SAN JOSE CITY COUNCIL

 

AMENDED AGENDA

 

MARCH 16, 2004

 

 

LINDA J. LE ZOTTE

DISTRICT 1

 

KEN YEAGER

DISTRICT  6

FORREST WILLIAMS

DISTRICT 2

 

TERRY O. GREGORY

DISTRICT  7

CINDY CHAVEZ

DISTRICT 3

RON GONZALES  MAYOR

DAVID D. CORTESE

DISTRICT  8

CHUCK REED

DISTRICT 4

 

JUDY CHIRCO

DISTRICT  9

NORA CAMPOS

DISTRICT 5

 

PAT DANDO, VICE MAYOR

DISTRICT 10

 

 

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

 

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

 

 

·                   Call to Order and Roll Call

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

                                         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 3)

·                   Pledge of Allegiance

·                   Orders of the Day

 

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

 

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

 

 

1     CEREMONIAL ITEMS


 

1.1            Administer the Oath of Office for Jeff Clett, Fire Chief.  (City Manager's Office/City Clerk's Office)
*   RECOMMEND DEFERRAL TO 3/30/04

 

1.2            Presentation of a proclamation declaring the week of March 15-19th, 2004, “Adult Education Week.”  (Yeager)

 

*1.3            Presentation of a commendation to the Rescue Personnel (SJPD, SJFD, Air National Guard, Santa Clara County Rescue Rangers) involved in rescuing two hikers from Alum Rock Park February 22, 2004.  (Campos)

            TO BE HEARD IN THE EVENING

 

*1.4       Presentation of a commendation to the YWCA Rape Crisis Center.  (Dando)

            (Rules Committee referral 3/10/04)

 

 

2     CONSENT CALENDA


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 February 17, 2004

 

 

2.2              Final adoption of ordinances.

 

2.3              Approval to amend an agreement for the Acoustical Treatment Program (Phase 5).

 

*Recommendation:  Approval of a continuation agreement with Anderson Brule Architects, Inc. for consultant services related to Phase 5 of the Acoustical Treatment (ACT ) Program, extending the term of the agreement from June 30, 2002 until June 30, 2004, at no increase in the total compensation of $4,193,921.  CEQA:  Resolution Nos. 67380 and 71451, PP04-03-066.  (Airport)

 

2.4              Approval of various fiscal actions for Redevelopment Agency Capital Projects.

 

            Recommendation:  

            (a)        Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the O’Donnell’s Gardens Park Development Project, the Floyd and Locust Park Development Project, and the Greater Gardner Street Reconstruction Project, with a net impact to the fund of $1,732,000.

            (b)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements.

            CEQA:  O’Donnells Gardens Park, Exempt, PP02-04-084; Floyd and Locust Park, Exempt, PP434-11-043; and Greater Gardner Street Reconstruction, Not a Project.  (City Manager’s Office)

 

2.5              Approval of actions related to the Ballet San José Silicon Valley.    -   Attachment

 

            Recommendation:  Adoption of a resolution providing Ballet San José Silicon Valley with an exemption from eligibility requirements for the Arts Grants: Operating Grant Program pertaining to accessibility for persons with disabilities to allow the Ballet’s grant application to be considered in the review process for FY 2004-05 grant awards, which exemption is conditioned upon the Ballet providing the City, no later than November 30, 2004, with a specific work plan and timeframe for meeting the grant program’s accessibility requirements.  CEQA:  Not a Project.  (Conventions, Arts and Entertainment)
Memo From City Attorney

 

2.6              Approval to amend the lease for the San José Unified School District’s use of City owned land adjacent to Watson Park.

 

            Recommendation:  Approval of an amendment to the lease between the City of San José and the San José Unified School District for District's use of 3.316 acres of City owned land adjacent to Watson Park, extending the term of the lease by 35 years to June 30, 2048.  CEQA:  Exempt, PP04-02-029.  Council District 3.  SNI:  13th Street.  (General Services)

 

2.7              Approval of a contract and related action for the creation and publication of a historical work.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Tempus Publishing Group, dba Arcadia Publishing, for the creation and publication of a historical work, provisionally entitled: "The Images of America Series:  Historic Downtown San José, California;” and approving the use of any profits from the sale of the book in the General Fund.  CEQA:  Not a Project.  (Library)

 

2.8              Adoption of a resolution approving the reorganization and annexation of Burbank No. 37.

 

