SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
SEPTEMBER
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
·
Invocation (District 8)
* Pastor Linda Boston, Grace Lutheran 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.
1.1 Presentation of a commendation to Scott Hjeltness for his assistance to police in locating a fujitive in the Berryessa area. (Reed)
*1.2 Presentation of a commendation to The Northern California Offices of AAA for donating their time and resources in assisting the City of San José’s “Street Smart” Program. (Dando, Yeager)
(Rules Committee referral 8/27/03)
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: Approval of City Council Minutes for:
(a) Regular meeting of March 4, 2003
(b) Regular meeting of March 11, 2003
(c) Regular meeting of March 18, 2003
*Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26955 – Prezones certain real property situated on the east side of North Bascom Avenue, approximately 160 feet southerly of Forest Avenue to CP Pedestrian Commercial Zoning District. C 03-051
(b) ORD. NO. 26956 – Rezones certain real property situated on the northwest corner of Meridian Avenue and West San Carlos Street to CP Commercial Pedestrian Zoning District. C 03-052
(c) ORD. NO. 26958 – Rezones certain real property situated on the west side of Coleman Avenue, between Newhall Street and Brokaw Road, to A(PD) Planned Development Zoning District. PDC 98-104
(d) ORD. NO. 26959 – Rezones certain real property situated on the northwest corner of North First Street and Gish Road to A(PD) Planned Development Zoning District. PDC 01-103
(e) ORD. NO. 26960 – Prezones certain real property situated on the southeastern corner of Garden Avenue and Southside Drive to R-1-8 Residence District. C 02-108
Recommendation: Adoption of an ordinance amending the annual appropriation ordinance for Fiscal Year 2003-2004 in the General Fund to:
(a) Establish an appropriation in City-wide Expenses to the Fire Department in the amount of $1,000,000 for Computer-Aided Dispatch System Replacement: and
(b) Decrease the Reserve for Computer Aided Dispatch (CAD) System Replacement by the amount of $1,000,000.
CEQA: Not a Project. (Fire/City Manager’s Office)
Recommendation: Adoption of the following amendments to the annual appropriation ordinance and funding sources resolution in the General Fund for Fiscal Year 2003-2004 as follows:
(a) Establish an appropriation in the City-wide Expenses to the Police Department for the Fiscal Year 2003-2004 Alcohol Beverage Control Grant in the amount of $73,850; and
(b) Increase the Earned Revenue Estimate from the State of California by $73,850.
CEQA: Not a Project. (Police/City Manager’s Office)
Recommendation: Adoption of a resolution of intention to vacate a portion of a Public Service Easement (PSE) along the right-of-way of a private street (formerly Technology Drive) between Skyport Drive and Sonora Avenue, and setting a public hearing on September 30, 2003 at 1:30 pm. CEQA: Resolution No. 69421. Council District 3. (Public Works)
Recommendation: Acceptance of the Office of the City Auditor’s Report on Sales and Business Tax Audit Results for the Quarter Ended June 30, 2003. (City Auditor)
(Rules Committee referral 8/27/03)
Recommendation: Approval of appointments to the City of San José Housing Trust Fund Board. (Mayor)
(Rules Committee referral 8/27/03)
RECOMMEND CONTINUANCE TO 9/9/03.
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review September 2, 2003 Draft Agenda
(2) Add New Items to August 26, 2003 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
(a) Acceptance of the August 13 State Legislative Bill Matrix
(2) Federal
(d) Meeting Schedules
(e) The Public Record
(f) Appointments to Boards, Commissions and Committees
(g) Rules Committee Reviews, Recommendations and Approvals
(1) Request from Vice Mayor Dando to use Council General funds to attend the League of California Cities Annual Conference and Board of Directors Meeting in Sacramento, CA, September 7-10,2003
(h) Oral communications
(i) Adjournment
*3.2 Meeting of August 27, 2003
(c) Legislative Update
(1) State
(a) 2003 League of California Cities Voting Delegate at the Annual Business Meeting
(b) 2003 League of Cities Resolutions
Council
Member Campos, Chair
Recommendation: Interview applicants to the Campaign Finance Review and Ethics Board for two four-year terms ending March 1, 2007. (City Clerk)
(Continued from 5/27/03 – Item 3.4 et al., and 8/19/03 – Item 3.5)
TO BE HEARD LAST IN THE AFTERNOON. REMAINING APPLICANTS TO BE INTERVIEWED ON 9/9/03.
