SAN JOSE CITY COUNCIL
AMENED
AGENDA
MAY
20, 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
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 5)
* Five Wounds School Choir
· 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.
* See New Item 1.6, Presentation of a plaque to the City of San José from the American Lung Association.
* See New Item 1.7, Presentation of a commendation to the California Transplant and Donor Network.
* Adjournment: This meeting will be adjourned in the memory of Louis Rocca Jr., the owner of San Jose's Original Joe's.
1.1 Presentation of a commendation to Junior Girl Scout Troop 314. (Campos)
TO BE HEARD IN THE EVENING
1.2 Presentation of plaque to John Walter for 4 years 6 months service on the Senior Citizens Commission. (Mayor)
1.3 Presentation of commendations to Amanda Hseuh and Mary Milazzo, students from the Santa Teresa High School S.T.Y.L.E. Publishing Technologies Program, for their contributions to “Bridging the Digital Divide” in San José through their development of the updated logo and poster to promote the City’s Homework Centers Program. (Williams)
*1.4 Presentation of a commendation to the Youth Anti-Tobacco Collaborative. (Campos)
(Deferred
from 5/6/03 – Item 1.8 and 5/13/03 – Item 1.4)
TO BE HEARD IN THE EVENING
*1.5 Presentation of a commendation to the American Lung Association (Santa Clara County Chapter) recognizing their hard work in promoting air quality and the conservation of energy resources throughout Santa Clara County during May, Clean Air Month. (LeZotte)
(Rules Committee referral 5/14/03)
*1.6 Presentation of a plaque to the City of San José from the American Lung Association commemorating 5 years of compliance to Assembly Bill 13, “No Smoking in Bar and Restaurant Initiative” and for earning a “Gold Status” level of compliance. (City Manager’s Office)
(Orders of the Day)
RECOMMEND
DEFERRAL TO 5/27/03
* 1.7 Presentation of a commendation to the California Transplant and Donor Network for their life giving efforts and dedication to organ and tissue donors and their families. (Chavez)
(Orders of the Day)
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 24, 2002
(b) Joint City Council/San José Financing Authority meeting of September 24, 2002
(c) Joint City Council/Redevelopment Agency Board meeting of September 24, 2002
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26889 – Rezones certain real property situated at the southeast corner of Madden Avenue and South Jackson Avenue. PDC 02-078
(b) ORD. NO. 26890 – Rezones certain real property situated on the easterly side of Monterey Highway, approximately 950 feet northerly of Blossom Hill Road (5350 Monterey Highway). PDC 03-002
*
Recommendation:
(a) Report on bids and award of contract for the Municipal Rose Garden Renovation Project to the lowest responsive bidder, Robert A. Bothman, Inc., to include the base bid and Add Alternate Nos. 1 and 2 in the amount of $1,511,000, and approval of a contingency in the amount of $151,000.
(b) Adoption of the following appropriation ordinance amendments in the City-Wide Construction and Conveyance Tax Fund:
(1) Establish the Municipal Rose Garden Renovation Project for $210,000.
(2) Decrease the Ending Fund Balance by $210,000.
(c) Adoption of the following appropriation ordinance amendments in the Parks and Recreation Bond Fund:
(1) Increase the Municipal Rose Garden Project by $66,000.
(2) Decrease the Ending Fund Balance by $66,000.
CEQA: Exempt, HP02-020. Council District 6. (Public Works/City Manager's Office)
Recommendation: Adoption of a resolution authorizing the reorganization of territory designated as Parker No. 24, which involves the annexation to the City of San José of 0.47 gross acre of land, located at the west side of Union Avenue, approximately 80 feet northerly of Ronda Drive, and the detachment of the same from the appropriate special districts including Santa Clara County Lighting Service Area, Central Fire Protection District, County Service area –1 (County Library Service Area), and West Valley Sanitation. CEQA: Exempt. Council District 9. (Planning, Building and Code Enforcement)
Recommendation: Approval of new lease of Airport premises between the City of San José and Airport Group International, for the period January 1, 2003 to December 31, 2008, with annual revenue to the City of $10,476. CEQA: Resolution No. 67380, PP03-02-039. (Airport)
Recommendation: Approval
of an agreement with Brown and Caldwell to provide professional
engineering and environmental consulting services for the design
of a pipeline to serve recycled water to the new Civic Center
and the Joint Public Library; services will include pipeline
design and construction management support from June
2, 2003 through September 3, 2004,
at a total cost not to exceed amount of $267,000, including
$20,000 for additional services.
