SAN JOSE CITY COUNCIL

MEETING AMENDED AGENDA

NOVEMBER 6, 2001

Link to Welcome Letter

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On occasion the City Council may consider agenda items out of order.

 

  • Call to Order and Roll Call

9:30 a.m. - Closed Session, Room 600, City Hall

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 10)

* Father Paul Weisbeck, Holy Spirit Church

  • Pledge of Allegiance
  • Orders of the Day

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

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

THE 2001 ANNUAL REVIEW OF THE GENERAL PLAN WILL TAKE PLACE AT 7:00 P.M. AS PART OF THE CITY COUNCIL’S EVENING SESSION; PLEASE REFER TO THE SEPARATE AGENDA FOR SCHEDULED ITEMS.

* See New Item 1.2, Presentation of a commendation to The Children’s Discovery Museum of San José.

 

1 CEREMONIAL ITEMS

* 1.1   Presentation of a commendation to the Sikh Gurdwara of San José for raising over $150,000 to assist families and victims of the terrorist attacks on September 11, 2001.  (Cortese/Reed)

            TO BE HEARD IN THE EVENING

* 1.2  Presentation of a commendation to The Children’s Discovery Museum of San José on receiving the National Award for Museum and Library Service, and for their dedication to the community.  (Chavez)

            (Orders of the Day)

 

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.

2.2 Final adoption of ordinances.

 * Recommendation:  Final adoption of ordinances:

  (a)   ORD. NO. 26500 – Rezones certain real property situated at the northeast corner of North Capitol Avenue and McKee Road.  C 01-09-092

2.3 Approval of open purchase orders for the purchase of supplies, materials, equipment, and services.

Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #11, and authorization for the Director of General Services to execute the purchase orders. (General Services)

* 2.4 Approval to re-allocate existing project resources and amend agreement with Acuent, Inc. to increase compensation.

Recommendation: Approval of reallocation of existing project resources for the first amendment to the consulting services agreement with Acuent, Inc. for the upgrade of the Human Resources/Payroll System to increase compensation by $54,000, for a total contract amount not to exceed $951,200; the amendment will result in reallocating funds from an existing consultant agreement and other project resources with no increase to the total project budget.

(Finance/Human Resources/Information Technology)

* RECOMMEND DEFERRAL TO 11/13/01

2.5 Approval of intention to vacate a portion of Silver Creek Road between Yerba Buena Road and Silver Creek Valley Road.

Recommendation: Adoption of a resolution of intention to vacate the roadway easement along Silver Creek Road between Yerba Buena Road and Silver Creek Valley Road, reserving a public service easement over the area, and setting a public hearing on November 27, 2001 at 1:30 p.m. Council District: 8. CEQA: Resolution No. 61784. (Public Works)

2.6 Approval to award a contract for the Municipal Rose Garden West Irrigation Renovation Project.

Recommendation:

(a) Report on bids and award of contract for the Municipal Rose Garden West Irrigation Renovation Project to the low bidder, Boulder Rock Landscape Construction, Inc., in the amount of $198,656, and approval of a contingency in the amount of $20,000.

(b) Adoption of the following appropriation ordinance amendments:

(1) in the Council District 6 Construction Tax and Property Conveyance Tax Fund to increase the Rose Garden Irrigation - West project by $69,000, and decrease the Ending Fund Balance by $69,000.

(2) in the Citywide Construction Tax and Property Conveyance Tax Fund to increase the Rose Garden Irrigation - West Plans and Specs project by $21,000, and decrease the Ending Fund Balance by $21,000.

Council District: 6. CEQA: Exempt. (Public Works/City Manager’s Office)

* 2.7 Nominations to the Metcalf Community Advisory Committee.

  Recommendation:  Approval of the nominations to the Metcalf Community Advisory Committee.  (Mayor)

            (Deferred from 10/30/01 – Item 2.11)

* RECOMMEND DEFERRAL TO 11/13/01

 

3 STRATEGIC SUPPORT SERVICES

3.1 Report of the Study Session

Mayor Gonzales, Chair

3.2 Report of the Rules Committee – October 24, 2001

Vice Mayor Shirakawa, Jr., Chair

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

(b) City Council

(1) Review November 6, 2001 Draft Agenda

(a) Additions

(2) Add New Items to October 30, 2001 Amended Agenda

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

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

(d) Meeting Schedules

(1) Proposed 2002-2003 City and Redevelopment Agency Budget Calendar

(e) The Public Record for the period September 26-October 16, 2001

(f) Boards, Commissions and Committees

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

(h) Administrative Reviews and Approval

(i) Oral communications

(j) Adjournment

* Meeting of October 31, 2001

            (d) Meeting Schedules

 

3.3 Report of the Finance and Infrastructure Committee – October 24, 2001

Council Member Dando, Chair

(a) Consent Items

(1) September Monthly Report

(2) Findings Report on Bay 101 Conditional Approval of Stock Transfer Agreement for Quarter Ending June 2001

