SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
MARCH 30, 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 |
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
· Invocation (District 3)
Father William Stout, San José Fire Chaplain
· 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.
* See New Item 1.4, Presentation of a commendation to the San José Earthquakes for a successful season.
* See New Item 2.13, Approval to submit a grant application for the Improvement of Education.
1.1 Administer the Oath of Office for Jeff Clet, Fire Chief. (City Manager's Office/City Clerk's Office)
(Deferred from 3/16/04 – Item 1.1)
*1.2 Presentation of a commendation recognizing the Sustainable Silicon Valley Initiative. (LeZotte; Mayor)
(Rules Committee referral 3/24/04)
*1.3 Commendation to the San José YWCA Rape Crisis Center for their commitment in providing support services and education to the community. (Dando)
(Orders of the Day)
*1.4 Presentation of a commendation to the San José Earthquakes for a successful season. (Mayor)
(Orders of the Day)
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 9, 2004
(b) Joint City Council/Redevelopment Agency Board meeting of March 9, 2004
Recommendation: Final adoption of ordinances:
(a) ORD. NO. 27088 – Amends Chapter 11.48 of Title 11 of the San José Municipal Code to add a Cahill Park Residential Permit Parking Program.
(b) ORD. NO. 27089 – Amends Chapter 11.48 of Title 11 of the San José Municipal Code to add a Delmas Park Neighborhood Permit Parking Program.
(c) ORD. NO. 27090 – Amends Chapter 11.24 of Title 11 of the San José Municipal Code to add a new section to designate Seventeenth Street between San Fernando Street and San Antonio Street as a one-way street.
(d) ORD. NO. 27091 – Amends Title 20 of the San José Municipal Code to revise provisions relating to the Downtown Zoning Districts.
(e) ORD. NO. 27092 – Rezones certain real property situated in the area generally bounded by Balbach Street (north), South Market Street (east), Interstate 280 (south), and Almaden Boulevard (west), to DC Downtown Commercial Neighborhood Transition 1 Zoning District. C 03-072
(f) ORD. NO. 27093 – Rezones certain real property situated on the north side of Berryessa Road, approximately 50 feet easterly of Mabury Road (929 Berryessa Road), to A(PD) Planned Development Zoning District. PDC 03-106
(g) ORD. NO. 27094 – Rezones certain real property situated on the easterly side of Vera Lane, approximately 100 feet westerly of Roeder Road, to A(PD) Planned Development Zoning District. PDC 03-031
(h) ORD. NO. 27095 – Rezones certain real property situated on the east side of Boynton Avenue, approximately 150 feet north of Underwood Drive, to A(PD) Planned Development Zoning District. PDC 03-063
(i) ORD. NO. 27096 – Rezones certain real property located on the east side of South Cypress Avenue, approximately 70 feet northerly of Adra Avenue, to A(PD) Planned Development Zoning District. PDC 03-055
(j) ORD. NO. 27097 – Rezones certain real property situated at the northwest corner of Almaden Avenue and W. Virginia Street to A(PD) Planned Development Zoning District. PDC 02-057
Recommendation: Final adoption of ordinances:
(k) ORD. NO. 27098 – Rezones certain real property situated on the north side of Blossom Hill Road opposite the terminus of Croydon Avenue, to A(PD) Planned Development Zoning District. PDC 03-088
(l) ORD. NO. 27099 - Rezones certain real property situated on the south side of Wabash Street, approximately 440 feet easterly of North First Street (also approximately 460 feet easterly of Archer Street) to R-M Residential Zoning District. C 04-005
(m) ORD. NO. 27100 – Rezones certain real property situated on the north side of Hillsdale Avenue, opposite the northerly terminus of Vistapark Drive, to A(PD) Planned Development Zoning District. PDC 03-107
Recommendation: Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the King and Story Road Improvements Project and the Children’s Discovery Museum Enhancements, with a net impact to the fund of $742,010. CEQA: Not a Project. Council Districts 3 and 5. (City Manager’s Office)
Recommendation: Approval of a continuation agreement to the Foreign Trade Zone (FTZ) Agreement with San José Distribution Services to continue the term of the agreement to June 30, 2004, with no change to any other terms and conditions of the agreement. CEQA: Not a Project. (Economic Development)
Recommendation:
(a) Adoption of a resolution authorizing the City Manager to negotiate and execute a grant agreement with Pacific Gas and Electric (PG&E) to conduct a Silicon Valley Energy Collaborative Program and to accept a grant in an amount not to exceed $516,742, for the term from March 30, 2004 through June 30, 2006.
