SAN JOSE CITY COUNCIL

 

AMENDED AGENDA

 

NOVEMBER 4, 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

 

·                   Invocation (District 10) - Pioneer High School choirs

·                   Pledge of Allegiance

·                   Orders of the Day

 

 

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

 

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

*          See New Item 2.11, Approval of the Zone I Fire Protection Agreement with the Santa Clara County Central Fire Protection District.

 

*          See New Item 2.13, Approval of an agreement related to Los Lagos Golf Course.

 

1     CEREMONIAL ITEMS


 

1.1            Presentation of a proclamation declaring the week of November 16-22, 2003 as Hunger and Homelessness Awareness Week in the City of San José.  (Housing)

  

*1.2       Presentation of a commendation to Don Johnson for his dedicated service to the community through providing outstanding junior tennis programs and teaching life skills to the youth of the City of San José.  (Williams)

            (Rules Committee referral 10/29/03)

 

*1.3       Presentation of a commendation to Siebel Open/Silicon Valley Sports & Entertainment for its continuing generous contributions to the City of San José through community service, charitable giving, and sponsorship of junior tennis programs for our community’s youth.  (Williams)

            (Rules Committee referral 10/29/03)

 

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 May 27, 2003

            (b)        Regular meeting of June 3, 2003

            (c)        San José Parking Authority meeting of June 3, 2003

            (d)        Adjourned regular meeting of June 9, 2003

            (e)        Regular meeting of June 10, 2003

 

2.2              Final adoption of ordinances.

 

*          Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 27000 – Amends Title 25 of the San José Municipal Code by adding a new Chapter 25.03 to amend and restate the curfew hours and aircraft restrictions provisions of the Norman Y. Mineta San José International Airport Noise Control Program.
DROP –
Adopted 10/21/03

 

            (b)        ORD. NO. 27002 – Prezones certain real property situated on the east side of Wabash Avenue, approximately 80 feet northerly of Olive Street (105 Wabash Avenue) to R-1-8 Residence Zoning District.  C 03-065

 

            (c)        ORD. NO. 27003 – Rezones certain real property situated on the northwestern corner of East Capitol Expressway and McLaughlin Avenue to CN Commercial Neighborhood Zoning District.  C 03-074

 

            (d)        ORD. NO. 27004 – Rezones certain real property situated on the south side of Taylor Street, approximately 70 feet westerly of Myrtle Street to CO Commercial Office Zoning District.  C 03-077

 

            (e)        ORD. NO. 27005 - Rezones certain real property situated on the west side of Senter Road, approximately 100 feet northwesterly of Pocatello Drive to CN Neighborhood Commercial Zoning District.  C 03-067

 

            (f)         ORD. NO. 27006 - Prezones certain real property situated on the east side of Ruby Avenue, 250 feet northerly of Murillo Avenue to A(PD) Planned Development Zoning District.  PDC 02-047

               (g)   ORD. NO. 27007 – Amends Section 4.20.080 of Chapter 4.20 of Title 4 of the San José Municipal Code to allow for the private sale of City property for economic development.

2.3              Approval to create, change, and delete various job classifications.

 

            Recommendation:  Adoption of a resolution to:

            (a)        Create the following job classifications:

                        (1)            Investigator Collector II (1273).

                        (2)            Animal Shelter Veterinarian (3255).

                        (3)            Events Coordinator I (6330) and (6340) PT.

                        (4)            Section Manager, CAE (1641).

            (b)        Change the job classification titles of:

                        (1)            Investigator Collector (1272) to Investigator Collector I (1272).

                        (2)            Arts Program Officer (6313) to Sr. Arts Programs Coordinator (6313).

                        (3)            Events Coordinator (6332) and (6333) PT to Events Coordinator II (6332) and (6333) PT.

(4)            Management Intern U (1626) to Management Fellow U (1626).

            (c)        Change salary ranges for the classifications of:

                        (1)            Investigator Collector (1272).

                        (2)            Sr. Investigator Collector (1274).

                        (3)            Sr. Events Coordinator (6336).

                        (4)            Events Coordinator (6332) and (6333) PT.

                        (5)            Arts Programs Coordinator (6311).

                        (6)            Operations Manager (3776).

            (d)        Delete various job classifications:

                        (1)            Associate Building Project Specialist (3847).

                        (2)            Associate Electrical Engineer (3823).