(b) Semi-annual Recommendation Follow-up for Six Months

(c) Annual Debt Report

* SEE ITEM 3.4 FOR COUNCIL ACTION TO BE TAKEN

(d) Unfunded Projects Appropriation Report

(e) Annual Capital Project Status Report

(f) Fire Department Strategic Plan Audit

(g) Monthly Financial Statement for Agency

(h) Capital Cost Report for Agency

(i) Cash Flow Projection for Agency

(j) Proposed Tax Allocation Bond Sale for Agency

Redevelopment Agency items (g-j) reported out at Redevelopment Agency meeting

(k) Oral petitions

(l) Adjournment

* 3.4 Presentation of the Annual Debt Report

   Recommendation:  Presentation on the Annual Debt Report.  (Finance)

            [Finance and Infrastructure Committee referral 10/24/01 – Item 3.3(c)]

 

4 ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1 Report of the Economic Development & Environment Committee

Council Member Williams, Chair

4.2 Approval to initiate proceedings to consider various properties as historic landmarks.

Recommendation: Adoption of a resolution to:

(a) Initiate proceedings to consider 1645 The Alameda, 1146 Randol Street, and 99 Notre Dame Avenue as landmarks of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.

(b) Setting a public hearing on January 22, 2002, at 1:30 p.m.

(c) Refer the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report and recommendation.

Council Districts 3 and 6. (Planning, Building and Code Enforcement)

 

5 RECREATION & CULTURAL SERVICES

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

Council Member Chavez, Chair

5.2 Approval to amend the Park Impact and Parkland Dedication Ordinances.

Recommendation:

(a) Approval of an ordinance amending Chapters 14.25 (Park Impact Ordinance) and 19.38 (Parkland Dedication Ordinance) of the San Jose Municipal Code in order to eliminate the exemption for the Downtown Core Area.

(b) Adoption of a resolution establishing a transition period for residential projects in the Downtown Core Area subject to the Park Impact Ordinance.

Council District 3. SNI: St. James Square/Washington. CEQA: Exempt. (Parks, Recreation and Neighborhood Services)

TO BE HEARD IN THE EVENING

5.3 Approval to reduce parking fees charged at the City’s regional parks for seniors, veterans, and qualified people with disabilities.

* Recommendation:  Council direction on either option:

(a) Adoption of a resolution amending Resolution No. 70419 to:

(1) Reduce parking fees charged at the City’s regional parks for seniors, veterans, and qualified people with disabilities at four specific regional parks: Almaden Lake Park, Alum Rock Park, Kelley Park, and Lake Cunningham Park.

(2) Set a rate of $2.00 per vehicle and establish a reduced fee for the same qualified individuals for the purchase of 10-visit and annual passes, $15.00 and $30.00 respectively, effective November 11, 2001.

(b) Adoption of a resolution amending Resolution No. 70419 to:

(1) Provide for free parking at the City’s regional parks for seniors, veterans, and qualified people with disabilities on a trial basis, for November 11 and 18, 2001, at four specific regional parks: Almaden Lake Park, Alum Rock Park, Kelley Park, and Lake Cunningham Park.

(2) Refer the matter back to the Parks and Recreation Commission and the Disability Advisory Commission for its consideration at a public hearing, report and recommendation.

(3) Direction to staff to report back to Council on November 20, 2001 with feedback from the Parks and Recreation Commission and the Disability Advisory Commission and information on the trial basis program.

(Parks, Recreation and Neighborhood Services)

 

6 TRANSPORTATION SERVICES

6.1 Approval to award a contract for the Hope Street Improvement Project.

* Recommendation: Report on bids and award of contract for the Hope Street Improvement Project to the low bidder, RGW Construction, Inc, in the amount of $578,074, and approval of a contingency in the amount of $87,000. Council District: 4. CEQA: Exempt. (Public Works)

 

7 ENVIRONMENTAL & UTILITY SERVICES

 

8 AVIATION SERVICES

* 8.1 Council action on renaming the San José International Airport.

Recommendation: Acceptance of the Airport Commission's response on renaming the San José International Airport to honor Norman Y. Mineta and Council action on either option:

(a) Forming a task force, as recommended by the Airport Commission, to study how to appropriately honor Mr. Mineta in some fashion at the Airport; or

(b) Direction to staff to proceed with considering the renaming of the Airport the "Norman Y. Mineta San José International Airport."

(Airport)

 

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 resolutions by the City Council and Redevelopment Agency Board relative to the Civic Center Plaza Project and Civic Center Relocation Measure I Recertification.

Recommendation: 

(a)  Adoption of resolutions by the City Council and Redevelopment Agency Board approving fiscal actions relative to the Civic Center Plaza Project:

 (1)  Adoption of resolutions by City Council and Agency Board approving the first amendment to the cooperation agreement between the City and Agency relative to the Civic Center Project providing for the repayment of the Agency by the City for the Civic Center site and Civic Center garage site;

(2) Adoption of a resolution by the Agency Board approving the following adjustments to the Agency’s Five Year CIP :

(a) Approving the shift of $4,000,000 from Civic Plaza - Land Acquisition project line to the Capital Reserve; and,

(b) Approving the shift of $5,850,000 from Adopted FY2001-2002 Capital Budget for the Civic Plaza Infrastructure project line in the Civic Plaza Redevelopment area to the Capital Reserve; and

(c) Approving the shift of $3,320,000 from Adopted Five Year CIP FY2002-2003 for the Civic Plaza Infrastructure project line in the Civic Plaza Redevelopment area to the Capital Reserve; and,

(d) Approving the shift of $3,320,000 from Adopted Five Year CIP FY2003-2004 for the Civic Plaza Infrastructure project line in the Civic Plaza Redevelopment area to the Capital Reserve; and,

(3) Adoption of a resolution by the Agency Board amending the FY 2001-2002 Agency appropriations resolution to reflect the above adjustments.