(b) Adoption of the following appropriation ordinance and funding sources resolution amendments in the General Fund:
(1) Increase the Environmental Services Department’s Personal Services appropriation by $65,189.
(2) Increase the Environmental Services Department’s Non-personal/Equipment appropriation by $10,000.
(3) Increase the estimate for Revenue from Local Agencies by $75,189.
CEQA: Not a Project. (Environmental Services/City Manager’s Office)
Recommendation: Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #17, and authorization for the Director of General Services to execute the purchase orders. CEQA: See memo for CEQA designation(s). (General Services)
Recommendation: Adoption of a resolution initiating proceedings and setting April 13, 2004 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as McKinley No. 109, which involves the annexation to the City of San José of 0.67 gross acre, located at the southeast corner of White Road and Buckner Road, and the detachment of the same from the following special districts, including: County Lighting Service, Central Fire Protection, Area No. 01 (Library Services) County Service, and County Sanitation Districts 2 and 3. CEQA: Resolution No. 65459. Council District 5. (Planning, Building and Code Enforcement)
* Recommendation: Adoption of the following proposed actions to amend Title 20, the Zoning Code, of the San José Municipal Code pertaining to allowing additional uses in the IP Industrial Park District:
(a) Adoption of an urgency ordinance of the City of San José amending Section 20.50.100 of Title 20, the Zoning Code, to modify the uses allowed in the Industrial Zoning Districts; and
(b) Adoption of a resolution initiating an ordinance of the City of San José amending Section 20.50.100 of Title 20, the Zoning Code, to modify the uses allowed in the Industrial Zoning Districts, to be heard by the Planning Commission on July 28, 2004, and setting a public hearing to be heard by the City Council on August 17, 2004 at 7:00 p.m.
CEQA: Exempt, PP04-03-073. SNI Area: All. (Planning, Building and Code Enforcement)
Recommendation: Reports on bids and award of contract for the King Road Improvement Project, from 200 feet south of Barberry Lane to King Court, to the low bidder, Golden Bay Construction, Inc., in the amount of $244,167, and approval of a contingency in the amount of $49,000. CEQA: Exempt, PP03-10-321. Council Districts 7 and 8. SNI: West Evergreen. (Public Works/Transportation)
Recommendation: Report on bids and award of contract for the Street Lights Neighborhood Enhancement Project to the low bidder, San José Signal Electric Construction Inc., in the amount of $125,000, and approval of a contingency in the amount of $12,500. CEQA: Exempt, PP01-02-023. Council Districts 1, 3, and 5. SNI: Washington/Winchester/Delmas Park. (Public Works)
Recommendation: Approval of an agreement with ThirdWave Corporation for consultant services for the development of a Silicon Valley-Intelligent Transportation System Infrastructure Master Plan, for the period February 17, 2004 to December 30, 2004, in an amount not to exceed $180,000. CEQA: Exempt, PP00-02-026. (Transportation)
Recommendation: Approval of the following actions to support implementation of the 3rd and 4th Street Couplet Conversion Project:
(a) Approval of an agreement with BKF Engineers to provide transportation engineering services in an amount not to exceed $265,000.
(b) Approval of agreements with Union Pacific Railroad for modifications to the railroad crossings on 3rd and 4th Streets in an amount not to exceed $520,773.
CEQA: Negative Declaration, PP02-05-115. Council District 3. SNI: 13th Street. (Transportation)
* Recommendation:
Adoption of a resolution authorizing the City Manager to:
(a) Submit a grant application to the United States Department of Education Fund for the Improvement of Education; and
(b) Negotiate and execute a grant agreement not to exceed $397,640, for a term from June 1, 2004 through June 1, 2006.
