SAN JOSE CITY COUNCIL

MEETING AMENDED AGENDA

January 30, 2001

 

 

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

3:00 p.m. - Special Joint Council/Redevelopment Agency Session, Council Chambers, City Hall

Invocation (District 1)


Students from Baker School, Bitsey Stark, Principal

 

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 10.1 AND 10.2 ARE TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

THERE WILL BE A JOINT CITY COUNCIL/SAN JOSÉ FINANCING AUTHORITY MEETING FOLLOWING THE REGULAR SESSION OF THE COUNCIL MEETING.

THERE WILL BE A SPECIAL CLOSED SESSION JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY AT 3:00 P.M. OR IMMEDIATELY FOLLOWING THE COUNCIL AND REDEVELOPMENT AGENCY MEETINGS.

*See Item 2.14, Approval to establish a project fund and to provide funding for the Route 87 Landscaping Project.

*See Item 5.2, Approval to establish project funds and to provide funding for additional staffing for the Branch Libraries and Parks and Recreation Bond Projects.

1 CEREMONIAL ITEMS


1.1 Presentation of plaques to Brendan Nwachukwu for 7 years 3 months service on the Advisory Commission on Rents; to Gerardo Aguilar for 4 years service on the Housing Advisory Commission; to Deborah Wade for 4 years service on the Housing Advisory Commission; and to Laura Winter for 3 years 7 months on the San José Appeals Hearing Board. (Mayor)

*1.2 Presentation of a commendation to Jim Reber, Executive Director, Greater San Jose Inner Games, for providing exceptional leadership to the program.  (Shirakawa, Jr.)

(Rules Committee referral 1/24/01)

*RECOMMEND DEFERRAL TO 2/6/01

2 CONSENT CALENDAR


Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, staff, or public requests discussion on a particular item, that item will be removed from the Consent Calendar and considered separately.

 

2.1 Final adoption of Ordinance 26196.

Recommendation: ORD. NO. 26196 – Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.

[Deferred from 9/19/00 – Item 6b(4) et al., and 1/16/01 – Item 2.5]

*RECOMMEND DEFERRAL TO 2/6/01 TO BE HEARD WITH ITEM 10.1(a)

2.2 Final adoption of Ordinance 26197.

Recommendation: ORD. NO. 26197 – Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment Project Areas and making certain findings.

[Deferred from 9/19/00 – Item 6b(5) et al., and 1/16/01 – Item 2.6]

*RECOMMEND DEFERRAL TO 2/6/01 TO BE HEARD WITH ITEM 10.1(b)

2.3 Final adoption of Ordinance 26282.

Recommendation: ORD. NO. 26282 – Adds a new Section 23.02.215 to Chapter 23.02 of Title 23 of the San José Municipal Code to define a flat roof-top sign, and amends various Sections of Chapter 23.04, all of Title 23, to allow certain flat-mounted and flat roof-top signs on large buildings downtown, to allow skyline signs on certain buildings located downtown, and to allow certain signs on buildings adjacent to freeway off-ramps downtown.

2.4 Final adoption of Ordinance 26283.

Recommendation: ORD. NO. 26283 – Rezones certain real property situated on the northeast corner of Alum Rock Avenue and José Figueres Avenue. PDC 99-12-096

2.5 Final adoption of Ordinance 26284.

Recommendation: ORD. NO. 26284 - Rezones certain real property situated on the southeast corner of Stevens Creek and Winchester Boulevards to A(PD) Planned Development. PDCSH 00-09-095

2.6 Final adoption of Ordinance 26285.

Recommendation: ORD. NO. 26285 - Rezones certain real property situated on the southwest corner of Stevens Creek Boulevard and San Tomas Expressway. PDCSH 00-08-079

2.7 Approval to purchase trucks for Park Maintenance.

Recommendation: Report on bids and award the purchase of five (5) 4,800-pound pickup trucks for the Department of General Services’ Park Maintenance to the low bidder, Melrose Ford, at a total cost of $78,364.05, including tax, and authorize the Director of General Services to execute the purchase order for:

(a) The immediate purchase of five (5) units; and

(b) Subsequent purchase of additional units at the same bid price, for one (1) year, without further Council action other than the appropriation of necessary funds.

