SAN JOSE CITY COUNCIL

&

GENERAL PLAN AMENDED AGENDA

 

DECEMBER 16, 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

                                    See Separate Agenda

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

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

                                 General Plan Hearings, Council Chambers, City Hall

 

·                   Invocation (Mayor)

            Wasim Malik, President of Ahmadiyya Muslim Community, Silicon Valley Chapter

 

·                   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 1.3, Presentation of a certificate from the San José Unified School District to the San José Fire Department.

            TO BE HEARD IN THE EVENING

 

*          1.3       Presentation of a certificate from the San José Unified School District to the San José Fire Department for their efforts in the Gardner Elementary and Pioneer School fires.  (Chavez/Yeager)

            (Orders of the Day)

            TO BE HEARD IN THE EVENING

 

1     CEREMONIAL ITEMS


 

1.1       Presentation of 2003 Annual Giving Campaign City Employee/Retiree Contribution Total to Arts Council of Silicon Valley, Community Health Charities, Earth Share of California, and United Way Silicon Valley.  (City Manager’s Office)

 

1.2       Recognition of City staff who have achieved Accreditation in the Leadership in Energy and Environmental Design (LEED) Program, a key aspect of the City's Green Building Policies and Program.  (LeZotte).

 

 

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. 27027 – Approves a development agreement between the City of San José and EBAY, Inc. relative to the development of property in North San José.

 

            (b)        ORD. NO. 27028 – Rezones certain real property situated on the west side of North First Street, either side of Component Drive to IP(PD) Planned Development Zoning District.  PDC 03-073

 

            (c)        ORD. NO. 27030 - Rezones certain real property situated on the southwest corner of Stevens Creek and South Winchester Boulevards (Santana Row) to A(PD) Planned Development Zoning District.  PDC 03-083

 

            (d)        ORD. NO. 27031 - Rezones certain real property situated on the northeast corner of S. Fifth and Keyes Streets to A(PD) Planned Development Zoning District.  PDC 03-029

 

          (e)        ORD. NO. 27032 Rezones certain real property situated at the southeast corner of Blossom Hill and Cottle Roads to IP(PD) Planned Development Zoning District.  PDC 02-086

                        [Deferred from 12/9/03 – Item 2.2(c)]

 

            (f)         ORD. NO. 27033 – Amends Part 3 of Chapter 13.48 of Title 13 of the San José Municipal Code to amend Section 13.48.250 and add Sections 13.48.330 and 13.48.340 to provide for Historic Preservation (HP) Permit Amendments and HP Permit Adjustments.

 

            (g)        ORD. NO. 27034 – Amends Part 1 of Chapter 23.04 and Section 23.02.1010 of Chapter 23.02, all of Title 23 of the San José Municipal Code, to reduce and simplify signage regulations in Industrial and Commercial Zones of the City.

 

            (h)        ORD. NO. 27035 – Repeals Ordinance 23523 to transfer the permitting authority in the Downtown Core and Julian Stockton Area from the Executive Director of the Redevelopment Agency to the Director of the City’s Planning, Building, and Code Enforcement Department.

 

2.3              Approval of actions related to the extension of Runway 30L at the Airport.

 

*            Recommendation:  Adoption of a resolution authorizing the City Manager to award the Norman Y. Mineta San José International Airport Runway 30L Extension – 2004 Project to the lowest responsive bidder, and approval of a 15 percent contingency, in an amount not to exceed the funds appropriated for the Project.  CEQA:  Resolution Nos. 67380 and 71451, PP03-10-344.  (Airport/ Public Works)

 

2.4              Approval of various actions related to Supplemental Retiree Benefit Reserve distribution methodology.

 

            Recommendation:  Adoption of a resolution approving the proposed Supplemental Retiree Benefit Reserve (SRBR) distribution methodology and the distribution of $1,000,000 to all retirees and survivors of retirees as of June 30, 2003.  CEQA:  Not a Project.  (Board of Administration Federated City Employees’ Retirement System)

 

2.5              Approval of actions related to the Los Esteros Critical Energy Facility.

 

*            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute:

            (a)        A first amendment to the Master Agreement for Conveyance of Interests in Real Property between the City and Los Esteros Critical Energy Facility, LLC (LECEF) to modify the process for obtaining an appraisal of fair market value for specific easements and licenses on Water Pollution Control Plant (WPCP) bufferlands; and

            (b)        A modified Pole Line License agreement to realign space to be used by the Licensee, and to grant an option to convert the license to an easement at any time prior to expiration of the term. 

CEQA:  Resolution No. 70259 and Addenda thereto, PDCSH01-088.  (City Attorney/Environmental Services)

 

2.6              Approval of an agreement for consultant services.

 

            Recommendation:  Approval of the first amendment to the agreement for consultant services between the City of San José and Kennedy/Jenks Consultants, extending the term of the agreement for 24 months, from December 31, 2003 to December 31, 2005; and to modify the scope of the design and construction support services to include alternative retrofit sites and additional recycled water pipelines in San José at no additional cost.  CEQA:  Resolution No. 64667, SCH# 92-01-3071 and Addenda thereto including No. 12, “SJ-5 Coleman Amendment.”  (Environmental Services)

 

2.7              Approval of agreements related to the Hayes Mansion. 

 

*          Recommendation:  Adoption of a resolution authorizing the City Manger to negotiate and execute banking service agreements with Comerica Bank and agreements with credit card providers and processors related to the operation of the Hayes Mansion.  CEQA:  Not a Project.  (Finance)

 

2.8              Approval of fiscal actions related to developing a fire station and auxiliary training site on a portion of the 1608 Las Plumas Avenue site.

 

            Recommendation: 

            (a)        Adoption of the following appropriation ordinance and funding sources resolution amendments in the Multi-Source Housing Fund:

                        (1)        Increase the Transfer from Other Funds by  $1,075,000.

                        (2)        Increase the Ending Fund Balance by $1,075,000.

            (b)        Adoption of the following appropriation ordinance amendments in the Neighborhood Security Bond Fund:

                        (1)        Establish a Transfer to the Multi-Source Housing Fund for Land Acquisition in the amount of $1,075,000.

                        (2)        Decrease the Land Acquisition - Fire Station appropriation by $645,000.

                        (3)        Decrease the Land Acquisition - Fire Training Site appropriation by $430,000.

