SAN JOSE CITY COUNCIL

AMENDED AGENDA

 

NOVEMBER 18, 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

            9:00 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 Hearing - Canceled

·                   Invocation (District 10)

           * Holy Spirit School Choir

 

·                   Pledge of Allegiance

·                   Orders of the Day

            ITEM 10.1 IS TO BE CONSIDERED IN A JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD SESSION.

 

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

            THERE WILL BE A STUDY SESSION ON ECONOMIC STRATEGY FOLLOWING THE CITY COUNCIL AND REDEVELOPMENT AGENCY MEETINGS, IN THE HEALTH BUILDING.

 

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

*          Adjournment:  This meeting will be adjourned in memory of Hugo Joseph Bellardi, who is survived by his wife Evelyn, their daughter Maya Murphy, grandchildren, Mark Rapazzini, Todd Rapazzini, Jim Teague, Wendy Teague, and six great-grandchildren.

 

1     CEREMONIAL ITEMS


 

1.1       Presentation of a commendation to the Santa Clara County Office of Education “Teacher of the Year 2003” awardees that are teaching in our San José schools.  (Chirco, Cortese, Gregory, Williams, Yeager)

            TO BE HEARD IN THE EVENING

 

1.2       Presentation of a commendation to the outstanding San José Police Department Mounted Unit for winning a competition for best law enforcement mounted unit and best color guard at the Grand National Rodeo.  (Dando)

            TO BE HEARD IN THE EVENING

 

1.3       Presentation of a commendation to History San José and the Sponsors of Founders Day 2003.  (Dando)

            TO BE HEARD IN THE EVENING

 

1.4       Presentation of plaques to Harold Cole for 2 years 8 months service on the Disability Advisory Commission; to Patsy Storie for 1 year service on the Early Care and Education Commission; to Nancy Marcus for 3 years 3 months service on the Senior Citizens Commission; to Davlyn Jones for 1 year 10 months service on the Small Business Development Commission; to Carolyn Shadle for 1 year 3 months service on the Small Business Development Commission; and to Jim McBride for 4 years 10 months service on the Suggestion Award Commission.  (Mayor)

 

 

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.

 

            Recommendation:  Approval of City Council Minutes for:

            (a)        Regular meeting of June 17, 2003

            (b)        Regular meeting of June 24, 2003

            (c)        Joint Council/Redevelopment Agency Board meeting of June 24, 2003

            (d)        Regular meeting of August 12, 2003

            (e)        Joint Council/Redevelopment Agency Board/Financing Authority meeting of August 12, 2003

            (f)         Regular meeting of August 19, 2003

            (g)        General plan meeting of August 19, 2003

               (h)        Joint Council/Redevelopment Agency Board meeting of August 19, 2003

            (i)         Joint Council/Redevelopment Agency Board/San José Financing Authority meeting of August 19, 2003

 

2.2              Final adoption of ordinances.

 

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 27008 – Amends Section 4.46.039.8 of Chapter 4.46 of Title 4 of the San José Municipal Code to extend the period of suspension of collection of the Building and Structure Construction Tax for the construction of special industrial use tenant improvements, and adds a new Section 4.46.039.9 to provide for the suspension of collection of the Building and Structure Construction Tax for the construction of office use tenant improvements in the downtown core.

 

            (b)        ORD. NO. 27010 – Amends Chapter 11.48 of Title 11 of the San José Municipal Code to add a new Section 11.48.180 to establish a Santana Area Neighborhood Residential Permit Parking Program.

 

            (c)        ORD. NO. 27011 – Amends certain time limitations with respect to redevelopment plans.

