SAN
JOSE CITY COUNCIL
AND
GENERAL
PLAN AMENDED AGENDA
DECEMBER 2, 2003
|
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 |
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
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 (Mayor)
Pastor Susan Bagley, Revival Strategies International
· Pledge of Allegiance
· Orders of the Day
Items
recommended to be added, dropped, or deferred are usually approved
under Orders of the Day unless the Council directs otherwise.
1.1 Presentation of a commendation to Girl Scout Troop 1053. (Gregory)
TO BE HEARD IN THE EVENING
1.2 Presentation of plaques and gift certificates to the Crossing Guards who were injured in the line of duty. (Mayor)
1.3 Presentation of a commendation to Dave McPherson, of the City Auditor’s Office, for receiving the Bruno Marchetti Award. (Reed)
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 September 23, 2003
(b) Joint Council/Redevelopment Agency meeting of September 23, 2003
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 27018 – Amends Chapter 23.04 of Title 23 of the San José Municipal Code to establish regulations for skyline signs and roof signs in the Edenvale Industrial Redevelopment Area.
(b) ORD. NO. 27019 – Prezones certain real property situated at the south side of Curtner Avenue, approximately 630 feet westerly of Bascom Avenue, to A(PD) Planned Development Zoning District. PDC 03-046
(c) ORD. NO. 27020 – Prezones certain real property situated at the east side of Ruby Avenue, approximately 780 feet northerly of Murillo Avenue (2430 Ruby Avenue) to R-1-2 Single Family Residence Zoning District. C 01-032
(d) ORD. NO. 27021 – Rezones certain real property situated at the southeast corner of Story Road and Adrian Way to CP Commercial Pedestrian Zoning District. C 03-058
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #7, and authorization for the Director of General Services to execute the purchase orders. CEQA: See memo for CEQA designation(s). (General Services)
Recommendation: Adoption of a resolution authorizing the Director of General Services to:
(a) Review natural gas prices and availability on an ongoing basis;
(b) Assess the feasibility of purchasing natural gas from alternate sources; and
(c) Execute agreements with Pacific Gas and Electric for the purchase of natural gas in support of facilities and operations throughout the City; without further Council approval other than the appropriation of funds.
CEQA: Not a Project. (General Services)
Recommendation: Adoption of a resolution:
(a) Declaring said 3,502 square feet foot portion of now City-owned land, located on the west side of Clark Street, between Willow Street and Dorothy Avenue (APN 434-02-079), surplus to the needs of the City; and
(b) Authorizing its sale to Reyes and Diane Palacios (the adjoining property owner) for one hundred forty thousand dollars ($140,000).
CEQA: Exempt, PP99-06-018. Council District 4. (General Services)
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a consultant agreement with the consulting firm of MGT of America to update both the 1989 Senior Needs Assessment and the 1994 Aging Master Plan into one document called the San José and County Aging Services Strategic Plan in the amount not to exceed $215,000, for the period from date of execution to one-year post execution date. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
Recommendation: Adoption of a resolution initiating proceedings and setting December 16, 2003 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Cambrian No. 32, which involves the annexation to the City of San José of 1.83 acres of land more or less consisting of one parcel approximately 1.00 acre located at the south side of Curtner Avenue, approximately 630 feet westerly of South Bascom Avenue, and includes a portion of right-of-way of Curtner Avenue and South Bascom Avenue totaling 0.83 acre, located approximately between 300 feet east of Joseph Avenue and the intersection of Curtner and South Bascom Avenues, and between the intersection of Curtner and South Bascom Avenues and Lyle Lane, and generally bounded by the City of San José Annexations Cambrian Nos. 11, 25, 28, 7, 17, 5, 10, and 12-A, Camden Nos. 1, and 2, and Foxworthy No. 3, and the detachment of the same from West Valley Sanitation District, Santa Clara County Lighting Services, Central Fire Protection District, and Santa Clara County (Library Services) Area No.1. CEQA: Mitigated Negative Declaration, PDC03-046. Council District 9. (Planning, Building and Code Enforcement)
