SAN JOSE CITY COUNCIL

AMENDED AGENDA

FEBRUARY 17, 2004

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

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

·                   Call to Order and Roll Call

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

                                         See Separate Agenda

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

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

·                   Invocation (District 2)

            Fenella Nguyen, Oak Grove High School

·                   Pledge of Allegiance

·                   Orders of the Day

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

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

 *          See New Item 1.2, Presentation of a commendation to the Fontanetti Yankees baseball team.

Adjournment:  This meeting will be adjourned in memory of Ms. Ruth Huddleston, long-time activist in the African-American Community and the mother of Ann Nelson, Assistant Superintendent, Franklin-McKinley School District.

1     CEREMONIAL ITEMS

1.1            Recognition of West Valley Branch Library by the U.S. Green Building Council for achieving Leadership in Energy and Environmental Design Certification (LEED), the City's first project and the nation's first library to be certified.  (LeZotte)

*1.2       Presentation of a commendation to the Fontanetti Yankees baseball team for representing San José at the SuperSeries Winter National Championships in Glendale, Arizona from December 27, 2003 -January 2, 2004.  (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)        Special meeting of August 28, 2003

            (b)        Regular meeting of December 16, 2003

            (c)        Joint Council/Redevelopment Agency Board meeting of December 16, 2003

            (d)        Regular meeting of January 13, 2004

            (e)        Joint Council/Redevelopment Agency Board meeting of January 13, 2004

            (f)         Joint Council/San José Financing Authority meeting of January 13, 2004

2.2              Final adoption of ordinances.

            Recommendation:  Final adoption of ordinances:

            (a)        ORD. NO. 27063 – Rezones certain real property situated at the southwest corner of Tully Road and Highway 101 (1290 Tully Road) to A(PD) Planned Development Zoning District.  PDC 03-040

            (b)        ORD. NO. 27064 – Rezones certain real property situated at the north side of Ringwood Court, approximately 900 feet northerly of McKay Drive, to IP(PD) Planned Development Zoning District.  PDC 03-079

            (c)        ORD. NO. 27065 - Rezones certain real property situated at the southwest corner of Meridian Avenue and Curci Drive to A(PD) Planned Development Zoning District.  PDC 03-084

            (d)        ORD. NO. 27066 - Rezones certain real property situated on both sides of Delmas Avenue between San Fernando Street and Santa Clara Street to A(PD) Planned Development Zoning District.  PDC  02-046

*          (e)        ORD. NO. 27067 – Rezones certain real property situated at the southeast corner of Winchester Boulevard and Neal Avenue to A(PD) Planned Development Zoning District.  PDC 02-071

*           (f)         ORD. NO. 27054 – Rezones certain real property situated at the southwest corner of McKee Road and Jose Figueras Avenue to CN Commercial Neighborhood Zoning District.  C 03-085

2.3              Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through January 15, 2004.

            Recommendation:  Acceptance of the Office of the City Auditor’s monthly Report of Activities and Findings through January 15, 2004.  (City Auditor)

2.4              Approval of fiscal actions for Library grants.

            Recommendation:  Adoption of the following appropriation ordinance and funding source resolutions amendments in the General Fund:

            (a)        Increase the Library Grants appropriation by $82,177.

            (b)        Increase the estimate for Revenue from the State of California by $82,177.

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

2.5              Approval of fiscal actions for the 2003-05 Spending Plan for the Supplemental Law Enforcement Services (SLES) Fund. 

            Recommendation: 

            (a)        Approval of the proposed 2003-05 Spending Plan for the Supplemental Law Enforcement Services (SLES) Fund. 

            (b)        Adoption of the following amendments to the annual appropriation ordinance and the annual funding sources resolution in the Supplemental Law Enforcement Services Fund (Fund 414) for Fiscal Year 2003-04:

                        (1)            Establish a SLES Grant 2003-04 appropriation for the Police Department in the amount of $1,377,911;

                        (2)            Increase the Earned Revenue by $1,377,911. 

            CEQA:  Items included on the 2003-05 Spending Plan are not a project.  (City Manager’s Office/Police)

2.6              Approval of an agreement for the “San José/Santa Clara Water Pollution Control Plant: WPCP Electrical System Improvement Study.”

