SAN JOSE CITY COUNCIL
MEETING AMENDED AGENDA
August 14, 2001
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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.
* Items marked with an asterisk
denote changes or additions to the previously published Agenda for this
meeting.
· Call to Order and Roll Call
9:30 a.m. - Closed Session, Room 600, City Hall
See Separate Agenda
* CANCELED
1:30 p.m. - Regular Session, Council Chambers, City Hall
7:00 p.m. - Public Hearings, Council Chambers, City Hall
· Invocation (District 7)
Ngoc Dzung, Vietnamese cultural music instrument player, playing Echos of the Motherland
· Pledge of Allegiance
· Orders of the Day
1.1 Presentation of plaques to Mildred Bloom for 4 years service on the Historic Landmarks Commission; to Mark Lazzarini for 4 years service on the Historic Landmarks Commission; to Winston Chew for 4 years service on the Library Commission; to Lillian Jones for 7 years service on the Library Commission; to Kathryn Joesten for 5 years service on the Parks and Recreation Commission; to Ann Marquino for 4 years service on the Parks and Recreation Commission; to Francisco Valenzuela for 1 year 7 months service on the Parks and Recreation Commission; to Don Blankenship for 4 years service on the Senior Citizens Commission; to Donice Wagner for 4 years service on the Senior Citizens Commission; to Henry Hekker for 3 years seven months service on the Traffic Appeals Commission; to Pedro Perales for 3 years 7 months service on the Traffic Appeals Commission; and to Sheri Stonier-Montoya for 4 years service on the Traffic Appeals Commission. (Mayor)
1.2 Swearing in of Youth Commissioners for Council Districts 4, 10, and Citywide. (Mayor)
TO BE HEARD IN THE EVENING
1.3 Presentation of an award by the American Heart Association to the Mayor and City Council. (Mayor)
TO BE HEARD IN THE EVENING
1.4 * Presentation from Congressman Mike Honda. (Mayor)
(Rules Committee referral 8/8/01)
Notice to the public: There will be no separate discussion of Consent Calendar items as they
are considered to be routine by the City Council and will be adopted by one
motion. If a member of the City
Council, staff, or public requests discussion on a particular item, that item
will be removed from the Consent Calendar and considered separately.
Recommendation: Approval of City Council Minutes for:
(a) Regular meeting of May 8, 2001
(City Clerk)
Recommendation: Approval to add positions, that expire on June 30, 2002, in the Department of Parks, Recreation and Neighborhood Services’ Community Based Aftercare Program. (City Manager’s Office)
Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund to rebudget funding from FY 2000-2001 for the acquisition of books project in the Library Department, in the amount of $621,000. (City Manager’s Office)
Recommendation: Approval of an agreement with Harding ESE, Inc. to operate, maintain, monitor, and provide regulatory reporting services for the groundwater treatment system at the closed Story Road landfill, for a term retroactive from April 1, 2001 through March 31, 2002, in an amount not to exceed $120,000. (Environmental Services)
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a cost sharing agreement with the Santa Clara Valley Water District for the implementation of water conservation programs, for the period July 1, 2001 to June 30, 2002. (Environmental Services)
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #3, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Recommendation:
(a) Adoption of a resolution authorizing the Director of General Services to execute an agreement with the Oakland Museum of California Conservation Lab for repair of the statue in an amount not to exceed $44,000; and
(b) Adoption of a resolution authorizing the Director of General Services to negotiate and execute associated contracts with other specialty vendors for the transportation, installation, and stabilization as necessary, not to exceed an additional $21,000, for a total project cost of $65,000.
(c) Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund in the amount of $65,000.