            CEQA:  Exempt, PP03-10-337.  Council District 3.  (Housing/Fire/Public Works/City Manager's Office)

 

2.9              Approval of various actions related to public art.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute agreements with:

            (a)       Clark Wiegman (dba Artifact, Inc.) to fabricate and install artwork at the new Rosegarden Branch Library for an amount not to exceed $101,609.  CEQA:  Exempt, PP03-10-309.  Council District 6.

            (b)        Jun Kaneko to fabricate and install artwork at the Repertory Theatre Public Plaza for the Transit Mall/Twohy Building public art project, for an amount of $300,000.  CEQA:  Exempt, PP03-10-319.  Council District 3.

            (c)        Anna Valentina Murch and Doug Hollis to fabricate and install a water feature at the New Civic Center for an amount not to exceed $2,350,000.  CEQA:  Exempt, PP03-02-072.  Council District 3.

            (Conventions, Arts and Entertainment)

 

2.10          Approval to amend an agreement for landscape architecture services in SNI areas.

 

*           Recommendation:  Adoption of a resolution authorizing the Director of Housing to negotiate and execute:

            (a)        A second amendment to the agreement with Catalyst for landscape design, architectural, and planning services in SNI areas, increasing the compensation amount by $75,000, from $100,000 to $175,000, and extending the term of the agreement to June 30, 2004.

            (b)        A second amendment to the agreement with The Beals Group for landscape design, architectural, and planning services in SNI areas, increasing the compensation amount by $25,000, from $100,000 to $125,000, and extending the term of the agreement to June 30, 2004.

            CEQA:  Not a Project.  (Housing)

 

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

 

            Recommendation: 

            (a)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #8, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

            (b)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #9, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

 

2.12         Approval of various actions related to Neighborhood Housing Services Silicon Valley.

 

*         Recommendation:  Adoption of a resolution authorizing the Director of Housing to negotiate and execute:

            (a)        An agreement with Neighborhood Housing Services Silicon Valley (NHSSV) in the amount of $550,000 for operation of the HomeOwnership Center for the period July 1, 2003, to June 30, 2005.

            (b)        An amendment to the Home Venture Fund grant agreement with NHSSV to increase the amount from $4,500,000 to $5,200,000, to provide direct down-payment assistance loans to low and moderate-income homebuyers.

            CEQA:  Not a Project.  (Housing)

 

2.13          Approval of various actions to modify the Teacher Homebuyer Program.

 

*          Recommendation:  Adoption of a resolution modifying the Teacher Homebuyer Program as follows:

            (a)        Decreasing the maximum loan amount from $40,000 to $25,000 for teacher households that earn between 90% and 120% of Area Median Income (AMI).

            (b)        Continuing the $40,000 current maximum loan for teacher households earning less than 90% of the AMI.

            (c)        Establishing a maximum home purchase price of 95% of the median home price for the San José Metropolitan Area.

            (d)        Making the proposed changes applicable to home purchase contracts executed after January 31, 2004.

            (e)        Authorizing the Director of Housing to negotiate and execute all necessary documents evidencing the program changes on behalf of the City.

            CEQA:  Not a Project.  (Housing)

 

2.14          Approval of a lease agreement related to Ramblewood Park.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a lease agreement with the Franklin McKinley School District to allow the design, construction, and operation of an elementary school and surrounding improvements on not more than 4.08 acres of Ramblewood Park. CEQA:  Mitigated Negative Declaration adopted by the Franklin McKinley School District on December 9, 2003 (Resolution No. 2003-27). Council District 7.  (Parks, Recreation and Neighborhood Services)

 

2.15          Approval of an agreement for animal shelter services.

 

*            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Humane Society Silicon Valley for the Humane Society to provide the month-to-month City-specific animal shelter services for the period of January 1, 2004, through June 30, 2004, at a cost to the City not to exceed $984,000.  CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services)
RECOMMEND DEFERRAL TO 1/13/04

 

2.16          Approval of actions related to the annexation of Cambrian No. 32.

 

            Recommendation:  Adoption of a resolution approving the reorganization of territory designated as Cambrian No. 32, which involves the annexation to the City of San José of 1.83 acres of land more or less, consisting of one parcel approximately 1.00 acre located at the south side of Curtner Avenue, approximately 630 feet westerly of South Bascom Avenue, and includes a portion of right-of-way of Curtner Avenue and South Bascom Avenue totaling 0.83 acre, located approximately between 300 feet east of Joseph Avenue and the intersection of Curtner and South Bascom Avenues, and between the intersection of Curtner and South Bascom Avenues and Lyle Lane, and generally bounded by the City of San José Annexations Cambrian Nos. 11, 25, 28, 7, 17, 5, 10, and 12-A, Camden Nos. 1, and 2, and Foxworthy No. 3, and the detachment of the same from West Valley Sanitation District, Santa Clara County Lighting Services, Central Fire Protection District, and Santa Clara County (Library Services) Area No.1.   CEQA:  Mitigated Negative Declaration, PDC03-046.  Council District 9.  (Planning, Building and Code Enforcement)

 

2.17        Approval of an agreement for domestic violence victim advocacy services.

 

*          Recommendation:

            (a)        Approval of a consultant agreement with Next Door Solutions to Domestic Violence to provide domestic violence victim advocacy services for the period of November 1, 2003 through October 31, 2004, in the amount not to exceed $33,390;

            (b)        Adoption of a resolution:

                        (1)        Authorizing the City Manager to exercise the first one-year renewal for the period of November 1, 2004 through October 31, 2005, in the amount not to exceed $36,730, subject to the annual appropriation of funds; and,

                        (2)        Authorizing the City Manager to exercise the second one-year renewal for the period of November 1, 2005 through October 31, 2006, in the amount not to exceed $40,403, subject to the annual appropriation of funds.

            CEQA:  Not a Project.  (Police)

 

2.18          Approval of various actions related to Communications Hill Specific Plan area.

 

Recommendation:  

            (a)        Approval of an agreement with Summerhill Homes for funding and investigation of the feasibility of annexing territory to Community Facilities District No. 8 (Communications Hill) to fund maintenance of various areas and amenities within the Communications Hill Specific Plan area.

            (b)        Adoption of an appropriation ordinance and a funding sources resolution amendment in the Residential Construction Tax Contribution Fund No. 420:

                        (1)        Establish an appropriation to the Department of Public Works for the Community Facilities District No. 8 Annexation Project in the amount of $20,000.

(2)        Increase the estimate for Earned Revenue by $20,000.