                        (3)            Associate Sanitary Engineer (5237.

                        (4)            Deputy Director (1644).

                        (5)            Deputy Director Public Works (3863).

                        (6)            Librarian I Specialist (7231).

                        (7)            Librarian II Specialist (7233).

                        (8)            Plan Check Engineer (3952).

                        (9)            Planning Intern PT (4117).

                        (10)            Research Attorney SII (2117).

                        (11)            Senior Electrical Engineer (3824).

                        (12)            Senior Sanitary Engineer (5233).

                        (13)            Chief of Operations & Maintenance (6339).

                        (14)            Library Assistant Specialist (7221).

                        (15)            Downtown Promotion & Events Officer (6315).

                        (16)            Downtown Promotion & Events Director (6314).

                        (17)            Arts Program Director (6312).

                        (18)            Event & Technical Services Supervisor (6341).

            CEQA:  Not a Project.  (Employee Services)

 

2.4              Approval to accept a donation from the Friends of Willow Glen for collection enhancements.

 

            Recommendation:  Adoption of a resolution accepting a donation from the Friends of Willow Glen for collection enhancement in the amount of $5,700.  CEQA:  Not a Project.  (Library)

 

2.5              Approval of actions related to the annexation of McKee No. 120.

 

            Recommendation:  Adoption of a resolution initiating proceedings and setting
November 18, 2003 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as McKee No. 120 which involves the annexation to the City of San José of 5.37 acres of land, more or less, consisting of three parcels totaling approximately 4.80 acres and a portion of Hyland Avenue totaling approximately 0.57 acre, located at Hyland Avenue between Marian Lane and Maro Drive, and adjacent to the City of San José annexation McKee No. 91, and the detachment of the same from 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)

 

2.6              Approval of actions related to the annexation of Winchester No. 39.

 

            Recommendation:  Adoption of a resolution initiating proceedings and setting
November 18, 2003 at 1:30 p.m. as the date for Council consideration of 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:  Exempt, Winchester No. 39.  Council District 1.  (Planning, Building and Code Enforcement)

 

2.7              Approval to award a contract for the Doerr Park Youth Lot Renovation Project.

 

            Recommendation:  Report on bids and award of contract for the Doerr Park Youth Lot Renovation Project to the low bidder, Robert A. Bothman, Inc., in the amount of $136,937, and approval of a contingency in the amount of $7,000.  CEQA:  Exempt, PP03-05-078.  Council District 9.  (Public Works/Parks, Recreation and Neighborhood Services)

 

2.8              Approval of special streetlighting design standards for the Communications Hill Planned Community.

 

            Recommendation:  Adoption of a resolution amending Resolution No. 63396 adopted on December 10, 1991, which sets streetlighting standards for new development, to provide for special streetlighting design standards for the Communications Hill Planned Community.  CEQA:  Resolution Nos. 63624 and 70194, PP03-09-306.  Council District 7.  (Public Works)

 

2.9       Approval of a contract for the Edenvale Garden Park Perimeter Fencing Project.

 

*            Recommendation:  Report on bids and award of contract for the Edenvale Garden Park Perimeter Fencing Project to the lowest responsive bidder, Central Fence Co., to include the base bid and Add Alternate No. 1 in the amount of $119,500, and approval of a contingency in the amount of $6,000.  CEQA:  Negative Declaration, PP90-03-078.  Council District 2.  (Public Works)

            (Deferred from 10/28/03 – Item 2.9)

 

2.10     Approval of agreements related to the donation of frontage within Towers Lane.

 

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

            (a)        Eleven agreements with the owners of real property on Towers Lane for the donation of frontage within Towers Lane.

            (b)        A Joint Use Agreement with Pacific Gas and Electric to relocate all utilities and poles into the newly created right of way within Towers Lane.