            Recommendation:  Adoption of a resolution authorizing the reorganization of territory designated as Burbank No. 37 which involves the annexation to the City of San José of 0.11 acre of land more or less, located on the east side of North Bascom Avenue, approximately 160 feet southerly of Forest Avenue and adjacent to the City of San José annexation Burbank No. 34, and the detachment of the same from Burbank Sanitary, County Lighting Services, Central Fire Protection, Area No. 01 (Library Services) County Services.  CEQA:  GP2020 Resolution No. 65459.  Council District 6.  SNI:  Burbank/Del Monte.  (Planning, Building and Code Enforcement)

 

2.9              Approval of actions related to the 2002-04 Spending Plan for the Local law Enforcement Services Block Grant Fund.

 

            Recommendation: 

            (a)        Approval of the proposed addition to the 2002-04 Spending Plan for the Local Law Enforcement Block Grant (LLEBG) Fund. 

            (b)        Adoption of the following amendment to the annual appropriation ordinance and the annual funding sources resolution in the Local Law Enforcement Services Fund (Fund 415) for Fiscal Year 2003-04:

                        (1)            Increase the LLEBG 2002-04 appropriation for the Police Department in the amount of $21,890;

                        (2)            Decrease the LLEBG Ending Fund Balance by $14,640;

                        (3)            Increase the Earned Revenue by $7,250.

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

 

2.10          Approval of an agreement to purchase land and related improvements located at 360 North White Road.

 

            Recommendation:  Approval of an agreement in the amount of $25,100, with Mayfair Post American Legion Building Corporation, for the purchase of a portion of the land and improvements located at 360 North White Road, together with an immediate right of entry thereon, and a 3-month right of entry on the adjoining portion of property, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction.  CEQA:  Negative Declaration, PP03-11-355.  Council District 5.  (Public Works)

 

2.11          Approval of an agreement to purchase land located at Zanker Road.

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to execute an agreement in the amount of $114,000, with the Santa Clara Valley Transit District (VTA), for the purchase of a portion of land located at Zanker Road, together with a Temporary Construction Easement (TCE) on an adjoining portion of the subject property, and authorization to the Director of Public Works to execute any additional documents that are necessary to complete the transaction.  CEQA:  Negative Declaration, PP03-12-374.  Council District 4.  (Public Works)

 

2.12          Approval of a Storm Drain Easement and Maintenance Agreement for a public storm sewer through private property. 

 

*          Recommendation:  Adoption of a resolution authorizing the City Manager to execute a Storm Drain Easement and Maintenance Agreement with BP Almaden Associates, LLC, for the construction and maintenance of a public storm sewer through its private property.  CEQA:  Resolution Nos. 64273 and 68839 and addendum thereto, RH00-05-005.  Council District 3.  (Public Works/Transportation)

 

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

 

            Recommendation:  Approval of one proposed City Event for use at the HP Pavilion at San José on March 24, 2004 for Seagate/Sharks Foundation 8th Grade Leadership Awards.  (San José Arena Authority)

 

2.14     Approval of various fiscal actions for Redevelopment Agency Capital Projects.

 

*            Recommendation:  

            (a)        Adoption of appropriation ordinance and funding sources resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) for the 3rd and 4th Streets Couplet Conversion Project, with a net impact to the fund of $900,000.

            (b)        Adoption of a resolution making certain determinations regarding the related expenditures of Redevelopment Agency funds on certain public improvements.

            CEQA:  Negative Declaration, PP02-05-115.  Council District 3.  SNI:  13th Street.  (City Manager’s Office)

            (Rules Committee referral 3/10/04)

 

2.15     Approval of an agreement related to the Animal Care Center Project.

 

*            Recommendation:  Adoption of a resolution authorizing the City Manager to negotiate and execute any necessary agreements with Travelers Casualty & Surety Company Insurance Co., the surety for Dennis J. Amoroso Construction Company, Inc., and any construction contractor for completion of the Animal Care Center Project at no additional cost to the City beyond $1,087,000, and including the authority to negotiate liquidated damages.  CEQA:  Negative Declaration, H01-003.  (Public Works/Parks, Recreation and Neighborhood Services)

            (Rules Committee referral 3/10/04)

 

 

3     STRATEGIC SUPPORT SERVICES


 

3.1              Report of the Study Session

            Mayor Gonzales, Chair

 

