SAN JOSE CITY COUNCIL

AMENDED AGENDA

AUGUST 19, 2003

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

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

·                   Call to Order and Roll Call

            9:30 a.m.  -   Closed Session, Room 600, City Hall

                                    See Separate Agenda

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

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

                                 General Plan Hearings, Council Chambers, City Hall

·                   Invocation (District 7)

·                   Pledge of Allegiance

·                   Orders of the Day

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

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

*          THERE WILL BE A JOINT COUNCIL/REDEVELOPMENT/SAN JOSÉ FINANCING AUTHORITY MEETING FOLLOWING THE AFTERNOON COUNCIL SESSION.

            THERE WILL BE A JOINT COUNCIL/SAN JOSÉ FINANCING AUTHORITY MEETING FOLLOWING THE AFTERNOON COUNCIL SESSION.

            SEE SEPARATE GENERAL PLAN AGENDA FOR GENERAL PLAN HEARINGS HEARD IN THE EVENING.

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

*          See New Item 1.3, Presentation of a commendation to Tony Ninh.  TO BE HEARD IN THE EVENING

*          See New Item 1.4, Presentation of a commendation to The Vietnamese and American Youth Soccer Federation.  TO BE HEARD IN THE EVENING

1     CEREMONIAL ITEMS

1.1       Presentation of commendations to the Vietnamese organizations of San José for helping organize, participation in, and supporting the CommUnity Resource Fair 2003 to educate our Vietnamese community about al the services available from the City of San José and County of Santa Clara.  (Cortese, Gregory, Reed, Williams)

1.2       Presentation of plaques to Colette Krinock for 1 year service on the Disablity Advisory Commission; and to Gilbert Garcia for 2 years service on the Senior Citizens Commission.  (Mayor)

1.3       Presentation of a commendation to Tony Ninh who has been instrumental in volunteering his free time to organize the Vietnamese and American Youth Soccer Federation.  (Dando)

*          (Orders of the Day)

            TO BE HEARD IN THE EVENING

1.4       Presentation of a commendation to The Vietnamese and American Youth Soccer Federation for supporting the importance of sports in the lives of youths.  (Dando)

*          (Orders of the Day)

            TO BE HEARD IN THE EVENING

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 December 17, 2002

            (b)        Joint Council/Redevelopment Agency Board meeting of December 17, 2002

            (c)        General Plan hearing of December 17, 2002

            (d)        Regular meeting of January 14, 2003

            (e)        Joint Council/Redevelopment Agency Board meeting of January 14, 2003

            (f)         Regular meeting of January 21, 2003

            (g)        Joint Council/Redevelopment Agency Board meeting of January 21, 2003

            (h)        Joint Council/Redevelopment Agency Board/Santa Clara Valley Water District Board meeting of January 21, 2003

            (i)         Regular meeting of January 28, 2003

              (j)         Joint City Council/Redevelopment Agency Board meeting of January 28, 2003

2.2              Final adoption of ordinances.

2.3              Acceptance of findings reports from the Office of the City Auditor.

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

2.4              Approval of a sole source purchase of ten pumps for the Water Pollution Control Plant.

            Recommendation:  Approval of award for a sole source purchase of ten Wemco pumps to MuniQuip, Inc., (Roseville, CA) for a total cost of $146,851.95 including tax and delivery, and authorization for the Director of General Services to execute the purchase order.  CEQA: Not a project  (General Services)
TPAC Memo

2.5              Approval of various actions related to the 20 Percent Open Space Funding Program.

            Recommendation:  

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the Santa Clara County Open Space Authority (OSA) and to submit all necessary documents to effectuate funding actions connected to the 20 Percent Open Space Funding Program:

                        (1)        To reimburse OSA for the City contribution of $400,000 toward the Furtado Property Acquisition by OSA.

                        (2)        To fund the partial acquisition of land in Reach 1 adjacent to Penitencia Creek Road and associated survey work to determine the trail alignment in Reach 1 and part of Reach 2 of the Penitencia Creek Trail along with preparation of the master plan documents and environmental review and clearance in an amount not to exceed $400,000.

            (b)        Adoption of the following appropriation ordinance and funding source resolution amendments in the Council District 4 Construction and Conveyance Tax Fund:

                        (1)        Establish the appropriation to the Parks, Recreation and Neighborhood Services Department for the Penitencia Creek Reach 1 & 2 Trail Master Plan Project for $200,000.