 

            (d)        ORD. NO. 27012 – Rezones certain real property situated at the southeast corner of E. Virginia and S. Fifth Streets.  PDCSH 03-022

 

            (e)        ORD. NO. 27013 – Rezones certain real property situated on the west side of S. Eleventh Street, approximately 140 feet north of Margaret Street (671 S. Eleventh Street), to A(PD) Planned Development Zoning District.  PDC 00-115

 

            (f)         ORD. NO. 27014 – Rezones certain real property situated at the northwest corner of Hillsdale Avenue and Almaden Expressway to A(PD) Planned Development Zoning District.  PDC 03-027

 

2.3              Approval of a cost sharing agreement with the Santa Clara Valley Water District.

 

            Recommendation:  Approval of an agreement with the Santa Clara Valley Water District (District) for cost sharing associated with implementation of water conservation programs in 2003-2004, under which the City will receive an amount not to exceed $362,500 from the District, and the District will receive an amount not to exceed $446,847 from the City.   CEQA:  Not a Project.  (Environmental Services)

            (Deferred from 10/28/03 – Item 2.5)

            RULES COMMITTEE DEFERRED TO 11/25/03

 

2.4              Appointments to the Healthy Neighborhood Venture Fund (HNVF) Advisory Committee.

 

            Recommendation:  Approval of appointments to the HNVF Advisory Committee.  (Mayor)

            (Deferred from 11/4/03 – Item 2.12)

 

2.5              Approval of an agreement for legal services.

 

            Recommendation:  Approval of the fourth amendment to the legal services agreement with Bingham McCutchen to increase the compensation by $125,000, for a total not to exceed $925,000.  CEQA:  Not a Project.  (Boards of Administration for Federated City Employees’ Retirement System and Police & Fire Department Retirement Plan)

 

2.6              Acceptance of the Office of the City Auditor’s monthly report.

 

            Recommendation:  Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through October 15, 2003.  (City Auditor)

 

2.7              Acceptance of the finding reports regarding Bay 101 stock transfer.

 

            Recommendation:  Acceptance of the finding reports from Kafoury, Armstrong, & Company, LLP for the quarter ending June 30, 2003, relating to Bay 101 Conditional Approval of Stock Transfer.  (City Auditor)

 

2.8              Approval to add a new Council Agenda section entitled General Plan Hearings.

 

            Recommendation:  Adoption of a resolution amending the City Council Rules Resolution, Rule 2, and order of business to add a new section on the Council Agenda entitled “GENERAL PLAN HEARINGS.”  CEQA:  Not a Project.  (City Manager’s Office/City Clerk)

 

2.9              Approval of various fiscal actions regarding projects funded by the Redevelopment Agency.

 

*          Recommendation:  Adoption of an appropriation ordinance and funding sources resolution amendments for various projects supported by the San José Redevelopment Agency and adoption of a resolution making certain determinations regarding the expenditure of Agency funds on certain public improvements.  CEQA:  Resolution No. 65459, PP03-10-343. Council Districts 3 and 7.. SNI Areas: Winchester, 13th Street, and West Evergreen.  (City Manager’s Office)

 

2.10          Approval of action related to Redevelopment Manager Money Purchase Retirement Plan.

 

            Recommendation:  Adoption of a resolution establishing the Redevelopment Manager Money Purchase Retirement Plan, authorizing the Director of Employee Services to execute the Declaration of Trust of the ICMA Retirement Trust and to execute all necessary agreements incidental to the establishment and administration of the Plan, and naming the Benefits Manager as coordinator for the Plan.  CEQA:  Not a Project.  (Employee Services)

 

2.11          Approval of various actions regarding the Water Pollution Control Plant.

a. TPAC

b. TPAC

            Recommendation: 

            (a)        Report on bids and award of contract for the San José/Santa Clara Water Pollution Control Plant, Diversion Pipeline Mid Point Chlorination Project to the low bidder, D.W. Nicholson Corporation, in the amount of $622,000, and approval of a contingency in the amount of $62,000.  CEQA:  Exempt, PP02-04-077.  (Environmental Services)

            (b)        Report on a bid and award the purchase of two SCAT 4441 sludge aerator/mixer and bioremediation blenders, to Nixon-Egli (Tracy, CA) at a total cost of $622,293.38 including tax and delivery, and authorize the Director of General Services to:

                        (1)        Execute a purchase order for the immediate purchase of two SCAT 4441 sludge aerator/mixer bioremediation blenders; and

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

                        CEQA:  Not a Project.  (General Services)

 

2.12          Approval of a grant agreement for reimbursement of costs associated with the South Bay Water Recycling (SBWR) Silver Creek Pipeline.