            CEQA:  Negative Declaration and Addenda thereto, PP03-11-361.  Council District 7.  (Public Works/City Manager's Office)

 

2.19          Approval of an agreement for improvement of Montague Expressway and the intersection of Abel Street and Calaveras Boulevard.

 

            Recommendation:  Approval of a cooperation agreement with the City of Milpitas and County of Santa Clara for the improvement of Montague Expressway from De La Cruz Boulevard to Highway 680, and the intersection of Abel Street and Calaveras Boulevard.

            CEQA:  Resolution No. 67510, HSH96-12-89.  Council District 4.  (Public Works)

 

2.20          Approval of actions and setting of a public hearing to vacate a portion of O’Nel Drive.

 

            Recommendation:  Adoption of a resolution of intention to vacate a portion of O’Nel Drive between Guadalupe Parkway and Karina Court and reserving a public service easement over the entire area and the sidewalk easement on both sides of O’Nel Drive, and setting a public hearing on January 13, 2004 at 1:30 p.m.  CEQA:  Resolution to be adopted.  Council District 4.  (Public Works)

 

2.21          Approval of an agreement related to the New Civic Center Project.

 

*         Recommendation:  Adoption of a resolution authorizing the Director of General Services to negotiate and execute a first amendment to the agreement with John/Rife Group for professional services related to furniture programming and design services for the New Civic Center Project to provide for additional services, and increasing the compensation from $634,000, to a total agreement amount to exceed $1,033,166.  CEQA:  Resolution No. 68905.  Council District 3.  (Public Works/General Services)

 

2.22          Approval of action related to the Almaden Winery Community Center Seismic Retrofit Project.

 

*          Recommendation:  Report on bids and award of contract for the Almaden Winery Community Center Seismic Retrofit Project to the lowest responsive bidder, John Plane Construction, Inc. to include the base bid and Add Alternate No. 1, in the amount of $1,764,000, and approval of a contingency in the amount of $176,400.  CEQA:  Exempt, PP03-10-328.  Council District 10.  (Public Works/Parks, Recreation and Neighborhood Services)

 

2.23          Approval of action related to the Rose Garden Branch Library Project.

 

*         Recommendation:  Report on bids and award of contract for the construction of the Rose Garden Branch Library Project to the low bidder, Robert A Bothman, Inc., to include the base bid and Add Alternates Nos. 1, 2, and 3 in the amount of $7,405,265, and approval of a contingency in the amount of $370,000.  CEQA:  Negative Declaration, PP H02-065.  Council District 6.  (Public Works/Library)
Supplemental

 

2.24          Approval to amend an agreement for the Route 87 Freeway Project.

 

            Recommendation:  Approval of a sixth amendment to the consultant services agreement with Parsons Transportation Group, Inc. relating to the Route 87 Freeway Project, extending the term of the agreement from December 31, 2003 to June 30, 2004, at no additional cost.  CEQA: Resolution No. 65071, PP94-1-15.  Council District 3.  (Transportation)

 

2.25          Award of a contract for the Wheelchair Ramp Project.

 

            Recommendation:  Report of the bids and award of contract for the 2002-03 and 2003-04 Wheelchair Ramp Project to the low bidder Valley Concrete and Redwood Inc., in the amount of  $440,524, and approval of a contingency in the amount of $44,052.  CEQA:  Exempt, PP02-03-059.  (Transportation)

 

2.26          Approval of a grant agreement with Our City Forest.

 

            Recommendation:  Approval of the Operating and Tree Planting Grant Agreement with Our City Forest for Fiscal Year 2003-2004 and in an amount of $227,000.  CEQA:  Exempt, PP03-11-365.  (Transportation)

 

2.27          Approval to amend an agreement related to the Almaden/Woz Way Parking Lot.

 

            Recommendation:  Approval of the second amendment to a lease agreement with Boston Properties (dba BP Almaden Associates, LLP) in the amount of $240,000, $20,000 per month, for the leasing of the property commonly referred to as Almaden/Woz Way parking lot, located at 282 Almaden Boulevard, and extension of the agreement term through December 31, 2004.  CEQA:  Not a Project.  (Transportation)

 

2.28          Approval of an agreement related to the parking access and revenue control system for the Convention Center, 3rd Street, and Market/San Pedro Garages.

 

Recommendation: 

(a)        Adoption of a resolution authorizing the Director of General Services to:

                        (1)        Execute an agreement with Scheidt and Bachmann USA Inc. for the purchase of parking access and revenue control systems (PARCS) for the Convention Center, 3rd Street, and Market/San Pedro Garages, for a total cost of $1,508,051 including delivery, installation, training, tax, and first year of maintenance.

                        (2)        Execute change orders in an amount not to exceed a $150,805 (10%) contingency to cover unanticipated changes in the system design and/or installation; and

            (b)        Adoption of the following appropriation ordinance amendments in the General Purpose Parking Fund:

                        (1)        Increase the appropriation to the Department of Transportation for the Revenue Control Equipment project by $318,856.

                        (2)        Decrease the Ending Fund Balance by $318,856. 

*            CEQA:  Exempt, PP03-12-386.  (Transportation/General Services/City Manager's Office)

  

2.29     Approval of vacation located on the northeasterly side of Country Club Parkway

 

            Recommendation:  Adoption of a resolution summarily vacating a portion of the 15-foot wide Regional Trail Easement lying within Lot 90, Tract 8715 and Lot 128, Tract 8468 located on the northeasterly side of Country Club Parkway, between Assisi Court and Glen Eagles Drive.  CEQA:  Silver Creek Valley Country Club EIR, adopted October 4, 2003, Resolution No. 61784, PDC91-065.  Council District 8.  (Public Works)

            (Deferred from 12/9/03 – Item 2.14)

 

2.30     Approval of amendment to agreement for Elections Commission evaluator services.

 

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Attorney to negotiate and execute a fourth amendment to the agreement with Hanson, Bridgett, Marcus, Vlahos, Rudy LLP, to increase the maximum amount of compensation to provide investigation services as the Evaluator to the San Jose Elections Commission by an additional $20,000, to a total amount not to exceed $140,000.

            (b)        Adoption of the following appropriation ordinance amendments in the General Fund:

                        (1)        Decrease the Contingency Reserve by $20,000.

                        (2)        Increase the Campaign Finance Review/Ethics appropriation in City-Wide to the Office of the City Clerk in the amount of $20,000.

