SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
JUNE
3, 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
·
Invocation (District 6)
Women’s Rainbow
Chorus
· Pledge of Allegiance
· Orders of the Day
* THE
SAN JOSÉ PARKING AUTHORITY WILL MEET FOLLOWING THE AFTERNOON
CITY COUNCIL SESSION.
Items
recommended to be added, dropped, or deferred are usually approved
under Orders of the Day unless the Council directs otherwise.
Items marked with an asterisk (*) denote changes or additions to the previously published Agenda for this meeting.
*
1.1 Presentation of a proclamation declaring the week of June 7-14, 2003, as National NeighborWorks® Week. (Housing)
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 October 1, 2002
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26896 – Amends 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. RENUMBERED TO 4.5(b)
(b) ORD. NO. 26897 – Adopts salaries for the Mayor and Council Members recommended by the Council Salary Setting Commission pursuant to City Charter Section 407 and defers implementation of the salary increase.
(c) ORD. NO. 26899 – Rezones certain real property situated on the north side of Quimby Road, approximately 300 feet easterly of Mission Greens Drive. PDC 03-010
(d) ORD. NO. 26900 – Rezones certain real property situated on the south side of Story Lane at the terminus of Schramm Way. PDC 02-020
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2002-2003 #33, and authorization for the Director of General Services to execute the purchase orders. CEQA: Exempt, PP03-04-139. (General Services)
Recommendation: Approval of a sole source purchase of 230 Motorola XTS3000 portable radios from Motorola C & E, Inc., (San Mateo, CA), for a total cost not to exceed $436,218.00, including tax and delivery, and authorization for the Director of General Services to execute the purchase order. CEQA: Not a Project. (General Services)
Recommendation: Adoption of the following appropriation ordinance amendments in the City-Wide Construction and Conveyance Tax Fund:
(a) Establish the Guadalupe
River Trail Bridge at Almaden Lake Project for $25,000.
(b) Decrease the Ending Fund
Balance by $25,000.
CEQA: Mitigated Negative Declaration, PP03-04-110. Council Districts 9 and 10. (Parks, Recreation and Neighborhood Services/City Manager’s Office)
Recommendation: Adoption of a resolution initiating proceedings and setting June 17, 2003 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Amos No. 33, which involves the annexation to the City of San José of approximately 2.5 acres, located on the north side of Quimby Road, approximately 300 feet easterly of Mission Greens Drive, and the detachment of the same from Central Fire Protection, Santa Clara Valley County Water, and Santa Clara County Library Services. CEQA: Mitigated Negative Declaration, PDC03-010. Council District 8. (Planning, Building and Code Enforcement)
Recommendation: Adoption of a resolution authorizing the City Manager to execute amendments to the following Plan Check Consultant Contracts, to extend the term of the agreements from July 1, 2003 to June 30, 2004, and to amend the maximum compensation of all agreements such that the cumulative total will not exceed $390,000:
(a) The Phillips Group;
(b) Kutzmann & Associates;
(c) Linhart, Petersen, Powers Associates;
(d) R.K. Associates; and
(e) Esgil Corporation.
CEQA: Not a Project. (Planning, Building and Code Enforcement)
Recommendation: Approval
of Contract Change Order No. 19 with Graniterock Company dba
Pavex Construction Division for the Improvement District 99-218SJ
(Hellyer-Piercy) Contract #1 Project, in the amount of $117,600,
for a total contract amount of $16,649,037.44, and providing
for an additional 14 working day time extension. Council District 2. (Public Works)
*RECOMMEND DEFERRAL TO 6/10/03
* Recommendation:
(a) Report on bids and award of contract for the Traffic Signal Installation at Fourth Street and Mission Street Project to the low bidder, Brown & Fesler, Inc., in the amount of $231,580, and approval of a contingency in the amount of $23,100.
(b) Adoption of the following appropriation ordinance amendments in the Building and Structure Construction Tax Fund:
(1) Increase the appropriation to the Department of Transportation for the Traffic Signals Project by $231,580.
(2) Decrease the Ending Fund Balance by $231,580.
CEQA: Exempt, PP01-11-193. Council District 3. (Public Works)
Recommendation: Approval of a second amendment to the agreement with Parikh Consultants, Inc. for geotechnical services for various library projects, increasing the compensation by $100,000, for a total agreement amount not to exceed $200,000. CEQA: Not a Project. (Public Works)
Recommendation: Report
on bids and award of contract for the Biebrach Park Play Area
Renovation and Restroom Replacement Rebid Project to the low
bidder, JFC Construction, Inc., in the amount of $403,743, and
approval of a contingency in the amount of $40,000.
