SAN
JOSE CITY COUNCIL
AMENDED
AGENDA
JUNE 15, 2004
|
LINDA J. LE ZOTTE |
DISTRICT 1 |
|
KEN YEAGER |
DISTRICT 6 |
|
FORREST WILLIAMS |
DISTRICT 2 |
|
TERRY O. GREGORY |
DISTRICT 7 |
|
CINDY CHAVEZ |
DISTRICT 3 |
RON GONZALES MAYOR |
DAVID D. CORTESE |
DISTRICT 8 |
|
CHUCK REED |
DISTRICT 4 |
|
JUDY CHIRCO |
DISTRICT 9 |
|
NORA CAMPOS |
DISTRICT 5 |
|
PAT DANDO, VICE MAYOR |
DISTRICT 10 |
To
arrange an accommodation under the Americans with Disabilities
Act to participate in this public meeting, please call 1 (408)
277-4424 or 1 (408) 998-5299 (TTY) at least two business days
before the meeting.
On
occasion the City Council may consider agenda items out of order.
· Call to Order and Roll Call
9:30 a.m. - Closed Session, Room 600, City Hall
1:30 p.m. - Regular Session, Council Chambers, City Hall
7:00 p.m. - Public Hearings, Council Chambers, City Hall
General Plan Hearings, Council Chambers, City Hall
· Invocation (District 6) - San José Friends
· 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.
1.1 Presentation of a commendation to Mike Gibeau for his long-time efforts and advocacy for safe schools for San José youth (Cortese)
TO BE HEARD IN THE EVENING
*1.2 Presentation of a commendation to San José Friends. (Yeager)
(Rules Committee referral 6/9/04)
Notice to the
public: There will be no separate discussion of Consent Calendar
items as they are considered to be routine by the City Council
and will be adopted by one motion.
If a member of the City Council, staff, or public requests
discussion on a particular item, that item will be removed from
the Consent Calendar and considered separately.
* Recommendation: Final adoption of Ordinances:
(a) ORD. NO. 27161 – Amends Chapter 7.08 of Title 7 of the San José Municipal Code by defining Animal Rescuer and Adult Dog or Cat, and regulating animal rescuer registration.
(b)
ORD. NO. 27162 – Amends Chapter 7.08 of Title
7 of the San José Municipal Code by modifying all provisions
related to or referencing the vicious dog provisions.
(c) ORD. NO. 27163 – Amends Chapter 7.08 of Title 7 of the San José Municipal Code by defining exhibition and service animal, and specifying requirements for use of posted off-leash areas.
(d) ORD. NO. 27165 – Rezones certain real property situated on the southwest corner of Woodglen Drive and Campbell Avenue to a (PD) Planned Development Zoning District. PDC 03-076.
(e) ORD. NO. 27166 – Rezones certain real property situated on the southwest corner of Almaden Road and Barnes Lane (19291 Almaden Road) to a (PD) Planned Development Zoning District. PDC 03-087.
(f)
ORD. NO. 27167 – Rezones certain real properties
situated in the Delmas Park Strong Neighborhoods Initiative
(SNI) Area and generally bounded by Park Avenue to the South,
W. San Fernando Street to the North, Los Gatos Creek to the
West, and Delmas Avenue and State Route 87 to the East from
L1 Light Industrial Zoning District to R-2 Two-Family Residence
Zoning District.
C 04-019.
(g) ORD. NO. 27168 – Rezones certain real properties situated in the Delmas Park SNI Area and generally bounded by Interstate 280 to the South, W. San Carlos Street to the North, Bird Avenue to the West, and Delmas Avenue and Highway 87 to the East from L1 Light Industrial Zoning District and R-2 Two-Family Residence Zoning District to R-2 Two-Family Residence Zoning District and CP Commercial Pedestrian Zoning District. C 04-020.
(h) ORD. NO. 27169 – Rezones certain real properties situated in the 13th Street SNI Area and generally including properties on both sides of North 13th Street between Hedding and Jackson Streets from CN Commercial Neighborhood Zoning District to CP Commercial Pedestrian Zoning District. C 04-030.