(General Services)

2.8 Approval to amend the agreement and increase compensation for Citywide hiring and training consulting services.

Recommendation: Approval of a continuation agreement with Cooperative Personnel Services for professional consultant services related to Citywide hiring and training, increasing compensation by $111,000, from $175,000 to $286,000, and extending the term of the agreement from December 31, 2000 to December 31, 2001. (Human Resources)

2.9 Approval to initiate proceedings to establish a parking management zone for the Alum Rock Village area.

Recommendation:

(a) Adoption of a resolution initiating proceedings for an ordinance amending Chapter 20.90 of Title 20 of the San José Municipal Code to establish a parking management zone for the Alum Rock Village area;

(b) Setting a public hearing on March 6, 2001 at 7:00 p.m.; and,

(c) Referring the ordinance to the Planning Commission for its recommendation and comments.

(Planning, Building and Code Enforcement)

2.10 Approval to reject bids for the Old Oakland Road Storm Drain Pump Station Project.

Recommendation: Approval to reject all bids for the construction of the Old Oakland Road Storm Drain Pump Station Project, and authorization for the Director of Public Works to have the project advertised and rebid. CEQA: Exempt. (Public Works)

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

Recommendation: Acceptance of the Fourth Quarter 2000 San José Arena Authority Ticket Distribution Program Report. (San José Arena Authority)

*2.12 Extension of Ordinance No. 22128, granting a cable television franchise.

Recommendation:  Adoption of an urgency ordinance to extend the period for acceptance of an extension of Ordinance No. 22128, granting a cable television franchise.

Informational memo regarding status on negotiations regarding renewal of cable television franchise.

(City Attorney's Office)  (Rules Committee referral 1/24/01)

*2.13 Approval to change the size and composition of the San Jose Taxicab Advisory Team.

Recommendation:  Approval to amend the size and composition of the San Jose Taxicab Advisory Team as follows:

(a) Increase the total membership from 15 to 17 members to allow for one additional owner and one additional driver representative; and

(b) Appoint a representative of the Airport Commission to serve as a customer representative on the Team in lieu of the Downtown Business Association.

(City Manager's Office)

(Rules Committee referral 1/24/01)

*2.14 Approval to establish a project fund and to provide funding for the Route 87 Landscaping Project.

Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in the Building and Structure Construction Tax Fund to provide funding for the Route 87 Landscaping project in the amount of $150,000.  (City Manager's Office)

(Orders of the Day)

 

3 STRATEGIC SUPPORT SERVICES


3.1 Report of the Study Session, Mayor Gonzales, Chair

3.2 Report of the Rules Committee – January 17, 2001

Vice Mayor Shirakawa, Jr., Chair

(a) Redevelopment Agency

(1) Review January 30, 2001 Draft Agenda

(2) Add New Items to January 23, 2001 Amended Agenda

(b) City Council

(1) Review January 30, 2001 Draft Agenda

(2) Add New Items to January 23, 2001 Amended Agenda

(c) Review of Committee Workplans

(1) Rules/Agency Rules Committee

(2) Finance and Infrastructure Committee

(3) Economic Development and Environment Committee

(4) Education, Neighborhoods, Youth, and Seniors Committee

(5) Ad Hoc Traffic Calming Advisory Committee

(d) Meeting Schedules

(e) The Public Record

(f) Request to use Council General Funds by Council Member Dando for attendance at the League of California Cities’ Transportation, Communications and Public Works Policy Committee Meeting in San Diego, CA, November 15-17, 2001

(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee

(h) Oral communications

(i) Adjournment

3.3 Report of the Finance and Infrastructure Committee

Council Member Dando, Chair

3.4 Approval of an agreement for the removal and installation of engine monitoring and generator control panels at the Water Pollution Control Plant.

