SAN JOSE CITY COUNCIL
MEETING AMENDED AGENDA
September 4, 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 8)
*Monsignor John Sandersfeld, Pastor of St. Francis of Assisi Catholic Church
Pledge of Allegiance
Orders of the Day
Items marked with an asterisk denote changes or additions to the previously published Agenda for this meeting.
*ADJOURNMENT: This meeting will be adjourned in memory of Leonard J. "Jim" Hartman, retired Fireman with the San José Fire Department for 24 years; and in memory of Betty Pate Manley, retired Director of the Foster Grandparents Program, volunteer at History San José, and teacher of ESL classes at Sacred Heart Community Services.
1 CEREMONIAL ITEMS
1.1 Presentation of commendation recognizing the Falun Gong practioners. (Human Rights Commission/Reed)
*RENUMBERED FROM ITEM 3.5
2 CONSENT CALENDAR
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.Notice to the public:
2.1 Approval of Minutes.
2.2 Final adoption of ordinances.
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26467 – Rezones certain real property situated at the north side of East William Street, 65 feet easterly of Brookwood Terrace. PDC 00-07-057
(b) ORD. NO. 26468 - Rezones certain real property situated at the terminus of Kentucky Place. PDC 00-12-129
(c) ORD. NO. 26469 - Rezones certain real property situated on the south side of Madden Avenue at the terminus of Interstate 680. PDC 01-01-004
(d) ORD. NO. 26470 - Rezones certain real property situated at the west side of Monterey Road approximately 100 feet easterly of Stauffer Boulevard. PDC 00-10-108
(e) ORD. NO. 26471 – Prezones certain real property situated on the south side of Woodard Road approximately 110 feet easterly of Starview Drive. C 01-03-034
2.3 Approval to increase compensation for legal services.
Recommendation: Adoption of a resolution authorizing the City Attorney to execute the second amendment to the legal services agreement with McCutchen Doyle Brown & Enersen to increase the compensation by $200,000, for a total amount not to exceed $525,000. (Boards of Administration for the Police & Fire Department Retirement Plan and Federated City Employees’ Retirement System)
2.4 Approval of City Manager’s travel.
Recommendation: Approval of City Manager Del Borgsdorf’s travel to Salt Lake City, Utah, from September 22-26, 2001, for the ICMA’s 87th Annual Conference, to participate in a panel entitled "Show Me the Money: Fiscal Impacts of Smart Growth." (City Manager’s Office)
2.5 Approval of various funding actions relating to Housing loans, grants and sites acquisition.
Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments increasing the Housing loans, grants, and sites acquisition appropriation to the Housing Department by $77,685. (City Manager’s Office)
*RECOMMEND DEFERRAL TO 9/18/01.
2.6 Approval of an agreement for a work of art for the Fourth and San Fernando Street Garage.
*Recommendation: Approval of an agreement authorizing the City Manager to negotiate and execute an agreement with artist Cork Marcheschi to fabricate and install a work of art for the Fourth and San Fernando Street Garage, in an amount not to exceed $378,500. CEQA: Resolution No. 58839. Council District 3. (Conventions, Arts and Entertainment)
2.7 Approval to extend the term and expand the geographic territory of the Cool Roofs Project.
Recommendation: Approval of a first amendment to an agreement with Pacific Gas and Electric Company for implementation of a financial incentive program to encourage the installation of energy efficient roofs in nonresidential buildings, extending the term of the program to March 31, 2002, and expanding the geographic territory of the program from the City of San José to all of Santa Clara County, at no cost to the City. (Environmental Services)
2.8 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 #6, and authorization for the Director of General Services to execute the purchase orders. (General Services)
2.9 Approval to purchase additional light fixtures for the Airport parking garage.
Recommendation: Approval of an option to purchase 565 additional light fixtures from Electrical Distributors at the same bid price at a total cost of $148,888.80, including tax, and authorization for the Director of General Services to execute a purchase order. (General Services)
2.10 Approval of an audit of the City Auditor’s Office.
Recommendation: Adoption of a resolution authorizing the City Clerk to execute an agreement for the services of Jim Williamson, Assistant City Auditor of Oklahoma City, to conduct a performance audit of the City Auditor’s Office for 1999-00 and 2000-01, in an amount not to exceed $8,000, pursuant to the peer review guidelines of National Association of Local Government Auditors (NALGA). (Mayor)
2.11 Approval of a lease agreement for office space for the Parks, Recreation and Neighborhood Services Department’s Office on Aging.