(i) ORD. NO. 27170 – Rezones certain real property located on the East side of South King Road, South of Silver Creek and approximately 300 feet northerly of Alum Rock Avenue to R-1-8 Single-Family Residence Zoning District. C 04-034.
Recommendation: Final adoption of Ordinances (Cont’d.)
(j) ORD. NO. 27171 – Rezones certain real properties situated on both sides of South First Street, South of Highway 280 and North of Alma Avenue to CP Pedestrian Commercial Zoning District and certain other real properties to R-M Multi- Family Residence Zoning District. C 04-035.
(k) ORD. NO. 27172 – Rezones certain real property located in the area bounded along both sides of Keyes Street, East of South 6th Street and West of South 12th Street to CP Pedestrian Commercial Zoning District. C 04-036.
(l) ORD. NO. 27173 – Rezones certain real property bounded by El Dorado Street to the East, up to and including the Guadalupe River/Alviso Slough and a small part of the Cargill Salt Ponds to the South and West, and by the Alviso Marina County Park and Wetlands/Baylands beyond the County Park to the North to CP(PD) Planned Development Zoning District. PDC 04-037.
Recommendation:
(a) (1) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Mayfair Streetlights Project (PSM 359) with a net impact to the fund of $35,000.
(2) Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Mayfair Streetlights Project (PSM 359), as more specifically described in the memorandum from the Redevelopment Agency, dated May 19, 2004.
CEQA: Exempt, PP01-02-023. Council District 5. SNI: Mayfair. (City Manager’s Office)
(b) (1) Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the Selma Olinder Park Project (PSM 361) with a net impact to the fund of $1,000,000.
(2) Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements in connection with the Selma Olinder Park Project (PSM 361), as more specifically described in the memorandum from the Redevelopment Agency, dated May 3, 2004.
CEQA: Not a Project. Council District 3. SNI: Five Wounds/Brookwood Terrace. (City Manager’s Office)
Recommendation:
Approval of award of open purchase orders for supplies,
materials, equipment, and services for FY 2003-2004 #23 and
authorization for the Director of General Services to execute
the purchase orders. CEQA:
See memo for CEQA designation(s).
(General Services)
TPAC
* Recommendation: Approval of Deferred Annexation Agreements for Assessor’s Parcel Numbers 484-16-026; 612-21-065; 612-21-047; 612-22-002; 599-18-109; 612-06-015; 599-37-046; 601-21-007; 612-08-088; -089; 090; 612-18-019; 599-30-034; -035; -036; 599-35-021; 725-07-005; -014; 725-10-007; 288-26-029; 274-19-044; 261-40-079; 654-19-004; 654-19-015; 654-13-035; 696-10-069; -072, and forward it to Santa Clara County Development Services staff for recordation. CEQA: See memo for CEQA designation(s). Council Districts 5, 6, 8, and 10. (Planning, Building and Code Enforcement)
Recommendation: Report on bids and award of contract for the Fire Station No. 7 Upgrade Project to the low bidder, United Builders Corporation, in the amount of $276,400, and approval of a contingency in an amount of $41,460. CEQA: Exempt, PP04-05-160. Council District 3. (Public Works)
Recommendation: Approval of the first amendment to the agreement with MRF Geosystems Corporation for consultant services for a Spatial Adjustment of Street Centerline, Parcel, and Other Geographic Information Systems Layers Project, increasing compensation by $331,400, from $660,000 to $991,400, and extending the term of the agreement to December 30, 2005. CEQA: Not a Project. (Public Works/Planning, Building and Code Enforcement)
Recommendation: Report on bids and award of contract for the Suncrest Avenue Sanitary Sewer Replacement Project to the low bidder, Pacific Underground Construction, in the amount of $237,980, and approval of a contingency in the amount of $24,000. CEQA: Exempt, PP04-02-031. Council District 4. (Public Works)
Recommendation: Approval
of a third amendment to the agreement with George Miers &
Associates, for architectural services needed to continue construction
administration services for the San José Animal Care Center
Project, extending the term of the agreement to
November 30, 2004, and increasing the compensation by $79,000,
from $1,041,000 to $1,120,000.
