SAN
JOSE CITY COUNCIL
AMENDED AGENDA
SEPTEMBER
30, 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)
* Silver Creek High
School NJROTC Color Guard & Drill Teams
· 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 proclamation declaring September "National Alcohol and Drug Addiction Recovery Month". The Asian American Recovery Services, Inc. has been working to decrease the incidence and impact of substance abuse in the Asian/Pacific Islander community since 1985 by developing innovative outreach, treatment, prevention and research services for its target population. (LeZotte)
TO BE HEARD IN THE EVENING
1.2 Presentation
of the Mark E. Keane Award to City Manager Del D. Borgsdorf. (Mayor)
* RECOMMEND DEFERRAL TO 10/14/03
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 May 6, 2003
(b) Regular meeting of May 13, 2003
(c) Regular meeting of May 20, 2003
* (d)
Joint
City Council/Redevelopment Agency Board meeting of May 13, 2003
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 26983 – Approves the assignment of the Commercial Solid Waste and Recyclables Collection Franchise from Greenteam of San José dba GT Waste to Waste Connections of California, Inc.
(b) ORD. NO. 26984 – Prezones certain real property situated on the southwest corner of Baton Rouge and North Capitol Avenue to A(PD) Planned Development Zoning District. PDC 03-034
(c) ORD. NO. 26985 - Prezones certain real property situated on the west side of North King Road, approximately 250 feet southerly of Commodore Drive to A(PD) Planned Development Zoning District. PDC 02-104
(d) ORD. NO. 26986 - Rezones certain real property situated on the southwest corner of McKee Road and José Figueras Avenue to CN Commercial Neighborhood Zoning District. C 03-048.
Recommendation: Approval of appointments to the City of San José Housing Trust Fund Board. (Mayor)
(Deferred
from 9/2/03 – Item 2.7 et al., and 9/16/03 – Item 2.7)
* RECOMMEND DEFERRAL TO 10/7/03
Recommendation: Approval of a Non-Exclusive Installation and Property Use Agreement Between the City of San José and Aeronautical Radio, Inc. for the installation of antenna and related communication equipment to support the operations of the Federal Transportation Security Administration at the Norman Y. Mineta San José International Airport, for a period of ten years from the date of approval, at no charge to Aeronautical Radio, Inc. CEQA: Resolution Nos. 67380 and 71451, PP 03-09-274. (Airport)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a fourth amendment and continuation agreement to the consultant agreement with BearingPoint, Inc., for services in connection with the selection and implementation of an Integrated Airport Accounts Receivable and Property Management System, to extend the term of the agreement from June 30, 2003 to June 30, 2004, at no increase in total compensation. CEQA: Not a Project. (Airport)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute the third amendment to the Line of Credit Agreement with Across the Bridge Foundation, Inc. to provide for the fourth and final $150,000 installment of a multi-year no interest gap financing Line of Credit, increasing the line of credit amount to $600,000 for the operation of Downtown College Prep Charter School. CEQA: Not a Project. Council District 3. SNI: University. (City Manager’s Office)
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #3, and authorization for the Director of General Services to execute the purchase orders. CEQA: See memo for CEQA designation(s). (General Services)
Recommendation: Report on Request for Quotation and award for replacing light fixtures at the San José Convention Center Parking Garage with Ray Scheidts Electric, Inc. (San José, CA), for a total cost of $102,644 including tax and freight, and authorization for the Director of General Services to execute the service order. CEQA: Not a Project. (General Services)
Recommendation:
(a) Approval of award for the purchase of annual service maintenance for the Library Department’s Self Check and Theft Detection Equipment and software with 3M Library Service Systems (St. Paul, MN), for a total cost of $103,663.51, and authorization for the Director of General Services to execute the purchase order; and
(b) Award purchase orders to renew service maintenance for up to four additional one-year periods without further Council action other than the appropriation of funds.
CEQA: Not a Project. (General Services)
Recommendation: Adoption of a resolution authorizing the Director of General Services to:
(a) Execute a Maintenance Agreement with Printrak International Inc., a Motorola Company (“Printrak”), for hardware and software for the Automated Fingerprint Identification System (AFIS) and associated equipment maintained by the Central Identification Unit, in an amount not to exceed $362,913, for the period October 1, 2003 through September 30, 2004; and
* (b) Exercise up to four (4) one-year options to extend the term of the agreement with Printrak, in an amount not to exceed $362,913 for each of the 4 years, without further Council action other than the appropriation of funds for each option year.