            (City Attorney’s Office/City Clerk)

            (Rules Committee referral 12/10/03)

 

2.31     Approval of amendment to agreement with Prolaw Software to extend the term.

 

            Recommendation:  Adoption of a resolution authorizing the City Attorney to negotiate and execute a second amendment to the agreement with West Publishing Company, dba Prolaw Software, to extend the term through June 30, 2004, at no additional cost to the City, and authorizing the City Attorney to negotiate and execute further amendments to the agreement to extend the term, if required.  (City Attorney’s Office)

            (Rules Committee referral 12/10/03)

 

2.32     Approval of amendment to agreement for consultant services for cable television matters.

 

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Attorney to negotiate and execute a first amendment to the agreement with Miller & Van Eaton, L.L.P. for consultant services related to cable television franchise renewal matters, modifying the scope of services, extending the term through December 1, 2004, and increasing the amount of total compensation by $300,000, to a total amount not to exceed $375,000.

            (b)        Adoption of the following Appropriation Ordinance amendments in the General Fund:

                        (1)        Decrease the Contingency Reserve by $300,000

                        (2)        Establish an appropriation in City-Wide for Cable Television Franchise Renewal to the Office of the City Attorney in the amount of $300,000.

            (City Attorney’s Office)

            (Rules Committee referral 12/10/03)

 

2.33     Approval of various fiscal actions related to the Local Law Enforcement Services Block Grant Fund.

 

            Recommendation:  Adoption of the following amendments to the annual funding sources resolution in the General Fund (Fund 001) and Local Law Enforcement Services Block Grant Fund (Fund 415) for Fiscal Year 2003-2004:

            (a)        Increase the Earned Revenue Estimate from the Federal Government by $676,505.

            (b)        Transfer $75,167 from the General Fund Contingency Reserve to the Local Law Enforcement Services Block Grant Fund.

            CEQA:  Not a Project.  (City Manager’s Office/Police)

            (Rules Committee referral 12/10/03)

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – December 3, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review December 16, 2003 Draft Agenda

                        (2)        Add New Items to December 9, 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

                                    (a)        Federal Lobbyist Monthly Report

                        (3)        2004 Legislative Priorities

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

                        (1)        Disability Advisory Commission

                        (2)        Parks and Recreation Commission

                        (3)        Senior Citizens Commission

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Analysis of policies and criteria for seizing dangerous domestic animals

                        (2)        Request to remove an audit of the Redevelopment Agency Development Review Process

            (h)        Oral communications

            (i)         Adjournment

 

  Report of the Rules Committee

            Vice Mayor Dando, Chair

            Meeting of December 10, 2003

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

            (b)        City Council

                        (1)        Review December 23, 2003 Draft Agenda

                                    DROP – Holiday Closure

                        (2)        Add New Items to December 16, 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

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

                        (2)        Request to remove Business Tax Audits from the City Auditor’s 2003-2004 Workplan

            (h)        Oral communications

            (i)         Adjournment

 

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

  

3.4       Extension of Military Benefits for City employees called to military duty.

 

*          Recommendation:  Adoption of a resolution extending Military Benefits for City employees called to military duty.  (Chavez/Dando/LeZotte/Reed)

            (Rules Committee referral 12/10/03)

 

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              Approval of actions related to the New Civic Center Project.

 

*          Recommendation:  Acceptance of staff’s report on the New Civic Center Project.  CEQA:  New Civic Center Project:  Resolution No. 68905; New Civic Center Parking Garage:  Resolution No. 68905.  (City Manager's Office)

 

4.4              Approval of various actions related to Getting Families Back to Work.

 

*          Recommendation: 

            (a)        Approve the following recommendations for items discussed in Sections B and C and in the Additional Directives to the City Manager section:

                        (1)        Direct the City Attorney to draft an Ordinance amending Section 4.46.050 of Chapter 4.46 of Title 4 of the San José Municipal Code to:

                                    (a)        Clarify the procedures to collect taxes for building permits that are issued separately for building shell and the first tenant improvements;

                                    (b)        Clarify the industrial use designation for buildings or structures subject to collection of Building and Structure Construction Taxes;

                                    (c)        Add certain Driving Industry uses to the expanded list eligible for the suspension on collecting Building and Structure Construction Taxes.

                        (2)        Direct the City Attorney to draft amendments to the Zoning Code to clarify and further develop a concurrent Planned Development Zoning and Planned Development Permits;

                        (3)        Present in Spring 2004 recommendations related to increased higher-density residential development in the Downtown and proceed with the Request for Proposals schedule, as outlined in the report;

*                      (4)        Direct the City Attorney to draft an ordinance to implement tax relief City-wide by suspending for 18 months the Construction Excise Tax by 50% for new companies of 3,000 sq. ft. or less or existing small businesses expanding to no more than 3,000 sq. ft.

                        (5)        Accept the proposed reporting schedules on the Getting Families Back to Work effort and on the “One Voice” effort with direction to bring forward a request to schedule a Study Session in April 2004; and,

                        (6)        Accept staff’s status reports on:

                                    (a)        Improving convenience and accessibility of doing business in San José;

                                    (b)        Strengthening City’s ability to keep and grow sports teams and events;

                                    (c)        Amateur Sports Complex Partnership opportunities;

                                    (d)        Creating a One Start Center;

                                    (e)        Countywide Conceptual Agreement/Collaborative Strategy;

                                    (f)         Citywide effort to achieve 100% high-speed and wireless access service coverage in the City of San José; and,

                                    (g)        Streamlining Special Events process.

                        CEQA:  Not a Project.  (City Manager’s Office)

            (b)        Adoption of a resolution of the Council of the City of San José initiating proceedings on its own motion to amend Title 20 of the San José Municipal Code by amending Part 9 of Chapter 20.100 to streamline the single family house permitting process, to amend Section 20.50.100 to modify the industrial district use regulations to treat assembly uses consistently as a conditional use in areas with a mixed industrial overlay General Plan designation, setting a public hearing thereon, and referring said proposed amendments to the Planning Commission for report or recommendation.  (City Attorney’s Office/Planning, Building and Code Enforcement)

 

4.5              Approval of actions related to the Coyote Valley Specific Plan.

 

*            Recommendation: 

            (A) Adoption of a resolution to formalize the initiation of the Coyote Valley Specific Plan process and

            (B) Accept the Coyote Valley Greenbelt Interim Planning Principles Report.  CEQA:  Exempt, PP03-11-366.  Council District 2.  (Planning, Building and Code Enforcement)

 

4.6              Public Hearing and action on the Bella Castello at Kelley Park Apartments.

 

*            Recommendation:  Adoption of a resolution:

            (1)        Authorizing the Director of Housing to negotiate and execute a Disposition and Development Agreement with ROEM Development Corporation or its designated affiliate, for the acquisition and development of the Bella Castello at Kelley Park Apartments Housing Project;

            (2)        Approving business terms for an acquisition/predevelopment loan in an amount not to exceed $4,265,000 with ROEM Development Corporation or its designated affiliate; and

            (3)        Authorizing the Director of Housing to negotiate and execute all other documents and agreements related to these transactions.

