SAN JOSE CITY COUNCIL

AMENDED AGENDA

MAY 18, 2004

To arrange an accommodation under the Americans with Disabilities Act to participate in this public meeting, please call 1 (408) 277-4424 or 1 (408) 998-5299 (TTY) at least two business days before the meeting.

On occasion the City Council may consider agenda items out of order.

·                   Call to Order and Roll Call

            9:30 a.m.  -   Closed Session, 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

·                   Invocation (District 5)

            The Alum Rock Jazz Program

·                   Pledge of Allegiance

·                   Orders of the Day

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

*  Closed Session: 9:00 a.m.

*          See New Item 1.6, Presentation of a commendation to Digital Clubhouse Network’s San José Delegation.

*          See New Item 1.7, Presentation of a commendation to Helen Hansen.

*          See New Item 1.8, Presentation of a commendation to John XXII Multi-Service Center.

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

1     CEREMONIAL ITEMS

1.1       Presentation of a proclamation declaring the week of May 16-22, 2004 as Public Works Week.  (Public Works)

1.2       Presentation of a commendation to Bill Nicolosi, Director, Alum Rock Jazz Program.

            (Campos)

1.3       Presentation of plaque to Ric Abeyta for 6 years 6 months service on the Downtown Parking Board.

            (Mayor)

*1.4            Presentation of commendations to the childcare providers honored at the Children’s Fair on April 17^th, the recipients of the Outstanding Contributor Award for Child Care Center, Agape Child Care, Alfonso and Carmen Cautiverio, owners, and Play N Learn, Tammy Lariz, Director; and the recipient of the Outstanding Contributor Smart Start Program Award, Smart Start San José Children’s Center at Overfelt High School, Judy Burgarin, East Side UHSD Child Development Coordinator, Patrice Kelley, Site Supervisor, Sue Cota, Teacher, and Carmen Geniz, Teacher.  (Chirco)

            (Rules Committee referral 5/12/04)

*          TO BE HEARD IN THE EVENING

*1.5            Presentation of a commendation to SCORE (Senior Corps of Retired Executives), recognizing their 27 years of service in San José.  (Mayor)

            (Rules Committee referral 5/12/04)

*1.6            Presentation of a commendation to Digital Clubhouse Network’s San José Delegation which will be attending the WWII Memorial in Washington, D.C., later this month.  (Dando)

            (Orders of the Day)

*          1.7       Presentation of a commendation to Helen Hansen for her many years of dedication to our community and especially her instrumental work with John XXII Multi-Service Center.  (Chavez)

                        (Orders of the Day)

*          1.8       Presentation of a commendation to John XXII Multi-Service Center for their forty years of hard work and commitment to the improvement of the lives in our senior community.  (Chavez)

                        (Orders of the Day)

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.  27136 - Amends Title 4 of the San José Municipal Code to add a new Chapter 4.06 and amending various sections of Title 4 to establish contracting preferences for local and small businesses.

            (b)        ORD. NO.  27140 - Prezones certain real property situated on the east side of Noble Lane approximately 550 feet northerly of Noble Avenue to R-1-5 Single-Family Residence Zoning District.  C 04-003

            (c)        ORD. NO.  27141 - Rezones certain real property situated on the southwest corner of Lewis Road and Wall Street (202 Lewis Road) to A(PD) Planned Development Zoning District.  PDC 04-013

2.3              Approval to purchase moveable passenger walkway for the Airport.

            Recommendation:  Approval to award the purchase of a Commute-a-Walk covered moveable passenger walkway to Infra-Structures, Inc., as a sole source purchase, for the total cost of $155,636.58 including tax, delivery, and installation, and authorizing the Director of General Services to execute the purchase order.  CEQA:  Resolution Nos. 67380 and 71451, PP 04-04-138.  (General Services)

2.4              Approval to purchase equipment (valve actuators) for the Water Pollution Control Plant.

            Recommendation:  Approval of an award as a sole source purchase of twenty-one (21) Limitorque valve actuators to McJunkin Corporation for a total cost of  $134,826.46, including tax and delivery, and authorizing the Director of General Services to execute the purchase order.  CEQA:  Not a Project.  (General Services)
TPAC

2.5              Report on RFQ for hauling and disposal of materials (grease, grit, and screenings) for the Water Pollution Control Plant.

