SAN JOSE CITY COUNCIL

AMENDED AGENDA

MAY 6, 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

·                   Invocation (District 5)

            *Reverend Richard Rangel, First Apostolic Church of San José

            TO BE HEARD IN THE EVENING

·                   Pledge of Allegiance

·                   Orders of the Day

*          See New Item 1.9, Presentation of a commendation to Eden Housing Inc. TO BE HEARD IN THE EVENING

*          See New Item 2.12, Approval of City Attorney's travel.

*          See New Item 4.6, Approval of the release of Community Action Pride (CAP) funds.

*            Adjournment:  This meeting will be adjourned in memory of Bennie M. Delgado, father of San José Deputy Police Chief Dave Delgado.

            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     CEREMONIAL ITEMS

1.1            Presentation of a proclamation recognizing May 5-12, 2003, as National Historic Preservation Week.  (LeZotte)

1.2            Presentation of commendations recognizing the exemplary service of two individuals who have worked to preserve San José’s history as Historic Landmark Commissioners and activists, whose service to the City extended well beyond their tenure on the Commission.  (LeZotte)

1.3            Presentation of a proclamation recognizing May 2003 as Older American’s Month in the City of San José.  (LeZotte/Mayor)

1.4            Presentation of plaque to Donice Wagner for 1 year service on the Project Diversity Screening Committee.  (Mayor)

1.5            Presentation of commendations to The California Quake Wheelchair Rugby Team for taking Third Place in the most prestigious National Wheelchair Rugby Tournament in the country.  (LeZotte)

            TO BE HEARD IN THE EVENING

*1.6            Presentation of a commendation to Antioch Baptist Church and Dr. J. Alfred Smith Jr., in recognition of his recent appointment and installation as the Senior Pastor of this historic church.  (Chavez, Gregory)

            (Rules Committee referral 4/30/03)

            TO BE HEARD IN THE EVENING

*1.7            Presentation of a proclamation declaring May 2003, “Stroke Awareness Month.”  (Dando)

            (Rules Committee referral 4/30/03)

            TO BE HEARD IN THE EVENING

*1.8            Presentation of a commendation to the Youth Anti-Tobacco Collaborative.  (Campos)

            (Rules Committee referral 4/30/03)

            TO BE HEARD IN THE EVENING

*1.9            Presentation of a commendation to Eden Housing Inc. for receiving the 2002 Platinum Award for Best Smart Growth Community in the National Best in American Living Award Competition.  (Dando)

            (Orders of the Day)

            TO BE HEARD IN THE EVENING

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

•Regular meeting of September 3, 2002
•General Plan hearing of September 3, 2002

2.2              Final adoption of ordinances.

2.3              Approval of various actions related to grants for the Airport.

            Recommendation:  

            (a)        Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a grant from the Federal Aviation Administration to be used to acquire a fire truck for the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager’s contract authority.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-04-119.  (Airport)

            (b)        Adoption of a resolution authorizing the City Manager to apply for, and execute upon receipt, a series of grants with the Federal Aviation Administration, at such time or times as the grant monies are available in succeeding Federal Fiscal Years to be used to defray the cost of reconstruction of Taxiway Y at the Norman Y. Mineta San José International Airport, in an amount in excess of the City Manager’s contract authority. CEQA:  Resolution Nos. 67380 and 71451, PP 03-04-121. (Airport)

2.4              Acceptance of the Office of the City Auditor’s Monthly Report.

            Recommendation:  Acceptance of the Office of the City Auditor’s Monthly Report of Activities and Findings Through April 15, 2003.  (City Auditor)

2.5              Approval to amend an agreement related to the banquet facility.

            Recommendation:  Approval of the amended and restated Banquet Facility Agreement with the Rotary Club of San José for use of the banquet facility at the parking garage located at 44 South Fourth Street for no more than 50 Wednesdays and four optional events each year for 35 years. CEQA:  Exempt, PP03-04-129.  Council District 3.  SNI:  University.  (Conventions, Arts and Entertainment)