            Recommendation:  Approval of the first amendment to the agreement with the consulting firm, YEI Engineers Inc., for the “San José/Santa Clara Water Pollution Control Plant: WPCP Electrical Systems Improvement Study,” increasing the total compensation by $77,200, from $314,068 for a total maximum compensation amount not to exceed $391,268, and extending the term of the agreement for nine months, from September 2004 to June 2005.  CEQA:  Not a Project.  (Environmental Services)
Treatment Plant Advisory Committee

2.7              Approval to set a public hearing on the cost of sidewalk repairs. 

            Recommendation:  Adoption of a resolution setting a public hearing on March 30, 2004 at 1:30 p.m. for the approval of the report of the Directors of Finance and Transportation on the cost of sidewalk repairs.  CEQA:  Not a Project.  (Finance/Transportation)

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

            Recommendation: 

            (a)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #13, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)

            (b)        Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2003-2004 #14, and authorization for the Director of General Services to execute the purchase orders.  CEQA:  See memo for CEQA designation(s).  (General Services)
Teatment Plant Advisory Committee

2.9              Approval of actions related to Mayfair Park.

            Recommendation:  Adoption of a resolution granting a Temporary Construction Easement (TCE) to the Santa Clara Valley Water District (SCVWD) over a portion of Mayfair Park for the purpose of widening and improving the existing flood control channel and parkland improvements, and delegating authority to the Director of General Services to execute all documents necessary to complete transfer of the Easements, including 3 permanent easements included for Flood Control over street rights-of-way, which do not impact the park.  CEQA:  Negative Declaration, PP03-09-294.  Council District 5.  SNI:  Mayfair.  (General Services)

2.10          Approval of fiscal actions for Guadalupe Gardens Irrigation and the Guadalupe Gardens Open Turf Play Area Projects.

            Recommendation:  Adoption of the following appropriation ordinance and funding sources resolution amendments in the Parks City-Wide Construction and Conveyance Tax Fund to:

            (a)        Establish the Guadalupe Gardens Irrigation Project for $1,000,000 to the Parks, Recreation and Neighborhood Services Department;

            (b)        Establish the Guadalupe Gardens Open Turf Play Area Project for $308,000 to the Parks, Recreation and Neighborhood Services Department;

            (c)        Increase the Earned Revenue estimate by $190,000; and

            (d)        Decrease the Ending Fund Balance by $1,118,000.

            CEQA:  Mitigated Negative Declaration, PP02-02-033.  (Parks, Recreation and Neighborhood Services/City Manager’s Office)

2.11          Approval of an agreement for Smart Start San José spaces.

            Recommendation:  Adoption of a resolution increasing the prior authorization given to the City Manager to negotiate and execute an agreement with San José Unified School District on behalf of Almaden Elementary School from a prior amount not to exceed $336,000, to a new agreement amount not to exceed $672,000, to expand the number of Smart Start San José spaces.  CEQA:  Exempt; PP03-04-124.  Council District 9.  (Parks, Recreation and Neighborhood Services)

2.12          Approval of various actions related to the annexation of McKee No. 120.

            Recommendation:  Adoption of a resolution initiating proceedings and setting March 2, 2004 at 1:30 p.m. for Council consideration on 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 Central Fire Protection District, Santa Clara County Lighting District, Santa Clara (Library Services) County Service, Area No. 1, County Sanitation District 2-3, and the Library Benefit Assessment County Service Area No. 1.  CEQA:  Mitigated Negative Declaration, PDC01-082.  Council District 5.  (Planning, Building and Code Enforcement)

2.13          Adoption of resolutions ordering the annexations of Burbank No. 36 and Story No. 53.

Recommendation: 

            (a)        Adoption of a resolution ordering the reorganization of territory designated as Burbank No. 36, which involves the annexation to the City of San José of 0.13 acre of land more or less, located on the east side of Wabash Avenue, approximately 80 feet northerly of Olive Street and adjacent to the City of San José annexation Burbank No. 31, and the detachment of the same from Burbank Sanitary, County Lighting Services, Central Fire Protection, Area No.1 (Library Services) County Services.  CEQA: Resolution No. 65459.  Council District 6.  (Planning, Building and Code Enforcement)

            (b)        Adoption of a resolution ordering the reorganization of territory designated as Story No. 53, which involves the annexation to the City of San José of approximately 0.58 acre located at the southwest corner of Palomino Drive and Fleming Avenue which is adjacent to City of San José territory and the detachment of said territory from Central Fire Protection, Area No. 1 (Library Services) County Service and County Sanitation District 2-3.  CEQA:  Resolution No. 65459.  Council District 5.  (Planning, Building and Code Enforcement)