            Recommendation:  Report on Request for Quotation (RFQ) and authorize the Director of General Services to execute a one-year service order with Allied Waste (BFI) for hauling and disposal of grease, grit, and screenings for a total cost of $150,000.

            (a)        Approve four one-year options to renew without further Council approval other than the appropriation of funds. 

            CEQA:  Exempt, PP04-03-069.  (General Services)
TPAC

2.6              Approval to purchase dredges for the Water Pollution Control Plant.

            Recommendation:  Report on bids and award of contract for the purchase of two 32,000 pound dredges to the low bidder, Liquid Waste Technology, Inc., at a total cost of $436,624.50 including tax, freight, and extended engine warranty, and authorize the Director of General Services to:

            (a)        Execute the purchase order for the immediate purchase of two dredges; and

            (b)        Approve a contingency of 5% for any unforeseen engineering changes that may arise. 

            CEQA:  Not a Project.  (General Services)
TPAC

2.7              Approval to amend an agreement for elevator services to include the Airport.

*          Recommendation:  Adoption of a resolution authorizing the Director of General Services to:

            (a)        Negotiate and execute an amendment to the agreement with Schindler Elevator Corporation to increase the scope of services to include terminals A and C, and to increase the maximum compensation from $28,423 to an amount not to exceed $145,623, and

            (b)        Execute two, one-year options to renew without further Council approval other than the appropriation of funds. 

            CEQA:  Not a Project.  (General Services)

2.8              Approval to amend an agreement for Recycle Plus bill printing and remittance processing services.

            Recommendation:  Approval of an amendment to extend the agreement with San José Water Company (SJWC) for Recycle Plus bill printing and remittance processing services for 12 months, from July 1, 2004 to June 30, 2005, with two one-year extension options upon written notice from the Director of Environmental Services; the amendment would also revise the compensation provision by .005 cents per bill, in the event the agreement is extended beyond June 30, 2005.  CEQA:  Not a Project.  (Environmental Services)

2.9              Approval of an ordinance to delete a requirement regarding customer arrearages in cases where commercial waste generators desire to change franchised commercial collection companies.

            Recommendation:  Approval of an ordinance amending Section 9.10.1630 of Chapter 9.10 of Title 9 of the San José Municipal Code to delete a requirement regarding customer arrearages in cases where commercial waste generators desire to change franchised commercial collection companies.  CEQA:  Not a Project.  (Environmental Services)

2.10          Approval of a continuation agreement for data collection and processing for the fiscal impact model.

            Recommendation:  Approval of a continuation agreement with Strategic Economics to continue the term of their consultant agreement from December 31, 2003 to June 30, 2004, to revise the scope of work to reflect additional work of data collection and processing for use in the fiscal impact model, and to increase the total compensation by $10,548, from $139,452 to $150,000.  CEQA:  Not a Project.  (Planning, Building and Code Enforcement)

2.11          Approval of various actions related to the annexations of McKee No. 123 and McKee No. 125.

            Recommendation:

            (a)       Adoption of a resolution initiating proceedings and setting June 1, 2004 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as McKee No. 123, which involves the annexation to the City of San José of 0.14 acre of land more or less, located at the west side of Pala Avenue, approximately 60 feet northerly of Avenue A and adjacent to the City of San José annexation McKee No. 100, and the detachment of the same from County Lighting County Services, Central Fire Protection, Area No. 1 (Library Services) County Service and County Sanitation District 2-3.  CEQA: GP2020 Resolution No. 65459, C03-081.  Council District 5.  (Planning, Building and Code Enforcement)

            (b)        Adoption of a resolution initiating proceedings and setting June 1, 2004 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as McKee No. 125, which involves the annexation to the City of San José of 0.11 acre of land more or less, located at the south side of Summit Avenue, approximately 140 feet easterly of Kirk Avenue and adjacent to the City of San José annexation McKee No. 40, and the detachment of the same from County Lighting County Services, Central Fire Protection, Area No. 1 (Library Services) County Service and County Sanitation District 2-3.  CEQA: GP2020 Resolution No. 65459, C03-095.  Council District 5.  (Planning, Building and Code Enforcement). DROP

2.12          Approval of an appointment to the Civic Plaza Parking and Traffic Committee.

            Recommendation:  Appoint Andre Barne, Chief of Police for San José State University, to the Civic Plaza Parking and Traffic Committee (PTC) as the San José State University Staff committee member.  CEQA:  Not a Project.  (Public Works)

2.13          Approval of actions related to transfer of easements for traffic signal installations.

            Recommendation:

            (a)        Approval of an agreement for a transfer of easements located at 3434 Silver Creek Road, from the East Side Union High School District to the City for placement of traffic signals near Silver Creek High School, and authorization to the Director of Public Works to execute all documents related to acceptance of the easements.  CEQA:  Exempt, PP02-07-197.  Council District 8.  (Public Works)

            (b)        Report on bids and award of contract for the Traffic Signal Installation at Colt Way and Silver Creek Road Project to the low bidder, Pacific Electric Company, in the amount of $148,570.50, and approval of a contingency in the amount of $14,850.  CEQA:  Exempt, PP02-07-197.  Council District 8.  (Public Works/Transportation)

*2.14          Approval of an ordinance to expand the University residential permit parking zone.

            Recommendation:  Approval of an ordinance amending Chapter 11.48 of Title 11 of the San José Municipal Code to expand the University residential permit parking zone..  CEQA:  Exempt, PP04-03-109.  Council District 3.  (Transportation)
Attachment A
Attachment B

2.15            Acceptance of the finding reports relating to Bay 101 Conditional Approval of Stock Transfer.

*          Recommendation:  Acceptance of the finding reports from Kafoury, Armstrong, & Company, LLP of the quarter ending December 31, 2003, relating to Bay 101 Conditional Approval of Stock Transfer.  (City Auditor)

            (Rules Committee referral 5/12/04)

2.16            Approval of an agreement for air service development consultant services for the Airport.

*            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a first amendment to the agreement with The Campbell-Hill Aviation Group, Inc., for air service development consultant services for Norman Y. Mineta San José International Airport, increasing the compensation by $30,000 in the current fiscal year (final option year), for a total amount not to exceed $220,000, and extending the term of the agreement from June 30, 2004 to July 31, 2004.  CEQA:  Not a Project.  (Airport)

            (Rules Committee referral 5/12/04)

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee – May 5, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review May 18, 2004 Draft Agenda

                        (2)        Add New Items to May 11, 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)        Voting delegate for a special meeting of the League of California Cities General Assembly on May 13.

                                                HEARD BY COUNCIL ON 5/11/04

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)        Results of outreach and negotiation for “Evergreen Specific Plan Construction Tax, Building and Structures Tax, and Residential Construction Tax Fee Suspension/Exemption Renewal”

                        (2)        Written report regarding the Public Art Process for the Norman Y. Mineta San José International Airport

            (h)        Oral communications

            (i)         Adjournment

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4              Approval to award a contract for the New City Hall Window Coverings Project.

*  Recommendation:  Report on bids and award of contract for the San José Civic Center Window Coverings Project to the sole bidder, Peninsulators, Inc., in the amount of $174,000, and approval of a contingency in the amount of $17,400.  CEQA:  Civic Plaza Redevelopment Plan, Resolution No. 68905, PP98-03-072.  SNI:  University.  (Public Works)

3.5              Approval of an interim space use plan to provide space for staff not relocating to the New City Hall.

*          Recommendation:  Approval of an interim space use plan, including an associated financing plan for its implementation to provide space for staff not relocating to the New City Hall.  CEQA:  Not a Project.  (General Service). DROP

*3.6       Public hearing on the Proposed Operating and Capital Budgets and Departmental Fees and Charges.

            Recommendation:  PUBLIC HEARING on the Proposed Operating and Capital Budgets for the Fiscal Year July 1, 2004 to June 30, 2005, the Proposed Five-Year Capital Improvement Program for 2005-2009, and the Proposed Fiscal Year 2004-2005 City Departmental Fees and Charges Program for the City of San José.  (City Manager’s Office)

            (Rules Committee referral 5/12/04)

            TO BE HEARD IN THE EVENING
Proposed Operating Budgets
Proposed Capital Budgest

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 an agreement for the purchase of property located at 1125 Coleman Avenue.

            Recommendation: Adoption of a resolution:

            (a)        Authorizing staff to negotiate an agreement with the FMC Corporation for the purchase of 74.87 acres of property located at 1125 Coleman Avenue, at a price of $81,533,430 in accordance with a “Terms Sheet” that has been previously negotiated between the City and FMC staff; and

            (b)        Directing staff to bring the finalized agreement back to the City Council for consideration; and

            (c)        Directing staff to pursue a Section 108 loan to support the purchase of 23.23 acres of the FMC property; and

            (d)        Directing staff to pursue a Brown Fields Economic Development Initiative Grant in an amount not to exceed $2 million to support the development of the FMC property.