 

            Recommendation:  Adoption of a resolution authorizing the City Manager to execute a grant agreement to accept up to $3,654,544 in funding from the State Water Resources Control Board (SWRCB) for reimbursement of costs associated with the South Bay Water Recycling (SBWR) Silver Creek Pipeline.  CEQA:  Resolution No. 64667, and Addenda thereto, PP01-09-162.   Council Districts 2 and 8.  (Environmental Services)
TPAC

 

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

 

            Recommendation:  Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #5, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  Not a Project  (General Services)

 

2.14         Approval to reorganize and annex land designated as Franklin No. 51.

 

            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as Franklin No. 51, which involves the annexation to the City of San José of 0.503 acre of land, located on the southeastern corner of Garden Avenue and Southside Drive, generally bounded by the City of San José Annexation Franklin 28, and the detachment of the same from the Central Fire Protection, County Library Service Area, County Sanitation 2-3, and the County Lighting Service.  CEQA:  Resolution No. 71359.  Council District 7.  (Planning, Building and Code Enforcement)

 

2.15          Approval to reorganize and annex land designated as McKee No. 120.

 

*          Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as McKee No. 120 which involves the annexation McKee No. 91, and the detachment of the same from Santa Clara County Central Fire Protection District, Santa Clara County Lighting District, Santa Clara (Library Services) County Service, Area No. 01 and the Library Benefit Assessment County Service Area No. 01.  CEQA:  Mitigated Negative Declaration, PDC 01-082.  Council District 5.  (Planning, Building and Code Enforcement)

 

2.16          Approval to reorganize and annex land designated as Winchester No. 39.

 

            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as Winchester No. 39 which involves the annexation to the City of San José of 0.16 acre of land, located on the west side of Henry Avenue, approximately 380 feet southerly of Stevens Creek Boulevard and generally bounded by the City of San José Annexation Winchester No. 6, and the detachment of the same from the appropriate special districts including: Central Fire Protection, West Valley Sanitation District, Santa Clara County Lighting Service Area, and the County Service Area No. 1 (County Library Services Area).  CEQA:  Resolution No. 65459.  Council District 1.  (Planning, Building and Code Enforcement)

 

2.17          Approval of fiscal actions related to the Office of Traffic Safety California Seat Belt Compliance Campaign Program Grant.

 

            Recommendation:  Adoption of the following amendments to the annual appropriation ordinance and funding sources resolution in the General Fund as follows:

            (a)        Establish an appropriation in the City-wide Expenses to the Police Department for the Office of Traffic Safety California Seat Belt Compliance Campaign Program Grant in the amount of $49,998; and

            (b)        Increase the Earned Revenue Estimate from the State of California by $49,998.

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

 

2.18          Approval of fiscal actions related to the COPS Interoperable Communications Technology grant.

 

            Recommendation:  

            (a)        Adoption of a resolution to accept the U.S. Department of Justice 2003-05 COPS Interoperable Communications Technology grant in the amount of $3,692,162 and authorize the City Manager to execute the related grant agreement.

            (b)        Adoption of a resolution to accept the cash match contribution totaling $1,130,722 from the City of Palo Alto ($93,000), the County of Santa Clara - SB720 Funds ($739,680), and the Silicon Valley Regional Interoperability Project Group ($298,042).