2.14          Approval of an agreement for the Lower Guadalupe River Trail Project.

            Recommendation:  Approval of an agreement with CH2M HILL, Inc. for design services for the Lower Guadalupe River Trail Project, from the date of execution to December 31, 2005, for a base fee in the amount of $335,000, and additional services in the amount of $25,000, for a total agreement amount not to exceed $360,000.  CEQA:  Not a Project.  Council District 4.  (Public Works/Parks, Recreation and Neighborhood Services)

2.15     Approval of travel by Vice Mayor Pat Dando and Council Member Cindy Chavez.

*          Recommendation:  Approval of travel by Vice Mayor Pat Dando and Council Member Cindy Chavez to Washington, D.C., February 10-12, 2004, to attend meetings relative to BART.  Funding:  Mayor’s Office.  (Mayor)

            (Rules Committee referral 2/11/04)

2.16     Approval of two appointments to the Early Care and Education Commission.

*          Recommendation:  Approval of two appointments to the Early Care and Education Commission.  (Mayor)

            (Rules Committee referral 2/11/04)

3     STRATEGIC SUPPORT SERVICES

*3.1       Report of the Study Session

            Mayor Gonzales, Chair

            (a)        Meeting of August 21, 2003 – Getting Families Back to Work

            (b)        Meeting of August 22, 2003 – Getting Families Back to Work

            (c)        Meeting of August 25, 2003 – Getting Families Back to Work

            (d)        Meeting of August 27, 2003 – Getting Families Back to Work

*          (e)        Meeting of January 15, 2004 – City's Budget Projections and Priorities

3.2              Report of the Rules Committee – February 4, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review February 17, 2004 Draft Agenda

                        (2)            Add New Items to February 10, 2004 Amended Agenda

·        Mayor and Council Member Requests

·        City Manager Requests

·        City Attorney Requests

·        City Clerk Requests

                        (3)            List of Reports Outstanding

            (c)            Legislative Update

                        (1)            State

                        (2)            Federal

                        (3)            Approve a support position for Regional Measure 2, The Regional Traffic Relief Plan, on the March 2, 2004 State Primary ballot

            (d)        Meeting Schedules

            (e)        The Public Record

*          (f)         Appointment to Boards, Commissions and Committees

                        (1)        Recommend one Council Member appointment to Project Diversity Screening Committee

                                    SEE ITEM 3.5(a) FOR COUNCIL ACTION TO BE TAKEN

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)            Workload assessment and proposed addition to the February 10, 2004 Council agenda for:  “Evergreen Specific Plan Construction Tax, Building and Structures Tax, and Residential Construction Tax Fee Suspension/Exemption Renewal”

            (h)        Oral communications

            (i)         Adjournment

*          Report of the Rules Committee - Meeting of February 11, 2004

            Vice Mayor Dando, Chair

            (f)         Appointment to Boards, Commissions and Committees

                        (1)        Recommend one Council Member appointment to Project Diversity Screening Committee

                                    SEE ITEM 3.5(a) FOR COUNCIL ACTION TO BE TAKEN

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

3.4              Approval of the 2003-2004 Mid-Year Budget Review Report.

            Recommendation: 

            (a)        Approval of the 2003-2004 Mid-Year Budget Review.

            (b)        Adoption of related appropriation ordinance and funding sources resolution amendments for the 2003-2004 Mid-Year Budget Review.

            (c)        Addition of one net position as detailed in the 2003-2004 Mid-Year Budget Review.

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

            (Deferred from 2/10/04 – Item 3.4)
*RENUMBERED TO 10.1

3.5              Approval of appointments to the Project Diversity Screening Committee.

            Recommendation: 

            (a)        Approval of the four Council Member appointments to Project Diversity Screening Committee.

            (b)        Approval of the four Mayor appointments to Project Diversity Screening Committee.

            (Mayor)

*            [Rules Committee referral 2/4/03 – Item 3.2(f)(1) and 2/11/04 – Item 3.2(f)(1)]

            RECOMMEND DEFERRAL OF 3.5(b) TO 2/24/04

4     ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.1              Report of the Building Strong Neighborhoods Committee – February 5, 2004

            Council Member Chavez, Chair

            (a)        Discussion of Neighborhood Business Districts

            (b)        Strong Neighborhoods Initiative – SNI Business Plan

            (c)        Preliminary discussion on strategy to update Greenprint

            (d)        Trails Update:  Discussion of Current Trails Status and Recommended Trail Development

            (e)        Oral petitions

            (f)         Adjournment
Summary

4.2              Report of the Driving a Strong Economy Committee

            Council Member Williams, Chair

4.3              Public Hearing and actions related to annexing Annexation Area No. 1 into Community Facilities District No. 8(Communications Hill).