 

5     RECREATION & CULTURAL SERVICES


 

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

 

5.2              Approval of the Bellevue Park Master Plan. 

 

            Recommendation:  Approval of the Bellevue Park Master Plan.  CEQA:  Mitigated Negative Declaration PP03-09-289.  Council District 7.  SNI:  Washington.  (Parks, Recreation and Neighborhood Services)

 

5.3              Approval of various actions related to the Healthy Neighborhood Venture Fund.

 

*          Recommendation: 

            (a)        Adoption of the application process, rating criteria, schedule and associated policies for HNVF Cycle 5.

            (b)        Approval of continued funding for the following HNVF projects:

                        (1)        Homework Centers.

                        (2)        Children’s Health Initiative.

                        (3)        HNVF Administration.

            (c)        Approval of HNVF Policies as follows:

                        (1)        Leverage Policy requiring that proposed projects also provide funding from non-City sources;

                        (2)        Innovation Fund Policy setting up of a Fund for “innovative” projects, the amount for which shall be the higher of $500,000 or 5% of available funds for allocation;

                        (3)        Fiscal Agent Policy allowing applicants to use a fiscal agent to apply on an agency’s behalf only one time;

*                      (4)        For-profit Applicants Policy strongly encouraged that for-profits collaborate and apply for HNVF funding through an eligible nonprofit organization or a public entity;

                        (5)        Multi-Year Funding Policy allowing multi-year funding of up to three (3) years for vital services and only for special cases;

                        (6)        Appeals Policy designating the Director of Parks, Recreation and Neighborhood Services and one HNVF Advisory Committee member as the final authority for determining the disposition of an appeal; and

                        (7)        Number of Applications Policy limiting the number of applications that may be submitted to two (2) per category, except for vital services identified by the City Council as priority services.

            CEQA:  Not a Project.  (Dando)

 

 

5.4              Naming of public facilities.

 

            Recommendation:  Recommendation of the Parks and Recreation Commission to name a new park located at the intersection of Sixth and William Streets "O'Donnell's Gardens Park."  Council District 3.  (Parks and Recreation Commission/City Clerk)

            TO BE HEARD IN THE EVENING

 

 

5.5       To award a contract for the Noble Park Play Area Renovation Project.

 

*          Recommendation:  Report on bids for the Noble Park Play Area Renovation Project with a recommendation to:

            (a)        Find the apparent low bidder, Star Construction, Inc., not responsible based on a history of continuing wage compliance issues and poor performance on both City of San José and other municipal projects by the listed responsible managing office; and

            (b)        Award the contract to the lowest responsible bidder, ESR Construction, Inc., for the base bid and Add Alternate No. 1 in the amount of $261,163, and approval of a ten percent contingency in the amount of $26,000.

            CEQA:  Exempt, PP03-09-284.  Council District 4.  (Public Works/Parks, Recreation and Neighborhood Services)

            (Deferred from 11/25/03 – Item 2.11 and 12/9/03 – Item 2.4)

*          RECOMMEND DEFERRAL TO 1/13/04

 

6     TRANSPORTATION SERVICES


 

6.1              Report of the Building Better Transportation Committee – December 1, 2003

            Council Member Cortese, Chair
Summary

            (a)        Expansion and Improvement of Transit and Transportation Systems

                        (1)        Highway 101 Corridor Report and Policy Direction

            (b)        Traffic Relief/Safe Streets

                        (1)        Taxicab Service Model Study Progress Report

            (c)        Supporting Smart Growth

                        (1)        No items

            (d)        Regional Relationships/Funding/Policy

                        (1)        Update on State, Federal, and Local Legislative

                        (2)        Update on the Santa Clara Valley Transportation Agency (VTA), Valley Transportation Plan (VTP) 2030

                                    SEE ITEM 6.2 FOR COUNCIL ACTION TO BE TAKEN

            (e)        Oral petitions

            (f)         Adjournment

 

6.2              Approval of recommendations to the Valley Transportation Authority on candidate projects and priorities for Valley Transportation Plan 2030. 

 

            Recommendation:  Approval of recommendations to the Valley Transportation Authority on candidate projects and priorities for Valley Transportation Plan 2030.  (Transportation)

            [Building Better Transportation Committee referral 12/1/03 – item 6.1(d)(2)]

6.2 DOT
6.2 DOT Attachment A
6.2 DOT Attachment B
6.2 DOT Attachment C
6.2 CMO
6.2 CMO Attachment A
6.2 CMO Attachment C
6.2 CMO Attachment D

 

6.3              Approval to award a contract for the Winchester Boulevard Median Island Landscape Project.

 

            Recommendation:  Report on bids and award of contract for the Winchester Boulevard Median Island Landscape Project to the lowest responsive bidder, Wattis Construction Co. Inc., in the amount of $1,461,313, and approval of a contingency in the amount of $102,000.  CEQA:  Exempt, PP03-03-079.  Council Districts 1 and 6.  SNI:  Winchester.   (Public Works)

 

 

7     ENVIRONMENTAL & UTILITY SERVICES


 

7.1              Acceptance of the report on Green Building Policies.

 

            Recommendation:  Acceptance of staff’s report on implementation of Green Building Policies.  CEQA:  Not a Project.  (Environmental Services Department)

 

 

8     AVIATION SERVICES


 

8.1              Approval of an agreement related to the Airport’s baggage and security screening system.

 

Recommendation:  Approval of an agreement with URS Corporation for consultant services associated with baggage and security screening system design development for the Norman Y. Mineta San José International Airport Master Plan, in an amount not to exceed $1,177,986, for a term retroactive from October 1, 2003 through September 30, 2004.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-10-325.  (Airport)

 

 

8.2       Airport Commission resolutions requesting the naming of the new airfield and new passenger terminal building complex.