*Recommendation: Approval of a four-year lease agreement with J.R. Realty #1 and Bascom Equity Partners, LLC for 2,116 square feet of office space on the the second floor of their building located at 1190 S. Bascom Avenue for the Parks, Recreation and Neighborhood Services Department’s Office on Aging, at a rental rate of $3,385.60 per month for the first year of the lease. (Public Works)
2.12 Approval of a lease agreement for office space for the Transportation Department.
Recommendation: Approval of a four-year lease agreement with Cornerstone Properties, LLC for 4,212 square feet of office space on the twelfth floor of their building located at 4 North Second Street for the Department of Transportation at a rental rate of $14,742 per month for the first year of the lease. (Public Works)
*2.13 Appointment to the Downtown Parking Board.
Recommendation: Approval of an appointment to the Downtown Parking Board. (Mayor)
(Rules Committee referral 8/29/01)
3 STRATEGIC SUPPORT SERVICES
3.1 Report of the Study Session
Mayor Gonzales, Chair
3.2 Report of the Rules Committee – August 22, 2001
Vice Mayor Shirakawa, Jr., Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review September 4, 2001 Draft Agenda
(2) Add New Items to August 28, 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 1-14, 2001
(f) Boards, Commissions and Committees
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee
(1) Referral to Administration for a workload assessment on developing a Construction Impact Mitigation Plan
(h) Administrative Reviews and Approval
(i) Oral communications
(j) Adjournment
3.3 Report of the Finance and Infrastructure Committee – August 22, 2001
Council Member Dando, Chair
(a) Consent Items
(1) Monthly Investment Report for May 2001
(2) Monthly Investment Report for June 2001
(3) June Monthly Report
(b) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending March 31, 2001
(c) Unfunded Projects Appropriation Report
(d) Monthly Financial Statement for July
(e) Capital Cost Report for July
(f) Cash Flow Projection
(g) Oral petitions
(h) Adjournment
*3.4 Consideration of the name change of Empire Branch Library.
Recommendation: Consideration of the Library Commission recommendation regarding the proposed renaming of the Empire Branch Library. (Chavez, Mayor)
*RECOMMEND DEFERRAL TO 9/18/01.
3.5 Adoption of a resolution in support of the human rights of the practitioners of Falun Gong.
Recommendation: Adoption of a resolution in support of the human rights of the practitioners of Falun Gong. (Human Rights Commission/Reed)
*RENUMBERED TO ITEM 1.1
*3.6 Renaming of San José International Airport to honor Norm Mineta.
Recommendation: Approval of direction to staff to take the necessary actions, including review by the Airport Commission, to rename San José International Airport to the Norman Y. Mineta San José International Airport. (Mayor)
(Rules Committee referral 8/29/01)
4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.1 Report of the Economic Development & Environment Committee
Council Member Williams, Chair
4.2 Approval to amend the Administrative Citation Schedule of Fines.
Recommendation: Adoption of a resolution to amend the Administrative Citation Schedule of Fines to incorporate new and/or progressive fines for various sections of the Municipal Code as follows:
(a) Window Tinting at Beverage Service businesses – Ordinance No. 26133.
(1) Establish a graduated schedule of $250, $500, and $1000 for each occurrence of non-compliance with either Section 6.82.110 (Compliance with Chapter) or Section 6.82.120 (Window Tint Specifications – visibility into establishment).
(b) Abandoned Cart Prevention – Ordinance No. 26292.
(1) Establish a fee of $50 for each occurrence of non-compliance with Section 9.60.300 (Cart Abandonment Prohibited); and
(2) Establish a graduated schedule of $50, $100, and $250 for each occurrence of non-compliance with either Section 9/60.320 (Unauthorized removal prohibited) or Section 9.60.330 (Compliance with Prevention Plan).
(c) Amendment to Blight Code – Ordinance No. 26443.
(1) Establish a graduated schedule of $250, $500, and $1,000 for each occurrence of non-compliance with either Section 17.72.015 (Prohibition of Blighted Property) or Section 17.72.020 Enforcement (Compliance with Chapter).
(d) Zoning Ordinance – Ordinance No. 26248.
(1) Establish a fine of $50 for each occurrence of non-compliance with Section 20.30.430 (Front Set Back – parking and Storage).
(Planning, Building and Code Enforcement)
*4.3 Approval of various actions for the Sycamore Terrace Development.