CEQA: Negative Declaration, H01-01-003. (Public Works)
Recommendation: Approval of an agreement with Efren D. Ramos and Maria E. Ramos for the purchase of an easement for placement of a bridge and park trail over a portion of the property located at 2506 Dobern Avenue, together with an immediate right of entry thereon in the amount of $14,700, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction. CEQA: Negative Declaration and addenda thereto, PP03-11-352. Council District 5. SNI: East Valley/680. (Public Works)
* Recommendation: Report on bids and take appropriate
action based on the evaluation of bids for the Alum Rock Park
Quail Hollow Bridge Replacement Project.
CEQA: Negative Declaration, PP02-09-235. Council District 4. (Public Works).
RECOMMEND DEFERRAL TO 6/29/04
* Recommendation:
(a) Report on bids and award of contract for the Hillstone Park Project to the low bidder, Blossom Valley Construction, Inc., for the base bid and Add Alternate Nos. 1 and 2, in the amount of $620,000, and approval of a contingency in the amount of $31,000.
(b) Adoption of the following appropriation ordinance amendments in the Council District 8 Construction and Conveyance Tax Fund:
(1) Establish an appropriation to the Department of Parks, Recreation and Neighborhood Services for the Hillstone Park Project in the amount of $105,000; and
(2) Decrease the Ending Fund Balance by $105,000.
CEQA: Negative Declaration, PP02-10-291. Council District 8. (Public Works/Parks, Recreation and Neighborhood Services/City Manager's Office)
* Recommendation:
(a) Approval of an ordinance amending Chapter 11.51 and Chapter 11.54 of Title 11 of the San José Municipal Code to authorize the Director of Transportation to establish on-street valet parking zones, to designate the proper white curb marking for such zones, and to authorize the Director of Transportation to establish regulations to issue permits for the use of the zones.
(b) Approval of an ordinance amending Section 1.08.025 of Chapter 1.08 of Title 1 of the San José Municipal Code to update the list of parking violations and to include on-street valet parking zone violations in the list of parking violations.
Recommendation: Report of bids and award of
contract for Curb Ramp Improvements in the Washington and Edenvale
Strong Neighborhood Initiative (SNI) areas to the low bidder
Sposeto Engineering Inc., in the amount of
$332,834.40, and approval of a contingency in the amount
of $33,283.44, for a total contract amount of $366,117.84.
CEQA: Exempt, PP03-08-269, NEPA:
File No. G57. Council
Districts 2, 3, and 7. SNI: Washington and Edenvale.
(Transportation)
2.15 Approval of Independent Police Auditor’s travel.
Recommendation: Approval of Independent Police Auditor Teresa Guerrero-Daley’s travel to Belo Horizonte, Brazil, June 26-July 3, 2004, to attend as a presenter, the international conference “External Control: Transparency for Everyone”. Funding: National Secretariat for Public Security in Brazil. (Independent Police Auditor)
2.16 Approval of City Manager’s Travel.
* Recommendation: Approval of the City Manager’s travel to Louisville, Kentucky to attend the Greater Louisville Project from June 16-18, 2004. (City Manager’s Office). Funding: City of Louisville, Kentucky.
Recommendation: Approval of a nomination to the San José Silicon Valley Workforce Investment Network Board of Directors. (Mayor)
(Rules Committee referral 6/9/04)
Mayor
Gonzales, Chair
Vice
Mayor Dando, Chair
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1) Review June 15, 2004, 2004 Draft Agenda
(2) Add New Items to June 8, 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) AB 2702 (Steinberg), secondary units
(2) Federal
(d) Meeting Schedules
(e) The Public Record
* (f) Appointment to Boards, Commissions and Committees. HEARD BY COUNCIL ON 6/8/04
(1) Arts Commission
(2) Library Commission
(3) Traffic Appeals Commission
(g) Rules Committee Reviews, Recommendations and Approvals
(1) City Manager’s report on Building Capacity to Maintain a Strong Leadership Team for the City of San José
(2) Written report from City Manager including a schedule of community meetings for the Public Art Process at the Norman Y. Mineta San José International Airport
(h) Oral communications
(i) Adjournment
Partial
Meeting
of June 9, 2004
(c) Legislative Update
(1) State
(a) SB 849 (Torlakson) – Regarding the Metropolitan Transportation Commission and the Association of Bay Area Governments
SEE ITEM 3.5 FOR COUNCIL ACTION TO BE TAKEN
Council
Member Campos, Chair
3.4 City position on SB 849 (Torlakson).
* Recommendation: Approval of staff recommendation that the City oppose SB 849 (Torlakson) regarding the Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG).