            (Economic Development).

  *  CEQA:  Resolution No. 71716, PDC98-12-104.

            Change to read:  (Economic Development/Airport)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee – Special Meeting of May 6, 2004

            Council Member Yeager, Chair

            (a)        Report on K-12 Student Usage at the City of San José/San José State University Joint Library

            (b)        Update on Parent Institute for Quality Education

            (c)        Update on Early Care and Education Youth program Budget Priorities

            (d)        Oral Petitions

            (e)        Adjournment
Summary

5.2              Approval of actions related to O‘Connor Park.

            Recommendation:  Adoption of a resolution to:

            (a)        Authorize the City Manager to accept an Irrevocable Offer of Dedication of parkland from LB/L-KB Saddlerack, LLC, for park purposes;

            (b)        Authorize the City Manager to negotiate and execute a Turnkey Park Agreement with LB/L-KB Saddlerack LLC, for Planned Development Permit PD 02-036; and

            (c)        Direct staff to proceed with the construction of a public restroom in O’Connor Park at the location indicated on the Proposed Concept Plan.

            CEQA:  Housing and park development - Negative Declaration, PDC02-030.  Restroom Project - NEPA, Categorically Excluded per 58.35(a).  Council District 6.  SNI:  Burbank/Del Monte.  (Parks, Recreation and Neighborhood Services

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee – May 3, 2004

            Council Member Cortese, Chair

            (a)        Expansion and Improvement of Transit and Transportation Systems

                        (1)        Report on the Transportation and Aesthetic Design Improvements Outside of the Norman Y. Mineta San José International Airport

                        (2)        Report on Bay Area Rapid Transit (BART) Environmental Analysis Final Recommendations

                                    SEE ITEM 6.2 FOR COUNCIL ACTION TO BE TAKEN

            (b)        Traffic Relief/Safe Streets

                        (1)        Business District Streetscape Implementation and Maintenance Report, presentation and direction to move forward with next steps in the potential formation of a Property Business Improvement District, in the Downtown Core and Neighborhood Business Districts

            (c)        Supporting Smart Growth

                        (1)        No items

            (d)        Regional Relationships/Funding/Policy

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

            (e)        Oral petitions

            (f)         Adjournment
Summary

6.2             Approval of City recommended alignment and station configurations for the San José portion of the BART Project. 

            Recommendation:  Approval of final alignment and station configurations for the San José portion of the BART Project.  (Transportation)

            [Building Better Transportation Committee referral 5/3/04 – Item 6.1(a)(2)]

*6.3            Approval of actions related to the Taxicab Service Model.

            Recommendation: 

            (a)        Approval to proceed with implementation of the proposed Taxicab Service Model with an implementation date of February 1, 2005.

            (b)        Adoption of a resolution authorizing the City Manager to execute an extension to the Airport Taxicab Concession Agreements with Yellow Checker Cab Company, Inc. and United Taxicab Corporation that expire on September 27, 2004 until January 31, 2005.

            CEQA:  Not a Project.  (Transportation/Police/Airport)

            [Building Better Transportation Committee referral 4/5/04 – Item 6.1(a)(1)]

            (Deferred from 5/4/04 – Item 6.2 and 5/11/04 – Item 6.2)
Supplemental
Attachment A
Attachment B
Attachment C
Attachment D

7     ENVIRONMENTAL & UTILITY SERVICES

8     AVIATION SERVICES

*8.1            Approval to award a contract for the North Concourse Building Site Preparation and Excavation Project (Package I) at the Airport.

            Recommendation:  Approval to reject all bids for the Norman Y. Mineta San José International Airport North Concourse Building Site Preparation and Excavation (Package 1) Project and authorization for the Director of Public Works to readvertise and rebid the project.  CEQA:  Resolution Nos. 67380 and 71451, PP 04-03-092.  (Public Works/Airport)

            (Deferred from 5/4/04 – Item 8.1 and 5/11/04 – Item 8.1)
Supplemental
Supplemental Attachment A
Supplemental Attachment B
Supplemental Attachment C

9     PUBLIC SAFETY SERVICES

9.1              Acceptance of the Independent Police Auditor’s 2003 Comprehensive Ten Year Overview Report to City Council.