 

*          Recommendation: 

            (a)        Adoption of a resolution naming the airfield at the Norman Y. Mineta San José International Airport the "Ernie Renzel Airfield."

            (b)        Adoption of a resolution naming the passenger terminal building complex at Norman Y. Mineta San José  International Airport the "James M. Nissen Terminal.”

            (Airport Commission)

 

9     PUBLIC SAFETY SERVICES


  

9.1       Approval of an agreement related to the purchase of property for Fire Station No. 17.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to:

            (a)        Execute all documents related to the purchase of a property located at 12395 Blossom Hill Road, for a purchase amount of $1,040,000; and

            (b)        Settle any relocation claims stemming from the City’s purchase of that property.

            CEQA:  Exempt, PP03-11-364.  Council District 9.  (Public Works/Fire)

            (Rules Committee referral 12/10/03)

 

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:

 

Tract

Location

Council District

Developer

Lots/ Units

Type

Proposed Decision

9503

Southwest corner of Curtner Avenue and Custer Drive

9

DeMattei and Cullen Development

6 units

SFD

Approve

9497

Northeast corner of Asbury and Miller

Streets

3

Green Valley Corporation

67 units & 6600 sf Commercial

Multi-Family/

Mixed Use

Approve

9425

Northeast corner of Alum Rock and Jose Figueras Avenues

5

MACSA, Inc.

66 units

MFDR Condo

Approve

9494

W/S of Boynton Ave., 400 feet s/o Stevens Creek

1

Advance Development Group

6 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.

 

 

11     PUBLIC HEARINGS


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

 

11.1          Public Hearing on conforming rezoning of the property located at 500 W. San Carlos Street.

 

            Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the southwest corner of West San Carlos and Josefa Street (500 W. San Carlos Street), from LI Light Industrial Zoning District to CP Pedestrian Commercial Zoning District, to allow commercial uses on a 0.18 gross acre site.  (Cismondi Edward L. Trustee, Owner).  CEQA:  Resolution No. 65459.  SNI:  Delmas Park.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 03-080 - District 3

            (Continued from 12/2/03 – Item 11.7)

 

11.2          Public Hearing on planned development rezoning of the property located at 1952 Hicks Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Hicks Avenue, approximately 320 feet southerly of Dry Creek Road (1952 Hicks Ave.), from R-1-5 Residence District to A(PD) Planned Development Zoning District, to allow up to 8 single-family detached residences on a 1.74 gross acre site.  (Chiesa Christiana Apostolica, Owner; Charles W. Davidson Co., Developer).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement recommends approval with the through public pedestrian connection and Planning Commission recommends approval as proposed by the applicant (4-3-0).

            PDC 03-050 - District 6

 

11.3          Public Hearing on conforming planned development rezoning of the property located at Santa Teresa Blvd. and Blossom Hill Road.

 

            Recommendation:  PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Santa Teresa Boulevard and Blossom Hill Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow the retention of an existing bowling alley (Oakridge Lanes) that was previously approved for demolition, demolition of an existing 40,850 square foot free-standing commercial building (Michael’s/Walgreens), and construction of an approximately 35,500 square foot addition to Oakridge Mall on a 56.6 acre site.  (Westfield Corporation, Owner/Applicant).  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            PDC 03-075 - District 10
*CEQA:  EIR addendum.

 

11.4          Public Hearing on conventional prezoning of the property located at 1038 S. White Road.

 

            Recommendation:  PUBLIC HEARING ON CONVENTIONAL PREZONING of the property located at the southeast corner of South White Road and Buckner Road (1038 S. White Road), from County to CN Commercial Neighborhood Zoning District, to allow commercial uses on 0.62 gross acre site.  (Maria and Jose Medina, Owner).  CEQA:  Resolution No. 65459.  SNI:  East Valley/680 Communities.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 02-048 - District 5

 

11.5          Public Hearing on planned development rezoning of the property located at 1884 Alum Rock Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of McCreery Avenue, approximately 230 feet southerly of Alum Rock Avenue (1884 Alum Rock Ave.), from CG General Commercial and R-1-8 Residence District to A(PD) Planned Development Zoning District, to allow up to 75 multi-family attached residences and a 0.27 acre park on a 1.44 gross acre site.  (Dry Heron LLC, Greg Blackwell, Owner).  SNI:  Mayfair. 

            PDC 02-082 - District 5
*CEQA:  Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-1-1).

 

11.6          Public Hearing on conforming rezoning of the property located at 1050 St. Elizabeth Drive.

 

            Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the east side of St. Elizabeth Drive, approximately 530 feet southerly of McKinley Avenue (1050 St. Elizabeth Drive), from R-1-8 Residence Zoning to R-M Multiple Residence Zoning District, to allow senior center, residential care, and adult day and health care on a 2.0 gross acre site.  (Sisters of the Holy Family, Owner).  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 03-089 - District 6
*CEQA:  Resolution No. 65459.

 

 

12     GENERAL PLAN PUBLIC HEARINGS


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

 

Notice to the public:  There will be no separate discussion of General Plan Consent Calendar (Item 12.1) 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 General Plan Consent Calendar (Item 12.1) and considered separately.

 

12.1          Approval of General Plan Consent Calendar items.

 

            Recommendations: 

            (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land use/Transportation Diagram designation from Public/Quasi-Public to Neighborhood/Community Commercial for property located at the north side of Yerba Buena Road, approximately 300 feet easterly of San Felipe Road on a 10.5 acre site.  (San José Evergreen Community College District, Owner/HMH, Inc., Applicant).  CEQA:  Negative Declaration.

                        GP 02-08-04 - District 8

                        (Continued from 12/3/02 - Item 1.19 and 11/18/03 - Item 1.1)

                        DROP, TO BE RENOTICED

 

            (b)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park to Medium Density Residential (8-16 Dwelling Units per Acre (DU/AC)) for property located at the southwest corner of Rock Avenue and Oakland Road on a 13.7 acre site.  (Orchard Property, LLC, Owner/HMH Engineers, Applicant).  CEQA:  Incomplete.

                        GP 03-04-01 - District 4

                        (Continued from 4/15/03 – Item 1.5 and 11/18/03 – Item 1.2)

                        DEFERRED TO WINTER 2004 HEARING

 

            (c)        GENERAL PLAN TEXT AMENDMENT request to amend the definition of the Transit Corridor Residential (20+ Dwelling Units Per Acre (DU/AC)) land use designation.  (City of San José, Applicant).  CEQA:  Resolution No. 65459. 

