
SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
APRIL 27, 2004
|
LINDA J. LE ZOTTE |
DISTRICT 1 |
|
KEN YEAGER |
DISTRICT 6 |
|
FORREST WILLIAMS |
DISTRICT 2 |
|
TERRY O. GREGORY |
DISTRICT 7 |
|
CINDY CHAVEZ |
DISTRICT 3 |
RON GONZALES MAYOR |
DAVID D. CORTESE |
DISTRICT 8 |
|
CHUCK REED |
DISTRICT 4 |
|
JUDY CHIRCO |
DISTRICT 9 |
|
NORA CAMPOS |
DISTRICT 5 |
|
PAT DANDO, VICE MAYOR |
DISTRICT 10 |
To
arrange an accommodation under the Americans with Disabilities
Act to participate in this public meeting, please call 1 (408)
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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
· Invocation (District 4)
Fil-Am Veterans Rondalla Stringed Instrumental Group
· Pledge of Allegiance
· Orders of the Day
Items
marked with an asterisk (*) denote changes or additions to the
previously published Agenda for this meeting.
Items
recommended to be added, dropped, or deferred are usually approved
under Orders of the Day unless the Council directs otherwise.
*1.1 Presentation of commendations to Altera Corporation, David J Powers and Associates, MCON Construction, The Steinberg Group, EnviroSystems, LGC Wireless, and the City of San José’s West Valley Branch Library in recognition for being “Green Businesses”. (Environmental Services)
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:
(a) 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 $397,062:
(1) Increasing the appropriation to the Department of Public Works for the Thirteenth Street Streetscape Project (PSM 295#2) by $337,062;
(2) Establish an appropriation to the Department of Transportation for the Delmas Park Traffic Calming Project (PSM 355) in the amount of $50,000;
(3) Establish an appropriation to the Department of Public Works for the Reed Street Park Project (PSM 358) in the amount of $10,000
(4) Increase the estimate for Earned Revenue by $397,062
(b) Adoption of a resolution making certain determinations regarding the expenditure of Redevelopment Agency Funds on certain public improvements in connection with the Delmas Park Traffic Calming Project, as more specifically described in the memorandum from the Redevelopment Agency, dated March 10, 2004, and the Reed Street Park Project, as more specifically described in the memorandum from the Redevelopment Agency, dated March 23, 2004.
CEQA: Not a Project. Council District 3.
SNI: Market/Almaden, Delams Park, and 13th
Street. (City Manager's Office)
Partial
* Recommendation: Approval of City Manager Del D. Borgsdorf’s travel to Portland, Oregon, from April 28 – May 1, 2004, to participate in the National League of Cities’ Sixth Biennial “Your City’s Families Conference.” CEQA: Not a Project. (City Manager's Office)
Recommendation: Adoption of a resolution authorizing the sale of a public utility easement over City-owned open space land along Guadalupe Creek for the installation and extension of a waterline to the existing Guadalupe Mines Road waterline; and delegating authority to the Director of the General Services Department to execute all documents necessary to complete transfer of the easement. CEQA: Exempt, PP04-04-120. Council District 10. (General Services)
* Recommendation:
(a) Approval of award of an annual contract for power washing services for the Department of Transportation for City-owned Parking Facilities with Pro Sweep (San José, CA), for a total amount not to exceed $110,000, and authorize the Director of General Services to execute the service order; and
(b) Authorization for the Director to execute one additional one-year option to renew without further Council action other than the appropriation of funds.