            Recommendation:  Presentation of the 2003 Independent Police Auditor’s Report to City Council.  (Independent Police Auditor)

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEM 10.1 IN A JOINT SESSION

10.1          Approval of the Downtown Design Review Process to Implement the Downtown Zoning Ordinance.

*          Recommendation:  Adoption of a resolution establishing a Downtown Design Review Process.  CEQA:  Resolution No. 65459.  Council District 3.  (City Manager's Office/Redevelopment Agency)

            (Council referral 3/16/04 – Item 10.1)

            RECOMMEND DEFERRAL TO 6/1/04

*10.2            Approval to extend health and dental employee insurance benefits to the children of domestic partners of current City and Redevelopment Agency employees.

            Recommendation:

            (a)        Approve the extension of health and dental employee insurance benefits to the children of domestic partners of current City and Agency employees.

            (b)        Direct the City Manager to begin the meet and confer process with City bargaining units.

            (c)        Direct the Redevelopment Agency Executive Director to implement the new policy for current Agency employees.

            (Mayor)

            (Rules Committee referral 5/12/04)

*10.3            Approval of a contract to provide advisory services on issues related to the sports industry, theater entertainment facilities, and the San José marketplace.

*            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Conventions, Sports & Leisure International to provide advisory services on issues related to the sports industry, theater entertainment facilities, and the San José marketplace, in the amount of $175,000.  (City Manager’s Office/Redevelopment Agency)

            (Rules Committee referral 5/12/04)

*10.4            Approval of actions related to Hitachi Global Storage Systems.

            Recommendation: 

            (a)        Approve a Memorandum of Understanding among the City of San José, the Redevelopment Agency, and Hitachi Global Storage Systems, Inc., regarding proposed development of certain real properties located at 5600 Cottle Road and 3403 Yerba Buena Drive; and

            (b)        Direct staff to negotiate a Development Agreement with Hitachi Global Storage Systems for the combined 5600 Cottle Road and 3403 Yerba Buena Road properties that satisfies the operational and growth needs of Hitachi, meets the requirements of applicable laws, and retains a viable industrial campus in the Edenvale Redevelopment Project Area.

            CEQA:  Not a Project.  Council Districts 2 and 8.  (City Manager’s Office/Redevelopment Agency)

            (Rules Committee referral 5/12/04)

*10.5            Approval of actions related to the Parkland In-Lieu Fee Voucher Program. 

            Recommendation: 

            (a)        Approval of an ordinance by the City Council amending Chapters 14.25 (Park Impact Ordinance) and 19.38 (Parkland Dedication Ordinance) of the San José Municipal Code, in order to continue the suspension of the exemption for units affordable to low-income residents until November 1, 2004, and to extend the Parkland In-Lieu Fee Voucher Program for eligible low-income residential units.

            (b)        Adoption of resolutions by the City Council and the Redevelopment Agency Board approving the Parkland In-Lieu Fee Voucher Program for the payment of subsidized parkland fees for low-income units by the Redevelopment Agency.

            CEQA:  Not a Project.  SNI:  All.  (City Manager's Office/Redevelopment Agency)

            (Rules Committee referral 5/12/04)

*            RECOMMEND DEFERRAL TO 5/25/04

            ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

·                   Closed Session Report

·                   Notice of City Engineer’s Pending Decision on Final Maps

            In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:

            None.

            In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

            None.

·                   Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.  Following Open Forum, Council will recess until 7:00 p.m.

11     PUBLIC HEARINGS

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

11.1          Public Hearing on planned development rezoning of the property located at 1629 Alum Rock Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Alum Rock Avenue, approximately 200 feet southwesterly of 34^th Street (1629 Alum Rock Avenue), from R-2 Two-Family Residence Zoning District and CG Commercial General Zoning District to A(PD) Planned Development Zoning District, to allow a radio station use on a 0.33 gross acre site.  (Dolores M. Viera and S. Batista, Owner).  CEQA:  Exempt.   SNI:  Five Wounds/Brookwood Terrace.

            PDC 03-090 - District 5

            (Continued from 3/16/04 – Item 11.10 and 4/20/04 – Item 11.1)
Attachment A
Attachment B
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

11.2          Public Hearing on planned development rezoning located at 2740 McKee Road.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of McKee Road, approximately 200 feet northeasterly of North Capitol Avenue (2740 McKee Road), from CP Commercial Pedestrian Zoning District to A(PD) Planned Development Zoning District, to allow up to 22 single-family attached residential units on a 0.96 gross acre site.  (Core Development, Applicant/Manuel Russo Trustee, Owner).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).

