SAN JOSE CITY COUNCIL

AMENDED AGENDA

APRIL 15, 2003

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

                                    See Separate Agenda

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

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

Adjournment:  This meeting will be adjourned in memory of Reverend Manuel J. Vizcarra, Pastor of the First Apostolic Church of San José, located in the Mayfair area. 

·                   Invocation (District 4)

·                   Pledge of Allegiance

·                   Orders of the Day

            Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.

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

1     CEREMONIAL ITEMS

1.1       Presentation of a proclamation recognizing the flag of the former Republic of Vietnam as the flag of the Free Vietnamese People.  (Reed)

            (Rules Committee referral 4/9/03

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 August 20, 2002

            (b)        Joint City Council/Redevelopment Agency Board meeting of August 20, 2002

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 26863 – Rezones certain real property situated on the southwestern corner of Minnesota Avenue and Bird Avenue to CN Commercial Neighborhood Zoning District.  C 03-011

            (b)        ORD. NO. 26864 – Prezones certain real property situated on the west side of Union Avenue, approximately 80 feet northerly of Ronda Drive, to R-1-8 Residential Zoning District.  C 02-067

            (c)        ORD. NO. 26865 – Rezones certain real property situated on the northeast corner of S. Third and E. William Streets to A(PD) Planned Development Zoning District.  PDC 02-083

2.3              Approval of a ground lease for the construction and operation of a new Fixed Base Operation on the southwest side of the Airport.

            Recommendation:  Approval of a ground lease with ACM Aviation, LLC (ACM) for the construction and operation of a new Fixed Base Operation on the southwest side of Norman Y. Mineta San José International Airport, for a 30 year term with one 10 year option, with the first year’s interim construction rent commencing at notice to proceed, in the amount of $86,339, and in the second year of construction in the amount of $172,679, and subsequent annual rents in the amount of $345,359, subject to annual Consumer Price Index increases, and subject to increase by appraisal every 5 years during the term of the lease.  CEQA: Resolution No. 67380, PP 00-12-180.  (Airport)

            (Deferred from 4/1/03 – Item 2.3)

2.4              Approval of a grant agreement with United Way Silicon Valley.

            Recommendation:  Approval of a grant agreement with United Way Silicon Valley in the amount of $250,000 for capacity building.  CEQA:  Not a Project. (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 2002-2003 #29 and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project.  (General Services)

2.6              Approval of various actions related to improvements at Morrone Gardens.

            Recommendation:  Adoption of a resolution approving a loan amount not to exceed $236,827 to Morrone Gardens Associates, a California Limited Partnership (“Morrone L.P.”), to provide funds for rehabilitation and preventative measures associated with potential mold hazards. CEQA:  Not a project. Council District 9.  (Housing)

2.7              Approval of a resolution initiating proceedings for the annexation of land designated as Bascom No. 37 and setting a public hearing.

            Recommendation:  Adoption of a resolution initiating proceedings and setting April 29, 2003 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Bascom No. 37, which involves the annexation to the City of San Jose of 1.70 gross acres, located at the southwest corner of Forest Avenue and Ciro Avenue, and the detachment of the same from the following special districts, including West Valley Sanitation, Central Fire Protection, Santa Clara Valley County Water and Area No. 01 (Library Services) County Service.  CEQA:  Resolution No. 65459.  Council District 6.  (Planning, Building and Code Enforcement)

2.8              Approval of a contract change order for the Foxworthy Avenue Bridge.

            Recommendation:  Approval of Contract Change Order (CCO) No. 8 with R.G.W. Construction, Inc. for the Foxworthy Avenue Bridge at the Guadalupe River Project in the amount of $117,000, increasing the total contract amount to $2,435,960.72, and increasing the contingency from $210,000 to $276,000.  CEQA:  Resolution No. 67894.  Council District 7.  (Public Works)

2.9              Acceptance of the San José Arena Authority Ticket Distribution Program Report.

*          Recommendation:  Acceptance of the San José Arena Authority’s 2001-2002 Annual Report.

