SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
MARCH 2, 2004
|
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 |
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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. - Evening Session Canceled
ADJOURNMENT: This meeting will be adjourned in memory of Eusevio “Ike” Hernandez, former Deputy Chief of Police, and employee of the San José Police Department for 31 years; also in memory of Kulwant Singh, Satnam Singh, and Hari Singh.
· Invocation (District 3)
* Betty Martinez of Adelante Mujer Hispana
· 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.
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 February 3, 2004
(b) Joint Council/Santa Clara Valley Water District meeting of February 3, 2004
(c) Regular meeting of February 10, 2004
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 27073 – Levys special taxes within Annexation Area No. 1 of Community Facilities District No. 8 (Communications Hill)
(b) ORD. NO. 27075 – Amends Section 20.90.060 of the San Jose Municipal Code to modify parking requirements for shopping centers and amends Part 4 of Chapter 20.100 to allow building additions of less than 500 square feet through the adjustment process
(c) ORD. NO. 27076 – Amends Section 20.50.100 of the San Jose Municipal Code to clarify regulations pertaining to assembly uses and amends Part 9 of Chapter 20.100 to streamline the process for single family house permits
(d) ORD. NO. 27077 – Amends Sections 20.100.130 and 20.100.140 of the San Jose Municipal Code to clarify the process of concurrent filing and processing of planned development rezoning and planned development permit applications
(e) ORD. NO. 27078 – Adds new sections to Chapter 20.110 and Chapter 20.200 of the San Jose Municipal Code authorizing the Director of Planning, Building and Code Enforcement to cancel and partially cancel Williamson Act Contracts
(f) ORD. NO. 27079 – Rezones certain real property situated on the east side of Minnesota Avenue, approximately 490 feet southerly of Dorothy Avenue, to A(PD) Planned Development Zoning District. PDC 03-064
(g) ORD. NO. 27080 - Rezones certain real property situated at the west side of Park Avenue approximately 50 feet northerly of Emory Street to CN Commercial Neighborhood Zoning District. C 03-091
(h) ORD. NO. 27081 - Rezones certain real property located on the northeast corner of Rhodes Court and The Alameda to A(PD) Planned Development Zoning District. PDC 03-054
(i) ORD. NO. 27082 - Rezones certain real property located on the west side of Saratoga Avenue approximately 200 feet southerly of Graves Avenue to A(PD) Planned Development Zoning District. PDC 03-061
Recommendation: Adoption of a resolution ordering the reorganization of territory designated as McKee No. 120, which involves annexation to the City of San José of 5.37 acres of land, more or less, consisting of three parcels totaling approximately 4.80 acres and a portion of Hyland Avenue totaling approximately 0.57 acre, located at Hyland Avenue between Marian Lane and Maro Drive, and adjacent to the City of San José annexation McKee No. 91, and the detachment of the same from Santa Clara County Central Fire Protection District, Santa Clara County Lighting District, Santa Clara (Library Services) County Service, Area No. 1, County Sanitation District 2-3, and the Library Benefit Assessment County Service Area No. 1. CEQA: Mitigated Negative Declaration, PDC01-082. Council District 5. (Planning, Building and Code Enforcement)
Recommendation: Adoption of a resolution initiating proceedings and setting March 16, 2004 at 1:30 p.m. for Council consideration on the reorganization of territory designated as Burbank No. 37 which involves the annexation to the City of San José of 0.11 acres of land more or less, located on the east side of North Bascom Avenue, approximately 160 feet southerly of Forest Avenue and adjacent to the City of San José annexation Burbank No. 34, and the detachment of the same from Burbank Sanitary, County Lighting Services, Central Fire Protection, Area No. 01 (Library Services) County Services. CEQA: GP2020 EIR, Resolution No. 65459. Council District 6. SNI: Burbank/Del Monte. (Planning, Building and Code Enforcement)
Recommendation:
Adoption of a resolution authorizing the City Manager to:
* (a) Submit a grant application to the State Department of Education for 21st Century Community Learning Centers in a total amount not to exceed $4,875,000 over a period of five years; and
* (b) Negotiate and execute a grant agreement not to exceed $975,000 annually beginning July 1, 2004 and ending on June 30, 2009, subject to appropriation of funds.