                        (2)        Increase the Earned Revenues estimate by $200,000.

            CEQA:  Furtado Property Acquisition by OSA – Exempt, PP03-06-215; Penitencia Creek Grant Funding – Exempt, PP03-06-216.  Council District 4.  (Parks, Recreation and Neighborhood Services/City Manager’s Office)

2.6              Approval of various actions related to the annexation of Sunol No. 66.

            Recommendation:  Adoption of a resolution initiating proceedings and setting
September 16, 2003 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Sunol No. 66, which involves the annexation to the City of San José of 0.34 acre of land, located on the east side of Meridian Way approximately 300 feet northerly of Pedro Street and generally bounded by the City of San José Annexations Sunol No. 49 and Sunol No. 21, and the detachment of the same from Sunol Sanitary, County Lighting Service, Central Fire Protection, and the County Library Service Area.  CEQA:  San José 2020 General Plan Environmental Impact Report, Resolution No. 65459.  Council District 6.  (Planning, Building and Code Enforcement)

2.7              Approval of various actions related to a Historic Landmark initiation.

            Recommendation:  Adoption of a resolution to:

            (a)        Initiate proceedings to consider the Moody Flats Apartment Building, (311 N. Second St.) a landmark of special historic, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.

            (b)        Set a public hearing on September 30, 2003 at 1:30 p.m.

            (c)        Refer the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report, and recommendation.

            CEQA:  Exempt, PP03-07-248.  Council District 3.  SNI:  13^th Street.  (Planning, Building and Code Enforcement)
*HL 03-148

2.8              Approval of various actions related to projects with the California Highway Patrol.

            Recommendation:  Adoption of a resolution to:

            (a)        Acknowledge that increasing traffic law enforcement is an important element in improving public safety and to support the California Highway Patrol (CHP) in their efforts to conduct a Driving Under the Influence (DUI) traffic safety project with the use of State Office of Traffic Safety (OTS) grant funds, and

            (b)        Authorize the City Manager to approve the related OTS grant sub-contractor’s agreement with the CHP to allow the San José Police Department to participate in the DUI traffic safety project entitled “Removing Impaired Drivers Project.”

            CEQA:  Not a project.  (Police)

2.9              Approval of agreements related to the Coyote-Alamitos Canal Trail.

            Recommendation:  

            (a)        Approval of a first amendment to the agreement for consultant services with Nolte Associates Inc. for the Coyote-Alamitos Canal Trail Survey, extending the term from December 31, 2003 to October 31, 2004, and decreasing the total compensation by $30,319 from $157,202, for a total agreement amount of $126,883.

            (b)        Approval of a first amendment to the agreement for consultant services with Amphion Environmental Inc. for the Coyote-Alamitos Canal Trail Feasibility Study, extending the term from December 31, 2003 to October 31, 2004, and increasing the total compensation by $30,319 from $224,495, for a total agreement amount of $254,814.

            CEQA:  Not a project.  Council Districts 2 and 10.  (Public Works)

2.10     Approval of City Auditor Gerald Silva’s travel calendar through December 31, 2003.

*            Recommendation:  Approval of City Auditor Gerald Silva’s travel calendar through December 31, 2003, at no cost to the City.  Funding:  AICPA.  (City Auditor)

            (Rules Committee referral 8/13/03)

2.11     Approval to declare property as surplus and to set a date for opening of bids and a verbal auction.

*            Recommendation:  Adoption of a resolution: (1) declaring thirteen (13) parcels of City-owned property located in Council Districts 3, 4, 5, 6, 9, and 10, respectively, surplus to the needs of the City; and (2) setting the time and date for the opening of sealed bids and a verbal auction of the thirteen properties on October 20, 2003 at 7:00 p.m.  Council Districts 3, 4, 5, 6, 9, and 10.  CEQA:  Exempt, PP00-02-023.  (General Services) 

            (Deferred from 8/12/03 – Item 2.8)

*          RECOMMEND DEFERRAL TO 8/26/03 

3     STRATEGIC SUPPORT SERVICES

3.1              Report of the Study Session

            Mayor Gonzales, Chair

3.2              Report of the Rules Committee

            Vice Mayor Dando, Chair

*3.2       Report of the Rules in Lieu Committee – August 6, 2003

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)        Review August 19, 2003 Draft Agenda