2.10     Appointment of three members to the Independent Hearing Panel.

*          Recommendation: Approval of the appointment of three members to the Independent Hearing Panel, consisting of a technical expert, a member of the public, and a member of the City Council.  (Mayor)

            (Rules Committee referral 4/9/03)

2.11     Adoption of a resolution authorizing negotiations for an agreement with KaBOOM!

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with KaBOOM! Inc. to accept a donation of playground equipment and services for Watson Park with an approximate value of $50,000 including donated labor, requiring a City contribution to the project of $2000, plus site preparation, staff time to coordinate volunteer efforts and community meetings, approve the design and final installation, and which may obligate the City to pay certain costs incurred by KaBOOM! and its funding partners if the installation of the playground equipment does not occur on June 28, 2003.  (Parks, Recreation, and Neighborhood Services)

            (Rules Committee referral 4/9/03)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – April 2, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review April 15, 2003 Draft Agenda

                        (2)        Add New Items to April 8, 2003 Amended Agenda

                        (3)        List of Reports Outstanding

            (c)        Legislative Update

                        (1)        State

                                    (a)        Update on AB 980 (Salinas), self-certification of local Housing Elements

                        (2)        Federal

                                    (a)        Federal Lobbyist Monthly Report

                                    (b)        President’s Economic Stimulus Package and Impacts on Low-Income Housing Tax Credit Program

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

            (g)        Council Referrals for Assignment to Administration or Council Appointee

            (h)        Administrative Reviews and Approval

            (i)         Oral communications

            (j)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4              Approval of a report back from the City Clerk on the methodology for performance measures and overview targets.

*          Recommendation:  Approval of a report back from the City Clerk on the methodology for performance measures and overview targets.  (Mayor)

            (Deferred from 3/11/03 – Item 3.4 and 4/1/03 – Item 3.4)
   RECOMMEND DEFERRAL TO 4/29/03

3.5              Council consideration of the adoption of a civil action ordinance related to the intentional disruptions of the airport security system.

            Recommendation:  Council consideration of the Airport Commission’s recommendation to adopt an ordinance that would allow the City of San José and Norman Y. Mineta San José International Airport to recover the cost of the disruption of normal airport operations by people who intentionally violate airport security rules.  (Reed)

            (Rules Committee referral 3/26/03)
Attachment A - Civil Action Resolution
Attachment B - Resolution 403
Attachment C - Attest
Attachment D - Memo from SJ Airport
Attachment E - News article

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee

            Council Member Chavez, Chair

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

4.3              Public Hearing on the 2003-2004 Draft Consolidated Plan Annual Action Plan.

            Recommendation:  Public Hearing on the 2003-2004 Draft Consolidated Plan Annual Action Plan, including FY 2003-2004 proposed recommendations for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnership Program (HOME), the Housing Opportunities for People with HIV/AIDS (HOPWA) Program, and the Emergency Shelter Grant (ESG) Program.  CEQA:  Not a Project.  (Housing/Parks, Recreation and Neighborhood Services)

            TO BE HEARD IN THE EVENING

4.4              Approval of various actions related to Las Golondrinas Apartments.

            Recommendation:  Adoption of a resolution approving a change in the source of funding for the conditional grant of up to $4,804,900 to MACSA, or an affiliated entity, from the Extremely Low-Income Housing Reserve Fund (ELI), to the 20% Low- and Moderate-Income Housing Fund, for the development of Las Golondrinas, a 50-unit senior rental development to be made affordable to extremely low-income households, on a 1.31-acre site located on the southerly terminus of Kentucky Place, southerly of Alum Rock Avenue.  CEQA: Negative Declaration, PDC 00-12-124.  Council District 5.  SNI Area: Mayfair.  (Housing)

4.5              Public Hearing and adoption of a resolution vacating a portion of Sixth Street.

            Recommendation:  PUBLIC HEARING and adoption of a resolution vacating a portion of the west side of Sixth Street between Martha and Bestor Streets and reserving a public service easement.  CEQA:  Negative Declaration, PDC98-10-078.  Council District 3.  SNI Area:  Spartan/Keyes.  (Public Works)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

5.2              Approval of various actions related to the Community Development Block Grant.

            Recommendation: 

            (a)        Accept this second quarter report summarizing the status of CDBG projects and recommending corrective actions.

