SAN JOSE CITY COUNCIL
AMENDED AGENDA

FEBRUARY 3, 2004

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 - CANCELED, Room 600, City Hall

                                    See Separate Agenda

            10:00 a.m.     Joint Meeting, Water District Headquarters, 5750 Almaden Expressway

            1:30 p.m.  -   Regular Session, Council Chambers, City Hall

            7:00 p.m.  -   Public Hearings, Council Chambers, City Hall

·                   Invocation (District 2)

·                   Pledge of Allegiance

·                   Orders of the Day

            Items marked with an asterisk (*) denote changes or additions to the previously published Agenda for this meeting.

            THERE WILL BE A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD/SANTA CLARA VALLEY WATER DISTRICT BOARD MEETING AT 10:00 A.M. PRIOR TO THE REGULAR SESSION OF THE COUNCIL MEETING

            Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.

1     CEREMONIAL ITEMS

1.1       Presentation of a proclamation declaring Friday, February 6, 2004 as “Wear Red for Women Day.”  (Dando)

*1.2       Presentation of a commendation to Hari Mahesh for his creative accomplishments in local filmmaking.  (Cortese)

            (Rules Committee referral 1/28/04)

Closed Session Cancelled

2     CONSENT CALENDAR

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.

2.1              Approval of Minutes.

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 27055 – Amends Chapter 11.24 of Title 11 of the San José Municipal Code to add a new Section to designate Emerson Court as a one-way street.

            (b)        ORD. NO. 27057 – Rezones certain real property situated on the north side of West San Carlos Street (1523 W. San Carlos Street) between North Buena Vista and North Willard Avenues to A(PD) Planned Development Zoning District.  PDC 02-102

            (c)        ORD. NO. 27058 – Rezones certain real property situated on the east side of Senter Road (4030 Senter Road) approximately 280 feet southerly of Nokomis Drive to A(PD) Planned Development Zoning District.  PDC 02-101

            (d)        ORD. NO. 27059 – Rezones certain real property situated on the northeast corner of Branham Lane and Cherry Avenue.  PDC 03-066

2.3              Approval of open purchase orders for the purchase of supplies, materials, equipment, and services.

            Recommendation:  Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #12, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

2.4              Acceptance of a donation for Happy Hollow Park and Zoo.

            Recommendation:  Adoption of a resolution accepting the donation of a horse trailer from the Happy Hollow Corporation valued at $6,000 to be used for the transport of Happy Hollow Park and Zoo miniature horses and large animal hoof stock.  CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)

2.5              Approval of various actions related to the annexations of Burbank No. 36 and Story No. 53.

Recommendation: 

            (a)        Adoption of a resolution initiating proceedings and setting February 17, 2004 at 1:30 pm. for Council consideration on the reorganization of territory designated as Burbank No. 36, which involves the annexation to the City of San José of 0.13 acre of land more or less, located on the east side of Wabash Avenue, approximately 80 feet northerly of Olive Street and adjacent to the City of San José annexation Burbank No. 31, and the detachment of the same from Burbank Sanitary, County Lighting Services, Central Fire Protection, Area No.1 (Library Services) County Services.  CEQA: Resolution No. 65459.  Council District 6.  (Planning, Building and Code Enforcement)

            (b)        Adoption of a resolution initiating proceedings and setting February 17, 2004 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Story No. 53,which involves the annexation to the City of San José of approximately 0.58 acre located at the southwest corner of Palomino Drive and Fleming Avenue which is adjacent to City of San José territory and the detachment of said territory from Central Fire Protection, Area No. 1 (Library Services) County Service and County Sanitation District 2-3.  CEQA:  Resolution No. 65459.  Council District 5.  (Planning, Building and Code Enforcement)

2.6       Approval of an agreement for the Interstate 880/Coleman Avenue Interchange for Construction of Recycled Water Pipelines.