Recommendation: Adoption of resolutions:
(a) Making appropriation ordinance and funding sources resolution amendments to the Housing and City-wide Parks Construction and Conveyance Tax Funds which:
(1) Authorize a transfer of funds in the amount of $750,000 from the Low- and Moderate-Income Housing Fund to the Citywide Parks Construction and Conveyance ("CPC&C") Fund 391, to pay for a City-owned 0.51 acre parcel on the north side of Coleman Road between Almaden Expressway and Los Alamitos Creek for the development of the Sycamore Terrace Project;
(2) Increase the Interfund Transfers by $750,000 to the CPC&C for Guadalupe and Los Alamitos Creek trail improvements; and
(3) Establish the Reserve for Almaden Lake Park and Trails Project in the amount of $750,000.
(b) Authorizing the Director of Housing to enter into exclusive negotiations with Pulte Home Corporation on behalf of the City to develop the Sycamore Terrace site, with at least 18 of the 59 units in the project being affordable to moderate-income households.
(c) Finding that the use of 20% Housing Funds for the transfer of administration of the City’s 0.51 acre parcel at the northeast corner of Almaden Expressway and Coleman Road to the Department of Housing is a benefit to the City’s Redevelopment Areas.
(d) Establishing a budget of $1,080,000 for Guadalupe Creek/Los Alamitos Creek Trail Connection Project.
Council District 10. (Parks, Recreation and Neighborhood Services/Housing/City Manager’s Office)
(Deferred from 8/28/01 – Item 4.3)
5 RECREATION & CULTURAL SERVICES
5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – August 20, 2001
Council Member Chavez, Chair
(a) Youth Commission Monthly Report
(b) Quarterly Progress Report on the new Dr. Martin Luther King, Jr. Library
(c) Final Approval of the Blueprint for Bridging the Digital Divide
SEE ITEM 5.3 FOR COUNCIL ACTION TO BE TAKEN
(d) Skate Park Update
(e) Distribution of Homework Center Funds
(f) Approval of final draft for the implementation/timeline for the Skate Parks
(g) Oral petitions
(h) Adjournment
*Report of the Education, Neighborhoods, Youth, and Seniors Committee - August 28, 2001
(a) Distribution of Homework Center Funds
(b) Oral petitions
(c) Adjournment
*Recommendation:
(a) Approval of the Guidelines For Events Held on City Owned and City-Operated Parking Facilities (Including Redevelopment Agency Public Parking Facilities), establishing the conditions under which the City may allow certain events to occur on public parking facilities;
*(b) Adoption of a resolution authorizing the Director of the Department of Conventions, Arts and Entertainment, in coordination with the Director of the Department of Transportation, to approve events on the parking facilities and to negotiate and execute facility use agreements, in accordance with the Guidelines; and
*(c) Adoption of a resolution superseding the current Master Parking Rate Resolution No. 70564, to establish fees to be paid by events using the parking facilities in accordance with the Guidelines.
CEQA: Exempt. Council Districts 3 and 5. SNI: St. James Square. (Conventions, Arts and Entertainment/Transportation)
5.3 Approval of various actions related to the Blueprint for Bridging the Digital Divide.
Recommendation: Adoption of the new Youth Services Master Plan, entitled Blueprint for Bridging the Digital Divide and its First Year Strategic Action Plan for FY 2001-2002 and other necessary actions. (Parks, Recreation and Neighborhood Services)
[Education, Neighborhoods, Youth and Seniors Committee referral 8/20/01 – Item 5.1(c)]
TO BE HEARD IN THE EVENING
6 TRANSPORTATION SERVICES
*6.1 Approval to temporarily install traffic control devices for traffic calming.
*Recommendation: Adoption of a resolution authorizing the Director of Transportation to temporarily install traffic control devices to prevent vehicular traffic from making turns at the intersections of O’Brien Court and Campbell Avenue, and Campbell Avenue and Newhall Street for traffic calming purposes, and suspend enforcement of the 5-ton commercial vehicle prohibition on Newhall Street, all for a test period of up to 180 days. CEQA: Exempt. Council District 3. (Transportation)
TO BE HEARD IN THE EVENING
7 ENVIRONMENTAL & UTILITY SERVICES
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)
*RECOMMEND DEFERRAL TO 9/11/01
7.2 Public Hearing on the vacation of portions of Fontanoso Avenue and Piercy Road.
Recommendation: PUBLIC HEARING and adoption of a resolution approving the vacation of portions of Fontanoso Avenue and Piercy Road immediately south of Silver Creek Valley Road, reserving a public service easement. CEQA: Exempt. Council District 2. (Public Works)
*7.3 Approval of various actions related to the San José Municipal Water System.