3.2              Report of the Rules Committee – March 3, 2004

            Vice Mayor Dando, Chair

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

            (b)        City Council

                        (1)            Review March 16, 2004 Draft Agenda

                        (2)            Add New Items to March 9, 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

            (d)        Meeting Schedules

            (e)        The Public Record

            (f)         Appointment to Boards, Commissions and Committees

            (g)        Rules Committee Reviews, Recommendations and Approvals

                        (1)            Results of outreach and negotiation for “Evergreen Specific Plan Construction Tax, Building and Structures Tax, and Residential Construction Tax Fee Suspension/Exemption Renewal

            (h)        Oral communications

            (i)         Adjournment

 

3.3              Report of the Making Government Work Better Committee

            Council Member Campos, Chair

 

3.4       Approval of appointments to the Blue Ribbon Task Force for review of the Ethics and Lobbyist Ordinances.

 

*          Recommendation: Approval of appointments to the Blue Ribbon Task Force for review of the Ethics and Lobbyist Ordinances.  (Mayor, Yeager)

            (Rules Committee referral 3/10/04)

 

3.5       Adoption of a resolution in support of the Mid-Peninsula Regional Open Space District Coast Side Protection Program.

 

*          Recommendation:  Adoption of a resolution in support of the Mid-Peninsula Regional Open Space District Coast Side Protection Program.  (LeZotte)

            (Rules Committee referral 3/10/04)

 

 

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              Approval of fiscal actions for the Evergreen Smart Growth Strategy.

 

            Recommendation:  Adoption of the 2003-2004 appropriation ordinance and funding sources resolution amendments in the General Fund as follows:

            (1)        Increase the Citywide appropriation for the Evergreen Smart Growth Strategy by $1,102,581; and

            (2)        Increase the estimate for earned revenue from Other Revenue by $1,102,581.

            CEQA:  Exempt, PP03-10-349.  Council District 8.  SNI:  KONA/West Evergreen.  (Planning, Building and Code Enforcement/City Manager's Office)

 

4.4              Approval to award a contract for Improvement District No. 99-218SJ (Hellyer-Piercy).

 

*         Recommendation:  Report on bids and award of contract for Improvement District No. 99-218SJ (Hellyer-Piercy), Contract #3 to the low bidder, Granite Construction, in the amount of $2,595,964, and approval of a contingency in the amount of $390,000.  CEQA:  Resolution No. 69699.  Council District 2.  (Public Works)
RECOMMEND DEFERRAL TO 3-30-04

 

4.5              Approval of an agreement to donate and transfer a 15-acre parcel of undeveloped land in the Alviso area.

 

            Recommendation:  Adoption of a resolution:

            (a)        Approving an agreement with Cisco Technology Inc., for a donation and transfer of a 15-acre parcel of undeveloped land in the Alviso area to the City and authorizing and directing the City Manager to execute the necessary documents to complete the transaction; and

            (b)        Authorizing the Director of Public Works to accept and record the deeds associated with this action.

            CEQA:  Resolution No. 69636, dated June 6, 2000.  Council District 4.  (Public Works/Fire/Parks, Recreation and Neighborhood Services)

 

 

5     RECREATION & CULTURAL SERVICES


 

5.1              Report of the All Children Achieve Committee

            Council Member Yeager, Chair

 

5.2              Approval of an agreement for the Edenvale Branch Library Project.

 

*          Recommendation:  Approval of an agreement with CWA AIA, Inc. for consultant services for the Edenvale Branch Library Project, from the date of execution to April 30, 2007, in an amount not to exceed  $998,750.  CEQA:  Not a Project.  Council District 2.  (Public Works/Library)

 

5.3              Approval of an agreement for the Joyce Ellington Branch Library Project.

 

            Recommendation:  Approval of an agreement with Tetra Design, Inc. for consultant services for the Joyce Ellington Branch Library Project, from the date of execution to June 30, 2007, in an amount not to exceed $972,000.  CEQA:  Not a Project.  Council District 3.  (Public Works/Library)

 

 

6     TRANSPORTATION SERVICES


 

6.1              Report of the Building Better Transportation Committee

            Council Member Cortese, Chair

 

6.2              Approval of an ordinance establishing a residential permit parking zone in the Arena West 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 Arena West neighborhood as part of the Arena Residential Permit Parking (RPP) Zone.  CEQA:  Exempt, PP03-05-163.  Council District 6.  (Transportation)

            TO BE HEARD IN THE EVENING

 

6.3              Approval of an ordinance establishing a residential permit parking zone in the Delmas Park 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 Delmas Park Neighborhood.  CEQA:  Exempt, PP04-02-043.  Council District 3.  SNI:  Delmas Park.  (Transportation)

            TO BE HEARD IN THE EVENING

 

6.4              Approval of an ordinance designating 17th Street between San Fernando and San Antonio as a one-way street.