Recommendation: Report on Request for Quotation and award of contract for Removal and Installation of Engine Monitoring and Generator Control Panels to Telstar Inc., for a total cost of $475,700, including tax, and authorize the Director of General Services to execute the contract and approve a $25,000 contingency fund. (General Services)

3.5 Appoint Redistricting Advisory Commission.

Recommendation: Appointment of Redistricting Advisory Commission Members. (Mayor)

 

4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT


4.1 Report of the Economic Development & Environment Committee

Council Member Williams, Chair

4.2 Approval of various financial actions related to the El Paseo Studios Housing Project.

Recommendation: Approval of the following actions related to the El Paseo Studios Housing Project:

(a) Hold the TEFRA Hearing for the issuance of up to $10,000,000 in tax-exempt multifamily housing revenue bonds.

(b) Adoption of a resolution:

(1) Expressing its intent to issue up to $10,000,000 in multifamily tax-exempt revenue bonds to finance the construction of a 98-unit rental housing project located at the southeast corner of Hamilton and Campbell Avenues.

(2) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $10,000,000 in private activity bonds.

(3) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with El Paseo Apartments, L.P., an affiliate of First Community Housing (the "Sponsor"), for the CDLAC Application for the Project.

(Housing/Finance)

*DROP

4.3 Approval of various financial actions related to the Immanuel Housing Project.

Recommendation: Approval of the following actions regarding the Immanuel Housing Project:

(a) Hold the TEFRA Hearing for the issuance of up to $5,000,000 in tax-exempt multifamily housing revenue bonds.

(b) Adoption of a resolution:

(1) Expressing its intent to issue up to $5,000,000 in multifamily tax-exempt revenue bonds to finance the construction of a 63-unit senior rental housing project located between Leigh and Richmond Avenues, south of Moorpark Avenue.

(2) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $5,000,000 in private activity bonds.

(3) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with 1710 Moorpark, L.P., an affiliated entity of The Corporation for Better Housing, for the CDLAC Application for the Project.

(Housing/Finance)

4.4 Approval of various financial actions related to the Lenzen Affordable Housing Project.

Recommendation: Approval of the following actions regarding the Lenzen Affordable Housing Project:

(a) Hold the TEFRA Hearing for the issuance of up to $9,000,000 in tax-exempt multifamily housing revenue bonds.

(b) Adoption of a resolution:

(1) Expressing its intent to issue up to $9,000,000 in multifamily tax-exempt revenue bonds to finance the construction of an 88-unit family rental housing project located on the south side of Lenzen Avenue, 210 feet west of Stockton Avenue.

(2) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $9,000,000 in private activity bonds.

(3) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with Lenzen Housing, L.P., or an affiliated entity of Core Development, for the CDLAC Application for the Project.

(Housing/Finance)

4.5 Approval of various financial actions related to the Roberts Avenue Senior Housing Project.

Recommendation: Approval the following action regarding the Roberts Avenue Senior Housing Project:

(a) Hold the TEFRA Hearing for the issuance of up to $10,000,000 in tax-exempt multifamily housing revenue bonds.

(b) Adoption of a resolution:

(1) Expressing its intent to issue up to $10,000,000 in multifamily tax-exempt revenue bonds to finance the construction of a 100-unit senior rental housing project located at 1442 Roberts Avenue, San José, CA.

(2) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $10,000,000 in private activity bonds.

(3) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with Bridge Housing Corporation, or an affiliated entity, for the CDLAC Application for the Roberts Avenue Senior Housing Project.

(Housing/Finance)

*DROP

4.6 Approval of actions related to the Sixth and Martha Street Apartments (Phase II) Senior Housing Project.

Recommendation: Approval of the following actions regarding the Sixth and Martha Street Apartments (Phase II) Housing Project:

(a) Hold the TEFRA Hearing for the issuance of up to $9,000,000 in tax-exempt multifamily housing revenue bonds.

(b) Adoption of a resolution:

(1) Expressing its intent to issue up to $9,000,000 in multifamily tax-exempt revenue bonds to finance the construction of an 88-unit family rental housing project located on the west side of Sixth Street, north of Bestor Street.