            (c)        Adoption of the following amendments to the annual appropriation ordinance and funding sources resolution in the General Fund for Fiscal Year 2003-04:

                        (1)        Establish a City-wide appropriation to the Police Department for COPS 2003-04 Interoperable Communications Grant in the amount of $4,822,884;

                        (2)        Increase the Earned Revenue Estimate from the Federal Government by $3,692,162;

                        (3)        Increase the Earned Revenue Estimate from Local Agencies by $1,130,722.

            CEQA:  Resolution No. 65459, PP03-10-345.  (Police/City Manager’s Office)

 

2.19          Approval of actions to accept public utility easements.

 

            Recommendation:  Adoption of a resolution: 

            (a)        Authorizing the City Manager to accept a public utility easement from Bedford Property Investors, Inc., for a public utility easement located near the Concourse and Lundy intersection for a cost not to exceed $1,159, and to execute all documents necessary to complete the transaction; and

            (b)        Approving an agreement for purchase of a public utility easement located north of the Concourse and Lundy intersection, by and between the City of San José and Flextronics International USA, Inc., for $1,230.

            CEQA:  Exempt, PP01-11-193.  Council District 4.  (Public Works)

 

2.20          Approval to award a contract for the Plaza de Cesar Chavez Electrical Upgrades Project.

 

*          Recommendation:  Report on bids and take appropriate action based on the evaluation of bids for the Plaza de Cesar Chavez Electrical Upgrades Project, and approval of a fifteen percent contingency.  CEQA:  Exempt, PP03-06-202. Council District 3.  (Public Works/Parks, Recreation and Neighborhood Services)
RECOMMEND DEFERRAL TO 11/25/03

 

2.21          Approval of one proposed City Event for use at the HP Pavilion at San José.

 

            Recommendation:  Approval of one proposed City Event for use at the HP Pavilion at San José on December 7, 2003, for the First Annual Winter Concert.  (San José Arena Authority)

 

2.22            Approval of a fund transfer agreement associated with the Willow Glen Spur Trail Project. 

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute a fund transfer agreement with the County of Santa Clara (County) for the receipt of $2,000,000 for the potential acquisition of property associated with the Willow Glen Spur Trail Project.  CEQA:  Exempt, PP02-12-370.  Council District 6.  (Parks, Recreation and Neighborhood Services)

            (Rules Committee referral 11/12/03)

 

2.23            Approval of an agreement for the removal, transportation, and beneficial reuse of biosolids.

 

*            Recommendation:  Report on a Request for Proposal and adopt a resolution authorizing the Director of General Services to:

            (a)        Negotiate and execute a one-year agreement with four, one-year options with Browning-Ferris Industries, Inc. for the removal, transportation, and beneficial reuse of biosolids, with the first year compensation not to exceed $1,185,730; and

            (b)        Execute each of the options to renew without further City Council action other than the appropriation of necessary funds. 

            CEQA:  Exempt, PP 03-09-300.  (General Services)

            RENUMBERED FROM 7.1

 

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

            (a)        May 21, 2003 – 2003-2004 Proposed Operating Budget

            (b)        May 22, 2003 - 2003-2004 Proposed Operating Budget

 

3.2              Report of the Rules Committee

            Vice Mayor Dando, Chair

            Meeting of October 29, 2003

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

            (b)        City Council

                        (1)        Review November 11, 2003 Draft Agenda

                                    DROP – Meeting Canceled

                        (2)        Add New Items to November 4, 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)        Proposal for posting high-risk sex offender data on the San José Police Department web-site

                                    HEARD BY COUNCIL ON 11/4/03

                        (2)        Review workload assessment to develop an ordinance to allow disability payments to be excluded from income taxes

                        (3)        Request for workload assessment to develop a position on a resolution supporting a statewide ballot initiative to require voter approval before state government may confiscate local tax funds

                        (4)        Request for item to be placed on Council agenda regarding selection of Redevelopment Agency Director

            (h)        Oral communications

            (i)         Adjournment

 