                        (2)        Add New Items to August 12, 2003 Agenda

                        (3)        Staff Reports Outstanding

                        (4)        Review August 19, 2003 General Plan Agenda

            (c)        Legislative Update

                        (1)        State

                        (2)        Federal

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Boards, Commissions and Committees

            (g)        Council Referrals for Assignment to Administration or Council Appointee

            (h)        Administrative Reviews and Approval

            (i)         Oral communications

            (j)         Adjournment

           * (f)         Boards, Commissions and Committees

                        (1)        Suggestion Award Commission

*3.2       Report of the Rules Committee – August 13, 2003

            Vice Mayor Dando, Chair

            (f)         Boards, Commissions and Committees

                        (1)        Suggestion Award Commission

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4              Report on the Hayes Conference Center.

*            Recommendation:  Report on analysis of the cost for the City to take over management of the Hayes Conference Center, including any additional management options that would achieve fiscal stability, including financial actuals showing the fiscal condition of the facility with projection.  CEQA:  Not a project.  (City Manager’s Office/Finance/Economic Development)

            (Council referral 6/24/03 – Item 3.5)

3.5              Campaign Finance Review and Ethics Board Interviews.

            Recommendation:  Interview applicants to the Campaign Finance Review and Ethics Board for two four-year terms ending March 1, 2007.  (City Clerk)

            (Continued from 5/27/03 – Item 3.4 and 8/12/03 – Item 3.4)

*          RECOMMEND DEFERRAL TO CONDUCT INTERVIEWS ON 9/2/03 AND 9/9/03, TO BE HEARD LAST IN THE AFTERNOON

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee

            Council Member Chavez, Chair

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

4.3              Discussion of and approval of an ordinance related to the Sign Code.

            Recommendation:  Discussion of and approval of an ordinance amending Title 23, the Sign Code, of the San José Municipal Code as it pertains to signage on residential parcels in all residential, agriculture, and open space zoning districts.  CEQA:  Exempt, PP02-09-260.  (Planning, Building and Code Enforcement)

            [Driving a Strong Economy Committee referral 4/28/03 – Item 4.2(a)]

            (Deferred from 5/13/03 – Item 4.4 and 5/20/03 – Item 4.6)

            DROP

4.4       Approval of guidelines as detailed in “Your Old House:  Guide for Preserving San José Homes.”

*            Recommendation:  Approval of guidelines as detailed in “Your Old House:  Guide for Preserving San José Homes.”  CEQA:  Exempt, PP03-07-245.  (Planning, Building and Code Enforcement/Redevelopment Agency/Housing)

            (Rules Committee referral 8/13/03)

            TO BE HEARD IN THE EVENING

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

5.2              Approval of the Floyd and Locust Streets Park Master Plan.

            Recommendation:  Approval of the Floyd and Locust Streets Park Master Plan and direction to staff to complete preparation of construction documents.  CEQA:  Exempt, PP03-05-186.  Council District 3.  SNI:  Washington.  (Parks, Recreation and Neighborhood Services)

5.3              Approval of the Almaden Community Center, Branch Library, and Parma Park Master Plan. 

            Recommendation:  Approval of the Almaden Community Center, Branch Library, and Parma Park Master Plan.  CEQA:  Mitigated Negative Declaration, PP02-10-309.  Council District 10.  (Parks, Recreation and Neighborhood Services/Library)

5.4              Naming of City-owned facility.

            Recommendation:  Recommendation of the Parks and Recreation Commission to name the new City-owned youth center located at 137 North White Road the “Alum Rock Youth Center.”  Council District 5.  CEQA:  Not a Project.  (Parks and Recreation Commission/City Clerk)

            TO BE HEARD IN THE EVENING

6     TRANSPORTATION SERVICES

*6.1       Report of the Building Better Transportation Committee – August 4, 2003

            Council Member Cortese, Chair

            (a)        Expansion and Improvement of Transit and Transportation Systems

            (b)        Traffic Relief/Safe Streets

                        (1)        Report on Construction Impact Mitigation Plan Outreach

            (c)        Supporting Smart Growth

                        (1)        Presentation and Recommendation on Transportation Level of Service Policy

            (d)        Regional Relationships/Funding/Policy

                        (1)        State, Federal, and Local Legislative Update

            (e)        Oral petitions

            (f)         Adjournment

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Public Hearing and approval of an ordinance modifying Storm Water Runoff Management and Post-Construction Storm Water Quality Control provisions in the San José Municipal Code.