(2) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $9,000,000 in private activity bonds.

(3) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with 985 South Sixth St. Associates, L.P., an affiliate of JSM Enterprises, for the CDLAC Application for the Project.

(Housing/Finance)

4.7 Approval of various financial actions related to the Villages Parkway Senior Apartments Housing Project.

Recommendation: Approval of the following actions regarding the Villages Parkway Senior Apartments Housing Project:

(a) Hold the TEFRA Hearing for the issuance of up to $7,000,000 in tax-exempt multifamily housing revenue bonds.

(b) Adoption of a resolution:

(1) Expressing its intent to issue up to $7,000,000 in multifamily tax-exempt revenue bonds to finance the construction of a 79-unit senior rental housing project located at the northeast corner of The Villages Parkway and Ashley Way.

(2) Authorizing the Director of Housing to file an application with CDLAC for an allocation of up to $7,000,000 in private activity bonds.

(3) Authorizing the Director of Housing to negotiate and execute a Deposit and Escrow Agreement with Villages Parkway Associates, L.P, or an affiliated entity of JSM Enterprises, for the CDLAC Application for the Project.

(Housing/Finance)

*4.8 Acceptance of staff’s report on its ability and effort to personally contact each property owner impacted by the Hellyer Avenue Expansion Project.

Recommendation: Acceptance of staff’s report on its ability and effort to personally contact each property owner impacted by the acquisition of properties for the Hellyer Avenue Expansion Project.  CEQA: Resolution No. 69699.  (Redevelopment Agency/Public Works)

(Referred from 1/16/01 – Item 4.3)

RENUMBERED TO 10.3

5 RECREATION & CULTURAL SERVICES


5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee

Council Member Chavez, Chair

5.2 Approval to establish project funds and to provide funding for additional staffing for the Branch Libraries and Parks and Recreation Bond Projects.

*Recommendation:  Adoption of appropriation ordinance and funding sources resolution amendments in various funds and approval of additional staffing for the Branch Libraries and Parks and Recreation Bond Projects in the amount of $9,325,300.  (City Manager's Office)

(Orders of the Day)

6 TRANSPORTATION SERVICES


6.1 Traffic Calming Advisory Committee (Ad Hoc)

Council Member Reed, Chair

 

7 ENVIRONMENTAL & UTILITY SERVICES


 

8 AVIATION SERVICES


8.1 Approval of an amendment to the Airport Master Plan.

Recommendation:

(a) Adoption of a resolution approving a Minor Amendment to the Airport Master Plan to modify the description and scheduling of terminal area development projects; and

(b) Approval of an ordinance amending Sections 25.04.310 and 25.04.440 of Parts 3 and 4 of Chapter 25.04 of the San José Municipal Code to make technical amendments to conform the description of terminal area improvements in the Master Plan to the Minor Amendments that have been approved to date, and to replace reference to "chapter" with "part" to clarify Council intent to obtain voter approval for amendment of the Airport Traffic Relief provisions specified in Part 4 of Chapter 25.04 of the Code.

CEQA: Resolution No. 67380. (Airport)

(Referred from 1/23/01 – Item 8.1)

*DROP

 

9 PUBLIC SAFETY SERVICES


 

10 JOINT COUNCIL/REDEVELOPMENT AGENCY


CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1 AND 10.2 IN A JOINT SESSION

10.1 Adoption of the Neighborhood Business Clusters Redevelopment Plan.

Recommendation:

(a) Adoption by the City Council of a response to written objections from property owners and taxing entities to the adoption of the Neighborhood Business Clusters Redevelopment Plan and the merger of the Neighborhood Business Clusters Redevelopment Plan into the San Jose Merged Area Redevelopment Plan.

(b) Final adoption of ORDINANCE NO. 26196 – Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.