[Rules Committee referral 6/9/04 – Item 3.2(c)(1)(a)]
Recommendation: Approval of staff recommendation that the City oppose SB 849 (Torlakson) regarding the Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG).
[Rules Committee referral 6/9/04 – Item 3.2(c)(1)(a)]
Council
Member Chavez, Chair
Council
Member Williams, Chair
Recommendation: Approval of the Memorandum
of Understanding (MOU) with the County of Santa Clara, Santa
Clara Valley Water District, and Valley Transportation
Authority for the Santa Clara Valley Habitat Conservation Plan
(HCP) and Natural Community Conservation Plan (NCCP). CEQA:
Exempt, PP03-08-268.
(Planning, Building and Code Enforcement)
[Driving
a Strong Economy Committee referral 6/23/03 - Item 4.2(d)]
(Deferred from 9/9/03
– Item 4.6)
Recommendation: Adoption of resolutions approving, confirming and adopting the Annual Budget Reports for Fiscal Year 2004-2005 for City of San José Maintenance Districts 1, 2, 5, 8, 9, 11, 13, 15, 18, 19, 20, 21, and 22 and levying the assessments therein. CEQA: Not a Project. Council Districts 2, 3, 4, and 8. (Public Works)
Recommendation: Adoption of a resolution:
(a) Determining that public use and necessity require the acquisition of property owned by Union Pacific Railroad for:
(1) Roadway easements to portions of properties located on Oakland Road between Charles and Gish Road (APNs: 237-06-069 & 241-12-007) and located on Oakland Road between Fox and Wayne Avenues (APNs: 244-22-009 & 237-03-031).
(b) Finding that:
(1) The property interests to be taken are necessary for the completion of the Oakland Road street widening project;
(2) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury;
(3) City staff established an amount of just compensation not less than the full amount of the approved appraisal;
(4) City staff made an offer to the owners for the full appraised amount;
(5) As required by Code of Civil Procedure Section 1240.510, the proposed project will not unreasonably interfere with or impair the continued railroad use of the property as it now exists or may reasonably be expected to exist in the future; and
(6) The proposed taking and use are authorized by law.
(c) Directing the City Attorney to file an eminent domain action to acquire these property interests.
CEQA: Negative Declaration, PP03-06-209. Council District 4. (Public Works/Transportation)
Recommendation: Adoption of a resolution:
(a) Determining that public use and necessity require the acquisition of a portion of the property located at 888 Story Road, owned by Dennis K. Nazloo and Tony A. Gevergiz.
(b) Finding that:
(1) The property to be taken is necessary for the completion of the Story Road Widening Project (Senter Road to McLaughlin Avenue);
(2) The proposed project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury;
(3) City staff established an amount of just compensation not less than the approved appraisal of the fair market value;
(4) City staff presented an offer to the owners for the full appraised amount; and
(5) The proposed taking and use are authorized by law.
(c) Directing the City Attorney to file an eminent domain action to acquire the above property interests.
CEQA: Exempt, PP04-03-084. Council District 7. (Public Works)
Recommendation:
(a) Report on bids and award of contract for the Bailey Avenue Extension - Segment C (Bailey Avenue Overhead at Monterey Road) Project to the low bidder, Shasta Constructors Inc., in the amount of $4,750,602.20, and approval of a contingency in the amount of $238,000.
(b) Adoption of the following appropriation ordinance amendments in the Building and Structure Construction Tax Fund:
(1) Establish an appropriation to the Department of Transportation for the Bailey Avenue Extension - Segment C Project in the amount of $4,700,000.
(2) Decrease the Ending Fund Balance by $4,700,000.