            Recommendation:  PUBLIC HEARING on approval of an ordinance amending Title 20 of the San José Municipal Code to modify and add provisions related to Storm Water Runoff Management and Post-Construction Storm Water Quality Control.  CEQA:  Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-224.  (Planning, Building, and Code Enforcement)

            RECOMMEND CONTINUANCE TO 9/23/03

7.2              Public Hearing on proposed revisions to the City Council Policy on Post-Construction Urban Runoff Management.

            Recommendation:  PUBLIC HEARING on proposed revisions to the City Council Policy on Post-Construction Urban Runoff Management in order to:

            (1)            Maintain consistency with the requirements of the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System (NPDES MS4 Permit) issued to the City of San José and the other co-permittees that constitute the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP); and

            (2)            Establish a waiver program that will allow project proponents to request a waiver from the requirement to install treatment Best Management Practices (BMPS) for a given project, upon an appropriate showing of impracticability, and with provision to treat an equivalent pollutant loading or quantity of stormwater runoff, or provide other equivalent water quality benefit.  CEQA:  Addendum to San José 2020 General Plan Environmental Impact Report Resolution No. 65459, PP03-07-225.

            (Planning, Building, and Code Enforcement)

            RECOMMEND CONTINUANCE TO 9/23/03

7.3       Approval of various actions related to recycled water.

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

(a)        Include industrial and dual plumb uses of recycled water (including cooling towers) in the previously authorized South Bay Water Recycling (SBWR) mid size group bid retrofit program, so long as the amount of each retrofit does not exceed $2,000 per acre-foot of estimated annual water usage, and a total of $200,000 per site; and, 

            (b)        Negotiate and execute agreements with property owners to allow the retrofit construction to be done at City and Tributary Agency expense, provided that the property owner(s) agrees to assume full responsibility for operation and maintenance of improvements once constructed, and to continue to use recycled water for a period of at least five (5) years.

            CEQA:  Resolution No. 64667, PP03-05-150.  (Environmental Services)

            (Deferred from 8/12/03 – Item 7.3)
TPAC Memo

8     AVIATION SERVICES

9     PUBLIC SAFETY SERVICES

10     JOINT COUNCIL/REDEVELOPMENT AGENCY

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

10.1          Acceptance of the Diridon/Arena Strategic Development Plan.

            Recommendation:  Review and acceptance of the proposed Diridon/Arena Strategic Development Plan and direction to staff for implementing actions.  (Redevelopment Agency/City Manager's Office) Development Plan.

            TO BE HEARD IN THE EVENING

            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:

            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:

·                   Open Forum—To be heard jointly with Redevelopment Agency Public Discussion.  Following Open Forum, Council will convene a joint meeting with the San José Financing Authority and then 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 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)
*RECOMMEND CONTINUANCE TO 9/30/03

11.2          Public Hearing on appeal of the Planning Commission’s decision to deny a Conditional Use Permit and ABC Exception.

            Recommendation:  PUBLIC HEARING ON APPEAL of the Planning Commission’s decision to deny a Conditional Use Permit and ABC Exception for a project located on the east side of North Capitol Avenue, approximately 1,200 feet northerly of McKee Road, on a 8.39 gross acre site in the CG Commercial Zoning District.  The proposed project is the off-sale of alcohol at an existing Target Retail Store.  (Target Corporation, Owner/Developer).  CEQA:  Exempt.  Director of Planning, Building and Code Enforcement recommends overturning the decision of the Planning Commission to deny.

            CP 03-002 & ABC 03-002 - District 5

            (Continued from 6/17/03 – Item 11.2)

11.3          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)
*RECOMMEND CONTINUANCE TO 9/2/03

11.4          Public Hearing on street naming of a private street “Thomas Foon Chew Way.”

            PUBLIC HEARING ON STREET NAMING of a private street “Thomas Foon Chew Way” at the northeast corner of Zanker Road and Highway 237.  (CalPine Corporation, Owner/Developer).  CEQA:  Exempt.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            ST 03-003 - District 4

            (Continued from 8/5/03 – Item 11.1)

11.5          Public Hearing on street naming to allow the naming of a private street “Technology Drive.”

            PUBLIC HEARING ON STREET NAMING for a private street immediately south of Technology Drive between Skyport Drive and Sonora Avenue, to also be named Technology Drive (1550 Technology Drive).  (SSR Western Multi-Family Derek Helgeson, Owner; Bayrock Residential Inc. LLC, Stuart Gruendl, Developer).  CEQA:  Exempt.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            ST 03-004 - District 3