 

            Recommendation:  Approval of an ordinance to amend Chapter 11.24 of Title 11 of the San José Municipal Code to designate 17th Street between San Fernando and San Antonio as a one-way street.  CEQA:  Exempt, PP04-02-03.  Council District 3.  (Transportation)

            TO BE HEARD IN THE EVENING

 

*6.5             Approval of trial period for enforcement of traffic regulations on the private roads within the Silver Creek Country Club.

 

            Recommendation:  Adoption of a resolution providing for enforcement of California Vehicle Code traffic regulations on the private roads within the Silver Creek Country Club for a one-year trial period and authorizing the Police Chief to approve continuation of the enforcement beyond the one-year trial period.  CEQA:  Exempt, PP04-02-044.  Council District 8.  (Transportation/Police)

            TO BE HEARD IN THE EVENING

 

 

7     ENVIRONMENTAL & UTILITY SERVICES


 

 

8     AVIATION SERVICES


 

8.1              Approval of finding that Airport traffic and transit improvement conditions have been met and City can commence construction efforts consistent with Airport Master Plan.

 

            Recommendation:  Adoption of a resolution finding that the Airport traffic and transit improvement conditions set forth in Part 4 of Chapter 25 of the San José Municipal Code have been met and that the City may therefore commence construction of a new Central Terminal facility and expand the number of air carrier gates at the Airport beyond the existing 31 gates, as provided in the Airport Master Plan.  CEQA:  Resolution Nos. 67380 and 71451, PP04-01-002.  (Airport/Transportation)

            (Deferred from 1/27/04 – Item 8.1)

 

8.2              Approval of actions for the Airport’s North Concourse Building Projects.

 

*          Recommendation: 

            (a)        Report on bids and take appropriate action based on the evaluation of bids for the Norman Y. Mineta San José International Airport North Concourse Building -- Communication Cables Relocation (Package 0C), and approval of a ten percent contingency.  CEQA:  Resolution Nos. 67380 and 71451, PP03-12-388.  (Public Works/Airport)-DROP

                        [Deferred from 1/13/04 – Item 8.1(a) and 1/27/04 – Item 8.2(a)]

            (b)        Report on bids and award of contract for the Norman Y. Mineta San José International Airport North Concourse Building, Gate A1-C Relocation (Package 0B) Project to the low bidder, Apex Construction, in the amount of $729,289, and approval of a contingency in the amount of $110,000.  CEQA:  Resolution Nos. 67380 and 71451, PP 03-12-393.  (Public Works/Airport)

                        [Deferred from 1/13/04 – Item 8.1(b) and 1/27/04 – Item 8.2(b)]

 

8.3              Approval of owner controlled insurance program for the Airport Master Plan Projects.

 

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

            (a)        Procure from American International Group ("AIG") Owner Controlled Insurance Program ("OCIP") insurance coverage for Airport Master Plan Projects with the insurance premium of $3,943,972;

            (b)        Determine the most cost effective method to establish a claims loss reserve in the amount of $3,900,000 to pay deductibles by either the establishment of a letter of credit or cash payment and to enter into the agreements required to establish the claims loss reserve; and

            (c)        Procure builders' risk coverage and owner's protective professional indemnity insurance including contractor's pollution liability coverage with aggregate insurance premiums not to exceed $1,350,000.

            CEQA:  Resolution Nos. 67380 and 71451, PP04-02-042.  (Airport/Finance)

 

8.4              Approval of agreements related to the Airport Revenue Bonds, Series 2004 (Security Projects).

 

            Recommendation: 

            (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Fullerton & Friar, Inc. and Public Resources Advisory Group for financial advisory services in an amount not to exceed $210,000, for the term of January 12, 2004, to December 31, 2004.

            (b)        Adoption of a resolution authorizing the City Attorney to negotiate and execute an agreement with Orrick, Herrington & Sutcliffe LLP for bond and disclosure counsel services, in an amount not to exceed $250,000, for the term of January 12, 2004, to December 31, 2004.