CEQA: PP03-03-080. (General Services)
DROP
Recommendation: Adoption of a resolution authorizing the City Manager to execute a new agreement between the City of San José and Community Foundation Silicon Valley (CFSV) for the administration of Community Action and Pride (CAP) Grant funds. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a two-year agreement with Hill’s Pet Food Company to receive animal food at the cost of shipping in exchange for exclusive promotional opportunities to Hill’s Pet Food at the City of San José’s Animal Care Center. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
Recommendation: Adoption of a resolution initiating proceedings and setting May 11, 2004 at 1:30 p.m. as the date for Council consideration on the reorganization of territory designated as Evergreen No. 189, which involves the annexation to the City of San José of 2.11 acres of land, located at the east side of Ruby Avenue, approximately 250 feet northerly of Murillo Avenue and the detachment of the same from Santa Clara County Central Fire Protection, and Area No. 1 (Library Services) County Service. CEQA: Mitigated Negative Declaration, PDC02-047. Council District 8. (Planning, Building and Code Enforcement)
Recommendation: Approval of an agreement with San José Unified School District to convey to the City of San José an emergency vehicle access easement on a portion of the Simonds Elementary School site at 6515 Grapevine Way, together with a temporary construction easement through May 31, 2006 on another portion of the site. and authorization for the Director of Public Works to execute all documents necessary to complete the transaction. CEQA: Exempt, PP03-11-367. Council District 10. (Public Works)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement to convey an easement on and under 357 square feet of City of San José-owned property at the intersection of Brokaw Road and Martin Avenue to the City of Santa Clara to allow for placement of a pipeline to connect water systems owned by the San José Water Company and the City of Santa Clara, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transfer. CEQA: Resolution Nos. 67380 and 71451, PP04-03-103. (Public Works)
Recommendation: Approval of the report for
the proposed 2003/04-2008/09 Workplan for the Rule 20A and Rule
20B(In-Lieu Fee) Underground Utility Program and the proposed
Rule 20B(In-Lieu Fee) Undergrounding Masterplan.
CEQA: Not a Project. (Public Works)
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Recommendation: Review of the Annual Report
regarding in lieu fees collected by the City from developers
in lieu of construction of public improvements.
CEQA: Not a Project. (Public Works)
Attachment I
Attachment J
Recommendation:
(a) Approval of a first amendment to the agreement with the County of Santa Clara for the Bascom Avenue Median Island Landscaping project, designating the County as the lead agency for project construction; and
(b) Adoption of the following appropriation ordinance and funding Sources resolution amendments in the Building and Structure Construction Tax Fund:
(1) Reduce the appropriation to the Department of Transportation for the Bascom Avenue MIL: Parkmoor to San Carlos appropriation by $601,000;
(2) Increase the Ending Fund Balance by $7,000; and
(3) Reduce the estimate for Earned Revenue by $594,000.
CEQA: Resolution No. 65459, PP03-06-206. Council District 6. SNI: Burbank/Del Monte. (Transportation/City Manager's Office)
* Recommendation: Approval of an ordinance amending Section 11.08.070 of Chapter 11.08 and Chapter 11.44 of Title 11 of the San José Municipal Code authorizing the Director of Transportation to regulate offstreet parking facilities owned or leased by the City.
* Recommendation:
(a) Approval of an agreement in the amount of $40,500 with the Timothy Chen Revocable Trust for the purchase of a portion of land located at 380 North White Road, together with an immediate right of entry thereon and a three-month right of entry on the adjoining portion of property, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction. CEQA: Negative Declaration, PP03-11-355. Council District 5. (Public Works)
(b) Report on bids and award of contract for the White Road Widening Project - Mabury Road to McKee Road to the low bidder, Redgwick Construction Company, Inc., in the amount of $406,635, and approval of a contingency in the amount of $21,000. CEQA: Negative Declaration, PP 03-11-335. Council District 5. (Public Works/Transportation)
* Recommendation: Approval of Vice Mayor Pat Dando’s travel to Washington, D.C., April 24-27, 2004, for the Silicon Valley Chamber of Commerce annual legislative advocacy visit to Washington, D.C. Funding: Silicon Valley Chamber of Commerce. (Dando)
(Rules Committee referral 4/21/04)
* Recommendation: Approval of Mayor Gonzales' travel to Washington, D.C., April 19-21, 2004, to accept the "America's Most Livable Communities" Award on behalf of the City. (Mayor)
(Rules Committee referral 4/21/04)
* Recommendation: Adoption of a resolution approving the terms of a Memorandum of Agreement between the City of San José and the International Union of Operating Engineers, Local #3, authorizing the City Manager to execute the agreement for the term of April 17, 2004 through April 14, 2006. CEQA: Not a Project. (City Manager’s Office)
(Rules Committee referral 4/21/04)
RECOMMEND
DEFERRAL TO 5/4/04
* Recommendation:
Adoption of appropriation ordinance and funding sources
resolution amendments in the General Fund in the amount of $46,882,
for developing Community Safety Protocols.