(General Services/City Manager’s Office)
Recommendation: Adoption of a resolution accepting a donation in the amount of $25,000 from Friends of the San José Public Library for the Library Summer Reading Club. (Library)
Recommendation: Approval of the proposed use of settlement funds in the amount of $190,000, for the historic preservation program, for several high priority preservation projects in the City. (Planning, Building and Code Enforcement/Historic Landmarks Commission)
* DROP
Recommendation: Adoption of a resolution initiating proceedings and setting September 11, 2001 at 1:30 p.m. for a public hearing on the reorganization of territory designated as McKee No. 119, which involves the annexation to the City of San José of 3.8 acres of land, located on the east side of North White Road, approximately 450 feet northerly of McKee Road, and the detachment of the same from the Central Fire Protection District, County Library Service Area No. 1, and County Lighting Services. CEQA: Exempt. Council District 5. (Planning, Building and Code Enforcement)
Recommendation: Adoption of a resolution initiating proceedings to consider the following properties as landmarks of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature, referring these proposed nominations back to the Historic Landmarks Commission for its recommendation, and setting a public hearing on October 2, 2001 at 1:30 p.m. for City Council consideration:
(a) Center for the Performing Arts, 241-271 Park Avenue
(b) Commercial Building, 22 N. First Street
(c) Knights of Columbus Building, 34-40 N. First Street
(d) Farmer’s Union Building, 151 W. Santa Clara Street
(e) Realty Building, 19 N. Second Street
(f) Masson Building, 161 W. Santa Clara Street
(g) Porter Stock Building, 85-91 S. First Street
(h) Sainte Claire Building, 301 S. First Street
(i) Rucker House, 418 S. Third Street
(j) Twohy Building, 200-210 S. First Street
(k) Anglo-California National Bank, 101 W. Santa Clara Street
(l) Pratt/Brackett House, 469 S. Third Street
(m) Stern/Fischer House, 132 Pierce Street
(n) W. Prussia Building, 371 S. First Street
(o) Wright/Bailey House, 312-314 S. Third Street
(p) Pritchard/Renzel House, 524 S. Almaden Avenue
(q) Sunol Building, 127-145 Post Street
(r) Costa & Miller Building, 520 S. First Street
Council District 3. (Planning, Building and Code Enforcement)
Recommendation: Adoption of a resolution declaring an 871 square foot portion of City-owned land, located on the south side of 8th Street between Keyes Street and Bestor Street, surplus to the needs of the City, and authorizing its sale to Jorge and Micaela Segura for $9,800. Council District 3. SNI: Spartan/Keyes. (Public Works)
Recommendation: Approval of an agreement with Scott and Donna Gillette, for the purchase of a 5,198 square foot strip of real property located at 3241 Williams Road in the amount of $88,700, and authorization for the Director of Public Works to execute the necessary documents to complete the transaction. CEQA: Exempt. Council District 1. SNI: Winchester. (Public Works)
Recommendation: Report on bids and award of contract for the Central Service Yard Emergency Generator Project to the low bidder, Steiny and Co., Inc., in the amount of $270,620, and approval of a contingency in the amount of $30,000. CEQA: ND. (Public Works)
(Deferred from 6/5/01 – Item 2.14 et al., and 8/7/01 – Item 2.3)
RECOMMEND DEFERRAL TO 8/21/01
Mayor Gonzales,
Chair
Vice Mayor
Shirakawa, Jr., Chair
* Meeting of August 8, 2001
(h) (3) League of California Cities - Appoint voting delegate and alternate for the 2001 Annual Business Meeting
Council Member
Dando, Chair
Recommendation: Adoption of an appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Fourth and San Fernando Public Art Project, the Prusch Park Construction Project, and the Story/Lido Sidewalk Replacement Project, with a net impact to the fund of $315,407, and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements. (City Manager’s Office)
Recommendation: First Public Hearing on proposed Redistricting. (City Clerk)
TO BE HEARD IN THE EVENING
Recommendation: Approval of audio broadcasting of Council Committees over the Web. (Information Technology)
[Finance and Infrastructure Committee referral 6/27/01 – Item 3.3(e)]
(Deferred from 8/7/01 – Item 3.8)
Council Member
Williams, Chair
Recommendation: Public hearing and adoption of a resolution:
(a) Approving a Disposition and Development Agreement (DDA) between the City of San José and Roberts Avenue, Inc., or its designated affiliate, for the acquisition and development of a 100-unit senior housing project on 2.13 acres of City-owned property, located on Roberts Avenue between Vintage Way and Mistflower Drive.