Recommendation:
(a) Approval of the 2003-2004 General Fund Rebalancing Plan recommended in the memorandum and detailed in Attachments A and B of the report.
(b) Consistent with prior direction, unfreeze 26 of the 28 General Fund capital projects previously placed on hold pending resolution of the State budget as detailed in Attachment C, and approve the elimination of two of the frozen General Fund capital projects as part of the above-described rebalancing strategy.
(c) Direct staff to return with appropriation ordinance and funding sources resolution amendments and amendments to applicable fee resolutions necessary to implement the above actions.
(City Manager’s Office)
(Rules
Committee referral 8/13/03)
*TO BE HEARD CONCURRENTLY WITH REDEVELOPMENT AGENCY ITEM
5.1
Recommendation: Report on Request for Proposal and adoption of a resolution authorizing the Director of General Services to:
* (a) Negotiate and execute a one-year agreement with two, one-year options with Kinko's, Inc. to operate a copying and printing facility in the City Hall Area for a one-year term from the date of execution, with total first year compensation not to exceed $2,000,000; and
(2) Execute each of the options to renew without further City Council action other than the appropriation of necessary funding.
CEQA: Exempt, PP03-07-246. (General Services)
* Recommendation: Adoption of the Statement of Policy and City Council Questions related to the selection of a new Police Chief as described in the memo, in compliance with City Charter Section 411.1. (City Manager’s Office)
(Rules Committee referral 8/27/03)
Council
Member Chavez, Chair
Council
Member Williams, Chair
* Recommendation: Discussion and direction to the Administration and the City Attorney’s Office regarding possible revision to the City’s current prohibition of the combined uses of gasoline service stations and the retail sale of food, grocery items, and alcoholic beverages contained at Section 20.80.550 of Title 20 of the San José Municipal Code. (City Attorney’s Office)
(Deferred from 6/17/03 – Item 4.9 and 8/26/03 – Item 4.3)
RECOMMEND CONTINUANCE TO 9/16/03
Council
Member Yeager, Chair
Council
Member Cortese, Chair
* Recommendation: Acceptance of the report on the Street Smarts public education campaign as it pertains to community awareness, campaign performance measures, and to the allocation of funding for this year’s campaign. (Transportation) CEQA: Not a Project.
Recommendation: Authorization for the submittal of the 2002-2003 Urban Runoff Management Plan Annual Report and certification to the Regional Water Quality Control Board in conformance with the City’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (NPDES) permit requirements, pursuant to the federal Clean Water Act. CEQA: Resolution No. 65459, PP03-08-260. (Environmental Services)
* Recommendation: Report on bids and award of contract for the Fire Station No. 13 Upgrade Project to the low bidder, D & K Painting Company, Inc., for the base bid and Add Alternate No. 1 in the amount of $803,876, and approval of a contingency in an amount of $120,581. CEQA: Exempt, PP02-12-390. Council District 9. (Public Works/Fire)
· 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 |
|
9378 |
Southwest corner of North First Street and East Julian Avenue |
3 |
Park Townsend LLC |
98 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 APPEAL of the Planning Commission’s decision to approve, with standard and special conditions, a Conditional Use Permit to allow an addition to an existing public utility facility (San José Water Company) located on the northwest corner of San Tomas Expressway and Williams Road in the R-1-8 Residence Zoning District on a 17 acre site. The proposed addition consists of two settling ponds and three storage bins for temporary storage of excavated soil, asphalt, concrete, and base rock. (San José Water Company, Owner/Developer). CEQA: Exempt, CP03-009. Director of Planning, Building and Code Enforcement recommends upholding the decision of the Planning Commission to approve.
CP 03-009 - District 1
(Continued
from 6/17/03 – Item 11.3 and 8/19/03 – Item 11.3)
*RECOMMEND CONTINUANCE TO
9/30/03
Recommendation: PUBLIC HEARING ON STREET RENAMING of a segment of San Fernando Street (located between Bush Street and Laurel Grove Lane) to Laurel Grove Lane. (Cahill South LLC, Developer). SNI: Burbank/Del Monte. CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (5-0-2).