CEQA: Resolution No. 64667, PP03-04-138. (Environmental Services)
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #32 and authorization for the Director of General Services to execute the purchase orders. CEQA: See memo for various CEQA determinations. (General Services)
Recommendation: Adoption of a resolution authorizing the City Manager to take the following actions pertaining to the San José Permits On-line (IDTS) Project agreements:
(a) Execute the fourth amendment to the agreement with Intergraph Corporation for the San José Permits On-line (IDTS) Project at no additional cost to the City and to:
(1) Extend the term of the agreement with Intergraph Corporation from June 30, 2003 to October 31, 2003; and
(2) Add Tele-works as the software provider for the Interactive Voice Response (IVR) System to automate telephone inspection requests and upgrade the IVR hardware specification to reflect the Tele-works proposal.
(b) Execute an Addendum to the Maintenance and Support Agreement between the City and Intergraph Corporation to provide maintenance and support services in the amount of $176,900, for the term of January 1, 2003 to December 31, 2003.
(c) Execute all subsequent annual maintenance & support addenda with Intergraph for the San José Permits On-Line (IDTS) Project without further City Council action other than the appropriation of funding.
CEQA: Not a Project. (Planning, Building and Code Enforcement)
* Recommendation: Adoption of a resolution
(a) Approving a Freeway Maintenance Agreement between the City and the State of California, acting through the California Department of Transportation for the proposed City’s Guadalupe River Trail, Reach 12 Phase 1 crossing under State Route 85.
(b) Authorizing the City Manager to negotiate and execute all documents relating to the Freeway Maintenance Agreement.
CEQA: Mitigated Negative Declaration, PP03-03-092. (Parks, Recreation and Neighborhood Services)
(Rules Committee referral 5/14/03)
* Recommendation: Adoption of the following appropriation ordinance amendments in the Council District 4 Construction and Conveyance Tax Fund:
(a) Establish the Alviso Pool Emergency Repairs Project for $90,000.
(b) Decrease the Ending Fund Balance by $90,000.
CEQA: Exempt, PP03-05-162. Council District 4. (Parks, Recreation and Neighborhood Services/City Manager’s Office)
(Rules Committee referral 5/14/03)
* Recommendation:
(a) Approval of an ordinance of the City of San José amending Section 4.46.050 of Chapter 4.46 and Section 4.47.040 of Chapter 4.47 of Title 4 and repealing Section 24.02.470 of Chapter 24.02 of Title 24 of the San José Municipal Code to make nonsubstantive revisions to the provisions regarding the rate of tax.
(b) Adoption of a resolution initiating an amendment to Title 20 of the San José Municipal Code to add a new Section 20.10.100 to authorize the establishment of cost recovery fees for planning services and processes, setting a public hearing on June 3, 2003 at 1:30 p.m. and referring said ordinance to the Planning Commission.
(c) Approval of an ordinance of the City of San José amending Chapter 20.10 of Title 20 of the San José Municipal Code by adding a new Section 20.10.100 authorizing the establishment of cost recovery fees for planning services and processes.
CEQA: Not a Project. (Planning, Building and Code Enforcement)
(Rules Committee referral 5/14/03)
* Recommendation:
(a) Increase contingency
budget authorization by $51,000, from $66,000 to $117,000.
(b) Adoption of the following
appropriation ordinance amendments in the Park Yards Fund:
(1) Increase the Kelley Park Service Yard Renovation Project by $107,000.
(2) Decrease the Ending Fund Balance by $107,000.
(c) Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement with Garcia Teague Architecture + Interiors for the Kelley Park Service Yard Project, to expand the scope of services, increase the compensation by an amount not to exceed $26,000, and extend the term of the agreement from April 30, 2003 to November 30, 2003.