*RECOMMEND DEFERRAL TO 5/13/03

2.6              Approval of an agreement for office space for the Police Domestic Violence Unit.

            Recommendation:  Adoption of a resolution authorizing the City Manager to enter into a lease agreement with Westlake Development Company, Inc., for 4,913 rentable square feet of office space for the Police Domestic Violence Unit, at 125 E. Gish Road in San José, at a rental cost of $74,779.08 for the first year of the lease term.  CEQA:  Not a Project.  (General Services)

2.7              Approval of actions related to Franklin No. 50.

            Recommendation:  Adoption of a resolution initiating proceedings and setting May 27, 2003 at 1:30 p.m. as the date for Council consideration of the detachment from special District County Sanitation 2-3 of 16.25 acres of land, located on the south side of Tully Road approximately 500 feet easterly of 10^th Street, and generally bounded by the City of San José Annexations Monterey Park No. 5, Franklin 31, Franklin 4, and Franklin 17.  CEQA:  Resolution No. 71359.  Council District 7.  (Planning, Building and Code Enforcement)

2.8              Approval of various actions related to the Los Lagos Golf Course. 

            Recommendation:  Adoption of a resolution authorizing the Director of Public Works to execute an easement deed to Pacific Gas and Electric Company (PG&E) together with an acceptance of a quitclaim deed from PG&E for the relocation and underground installation of an electrical distribution line at Los Lagos Golf Course.  CEQA:  Exempt, PP03-04-101.  Council District 7.  (Public Works)

2.9              Approval to vacate an excess portion of the south side of Hedding Street.

            Recommendation:   Adoption of a resolution summarily vacating an excess portion of the south side of Hedding Street approximately 100 feet west of Park Avenue.  CEQA:  Negative Declaration, PDC00-107.  Council District 6.  (Public Works)

2.10          Approval of various actions related to the Municipal Rose Garden Renovation Project. 

            Recommendation:  Report on bids and take appropriate action based on the evaluation of bids for the Municipal Rose Garden Renovation Project.  CEQA:  Exempt, HP02-020.  Council Districts 6 and Citywide.  (Public Works)
*RECOMMEND DEFERRAL TO 5/20/03

2.11          Approval of an agreement for various park and recreation projects.

            Recommendation:  Approval of the third amendment to the agreement with Beals Alliance, Inc. for consultant services for various park and recreation projects, extending the agreement term from June 5, 2001 to December 31, 2004, and increasing compensation by $200,000, from $800,000 to $1,000,000.  CEQA:  Negative Declaration, PP 00-10-147.  Council Districts 3 and Citywide.  (Public Works)

2.12            Approval of City Attorney's travel.

*          Recommendation:  Approval of City Attorney Richard Doyle's travel to Washington, D.C., to meet with the Federal Aviation Administration on May 4-5, 2003.  Funding:  Airport.  (City Attorney's Office)

            (Orders of the Day)

*          4.4       Change to read:  "Adoption of a resolution:

            (a)        Rescinding the current ….

            (b)        Approving a replacement …

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – April 23, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review May 6, 2003 Draft Agenda

                        (2)            Add New Items to April 29, 2003 Agenda

                        (3)            List of Reports Outstanding

            (c)            Legislative Update

                        (1)            State

                                    (a)            Approve staff’s proposed recommendation on Assembly Constitutional Amendment 7 (Dutra) and Senate Constitutional Amendment 2 (Torlakson) regarding local transportation taxes

                        (2)            Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

                        (1)            Request to discuss the San José Arts Commission’s recommendation to City Council on budget strategies as reflected in the San José Arts Commission Position Paper on Support for the Arts

            (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

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee – April 21, 2003

            Summary
Council Member Chavez, Chair

            (a)        Review of Driveway Team Policies

            (b)        Input on PRNS Reorganization

            (c)        Draft SNI Business Plan presentation

            (d)        Update on “Policy on Prioritization of Trail Projects”

            (e)        Oral petitions

            (f)         Adjournment

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

4.3              Public Hearing and adoption of the 2003-2004 Draft Consolidated Plan Annual Action Plan.

            Recommendation:  Public Hearing and adoption of 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)

4.4              Approval of various actions related to identification signs.

            Recommendation:  

            (a)        Rescind the current Council Policy 9-3, prohibiting the installation of community identification signs other than those of a historical nature; and

            (b)        Adoption of a replacement policy based on the proposed guidelines and criteria, as amended from those set forth in the supplemental memo to City Council dated February 12, 2003, allowing community identification signs and architectural/gateway monuments (Community Signs) within the public right-of way.