            PDC 03-082 - District 5
Attachment A
Attachment B
Attachment C

11.3          Public Hearing on planned development rezoning located at 2322 Madden Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Madden Avenue and North Jackson Avenue (2322 Madden Avenue), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 160 single-family attached residences on a 2.3 gross acre site.  (David L Falk, William M Strohmeyer et al., Richard Leglu, Alice L Vance et al., Daniel R Solis, Brian Reiser, Dan Ho, Franando Po, Thao Vinh, Owners; David L Falk, Developer).  CEQA:  Mitigated Negative Declaration.

            PDC 03-036 - District 5
Attachment A
Attachment B
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0-1).

11.4          Public Hearing on planned development rezoning located at 2120 Canoas Garden Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Canoas Garden Avenue, approximately 400 feet easterly of Almaden Road (2120 Canoas Garden Avenue), from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 5 single-family residences on a 0.33 gross acre site.  (Shirley Cl Levitt, Owner; Ms Shirley Lu-Levitt, Developer).  CEQA:  Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

            PDC 03-078 - District 6
Attachment A

11.5          Public Hearing on conforming planned development rezoning located at 284 N. Market Street.

            Recommendation:  PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Market Street and West Julian Street (284 N. Market Street), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to add up to 1,050 square feet of commercial uses to an existing condominium complex containing 98 single-family attached residential units on a 1.77 gross acre site.  (Park Townsend LLC, Warren L. Breslow, Owner).  CEQA:  Resolution No. 68839.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            PDC 03-097 - District 3

11.6          Public Hearing on planned development rezoning located at Quimby Road and South White Road.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Quimby Road, approximately 1,000 feet westerly of South White Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to 37 single-family detached residential units on a 5.0 gross acre site.  (Sikh-Gurdwara San José, California, Owner).  CEQA:  Mitigated Negative Declaration.

            PDC 04-004 - District 8
Attachment A
Attachment B
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0-1).

11.7          Public Hearing on appeal of the Planning Commission’s decision to approve with conditions a CUP located at 401 South First Street.

            Recommendation:  PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve, with conditions, a Conditional Use Permit (CUP) for a project located on the south side of San Salvador Street between Market Street and First Street (401 South First Street and 402 South Market Street), on a .28 gross acre site in the DC (Downtown Commercial) Zoning District.  The project allows a 15 event concert series where a 22 event concert series was requested, and a three year time limit for the CUP where a five year limit was requested.  (Bertram Burns, Owners; Muse Inc., Developer and Appellant).  CEQA:  Resolution No. 68839.

            CP 04-005 - District 3
*Director of Planning, Building and Code Enforcement recommends to uphold the appeal and approve a Conditional Use Permit for a 22 event concert series as originally applied for, with a term of 5-years and a one-year compliance review; and the Planning Commission recommends approval of a Conditional Use Permit for a total of 16 events, for a term of 3-years and a one-year compliance review (4-1-2). 

11.8          Public Hearing on conforming rezoning located at 3499 Kettmann Road.

            Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of Kettmann Road, 100 feet northerly of Dashwood Avenue (3499 Kettmann Road), from A-Agricultural Zoning District to R-1-8 Residence Zoning District, to allow residential uses on a 0.25 gross acre site.  (Victor Cunha, Owner).  CEQA:  Resolution No. 65459.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 04-009 - District 8

11.9          Public Hearing on conforming rezoning located at 3621 Bercaw Lane.

            Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of Bercaw Lane, approximately 370 feet southerly of Camden Avenue (3621 Bercaw Lane), from CO Commercial Office Zoning District to R-1-8 Residential Zoning District, to allow single-family residential uses on a 0.37 gross acre site.  (Brian & Jean S Ho, Owner).  CEQA:  Resolution No. 65459.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 04-012 - District 9

11.10      Public Hearing on conforming rezoning located at 6095 Cahalan Avenue.

            Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the northwest corner of Santa Teresa Boulevard and Cahalan Avenue (6095 Cahalan Avenue), from CP Commercial Pedestrian Zoning District to CN Commercial Neighborhood Zoning District, to allow commercial uses on a 1.8-acre site (existing gasoline service station).  (YBM, Inc., Owner/Applicant).  CEQA:  Resolution 65459.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 04-027 - District 10
*          11.10            CONTINUANCE TO 6/1/04 REQUESTED