            CEQA:  Exempt, PP02-03-046.  Council District:  7.  SNI:  W. Evergreen.  (Public Works)

            (Rules Committee referral 10/29/03)

 

 

2.11     Approval of the Zone I Fire Protection Agreement with the Santa Clara County Central Fire Protection District.

 

*            Recommendation:  Approval of the eleventh amendment to the Zone I Fire Protection Agreement with the Santa Clara County Central Fire Protection District (Central Fire), extending the term of the agreement until June 30, 2004, at no cost to the City over the revenue received under the agreement.  CEQA:  Not a Project.  (Fire)

            (Order of the Day)

 

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

 

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

            (Rules Committee referral 10/29/03)
*          RECOMMEND DEFERRAL TO 11/18/03

 

2.13     Approval of an agreement related to Los Lagos Golf Course.

 

*          Recommendation:  Approval of the first amendment to the Operations and Maintenance Agreement between the City of San José and Los Lagos Golf Course, LLC to provide a mechanism for the golf course operator to manage immediate delivery of a netting project for the course at no additional cost or extended time to the term of the agreement.  CEQA:  Resolution No. 69623, PP03-10-312.  Council District 7.  (Parks, Recreation and Neighborhood Services)

            (Orders of the Day)

 

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

            (a)        May 14, 2003 - Proposed 2003-2004 Operating Budget

            (b)        May 15, 2003 - Proposed 2003-2004 Operating Budget

            (c)            May 16, 2003 - Proposed 2003-2004 Operating Budget

              (d)   May 12, 2003 – Proposed 2003 – 2004 Operating Budget

3.2              Report of the Rules Committee – October 22, 2003
Partial Report

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review November 4, 2003 Draft Agenda

                        (2)            Add New Items to October 28, 2003 Amended Agenda

·        Mayor and Council Member Requests

·        City Manager Requests

·        City Attorney Requests

·        City Clerk Requests

                        (3)            List of Reports Outstanding

            (c)            Legislative Update

                        (1)            State

                        (2)            Federal

                                    (a)            Federal Lobbyist Monthly Report

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

           * (g)       Rules Committee Review, Recommendations and Approvals

                        (1)        Proposal for posting high-risk sex offender data on the San José Police Department web-site

                                    SEE ITEM 3.5 FOR COUNCIL ACTION TO BE TAKEN

            (h)        Oral communications

            (i)         Adjournment

 

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

 

3.4       Approval of an agreement for an Owner Controlled Insurance Program at the Airport.

 

*            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Lamberson Koster & Company, a wholly owned subsidiary of Arthur J. Gallagher & Company, dba Gallagher Construction Services, to provide insurance broker services for an Owner Controlled Insurance Program for the Airport Master Plan projects, including security improvements to be constructed at the Norman Y. Mineta San José International Airport for the upcoming three to five year period, in an amount not to exceed $1,575,000, for a period of three years, with two one-year options for extension.  CEQA:  Resolution Nos. 67380 and 71451, PP03-10-317.  (Finance/Airport)

            (Deferred from 10/28/03 – Item 3.4)

 

3.5       Approval and direction to post specified information on high-risk sex offenders residing in San José on the San José Police Department website. 

 

*            Recommendation:  Approval and direction to the Police Department to post specified information on high-risk sex offenders residing in San José on the San José Police Department website.  CEQA:  Not a Project.  (Police)

            [Rules Committee referral 10/29/03 – Item 3.2(g)(1)]

 

 

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT


 

4.1              Report of the Building Strong Neighborhoods Committee – October 20, 2003

            Council Member Chavez, Chair
Summary

            (a)        Community Preservation Ordinance Review

·                    Single-Family Units

·                    Multi-Family Units – 1 year to 3 year comparison

            (b)            Review Policies Related to City Parks and Open Space

            (c)        Discussion of Strategies for Strong Neighborhods Initiative (SNI) and Neighborhod Development Center (NDC) Outreach

            (d)        Review and Input on the proposed Airport Neighborhood Services Group Workplan

            (e)        Oral petititons

            (f)         Adjournment

 

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

 

4.3              Acceptance of the City Manager’s report on Getting Families Back To Work. 

 

*            Recommendation:  

            (a)        Approve the following recommendations for items discussed in Section B of this report:

                        (1)        Accept staff’s proposal on criteria factors and proposed methods for refunding fees when deadlines are missed;

                        (2)        Implement tax relief to encourage investment in San Jose as outlined in staff’s report on the Special Tenant Improvement Program, and approved by Council on October 28, 2003 (see Council Agenda, Item 4.5), and direct staff to return by December 16, 2003 with an assessment of the fiscal impact of a 50% reduction in the Construction Excise Tax for Driving Industries;

                        (3)        Report to Council in 90 days with recommendations to revise the City Employee Suggestion Award Program to one that focuses on both revenue generating and cost saving ideas, including a fiscal impact analysis; and,

                        (4)        Integrate City and redevelopment functions into a “One Voice” structure, including changes in reporting relationships.