            CEQA:  Resolutions Nos. 67380 and 71451, PP 04-02-052.  (Finance/Airport)

 

 

9     PUBLIC SAFETY SERVICES


 

 

10     JOINT COUNCIL/REDEVELOPMENT AGENCY


 

            CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 10.1 AND 10.2 IN A JOINT SESSION

 

10.1          Approval of the Downtown Design Guidelines.

 

            Recommendation:  Approval of the Downtown Design Guidelines.  Director of Planning, Building and Code Enforcement recommends approval.  CEQA:  Exempt, PP03-01-010.  Council District 3.  (City Manager’s Office/Redevelopment Agency)

            TO BE HEARD IN THE EVENING CONCURRENTLY WITH ITEMS 11.1 AND 11.2

 

10.2          Approval of actions for the San José Child Care Facility Development Project.

 

            Recommendation:

            (a)        Adoption of an appropriation ordinance and funding source resolution amendments in the Services for Redevelopment Capital Projects Fund (City-side Redevelopment Fund) by the City Council to:

                        (1)            Establish an appropriation to the Department of Parks, Recreation and Neighborhood Services for the San José Child Care Facility Development Project (PSM 345) by $856,000.

                        (2)            Increase the estimate for Earned Revenue by $856,000.

            (b)        Adoption of a resolution by the City Council authorizing the City Manager to negotiate and execute an agreement with San José Day Nursery in an amount not to exceed $856,000 for the development and renovation of San José Day Nursery’s existing facilities located at 33 North Eighth Street, San José, CA 95112 to be operated as a Smart Start San José Early Care and Education Center for a term ending June 30, 2018.

            (c)        Adoption of a resolution by the Redevelopment Agency Board authorizing the Interim Executive Director to negotiate and execute an agreement with the City and San José Day Nursery, providing for the Agency’s monitoring of the design and construction of San José Day Nursery’s Project.

            CEQA:  Exempt, PP04-03-062.  Council District 3.  (City Manager's Office/Redevelopment Agency)
* RECOMMEND DEFERRAL TO 3/30/04

 

            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 and approval of an ordinance modifying Downtown Zoning Regulations.

 

*          Recommendation:  PUBLIC HEARING on and 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.  Director of Planning, Building and Code Enforcement recommends approval (5-0-2).  CEQA:  Resolution No. 65459, PP03-05-169.  (Planning, Building, and Code Enforcement and Planning Commission recommend approval (5-0-2).

            (Continued from 6/3/03 – Item 11.3 et al., and 1/13/04 – Item 11.1)

            TO BE HEARD CONCURRENTLY WITH ITEMS 10.1 AND 11.2

 

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

 

*Recommendation:  PUBLIC HEARING ON DIRECTOR-INITIATED CONVENTIONAL REZONING:

            (a)        of the property located within the area generally bounded 4th Street, Interstate 280, State Route 87 (Guadalupe Parkway), and Julian Street, from CG General Commercial, R-M Multiple Residence, R-2 Two-Family Residence, LI Light Industrial Districts to DC Downtown Commercial District and

            (b)        of the property located within the area generally bounded by Balbach Street, South Market Street, Interstate 280, and Almaden Boulevard toDC-NT 1 Downtown Commercial-Neighborhood Transition 1 Districts, to allow mixed use, commercial, and residential uses on approximately 389 gross acres.  CEQA:  Resolution No. 65459.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2).  (Planning, Building, and Code Enforcement)

            C 03-072 - District 3

            (Continued from 10/21/03 – Item 11.9 et al., and 1/13/04 – Item 11.2)

            TO BE HEARD CONCURRENTLY WITH ITEMS 10.1 AND 11.1


Attachment A
Attachment B
Supplemtal 1
Supplemtal 2

 

11.3          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.  Director of Planning, Building, and Code Enforcement recommends approval.  No Planning Commission action required.

            PDC 03-106 - District 4

            (Deferred from 2/17/04 – Item 11.9)

 

11.4          Public Hearing on planned development rezoning of the property located at Vera Lane and Azucar Avenue.

 

*          Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Vera Lane and Azucar Avenue, from R-M Multiple Residence to A(PD) Planned Development Zoning District, to allow up to 4 detached and 2 attached single-family residences on a 0.46 gross acre site.  (Kawadri Mazen M. Trustee & et al., Owner/Developer).  CEQA:  Mitigated Negative Declaration.  SNI:  Edenvale/Great Oaks. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 03-031 - District 2
Attachment A
Attachment B

 

11.5          Public Hearing on planned development rezoning of the property located at 1803 Oakland Road.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of Rock Avenue and Oakland Road (1803 Oakland Road), from HI Heavy Industrial Zoning District to A(PD) Planned Development Zoning District, to allow up to 107 single-family detached residences on a 13.7 gross acre site.  (Orchard Property LLC, Owner; Summerhill Homes, Developer).