            (Continued from 8/5/03 – Item 11.2)

11.6          Public Hearing on a single family house permit at South 6^th and East San Fernando Streets.

            Recommendation:  PUBLIC HEARING ON SINGLE FAMILY HOUSE PERMIT to convert 482 square feet of attic to living space and 1902 square feet of basement into living space in an existing single family residence on a 0.14 gross acre site, located at the east side of South 6^th Street, approximately 120 feet north of East San Fernando Street (80 S. 6^th Street).  (Marvin Williams, Owner).  SNI:  13^th Street.  CEQA:  Exempt.

            SF 03-007 - District 3
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).

11.7          Public Hearing on planned development rezoning of the property located at 890 South Winchester Boulevard.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of South Winchester Boulevard and Neal Avenue (890 S. Winchester Blvd.), from CN Neighborhood Commercial District to A(PD) Planned Development Zoning District, to allow single-family attached residential uses (21 townhomes) on a 1.1 gross acre site.  (Delta I LLC, Owner/Developer).  CEQA:  Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 02-071- District 6

            (Continued from 1/21/03 – Item 11.2 et al., and 8/5/03 – Item 11.3)

            DROP

11.8          Public Hearing on modification to the North San José Area Development Policy boundary.

  *        Recommendation:  PUBLIC HEARING on modification to the North San José Area Development Policy boundary to exclude an area bounded by the Union Pacific Railroad tracks, Interstate 880, the Norman Y. Mineta San José International Airport, and the common boundary between San José and Santa Clara.  CEQA:  Use of San José 2020 General Plan EIR.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (4-1-2).  (Planning, Building, and Code Enforcement)

            District 3, CEQA:  Resolution No. 65459 and Addendum thereto, File No. PP 03-07-237.

11.9          Public Hearing on planned development rezoning of the property located at 1115 Coleman Avenue.

*            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING - Master Plan of the property located at the west side of Coleman Avenue between Newhall Street and Brokaw Road (1115 Coleman Ave.), to allow development of up to 3 million square feet of Office R & D development or alternative industrial/commercial development with equivalent traffic generation, on the 91.92 gross acre FMC/Mozart site.  (FMC Corp. and Arcadia Development, Developer/Owner).  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (4-1-2). CEQA:  Resolution to be adopted.

            PDC 98-104 - District 3

11.10      Public Hearing on planned development rezoning of the property located at 1433 N. 1^st Street.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of North 1^st Street and Gish Road (1433 N. 1^st Street), from R-2 Residential District to A(PD) Planned Development Zoning District, to allow up to 26 multi-family attached residences on a 0.67 gross acre site.  (Bellagio Garden, LLC, Jerry C. Chen, Owner).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

            PDC 01-103 - District 3

11.11      Public Hearing on conforming conventional prezoning of the property located at 3100 Garden Avenue.

*            Recommendation:  PUBLIC HEARING ON CONFORMING CONVENTIONAL PREZONING of the property located at the southeast corner of Garden Avenue and Southside Drive (3100 Garden Ave.), from County to R-1-8 Residence District, to allow residential uses on a 0.256 gross acre site.  (Doan Khanh & Tran Thao, Owner).  CEQA:  Use of Master EIR.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 02-108 - District 7, CEQA:  Resolution No. 65459, C02-108

11.12      Public Hearing on planned development rezoning of the property located at 2440 Trade Zone Boulevard.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southside of Trade Zone Boulevard, approximately 840 feet westerly of North Capitol Avenue (2440 Trade Zone Boulevard), from IP Industrial Park District to A(PD) Planned Development Zoning District, to allow up to 18 single-family detached residences on a 1.84 gross acre site.  (Moghaddam Reza aka Ray Mogadam, Owner).  CEQA:  Mitigated Negative Declaration.

            PDC 03-025 - District 4

            RECOMMEND CONTINUANCE TO 9/2/03

11.13      Public Hearing on conforming prezoning of the property located at 172 N. Bascom Avenue.

            Recommendation:  PUBLIC HEARING ON CONFORMING PREZONING of the property located on the east side of North Bascom Avenue, approximately 160 feet southerly of Forest Avenue (172 N. Bascom Ave.), from County of Santa Clara to CP Commercial Pedestrian Zoning District, for commercial uses on a 0.11 gross acre site.  (Nguyut T. Nakamoto, Owner).  SNI:  Burbank/Del Monte.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).