Recommendation: Adoption of a resolution to vacate Old Bayshore Highway, west of North 13th Street, and set a public hearing on January 13, 2004 at 1:30 p.m. CEQA: Exempt, PP03-02-043. Council District 4. (Public Works)
Recommendation: Approval of a second amendment to the agreement with Callander Associates Landscape Architecture, Inc. for consultant services for the Floyd and Locust Street Park and Sixth and William Street Park Projects, extending the term from December 31, 2003 to December 31, 2004, and increasing the total compensation by $18,000, for a total agreement amount of $185,000. CEQA: Not a Project. Council District 3. SNI: Washington. (Public Works)
Recommendation: Approval of an agreement with Entravision Communications Corporation for the donation to the City of San José of two parcels of land and three nonexclusive one-year temporary construction easements on the west side of King Road between Barberry Lane and King Court. CEQA: Exempt, PP03-10-321. Council Districts 7 and 8. (Public Works/Transportation)
Recommendation: Report on bids and award of contract for the Traffic Signal Installation at Alum Rock Avenue and McCreery Avenue Project to the low bidder, San José Signal Electric Construction, Inc., in the amount of $186,667, and approval of a contingency in the amount of $18,700. CEQA: Exempt, PP99-07-156. Council District 5. SNI: Gateway East, Mayfair. (Public Works/Transportation)
* Recommendation: Acceptance of the City Auditor’s monthly Report of Activities and Findings through November 15, 2003. (City Auditor)
(Rules in Lieu referral 11/16/03)
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review December 2, 2003 Draft Agenda
(2) Add New Items to November 25, 2003 Amended Agenda
· Mayor and Council Member Requests
· City Manager Requests
· City Attorney Requests
· City Clerk Requests
(3) List of Reports Outstanding
(4) Review December 2, 2003 General Plan Agenda
(c) Legislative Update
(1) State
(2) Federal
(d) Meeting Schedules
(1) Approve Budget Study Session on January 15, 2004
(2) Approve City Council Meeting Schedule for period January-July 2004
(e) The Public Record
(f) Appointment to Boards, Commissions and Committees
(1)
Advisory Commission on Rents
(2)
Disability Advisory Commission
(3)
Housing Advisory Commission
(4)
Human Rights Commission
(5)
Mobile Home Advisory Commission
(6)
Parks and Recreation Commission
(7)
Senior Citizens Commission
(8)
Small Business Development Commission
(g) Rules Committee Reviews, Recommendations and Approvals
(1)
Approve Voting Delegate at the 2003 Annual Business Meeting
for the National League of Cities
(2)
Report on proposed amendments to Comprehensive Land Use
Plan which affect local airports
(h) Oral communications
(i) Adjournment
Council
Member Campos, Chair
* Recommendation: Adoption of a resolution referring ballot measures to the March 2, 2004 election. (City Clerk)
(a) Approval to add an item to the March 2004 ballot to amend the City Charter regarding Design-Build Procurement Process. (Mayor)
* Recommendation: Approval of a Management Agreement with Dolce International/San Jose, Inc. to operate the Hayes Mansion for ten years with two, five-year options, for a management fee of 3% of Gross Revenues, an Incentive Fee, and payment by City of the expenses of the operation, not covered by revenues. (City Manager’s Office/Finance)
* Recommendation: Appointment of one employee/member to the Federated Retirement Board to a four-year term ending 11/30/07. (City Clerk)
[Deferred from 11/25/03 – Item 3.4(a)]
* Recommendation: Approval of the submission of the Historical Heritage Grant Application to the County of Santa Clara by the grant deadline of December 5, 2003. (Chavez)
(Rules in Lieu referral 11/16/03)
Council
Member Chavez, Chair
Summary
(a) Review San José’s Vehicle Abatement Policies
(b) Review Standards for Street Cleanliness
(c) Review Strategies and Effects of the Neighborhood Investment Task Force and Grant Processes for Neighborhood Organization
(d) Oral petitions
(e) Adjournment
Council
Member Williams, Chair
Recommendation: Public Hearing and adoption of a resolution:
(a) Approving a disposition and development agreement with Silicon Valley Habitat for Humanity, or an affiliated entity, including a predevelopment loan of up to $100,000, for the development of single-family homes on the following sites in the City of San José:
(1) 2 units at the S/w corner of Murphy and Ringwood Avenues;
(2) 6 units at the S/s of Murphy Avenue, between Ringwood and Lundy Avenues;
(3) 3 units at the S/s of Murphy Avenue, between Ringwood Avenue and Lakepark Drive; and
(4) 1 unit on Willow Street, between Locust and Palm Streets.