CEQA: Mitigated Negative Declaration, PP01-10-186. Council District 7. (Public Works/City Manager's Office)
(Rules
Committee referral 5/14/03)
RECOMMEND
DEFERRAL TO
5/27/03
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review May 20, 2003 Draft Agenda
(2) Add New Items to May 13, 2003 Amended Agenda
(3) List of Reports Outstanding
(c) Legislative Update
(1) State
AB 910 (Diaz) Relating to Hospital Community Responsibility
HEARD BY COUNCIL 5/13/03
(a) Accept State Legislative Bill Matrix
(b) Voting Delegate for a Special Meeting of the League of California Cities General Assembly on May 15th
HEARD BY COUNCIL 5/13/03
(2) Federal
(a) Federal Lobbyist monthly report
(d) Meeting Schedules
(e) The Public Record
(f) Boards, Commissions and Committees
(1) Police and Fire Retirement Board
(g) Council Referrals for Assignment to Administration or Council Appointee
(h) Administrative Reviews and Approval
(1) Accept report on workload assessment to implement a Street Tree Mapping System and establish an advisory City Tree Commission and refer item to 2003-04 budget process as a Manager’s Budget Addendum
(i) Oral communications
(j) Adjournment
Council
Member Campos, Chair
Recommendation:
(b) Approval of an ordinance setting Mayor and Council Member salaries. (City Attorney’s Office)
Recommendation: PUBLIC HEARING on the Proposed Operating and Capital Budgets for the Fiscal Year July 1, 2003 to June 30, 2004, the Proposed Five-Year Capital Improvement Program for 2004-2008, and the Proposed Fiscal Year 2003-2004 City Departmental Fees and Charges Program for the City of San José. (City Manager's Office)
TO BE HEARD IN THE EVENING
Council
Member Chavez, Chair
Council
Member Williams, Chair
Recommendation: Adoption of a resolution:
(a) Authorizing the issuance of a single series of tax-exempt multifamily housing revenue bonds in a principal amount not to exceed $15,290,000.
(b) Approving a loan of the bond proceeds to a limited partnership created by Fairfield Affordable Housing LLC, for financing the acquisition and rehabilitation of the Turnleaf Apartments Project.
(c) Approving,
in substantially final form, the Bonds, Trust Indenture, Financing
Agreement, Regulatory Agreement and Declaration of Restrictive
Covenants, Intercreditor Agreement, Official
Statement and the Bond Purchase Contract; authorizing
the Director of Finance and the Director of Housing to execute
and, as appropriate, to negotiate, execute, and deliver these
documents and other related documents as necessary.
Council District 1. (Finance/Housing). CEQA: Exempt, PP02-11-331.
* Recommendation: Adoption of a resolution approving an updated Council Policy for Wireless Communications Facilities. Director of Planning, Building and Code Enforcement recommends approval. CEQA: Resolution No. 65459, PP03-05-149. (Planning, Building and Code Enforcement)
* Recommendation: PUBLIC HEARING ON PETITION FOR FINAL CANCELLATION OF LAND CONSERVATION CONTRACT (Williamson Act), for property consisting of 3.5 acres located on the northeast corner of Fleming Avenue and Warner Drive and authorization for the City Clerk to execute a Certificate of Final Partial Cancellation and directing the City Clerk to record the certificate with the County Recorder. (Rolando Loera, Owner). CEQA: Negative Declaration, PDC00-126. (Planning, Building and Code Enforcement)
Contract No. 71-234 - District 5
(Continued from 5/13/03 – Item 4.3)
* Recommendation: Discussion of and approval of an ordinance amending Title 23, the Sign Code, of the San José Municipal Code as it pertains to signage on residential parcels in all residential, agriculture, and open space zoning districts. CEQA: Exempt, PP02-09-260. (Planning, Building and Code Enforcement)
[Driving a Strong Economy Committee referral 4/28/03 – Item 4.2(a)]
(Continued from 5/13/03 – Item 4.4)
Council
Member Yeager, Chair
Summary - ALL CHILDREN ACHIEVE
COMMITTEE
(a) Youth Commission Report