CEQA: Exempt, PP04-02-026. (Parks, Recreation and Neighborhood Services)
Recommendation: Approval of the first amendment to the agreement with Garcia Teague Architecture + Interiors for architectural consultant services for the Almaden Winery Community Center Seismic Retrofit Project, increasing compensation for design services by $17,800, for a total agreement amount not to exceed $217,800 and shortening the term of the agreement from June 30, 2004 to March 2, 2004. CEQA: Not a Project. Council District 10. (Public Works)
* Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the master agreement with Gilbane Building Company for continuation of park bond program management services through June 30, 2004 and increase the master agreement compensation in the amount of $198,000, from $1,850,000 to a maximum amount not to exceed $2,048,000. CEQA: Not a Project. (Public Works/Parks, Recreation and Neighborhood Services)
Recommendation: Report on bids and award of contract for the School Access Enhanced Crosswalks Project to the low bidder, Pacific Electric Company, in the amount of $412,770, and approval of a contingency in the amount of $41,000. CEQA: Exempt, PP03-12-389. (Public Works/Transportation)
Recommendation: Report on bids and award of contract for the Seismic Safety Retrofit Project - Tully Road Bridge at Coyote Creek to the low bidder, ACC West Coast, Inc., in the amount of $246,575, and approval of a contingency in the amount of $37,000. CEQA: Exempt, PP 04-11-215. Council District 7. (Public Works/Transportation)
Recommendation: Approval of the first amendment to the agreement for consultant services with Kimley-Horn and Associates, to amend the scope of services for the implementation of the Proactive Signal Retiming Project, increasing the maximum compensation by $205,000, from $500,000 to an amount not to exceed $705,000, and extend the term of the agreement by 18 months to September 30, 2005. CEQA: Exempt, PP04-01-016. Council Districts 1, 6, 8 and 10. SNI: 13th Street/East Valley-680/University. (Transportation)
Mayor Gonzales,
Chair
Vice Mayor
Dando, Chair
Meeting of February 25, 2004 (partial)
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review March 2, 2004 Draft Agenda
(2) Add New Items to February 24, 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
(a) Report on Proposed State Bills Pertaining to Megan's Law
SEE
ITEM 3.5 FOR COUNCIL ACTION TO BE TAKEN
(2) Federal
(d) Meeting Schedules
(e) The Public Record
(f) Appointment to Boards, Commissions and Committees
(g) Rules Committee Reviews, Recommendations and Approvals
(1) City Attorney’s response to Council Member Cortese’s request to expand the role of Project Diversity Screening Committee and request for Proposition 209 history
(2) Request for recommendations to donate or sell surplus 1994 Chevrolet Suburban utility vehicle
(h) Oral communications
(i) Adjournment
Vice Mayor Dando,
Chair
Meeting of February
25, 2004 (partial)
(c) Legislative Update
(1) State
(a) Report on Proposed State Bills Pertaining to Megan’s Law
SEE ITEM 3.5 FOR COUNCIL ACTION TO BE TAKEN
Council Member
Campos, Chair
* Recommendation: Approval of one Mayor appointment to Project Diversity Screening Committee and appointment of Chair. (Mayor)
[Deferred from 2/17/04 – Item 3.5(b) and 2/24/04 – Item 3.4]
* Recommendation: Approval of support positions for each of the proposed State bills pertaining to Megan’s Law:
(a) AB 488 (Parra), which would provide that public dissemination of sex offender information pursuant to Megan’s Law shall occur through an Internet Web site operated by the Department of Justice (DOJ), as specified.
(b) With amendments, AB 1224 (Diaz), which states legislative intent to improve the sex offender database upon a Budget Act appropriation.
(c) SB 650 (Battin), which would repeal the January 1, 2007 sunset date on Megan’s Law.
[Rules Committee referral 2/25/04 – Item 3.2 (c)(1)(a)]
Council Member
Chavez, Chair
Council Member
Williams, Chair
Council Member
Yeager, Chair
* Recommendation: Approval of a Joint Use Agreement between the County of Santa Clara and the City of San José for the construction and use of the San Tomas Aquino/Saratoga Creek Trail Reach 6. CEQA: Addendum to Negative Declaration, March 27, 2003, PP03-03-084. Council District 1. (Parks, Recreation and Neighborhood Services)
Council Member Cortese, Chair
* Recommendation: Adoption of a resolution:
(a) Determining that public use and necessity require the acquisition of:
(1) Fee title to a portion of property located near Old Yerba Buena Road, owned by Legacy Partners, LLP for a recycled water storage facility site; and
(2) Permanent easements for access, overflow, and pipelines.
(3) Temporary construction easements (TCE) for recycled water storage facility access, pipelines, and overflow drains.
(b) Finding that:
(1) The property to be taken is necessary for the completion of the Zone 3 recycled water storage facility project;
(2) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
(3) City staff established an amount of just compensation not less than the approved appraisal of the fair market value and,
(4) City staff presented an offer to the owners for the full appraised amount; and
(5) The proposed taking and use are authorized by law;
(c) Directing the City Attorney to file an eminent domain action to acquire the above property interests.
CEQA: Negative Declaration, PP00-05-072. Council District 8. (Public Works/Environmental Services)
(Deferred from 2/24/04 – Item 7.2)
* DROP
Recommendation:
(a) Approval of Contract Change Order No. 22 for the Interim Federal Inspection Services Facility Project with SJ Amoroso Construction Company for a credit in the amount of $474,416.
(b) Approval of Contract Change Order No. 12 for the Airport Security System Upgrade Project in the amount of $540,884 for a total contract amount of $3,729,449.
(c) Approval to increase the construction contingency amount for the Airport Security System Upgrade Project by $540,884 from $290,000 to $830,884.
CEQA: Resolution Nos. 67380 and 71451, PP 04-01-021. (Public Works)
· 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.
* This meeting is adjourned in memory of Eusevio “Ike” Hernandez, former Deputy Chief of Police, and employee of the San José Police Department for 31 years; in memory of Patrick Horrigan, retired Sunnyvale Public Safety Officer and father of Meghan Horrigan, Mayor's office and Sheelagh Horrigan-Carleton, Council District 5; also in memory of Kulwant Singh, Satnam Singh, and Hari Singh.
· Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.
(To be heard by the City Council at 7:00 p.m.)
EVENING SESSION
CANCELED
· Adjournment
This meeting will be adjourned in memory of Eusevio “Ike” Hernandez, former Deputy Chief of Police, and employee of the San José Police Department for 31 years; in memory of Patrick Horrigan, retired Sunnyvale Public Safety Officer and father of Meghan Horrigan, Mayor's office and Sheelagh Horrigan-Carleton, Council District 5; also in memory of Kulwant Singh, Satnam Singh, and Hari Singh.
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