*          Recommendation:  Adoption of a resolution authorizing the City Manager to execute the first amendment to the agreement between the City and the Santa Clara Valley Transportation Authority (VTA), upon concurrence of the Treatment Plant Advisory Committee, to increase the compensation payable by the City to the VTA from $1,100,000 to a total amount not to exceed $1,500,000, for design and construction of a recycled water pipeline at Coleman and Interstate 880 (I-880), including approval of a contingency in the amount of $101,224.  CEQA:  Resolution No. 71448, PP03-02-071.  Council District 6.  (Environmental Services) 

            [Deferred from 1/27/04 – Item 2.12(b)]

2.7       Approval of a Fiscal Year 2003-04 Mid-Year budget allocation for the HP Pavilion.

*          Recommendation:  Approval of a Mid-Year budget allocation of $350,000 for the installation of a dehumidification system at the HP Pavilion.  (San José Arena Authority/Economic Development)

            (Deferred from 1/27/04 – Item 2.14)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – January 21, 2004

            Vice Mayor Dando, Chair

            (a)        Redevelopment Agency items reported out at Redevelopment Agency meeting

            (b)        City Council

                        (1)        Review February 3, 2004 Draft Agenda

                        (2)        Add New Items to January 27, 2004 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

                        (1)        Summary of Commission Vacancies

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Report back on Labor Code requirements for payment of workers’ compensation benefits

                        (2)        Request from Council Member Gregory to use Council General funds to attend League of California Cities Policy Committee meeting in Los Angeles on January 16, 2004

                        (3)        Request to remove An Audit of the Youth Commission from the City Auditor’s 2003-04 Workplan

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4       Council action on Labor Code requirements for payment of workers' compensation benefits.

*          Recommendation: 

            (a)        Council action on Labor Code requirements for payment of workers' compensation benefits. 

            (b)        Amend the Council approved Legislative Action Plan by adding the matter of payment of workers' compensation benefits.

            (Rules Committee referral 1/28/04)

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee

            Council Member Chavez, Chair

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

4.3       Follow-up discussion on various actions related to technology, furniture, and equipment for the New Civic Center.

*          Recommendation:  Adoption of a resolution of the City Council to proceed with non-construction operating start up plans for the New Civic Center (NCC) and delegating authority to the City Manager to enter into contracts for public works, the purchase of technology, furniture, equipment, and relocation services for the NCC in accordance with the provisions of the San José Municipal Code and the City’s procurement policies and procedures in an amount not to exceed $45,250,000 to facilitate the effective and efficient operation of the NCC.  CEQA:  New Civic Center Project:  Resolution No. 68905; New Civic Center Parking Garage:  Resolution No. 71743.  (City Manager’s Office/Public Works/Information Technology/Finance/General Services)

         Attachment A
Attachment B
Attachment C

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

6.2       Approval to award a contract for the 3^rd Street Garage Seismic Upgrade Project.

*          Recommendation:  Report on bids and award of contract for the construction of the 3^rd Garage Seismic Upgrade Project to the low bidder, William P. Young Construction, Inc., to include the base bid and Add Alternate No. 1, in the amount of $1,418,167, and approval of a contingency in the amount of $212,725.  CEQA:  Negative Declaration, PP03-10-329.  Council District 3.  (Public Works/Transportation)

            (Deferred from 1/27/04 – Item 6.2)

7     ENVIRONMENTAL & UTILITY SERVICES

8     AVIATION SERVICES

8.1              Presentation on the conceptual design progress for the Central Terminal Building and North Concourse Building at the Airport.

            Recommendation:  Presentation on the conceptual design progress for the Central Terminal Building and North Concourse Building at the Norman Y. Mineta San José International Airport.  CEQA:  Resolution Nos. 67380 and 71451.  (Airport)
RECOMMEND DEFERRAL TO 2/17/04

8.2       Approval to award a contract for the Norman Y. Mineta San José International Airport Runway 30L Extension - 2004 Project.

*          Recommendation:  Report on bids and award of contract for the Norman Y. Mineta San José International Airport Runway 30L Extension - 2004 Project to the low bidder, RGW Construction, Inc., in the amount of $16,739,372, and approval of a contingency in the amount of $2,511,000.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-10-344.  (Public Works/Airport)

            (Rules Committee referral 1/28/04)

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

·                   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:

            None.

            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.