Recommendation: Approval of amendments to consulting agreements to extend the contract term and increase compensation for services related to the completion of the Request for Proposals for lease and/or operation of the San José Municipal Water System. (City Manager's Office)
(Deferred from 8/28/01 – Item 7.2)
RECOMMEND DEFERRAL TO 9/11/01
8 AVIATION SERVICES
9 PUBLIC SAFETY SERVICES
*9.1 Approval of various actions related to ALS First Responder and Transport Services.
*Recommendation:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute the Pre-Hospital Emergency Medical Services Agreement between the City and American Medical Response, Inc. (AMR) for Advanced Life Support (ALS) First-Responder and Supplemental Transport Ambulance (STAR) services.
(b) Approval of the award for the purchase of four (4) rescue transport apparatus to the sole bidder, Hi-Tech Emergency Vehicle Service, Inc. (Oakdale), for a total cost not to exceed $1,111,369.68, and authorization for the Director of General Services to execute the purchase order for the immediate purchase of these units.
(c) Adoption of a resolution authorizing the Director of General Service to:
(1) Negotiate and execute a rental agreement with AMR in an amount not to exceed $12,000, for a term not to exceed 120 days for the rental of two (2) Type II Ambulances for temporary use by the Fire Department to provide STAR services; and
(2) Award a contract or contracts in a total amount not to exceed $ 250,000, to the lowest responsive bidders for the purchase of two (2) Type III Modular Ambulances for use by the Fire Department to provide STAR services, and authorize the Director to negotiate and execute all necessary documents for the purchase.
(d) Adoption of related appropriation ordinance and funding sources resolution amendments in the General Fund related to the ALS First Responder and Transport Services.
(City Manager’s Office/Fire)
9.2 Approval to purchase three replacement rescue transport apparatus for the Fire Department.
Recommendation: Report on bids and award of contract to the sole bidder, Hi-Tech Emergency Vehicle Service, Inc. (Oakdale), at a total cost of $834,287.04, including tax, and authorization for the Director of General Services to execute the purchase order for the:
(a) Immediate purchase of three rescue transport apparatus for the Fire Department; and
(b) Subsequent purchase of additional conversions at the same bid price without further Council action other than the appropriation of necessary funds.
(General Services)
*DROP (Action included in item 9.1)
10 JOINT COUNCIL/REDEVELOPMENT AGENCY
Closed Session Report
Notice of City Engineer’s Pending Decision on Final Maps
None Filed.
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 on a planned development rezoning on North First Street.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the east side of North First Street, 250 feet southerly of Burton Avenue, from CN Neighborhood Commercial Zoning District to A(PD) Planned Development Zoning District, to allow a reduction in parking requirements for existing restaurant uses on 0.36 gross acres. (Cortese, Owner; Tafreshi, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 01-02-013 - District 3
(Continued from 4/3/01 – Item 11.7 et al., and 8/14/01 – Item 11.3)
11.2 Public Hearing on planned development prezoning on Ruby Avenue.
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT PREZONING of the property located at the east side of Ruby Avenue, approximately 50 feet northerly of Murillo Avenue, from County to A(PD) Planned Development Zoning District, to allow up to 22,570 square feet for a new church sanctuary and associated classrooms on 2.61 gross acres. (Young Nak Presbyterian Church c/o K.B. Chung, Owner/Developer). CEQA: Negative Declaration.
PDC 00-04-024 - District 8
(Continued from 8/14/01 – Item 11.9)
*RECOMMEND CONTINUANCE TO 10/2/01
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.
PDC 00-08-069 - District 9
(Continued from 8/14/01 – Item 11.10)
*RECOMMEND CONTINUANCE TO 10/2/01
11.4 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)
*RECOMMEND CONTINUANCE TO 9/18/01
Open Forum
Adjournment
*Adjourn in memory of Leonard J. "Jim" Hartman, retired Fireman with the San José Fire Department for 24 years; and in memory of Betty Pate Manley, retired Director of the Foster Grandparents Program, volunteer at History San José, and teacher of ESL classes at Sacred Heart Community Services.