CEQA: Resolution No. 68705. Council District 2. (Public Works/City Manager's Office/Transportation)
* Recommendation: Adoption of a resolution authorizing
the City Manager to:
(a) Negotiate and execute all documents and amendments for the Workforce Investment Act Program for the period from July 1, 2004 to June 30, 2005, in accordance with the procurement procedures and requirements mandated by the State and Federal Governments for Workforce Investment Act grant recipients and with established City procurement procedures and requirements, that have been reviewed and approved by the SVWIN Executive Committee and/or the SVWIN Board, so long as moneys have been appropriated and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expenses of the agreement.
(b) Negotiate and execute all grants and sub grant agreements for discretionary funding applied for and approved by the SVWIN Board for the period from July 1, 2004 to June 30, 2005.
CEQA: Not a project. (Economic Development)
Council
Member Yeager, Chair
Recommendation: Approval of the Guadalupe Creek
Trail Master Plan. CEQA: Mitigated Negative Declaration, PP04-03-061. Council District 10. (Parks, Recreation and Neighborhood
Services)
* Recommendation: Report on bids and award of contract for the Guadalupe Gardens Improvements Phase I Project to the low bidder, Cleary Bros. Landscape, Inc., for the base bid and Add Alternate Nos. 1 and 2 in the amount of $996,951, and approval of a contingency in the amount of $100,000. CEQA: Mitigated Negative Declaration, PP02-02-033. Council District 3. (Public Works/Parks, Recreation and Neighborhood Services)
* Recommendation: Report on bids and take appropriate
action based on the evaluation of bids for the Almaden Lake
Park Improvements Project Phase I.
CEQA: Mitigated Negative Declaration,
PP04-03-051. Council District 10 (Public Works).
RECOMMEND DEFERRAL TO 6/29/04
Recommendation: Adoption of a resolution approving, confirming and adopting the City of San José Library Benefit Assessment District Annual Report for Fiscal Year 2004-2005 and levying the assessments. CEQA: Not a Project. (Public Works/Library)
Recommendation: Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Humane Society Silicon Valley and the City of San José for the Humane Society to provide the month-to-month City-specific animal shelter services for the period of July 1, 2004, through December 31, 2004, at a cost to the City not to exceed $1,116,000, allowing the continuation of services until the City’s animal shelter is operational. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
* Recommendation: Approval of a one-month animal license amnesty program. CEQA: Not a Project. (Parks, Recreation and Neighborhood Services). RECOMMEND DEFERRAL TO 8/17/04
Council
Member Cortese, Chair
* Recommendation: Approval of City recommendation on proposed Berryessa BART station configuration. CEQA: Not a Project. Council District 4. (Transportation/Planning, Building and Code Enforcement). RECOMMEND DEFERRAL TO 6/22/04
(Referred from 5/18/04 – Item 6.3)
Recommendation: Adoption of a resolution amending Resolution No. 71324 effective July 1, 2004 to:
(a) Increase the flat rate per tow as consideration for the privilege of providing City-generated tows to $50.95;
(b) Increase the maximum rates that tow contractors may charge vehicle owners for basic tows to $112.09 per tow.
CEQA: Not a Project. (Planning, Building and Code Enforcement).
(Deferred from 6/8/04 – Item 6.2)
Recommendation:
(a) Report on bids and award of contract for the University Area Sanitary Sewer Rehabilitation Project to the lowest responsive bidder, Insituform Technologies Inc., in the amount of $1,700,000. CEQA: Exempt, PP04-03-105. Council Districts 3 and 7. SNI: University, Spartan/Keyes, Tully/Center, and Rockspring.
(b) Report on bids and award of contract for the Almaden-Vine Area Sanitary Sewer Rehabilitation Project to the lowest responsive bidder, Insituform Technologies Inc., in the amount of $1,700,000. CEQA: Exempt, PP04-03-104. Council Districts 3, 6, and 7. SNI: Washington, Josefa/Auzerais.
