKS Associates for consultant services for the Airport ATMS Project, to increase the compensation by $245,000, and extend the original term of the agreement from March 31, 2002 to December 31, 2002;
(c) SV-ITS Enhancement Construction Agreement with the County of Santa Clara, at no cost to the City, and for a term from the date of execution to June 30, 2006;
(d) SV-ITS Fremont-Milpitas Construction Agreement with the City of Milpitas, at no cost to the City, and for a term from the date of execution to September 30, 2004;
(e) SV-ITS Memorandum of Understanding (MOU) to facilitate program planning and development with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, Metropolitan Transportation Commission, California Highway Patrol, and California Department of Transportation, at no cost to the City, and for a term from the date of execution to August 1, 2005;
(f) SV-ITS Cooperation Agreement to facilitate program design and construction implementation with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, and California Department of Transportation, at no cost to the City, and for a term from the date of execution to August 1, 2005;
(g) SV-ITS Operations and Maintenance Agreement (O&M) with the County of Santa Clara, Town of Los Gatos, City of Campbell, City of Santa Clara, City of Milpitas, City of Fremont, City of Cupertino, Valley Transportation Authority, California Highway Patrol, and California Department of Transportation, at no cost to the City, and for a term from the date of execution to August 1, 2005;
(h) A Cooperation Agreement for project design and construction implementation with the City of Fremont, City of Milpitas, County of Santa Clara, and California Department of Transportation for the SV-ITS Fremont – Milpitas Project, at no cost to the City, and for a term from the date of execution to September 30, 2005;
(i) A Cooperation Agreement for project design and construction implementation with the City of Campbell, City of Cupertino, City of Santa Clara, County of Santa Clara, and California Department of Transportation for the SV-ITS West Corridor Project, at no cost to the City, and for a term from the date of execution to June 30, 2006.
(j) Authorization for the City manager to extend the terms of these agreements as necessary.
CEQA: Exempt. (Transportation)
*6.2 Acceptance of staff’s Traffic Calming status report.
Recommendation: Acceptance of staff’s Traffic Calming status report. (Transportation)
(Deferred from 9/11/01 – Item 6.1)
7 ENVIRONMENTAL & UTILITY SERVICES
7.1 Acceptance of staff’s report regarding the proposed New Development and Redevelopment Requirements of the NPDES permit and direction to staff to forward comments accordingly
*Recommendation: Acceptance of the report and authorization for the transmittal of the formal comments and a reiteration of previous comments to the Regional Water Quality Control Board related to the second draft of the proposed New Development and Redevelopment Requirements of the Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, dated August 17, 2001. (Environmental Services)
*7.2 Approval to submit the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board.
Recommendation: Authorization for the submittal of the Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board in conformance with the City’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System permit requirements, pursuant to the Federal Clean Water Act. (Environmental Services)
(Deferred from 9/4/01 – Item 7.1 and 9/11/01 – Item 7.1)
*7.3 Approval of various actions related to the San José Municipal Water System.
Recommendation:
(a) Adoption of resolutions authorizing the following with respect to completion of the Request for Proposals process for lease and/or operation of the San José Municipal Water System:
(1) Authorizing the City Attorney to negotiate and execute a continuation agreement for legal services with Hawkins, Delafield & Wood to extend the term through December 31, 2001, and to increase compensation by $115,000, to a total amount not to exceed $265,000.
(2) Authorizing the City Manager to negotiate and execute a continuation agreement for technical services with HDR Engineering, Inc. to extend the term through December 31, 2001, and to increase compensation by $40,000, to a total amount not to exceed $290,000.
(b) Adoption of the following appropriation ordinance amendments in the Water Utility Fund (Fund 515) to:
(1) Establish an appropriation in the Water Utility Fund in the amount of $155,000 for the above consultant services; and
(2) Reduce the Water Utility Fund ending fund balance by a corresponding $155,000.
(City Manager's Office)
(Deferred from 8/28/01 – Item 7.2 et al, and 9/11/01 – Item 7.2)
*7.4 Study Session on the next steps of the Recycle Plus! Program and the transition process.
*Recommendation:
(a) Acceptance of the status report on the preparations for transition to the 2002 Recycle Plus Program.
(b) Acceptance of the Integrated Waste Management Efficiency Review.
(c) Approval of the customer rate structure for the Recycle Plus Multi-Family Dwelling Bin2 Program beginning July 1, 2002.