            (b)        Approval of an extension of the funding term for six months, from June 30, 2003 to December 31, 2003, for the following projects:

                        (1)        G13 Northside Community Center Expansion - Filipino-American Senior Opportunity Development Council, Inc.;

                        (2)        F87 Disabled Housing Preservation – Housing for Independent People, Inc.,

                        (3)        F89 Nursery Renovation Project – San Jose Day Nursery; and

                        (4)        F90 Franklin-McKinley School District Child Care - Franklin-McKinley School District.

            (c)        Approval of an extension of the funding term for one year, from December 31, 2002 to December 31, 2003, for the following project:

                        (1)        G43 Roosevelt Roller Hockey Rink Renovation project – Parks, Recreation and Neighborhood Services Department.

            (d)        Approval of the return of CDBG funds for the following project:

                        (1)        F91 Zoe-27 South 11^th Street – Alliance for Community Care ($403,698).

*          (e)        Adoption of amendments to the Appropriation Ordinance in the Community Development Block Grant Fund to do the following:

                        (1)        Decrease the appropriation to Zoe-27^th South 11^th Street by $403,698.

 (1)    Increase the Ending Fund Balance by $403,698.

            CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

5.3       Approval of a contract for the Ramblewood Park Play Area Renovation and Restroom Project.

*          Recommendation:  Report on bids for Ramblewood Park Play Area Renovation and Restroom Project with the following recommendations:

            (a)        Find the apparent low bidder, Playgrounds Unlimited, not responsible for failure to timely perform park renovation construction contracts awarded during 2002; and

            (b)        Award the contract to the lowest responsible and responsive bidder, JFC Construction, Inc., in the amount of $270,068, and approval of a contingency in the amount of $13,500.

            CEQA:  Exempt, PP02-12-392.  Council District 7.  (Public Works)

            (Deferred from 1/28/03 – Item 2.8 et al., and 4/8/03 – Item 2.3)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Approval of various actions related to the San José Municipal Water System rates.

            Recommendation:  Authorize the City Manager to conduct a study of San José Municipal Water System rates and forward rate recommendations to the 2004-05 budget process.  CEQA:  Not a Project.  (City Manager’s Office)

            [Referred from 3/18/03 – Item 7.1 and deferred 4/1/03 – Item 7.4]

7.2              Approval of various actions related to an Environmental Enforcement Data Management System.

            Recommendation:

            (a)        Report on Request for Proposal (RFP) and approval of an agreement with enfoTech & Consulting, Inc. (Lawrenceville, NJ) for the implementation of an Environmental Enforcement Data Management System for a term of April 15, 2003 through April 30, 2005, in an amount not to exceed $1,063,399.

            (b)        Adoption of a resolution authorizing the Director of Environmental Services to negotiate and execute change orders to the enfoTech agreement in an amount not to exceed $106,000. 

            CEQA:  Not a Project.   (General Services)

8     AVIATION SERVICES

8.1              Approval of various actions to amend an agreement for consulting services at the Airport.

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute the eighth amendment to the agreement with PB Aviation, Inc. for consulting services for the Airport Master Plan, increasing compensation by $14,000,000, from $34,840,000 to a total agreement amount not to exceed $48,840,000, and extending the term of the agreement from February 1, 2004 to December 1, 2005.

            (b)        Adoption of the following appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund:

                        (1)        Establish Elements of the Master Plan Studies appropriation in the amount of $1,882,000. 

                        (2)        Establish Central Plant Expansion appropriation in the amount of $128,000.

                        (3)        Establish Maintenance Building SE (Bldg #1) appropriation in the amount of $94,000.