(Public Works)
CONVENE
REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1, 10.2 AND
10.3, 10.4, AND 10.5 IN A JOINT SESSION
* 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 and deferred from 6/1/04 – Item 10.1). RECOMMEND DEFERRAL TO 6/22/04
* Recommendation:
(a) Adoption of a resolution by the City Council making certain determinations required by Redevelopment Law regarding the expenditures of Redevelopment Agency funds on City public improvements;
(b) Adoption of resolutions by the City Council and Redevelopment Agency Board authorizing the City Manager and Executive Director to negotiate and execute a grant agreement with the Children's Discovery Museum of San José, in a total amount not to exceed $617,010, for the purpose of design and construction of facility enhancements; and
(c) Adoption of resolutions by the City Council and Redevelopment Agency Board authorizing the City Manager and the Executive Director to negotiate and execute an assignment of the Agency's rights and obligations under the Operation and Management Agreement between the Agency and Children's Discovery Museum to the City.
CEQA: Exempt, File No. PP04-05-182. (City Manager’s Office/Redevelopment Agency)
Recommendation: Approval of the Mayor’s June Budget Message. (Mayor)
TO BE HEARD CONCURRENTLY WITH ITEM 10.5
* Recommendation:
(a) Adopt a resolution revising Recycle Plus rates for integrated waste management services beginning August 1, 2004, increasing single-family and multi-family rates by 9% as approved in the FY 2003-04 Adopted Budget and as noticed to the public on April 11, 2003; and setting the optional yard trimmings cart subscription rate at $2.50 per month effective August 1, 2004, to bring this service to cost recovery;
(b) Adopt a resolution revising the Commercial Solid Waste Collection Franchise Fee for services performed on or after August 1, 2004, as follows:
(1) For each uncompacted cubic yard collected, increase the Franchise Fee from $3.24 to $3.34 per cubic yard.
(2) For each compacted cubic yard, increase the Franchise Fee from $9.72 to $10.02 per cubic yard.
(3) Revise the exemption from the Franchise Fee from the first 21,600 to the first 20,900 cubic yards of uncompacted solid waste (or the equivalent of compacted solid waste) collected in any fiscal year (July 1 through June 30) for haulers that do not provide front loader service.
(4) Eliminate the yearly exemption from the Franchise Fee of the first 21,600 cubic yards of uncompacted solid waste (or the equivalent of compacted solid waste) collected in any fiscal year (July 1-June 30) for haulers providing front loader service effective July 1, 2004.
(c) Approve revisions to the Commercial Solid Waste Source Reduction and Recycling (AB939) Fee (included in the Schedule of Fees and Charges) effective August 1, 2004, as follows:
(1) For each uncompacted cubic yard collected, decrease the fee from $0.60 to $0.50 per cubic yard.
(2) For each compacted cubic yard collected, decrease the fee from $1.80 to $1.50 per cubic yard.
(d) Direct staff to return to Council during the FY 2005-06 budget process with recommendations for a revised five-year rate strategy for Recycle Plus.
CEQA:
Not a Project. (Environmental
Services)
TPAC
Recommendation:
(a) Adoption of a resolution by the City Council approving the Operating Budget for Fiscal Year 2004-2005 for the City of San José, the Capital Budget for Fiscal Year 2004-2005 for the City of San José, and the Five Year Capital Improvement Program for Fiscal Year 2005-2009 for the City of San José as revised by the Mayor’s Budget Message and directing the City Manager to prepare the final documents for adoption.
(b) Adoption of a resolution by the City Council establishing the Schedule of Fees and Charges for Fiscal Year 2004-2005.
(c) Adoption of a resolution by the City Council establishing fees and charges for recreational and park activities.
(d) Adoption of a resolution to:
(1) Increase the wholesale recycled water basic rate from $240 per acre-foot (AF) to $405/AF;
(2) Index the basic rate to the Santa Clara Valley Water District’s wholesale untreated water costs;
(3) Provide a $165/AF discount for recycled water delivered to water retailers for landscape irrigation use; and
(4) Provide a $365/AF discount for recycled water delivered to water retailers for industrial and agricultural uses.
CEQA: Not a Project. (Environmental Services)
(e) Adoption of resolutions by the Agency Board approving:
(1)
Operating Budget for Fiscal Year 2004-2005 for the Redevelopment
Agency of the City of San José.