TO BE HEARD WITH ITEM 2.1

(c) Final adoption of ORDINANCE NO. 26197 – Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment Project Areas and making certain findings

TO BE HEARD WITH ITEM 2.2

(Deferred from 9/19/00 – Item 11a et al., and 1/16/01 – Item 10.1)

*RECOMMEND DEFERRAL TO 2/6/01

10.2 Approval of a credit substitution and an Intercreditor Agreement for the Enclave Apartment Project.

Recommendation:

(a) Adoption of a resolution by the City Council:

(1) Approving the proposed credit substitution for the Enclave Apartment Project and authorizing the Director of Finance (or designee), on behalf of the City, to execute and deliver the necessary documentation.

(2) Approving in substantially final form, certain documents relating to the proposed credit substitution, including: Amended and Restated Loan Agreement, Amended and Restated Indenture of Trust, Amended and Restated Intercreditor Agreement (relating to the Bond Regulatory Agreement), and Intercreditor Agreement (relating to the Affordability Agreement).

(3) Authorizing the Director of Housing to accept the amount of $4,586,204 as payoff of the $5,696,000 City Loan.

(b) Adoption of a resolution by the Agency Board authorizing the Executive Director to execute an Intercreditor Agreement on behalf of the Agency.

(Housing/Finance)

10.3 Acceptance of staff's report on its ability and effort to personally contact each property owner impacted by the Hellyer Avenue Expansion Project.

*Recommendation:  Acceptance of staff's report on its ability and effort to personally contact each property owner impacted by the acquisition of properties for the Hellyer Avenue Expansion Project.  CEQA: Resolution No. 69699.

(Redevelopment Agency/Public Works)

(Referred from 1/16/01 - Item 4.3)

RENUMBERED FROM ITEM 4.8

ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

Closed Session Report


 

Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.


 

Adjournment


Adjourn to a joint meeting of the City Council/Redevelopment Agency/San José Financing Authority, followed by a Special Closed Session joint meeting of the City Council and Redevelopment Agency following the Redevelopment Agency meeting, and then adjourn to Thursday, February 1, 2001, at 5:30 p.m., San Jose McEnery Convention Center for the Mayor's State of the City address..

 

JOINT CITY OF SAN JOSÉ

CITY COUNCIL/FINANCING AUTHORITY

AGENDA

 

1:30 P.M. TUESDAY, JANUARY 30, 2001, COUNCIL CHAMBERS

 

1. Call to Order

2. Approval of various financial actions related to the Hayes Mansion Phase III Improvement and Refunding Project.

Recommendation:

*(a) Conduct a Public Hearing of the City Council concerning the approval of the proposed lease financing by the City and the City of San José Financing Authority related to the refinance of certain outstanding obligations, a portion of which the proceeds were used by the City to acquire and construct improvements to the Hayes Mansion and Edenvale Garden Park and to finance certain additional improvements to the Hayes Mansion, additional park improvements and a public parking facility at Edenvale Garden Park.

*(b) Adoption of a resolution by the City of San José Financing Authority authorizing the issuance of three series of lease revenue bonds in the initial aggregate principal amount not to exceed $50 million for the Series B & C taxable bonds, and $11 million for the Series D tax exempt bonds, in connection with financing and refinancing certain public capital improvements at the Hayes Mansion and Edenvale Garden Park, authorizing and directing execution of an Indenture of Trust and certain financing documents, authorizing the negotiation of the sale of bonds, approving the Official Statements and authorizing other related actions.

(c) Adoption of a resolution by the City Council:

(1) Authorizing and directing the execution of certain financing documents, including the Project Lease and other related documents and directing certain related actions in connection with financing for certain public capital improvements.

(2) Authorizing the City Manager to negotiate and execute an agreement with Stone & Youngberg, LLP for financial advisory services from January 1, 1999 until April 1, 2001, in an amount not to exceed $70,000.

*(3) Authorizing the City Attorney to negotiate and execute an agreement with Jones Hall, A Professional Law Corporation, for bond counsel services, in an amount not to exceed $85,500..

(d) Adoption of an ordinance by the City Council approving, authorizing, and directing the execution of a Project Lease in connection with the Hayes Mansion Phase III Improvement and Refunding Project.

(Finance)

(Deferred from 1/16/01 – Item 2)

3 Adjourn the San José Financing Authority