            Meeting of November 5, 2003

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

            (b)        City Council

                        (1)        Review November 18, 2003 Draft Agenda

                        (2)        Add New Items to November 11, 2003 Amended Agenda

                                    DROP – Meeting Canceled

·        Mayor and Council Member Requests

·        City Manager Requests

·        City Attorney Requests

·        City Clerk Requests

                        (3)        List of Reports Outstanding

                        (4)        Review November 18, 2003 General Plan Agenda

            (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)        Review of City ordinances and policies related to dangerous domestic animals

            (h)        Oral communications

            (i)         Adjournment

 

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

 

 

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 – October 27, 2003

            Council Member Williams, Chair
Summary

            (a)        Report on the Business Area Update

            (b)        Report and Review of the Housing Rehabilitation Program

            (c)        Update Secondary Units

            (d)        Discussion on the Sign Ordinance for High –rise building

                        SEE ITEM 4.3 FOR COUNCIL ACTION TO BE TAKEN

            (e)        Oral petitions

            (f)         Adjournment

 

4.3              Approval of amendments to the Sign Code in the Edenvale Industrial Redevelopment Area.

 

*          Recommendation:  Approval of an ordinance amending Title 23, the Sign Code, of the San José Municipal Code as it pertains to skyline signs and roof signs in the Edenvale Industrial Redevelopment Area.  CEQA:  Exempt, PP03-10-307.  Council District 2.  (Planning, Building & Code Enforcement)

            [Driving a Strong Economy Committee referral 10/27/03 – Item 4.2(d)]

 

4.4              Public Hearing on historical property contract for the Hotel Metropole and Sunol Building.

 

*          Recommendation:  PUBLIC HEARING ON HISTORICAL PROPERTY CONTRACT for The Hotel Metropole, City Landmark No. HL 88-046, located at the northwest corner of South Market and Post Streets (35 South Market Street), and The Sunol Building (City Landmark No. HL 01-129), located at 127-145 Post Street, in the CG Commercial General Zoning District.  (Florin I. LTD., Owner).

(Continued from 10/28/03 - Item 4.4)

CEQA:  Exempt. (Planning, Building, and Code Enforcement)

            MA 02-003 - District

 

 

4.5              Approval of an agreement for the purchase of land and improvements located at 1015 South Bascom Avenue.

 

            Recommendation:  Adoption of a resolution authorizing the Director of Public Works to:

            (a)        Execute an agreement with Malcom H. Martin, Surviving Trustee of the Murray L. Martin 2002 Living Trust, for the purchase of land and improvements located at 1015 South Bascom Avenue in the amount of $3,472,000, and any additional documents necessary to complete this transaction;

            (2)        Settle the relocation claim for the business operated on the subject property.

            CEQA: Exempt, PP03-09-286. Council District 6.  (Public Works/Library)

 

4.6              Council Study Session on the Economic Strategy.

 

*          Recommendation:  Council Study Session on the Economic Strategy.  (Economic Development)
Economic Development Strategy

         Supplemental

            TO BE HEARD LAST FOLLOWING THE CITY COUNCIL AND REDEVELOPMENT AGENCY MEETINGS, IN THE HEALTH BUILDING

 

 

5     RECREATION & CULTURAL SERVICES


 

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

 

 

6     TRANSPORTATION SERVICES


 

6.1              Report of the Building Better Transportation Committee – November 3, 2003

            Council Member Cortese, Chair

            (a)        Expansion and Improvement of Transit and Transportation Systems

                        (1)        Light Rail Projects Report and Policy Discussion

            (b)        Traffic Relief/Safe Streets

                        (1)        Traffic Management Center Operation Presentation and Discussion

            (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 Authority (VTA), Valley Transportation Plan (VTP) 2020

            (e)        Oral petitions

            (f)         Adjournment

 

 

7     ENVIRONMENTAL & UTILITY SERVICES


 

7.1              Approval of an agreement for the removal, transportation, and beneficial reuse of biosolids.

 

            Recommendation:  Report on a Request for Proposal and adopt a resolution authorizing the Director of General Services to:

            (a)        Negotiate and execute a one-year agreement with four, one-year options with Browning-Ferris Industries, Inc. for the removal, transportation, and beneficial reuse of biosolids, with the first year compensation not to exceed $1,185,730; and

            (b)        Execute each of the options to renew without further City Council action other than the appropriation of necessary funds. 