(City Attorney’s Office)

(Deferred from 9/25/01 – Item 10.1 et al., and 10/30/01 – Item 10.1)

(b) Adoption of a resolution recertifying that the proposed new Downtown City Hall conforms to Measure I as approved by the voters on November 5, 1996.  

(Finance)

* 10.2  City and Agency positions on the Open Space Authority ballot measure.

  Recommendation:  Approval of the City and Agency positions on the Open Space Authority ballot measure.  (Mayor)

            (Deferred from 10/23/01 – Item 3.5 and 10/30/01 – Item 10.2)

* ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

 

  • Closed Session Report
  • Notice of City Engineer’s Pending Decision on Final Maps
  • 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 at South Bascom and Moorpark Avenues.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Bascom and Moorpark Avenues, from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow an office/classroom building up to a maximum of 80,000 square feet on 1.55 gross acres. (The Rajkovich 1992 Revocable Trust, The Martin Rajkovich 1992 Revocable Trust, Owner; Green Valley Corporation, Developer).

PDC 01-03-043 - District 6

(Continued from 10/16/01 – Item 11.6)

RECOMMEND CONTINUANCE TO 11/20/01

11.2 Public Hearing on conforming prezoning at Curtner Avenue.

Recommendation: PUBLIC HEARING ON CONFORMING PREZONING of the property located on the south side of Curtner Avenue approximately 750 feet easterly of Highway 87, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 535 single-family and multi-family attached dwelling units on 60.2 gross acres. (MTA Properties, Owner; Summerhill Homes, Developer). CEQA: Negative Declaration.

PDC 01-01-001 - District 7

(Continued from 10/16/01 – Item 11.7)

RECOMMEND CONTINUANCE TO 11/20/01

11.3 Public Hearing on planned development rezoning at Cypress Avenue and Judro Way.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at east side of Cypress Avenue, approximately 100 feet northerly of Judro Way, from R-M Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to seven single-family attached residential units on 0.5 gross acre. (E & H 1st FLP, Owner; Emily Chen, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 99-06-052 - District 1

11.4 Public Hearing on planned development rezoning of South King and Virginia Place.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of South King and Virginia Place (415 South King Road), from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow the construction of a 2,100 square foot drive-through restaurant and related site improvements (including the demolition of an existing 1,210 square foot drive-through restaurant and a single-family residence) on 0.70 gross acre. (Ampelio and Maria Meza, Owner/James Ikeda, Developer). CEQA: Exempt. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 00-09-085 - District 5

11.5 Public Hearing on planned development rezoning at Coastland Avenue.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Coastland Avenue, approximately 80 feet south of Lincoln Court (2166 Coastland Avenue), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to five single-family detached residential units on 1.02 gross acres. (Mike Chen, Coastland Villa LLC, Owner/Developer). CEQA: Negative Declaration.

PDC 00-12-127 - District 6

RECOMMEND CONTINUANCE TO 11/20/01

11.6 Public Hearing on planned development rezoning at Avalani Avenue and Luby Drive.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of Avalani Avenue, at the westerly terminus of Luby Drive, from R-M Residence Zoning District to A(PD) Planned Development Zoning District, to allow five single-family detached residences (court homes) on 0.373 gross acre. (Discount Realty, Owner/Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 01-03-042 - District 5

11.7 Public Hearing on planned development rezoning of Cypress and Adra Avenues.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Cypress Avenue, approximately 300 feet northerly of Adra Avenue, from R-M Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to three single-family detached residential units on 0.2 gross acre. (Tony Motamedi, Owner/Developer). CEQA: Exempt. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 01-04-057 - District 1

11.8 Public Hearing on planned development rezoning of Jackson and North 7th Street.

Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Jackson Street and North 7th Street, from the LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow 166 single-family attached dwelling units on 8.2 gross acres. (Mariani Packing Partners, Owner; Pulte Home Corporation, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 01-03-049 - District 3

11.9 Public Hearing on conforming planned development rezoning at North First Street and Component Drive.

Recommendation: PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the west side of North First Street and both sides of Component Drive, from IP(PD) Zoning District to A(PD) Planned Development Zoning District, to allow a height increase from 90 to 105 feet for research and development uses on 40.92 gross acres. (BEA Systems, Inc., Owner/Developer). CEQA: Resolution No. 60197. Director of Planning, Building, and Code Enforcement recommends approval.

PDC 01-08-083 - District 4

  • Open Forum
  • Adjournment