SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
APRIL 6, 2004
|
LINDA J. LE ZOTTE |
DISTRICT 1 |
|
KEN YEAGER |
DISTRICT 6 |
|
FORREST WILLIAMS |
DISTRICT 2 |
|
TERRY O. GREGORY |
DISTRICT 7 |
|
CINDY CHAVEZ |
DISTRICT 3 |
RON GONZALES MAYOR |
DAVID D. CORTESE |
DISTRICT 8 |
|
CHUCK REED |
DISTRICT 4 |
|
JUDY CHIRCO |
DISTRICT 9 |
|
NORA CAMPOS |
DISTRICT 5 |
|
PAT DANDO, VICE MAYOR |
DISTRICT 10 |
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
1:30 p.m. - Regular Session, Council Chambers, City Hall
7:00 p.m. - Public Hearings, Council Chambers, City Hall
General Plan Hearings,
Council Chambers, City Hall
· Invocation (District 4)
Father Steven Brown, Star of the Sea 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
recommended to be added, dropped, or deferred are usually approved
under Orders of the Day unless the Council directs otherwise.
* See New Item 1.5, Presentation
of a commendation to the 341st Military Police Army
Reserve Company based in San Jose.
1.1 Presentation of a proclamation declaring the month of April, “Month of the Young Child.” (Chirco)
1.2 Presentation of a proclamation declaring the week of April 4-10, 2004 as “Building Safety Week.” (Planning, Building and Code Enforcement)
1.3 Administer Oath of Office to District 6 Youth Commissioner. (Mayor)
TO BE HEARD IN THE EVENING
*1.4 Presentation of a commendation to Captain Dave Churchill of the City of San José Fire Department for his dedication and perseverance in rescuing a three year old boy in Boulder Creek. (Mayor)
(Rules in Lieu referral 4/1/04)
TO
BE HEARD IN THE EVENING
*1.5 Presentation of a commendation to the 341st Military Police Army Reserve Company based in San Jose. (Dando)
(Orders of the Day)
TO
BE HEARD IN THE EVENING
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: Final adoption of ordinances:
(a) ORD. NO. 27103 – Amends Section 4.01.010 of Chapter 4.01, and amends Sections 4.04.010 and 4.04.020 of Chapter 4.04 of the San José Municipal Code to increase the authority of the City Manager to accept donations and to approve sponsorship agreements in order to implement the City’s Revenue Generating Policy.
Recommendation: Adoption of a resolution authorizing the City Attorney to execute a legal services agreement with Nossaman Guthner Knox & Elliott LLP, for a total compensation not to exceed $200,000. CEQA: Not a Project. (Boards of Administration for the Police & Fire Department Retirement Plan)
* Recommendation:
(a) Acceptance of the status report on the Hayes Mansion.
(b) Adoption of the following appropriation ordinance amendments in the Community Facilities Revenue Fund:
(1) Decrease the Reserve for Hayes Capital Improvements by $151,164;
(2) Establish an appropriation for Hayes Mansion Repair and Capital Improvements in the amount of $151,164;
CEQA: Not a Project. (City Manager’s Office/Finance)
* Recommendation:
(a) Approval of award of open purchase order for landscaping maintenance services to Coast Landscaping Management, Inc., in the amount of $520,400, and authorization for the Director of General Services to execute the purchase order. (General Services)
(b) current item
(Deferred from 3/30/04 - Item 2.6)
* Recommendation: Adoption of a resolution granting an easement to the Santa Clara Valley Water District (SCVWD) over a portion of the future Cilker Park for the purpose of providing ingress and egress to the adjacent percolation pond, and delegating authority to the Director of General Services to execute all documents necessary to complete transfer of the Easement. CEQA: Mitigated Negative Declaration, PP03-03092. May 5, 2003. Council District 9. (General Services)
Recommendation: Adoption of a resolution authorizing the City Manager to execute:
(a) An agreement between the City of San José and Cayenta Canada, Inc., for software maintenance and upgrade services on the Citywide Financial Management System in the amount of $64,140, and the first year of support and maintenance agreement for Cayenta Financials Version 7 and Actuate eReporting Bundle in the amount of $43,214 and $11,457 respectively, for a total first year cost of $118,811; and
(b) Renewals of these agreements for maintenance services and enhancements without further City Council approval other than the appropriation of funding.