CEQA: Not a Project. (General Services/Police)
Recommendation: Adoption of a resolution:
(a) Authorizing the City Manager to submit a grant application in an amount not to exceed $200,000 to the California Department of Parks and Recreation - Office Of Grants And Local Services’ Recreational Trails Program for the acquisition and/or development of property associated with the Willow Glen Spur Trail Project; and in order to receive any funds awarded, the City will be required to provide a match equal to 20%, of which 5% must come from a non-federal source.
(b) Authorizing the City Manager to negotiate and execute all agreements and documents necessary for the receipt of any award made as a result of the aforementioned application, including relevant project completion reports and payment requests.
CEQA: Exempt, PP03-09-296. Council District 6. (Parks, Recreation and Neighborhood Services)
Recommendation:
(a) Adoption of a resolution initiating proceedings and setting October 14, 2003 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Berryessa No. 67, which involves the annexation to the City of San José of 6.72 acres of land, located on the west side of King Road, approximately 250 feet southerly of Commodore Drive and generally bounded by the City of San José Annexations Berryessa No. 49, Berryessa No. 41, Berryessa No. 66, Penitencia No. 66, and Berryessa No. 52, and the detachment of the same from the appropriate special districts including: Central Fire Protection and the County Service Area No. 01 (County Library Services Area). CEQA: Mitigated Negative Declaration, PDC02-104. Council District 4. (Planning, Building and Code Enforcement)
(b) Adoption of a resolution initiating proceedings and setting October 14, 2003 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as McKee No. 122 which involves the annexation to the City of San José of 3.33 acres of land, including the abutting portion of right-of-way between Cedarville Lane and North Capitol Avenue, located on the southeast corner of Capitol Avenue and Baton Rouge Drive and generally bounded by the City of San José Annexations McKee No. 78-A and McKee No. 97, and the detachment of the same from the appropriate special districts including: Central Fire Protection and the County Service Area No. 1 (County Library Services Area). CEQA: Mitigated Negative Declaration, PDC03-034. Council District 4. (Planning, Building and Code Enforcement)
Recommendation: Approval
of a consultant agreement with CCS Planning and Engineering,
Inc. to provide environmental documentation and right-of-way
engineering for the Senter Road Widening Project in an amount
not to exceed $373,001, with a term from the date of execution
to December 31, 2004. CEQA: Not a Project. Council Districts 2 and 7.
(Public Works)
Attachment A
Attachment B
Recommendation: Adoption of a resolution setting a public hearing on October 21, 2003 at 7:00 p.m. for the approval of a freeway agreement with the State of California’s Department of Transportation for the Route 880 at Coleman Avenue Interchange Project. CEQA: Resolution No. 71488, PP03-02-071. Council District 3. (Transportation)
Recommendation: Approval
of the second amendment to the agreement for consultant services
between the City of San José and Kimley-Horn and Associates,
for the design of the Silicon Valley - ITS (SV-ITS) Fremont-Milpitas
Project, to extend the current term of the agreement to March
31, 2004, at no additional cost.
CEQA: Not a Project.
(Transportation)
* Recommendation: Approval of Council Member Linda LeZotte’s travel toVancouver, British Columbia, Canada, October 2-3, 2003 for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit. Funding: San José/Silicon Valley Chamber of Commerce. (LeZotte)
(Rules Committee referral 9/24/03)
* Recommendation: Approval of Mayor Gonzales' and Joe Guerra's travel toVancouver, British Columbia, Canada, October 2-3, 2003 for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit. Funding: Silicon Valley Chamber of Commerce. (Mayor)
(Rules Committee referral 9/24/03)
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review September 30, 2003 Draft Agenda
(2) Add New Items to September 23, 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
(2) Federal
(d) Meeting Schedules
(e) The Public Record
(f) Appointment to Boards, Commissions and Committees
(g) Rules Committee Reviews, Recommendations and Approvals
(h) Oral communications
(i) Adjournment
Council
Member Campos, Chair
* Recommendation: Approval of the timeline for a Request for Proposals for the management and operation of the Convention Center, and any other cultural facilities. CEQA: Not a Project. (City Manager’s Office)
* Recommendation: City staff presentation on the public notification and dissemination of information in Public Safety Investigations.