            CEQA:  Exempt, PP 03-09-300.  (General Services)

              TPAC

 

8     AVIATION SERVICES


 

 

9     PUBLIC SAFETY SERVICES


 

9.1              Approval of an ordinance relating to fire safety during construction.

 

            Recommendation:  Approval of an ordinance amending Title 17 of the San José Municipal Code by adding a new Chapter 17.82 relating to fire safety during construction.  (City Attorney's Office)

            (Deferred from 10/14/03 – Item 9.1)

            RULES COMMITTEE DEFERRED TO 11/25/03

 

 

10     JOINT COUNCIL/REDEVELOPMENT AGENCY


 

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

 

10.1          Approval of Design Guidelines for Downtown Development.

 

*          Recommendation:  Approval of Design Guidelines for Downtown Development.  (City Manager's Office/Redevelopment Agency)

            TO BE HEARD IN THE EVENING AND CONCURRENTLY WITH ITEMS 11.2 AND 11.5

            RECOMMEND DEFERRAL TO 12/2/03

 

            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 appeal of the Planning Commission’s decision to approve a Conditional Use Permit.

 

            Recommendation:  PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve, with standard and special conditions, a Conditional Use Permit to allow an addition to an existing public utility facility (San José Water Company) located on the northwest corner of San Tomas Expressway and Williams Road in the R-1-8 Residence Zoning District on a 17 acre site.  The proposed addition consists of two settling ponds and three storage bins for temporary storage of excavated soil, asphalt, concrete, and base rock.  (San José Water Company, Owner/Developer).  CEQA:  Exempt, CP03-009.  Director of Planning, Building and Code Enforcement recommends upholding the decision of the Planning Commission to approve.

            CP 03-009 - District 1

            (Continued from 6/17/03 – Item 11.3 et al., and 11/4/03 – Item 11.1)
DROP

 

11.2          Public Hearing and approval of an ordinance modifying Downtown Zoning Regulations.

 

*          Recommendation:  PUBLIC HEARING on approval of an ordinance amending Chapter 20.70 of Title 20 of the San José Municipal Code by modifying the provisions of the Downtown Zoning Regulations.  CEQA:  Resolution No. 65459, PP03-05-169.  (Planning, Building, and Code Enforcement)

            (Continued from 6/3/03 – Item 11.3 et al., and 10/21/03 – Item 11.1)
TO BE HEARD CONCURRENTLY WITH ITEMS 10.1 AND 11.5 RECOMMEND CONTINUANCE TO 12/2/03

 

 

11.3          Public Hearing appealing the approval of a CUP for 1733 Story Road.

 

*          Recommendation:  PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to approve a Conditional Use Permit to allow operation until 2:00 a.m., and entertainment until 1:00 a.m. at an existing restaurant (Tacos Al Carbon), located on the east side of King Road, approximately 350 feet northerly of Story Road (1733 Story Road), on a 1.17 gross acre site in the CG General Commercial Zoning District.  (Hoady Family LLC, Mr. Danny Hoady, Owner; Tacos Al Carbon & Video Amparo Guizar, Developer).  CEQA:  Exempt. SNI:  East Valley/680 Communities.  Director of Planning, Building and Code Enforcement recommends to uphold the appeal and approve the Conditional Use Permit to allow operation of a restaurant until 3:00 a.m. on Saturdays, Sundays, and selected holidays and to allow associated entertainment activity until 2:00 a.m.  Planning Commission approved maintaining operating hours until 2:00 a.m. with entertainment activities ceasing at 1:00 a.m.