            PDC 03-068 - District 4

            SEE ITEM 12.2(b) FOR COUNCIL ACTION TO BE TAKEN
* DROP – SAME ITEM AS 12.2(b)

 

11.6          Public Hearing on planned development rezoning of the property located at 912 Boynton Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Boynton Avenue, approximately 150 feet northerly of Underwood Drive (912 Boynton Avenue), from R-1-8 Residence District to A(PD) Planned Development Zoning District, to allow up to four single-family attached residential units on a 0.2 acre site.  (Ku Hammond and Sophia, Owner).  CEQA:  Exempt.  SNI:  Blackford.  Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 03-063 - District 1

 

11.7          Public Hearing on planned development rezoning of the property located at 432 South Cypress Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Cypress Avenue, approximately 70 feet northerly of Adra Avenue (432 South Cypress Avenue), from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to allow up to six residential units (four single-family detached court home units and two apartments) on a 0.4 acre site.  (E & H Third Family Partnership, Owner/Developer).  CEQA:  Negative Declaration.  Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 03-055 - District 1

 

11.8          Public Hearing on planned development rezoning of the property located at 777 Almaden Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northwest corner of Almaden Avenue and West Virginia Street (777 Almaden Avenue), from CN Neighborhood Commercial District to A(PD) Planned Development Zoning District, to allow 10 single-family attached residences on a 0.47 gross acre site.  (David D. Tsang and Cathy C. Lucia Wu, Owner).  SNI:  Washington.  CEQA:  Mitigated Negative Declaration.   Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 02-057 - District 3

 

11.9          Public Hearing on planned development rezoning of the property located at 12385 Blossom Hill Road.

 

*          Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Blossom Hill Road, opposite the terminus of Croydon Avenue (12385 Blossom Hill Road), from A-Agriculture Zoning District to A(PD) Planned Development Zoning District, to allow up to seven (7) single-family detached residential units on a 0.44 gross acre site.  (San José Conservation Corps/Ken Fuller, Owner).  CEQA:  Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

            PDC 03-088 - District 9
Attachment A
Attachment B

 

11.10      Public Hearing on planned development rezoning of the property located at 1629 Alum Rock Avenue.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the north side of Alum Rock Avenue, approximately 200 feet southwesterly of 34th Street (1629 Alum Rock Avenue), from R-2 Two-Family Residence Zoning District and CG Commercial General Zoning District to A(PD) Planned Development Zoning District, to allow a radio station use on a 0.33 gross acre site.  (Dolores M. Viera and S. Batista, Owner).  CEQA:  Exempt.   SNI:  Five Wounds/Brookwood Terrace.

            PDC 03-090 - District 5

            RECOMMEND CONTINUANCE TO 4/6/04

 

11.11      Public Hearing on conforming planned development rezoning of the property located at Hillsdale Avenue and Vistapark Drive.

 

            Recommendation:  PUBLIC HEARING ON CONFORMING PLANNED DEVELOPMENT REZONING of the property located at the north side of Hillsdale Avenue, opposite the northerly terminus of Vistapark Drive, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District, to reconfigure four previously approved residential blocks (212 previously approved units) to allow a mix of detached and attached unit types, on a 7.3 acre site.  (KB Home, Owner/Developer).  CEQA:  Resolution No. 63624.  Director of Planning, Building, and Code Enforcement recommends approval.  No Planning Commission action required.
*TO BE HEARD IMMEDIATELY FOLLOWING ITEM 12.1(f)

            PDC 03-107 - District 7

 

11.12      Public Hearing on planned development rezoning of the property located at Wabash and North First Street.

 

            Recommendation:  PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Wabash Street, approximately 440 feet easterly of North First Street, from CN Neighborhood Commercial Zoning District to RM Residential Zoning District, to allow a Single-Family Residence on a 0.137 gross acre site.  Director of Planning, Building, and Code Enforcement recommends approval.  No Planning Commission action required.