CEQA: Not a Project. (Information Technology/Finance)
Recommendation: Adoption of the following appropriation ordinance and funding sources resolution amendments in Council District 3 Construction and Conveyance Tax Fund to:
(a) Establish the Selma Olinder Park Project for $100,000, appropriated to the Parks, Recreation and Neighborhood Services Department.
* (b) Increase the Grant Earned Revenue estimate by $80,000.
(c) Decrease the ending fund balance by $20,000.
CEQA: Negative Declaration, PP00-10-147. Council District 3. SNI: Five Wounds. (Parks, Recreation and Neighborhood Services/City Manager’s Office)
Recommendation: Adoption of the following appropriation ordinance amendments in the Council District 2 Construction and Conveyance Tax Fund:
(a) Establish the Avenida Espana Park Project for $30,000 to the Parks, Recreation and Neighborhood Services Department; and
(b) Decrease the Ending Fund Balance by $30,000.
CEQA: Exempt, PP04-03-060. Council District 2. (Parks, Recreation and Neighborhood Services/City Manager’s Office)
Recommendation: Approval of the first and second amendments to the Parkland Agreement with the Irvine Company Moitozo Ranch Planned Development Rezoning No. PDC99-04-034 for additional private recreation credits. CEQA: Resolution No. 67894, December 15, 1998. Council District 4. (Parks, Recreation and Neighborhood Services)
* Recommendation: Adoption of a resolution to:
(a) Initiate proceedings to consider the Wilder-Hait House as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.
(b) Set a public hearing on June 1, 2004, 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.
CEQA: Exempt, File No. HL04-150. Council District 6. (Planning, Building and Code Enforcement)
* Recommendation:
(a) Approval of an ordinance amending Part 2, Chapter 13.48 of Title 13 of the San José Municipal Code to provide procedures for the establishment of Conservation Areas; and
(b) Adoption of a resolution amending the Schedule of Fees and Charges to establish a $700 fee for Conservation Area designation applications.
CEQA: Exempt, PP04-02-054. (Planning, Building and Code
Enforcement)
RENUMBERED TO 4.10
TO BE HEARD IN THE EVENING
Recommendation:
(a) Adoption of a resolution to accept the State of California, Office of Traffic Safety (OTS) 2003-05 Seat Belt Compliance grant in the amount of $99,714, and authorize the City Manager to execute the related grant agreement.
(b) Adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the General Fund (Fund 001) for Fiscal Year 2003-04:
(1) Increase the City-wide OTS 2003-05 Seat Belt Compliance grant appropriation for the Police Department in the amount of $48,731;
(2) Increase Earned Revenue Estimate from the State by $48,731.
CEQA: Not a Project. (Police/City Manager’s Office)
Recommendation: Report on bids and award of contract for street lights for the Lenzen-Keeble and White Road Project to the low bidder, San José Signal Electric Construction Inc., in the amount of $144,745, and approval of a contingency in the amount of $14,475. CEQA: Exempt, PP01-02-023. Council Districts 5 and 6. (Public Works)
Recommendation: Report on bids and award of contract for the Lower Silver Creek Sanitary Sewer Realignment Project to the low bidder, K. J. Woods Construction, Inc., in the amount of $614,000, and approval of a contingency in the amount of $61,400. CEQA: Exempt, PP03-09-287. Council District 5. SNI: Mayfair. (Public Works)
* Recommendation:
(a) Report on bids and award of contract for the Plata Arroyo Park Skate Facility Project to the lowest responsive bidder, Robert A. Bothman, Inc., to include the base bid and Add Alternate Nos. 2 and 3 in the amount of $408,461, and approval of a contingency in the amount of $38,000.
(b) Adoption of the following appropriation ordinance amendments in the Park Trust Fund:
(1) Increase the Plata Arroyo Park Skate Facility Project by $108,000;
(2) Decrease the Plata Arroyo Park Improvements Project by $102,000;
(3) Decrease the Reserve for Future PDO/PIO Projects by $6,000.
CEQA: Exempt, PP03-08-251. Council District 5. SNI:
Gateway East. (Public
Works/Parks, Recreation and Neighborhood Services/City Manager's
Office). RECOMMEND DEFERRAL TO
4/13/04
Recommendation: Adoption of a resolution authorizing
the City Manager to negotiate and execute an agreement with
Santa Clara Valley Transportation Authority for the assignment
of operation and maintenance responsibilities associated with
the completion of the Light Rail Transit Corridors (1996
Measure B). CEQA: Not a Project. Council Districts 3, 4, 5,
and 6. SNI:
Park/Delmas, East Valley/680.