            CEQA:  Exempt, PP02-06-137.  (Planning, Building and Code Enforcement)

4.5              PUBLIC HEARING on the designation of 128 Pierce Avenue as a landmark.

            Recommendation:  PUBLIC HEARING on the designation of 128 Pierce Avenue as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.  CEQA:  Exempt, PP03-03-074.  SNI:  Market/Almaden.  (Planning, Building, and Code Enforcement)

            HL 03-147 – District 3

            RECOMMEND CONTINUANCE TO 6/3/03

4.6            Approval of the release of Community Action Pride (CAP) funds.

*            Recommendation:  Approval of the release of $309,716 in Community Action Pride (CAP) Grant monies for Cycle 17 and $296,191 in Neighborhood Revitalization funds to be dispersed through the CAP process to Strong Neighborhoods Initiative (SNI) neighborhood groups.  CEQA:  Exempt, PP03-04-141.  (Parks, Recreation and Neighborhood Services)

            (Orders of the Day)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

6.2            Discussion of the FY 2002-2003 Slurry Seal Projects by Council District.

*Recommendation:  Discussion of the FY 2002-2003 Slurry Seal Projects by Council District.  (Transportation)

            (Council referral from 4/29/03 – Item 6.2)

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Approval of various actions related to Integrating Customer, Management, and Billing Systems.

            Recommendation:  Acceptance of the report on the status of the development of a Request for Proposal (RFP) for a Utility Billing System that integrates Customer Service and Hauler Contract Management for Recycle Plus and the Municipal Water System.  CEQA:  Not a Project.  (Environmental Services/Finance/Information Technology)

*            RECOMMEND DEFERRAL TO 5/13/03

AtTACHMENT B -- CUSP Conceptual Model

aTTACHMENT C -- CUSP SUB-PROJECTS

ATTACHMENT D -- CUSP Strategic Analysis

ATTACHMENT E -- High-level Functionality for Phase One of CUSP

ATTACHMENT F -- RFP Process Sub-project Timeline

7.2              Approval of various actions related to the Santa Clara Valley Water District.

*            Recommendation:  

            (a)        Acceptance of the Quarterly Status Report for the cooperative efforts between the City of San José (City) and the Santa Clara Valley Water District (District).

            (b)       Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement to extend the initial term of the agreement between the City of San José and the Santa Clara Valley Water District entitled, “South Bay Water Recycling Reimbursement Agreement for Development and Utilization of Nonpotable Recycled Water” to cover a continuous period of eight years, from July 1, 1997 through June 30, 2005.

            (Environmental Services/Parks, Recreation and Neighborhood Services/Planning, Building and Code Enforcement/Public Works/Transportation)
*RECOMMEND DEFERRAL TO 5/20/03

7.3            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)

            (Deferred from 3/18/03 – Item 7.1 et al., and 4/29/03 – Item 7.1)

7.4            Approval of action regarding San José Water Company.

            Recommendation:  Approval of the following agreements with San José Water Company:

            (a)        Approval of a ten-year system-wide repairs agreement with San José Water Company, in a total amount not to exceed $250,000 per year with a guaranteed cost savings of at least 10% (percent) over the existing FY 2002-03 contract, and contingent upon the annual appropriation of funds.  CEQA:  Exempt, PP85-8-183 and PP91-07-173.

            (b)        Approval of a ten-year agreement for technical consulting services with San José Water Company from June 1, 2003 through May 31, 2013, in a total amount not to exceed $50,000 per year and contingent upon the annual appropriation of funds.  CEQA:  Not a Project.  Council Districts 2, 4, 7, and 8.