(2)
Capital Budget for Fiscal Year 2004-2005 for the Redevelopment
Agency of the City of San José.
(City Manager’s Office/Redevelopment Agency)
TO BE HEARD CONCURRENTLY WITH ITEM 10.3
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:
|
Tract |
Location |
Council District |
Developer |
Lots/ Units |
Type |
Proposed Decision |
|
9379 |
Renaissance Drive |
1 |
Renaissance Townhomes |
1 lot/10 units (condo) |
Multi-family |
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:
|
Tract |
Location |
Council District |
Developer |
Lots/Units |
Type |
|
9549 |
SW/C of Capitol Ave., Baton Rouge Drive |
4 |
William Lyon Homes, Inc. |
91 units |
Single-family attached |
· Open Forum—To be heard jointly with Redevelopment Agency Public Discussion. Following Open Forum, Council will recess until 7:00 p.m.
(To be heard by the City Council at 7:00 p.m.)
Recommendation: PUBLIC HEARING ON APPROVAL
OF AN ORDINANCE amending Chapter 20.100 of Title 20 of the San
José Municipal Code by modifying provisions related to acceptance
of permits, and recordation of permits, as well as adding new
sections related to abandonment of permits and actions associated
with inactive applications, and other clarifying changes. CEQA:
Mitigated Negative Declaration, PDC03-018, and addenda
thereto, File No. PDC04-051.
Director of Planning, Building and Code Enforcement and
Planning Commission recommend approval (7-0-0).
Attachment A
Attachment B
* Recommendation: PUBLIC HEARING ON THE PROPOSED NAMING OF A NEW STREET, NEWHALL DRIVE, between Coleman Avenue and Newhall Street. (City of San José Department of Transportation, Applicant). CEQA: Exempt.
ST
04-001 - District 3. Director of Planning, Building and
Code Enforcement and Planning Commission recommend approval
(7-0-0).
Attachment A
Attachment B
Recommendation: PUBLIC HEARING ON PLANNING DIRECTOR-INITIATED CONVENTIONAL REZONING of the area generally bounded by East Santa Clara Street to the north, 30th Avenue to the east, San Antonio Street and William Street to the south, and South 22nd Street to the west, from LI Light Industrial and CP Pedestrian Commercial Zoning Districts to R-2 Two-Family Residence District to reflect residential uses on a 31.34 gross acre site. CEQA: Resolution No. 65459. SNI: Five Wounds/Brookwood Terrace. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
C 04-039 - District 3
(Continued
from 6/1/04 – Item 11.11)
*RECOMMEND CONTINUANCE
TO 10/5/04
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of North First Street on both sides of Component Drive (2347 N. 1st Street), from IP (PD) Planned Development District to IP (PD) Planned Development District, to allow up to 2.8 million square feet of development for Research and Development/Office uses, on a 41.0 acre site. (Abn Amro Leasing Inc., Owner/Developer). CEQA: Resolution to be adopted. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-1-0).
TO BE HEARD WITH ITEM 11.5
* (BEA Systems, Inc., Owner)
Recommendation: PUBLIC HEARING on approval of an ordinance to approve a development agreement between the City of San José and BEA Systems, Inc., to entitle up to 2.8 million square feet of Research and Development/Office uses, on a 41.0 acre site, through the allocation of existing and proposed floor area credits from the City’s pool of transferable industrial floor area (2347 N. 1st Street). (Abn Amro Leasing Inc., Owner/Developer). CEQA: Resolution to be adopted. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-1-0).
DA - BEA - District 4
TO BE HEARD WITH ITEM 11.4
Recommendation: PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Senter Road, approximately 600 feet southerly of Needles Drive (1896 Senter Road), from A Agriculture and LI Light Industrial Zoning Districts to A(PD) Planned Development Zoning District, to allow up to 218 multi-family attached housing units on a 7.2 gross acre site. (R L Carroll Trustee et al., City of San José, Owner). CEQA: Mitigated Negative Declaration. SNI: Tully/Senter.
PDC
03-057 - District 7. Director of Planning, Building and
Code Enforcement and Planning Commission recommend approval
(7-0-0).
Attachment A
Attachment B