(Transportation)
* Recommendation: Adoption of a resolution authorizing the City Attorney to negotiate and execute a second amendment to the agreement for specialized legal services with the law firm of Shaw Pittman, LLP, to increase the compensation by $65,000, to a total amount not to exceed $150,000, and to extend the term through June 30, 2005. (City Attorney’s Office)
(Rules in Lieu referral 4/1/04)
*
Recommendation: Approval of appointments
to the Silicon Valley Workforce Investment Network (WIN) Board.
(Mayor)
(Rules in Lieu referral 4/1/04)
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review April 6, 2004 Draft Agenda
(2) Add New Items to March 30, 2004 Amended Agenda
· Mayor and Council Member Requests
· City Manager Requests
· City Attorney Requests
· City Clerk Requests
(3) List of Reports Outstanding
(c) Legislative Update
(1) State
(2) Federal
(d) Meeting Schedules
(1) Request to Schedule Airport Study Session
(e) The Public Record
(f) Appointment to Boards, Commissions and Committees
(g) Rules Committee Reviews, Recommendations and Approvals
(1) City Manager’s written report on the San José Family Camp Manager hiring process
(2) Request to initiate a street renaming of West Virginia Street, west of Interstate 280 to its terminus at Hannah Street, to Hannah Court
(3) Request to place an audit of the Family Camp Program on the City Auditor’s FY 2005-06 work plan
(h) Oral communications
(i) Adjournment
Council
Member Campos, Chair
Recommendation: Adoption of a resolution:
(a) Declaring results of the March 2, 2004 Municipal Election pursuant to Elections Code Section 15400; and,
(b) Calling for a Run-Off Election to be held November 2, 2004, setting a deadline of August 3, 2004 for ballot measures to be added to the ballot, and authorizing the City Clerk to take such actions necessary to facilitate the Election.
(Acting City Clerk)
(Deferred from 3/23/04 – Item 3.4 and 3/30/04 – Item 3.7)
* Recommendation: PUBLIC HEARING for property owner Sharon L. McDonald and adoption of a resolution confirming the report of the Directors of Finance and Transportation on the cost of sidewalk repairs, confirming the assessments contained in the report, and directing the recording of liens. CEQA: Not a Project. (Finance/Transportation)
(Deferred
from 3/30/04 - Item 3.4)
* RECOMMEND
DEFERRAL
* Recommendation: Adoption of a resolution supporting the reappointment of Dolores Huerta to the University of California Board of Regents. (Cortese, Chavez, Campos; Mayor)
(Rules
in Lieu referral 4/1/04)
Attachment
Council
Member Chavez, Chair
Council
Member Williams, Chair
Summary
(a) Status of the top four Economic Development Strategy Initiatives
(b) Update and next steps for the North San José Development Policy Revision
(c) Report and discussion on secondary units
SEE ITEM 4.3 FOR COUNCIL ACTION TO BE TAKEN
(d) Oral petitions
(e) Adjournment
* Recommendation: Direction to the City Attorney to draft an ordinance in accordance with parameters set by the City Council for a second unit ordinance. (Housing/Planning, Building and Code Enforcement)
[Driving a Strong Economy Committee referral 3/22/04 – Item 4.2(c)]
Recommendation: Approval of an ordinance amending
the San José Municipal Code by adding a new Chapter 4.06 and
amending Section 4.12.117, adding Section 4.12.118 to Chapter
4.12 and amending Sections 4.13.135 and 4.13.040 of Chapter
4.13 of Title 4 to establish contracting preferences for local
and small businesses. (City
Attorney’s Office). RECOMMEND DEFERRAL TO 4/13/04
Proposed
Recommendation:
(a) Adoption of appropriation ordinance and funding source resolution amendments in the General Fund as follows:
(1) Establish an appropriation in the Department of Parks, Recreation and Neighborhood Services for the Animal Shelter Facility Expansion in the amount of $1,000,000.
(2) Increase the Estimate for Revenue from Local Agencies by $1,000,000.