(d) Approval of the following Recycle Plus rates for services beginning July 1, 2002:
(1) Set the rate for the new 20-gallon mini garbage cart at $12.95 per month; and,
(2) Set the optional yard trimmings cart subscription rate at $2.00 per month.
(Environmental Services)
TO BE HEARD SEPTEMBER 20, 2001, 8:00 A.M. UNDER 7.1
*7.5 Review and approval of the architectural design for the Metcalf Energy Center.
*Recommendation: Review and authorize the submission of comments on the architectural design for the Metcalf Energy Center. (Planning, Building and Code Enforcement)
(Rules Committee referral 9/12/01)
*DROP
8 AVIATION SERVICES
8.1 Approval of a request to substitute a contractor for the Interim FIS International Arrivals Facility.
*Recommendation: Adoption of a resolution approving a request from S. J. Amoroso Construction Company to substitute Architectural Glass and Aluminum in place of U. S. Glass and Aluminum as the subcontractor for the construction of the window wall system for the Interim Federal Inspection Services International Arrivals Facility at the San José International Airport. (Public Works)
*RECOMMEND DEFERRAL TO 9/25/01
*8.2 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 the customer service, due process, and labor peace standards outlined in the Request for Proposal Concession Exemplar as well as the relevant service standards outlined in the proposals submitted by Yellow Checker Cab Co., Inc. and United Taxicab Corporation for the concessions at Terminal A & C. (Airport)
(Rules Committee referral 9/12/01)
9 PUBLIC SAFETY SERVICES
10 JOINT COUNCIL/REDEVELOPMENT AGENCY
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.
11 PUBLIC HEARINGS
(To be heard by the City Council at 7:00 p.m.)
11.1 Public Hearing and approval of an ordinance modifying parking requirements.
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; amend parking exception for one-family dwellings; include provisions related to setbacks for mechanical equipment in planned development districts; modify provisions related to social service agencies and uses; corrections of typographical errors; and amendments to other titles of the Municipal Code corresponding to changes made as a result of the Zoning Code update.
Citywide
*RECOMMEND CONTINUANCE TO 10/16/01
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.
District 2
*RECOMMEND CONTINUANCE TO 10/16/01
11.3 Public Hearing on appeal of the Planning Commission’s decision to approve a Conditional Use Permit.
Recommendation: PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve a Conditional Use Permit for a project located at the northwest corner of Potrero Drive and Custer Drive, on a 0.82 gross acre site in the R-1-8 Residence Zoning District, to allow the installation of up to 6 wireless communications antennas atop an existing PG&E tower and the installation of an equipment shelter. (Pacific Gas and Electric, Owner; Verizon Wireless, Developer). CEQA: Exempt.
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval. (6-0-1)
*RECOMMEND CONTINUANCE TO 10/2/01
CP 01-03-021 - District 9
11.4 Public Hearing on planned development rezoning of Balbach Street.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Balbach Street, 200 feet westerly of Market Street, from C-3 Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 12 attached dwelling units on 0.40 gross acre. (Des Nolan, Owner/Developer.) CEQA: Resolution No. 68839. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 00-05-043- District 3
(Continued from 6/5/01 – Item 11.8 and 6/19/01 – Item 11.9)
*RECOMMEND CONTINUANCE TO 10/2/01
11.5 Public Hearing on conforming rezoning at Lincoln and Auzerais Avenues.
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the southeast corner of Lincoln and Auzerais Avenues, from HI Heavy Industrial Zoning District to IP Industrial Park Zoning District, to allow office uses on 2.02 gross acres. (Gina Bortoli Test Trust, Owner; Wellington Corporation, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.
C 01-02-026 - District 6
(Continued from 8/14/01 – Item 11.16 and 9/4/01 - Item 11.4)
*DROP
11.6 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).
PDC 00-10-109 - District 2
*RECOMMEND CONTINUANCE TO 10/16/01
Open Forum
Adjournment
This meeting will be adjourned in honor of all of the victims, families and communities affected by the terrorist attacks.
*Adjourn to Thursday, September 20, 2001, 8:00 a.m., Council Chambers, to hear item 7.4.
*Notice of City Engineer’s Pending Decision on Final Maps
Tract Location Council District Developer Lots/Units Type Proposed Decision
9364 W/s of Boynton Av 1 Abe Golpour 5 units SFDR Approve