CEQA: Not a Project. (Parks, Recreation and Neighborhood Services/City
Manager’s Office)
(Deferred from 4/20/04 – Item 2.7)
* RECOMMEND DEFERRAL TO 5/4/04
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review April 27 , 2004 Draft Agenda
(2) Add New Items to April 20, 2004 Amended Agenda
· Mayor and Council Member Requests
· City Manager Requests
· City Attorney Requests
· City Clerk Requests
(3) List of Reports Outstanding
(c) Legislative Update
(1) State
(a) AB 2741 (Salinas, Wolk)
– Metropolitan Transportation Commission: governing board
(2) Federal
(a) Federal Lobbyist Report
(d) Meeting Schedules
(e) The Public Record
(f) Appointment to Boards, Commissions and Committees
(g) Rules Committee Reviews, Recommendations and Approvals
(1) Written report on request for deferral for “Evergreen Specific Plan Construction Tax, Building and Structures Tax, and Residential Construction Tax Fee Suspension/Exemption Renewal”
(h) Oral communications
(i) Adjournment
Council
Member Campos, Chair
Summary
(a) Public Works Real Estate Division Audit
(b) Concentrated Code Enforcement Audit
(c) Airport Concessions Contracts Audit
(d) Report on CSA Performance Measurements
(e) Follow-up Report on the Effectiveness of Current City and RDA Community Outreach
(f) Special Event Permitting
(g) Neighborhood Development Center regarding CAP Grant Update
(h) Call Center Information and Referral Services
(i) School Crossing Guard Audit
(j) Single Audit Report
(k) Management Letter
* (l) Semi-annual Audit Recommendations
- SEE ITEM 3.7 FOR COUNCIL ACTION TO BE TAKEN
(m) Oral petitions
(n) Adjournment
* Recommendation: Direction to the City Attorney to bring for approval an ordinance amending Chapter 4.76 of the San José Municipal Code implementing revisions to the Business Tax related to increasing exemptions, establishing a grace period for new businesses, increasing the amount of Business Tax the Director of Finance may compromise, and establishing a Director of Finance authority to compromise Business Tax penalties and interest. CEQA: Not a Project. (Finance)
Recommendation: Approval of various actions, on behalf of Daughters of Charity Health System, regarding the O'Connor Hospital, located at 2105 Forest Avenue, San José, CA 95128:
(a) Hold a TEFRA Hearing for the issuance of $550,000,000 of tax-exempt 501(c)(3) revenue bonds by the California Statewide Community Development Authority ("CSCDA"); and
(b) Adoption of a resolution approving the issuance of Tax-Exempt Fixed Rate Revenue Bonds, Series 2004 by the California Statewide Community Development Authority in an aggregate principal amount not to exceed $550,000,000 to be used to:
(1) Refund existing $450,000,000 California Statewide Communities Development Authority Series 2001 Fixed Rate Revenue Bonds (the "2001 Bonds");
(2) Equip certain hospitals and related facilities; and
(3) Pay certain expenses incurred in connection with the issuance of the Bonds.
CEQA: Not a Project. Council District 6. (Finance)
*Recommendation:
(a) Adoption
of resolution authorizing the City Manager to enter into exclusive
negotiations for sixty days for the purchase, installation,
and integration of an Integrated Utility Billing, Customer Service
and Performance Management System (CUSP) with BearingPoint/PeopleSoft,
with the option to commence negotiations with Indus in the event
business terms are not reached with BearingPoint/PeopleSoft.