11     PUBLIC HEARINGS

            (To be heard by the City Council at 7:00 p.m.)

11.1          Public Hearing on planned development rezoning of the property located at 1290 Tully Road.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Tully Road and Highway 101 (1290 Tully Rd.), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow commercial uses in a portion of an existing industrial complex on a 12.96 gross acre site.  (Sfers Real Estate Corp. Cc, Owner).  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-1-1).

            PDC 03-040 - District 7

            (Continued from 1/20/04 – Item 11.1)

11.2          Public Hearing on planned development rezoning of the property located at Ringwood Court and McKay Drive.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Ringwood Court, approximately 900 feet northerly of McKay Drive, from IP Industrial Park Zoning District to IP(PD) Planned Development Zoning District, on a 4.74 gross acre site.  (Borelli Investment Company, Ralph Borelli, Owner).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

            PDC 03-079 - District 4

11.3          Public Hearing on planned development rezoning of the property located at 993 Meridian Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Meridian Avenue and Curci Drive (993 Meridian Avenue), from CP Commercial Pedestrian Zoning District, R-M Multiple Residence Zoning District, and A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow demolition of three residential structures and construction of a residential care facility with 130 residential units for seniors on a 3.09 gross acre site.  (Roy Family Partnership, Irene M. Romano Trustee & et al., Green Valley Corp., Owner; S.L. Start Steve Anderson, Developer).  CEQA:  Mitigated Negative Declaration.

            PDC 03-084 - District 6
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1). 

11.4          Public Hearing on planned development rezoning of the property located at Delmas Avenue between Santa Clara and San Fernando Streets.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at both sides of Delmas Avenue between Santa Clara and San Fernando Streets, from CN Commercial District, LI Light Industrial, and HI Heavy Industrial to A(PD) Planned Development Zoning District, to allow a mixed use project consisting of up to 325 multi-family attached residences and 1.04 million square feet of office/commercial/retail uses on a 7.76 net acre site.  The proposed project includes the preservation and reuse of an existing 15,000 square foot City Landmark building.  Building heights would be up to 268 feet above grade.  (SJW Land Company, Owner; Joe Ernst, Developer).  CEQA:  Resolution to be adopted.  SNI:  Delmas Park.
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1). 

            PDC 02-046 - District 3

11.5          Public Hearing on planned development rezoning of the property located at 890 Winchester Boulevard.

*            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Winchester Boulevard and Neal Avenue (890 Winchester Blvd.), from CN Neighborhood Commercial District to A(PD) Planned Development Zoning District, to allow up to 8 attached and 12 detached single-family residential units (20 townhomes) on a 1.1 gross acre site.  (Delta I LLC, Owner/Developer).  CEQA:  Negative Declaration.  SNI:  Winchester.  Director of Planning, Building, and Code Enforcement recommends approval of revised project and Planning Commission recommends approval (6-0-1). CEQA:  Resolution No. 65459.

            PDC 02-071 - District 6
Attachment A
Attachment B

·                   Open Forum

·                   Adjournment

1.         Call to Order

* 2.            Discussion of the Annual Status Report on cooperative efforts between the City of San José and the Santa Clara Valley Water District.

            Recommendation:  Discussion of the Annual Status Report on cooperative efforts between the City of San José (City) and the Santa Clara Valley Water District (District). 

            (a)        South Bay Water Recycling Collaborative Effort

            (b)        Parks, Trails and Open Space Partnership

            (c)        Watershed Management Initiative

            (d)        Construction Permit Coordination

            (e)        King Road Bridge Coordination With Upper Penitencia Creek Flood Protection

            (f)            Guadalupe Watershed Flood Protection Projects

            (g)            Water Resources Protection Collaborative

            CEQA:  Not a Project.  (City Manager's Office/Redevelopment Agency/Santa Clara Valley Water District)

            TO BE HEARD AT JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD/SANTA CLARA VALLEY WATER DISTRICT BOARD SESSION

*3.            Final acceptance of the Annual Status Report on Cooperative efforts between the City of San Jose and the Santa Clara Valley Water District report as detailed above.

4.            Adjournment