            (b)        Approve the following recommendations for items discussed in Section C of this report:

                        (1)        Present to Council for consideration Design Guidelines for the Downtown Core on November 18, 2003;

                        (2)        Accept staff’s list of identified current regulations that may hinder business development or operations and report on progress in March 2004;

                        (3)        Direct the use of multiple-prime contractors as the project delivery method to be used on those projects where it is the most efficient and effective method of delivering a project on time and on budget.  

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

 

 

4.4              Approval of revisions to the form Facility Use Agreement for Convention and Cultural Facilities.

 

            Recommendation:  Adoption of a resolution approving revisions to the form Facility Use Agreement between clients of Convention and Cultural Facilities and the City.  CEQA:  Not a Project.  Council District 3.  (Conventions, Arts and Entertainment)

 

4.5              Public Hearing and adoption of a resolution approving the vacation of a cul-de-sac at Crucero Drive.

 

            Recommendation:  Public Hearing and adoption of a resolution approving the vacation of a cul-de-sac at Crucero Drive and a public service easement.  CEQA:  Exempt, HA62-062.  Council District 7.  SNI:  Santee.  (Public Works)

 

4.6       Approval of actions related to the Almaden Family Apartments Development.

 

*            Recommendation:  Adoption of a resolution:

            (a)        Authorizing the issuance of tax-exempt multifamily housing revenue bonds designated as "City of San José Multifamily Housing Revenue Bonds (Almaden Family Apartments Project) Series 2003D" in an aggregate principal amount not to exceed $31,300,000 (the "Bonds");

            (b)        Approving in substantially final form the Bonds, Trust Indenture, Financing Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, the Official Statement, Bond Purchase Agreement, Remarketing Agreement, Mortgage Note, LITHC Agreement, Assignment and Inter-creditor Agreement, Subordinate Trust Indenture, Subordinate Loan Agreement and other related documents;

            (c)        Approving a loan of bond proceeds to Almaden Family Housing Partners, L.P., a California limited partnership, for financing the construction of Almaden Family Apartments to be located at 1525-1541 Almaden Road;

            (d)        Authorizing the issuance of subordinate tax-exempt refunding bonds at the time of completion of the Project in an amount not-to-exceed $5 million;

            (e)        Approving in substantially final form the Subordinate Refunding Bonds, Subordinate Trust Indenture, Subordinate Loan Agreement, and the Forward Bond Purchase Agreement; and

            (f)         Authorizing the Director of Finance and Director of Housing to execute and, as appropriate, to negotiate, execute, and deliver these documents and other related documents as necessary.

            CEQA:  Negative Declaration, PDCSH98-089.  Council District 7.  (Finance/ Housing)

            (Deferred from 10/28/03 – Item 4.3)

 

4.7       Approval of actions to establish funding for the preparation of the Evergreen Community Plan, update of the Evergreen Area Development Policy, and related environmental documents.

 

*          Recommendation:  Approval of actions to establish funding for the preparation of the Evergreen Community Plan, update of the Evergreen Area Development Policy, and related environmental documents:

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute a funding agreement with Yerba Buena Opco, Inc. for the work associated with the preparation of the Evergreen Smart Growth Strategy, Evergreen Area Development Policy update, and related environmental documents in an amount of approximately $8.8 million, for a term from November 4, 2003 to June 30, 2005; and delegate the authority of approving minor amendments to the funding agreement to the Director of Planning, Building and Code Enforcement to account for increases in funding received from Yerba Buena Opco, Inc. and minor schedule or task changes that remain consistent with the information contained in and the goals identified in this memorandum, and delegate to the Director the authority to extend the term of the agreement for up to 18 months.

            (b)        Adoption of 2003-2004 Appropriation Ordinance and Funding Sources Resolution Amendments in the General Fund as follows:

                        (1)        Establish a City-Wide expenditure for the Evergreen Smart Growth Strategy in the total amount of $235,590 for November 2003 through June 2004; and

                        (2)        Increase earned revenue from Other Revenue by $235,590.

            (c)        Authorize the creation and filling of a temporary 1.0 FTE Senior Planner position through June 2005 to complete the Evergreen Smart Growth Strategy, update of the Evergreen Area Development Policy, and related environmental documents.