RECOMMEND DEFERRAL TO 5/4/04
(b) Direction for staff to proceed with the necessary actions to expand the City's commercial paper program including the preparation of the necessary amendments to the Trust Indenture, certain financing documents, and preparation of a new Offering Memorandum for the City of San José Financing Authority Tax-Exempt Lease Revenue Commercial Paper Notes (the "CP Notes") for City Council and City of San José Financing Authority Board approval by August 2004.
(c) Direction for staff to return to Council by August 2004 for Council's approval of a final agreement between the City and the recommended CUSP vendor solution and the related budget appropriations.
CEQA: Not a Project. (Finance/Environmental Services/Information Technology)
Recommendation: Acceptance of the Semi-Annual Audit Recommendations, Appendix B: An Audit of the Fire Department – Hazardous Materials Storage Permit Fees. (City Auditor)
[Making Government Work Better Committee referral 4/14/04 - Item 3.3(l)]
Council
Member Chavez, Chair
Council
Member Williams, Chair
Recommendation: PUBLIC HEARING and adoption of a resolution designating the Nevills-Campisi House, located on a 0.125 gross acre site at the east side of South 6th Street, approximately 150 feet northerly of East San Fernando Street (84 S. Sixth Street), as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature, HL03-149. CEQA: Exempt, HL03-149. Council District 3. SNI: 13th Street. (Planning, Building & Code Enforcement)
Recommendation:
(a) Adoption of a resolution authorizing the Director of Housing to accept housing program grants from HCD and to negotiate and execute the grant agreements and any amendments or other documents necessary to implement the programs funded by the following grants:
(1) A $1,000,000 CalHome Program grant to fund the rehabilitation of homes owned by low-income residents;
(2) A $500,000 Exterior Accessibility Grants for Renters (EAGR) program grant to fund exterior accessibility improvements for lower-income tenants living in multi-unit or single-family rental housing units; and
(3) A $1,500,000 Local Housing Trust Fund Program grant for the San José Housing Trust Fund (SHTF) to fund loans for the construction or rehabilitation of rental housing developments affordable to low-income households.
(b) Approval of the following appropriation ordinance and funding sources resolution amendments in the Multi-Source Housing Fund:
(1) Increasing the CalHome Program appropriation by $1,000,000;
(2) Establishing a new CalHome (EAGR) appropriation in the amount of $500,000; and
(3) Increasing the estimate for Grant Revenue in the amount of $1,500,000.
(c) Approval of the following appropriation ordinance and funding sources resolution amendments in the Housing Trust Fund:
(1) Increasing the estimate for Grant Revenue Proposition 46 in the amount of $1,500,000; and
(2) Establishing a Proposition 46 Expenditure appropriation in the amount of $1,500,000.
CEQA: Not a Project. (Housing/City Manager's Office)
Recommendation: Presentation on the status of the New Civic Center. (City Manager's Office)
* Recommendation: Approval of an ordinance amending Section 4.46.050 of Chapter 4.46 of Title 4 and Section 4.47.040 of Chapter 4.47 of the San José Municipal Code to:
(a) Clarify the industrial use designation for buildings or structures subject to collection of Building and Structure Construction Taxes;
(b) Add certain industrial uses to the expanded list for the purpose of collecting Building and Structure Construction Taxes and establish a sunset provision for the expanded list of industrial uses;
(c) Clarify the procedures to collect taxes for building permits that are issued separately for building shell and the first tenant improvements.
CEQA: Not a Project. (Planning, Building and Code Enforcement/Economic Development)
(Deferred from 3/30/04 – Item 4.5 and 4/6/04 – Item 4.7)
Council
Member Yeager, Chair
(a) Civic Center Childcare Update
(b) Update on Schools/City Collaborative Joint Use Agreements – Discussion on how we can better work with schools
(c) Discussion on Gang Prevention and Intervention Programs
(d) San José After School Implementation Update and Discussion of Priorities for Youth Programs
(e) Oral petitions
(f) Adjournment
(Deferred from 4/20/04 – Item 5.1)
RECOMMEND DEFERRAL TO
5/4/04
Recommendation: Report on bids and take appropriate
action based on the evaluation of bids for the Almaden Community
Center and Branch Library Project, and approval of a ten percent
contingency. CEQA: Mitigated Negative Declaration,
PP02-10-309. Council
District 10. (Public Works/Library/Parks,
Recreation & Neighborhood Services)
*DROP, ACTION TAKEN ON 4/20/04
Council
Member Cortese, Chair
Recommendation: Adoption of a resolution:
(a) Determining that public use and necessity require the acquisition of:
(1) Fee title to a portion of property located at 1212 Oakland Road, owned by R.C.S. Management and Investment Corporation, a California corporation;
(2) Six-month temporary construction easement on an adjoining portion of the property; and
(3) Two sound wall easements at the northerly and southerly portions of the property.