*          Recommendation: 

            (a)        Adoption of a resolution declaring the results of the special election and, contingent upon two-thirds qualified voter approval of the levy of special taxes and determining that Annexation Area No. 1 is annexed to Community Facilities District No. 8, directing the City Clerk to record a notice of special tax lien.

            (b)        Adoption of an ordinance, to take effect immediately, levying special taxes within Annexation Area No. 1 of Community Facilities District No. 8.

            CEQA:  Negative Declaration and Addenda thereto, PP03-11-361.  Council District 7.  (Public Works)

5     RECREATION & CULTURAL SERVICES

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

5.2              Approval of the proposed Master Plan update for Ramblewood Park.

            Recommendation:  Approval of the proposed Master Plan update for Ramblewood Park.  CEQA:  A Negative Declaration was adopted by the Franklin McKinley School District on December 9, 2003.  Council District 7.  (Parks, Recreation and Neighborhood Services)

6     TRANSPORTATION SERVICES

6.1              Report of the Building Better Transportation Committee – February 2, 2004

            Council Member Cortese, Chair
Summary

            (a)        Approval of Committee Workplan

            (b)        Expansion and Improvement of Transit and Transportation Systems

                        (1)            Taxicab Service Model Report

            (c)        Traffic Relief/Safe Streets

                        (1)        No items

            (d)        Supporting Smart Growth

                        (1)        No items

            (e)        Regional Relationships/Funding/Policy

                        (1)            Update on the Santa Clara Valley Transportation Agency (VTA), Valley Transportation Plan (VTP) 2020

                        (2)            ABAG/MTC Merger

                        (3)            Update on State, Federal, and Local Legislation

            (f)         Oral petitions

            (g)        Adjournment

7     ENVIRONMENTAL & UTILITY SERVICES

7.1              Acceptance of the first annual report on San José/Santa Clara Water Pollution Control Plant (Plant) watershed activities.

            Recommendation:  Acceptance of the first annual report on San José/Santa Clara Water Pollution Control Plant (Plant) watershed activities, including updates on the South Bay Action Plan, Contingency Plan, and Pollutant Prevention and Minimization Plan, as required by the Plant’s National Pollutant Discharge Elimination System (NPDES) permit.  CEQA:  Not a Project.  (Environmental Services)
Treatment Plant Advisory Committee

8     AVIATION SERVICES

8.1              Presentation on the conceptual design progress for the Central Terminal Building and North Concourse Building at the Airport.

*          Recommendation:  Presentation on the conceptual design progress for the Central Terminal Building and North Concourse Building at the Norman Y. Mineta San José International Airport.  CEQA:  Resolution Nos. 67380 and 71451.  (Airport)

            (Deferred from 2/3/04 – Item 8.1)
RECOMMEND DEFERRAL TO 2/24/04

8.2              Approval of the San José International Airport-Advanced Traffic Management System Agreement for the Web Traveler Project.

            Recommendation:  Approval of a third amendment to the San José International Airport-Advanced Traffic Management System Agreement for consultant services to expand the Web Traveler Project between the City of San José and DKS Associates to increase the maximum compensation by $109,000, from $884,000 to an agreement amount not to exceed $993,000.  CEQA:  Exempt, PP00-02-026.  (Transportation)

9     PUBLIC SAFETY SERVICES

10            JOINT COUNCIL/REDEVELOPMENT AGENCY

10.1     Approval of the 2003-2004 Mid-Year Budget Review Report.

*            Recommendation: 

            (a)        Approval of the 2003-2004 Mid-Year Budget Review.

            (b)        Adoption of related appropriation ordinance and funding sources resolution amendments for the 2003-2004 Mid-Year Budget Review.

            (c)        Addition of one net position as detailed in the 2003-2004 Mid-Year Budget Review.

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

            (Deferred from 2/10/04 – Item 3.4)

            RENUMBERED FROM 3.4

·                   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:

            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 an ordinance allowing building additions of less than 500 square feet with a permit adjustment (Getting Families Back to Work directive).

            Recommendation:  PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Chapter 20.100 and Chapter 20.90 of Title 20, the Zoning Code, of the San José Municipal Code, to allow building additions of less than 500 square feet with a permit adjustment and to modify the parking requirements for shopping centers over 100,000 square feet in size respectively.  CEQA:  Exempt, PP04-01-006.

            Citywide
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

11.2          Public Hearing on an ordinance streamlining the single-family house permitting process (Getting Families Back to Work directive).