            CP 03-021 - District 5

 

11.4          Public hearing on planned development rezoning of the property located at 1023 Bird Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Bird Avenue, approximately 490 feet northeasterly of Snyder Avenue (1023 Bird Avenue), from R-1-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow a 530 square foot, half-story living area in an existing accessory structure in conjunction with an existing single-family residence on a 0.15 gross acre site.  (Stanley M. Davis et al. Owner/Developer).  CEQA:  Exempt.  Director of Planning, Building, and Code Enforcement and Planning Commission recommend denial. (7-0-0).

            PDC 03-060 - District 6
Attachment A
Attachment B

            (Continued from 10/21/03 – Item 11.6)

 

11.5          Public hearing on Director-initiated conventional rezoning of the property located within the area generally bounded 4th Street, Interstate 280, State Route 87 (Guadalupe Parkway), and Bassett Street.

 

*          Recommendation:  PUBLIC HEARING ON DIRECTOR-INITIATED CONVENTIONAL REZONING of the property located within the area generally bounded 4th Street, Interstate 280, State Route 87 (Guadalupe Parkway), and Bassett Street, from CG General Commercial, R-M Multiple Residence, R-2 Two-Family Residence, LI Light Industrial Districts to DC Downtown Commercial District and DC-NT 1 Downtown Commercial-Neighborhood Transition 1 Districts, to allow mixed use, commercial, and residential uses on approximately 389 gross acres.  CEQA:  Resolution No. 65459.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).  (Planning, Building, and Code Enforcement)

            C 03-072 - District 3

            (Continued from 10/21/03 – Item 11.9)
TO BE HEARD CONCURRENTLY WITH ITEMS 10.1 AND 11.2 RECOMMEND CONTINUANCE TO 12/2/03

 

 

11.6          Public hearing on planned development prezoning of the property located at 620 Curtner Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT PREZONING of the property located at the south side of Curtner Avenue, approximately 630 feet westerly of Bascom Avenue (620 Curtner Avenue), from County to A(PD) Planned Development Zoning District, to allow up to 15 single-family attached residential units on a 1.02 gross acre site.  (K. Naderzad, Owner).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-1-0).

            PDC 03-046 - District 9

 

11.7          Public hearing on conventional prezoning of the property located at 2430 Ruby Avenue.

 

            Recommendation:  PUBLIC HEARING ON CONVENTIONAL PREZONING of the property located at the east side of Ruby Avenue, approximately 780 feet northerly of Murillo Avenue (2430 Ruby Avenue), from County to R-1-2 Residence District, to allow a single-family use on a 0.52 gross acre site.  (Thuoc Dinh Nguyen & Minh Thu Thi Doan, Owners.  CEQA:  Resolution No. 65459.  Director of Planning, Building, and Code Enforcement recommends approval.  No Planning Commission action required.

            C 01-032 - District 8

 

11.8          Public hearing on planned development rezoning of the property located at Edenview Drive and Monterey Road.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeasterly corner of Edenview Drive and Monterey Road, from CP Commercial Pedestrian to A(PD) Planned Development Zoning District, to allow an existing approximately 2,200 square foot retail building, and the construction of a new, approximately 3,922 square foot retail building and associated improvements on 0.55 acre.  (Messina Richard V Trustee & Et Al, Owner).  CEQA:  Exempt.  SNI:  Edenvale/Great Oaks.

            PDC 03-069 - District 2

            RECOMMEND CONTINUANCE TO 12/2/03

 

11.9          Public hearing on conventional rezoning of the property located at 2198 Story Road.

 

            Recommendation:  PUBLIC HEARING ON CONVENTIONAL REZONING of the property located at the southwest corner of Story Road and Adrian Way (2198 Story Road), from CO Office Commercial Zoning District to CP Pedestrian Commercial Zoning District, to allow commercial uses on a 0.533 gross acre site.  (Javier and Beatriz Martinez, 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 03-058 - District 5

 

 

·                   Open Forum

 

·                   Adjournment

 

 

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