(Cortese)
(Continued from 9/23/03 – Item 3.5)
Council
Member Chavez, Chair
Summary
(a) Discussion of Trails Prioritization
(b) City’s Volunteer Program
(c) Report on Strengthening the Boards and Commissions
(d) Oral petitions
(e) Adjournment
Council
Member Williams, Chair
Recommendation: PUBLIC HEARING and adoption of a resolution approving the designation of the Moody Flats Apartment Building on a 0.15 gross acre site, located at 311 N. Second Street, as a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature. (Henry R. Lutz, Owner). CEQA: Exempt, PP03-07-248. SNI: 13th Street. (Planning, Building and Code Enforcement)
HL 03-148 - District 3
Council
Member Yeager, Chair
* Recommendation: Report
on bids and award of contract for the Evergreen Community Center
Expansion Rebid Project to the low bidder, I.C.C. General Contractors
in the amount of $949,347, to include base bid and Add Alternates
1a, 1b, 2, 3, 5, 7, and 8, and approval of a contingency in
the amount of $93,000. CEQA:
Exempt, PP02-05-103. Council District 8. (Public Works/Parks, Recreation
and Neighborhood Services)
Attachment A - Map
* Recommendation: Recommendation of the Parks and Recreation Commission to name a one-third acre park at Scott Street and Menker Avenue “Buena Vista Park.” (City Clerk/Parks and Recreation Commission)
(Rules Committee referral 9/24/03)
Council
Member Cortese, Chair
(a) Expansion and Improvement of Transit and Transportation Systems
(1) No items
(b) Traffic Relief/Safe Streets
(1) Report on Construction Impact Mitigation Plan (CIMP) Outreach
SEE ITEM 6.2 FOR COUNCIL ACTION TO BE TAKEN
(2) School Transportation Safety Programs
(c) Supporting Smart Growth
(1) No items
(d) Regional Relationships/Funding/Policy
(1) State, Federal, and Local Legislative Update
(2) Santa Clara Valley Transportation Agency (Valley Transportation Authority), Valley Transportation Plan (VTP) 2020 Update
SEE ITEM 6.3 FOR COUNCIL ACTION TO BE TAKEN
(e) Oral petitions
(f) Adjournment
(Deferred from 9/23/03 - Item 6.1)
* Recommendation:
(a) Approval of an ordinance amending Titles 13 and 15 of the San José Municipal Code to revise Chapters 13.36 and 15.50, setting forth a requirement that a Construction Impact Mitigation Plan be prepared for all major construction projects in the public right of way, unless the City has otherwise entered into a Cooperation Agreement requiring such a Plan.
(b) Adoption of a resolution amending Resolution No. 71216 to take effect on 11/13/03 establishing an administrative fine of $5,000 per day for violations of the Construction Impactt Mitigation Plan requirements.
(City Manager’s Office/Redevelopment Agency)
[Building Better Transportation Committee referral 9/8/03 – Item 6.1(b)(1)]
(Deferred from 9/23/03 - Item 6.2)
RECOMMEND DEFERRAL TO 10/7/03
Attachment A
Attachment B
Attachemtn C
(Deferred from 9/23/03 - Item 6.3)
* Recommendation:
(a) Approval of an ordinance amending Sections 22.01.070 and 22.01.080 of Chapter 22.01 of Title 22 of the San José Municipal Code authorizing the Director of Convention, Arts & Entertainment to reduce facility fees for the use of the Convention and Cultural Facilities; and
(b) Adoption of a resolution amending the Master Parking Rate Schedule to modify parking rates charged at the convention center garage by:
(1) Authorizing the Director of Convention, Arts & Entertainment to reduce or increase flat parking rates;
(2) Establishing incremental parking rates for non-event days; and
(3) Including the convention center garage in the Downtown Retail Validation Program.
CEQA: Exempt, PP03-09-297. Council District 3. (Conventions, Arts and Entertainment/Transportation).
RECOMMEND DEFERRAL
TO 10/7/03
Recommendation: PUBLIC HEARING and adoption
of a resolution vacating 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.
CEQA: Resolution No. 69421.
Council District 3.
(Public Works)
Attachment A
Attachment B
* Recommendation: Adoption of a resolution supporting the Santa Clara Valley Transportation Authority’s (VTA) Community Design and Transportation Program. CEQA: Resolution No. 65459, PP03-09-301. (Transportation/Planning, Building and Code Enforcement)
Recommendation: PUBLIC HEARING on approval of an ordinance amending Title 20 of the San José Municipal Code to modify and add provisions related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-224. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). (Planning, Building, and Code Enforcement)
(Continued
from 8/19/03 - Item 7.1 and 9/23/03 - Item 7.1)
*RECOMMEND DEFERRAL
TO 10/7/03
Recommendation: PUBLIC HEARING on proposed revisions to the City Council Policy on Post-Construction Urban Runoff Management in order to:
(1) Maintain consistency with the requirements of the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (NPDES MS4 Permit) issued to the City of San José and the other co-permittees that constitute the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP); and
(2) Establish a waiver program that will allow project proponents to request a waiver from the requirement to install treatment Best Management Practices (BMPS) for a given project, upon an appropriate showing of impracticability, and with provision to treat an equivalent pollutant loading or quantity of stormwater runoff, or provide other equivalent water quality benefit. CEQA: Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-225.