            C 03-051 - District 6

11.14      Public Hearing on planned development rezoning of the property located at 1303 Lick Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Lick Avenue and West Alma Avenue (1303 Lick Ave.), from LI Light Industrial Zoning District to A(PD) Planned Development Zoning District, to allow up to 260 multi-family attached residential uses on a 3.18 gross acre site.  (Duad Properties and Sal Lobue Trust, Owner; Barry Swenson Builder Marianne Bacigalupi, Developer).  CEQA:  Mitigated Negative Declaration.  SNI:  Washington.

            PDC 02-072 - District 3

            RECOMMEND CONTINUANCE TO 9/16/03

11.15      Public Hearing on conforming planned development rezoning of the property located at Gold Street and the Guadalupe River.

            Recommendation:  PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the westerly side of Gold Street, approximately 150 feet southerly of the Guadalupe River, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow 32,022 square feet of Research and Development uses on a 2.248 gross acre site.  (Makai Graphics, Owner; Mr. Tom Jodry, Developer). 

            PDC 03-007 - District 4

            DROP

11.16      Public Hearing on conforming rezoning of the property located at 1401 W. San Carlos Street.

            Recommendation:  PUBLIC HEARING ON CONFORMING REZONING of the property located at the northwest corner of Meridian Avenue and West San Carlos Street (1401 W. San Carlos Street), from LI Light Industrial Zoning District to CP Pedestrian Commercial Zoning District, to allow commercial use on a 0.39 gross acre site.  (Susan Camarlinghi et al., Owner/Developer).  SNI:  Burbank/Del Monte.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 03-052 - District 6

11.17      Public Hearing on conforming conventional rezoning of the property located at 5425 Camden Avenue.

            Recommendation:  PUBLIC HEARING ON CONFORMING CONVENTIONAL REZONING of the property located at the west side of Camden Avenue at the westerly terminus of Kooser Road (5425 Camden Ave.), from CP Pedestrian Commercial Zoning District to CN Neighborhood Commercial Zoning District, to allow commercial uses on a 3.1 gross acre site.  (Mirassou Aldine F. and Rodolphe A. Trustee, Mirassou Clovis T. and Ann R. Trustee et al., David Bider, Owner).  SNI:  None.  CEQA:  Exempt.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 02-092 - District 9

·                   Open Forum

·                   Adjournment

CITY OF SAN JOSÉ

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD/FINANCING AUTHORITY

AGENDA

1.         Call to Order

2.         Approval of actions related to the sale and issuance of bonds.

                        Recommendation:  

                        (a)        Adoption of a resolution by the Authority Board:

                                    (1)        Authorizing the issuance of City of San José Financing Authority Lease Revenue Bonds, Series 2003A (Central Service Yard Refunding Project) (the “Refunding Bonds”), in an aggregate principal amount not to exceed $23,000,000, in connection with the refinancing of certain public capital improvements of the City of San José; and

                                    (2)        Authorizing and directing execution of a Trust Agreement and certain financing documents; approving an Official Statement; authorizing the competitive sale of the Refunding Bonds and authorizing related actions with respect to the issuance and sale of the Refunding Bonds, including authorizing the Treasurer to award the Refunding Bonds to the lowest responsive bidder in accordance with the Notice Inviting Bids.

                        (b)        Adoption of a resolution by the City Council:

                                    (1)        Approving, authorizing, and directing execution of certain financing documents and directing certain related actions in connection with the refinancing of certain public capital improvements of the City of San José.

                        CEQA:  Not a project.  (Finance)

3.         Approval of bond purchase agreements.

            Recommendation:  Adoption of a resolution by the City of San José Financing Authority approving in substantially final form, the Bond Purchase Agreements with the Agency and JP Morgan Securities Inc., for the Series A Bonds and with the Agency and Bank of America Securities LLC for the Series B Bonds and authorizing the Authority's officers, agents, and employees to take such actions and execute such documents necessary and desirable to accomplish issuance of the Bonds.  (Redevelopment Agency)

            (Deferred from 8/12/03 – Item 2)

            TO BE HEARD WITH REDEVELOPMENT AGENCY ITEM 7.1

4.         Adjournment