(Parks, Recreation and Neighborhood Services)
(Orders of the Day)
Mayor Gonzales,
Chair
Vice Mayor
Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review March 30, 2004 Draft Agenda
(2) Add New Items to March 23, 2004 Amended Agenda
· Mayor and Council Member Requests
· City Manager Requests
· City Attorney Requests
· City Clerk Requests
(b) (3) List of Reports Outstanding
(c) Legislative Update
(1) State
(a) Request to support “The Local Tax Payers and Public Safety Protection Act”
HEARD BY COUNCIL ON 3/23/04
(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 Manager’s report on senior staff hiring
(2) City Manager’s report on the San José
Family Camp Manager hiring process
DEFERRED TO 3/24/04 RULES COMMITTEE
(h) Oral communications
(i) Adjournment
Council Member
Campos, Chair
Recommendation: PUBLIC HEARING and adoption of a resolution confirming the report of the Directors of Finance and Transportation on the cost of sidewalk repairs, confirming the assessments contained in the report and directing the recording of liens. CEQA: Not a Project. (Finance/Transportation)
Supplemental Memo
Supplemental Attachment A
Recommendation: Acceptance of the Office of the City Auditor’s Report on Sales and Business Tax Audit Results for the Quarter Ended December 31, 2003. (City Auditor)
(Rules Committee referral 3/24/04)
Recommendation: Adoption of a resolution supporting the United Nations Millenium Development Goals. (Chavez)
(Rules Committee referral 3/24/04)
Recommendation: Adoption of a resolution:
(a) Declaring results of the March 2, 2004 Municipal Election pursuant to Elections Code Section 15400; and,
(b) Calling for a Run-Off Election to be held November 2, 2004, setting a deadline of August 3, 2004 for ballot measures to be added to the ballot, and authorizing the City Clerk to take such actions necessary to facilitate the Election.
(Acting City Clerk)
(Deferred from 3/23/04 – Item 3.4)
RECOMMEND DEFERRAL TO 4/6/04
Council Member
Chavez, Chair
Summary
(a) Strong Neighborhood Initiative – SNI Business Plan
(b) Preliminary discussion on strategy to update Greenprint
(c) Trails Update: Discussion on Current Trails Status and Recommended Trail Development
(d) Neighborhood Investment and Development Update
(e) Oral petitions
(f) Adjournment
Council Member
Williams, Chair
Recommendation: Adoption of a resolution initiating proceedings to amend Part 7 of Chapter 20.80 of Title 20 of the San José Municipal Code to allow the concurrent sale of food and alcohol at gasoline service stations under certain circumstances, setting a public hearing on May 4, 2004 at 7:00 p.m. on a proposed ordinance, and referring the proposed amendments to the Planning Commission for report or recommendation. CEQA: Not a Project. (Planning, Building and Code Enforcement)
(Deferred from 1/27/04 – Item 4.4 and 2/24/04 – Item 4.4)
DEFERRED 60 DAYS BY RULES COMMITTEE 3/17/04
Recommendation: Report on bids and award of contract for Improvement District No. 99-218SJ (Hellyer-Piercy), Contract #3 to the low bidder, Granite Construction, in the amount of $2,595,964, and approval of a contingency in the amount of $390,000. CEQA: Resolution No. 69699. Council District 2. (Public Works)
(Deferred from 3/16/04 – Item 4.4)
* Recommendation: Approval of an ordinance amending Section 4.46.050 of Chapter 4.46 of Title 4 of the San José Municipal Code to:
(a) Clarify the industrial use designation for buildings or structures subject to collection of Building and Structure Construction Taxes;
(b) Add certain industrial uses to the expanded list for the purpose of collecting Building and Structure Construction Taxes;
(c) Clarify the procedures to collect taxes for building permits that are issued separately for building shell and the first tenant improvements.
CEQA: Not a Project. (Planning, Building and Code Enforcement/Economic Development)
* Recommendation:
(a) Adoption of the following appropriation ordinance and funding sources resolution amendments in the General Fund:
(1) Increase the City-Wide appropriation for the Coyote Valley Specific Plan by $2,000,000; and
(2) Increase the estimate for Other Revenue by $2,000,000.