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute agreements for animal services with the cities of Cupertino, Los Gatos, and Saratoga in the following annual compensation for operating costs and one time capital contribution for a term of 20 years, commencing July 1, 2004, and subject to termination provisions:
(1) Cupertino, $166,000 per annum and $500,000 capital;
(2) Los Gatos, $164,000 per annum and $300,000 capital; and
(3) Saratoga, $155,000 per annum and $300,000 capital.
CEQA: Negative Declaration, H01-003. (Parks, Recreation and Neighborhood Services/City Manager’s Office)
Recommendation: Adoption of a resolution:
(a) Determining that public use and necessity require the acquisition of a portion of the property and a temporary construction easement over adjacent property located at 380 N. White Road (APN 599-01-057), owned by the Timothy Chen Revocable Trust;
(b) Finding that:
(1) The property to be taken is necessary for the completion of the White Road Widening Project from Mabury Road to McKee Road;
(2) The proposed project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury;
(3) City staff established an amount of just compensation not less than the approved appraisal of the fair market value;
(4) City staff presented an offer to the owners for the full appraised amount; and
(5) The proposed taking and use are authorized by law;
(c) Directing the City Attorney to file an eminent domain action to acquire the above property interests.
CEQA: Negative Declaration, PP03-11-355. Council District 5. (Public Works)
Recommendation: Approval of an ordinance amending Section 4.46.050 of Chapter 4.46 of Title 4 of the San José Municipal Code to:
(a) Clarify the industrial use designation for buildings or structures subject to collection of Building and Structure Construction Taxes;
(b) Add certain industrial uses to the expanded list for the purpose of collecting Building and Structure Construction Taxes;
(c) Clarify the procedures to collect taxes for building permits that are issued separately for building shell and the first tenant improvements.
CEQA: Not a Project. (Planning, Building and Code Enforcement/Economic Development)
(Deferred from 3/30/04 – Item 4.5)
Recommendation:
(a) Adoption of the following appropriation ordinance and funding sources resolution amendments in the General Fund:
(1) Increase the City-Wide appropriation for the Coyote Valley Specific Plan by $2,000,000; and
(2) Increase the estimate for Other Revenue by $2,000,000.
(b) Take the following actions in regard to the preparation of the Coyote Valley Specific Plan:
(1) Approval of a consultant agreement with the Dahlin Group land planning and urban design team to prepare the Coyote Valley Specific Plan, Design Guidelines, and Zoning Districts for an amount not to exceed $2,000,000.
(2) Delegate the authority to approve minor amendments to the consultant agreement to the Director of Planning, Building and Code Enforcement to account for increases in funding received from Coyote Housing Group, LLC and minor schedule or task changes that are necessary to conform to the City Council’s Vision and Expected Outcomes for the Coyote Valley Specific Plan, and delegate to the Director the authority to extend the term of this agreement for up to 12 months to ensure the successful completion of this planning effort.
CEQA: Exemption, PP03-06-211. Council District 2. (Planning, Building and Code Enforcement)
(Deferred
from 3/30/04 – Item 4.6)
RECOMMEND DEFERRAL TO 4/31/04
* RECOMMEND
DEFERRAL TO 4/13/04
Recommendation:
(b) Review and discussion on the memorandum authored by Council Members Terry O. Gregory and Cindy Chavez regarding the Employment Lands Conversion Framework.
(Deferred from 3/30/04 - Item 4.7)
Recommendation:
* (a) Approval of an ordinance amending Chapter 13.48 of Title 13 of the San José Municipal Code to provide procedures for the establishment of Conservation Areas; and
(b) Adoption of a resolution amending the Schedule of Fees and Charges to establish a $700 fee for Conservation Area designation applications.
CEQA: Exempt, PP04-02-054. (Planning, Building and Code Enforcement)
TO BE HEARD IN THE EVENING
Council
Member Yeager, Chair
Council
Member Cortese, Chair
* Recommendation: Adoption of a resolution authorizing
the City Manager to negotiate and execute a concession agreement
with Host International, Inc., for a non-exclusive food and
beverage operation in Terminal A at the Norman Y. Mineta San
José International Airport, for the period July 1, 2004 to June
30, 2009, with guaranteed minimum revenues to the City in the
amount of $1,033,754, from the date that Host commences operations
through the end of the term, or a percentage of gross sales,
whichever is greater. CEQA: Resolution Nos. 67380 and 71451,
PP04-03-068. (Airport)
Supplemental
AC
· 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:
|
Tract |
Location |
Council District |
Developer |
Lots/ Units |
Type |
Proposed Decision |
|
9507 |
South Michelango Drive, 100 ‘ west of Strata Circulara |
8 |
Shappell Industries |
49 units |
SFD |
Approve |
|
9508 |
Southeast corner of Aborn Road and Voltaire Street |
8 |
Shappell Industries |
65 units |
SFA |
Approve |
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.