                        (4)        Establish North Concourse Site Facility Relocations appropriation in the amount of $473,000.

                        (5)        Establish Baggage Screening Phase II appropriation in the amount of $5,100.

            (b)        Adoption of the following appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund:

                        (6)        Establish Checkpoint Terminal A appropriation in the amount of $5,100.

                        (7)        Establish Checkpoint Terminal C appropriation in the amount of $5,100.

                        (8)        Establish Gate A1-C Relocation appropriation in the amount of $101,800.

                        (9)        Establish North Concourse Building appropriation in the amount of $2,377,000.

                        (10)      Decrease the Airport Security Improvement Reserve by $5,071,100.

            CEQA:  Resolution No. 67380, PP 03-03-083.  (Airport/City Manager’s Office)
* RECOMMEND DEFERRAL TO 4/22/03

8.2              Approval of various actions to amend an agreement for master architectural services at the Norman Y. Mineta San José International Airport.

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute the second amendment to the agreement with M. Arthur Gensler, Jr. & Associates (Gensler) for master architectural services, increasing compensation by $15,560,000, from $9,500,000, to a total agreement amount not to exceed $25,060,000, and extending the term of the agreement from July 4, 2003 to December 1, 2005.

            (b)        Adoption of the following appropriation ordinance amendments in the Airport Revenue Bond Improvement Fund:

                        (1)        Increase the North Concourse Building appropriation in the amount of $7,800,000.

                        (2)        Increase the Central Plant Expansion appropriation in the amount of $400,000.

                        (3)        Increase the Baggage Screening Phase II appropriation in the amount of $500,000.

                        (4)        Increase the Checkpoint Terminal A appropriation in the amount of $500,000.

                        (5)        Increase the Checkpoint Terminal C appropriation in the amount of $500,000.

                        (6)        Increase the Gate A1-C Relocation appropriation in the amount of $200,000.

                        (7)        Increase the Elements of the Master Plan Studies appropriation in the amount of $270,000.

                        (8)        Decrease the Airport Security Improvement Reserve by $10,170,000.

            CEQA:  Resolution No. 67380, PP 03-03-085.  (Airport/City Manager’s Office)
   *RECOMMEND DEFERRAL TO 4/22/03

9     PUBLIC SAFETY SERVICES

9.1              Approval of various fiscal actions related to the Automated Fingerprint Identification System (AFIS) upgrade.

            Recommendation: 

            (a)        Adoption of a resolution to accept SB 720 funds from the County of Santa Clara in the amount of $1,300,000; and

            (b)        Adoption of amendments to the Annual Appropriation Ordinance and Funding Sources Resolution in the General Fund for the Fiscal Year 2002-03 as follows:

                        (1)        Establish a City-wide Appropriation for an Automated Fingerprint Identification System to the Police Department in the amount of $1,300,000; and

                        (2)        Increase the estimate for Revenue from Local Agencies by $1,300,000.

            CEQA:  Not a Project.  (Police/City Manager’s Office)

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEM 10.1 IN A JOINT SESSION

10.1          Approval of various actions related to Vintage Towers.

            Recommendation:  Adoption of a resolution:

            (a)        Approving an Option Agreement for the purchase of the Vintage Tower Apartments, a 59-unit mid-rise apartment building located at 235 East Santa Clara Street, for $5,200,000 by First United Methodist Church Tower Properties, L.P., or an affiliated entity, from the City of San José.

            (b)        Approving a funding commitment for a loan of up to $2,225,000 to First United Methodist Church Tower Properties, L.P., or its designated affiliate, for the acquisition and rehabilitation of the property.