            Council District 8.  SNI Area: KONA and West Evergreen.  CEQA:  Exempt, PP03-10-349.  (Cortese)

            (Rules Committee referral 10/29/03)

 

4.8       Discussion and direction on an ordinance relating to a local preference in the procurement of contracts.

 

*            Recommendation:  Discussion and direction on an ordinance relating to a local preference in the procurement of contracts.  (City Attorney’s Office)

            (Rules Committee referral 10/29/03)

 

4.9       Approval of policy regarding prequalification of contractors on public works projects.

 

*            Recommendation: 

            (a)        Adoption of a resolution implementing a policy and appeal procedures for the prequalification of contractors on public works projects.

            (b)        Direction to the Department of Public Works to return in a year with a status report regarding prequalification and recommendations on whether to continue and/or modify the prequalification policy and appeal procedures.

(City Attorney's Office)

 

 

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

            Council Member Cortese, Chair

 

6.2              Approval of actions related to the City’s Parking Citation Processing and Collection Services.

 

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

            (a)        Execute a one-year agreement with 4 one-year options to renew with Turbo Data Systems for the City's parking citation processing and collection services, with a total first year compensation not to exceed $500,000;

            (b)        Execute change orders in a total amount not to exceed $50,000 to cover any unanticipated increase in the volume of parking citations and related transactions; and

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

            CEQA:  Not a Project.  (General Services/Transportation)

 

6.3              Approval to establish a residential permit parking zone in the Santana Area neighborhood. 

 

            Recommendation:  Approval of an ordinance amending Chapter 11.48 of Title 11 of the San José Municipal Code to establish a residential permit parking zone in the Santana Area neighborhood.  CEQA:  Exempt, PP03-10-327.  Council District 6.  (Transportation)

 

 

7     ENVIRONMENTAL & UTILITY SERVICES


 

 

8     AVIATION SERVICES


 

 

9     PUBLIC SAFETY SERVICES


 

9.1              Approval to award a contract for the Fire Station No. 26 Upgrade Project.

 

*   Recommendation:  Report on bids and award of contract for the Fire Station No. 26 Upgrade Project to the low bidder, D.L. Falk Construction, Inc., for the base bid and Add Alternate No. 1 in the amount of $684,742 and approval of a contingency in the amount of $102,711.  CEQA:  Exempt, PP03-09-305.  Council District 7.  (Public Works)

 

9.2              Approval of actions related to the Westside Community Policing Center.

 

            Recommendation:  Adoption of a resolution:

            (a)        Determining that public use and necessity require the acquisition of fee title to the entire property located at 3075 Driftwood Drive, owned by Isek Wekselman Enterprises Inc.

            (b)        Finding that the property needs to be taken, and is necessary, for the construction and location of the Public Safety Bond funded Westside Community Policing Center.

            (c)        Directing the City Attorney to file an eminent domain action to acquire this real property interest.

            CEQA:  Exempt, PP03-07-244.  Council Districts 1 and 6.  SNI:  Winchester.  (Public Works/Police)

           *DROP

 

10     JOINT COUNCIL/REDEVELOPMENT AGENCY


 

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

 

10.1          Approval of the revised Downtown San José Historic District Design Guidelines.

 

*            Recommendation:  Approval of the revised Downtown San José Historic District Design Guidelines.  CEQA:  Exempt, PP03-01-010.  Council District 3.  (City Manager’s Office/Redevelopment Agency). Historic Landmarks Commission (7-0) and Planning Commission (7-0) recommend approval.

 

10.2     Approval of an ordinance amending certain time limitations with respect to redevelopment plans.

 

*          Recommendation:  Approval of an ordinance amending certain time limitations with respect to redevelopment plans.  (City Attorney’s Office)

            (Rules Committee referral 10/29/03)

 

            ADJOURN REDEVELOPMENT AGENCY BOARD PORTION OF THE MEETING

 

 

·                   Closed Session Report

 

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

 

·                   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 10/21/03 – Item 11.3)
*RECOMMEND CONTINUANCE TO 11/18/03

 

11.2          Public Hearing on street renaming of a segment of Guadalupe Parkway between O’Nel Drive and N. First Street to Charcot Avenue.

 

            Recommendation:  PUBLIC HEARING ON STREET RENAMING for the segment of Guadalupe Parkway between O’Nel Drive and N. First Street to Charcot Avenue.  (City of San José, Applicant).  CEQA:  Exempt.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).