(b) Approving business terms for an acquisition loan in an amount not to exceed $2,277,222, a construction/permanent loan of up to $6,100,000 (which includes the acquisition loan of $2,277,222 and predevelopment loan of $625,000), and a conditional grant of up to $1,500,000 for the acquisition and development of the project.
(c) Authorizing the Director of Housing to negotiate and execute all necessary documents evidencing the subject DDA with Roberts Avenue, Inc., or its designee, including loans, deeds, and other related agreements on behalf of the City related to the housing development.
CEQA: ND. Council District 7. SNI: Spartan/Keyes. (Housing)
Recommendation: Approval of a sign remediation agreement with Eller Media Company to:
(a) Alter the height of billboards on the property located at the north side of State Highway 237, approximately 150 feet westerly of Gold Street, to allow two (2) existing billboard panels to be increased in height from approximately 34 feet to a maximum of 50 feet in height on 0.7 gross acre. CEQA: Negative Declaration.
BB 01-06-001 – District 5
(b) Alter the height of a billboard on the property located at the north side of Las Plumas Avenue, approximately 100 feet northeasterly of US Highway 101, to allow an existing billboard panel to be increased in height from approximately 28 feet to a maximum of 50 feet in height on 2.87 gross acres. CEQA: Negative Declaration.
BB 01-06-002 – District 4
(c) Remove five billboards.
(Planning, Building, and Code Enforcement)
(Deferred from 8/7/01 – Item 4.3)
RECOMMEND DEFERRAL TO 8/21/01
Recommendation: Report on bids, decision to proceed without further compliance with the City’s competitive bidding requirements, and award of contract for the Hensley Historic District, West San Carlos, and East Santa Clara Street Pedestrian Streetlighting Improvement Re-Bid Project to G.A.B. Construction, Inc. to include the base bid and Add Alternate Nos. 1, 2, and 3, in the amount of $1,366,800, and approval of a contingency in the amount of $136,000. CEQA: Exempt. Council Districts 3 and 6. SNI: 13th Street. (Public Works)
(Deferred from 8/7/01 – item 4.6)
Council Member
Chavez, Chair
Recommendation:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with the Children’s Discovery Museum of San José in a total amount not to exceed $336,800 for the purpose of completing miscellaneous public improvements. (Conventions, Arts and Entertainment)
(b) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Children’s Discovery Museum enhancements project with a net impact to the fund of $352,000, and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements. (City Manager’s Office)
Recommendation: Approval of an agreement with the San José Police Activities League (PAL) to design and construct a fitness center facility on the PAL Stadium property, owned by the City, expiring 36 months after the date of the full agreement execution, in an amount not to exceed $639,000. CEQA: Exempt. SNI: Mayfair II. (Parks, Recreation and Neighborhood Services)
Recommendation: Approval of a cooperation agreement with the City of Cupertino for Resurfacing De Anza Boulevard between Rainbow Drive and Prospect Road, in an amount not to exceed $175,000. (Transportation)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute Taxicab Concession Agreements with:
(a) United
Taxicab Corporation (United Cab) for Terminal A on-demand taxicab services at
the San José International Airport, with estimated annual revenues to the City
of $471,755, for a term of two years, with five 1-year options to extend the term
for a total of up to seven years at the City’s sole discretion; and
(b) Friendly Cab Co. Inc. dba Alpha Cab for Terminal C on-demand taxicab services at the San José International Airport, with estimated annual revenues to the City of $292,662, for a term of two years, with five 1-year options to extend the term for a total of up to seven years at the City’s sole discretion.
(Airport)
Recommendation: Report on bids and award of contract for the Improvement of the San José International Airport Pavement Repair 2001 Project to the low bidder, O’Grady Paving Inc., in the amount of $786,617.60, and approval of a contingency in the amount of $79,000. CEQA: Resolution No. 67380. (Public Works)
· 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.
(To be heard by the City Council at 7:00 p.m.)