CEQA: Exempt,
PP02-09-259. Council
District 3. SNI:
Gardner. (Public
Works)
* Recommendation: Acceptance of the Office of the City Auditor’s Report on Sales and Business Tax Audit Results for the Quarter Ended March 31, 2003. (City Auditor)
(Rules Committee referral 5/28/03)
* Recommendation: Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through May 15, 2003. (City Auditor)
(Rules Committee referral 5/28/03)
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review June 3, 2003 Draft Agenda
(2) Add New Items to May 27, 2003 Amended Agenda
(3) List of Reports Outstanding
* Meeting
of May 28, 2003
(c) Legislative Update
(1) State
(a) SB 916 (Perata), Toll Bridge Revenues
(1) State
(2) Federal
(d) Meeting Schedules
(e) The Public Record
(f) Boards, Commissions and Committees
(g) Council Referrals for Assignment to Administration or Council Appointee
(h) Administrative Reviews and Approval
(i) Oral communications
(j) Adjournment
Council
Member Campos, Chair
* Recommendation: Adoption of San José Schools and the City of San José Joint Legislative Statement (Resolution). (Chirco/Gregory)
(Rules
Committee referral 5/28/03)
Summary - BUILDING STRONG NEIGHBORHOODS COMMITTEE
Council Member Chavez, Chair
(a) Community Preservation Ordinance Review
(b) Review of Anti-Graffiti & Pick Up San José Efforts
(c) Input on PRNS Reorganization
(d) Oral petitions
(e) Adjournment
Council
Member Williams, Chair
Recommendation: PUBLIC HEARING on the designation of 128 Pierce Avenue as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature. CEQA: Exempt, PP03-03-074. SNI: Market/Almaden. (Planning, Building, and Code Enforcement)
HL 03-147 – District 3
(Continued from 5/6/03 – Item 4.5)
RECOMMEND CONTINUANCE TO 6/10/03
Recommendation: Approval of the Gateway East Strong Neighborhoods Initiative, Neighborhood Improvement Plan. CEQA: Resolution No. 65459, PP03-05-168. Council District 5. SNI: Gateway East. (Planning, Building and Code Enforcement)
TO BE HEARD IN THE EVENING
*Director of Planning, Building and Code Enforcement and Planning
Commission recommend approval (7-0-0).
Recommendation:
(a) PUBLIC HEARING on an ordinance 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)
(b) Final adoption of ORD. NO. 26896 – Amends 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.
RENUMBERED FROM 2.2(a)
Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
Council
Member Yeager, Chair
Council
Member Cortese, Chair
* Recommendation: Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute the following agreements to support implementation of the Oakland Road Widening Project.
(a) An agreement with Union Pacific Railroad for the upgrade of the at-grade railroad crossing on Oakland Road at Wayne Avenue in the amount of $416,983.
(b) An agreement with Union Pacific Railroad for the upgrade of the at-grade railroad crossing on Oakland Road at Faulstich Court in the amount of $244,142.
CEQA: Exempt, PP02-12-386. Council District 4. (Transportation)
· 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 |
|
9434 |
West side of Avalani Ave at westerly terminus of Luby Dr. |
5 |
Lam Investments, LLC. |
5 |
SFD |
Approve |
|
9470 |
NE/C of 8th St. and Mission St. |
3 |
Regis Homes of Northern California |
66 units |
Multi-Family |
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 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 and 5/20/03 – 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. Director of Planning, Building and Code Enforcement recommends to uphold the appeal of the Planning Commission’s decision to approve, with conditions requiring a masonry wall.
(Continued from 5/6/03 – Item 11.5 and 5/20/03 – Item 11.2)
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)
*RECOMMEND CONTINUANCE
TO 8/19/03
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 5/20/03 – Item 11.3)
*RECOMMEND CONTINUANCE
TO 8/5/03
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of South Cypress Avenue, approximately 100 feet northerly of Judro Way (412 South Cypress Avenue), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to six (6) single-family attached and detached residences on a 0.4 acre site. (E & H Family Limited Partnership, Owner/Developer). CEQA: Negative Declaration.
PDC 03-019 - District 1. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
Recommendation: PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the east side of McKean Road, approximately 5,500 feet south of Bailey Avenue, from R-1-1 Residence District to A(PD) Planned Development Zoning District, to allow up to 2 single-family detached residences on a 88.98 gross acre site. (North First Street Properties, Owner). CEQA: Mitigated Negative Declaration.
PDC 02-107 - District 10
RECOMMEND CONTINUANCE TO 6/17/03
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the north side of East Taylor Street, approximately 120 feet northeasterly of 3rd Street (131 E. Taylor St.), from R-M Multiple Residence District and CN Commercial Neighborhood District to CO Commercial Office District, to allow commercial use on a 0.26 gross acre site. (Hiura Dorothy M Trustee), Owner). CEQA: Use of San José 2020 General Plan EIR Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 03-014 - District 3
· Open Forum
· Adjournment
*
CITY OF SAN
JOSÉ PARKING AUTHORITY
AGENDA
1:30 P.M. TUESDAY, JUNE 3, 2003 CHAMBERS
1:30 p.m. - Regular Session, Council Chambers, City Hall
a. Minutes of June 4, 2002
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