(b) Finding that the use of 20% Low- and Moderate-Income Housing Funds for the following projects is of benefit to the Redevelopment Project Areas in San José:
(1) S/w corner of Murphy and Ringwood Avenues;
(2) S/s of Murphy Avenue, between Ringwood and Lundy Avenues; and
(3) S/s of Murphy Avenue, between Ringwood Avenue and Lakepark Drive.
CEQA: Exempt, PP03-04-128. Council Districts 3 and 4. SNI: Washington. (Housing)
* Recommendation: Adoption of a resolution approving the Economic Development Strategy. CEQA: Not a Project. (Economic Development)
(Deferred from 11/25/03 – Item 4.4)
* Recommendation: PUBLIC HEARING ON HISTORICAL
PROPERTY CONTRACT for the Twohy Building, City Landmark No.
HL01-134, located at 200-210 South First Street.
(CIM/Twohy LLC, Owner). CEQA:
Exempt. (Planning,
Building, and Code Enforcement)
MA 03-002 - District 3
(Deferred from 11/25/03 – Item 4.6)
Council
Member Yeager, Chair
* Recommendation:
Approval of an agreement with Anderson Brulé Architecture,
Inc. for consultant services including project design, preparation of construction documents and construction
administration services for the Cambrian Branch Library
Project, for a term from December 1, 2003 to November, 2006,
for an amount not to exceed $1,275,000. CEQA:
Exemption pending. Council District 9. (Public Works/Library)
CEQA: Not a Project.
* Recommendation:
(a) Adoption of a resolution approving the following revisions to the Operating Grant Program:
(1) Set forth in the grant guidelines estimated ranges of reference percentages of operating revenues used in determining grant amounts in each grant category of the Operating Grant Program that reflect more realistically the recent decline in City’s Transient Occupancy Tax revenues (TOT) and the availability of funds for granting;
(2) Revise the revenue period to which the percentages mentioned above refer from a single year, the most recently completed fiscal year at the time of the grant-application deadline, to the average of revenues over the three most recently completed fiscal years at the time of the application deadline.
(3) Extend the basic method for determining recommended grant awards used in the Artist Organization (AO) and Resident Arts Organization (RAO) categories to the Professional Arts Institution (PAI) and Resident Arts Institution (RAI) categories, and retire the three-part formula presently used in the PAI and RAI categories.
(4) In the first year of implementation of these revisions, recommend grant awards in the PAI and RAI categories that are the average of the amounts proposed by the review panel without using the three-part formula and the amounts that would have resulted had the three-part formula been in use.
(5) As in the case of the AO and RAO categories, should the review panel recommend that an application in the PAI or RAI categories not be funded as a result of the evaluation, then the panel recommendation for no funding will supersede any potential grant calculations made pursuant to the foregoing criteria.
CEQA: Not a Project. (Conventions, Arts and Entertainment)
(b) Adoption of a resolution approving a change to the Project & Program Arts Grant Program by reducing the maximum grant amount in the Project & Program Arts Grant Program from $30,000 to $18,000 for FY 2004-05, in order to be better aligned with the amount of funds available to support arts grants. CEQA: Not a Project. (Conventions, Arts and Entertainment)
(Deferred from 11/25/03 – Item 5.3)
Council
Member Cortese, Chair
Recommendation: PUBLIC HEARING and adoption of a resolution approving and adopting the sixth amendment to the Countywide Nondisposal Facility Element to identify the following nondisposal facilities: California Waste Solutions Recycling & Transfer Station at 1005 Timothy Drive, San José; Environmental Management Systems Recycling and Processing Facility, Milpitas; and Pacific Coast Recycling Facility, Gilroy. CEQA: Exempt, Public Resources Code Section 41735. (Environmental Services)
* Recommendation: Presentation of the 2003 Independent
Police Auditor’s Mid-Year Report.