(b) Report on City/San José State University Joint Library
(c) Family Camp Annual Report
(d) Update on Parent Institute for Quality Education
(e) Update on Joint-Use Agreements with School Districts, including City/School Collaborative
(f) Oral petitions
(g) Adjournment
Recommendation: Report on bids and take appropriate action based on the evaluation of bids for the Tully Branch Library Project. CEQA: Negative Declaration, PP02-04-080. Council District 7. (Public Works)
Council
Member Cortese, Chair
Summary - BUILDING
BETTER TRANSPORTATION COMMITTEE
(a) Expansion and Improvement of Transit and Transportation Systems
(1) Report and Recommendations on County Expressway Master Plan
(b) Traffic Relief/Safe Streets
(1) Report and review of Traffic Calming Program
(2) Pavement Management Program
(3) City’s Annual Transportation Report
(c) Supporting Smart Growth
(1) Level of Service (LOS) policy revision
(d) Regional Relationships/Funding/Policy
(1) State, Federal, and Local Legislative Update
(e) Oral petitions
(f) Adjournment
Recommendation:
(a) Adoption of a resolution authorizing the Director of Public Works to execute an agreement with Caltrans for reimbursement to the City from the State Grade Separation Fund for the Bailey Avenue Extension over Union Pacific Railroad in an amount not to exceed $5,000,000.
(b) Adoption of the following appropriation ordinance amendments in the Building and Structure Construction Tax Fund to:
(1) Establish an appropriation to the Department of Transportation for the Bailey Avenue Above-Grade Crossing at UPRR in the amount of $950,000.
(2) Reduce the Reserve for the VTA: Bailey/101 Improvement Project by $950,000.
(c) Adoption of a resolution authorizing the City Manager to negotiate and execute any amendments to existing agreements and new agreements as needed to implement the Bailey Avenue Above-Grade Crossing.
CEQA: Resolution No. 68705. Council District 2. (Public Works/City Manager's Office)
* Recommendation: Adoption of a resolution to amend the Master Parking Rate Schedule to add the Second/St. James (Oasis) Parking Lot to the Downtown Free Parking Program after 6:00 p.m. CEQA: Not a Project. Council District 3. (Transportation)
Recommendation:
(a) Acceptance of the Quarterly Status Report for the cooperative efforts between the City of San José (City) and the Santa Clara Valley Water District (District).
(b) Adoption of a resolution authorizing the City Manager to negotiate and execute a continuation agreement to extend the initial term of the agreement between the City of San José and the Santa Clara Valley Water District entitled, “South Bay Water Recycling Reimbursement Agreement for Development and Utilization of Nonpotable Recycled Water” to cover a continuous period of eight years, from July 1, 1997 through June 30, 2005.
CEQA: Not a Project. (Environmental Services/Parks, Recreation and Neighborhood Services/Planning, Building and Code Enforcement/Public Works/Transportation)
(Deferred from 5/6/03 – Item 7.2)
* Recommendation: Approval of a ten-year agreement for miscellaneous consulting services with San José Water Company from June 1, 2003 through May 31, 2013, in a total amount not to exceed $50,000 per year and contingent upon the annual appropriation of funds. CEQA: Not a Project. Council Districts 2, 4, 7, and 8.
(Environmental Services)
[Deferred from 5/6/03 - Item 7.4(b)]
* Recommendation: Report on bids and recommendation to:
(a) Reject all bids for the Scheduled/Emergency Repairs and Installation of Non-Potable Water (SBWR) Services and Mains 2003-2004 Contract, and
(b) Award of ten-year contract to San José Water Company for Scheduled/ Emergency Repairs of Municipal Water System and SBWR facilities located in the City of San José, in an amount not to exceed $500,000 in the first year, and subject to CPI adjustment and appropriation of funds in subsequent years. CEQA: Exempt, PP85-8-183, PP91-07-173, and PP03-05-155.