            ST 03-009 - District 4

 

11.3          Public Hearing on planned development rezoning of the property located at 1175 Hillsdale Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Hillsdale Avenue and Almaden Expressway (1175 Hillsdale Avenue), from CO Commercial Office and R-1-8 Residence Zoning Districts to A(PD) Planned Development Zoning District to allow (1) renovation of an existing two-story, 12, 250 square foot classroom building for private instruction and dormitory uses for approximately 75 students at an existing church, (2) replacement of an existing 176 space surface parking lot at the corner of Foxworthy Avenue and Almaden Expressway with a ball field and a 1,200 square foot modular building (no on-site outdoor lighting or PA system), and (3) addition of new landscaped areas and other minor site plan changes on a 10.4 acre site.  (Calvary Chapel of San José, Owner/Developer).  CEQA:  Exempt.  Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

            PDC 03-027 - District 9

            (Continued from 9/16/03 – Item 11.5 and 10/21/03 – Item 11.4)

 

11.4          Public hearing on planned development rezoning of the property located at 250 E. Virginia Street.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of East Virginia Street and South 5th Street (250 E. Virginia Street), from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District to allow up to 170 single-family attached residences with underground parking on a 3.9 gross acre site.  (250 E. Virginia, LLC, Owner).  CEQA:  Mitigated Negative Declaration.  SNI:  Spartan/Keyes.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

            PDC 03-022- District 3

            (Continued from 10/21/03 – Item 11.8)

 

11.5          Public Hearing on planned development rezoning of the property located at 671 S. 11th Street.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of South 11th Street, approximately 140 feet north of Margaret Street (671 S. 11th Street), from R-M Residential District to A(PD) Planned Development Zoning District, to allow demolition of an existing historic single family residence and construction of two single-family attached units on a 0.14 gross acre site.  (Raymond Ruiz, Owner).  CEQA:  Exempt.  SNI:  University.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).

            PDC 00-115 - District 3

 

11.6          Public Hearing on planned development rezoning of the property located at Delmas Avenue between Santa Clara and San Fernando Streets.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at both sides of Delmas Avenue between Santa Clara and San Fernando Streets, from CN Commercial District, LI Light Industrial, and HI Heavy Industrial to A(PD) Planned Development Zoning District, to allow a mixed use project consisting of up to 1,009,100 square feet of office/commercial/retail uses and 325 multi-family attached residences on a 8.93 gross acre site.  (SJW Land Company, Owner; Joe Ernst, Developer).  CEQA:  Resolution to be adopted.  SNI:  Delmas Park.

            PDC 02-046 - District 3

            DROP

 

11.7          Public Hearing on a modification of the Edenvale Area Development Policy.

 

 *           Recommendation:  PUBLIC HEARING on a modification of the Edenvale Area Development Policy to include the proposed future economic development of the underutilized IBM site with up to 222,673 square feet of commercial uses on a 18.75 gross acre site, located at the northeast corner of Poughkeepsie Road and Cottle Road (5600 Cottle Road).  (International Business Machines Corp Ed Bunker, Owner; Lowes Home Improvement Warehouse, Inc., James Manion, Developer).  CEQA:  Resolution No. 69699, 70021, and addenda thereto.

            District 2

 

11.8          Public Hearing on planned development rezoning of the property located at 5600 Cottle Road.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Blossom Hill and Cottle Roads (5600 Cottle Road), from IP-Industrial Park Zoning District to IP (PD) Planned Development District, to allow approximately 222,673 square feet of commercial uses on a 18.75 gross acre site.  The proposed development would be located in the northeast portion of IBM’s/Hitachi’s existing Cottle Road facility.  The site is currently occupied by the vacant IBM/Hitachi Research Building 25 that is eligible for the California Register of Historic Resources.  The proposed project would demolish IBM/Hitachi Research Building 25 and remove 156 ordinance-sized trees from the site.  (Hitachi Global Storage Technology, Owner; Lowes Home Improvement Warehouse Inc., Developer).  CEQA:  Resolution to be adopted.

            PDC 02-086 - District 2

            RECOMMEND CONTINUANCE TO 12/2/03

 

·                   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:

 

Tract

Location

Council District

Developer

Lots/Units

Type

9539

SE/C of South 3rd St. and Margaret St.

3

Green Valley Corporation

74 units

Multi- Family

 

 

·                   Open Forum

 

·                   Adjournment

 

 

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