(b) Finding that:
(1) The property to be taken is necessary for the completion of the Oakland Road street widening project;
(2) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
(3) City staff established an amount of just compensation not less than the approved appraisal of the fair market value,
(4) City staff made an offer to the owners for the full appraised amount; and
(5) The proposed taking and use are authorized by law;
(c) Directing the City Attorney to file an eminent domain action to acquire these property interests.
CEQA: Negative Declaration, PP03-06-209. Council District 4. (Public Works/Transportation)
Recommendation: Report on bids and award of contract for the Norman Y. Mineta San José International Airport - General Engineering Contract 03-04 to the low bidder, O’Grady Paving, in the amount of $1,300,000. CEQA: Resolution Nos. 67380, and 71454, PP 04-01-010. (Public Works/Airport)
Recommendation: Approval of specified policies and procedures related to the review of officer-involved shootings resulting in injury or death to a person and fatal incidents involving San José police officers. CEQA: Not a Project (Independent Police Auditor/Police)
CONVENE
REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1 AND 10.2 IN
A JOINT SESSION
Recommendation: Presentation on the development and implementation of One-Voice Service Delivery Pilot Projects. (City Manager’s Office/Redevelopment Agency)
(Deferred from 4/13/04 – Item 10.1)
Recommendation: PUBLIC HEARING and adoption of resolutions:
(a) Approving the transfer of Redevelopment Agency-owned property, located at 235 East Santa Clara Street (Property), pursuant to a Cooperation Agreement between the City and the Agency to the City.
(b) Approving the sale from the City to the First United Methodist Church Tower Properties, L. P., (FUMCTP), for $5,200,000 for the residential tower and an easement for 104 parking spaces in the adjoining parking garage, and to First United Methodist Church Car Barn, (FUMCCB), a California nonprofit corporation, for $50,000 for the garage encumbered by the easement (Sponsors).
(c) Approving a loan to First United Methodist Church Tower Properties, L. P., for the acquisition/rehabilitation of the residential building of up to $2,225,000.
(d) Accepting the 33433 Summary Report and Re-Use Valuation, and finding that the sale of the Property will provide housing for very low- and low-income persons and is consistent with the Implementation Plans for the San José Merged Redevelopment Project Area and that the consideration for the property is not less than the fair reuse value for the proposed use, with the covenants and conditions and development costs authorized by the Disposition and Development Agreement (DDA).
(e) Approving the DDA among the City of San José, the Redevelopment Agency, and the Sponsors for the acquisition and rehabilitation of the Vintage Tower Apartments, a 59-unit mid-rise apartment building located at 235 East Santa Clara Street.
(f) Authorizing the City Manager and the Executive Director to negotiate and execute amendments to the DDA as may be reasonably required by the Developer’s lender, and as necessary to conclude this transaction consistent with the authority granted herein.
(g) Authorizing the City Manager and the Redevelopment Agency Executive Director to execute such documents as necessary to convey the Property to the Sponsor once the conditions of conveyance have been met.
CEQA: Exempt, PP03-03-090. Council District 3. (City Manager's Office/Redevelopment Agency)
ADJOURN
REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING
· 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:
|
Tract |
Location |
Council District |
Developer |
Lots/ Units |
Type |
Proposed Decision |
|
9556 |
Willowbrae Avenue |
6 |
DKB Homes |
21 units |
SFD |
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.
· Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.
· Adjournment
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