(Independent Police Auditor)
(a) Presentation of the 2003 Independent
Police Auditor’s Mid-Year Report.
(Independent Police Auditor)
(b) Response to the recommendations contained in the 2003 Independent Police Auditor’s Annual Report. (Police)
CONVENE
REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEM 10.1 IN A JOINT
SESSION
* Recommendation: Presentation on proposed Design Guidelines for Downtown Development. (City Manager's Office/Redevelopment Agency)
(Deferred from 11/18/03 – Item 10.1)
* Recommendation: Adoption of a resolution by the Redevelopment Agency approving a Development Agreement with Ebay, Inc. CEQA: Resolution to be adopted. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0). (Planning, Building, and Code Enforcement)
* TO BE HEARD IN THE EVENING
CONCURRENTLY WITH ITEM 12.2(b), IMMEDIATELY
AFTER GENERAL PLAN ITEM 12.4
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.
(To be heard by the City Council at 7:00 p.m.)
* Recommendation: PUBLIC HEARING on approval of an ordinance amending Chapter 20.70 of Title 20 of the San José Municipal Code by modifying the provisions of the Downtown Zoning Regulations. CEQA: Resolution No. 65459, PP03-05-169. (Planning, Building, and Code Enforcement)
(Continued from 6/3/03 – Item 11.3 et al., and 11/18/03 – Item 11.2)
RECOMMEND
CONTINUANCE TO 1/13/04, TO BE HEARD CONCURRENTLY WITH ITEM 11.3
* Recommendation: PUBLIC HEARING ON SINGLE-FAMILY HOUSE PERMIT to construct 514 square foot 1st floor addition and 422 square foot 2nd floor addition to an existing 2,152 square foot 2-story single-family house, resulting in a Floor-Area-Ratio of 0.48 and overall height of 33 feet, and to remove an existing avocado tree measuring 58” in circumference, located at the east side of South 13th Street, approximately 100 feet southerly of East San Salvador Street (408 S. 13th Street), on a 0.15 gross acre site. (James & Valerie Ziegler, Owner). CEQA: Exempt. SNI: University. Director of Planning, Building and Code Enforcement recommends approval with tree replacement ratio at 2:1 and Planning Commission recommends approval (7-0-0) with tree replacement ratio at 4:1.
SF
03-028 - District 3
Attachment A
Attachment B
* Recommendation: PUBLIC HEARING ON DIRECTOR-INITIATED CONVENTIONAL REZONING of the property located within the area generally bounded 4th Street, Interstate 280, State Route 87 (Guadalupe Parkway), and Bassett Street, from CG General Commercial, R-M Multiple Residence, R-2 Two-Family Residence, LI Light Industrial Districts to DC Downtown Commercial District and DC-NT 1 Downtown Commercial-Neighborhood Transition 1 Districts, to allow mixed use, commercial, and residential uses on approximately 389 gross acres. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2). (Planning, Building, and Code Enforcement)
C 03-072 - District 3
(Continued from 10/21/03 – Item 11.9 and 11/18/03 – Item 11.5)
RECOMMEND
CONTINUANCE TO 1/13/04, TO BE HEARD CONCURRENTLY WITH ITEM 11.1
* Recommendation:
(a) PUBLIC HEARING ON APPEAL OF AN ENVIRONMENTAL IMPACT REPORT (SCH # 2002122091) for the Lowe's Planned Development Rezoning from IP Industrial Park Zoning District to IP(PD) Planned Development Zoning District, to allow development of up to 222,673 square feet of commercial uses on an 18.75-acre site located on the southeast corner of Blossom Hill and Cottle Roads. The proposed project is located on the northern portion of IBM’s existing Cottle Road facility, currently occupied by the vacant IBM Research Building 25 that is eligible for the California Register of Historic Resources. The proposed project would demolish IBM Research Building 25 and remove 156 ordinance-sized trees from the site. Director of Planning, Building and Code Enforcement and Planning Commission recommend to certify the Final EIR (6-0-0-1; James abstained).