(Planning, Building, and Code Enforcement)
(Continued
from 8/19/03 - Item 7.2 and 9/23/02 - Item 7.2)
*RECOMMEND DEFERRAL
TO 10/7/03
Attachment A
Attachment B
Attachment C
Attachment D
Recommendation: Approval of a master agreement with Gilbane Building Company for professional services associated with construction of capital improvements for the Norman Y. Mineta San José International Airport Master Plan, in an amount not to exceed $15,000,000, for a term from the date of execution through January 31, 2008. CEQA: Resolution Nos. 67380 and 71451, PP 03-08-266. (Public Works)
(Deferred from 9/16/03 – Item 8.1)
CONVENE
REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1 AND 10.2 IN
A JOINT SESSION
Small Business Development
Commission Proposal
Recommendation: Approval of remaining recommendations related to policy changes and initiatives related to economic development and outcomes from the Getting Families Back to Work study sessions. (Mayor)
(Continued from 9/16/03 – Item 10.1)
* Recommendation: Approval of proposed Design
Guidelines for the Guadalupe River Park and Gardens.
(Redevelopment Agency/City Manager’s Office)
RECOMMEND DEFERRAL TO
10/7/03
* Recommendation: Adoption of resolutions by the City Council and Redevelopment Agency Board approving a Memorandum of Understanding between the City of San José and BEA Systems, Inc., and authorizing the City Manager and the Executive Director to negotiate a Development Agreement with BEA Systems, Inc., to facilitate the expansion of the company’s corporate headquarters located on North First Street in the Rincon de Los Esteros Redevelopment Project Area to 2.8 million square feet. CEQA: Not a Project. (City Manager’s Office/Redevelopment Agency)
(Rules Committee referral 9/24/03)
ADJOURN
REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING
· 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 |
|
9523 |
n/s of Quimby Road, 1000’ w/o White Road |
8 |
Braddock & Logan |
25 units |
SFD |
Approve |
|
9502 |
Floyd & Lick (NE/c) |
3 |
Core Dev |
16 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:
|
Tract |
Location |
Council District |
Developer |
Lots/Units |
Type |
|
9533 |
S/S of Woodard Rd., e/o Starview Drive |
9 |
FMA Development |
6 lots/5 units |
SFD |
· 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 and 8/19/03 – Item 11.1)
* RECOMMEND CONTINUANCE TO
10/21/03
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 et al., and 9/2/03 – Item 11.1)
* RECOMMEND CONTINUANCE TO
10/21/03
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Lick Avenue and West Alma Avenue (1303 Lick Ave.), from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow up to 260 multi-family attached residential uses on a 3.18 gross acre site. (Duad Properties and Sal Lobue Trust, Owner; Barry Swenson Builder Marianne Bacigalupi, Developer). CEQA: Mitigated Negative Declaration. SNI: Washington. Director of Planning, Building and Code Enforcement recommends approval and Planning Commission recommends approval with the following additional recommendations: (1) A park should be developed in tandem with the subject proposal. (2) The Santa Clara Valley Transportation property located immediately to the north of the subject site should develop with a combination of housing, retail and open space in order to created an appropriated transit oriented node (7-0-0).
(Continued from 8/19/03 – Item 11.14 and 9/16/03 – Item 11.1)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Fleming Avenue, approximately 490 feet southeasterly of Story Road (1201 Fleming Ave.), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 5 single-family detached residences on a 1.36 gross acre site. (Touche Properties, Inc., Owner). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval of alternate plan with dedication for extension of Feller Avenue (7-0-0).
PDC 02-091 - District 5
(Continued from 9/16/03 – Item 11.3)
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of South 34th Street, opposite of Los Suenos Avenue, from R-1-8 Residential District to A(PD) Planned Development Zoning District, to allow 3 single-family detached residences on a 0.88 gross acre site. (Zurich Properties, LP, Owner; Innovative Housing Solutions, Grant A. Denmark, Jr., Developer). CEQA: Exempt. SNI: Gateway East. 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 west side of Zanker Road, approximately 600 feet southerly of Tasman Drive, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow an addition of up to three ground floor corporate housing or live/work units and up to 97 multi-family attached residential units to the already approved total of 2,700 multi-family units on 61.9 gross acres. (Irvine Apartment Communities, Owner/Developer). CEQA: Resolution No. 68667. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
PDC 03-043 - District 4
Recommendation: PUBLIC HEARING ON CONFORMING REZONING of the property located at the north side of San Felipe Road, approximately 50 feet northwesterly of Fowler Road (3630 San Felipe Road), from R-1-5 Residence Zoning District to CG Commercial General to allow commercial uses on a 0.34 gross acre site. (Sylvia Mendoza, Owner). Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C 03-070 - District 8
· Open Forum
· Adjournment
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