(b) Take the following actions in regard to the preparation of the Coyote Valley Specific Plan:
(1) Approval of a consultant agreement with the Dahlin Group land planning and urban design team to prepare the Coyote Valley Specific Plan, Design Guidelines, and Zoning Districts for an amount not to exceed $2,000,000.
(2) Delegate the authority to approve minor amendments to the consultant agreement to the Director of Planning, Building and Code Enforcement to account for increases in funding received from Coyote Housing Group, LLC and minor schedule or task changes that are necessary to conform to the City Council’s Vision and Expected Outcomes for the Coyote Valley Specific Plan, and delegate to the Director the authority to extend the term of this agreement for up to 12 months to ensure the successful completion of this planning effort.
CEQA: Exemption, PP03-06-211. Council District 2. (Planning, Building and Code Enforcement). RECOMMEND DEFERRAL TO 4/6/04
* Recommendation:
(a) Approval of a framework for evaluating proposed conversions of employment lands, including direction for the City's key employment subareas and criteria to evaluate individual proposals; and
(b) Direction to staff to utilize the Framework
approved by the City Council when analyzing proposed conversions of employment
lands to other uses.
Memo C
Memo D
Memo E
Memo F
Memo G
Memo from Mayor and Councilmember Reed
CEQA: Not a Project. SNI: All. (City Manager’s Office)
Council Member
Yeager, Chair
* Recommendation: Report on bids and award of contract for the San Tomas Aquino/Saratoga Creek Trail Reach 6 Project to the low bidder, Granite Rock Company dba Pavex Construction Division, in the amount of $1,833,000, and approval of a contingency in the amount of $183,300. CEQA: Addendum to Negative Declaration, PP03-03-084, March 27, 2003. Council District 1. (Public Works/Parks, Recreation and Neighborhood Services)
Council Member
Cortese, Chair
Recommendation: Report on Request for Quotation (RFQ) and authorization for the Director of General Services to execute open purchase orders to the following vendors:
(a) Raisch Company in the amount of $1,072,400;
(b) Granite Rock, in the amount of $464,705; and
(c) Reed & Graham, in the amount of $690,040.
CEQA: Exempt, PP04-041. (General Services)
Recommendation: Report on bids and award of contract for the construction project entitled “San José/Santa Clara Water Pollution Control Plant, FY 2003/2004 Capital Improvement Program, MCC G1, G2, and DAFT Console ‘A’ Replacement Project” to the low bidder, Rosendin Electric Incorporated, in the amount of $1,096,346, and approval of a contingency in the amount of $165,000, for a total not to exceed amount of $1,261,346. CEQA: Exempt, PP04-02-036. (Environmental Services)
CONVENE
REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEM 10.1 IN A JOINT SESSION
Recommendation:
(a) Adoption of an appropriation ordinance and funding source resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) by the City Council to:
(1) Establish an appropriation to the Department of Parks, Recreation and Neighborhood Services for the San José Child Care Facility Development Project (PSM 345) by $856,000.
(2) Increase the estimate for Earned Revenue by $856,000.
(b) Adoption of a resolution by the City Council authorizing the City Manager to negotiate and execute an agreement with San José Day Nursery in an amount not to exceed $856,000 for the development and renovation of San José Day Nursery’s existing facilities located at 33 North Eighth Street, San José, CA 95112 to be operated as a Smart Start San José Early Care and Education Center for a term ending June 30, 2018.
(c) Adoption of a resolution by the Redevelopment Agency Board authorizing the Interim Executive Director to negotiate and execute an agreement with the City and San José Day Nursery, providing for the Agency’s monitoring of the design and construction of San José Day Nursery’s Project.
CEQA: Exempt, PP04-03-062. Council District 3. (City Manager's Office/Redevelopment Agency)
(Deferred from 3/16/04 – Item 10.2)
ADJOURN
REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING
· Closed Session Report
· Notice of City Engineer’s Pending Decision on Final Maps
|
Tract |
Location |
Council District |
Developer |
Lots/ Units |
Type |
Proposed Decision |
|
9528 |
Aborn Road & Mosher Drive |
8 |
Pinn Brothers/Blossom Valley Investors Inc. |
26 units |
SFD |
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.
· Adjournment
[ Clerk Home | Agenda Index ]