            CEQA: Exempt, PP03-03-090.  Council District 3.  (Housing)

            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:

            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.  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 planned development rezoning of the property located at 890 South Winchester Boulevard.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Winchester Boulevard and Neal Avenue (890 S. Winchester Blvd.), from CN Neighborhood Commercial District to A(PD) Planned Development Zoning District, to allow single-family attached residential uses (21 townhomes) on a 1.1 gross acre site.  (Delta I LLC, Owner/Developer).  CEQA:  Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 02-071- District 6

            (Continued from 1/21/03 – Item 11.2 et al., and 4/1/03 – Item 11.2)
*  RECOMMEND CONTINUANCE TO 5/06/03

11.2          Public Hearing on planned development rezoning of the property located at 671 S. 11^th Street.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING located at/on the west side of South 11^th Street, approximately 140 feet north of Margaret Street (671 S. 11^th Street), from R-M Multiple Residence District to A(PD) Planned Development Zoning District, to allow the demolition of an existing single-family residence and construction of three townhomes on a 0.14 gross acre site.  (Raymond Ruiz, Owner/Developer).  CEQA:  Exempt.

            PDC 00-115 - District 3

            (Continued from 3/18/03 – Item 11.9)
  * RECOMMEND CONTINUANCE TO 5/06/03

11.3          Public Hearing on City Council-initiated planned development rezoning of the property located at US 101 and Metcalf Road.

            Recommendation:  PUBLIC HEARING ON CITY COUNCIL-INITIATED PLANNED DEVELOPMENT REZONING of the property located on the easterly side of US 101, northerly of Metcalf Road, from R-1-1 Residence Zoning District to A (PD) Planned Development Zoning District, to allow up to 213 single-family detached residences on approximately 263.6 gross acres.  (Braddock & Logan Group, LP, Almaden Associates, LP, & Richard Ceralo, Owners Braddock & Logan Group, Developer).  CEQA:  Pending.

            PDC 03-012 - District 2

            TO BE HEARD AFTER 2.1, GENERAL PLAN AGENDA
*  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
    TO BE HEARD AFTER ITEM 2.1

11.4          Public Hearing on planned development rezoning of the property located at 615 Bird Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at west side of Bird Avenue, approximately 50 feet southerly of W. Virginia Street (615 Bird Avenue), from A(PD) Planned Development Zoning District and CP Pedestrian Commercial Zoning District to A(PD) Planned Development Zoning District, to allow up to 20 single-family attached residences on a 1.38 gross acre site.  (Lawrence and Daryla Silva 1999 Trust, Greg Blackwell of Greg Blackwell Homes, Mannia Family 1988 Trust, Owners; Greg Blackwell Homes Inc., Developer).  CEQA:  Mitigated Negative Declaration.  SNI:  Greater Gardner.
* Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 02-087 - District 6

11.5          Public Hearing on planned development rezoning of the property located at Madden and South Jackson Avenues.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Madden Avenue and South Jackson Avenue, from R-1-8 Residential Zoning District and R-M Residential Zoning District to A(PD) Planned Development Zoning District, to allow up to 70 single-family attached residential units on a 0.94 gross acre site.  (Falk Construction, Owner/Developer).  CEQA:  Negative Declaration.

            PDC 02-078 - District 5

            RECOMMEND CONTINUANCE TO 5/6/03

11.6          Public Hearing on Director-initiated rezoning of the property located at Rhodes Court and The Alameda.

            Recommendation:  PUBLIC HEARING ON DIRECTOR-INITIATED REZONING of the property located on the northeast corner of Rhodes Court and The Alameda, from CG Commercial General to LI Light Industrial Zoning Districts to CP Commercial Pedestrian District, to allow commercial uses on a 0.81 gross acre site.  CEQA:  GP 2020 EIR.  (Planning, Building, and Code Enforcement, Director)
* Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

            C 03-013 - District 6

11.7          Public Hearing on planned development rezoning of the property located at 5502 Monterey Highway.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the easterly side of Monterey Highway, approximately 100 feet southerly of Blossom Hill Road (5502 Monterey Highway), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow an approximately 5,150 square foot stockroom expansion to an existing retail building on approximately 9.15 gross acres.  (Pan Pacific Realty Corporation, Owner; Wal-Mart Stores, Inc., Developer).  CEQA:  Exempt.
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

            PDC 02-085 - District 2

·                   Open Forum

·                   Adjournment