PDC02-086 - District 2
(b) item currently on agenda is now part (b)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeasterly corner of Edenview Drive and Monterey Road, from CP Commercial Pedestrian to A(PD) Planned Development Zoning District, to allow an existing approximately 2,200 square foot retail building, and the construction of a new, approximately 3,922 square foot retail building and associated improvements on 0.55 acre. (Messina Richard V Trustee & Et Al, Owner). CEQA: Exempt. SNI: Edenvale/Great Oaks. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC
03-069 - District 2
Attachment B
(Continued from 11/18/03 – Item 11.8)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on the southeast corner of Stevens Creek and South Winchester Boulevards (360 S. Winchester Blvd.), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow operation of health club uses between the hours of 5:00 a.m. and midnight (operation currently allowed between 6:00 a.m. and midnight) at Santana Row on a 40.79 gross acre site. (FRIT San José Town & Country Village, LLC, Owner/Developer). Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the southwest corner of West San Carlos and Josefa Street (500 W. San Carlos Street), from LI Light Industrial Zoning District to CP Pedestrian Commercial Zoning District, to allow commercial uses on a 0.18 gross acre site. (Cismondi Edward L. Trustee, Owner). CEQA: Resolution No. 65459. SNI: Delmas Park. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 03-080 - District 3
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of South Fifth and Keyes Streets, from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow up to 148 multi-family attached residences and 2,500 square feet of retail space on a 1.99 gross acre site. (Carolyn Gleeson, et al., Owner). CEQA: Mitigated Negative Declaration. SNI: Spartan/Keyes. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PDC
03-029 - District 3
Attachment A
Attachment B
* Recommendation: PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at west side of North First Street at the westerly terminus of Component Drive (2347 N. 1st Street), from IP(PD) Planned Development Zoning District to IP(PD) Planned Development Zoning District, to make modifications to the zoning development standards, including an increase in allowable building height from 105 to 210 feet, changes to the parking standards and other minor changes for Research and Development office buildings on a 40.92 gross acre site. (Abn Amro Leasing, Inc., Owner/Developer). Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required. TO BE HEARD IMMEDIATELY AFTER GENERAL PLAN ITEM 12.3
PDC 03-073 - District 4
(To be heard by the City Council at 7:00 p.m.)
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.
* Recommendation:
(a) PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the General Plan Urban Design Policies to increase the maximum building height from 120 feet to 150 feet on a 47.8-acre site. (EBAY Inc., Owner/Applicant).
GP03-T-08 - Council District 4 CEQA: Resolution to be adopted. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
(b) PUBLIC HEARING on and approval of an ordinance approving a Development Agreement with Ebay INC. to allow for the development of 2 million square feet of Industrial Park development on the subject site including the transfer of 1,150,000 square feet of floor area credits to the subject property. (EBAY Inc., Owner/Applicant). Supplemental
CEQA: Resolution to be adopted. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
TO
BE HEARD CONCURRENTLY WITH ITEM 10.2,
IMMEDIATELY AFTER GENERAL PLAN ITEM 12.4
DA EBAY - Council District 4
Attachment C
* Recommendation: PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to amend the Urban Design Policies of theGeneral Plan to increase the maximum building height from 120 to 210 feet for property located on the west side of North First Street at the terminus of Component Drive on a 40.9 acre site. (BEA Systems, Owner/Applicant). CEQA: Resolution No. 60197, Rincon De Los Esteros Redevelopment Area. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
GP 03-T-09 - Council District 4
* Recommendation: PUBLIC HEARING ON MODIFICATION TO THE NORTH SAN JOSÉ DEVELOPMENT POLICY to increase the maximum allowable building height consistent with the San José 2020 General Plan. CEQA: San José 2020 General Plan Environmental Impact Report, Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
PP03-10-311 - Council Districts 3
and 4
Attachment A
Attachment B
Recommendation: Adoption of a resolution approving all General Plan amendment actions taken on December 2, 2003. (Planning, Building and Code Enforcement)
· Open Forum
· Adjournment
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