(To be heard by the City Council at 7:00 p.m.)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Alum Rock Avenue, approximately 200 feet southwesterly of 34th Street (1629 Alum Rock Avenue), from R-2 Two-Family Residence Zoning District and CG Commercial General Zoning District to A(PD) Planned Development Zoning District, to allow a radio station use on a 0.33 gross acre site. (Dolores M. Viera and S. Batista, Owner). CEQA: Exempt. SNI: Five Wounds/Brookwood Terrace.
PDC 03-090 - District 5
(Continued from 3/16/04 – Item 11.10)
RECOMMEND CONTINUANCE TO 4/20/04
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the south side of The Alameda, approximately 90 feet westerly of Newhall Street (2115 The Alameda), from CO Commercial Office, CN Commercial Neighborhood, and R-1-8 Residence Zoning District to CP Commercial Pedestrian Zoning District, for commercial uses on a 1.14 gross acre site. (Care Access Silicon Valley, Owner). CEQA: Resolution No. 65459.
C
04-015 - District 6
*Director of Planning, Building and Code Enforcement recommends
approval. No Planning
Commission action required.
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the northeasterly side of San Felipe Road, approximately 450 feet southerly of Aborn Road (3320 San Felipe Road), from A Agricultural Zoning District to R-1-5 Residence Zoning District, to allow residential uses on a 1.7 gross acre site. CEQA: Use of San José 2020 General Plan Resolution No. 65459.
C
04-021 - District 8
*Director of Planning, Building and Code Enforcement recommends
approval. No Planning
Commission action required.
(To be heard by the City Council at 7:00p.m.)
CONTINUATION
OF GENERAL PLAN PUBLIC HEARINGS FROM
MARCH 16, 2004
Notice to the
public: There will be no separate discussion of General Plan Consent
Calendar (Item 12.1) 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 General Plan Consent Calendar (Item 12.1) and considered
separately.
(a) PUBLIC HEARING ON GENERAL PLAN AMENDMENTrequest to change the Land Use/Transportation Diagram designation from Light Industrial to General Commercial for property located on the southwest corner of West Hedding Street and Coleman Avenue (879 Coleman Avenue) on a 0.45-acre site. (Pinn Brothers, Inc., Owner/Pinn Brothers Construction, Inc., Applicant). CEQA: Mitigated Negative Declaration, GP03-03-18. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1; Platten Absent).
[Deferred from 3/16/04 – Item 12.1(c)]
Recommendations:
(a) PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park to Medium Density Residential (8-16 DU/AC) for property located on the southwest corner of Oakland Road (1803 Oakland Road) and Rock Avenue on a 13.7-acre site. (Orchard Property, LLC, Owners/Tom Armstrong, HMH, Applicant). CEQA: Resolution No. 04-017, GP03-04-01. Director of Planning, Building and Code Enforcement recommends denial and Planning Commission recommends approval with Preference for park on-site (5-2-0; Levy & Zito Opposed).
(Continued from 4/15/03 - Item 1.5 and 11/18/03 - Item 1.2)
(b) PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING from HI Heavy Industrial Zoning District to A(PD) Planned Development Zoning District to allow up to 107 single-family detached residences on a 13.7-gross acre site, located on the southwest corner of Oakland Road (1803 Oakland Road) and Rock Avenue. (Orchard Property LLC, Owner; Summerhill Homes, Developer). CEQA: Resolution No. 04-017, PDC03-068. Director of Planning, Building and Code Enforcement recommends approval with one acre park on site with a frontage road and Planning Commission recommends approval as proposed by the applicant (4-2-1; Levy & Zito Opposed, James Absent).
PDC03-068 - District 4
[Continued
from 3/16/04 – Item 12.2(a)(b)]
Supplement
Attachment A
Attachment B
Recommendation: Adoption of a resolution approving all General Plan amendment actions taken on March 16, 2004. (Planning, Building and Code Enforcement)
(Continued from 3/16/04 – Item 12.4)
· Open Forum
· Adjournment
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