            (Environmental Services)

            (Rules Committee referral 4/30/03)

*            RECOMMEND DEFERRAL TO 5/20/03

7.5            Approval to award a contract for a project at the San José/Santa Clara Water Pollution Control Plant.

Recommendation:  Report on bids and award of contract for the construction project entitled, "San José/Santa Clara Water Pollution Control Plant (Plant), FY 2002/2003 Capital Improvement Program; East Primary Tanks Effluent Channel Repair Project," to the low bidder, Anderson Pacific Engineering Construction, Inc., in the amount of  $613,600; and approval of a contingency in the amount of $92,000, for a total not to exceed amount of $705,600.  CEQA:  Exempt, PP01-03-052.  (Environmental Services)

            (Deferred from 4/29/03 – Item 7.2)

8     AVIATION SERVICES

9     PUBLIC SAFETY SERVICES

9.1              Approval of various actions related to the Independent Police Auditor’s 2002 Annual Report to City Council.

            (a)        Presentation of the 2002 Independent Police Auditor’s Annual Report to City Council.  (Independent Police Auditor)

            (b)        Response to the recommendations contained in the 2002 Independent Police Auditor’s Annual Report.  (Police)

            TO BE HEARD IN THE EVENING

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

10.1            Approval of payment to Education Revenue Augmentation Fund

*            Recommendation: 

            (a)        Adoption of a resolution by the City Council reporting to the County Auditor that the Redevelopment Agency intends to fund the Educational Revenue Augmentation Fund payment in the amount of $5,219,335; and,

            (b)        Approval of a loan agreement from the City's Sewer Service and Use Charge Capital Improvement Fund to the Agency in the amount of $5,219,335 for the purpose of paying the State-mandated Educational Revenue Augmentation Fund.

            (City Manager's Office/Redevelopment Agency)

            (Rules Committee referral 4/30/03)

10.2            Approval of a cooperation agreement between the Redevelopment Agency and the City for the loan of an Agency employee to the City on a temporary basis.

*            Recommendation:  Approval of a cooperation agreement specifying the terms and conditions of the loan and employment of an Agency Senior Project Manager to the City as a temporary employee.  (City Manager's Office/Redevelopment Agency)

            (Rules Committee referral 4/30/03)

·                   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:

            None.

            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 the annexation of Franklin No. 49.

            Recommendation:  PUBLIC HEARING and adoption of a resolution authorizing the reorganization of territory designated as Franklin No. 49, which involves the annexation to the City of San José of 3.8 gross acres of land, located at the southeast corner of Monterey Road and Fehren Drive, and the detachment of the same from the appropriate special districts including Santa Clara County Lighting Service Area, Central Fire Protection District, and County Service Area–1 (County Library Service Area).  CEQA:  Exempt, Franklin No. 49.  Council District 7.  (Planning, Building and Code Enforcement)

11.2          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 4/15/03 – Item 11.1)
*RECOMMEND CONTINUANCE TO 5/20/03

11.3          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 and 4/15/03 – Item 11.2)

            DROP

11.4          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

            (Continued from 4/15/03 – Item 11.5)
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

11.5          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 on the northeast corner of West San Carlos Street and Meridian Avenue on a 1.08 gross acre site in the CG General Commercial Zoning District, to allow twenty-four hour operation of a retail store and drive-through pharmacy and associated modifications to the site (Walgreens).  (Alfred and Madelyn Benzo, Owner/Developer).  CEQA:  Exempt.

            CPA 95-037-01 - District 6

            RECOMMEND CONTINUANCE TO 5/20/03

11.6          Public Hearing on planned development rezoning of 5350 Monterey Road.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the easterly side of Monterey Highway, approximately 950 feet northerly of Blossom Hill Road (5350 Monterey Rd.), from LI Light Industrial District to A(PD) Planned Development Zoning District, to allow up to 15 affordable multi-family attached, residential units on a 0.45 gross acre site.  (Ebrhim Kaabipour, Owners; Eden Housing, Inc., Christine Benguiat, Developer).  CEQA:  Mitigated Negative Declaration.

            PDC 03-002 - District 2

 *Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

·                   Open Forum

·                   Adjournment