Recommendation: PUBLIC HEARING ON AN ORDINANCE amending several sections of Title 20 of the San José Municipal Code to do all of the following: Alter the development regulations in Commercial and Residential Zoning Districts to include provisions requiring certain vehicle related uses to occur within fully enclosed buildings; require a Conditional Use Permit for uses without a permanent, fully enclosed building on-site in all Industrial Districts; allow for outdoor vending in the LI and HI Industrial Districts with an Administrative Permit; include “leasing of passenger vehicles” as a conditional use in the LI Industrial Zoning District; change “Construction/Corporation Yard” in the LI Industrial Zoning District from a permitted use to a conditional use; include a requirement that pay phones on private property be located on the same wall as the primary entrance to the use of the site; include an additional finding of three hundred and fifty (350) square feet maximum when considering an exception to the required parking for a one-family dwelling; include a standard condition for window glazing for ground floor retail commercial uses; include amortization provisions for legal nonconforming incidental dancing and music in public eating, and drinking establishments; reestablish provisions prohibiting residential uses that provide services to residents from providing such services to non-residents; correct typographical errors; and make other technical corrections. CEQA: Exempt. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (4-1-2). (Planning, Building, and Code Enforcement)
Citywide
* Recommendation:
(a) PUBLIC HEARING ON AN ORDINANCE amending Title 20 of the San José Municipal Code amending various Sections to include land use regulations and permit requirements related to electrical power generation facilities. CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1). (Planning, Building, and Code Enforcement)
Citywide
(b) Adoption of an urgency ordinance extending the term of Ordinance No. 26388 related to electrical power generation facilities through September 28, 2001. (City Attorney’s Office)
DROP (b) only
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the east side of North First Street, 250 feet southerly of Burton Avenue, from CN Neighborhood Commercial Zoning District to A(PD) Planned Development Zoning District, to allow a reduction in parking requirements for existing restaurant uses on 0.36 gross acres. (Cortese, Owner; Tafreshi, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC 01-02-013 - District 3
(Continued from 4/3/01 – Item 11.7 et al., and 6/19/01 – Item 11.5)
RECOMMEND CONTINUANCE TO 9/4/01
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Blackford Avenue and Saratoga Avenue, from RM Residence Zoning District to A(PD) Planned Development Zoning District, to allow an addition of up to 84 multi-family attached residential units to an existing apartment complex on 1.1 gross acres. (R&B Realty Group and Moreland School District, Owners; R&B Realty Group, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 00-09-089 - District 1
(Continued from 5/15/01 – Item 11.5 and 6/19/01 – Item 11.6)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Almaden Expressway and McAbee Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow the addition of a drive-through lane and pick-up window to an existing fast food restaurant on 5.31 gross acres. (Moitozo, Owner; Henley/McDonald’s, Developer). CEQA: Negative Declaration.
PDC 00-06-049- District 10
DROP
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located in the area generally bounded by North San Pedro, Devine, Terraine, and Bassett Streets, from LI Light Industrial and CG Commercial Zoning Districts to A(PD) Planned Development Zoning District, to allow up to 1,100,000 square feet of office space, and 12,000 square feet of ground level commercial space, in three office buildings and two parking garages on 6.5 gross acres. The Executive Director of the Redevelopment Agency, pursuant to Section 20.120.030 of the San José Municipal Code, has initiated rezoning of portions of the subject property not controlled by the applicant. (Brandenburg, Staedler & Moore, Owner; Legacy Partners Commercial, Developer). CEQA: Resolution to be adopted.
PDC 00-12-128 - District 3
DROP
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Capitol Expressway and Carpentier Way, from R-M(CL) Zoning District to A(PD) Planned Development Zoning District, to allow 3 single-family attached residential units on 0.3 gross acre. (Sunrise Realty, Owner; Louis Engineering Corporation, Developer). CEQA: Exempt. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 00-10-102 - District 7
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Monterey Road and Stauffer Boulevard, from HI Heavy Industrial Zoning District to A(PD) Planned Development Zoning District, to allow commercial and health club uses on 6.8 gross acres. (Green Valley Corporation, Owner; 1887 Monterey Road Partners, Developer). CEQA: Resolution No. 65459. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 00-10-108 - District 7
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT PREZONING of the property located at the east side of Ruby Avenue, approximately 50 feet northerly of Murillo Avenue, from County to A(PD) Planned Development Zoning District, to allow up to 22,570 square feet for a new church sanctuary and associated classrooms on 2.61 gross acres. (Young Nak Presbyterian Church c/o K.B. Chung, Owner/Developer). CEQA: Negative Declaration.