                        GP 03-T-06 - Citywide

                        WITHDRAWN

 

            (d)        The items being considered are located between the Union Pacific Railroad tracks, Market Street, Julian Street, and Highway 87 on a 9-acre site. (Brandenburg Staedler & Moore, Owners/Redevelopment Agency, Applicant).  CEQA:  Resolution to be adopted.  Council District 3.

 

                        (1)        FINAL ENVIRONMENTAL IMPACT REPORT for the Mixed use Project/North San Pedro Housing sites General Plan amendment (GP03-03-01a/GPT03-03-01a/GP03-03-01b) to change the Land Use/Transportation Diagram From General Commercial on 6.2 acres, Combined Industrial/Commercial on 1 acre, and Residential Support for the core area (25 + Dwelling Units per Acre (DU/AC)) on 1.8 acres to Core Area, a General Plan text amendment to redefine the Downtown Core Area and Downtown Frame Area boundaries, and a General Plan Transportation Diagram amendment to realign Julian Street between Market and Saint James Streets.

                                    DEFERRED TO WINTER 2004 HEARING

 

                        (2)        GENERAL PLAN AMENDMENT request to change the land use/Transportation Diagram designation from General Commercial on 6.2 acres, Combined Industrial/Commercial on 1 acre, and Residential Support for the core area (25 + Dwelling Units per Acre (DU/AC) on 1.8 acres to Core Area.

                                    GP 03-03-01a

                                    DEFERRED TO WINTER 2004 HEARING

 

                        (3)        GENERAL PLAN TEXT AMENDMENT request to redefine the Downtown Core Area and Downtown Frame Area boundaries.

                                    GPT 03-03-01a

                                    DEFERRED TO WINTER 2004 HEARING

 

                        (4)        GENERAL PLAN AMENDMENT request to change the Transportation Diagram to realign Julian Street between Market and Saint James Streets.

                                    GP 03-03-01b

                                    DEFERRED TO WINTER 2004 HEARING

 

            (e)        GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park to Industrial Park with Mixed Industrial Overlay on the west side of Oakland Road, approximately 300 feet north of Schallenberger Road on a 15.5-acre site.  (Marv Fox, Owner/Applicant).  CEQA:  Mitigated Negative Declaration, GP03-04-05.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0-1; Dhillon Abstained).

                        GP 03-04-05 - District 4

 

            (f)         PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park to Industrial Park with Mixed Industrial Overlay on the northwest corner of Automation Parkway and Hostetter Road on a 13.5-acre site.  (Sobrato Development Co., Owner/James R. Fulton, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-04-06.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

                        GP 03-04-06 - District 4

 

            (g)        GENERAL PLAN TEXT AMENDMENT request to amend the definition of the Combined Industrial/Commercial designation.  (City of San José, Applicant).  CEQA:  Resolution No. 65459, GP03-T-02.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (4-3-0; Campos, James & Platten Opposed).

                        GP 03-T-02 - Citywide

 

            (h)        GENERAL PLAN TEXT AMENDMENT request to amend the General Plan text to make additions and modifications to the Pedestrian Priority Areas Diagram.  (City of San José, Applicant).  CEQA:  Resolution No. 65459, GP03-T-05.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

                        GP 03-T-05 – Citywide

 

            (i)         GENERAL PLAN TEXT AMENDMENT request to amend Appendix I-Transportation Bicycle Network Inventory to add roadway segments as future Bicycle facilities to the existing network  (City of San José, Applicant).  CEQA:  Resolution No. 65459, GP03-T-10.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

                        GP 03-T-10 – Citywide

 

            (j)         GENERAL PLAN TEXT AMENDMENT request to amend the General Plan Text to modify Appendix E - Major Collector Streets.  (City of San José, Applicant).  CEQA:  Resolution No. 65459, GP03-T-11.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).  SNI:  Burbank/Del Monte.

                        GP 03-T-11 – Citywide

 

            (k)        GENERAL PLAN TEXT AMENDMENT request to amend the General Plan Review and Amendment Process to reflect multiple hearings on General Plan amendments.  (City of San José, Applicant).  CEQA:  Resolution No. 65459, GP03-T-12.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

                        GP 03-T-12 – Citywide

 

            (l)         GENERAL PLAN TEXT AMENDMENT request to amend the description of the Public Park and Open Space designation.  (City of San José, Applicant).  CEQA:  Resolution No. 65459, GP03-T -13.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

                        GP 03-T-13 - Citywide

 

12.2          Public Hearing on General Plan amendment for property located on the northwest corner of Arcadia Avenue and Ardis Avenue on a 0.91-acre site.

 

            Recommendation:  PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Low Density Residential (8 Dwelling Units per acre (DU/AC)) to General Commercial for property located on the northwest corner of Arcadia Avenue and Ardis Avenue on a 0.91-acre site.  (Various, Owners/Hooshang Homara, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-01-02.  Director of Planning, Building and Code Enforcement recommends General Commercial on an expanded 1.11 acre site.  Planning Commission recommends no change to the General Plan (7-0-0).

            GP 03-01-02 - District 1

 

12.3          Public Hearing on General Plan amendment for property located on the north side of Keyes Street between Seventh Street and Ninth Street on a 1.68-acre site.

 

            Recommendation:  PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Light Industrial with a Mixed Use Overlay to General Commercial on a 1.68-acre site located on the north side of Keyes Street between Seventh Street and Ninth Street.  (Various, Owners/City of San José, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-03-05.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).  SNI:  Spartan/Keyes. 

            GP 03-03-05 - District 3

 

12.4          Public Hearing on General Plan amendment for property located on both sides of the intersection of 24th Street-McLaughlin Avenue and William Street on a 13.7-acre site.

 

            Recommendation:  PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Light Industrial with Mixed Industrial Overlay on 13.7 acres and Medium Density Residential (8-16 Dwelling Units per acre (DU/AC)) on 0.5 acre to Medium High Density Residential (12-25 DU/AC) on 9 acres and Neighborhood/Community Commercial on 5.2 acres and Floating Park on a 14.2-acre site located on both sides of the intersection of 24th Street, McLaughlin Avenue, and William Street.  (Various, Owners/City of San José, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-03-08.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).  SNI: Fivewounds/Brookwood Terrace.