ST 03-007 - District 6
* Recommendation: PUBLIC HEARING ON APPEAL OF AN ENVIRONMENTAL IMPACT REPORT of the Planning
Commission's decision to certify the Environmental Impact Report
for the Civic Plaza Parking Garage consisting
of a three-bay parking structure, containing 1,250 parking spaces
on a 1.22-acre site, located between North Fourth and North
Fifth Streets approximately 225 feet north of East Santa Clara
Street. The proposed
parking structure will be a total of nine stories, with two
stories below grade and seven stories above grade, for an above-ground
building height of approximately 70 feet. The main access to the proposed
parking structure would be from North Fourth Street, with secondary
access located on North Fifth Street. Planning Commission certified
the Environmental Impact Report (5-0-2).
Director of Planning, Building and Code Enforcement recommends
upholding the Planning Commission certification of the EIR.
PP03-03-088
- District 3
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southside of Trade Zone Boulevard, approximately 840 feet westerly of North Capitol Avenue (2440 Trade Zone Boulevard), from IP Industrial Park District to A(PD) Planned Development Zoning District, to allow up to 18 single-family detached residences on a 1.84 gross acre site. (Moghaddam Reza aka Ray Mogadam, Owner). CEQA: Mitigated Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend denial (5-0-2).
(Continued from 8/19/03 – Item 11.12)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Flickinger Avenue, approximately 600 feet southerly of Hostetter Road, from A Agriculture Zoning District to A(PD) Planned Development Zoning District, to allow up to 84 single-family detached residences on a 9.17 gross acre site. (Berryessa Union School District, Geraldine Harge, Owner; Pulte Homes, Developer). CEQA: Mitigated Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (5-0-2).
PDC 03-038 - District 4
* Recommendation: PUBLIC HEARING ON REZONING of the property located at the west side of South 1st Street, approximately 60 feet southeasterly of Union Street (745 S. 1st Street, Unit 6), from LI Light Industrial Zoning District to CN Commercial, to allow commercial uses on a 0.16 gross acre site. (Castro, Ross and Carol Y., Owner). SNI: Washington. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval to CP Commercial Pedestrian (5-0-2).
C 03-041 - District 3
* Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the westerly side of Gold Street, approximately 150 feet southerly of the Guadalupe River, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow 32,022 square feet for industrial design uses on a 2.248 gross acre site. (Makai Graphics, Owner; San José/Alviso Youth Foundation Mr. Tom Jodry, Developer).
PDC 03-007
- District 4 Director of Planning, Building and Code Enforcement
and Planning Commission recommend approval (7-0-0).
* 11.7 CEQA:
Resolution No. 67684.
Director of Planning, Building and Code Enforcement and
Planning Commission recommend approval (7-0-0).
* Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the east side of South 1st Street, approximately 150 feet northerly of Virginia Street (780 S. 1st Street), from LI Light Industrial Zoning District to CP Commercial Pedestrian Zoning District, to allow commercial uses on a 0.1 gross acre site. (Clark Robert F. and Mildred L., Owner). SNI: Spartan/Keyes. 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 03-039 - District 3; CEQA: Resolution No. 65459.
* Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of South 24th Street, approximately 210 feet northerly of San Antonio Street (175 S. 24th Street), from CP Pedestrian Commercial Zoning District to R-2 Two-Family Residence District, to allow a duplex on a 0.12 gross acre site. (Martin Velazquez, Owner). SNI: Five Wounds/Brookwood Terrace. 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 03-049 - District 3; CEQA: Resolution No. 65459.
* Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the northeast corner of Winfield Boulevard and Blossom Hill Road (971 Blossom Hill Rd.), from HI Heavy Industrial Zoning District to CG Commercial General Zoning District, to allow commercial uses on a 1.39 gross acre site. (Bank of America National Trust & Savings Association, Owner). SNI: None. 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 03-062 - District 10; CEQA: Resolution No. 65459.
· Open Forum
· Adjournment
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