            C 04-005 - District 4

 

 

12     GENERAL PLAN PUBLIC HEARINGS

            (To be heard by the City Council at 7:00 p.m.)


 

Notice to the public:  There will be no separate discussion of General Plan Consent Calendar (Item 12.1) 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 General Plan Consent Calendar (Item 12.1) and considered separately.

 

12.1          Approval of General Plan Consent Calendar items.

 

            Recommendations:

            (a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park to Industrial Park with Mixed Industrial Overlay for property located on the southerly side of Piercy Road (474 Piercy Road), approximately 300 feet easterly of Hellyer Avenue on an approximately 16-acre site.  (Barry DiRaimondo, Owner/Family Community Church, Applicant).

                        GP03-02-04 - District 2

                        DEFERRED TO 6/1/04

            (b)        PUBLIC HEARING on the following items located between the Union Pacific Railroad tracks, Market Street, Julian Street, and Highway 87 on a 9-acre site.  (Brandenburg Staedler & Moore, Owners/Redevelopment Agency, Applicant).  CEQA:  Environmental Impact Report Pending.  Council District 3.

                        (1)            FINAL ENVIRONMENTAL IMPACT REPORT for the Mixed use Project/North San Pedro Housing sites General Plan amendment (GP03-03-01a/GPT03-03-01a/GP03-03-01b) to change the Land Use/Transportation Diagram From General Commercial on 6.2-acres, Combined Industrial/Commercial on 1 acre, and Residential Support for the core area [25 + Dwelling Units per Acre (DU/AC)] on 1.8-acres to Core Area, a General Plan text amendment to redefine the Downtown Core Area and Downtown Frame Area boundaries, and a General Plan Transportation Diagram amendment to realign Julian Street between Market and Saint James Streets.

                                    [Continued from 12/16/03 - Item 12.1(d)(1)]

                                    DROPPED

                        (2)            PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the land use/Transportation Diagram designation from General Commercial on 6.2 acres, Combined Industrial/Commercial on 1 acre, and Residential Support for the core area [25 + Dwelling Units per Acre (DU/AC)] on 1.8 acres to Core Area. 

                                    GP03-03-01a

                                    [Continued from 12/16/03 - Item 12.1(d)(2)]

                                    DEFERRED TO 6/1/04

 

            (b)            (3)            PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT request to redefine the Downtown Core Area and Downtown Frame Area boundaries.

                                    GPT03-03-01a

                                    [Continued from 12/16/03 - Item 12.1(d)(3)]

                                    DEFERRED TO 6/1/04

                        (4)            PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Transportation Diagram to realign Julian Street between Market and Saint James Streets.

                                    GP03-03-01b

                                    [Continued from 12/16/03 - Item 12.1(d)(4)]

            DEFERRED TO 6/1/04

            (c)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Light Industrial to General Commercial for property located on the southwest corner of West Hedding Street and Coleman Avenue (879 Coleman Avenue) on a 0.45-acre site.  (Pinn Brothers, Inc., Owner/Pinn Brothers Construction, Inc., Applicant).  CEQA:  Mitigated Negative Declaration, GP03-03-18.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1; Platten Absent).

                        GP03-03-18 - District 3

            (d)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Low Density Residential (8 DU/AC) to General Commercial for property located on the southwest corner of McKee Road (3490 McKee Road) and Vista Avenue on a 0.35-acre site.  (Henry Ho, Owner/Applicant).  In addition, Planning staff has proposed an expansion to change the Land Use/ Transportation Diagram designation from Medium Low Density Residential (8 DU/AC) to General Commercial for three adjacent parcels located at the southeast corner of Kirk Avenue and McKee Road (3454, 3468, and 3490 McKee Road) on 0.53 acre.  CEQA:  Mitigated Negative Declaration, GP03-05-06.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1; Platten Absent).

                        GP03-05-06 - District 4

 

            (e)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Medium Low Density Residential (8 DU/AC) to General Commercial for property located on the west side of South White, approximately 300 feet north of Story Road (1075 and 1085 South White Road) on a 0.53-acre site.  In addition, Planning staff has proposed an expansion to amend the General Plan designation from Medium Low Density Residential (8 DU/AC) to General Commercial for the adjacent parcel located at 1095 South White Road on 0.43 acre.  (De La Torres Properties, Owner/ Mike Ma, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-05-09.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1; Platten Absent).  SNI:  East Valley/680 Communities.