            GP 03-03-08 - District 3

 

12.5          Public Hearing on Martha Gardens Specific Plan and associated General Plan land use and text amendments.  For property located in an area bounded by Interstate 280 on the north, a line running mid-block between South Sixth Street and Seventh Street to the east, Hollywood Street and Humboldt Street to the South, and South First Street to the west.

 

            Recommendation:  MARTHA GARDENS SPECIFIC PLAN/GENERAL PLAN AMENDMENTS:  The items being considered are located within a 134-acre area bounded by Interstate 280 on the north, a line running mid-block between South Sixth Street and Seventh Street to the east, Hollywood Street and Humboldt Street to the South, and South First Street to the west.

            (a)        MARTHA GARDENS SPECIFIC PLAN:  To establish a framework for the redevelopment of this area and, to encourage and guide the development of a mix of a lively mix of residential, commercial, recreation, education, and arts uses; safe and pleasant pedestrian environments; parks and community facilities; and preserved historic buildings.  (City of San José, Applicants).  CEQA:  Mitigated Negative Declaration.  SNI:  Spartan/Keyes.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). Council District 3. 
Attachment A
Attachment B
Attachment C

 

            (b)        GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Residential Support for the Core (25+ Dwelling Units per acre (DU/AC)), Medium Low Density Residential (8 DU/AC), Medium Density Residential (8-16 DU/AC), Medium High Density Residential (12-25 DU/AC), General Commercial, and Light Industrial to Preservation/Single Family (8 DU/AC), Preservation/Single Family/Duplex (8-16 DU/AC), Preservation/Victorian Mixed Use (0-20 DU/AC), High Density Residential (20-50 DU/AC), High Density Residential (40-70 DU/AC), Arts/Related Mixed Use, Commercial/Mixed Use, Commercial/Light Industrial, Public Parks and Community Facilities, Pedestrian Way, Pedestrian Emphasis Public Street, Pedestrian Corridor, Adaptive Reuse, Health Clinic, and Potential Elementary School, and Pedestrian Way. (Various, Owners/City of San José, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-03-14.  SNI: Spartan/Keyes.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

                        GP 03-03-14 - District 3 

 

            (c)        GENERAL PLAN TEXT AMENDMENT to add the Martha Gardens Planned Community and other associated text amendments (see GP03-03-14).  (City of San José, Applicant).  CEQA:  Mitigated Negative Declaration, GPT03-03-14.  SNI:  Spartan/Keyes.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

                        GPT 03-03-14 - District 3

 

12.6          Public Hearing on General Plan amendment for property located on the northeast corner of The Alameda and Rhodes Court on a 0.94-acre site.

 

            Recommendation:  PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Mixed Use with No Underlying Designation with the Neighborhood Business District Overlay on 0.8 acre and Medium Density Residential (8-16 Dwelling Units per Acre (DU/AC)) on 0.14 acre to General Commercial with the Neighborhood Business District Overlay for property located on the northeast corner of The Alameda and Rhodes Court on a 0.94-acre site. (Various, Owners/City of San José, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-06-09.  Director of Planning, Building and Code Enforcement recommends approval.  Planning Commission recommends no change to the General Plan (6-1-0;Campos Opposed).

            GP 03-06-09 - District 6

 

12.7          Public Hearing on General Plan amendment for property located on the northwest corner of Curtner Avenue and Monterey Highway on a 55.1-acre site. 

 

            Recommendation:  PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Heavy Industrial on approximately 45 acres, Heavy Industrial with Mixed Industrial Overlay on approximately 3.5 acres, Industrial Park on approximately 4.6 acres, and Industrial Park with Mixed Industrial Overlay on approximately 2 acres to General Commercial on a 55.1-acre site.  Located on the northwest corner of Curtner Avenue and Monterey Highway on a 55.1-acre site.  (General Electric Company, Owners/Applicant).  CEQA:  Resolution to be adopted.  Director of Planning, Building and Code Enforcement recommends Combined Industrial/Commercial on 55.1 acres.  Planning Commission recommends no change to the General Plan (7-0-0).

            GP 03-07-07 - District 7

 

12.8          Public Hearing on General Plan amendment for property located on the west side of South King Road, approximately 800 feet north of Aborn Road on a 9.91-acre site. 

 

            Recommendation:  GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park to Light Industrial for property located on the west side of South King Road, approximately 800 feet north of Aborn Road on a 9.91-acre site.  (Entravision Communications Corp, Owner/Bay Area Self Storage, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-07-08.  Director of Planning, Building and Code Enforcement and Planning Commission recommends approval (7-0-0).  SNI:  West Evergreen.

            GP 03-07-08 - District 7

 

12.9          Public Hearing on General Plan amendment for property located at the north side of Quimby Road, approximately 300 feet easterly of Mission Greens Drive on a 1.56-acre site.

 

            Recommendation:  GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Low Density Residential (8 Dwelling Units per acre (DU/AC) to Medium Density Residential (8-16 DU/AC) for property located at the north side of Quimby Road, approximately 300 feet easterly of Mission Greens Drive on a 1.56-acre site.  (Sikh Gurdwara-San José, Owner/Braddock and Logan, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-08-01.  Director of Planning, Building and Code Enforcement and Planning Commission recommends approval.  Planning Commission recommends no change to the General Plan (4-2-0-1; Zamora, Campos Opposed; Dhillon Abstained).

            GP 03-08-01 - District 8

 

12.10      Public Hearing on General Plan amendment for property located on the south side of Almaden Road between Barnes Lane and Grimley Lane on a 6.8-acre site.

 

            Recommendation:  GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Very Low Density Residential (2 Dwelling Units per acre (DU/AC)) to Low Density Residential (5 DU/AC) for property located on the south side of Almaden Road between Barnes Lane and Grimley Lane on a 6.8-acre site.  (Various, Owners/Santa Clara Development Co., Applicant).  CEQA:  Mitigated Negative Declaration, GP03-10-01.  Director of Planning, Building and Code Enforcement and Planning Commission recommends approval (7-0-0).

            GP 03-10-01 - District 10

  

12.11   Adoption of a resolution approving all General Plan amendment actions taken on December 16, 2003.

 

*            Recommendation:  Adoption of a resolution approving all General Plan amendment actions taken on December 16, 2003.  (Planning, Building and Code Enforcement)

 

·                   Open Forum

 

·                   Adjournment

 

 

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