[7.3(b) deferred in part from 5/6/03 - Item 7.4(a)]
(Environmental Services)
Recommendation: Report on bids and award of contract for the “San José/Santa Clara Water Pollution Control Plant: Transmission Pump Station Variable Frequency Drive Cooling Project,” to the low bidder, ICOM Mechanical Inc., in the amount of $314,033, and approval of a contingency in the amount of $31,403, for a total amount not to exceed of $345,436. CEQA: Exempt, PP02-11-346. (Environmental Services)
Recommendation: Adoption of a resolution authorizing the City Manager:
(a) To negotiate and execute an agreement with the City of Santa Clara for the conveyance of an easement and temporary construction license across Water Pollution Control Plant (WPCP) lands; and
(b) To execute documents necessary for the conveyance of a non-exclusive easement for electrical transmission lines across Water Pollution Control Plant lands (WPCP).
Council District 4. (Environmental Services)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute the following:
(a) An agreement with Cargill, Inc. for the purchase of approximately 856 acres of property bounded by Coyote Creek, Mallard/Artesian Slough, the San José/Santa Clara Water Pollution Control Plant (Plant), and Zanker Road Landfill (“Pond A-18”), for the purchase price of $13,500,000, plus an amount not to exceed $15,000 for the City’s share of closing costs, and an amount not to exceed $25,000, for preparation of an updated environmental assessment; and
(b) Such other documents that may be necessary to complete the purchase transaction, including a quit claim deed, rather than grant deed, as to less than 1 acre of the land as shown in supplemental Council memo.
CEQA: Exempt, PP02-11-351. (Environmental Services)
· 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 |
|
9421 |
SE side of University Ave., approx. 150 ft NE of The Alameda |
6 |
Claddagh Construction |
5 units |
Single Family Courthomes |
Approval |
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 and adoption of a resolution authorizing the reorganization of territory designated as Franklin No. 49, which involves the annexation to the City of San José of 3.8 gross acres of land, located at the southeast corner of Monterey Road and Fehren Drive, and the detachment of the same from the appropriate special districts including Santa Clara County Lighting Service Area, Central Fire Protection District, and County Service Area–1 (County Library Service Area). CEQA: Exempt, Franklin No. 49. Council District 7. (Planning, Building and Code Enforcement)
(Continued from 5/6/03 – Item 11.1)
Recommendation: PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve a Conditional Use Permit for a project located on the northeast corner of West San Carlos Street and Meridian Avenue on a 1.08 gross acre site in the CG General Commercial Zoning District, to allow twenty-four hour operation of a retail store and drive-through pharmacy and associated modifications to the site (Walgreens). (Alfred and Madelyn Benzo, Owner/Developer). CEQA: Exempt.
CPA 95-037-01 - District 6
(Continued from 5/6/03 – Item 11.5)
RECOMMEND CONTINUANCE TO 6/3/03
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Winchester Boulevard and Neal Avenue (890 S. Winchester Blvd.), from CN Neighborhood Commercial District to A(PD) Planned Development Zoning District, to allow single-family attached residential uses (21 townhomes) on a 1.1 gross acre site. (Delta I LLC, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).
PDC 02-071- District 6
(Continued
from 1/21/03 – Item 11.2 et al., and 5/6/03 – Item 11.2)
*RECOMMEND CONTINUANCE TO 6/3/03
*Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING AND PREZONING of the property located at the north side of Quimby Road, approximately 300 feet easterly of Mission Greens Drive (2785 Quimby Road), from R-1-8 Residence Zoning District and County of Santa Clara to A(PD) Planned Development Zoning District, to allow up to 25 single family detached residences and an existing church on a 4.8 gross acre site. (Sikh Gurdwara San José, Owner/Braddock & Logan, Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0-1).
*Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Story Lane, at the intersection of Schramm Way (10671 Story Lane), from A Agriculture District to A(PD) Planned Development Zoning District, to allow construction of 2 single-family residences on a 0.62 gross acre site. (Sky River Investments, Mike Miroyan, Owner). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
· Open Forum
· Adjournment
* Adjourn in the memory of Louis Rocca Jr., the owner of San Jose's Original Joe's
[ Clerk Home | Agenda Index ]