PDC 00-04-024 - District 8
RECOMMEND CONTINUANCE TO 9/4/01
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Meridian Avenue and Branham Lane, from CP-Commercial Zoning District to A(PD) Planned Development Zoning District, to allow the addition of a carwash facility at an existing gas station site on 0.53 gross acre. (Mehdi Medhipour/Chevron, Owner/Developer). CEQA: Negative Declaration.
PDC 00-08-069 - District 9
RECOMMEND CONTINUANCE TO 9/4/01
Recommendation: PUBLIC HEARING ON CONFORMING PREZONING of the property located at the west side of Woodard Road, 150 feet southerly of Starview Drive (15710 Woodard Road), from County to R-1-8 Residence Zoning District, to allow residential uses on 0.76 gross acre. (Glen Geisinger, Owner/Developer). CEQA: Exempt.
C 01-03-034 - District 9
RECOMMEND CONTINUANCE TO 8/21/01
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Seaboard and Channing Avenues (2585 Seaboard Avenue), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow additional commercial uses and an expansion of the existing motel use on 2.67 gross acres. (C. Gemma Hwang, Owner/Developer). CEQA: Resolution No. 60197. Director of Planning, Building and Code Enforcement and Planning Commission recommends approval (5-0-2).
PDC 00-08-074 - District 4
Recommendation: PUBLIC HEARING ON CITY COUNCIL-INITIATED REZONING of certain properties located within or adjacent to the Lincoln Avenue Neighborhood Business District, as shown on the San José 2020 General Plan Land Use/Transportation Diagram, which is generally bounded by Coe Avenue to the north and Minnesota Avenue to the south, and currently zoned CN Commercial Neighborhood, from CN Commercial Neighborhood Zoning District to CP Commercial Pedestrian Zoning District, to further implement the City’s pedestrian commercial and Neighborhood Business District goals and policies. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommends approval (5-0-2).
CC 01-07-070 - District 6
Recommendation: PUBLIC HEARING ON CITY COUNCIL-INITIATED REZONING of certain properties located within and adjacent to the Willow Street Neighborhood Business District, as shown on the San José 2020 General Plan Land Use/Transportation Diagram, which is generally bounded by Prospect Street to the east and Highway 87 (Guadalupe Parkway) to the west, and currently zoned CN Commercial Neighborhood, from CN Commercial Neighborhood Zoning District to CP Commercial Pedestrian Zoning District, to further implement the City’s pedestrian commercial and Neighborhood Business District goals and policies. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommends approval (5-0-2).
CC 01-07-071 - District 3
Recommendation: PUBLIC HEARING ON CITY COUNCIL-INITIATED REZONING of certain properties located within the West San Carlos-Stevens Creek Neighborhood Business District, as shown on the San José 2020 General Plan Land Use/Transportation Diagram, which is generally bounded by Lincoln Avenue to the east and Interstate 880 to the west, and within the City limits and currently zoned LI Light Industrial, CG Commercial General, CN Commercial Neighborhood, or CO Commercial Office from the current zoning to CP Commercial Pedestrian Zoning District, to further implement the City’s pedestrian commercial and Neighborhood Business District goals and policies. CEQA: Reuse of the San José 2020 General Plan EIR.
CC 01-07-072, -073, -074, -075, -076, -077, -078 - District 6
* DROP
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the southeast corner of Lincoln and Auzerais Avenues, from HI Heavy Industrial Zoning District to IP Industrial Park Zoning District, to allow office uses on 2.02 gross acres. (Gina Bortoli Test Trust, Owner; Wellington Corporation, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement recommends approval. No Planning Commission action required.
C 01-02-026 - District 6
Recommendation: PUBLIC HEARING ON CONFORMING PREZONING of the property located at the east side of Monterey Road, southerly of Fehren Drive, from County to CG General Commercial Zoning District, to allow commercial uses on 3.36 gross acres. (Kow-Loon Auto Sale, Inc., Owner & Developer). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 00-10-110 - District 7
· Open Forum
· Adjournment