            Recommendation:  PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Chapter 20.100 and Chapter 20.50 of Title 20, the Zoning Code, of the San José Municipal Code, to streamline the single-family house permitting process and to modify the Industrial District use regulations to clarify regulations applicable to assembly use.  CEQA:  Exempt, PP04-01-005.

            Citywide
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

11.3          Public Hearing on an ordinance clarifying the process of concurrent filing and review of Planned Development Zoning and Planned Development Permit Applications (Getting Families Back to Work directive).

            Recommendation:  PUBLIC HEARING AND APPROVAL OF AN ORDINANCE amending Chapter 20.100 of Title 20, The Zoning Code, of the San José Municipal Code, to clarify the process of concurrent filing and review of Planned Development Zoning and Planned Development Permit Applications.  CEQA:  Not a Project.

            Citywide
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

11.4          Public Hearing and approval of an ordinance amending Title 20 relating to Williamson Act contracts (Getting Families Back to Work directive).

            Recommendation:  PUBLIC HEARING and approval of an ordinance adding a new Part 2 to Chapter 20.10.110 of Title 20 of the San José Municipal Code, authorizing the Director of Planning, Building, and Code Enforcement to cancel or partially cancel Williamson Act contracts relating to prime agricultural land under certain circumstances.  (Planning, Building, and Code Enforcement)
*Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

11.5          Public Hearing on planned development rezoning of the property located at 849 The Alameda.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Rhodes Court and The Alameda (849 The Alameda), from CP Pedestrian and CO Commercial Office Zoning Districts to A(PD) Planned Development Zoning District, to allow demolition of a single-family residence and a commercial building, and to allow up to 13,500 square feet of commercial uses with drive-through pharmacy (Longs Drug), on a 0.95 gross acre site.  (Boccardo John Trustee & et al., Leanne Rees, Owner).  CEQA:  Mitigated Negative Declaration.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 03-054 - District 6

11.6          Public Hearing on planned development rezoning of the property located at Saratoga Avenue and Graves Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of Saratoga Avenue, approximately 150 feet southerly of Graves Avenue, from CG Commercial Zoning District to A(PD) Planned Development Zoning District, to allow: (1) Demolition of two existing commercial buildings (Saratoga Lanes bowling alley and Wolf Camera Center), and (2) Construction of up to 79 single-family attached residential units, on a 4.5 acre site.  (J.D. Molex LLC, Owner; Riding Group, Developer).  CEQA:  Mitigated Negative Declaration.

            PDC 03-061 - District 1
Attachment A
Attachment B
*Director of Planning, Building and Code Enforcement recommends approval and Planning Commission recommends denial (4-3-0).

11.7          Public Hearing on planned development rezoning of the property located at 586 Minnesota Avenue.

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Minnesota Avenue, approximately 490 feet southerly of Dorothy Avenue (586 Minnesota Avenue), from R-M Multi-Family Residence and R-1-8 Residence District to A(PD) Planned Development Zoning District, to allow one single-family detached residence and one duplex on a 0.64 gross acre site.  (Ron Buchholz, Owner).  CEQA:  Exempt.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-1-1).

            PDC 03-064 - District 6

11.8          Public Hearing on conventional rezoning of the property located at 1811 Park Avenue.

            Recommendation:  PUBLIC HEARING ON CONVENTIONAL REZONING of the property located at the west side of Park Avenue, approximately 50 feet northerly of Emory Street (1811 Park Avenue), from CO Office Commercial Zoning District to CN Commercial Neighborhood Zoning District, to allow commercial uses on a 0.2 gross acre site.  (Robert D. and Jill K. Malone, Owner).  CEQA:  Resolution No. 65459.  Director of Planning, Building and Code Enforcement recommends approval.  No Planning Commission action required.

            C 03-091 - District 6

11.9          Public Hearing on conforming planned development rezoning of the property located at 929 Berryessa Road.

            Recommendation:  PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the north side of Berryessa Road, approximately 50 feet easterly of Mabury Road (929 Berryessa Road), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to remove the warehouse use restriction and allow similar industrial uses in an existing 9,994 square foot structure.  (Borelli Development Company, Ralph Borelli, Owner/Developer).  CEQA:  Negative Declaration.

            PDC 03-106 - District 4

            RECOMMEND CONTINUANCE TO 3/16/04

·                   Open Forum

·                   Adjournment - Adjourn in memory of Ms. Ruth Huddleston, long-time activist in the African-American Community and the mother of Ann Nelson, Assistant Superintendent, Franklin-McKinley School District.