                        GP03-05-09 - District 5

            (f)         PUBLIC HEARING on the following items located at the north side of Hillsdale Avenue, opposite the terminusof Vista Park Drive on a 7.3-gross-acre site in the Communications Hill Specific Plan area.  (Rob Bettencourt et al, Owner/ KB Home, Applicant).

                        (1)            PUBLIC HEARING Request to modify the Communication Hill Specific Plan as follows: 1) allow a reduction from the 24 DU/AC minimum density on certain blocks to a minimum 17 DU/AC provided that the average density within the project area is within the 24-40 DU/AC range; and 2) allow reduction to the required 30-foot minimum front-to-front building separation distance.  CEQA:  Final Environmental Impact Report for the Communications Hill Specific Plan, Resolution No. 63624, GP03-07-11.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0-1; Dhillon Abstained). 

                                    GP03-07-11 - District 7

                        (2)            PUBLIC HEARING ON GENERAL PLAN TEXT AMENDMENT to revise the Communication Hill Planned Community to reflect the proposed changes to the Communications Hill Specific Plan.  CEQA:  Final Environmental Impact Report for the Communications Hill Specific Plan, Resolution No. 63624, GPT03-07-11.  Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0-1; Dhillon Abstained).

                                    GPT03-07-11 - District 7

 

12.2          Public Hearing on the following items located on the southwest corner of Oakland Road and Rock Avenue (1803 Oakland Road) on a 13.7-gross acre site.

 

            Recommendations:

(a)        PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Industrial Park to Medium Density Residential (8-16 DU/AC) for property located on the southwest corner of Oakland Road (1803 Oakland Road) and Rock Avenue on a 13.7-acre site.  (Orchard Property, LLC, Owners/Tom Armstrong, HMH, Applicant).  CEQA:  Resolution No. 04-017, GP03-04-01.  Director of Planning, Building and Code Enforcement recommends denial and Planning Commission recommends approval with Preference for park on-site (5-2-0; Levy & Zito Opposed).

                        GP03-04-01 - District 4 RECOMMEND CONTINUANCE TO 4/20/04
Supplemental
Attachment A

                        (Continued from 4/15/03 - Item 1.5 and 11/18/03 - Item 1.2)

            (b)        PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING from HI Heavy Industrial Zoning District to A(PD) Planned Development Zoning District to allow up to 107 single-family detached residences on a 13.7-gross acre site, located on the southwest corner of Oakland Road (1803 Oakland Road) and Rock Avenue.  (Orchard Property LLC, Owner; Summerhill Homes, Developer).  CEQA:  Resolution No. 04-017, PDC03-068.  Director of Planning, Building and Code Enforcement recommends approval with one acre park on site with a frontage road and Planning Commission recommends approval as proposed by the applicant (4-2-1; Levy & Zito Opposed, James Absent).

PDC03-068 - District 4 RECOMMEND CONTINUANCE TO 4/20/04
Supplemental
Supplemental 2
Attachment A
Attachment B

 

12.3          Public Hearing on General Plan amendment for property located on both sides of Rosemar Court, north of Rosemar Avenue on an 8.5-acre site.

 

*Recommendation: PUBLIC HEARING ON GENERAL PLAN AMENDMENT request to change the Land Use/Transportation Diagram designation from Estate Residential (1.0 DU/AC) to Very Low Density Residential (2.0 DU/AC) for property located on both sides of Rosemar Court, north of Rosemar Avenue on an 8.5-acre site.  (Rosemar Enterprises Corp., Owners/Gerry De Young, Applicant).  CEQA:  Mitigated Negative Declaration, GP03-05-08.  Director of Planning, Building and Code Enforcement recommends approval and Planning Commission recommends denial (4-3-0; Campos, Levy & James opposed).

GP03-05-08 - District 5
Attachment A

*            RECOMMEND CONTINUANCE TO 6/1/04

 

12.4          Adoption of a resolution approving all General Plan amendment actions taken on March 16, 2004.

 

            Recommendation:  Adoption of a resolution approving all General Plan amendment actions taken on March 16, 2004.  (Planning, Building and Code Enforcement)

 

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

 

             In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's pending decision on the following Final Maps:

 

            None.

 

            In accordance with Sec. 19.16.140d of the San Jose Municipal Code, this is notice of the City Engineer's receipt of the following Final Maps for review:

 

            None.

 

·                   Open Forum

 

·                   Adjournment

 

 

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