1. CEREMONIAL ITEMS
2. CONSENT CALENDAR
2.7 Grant from the California Energy Commission's RESCO Initiative for a 2009-2012 San José SMARTE Program.
2.8 Ordinance Revisions for Dental Mercury and Fats, Oils and Grease Programs.
(a) Approve proposed Dental Amalgam program and direct the City Attorney to draft an ordinance amending Chapter 15.14 of the San José Municipal Code to regulate dental practices under a Dental Wastewater Permit and require the installation of amalgam separators and implementation of Best Management Practices.
3. STRATEGIC SUPPORT SERVICES
3.5 2008-2009 Mid-Year Budget Actions related to the Downtown Entertainment Zone.
(b) Direct the City Attorney to prepare an ordinance to amend Title 20 of the San José Municipal Code to implement a soft-closing program for the Downtown Entertainment Zone to allow bars and nightclubs to stay open until 2:30 A.M. with a Conditional Use Permit.
4. COMMUNITY & ECONOMIC DEVELOPMENT
6. TRANSPORTATION & AVIATION SERVICES
7. ENVIRONMENTAL & UTILITY SERVICES
8. JOINT REDEVELOPMENT AGENCY/COUNCIL
8.1 Actions related to an Amended and Restated Disposition and Development Agreement with Block 3 Development Partners, LLC, for the development of Block 3.
(a) Adoption of a resolution by the City Council accepting the summary of costs and findings of the Amended Summary 33433 Report and the Estimated Reuse Valuation pursuant to the California Health and Safety Code Section 33433 for the development of Block 3, including additional Agency assistance for improvements to the ground floor commercial space and the public garage of Block 3, Phase I - The 88.
(b) Approval by the Redevelopment Agency Board of the Amended and Restated Disposition and Development Agreement with Block 3 Development Partners, LLC, for the development of Block 3 (Phase I -The 88 and Phase II) to increase Agency assistance to the Phase I project by $1,850,000 to attract a new grocery store and an additional $841,075 to address payment of other items arising out of the DDA for a total increase of $2,691,075; to revise the project description; and to modify the schedule of performance.
8.2 Approval of a Cooperation Agreement between the City and Agency and related actions for a proposed Spartan Keyes Neighborhood Action Center. Recommendations:
(a) Adoption of a resolution by the City Council making certain determinations required by Redevelopment Law, Health and Safety Code Section 33445, for Redevelopment Agency funding of construction of improvements for the proposed Spartan Keyes Neighborhood Action Center, which will be located in space proposed to be subleased for that purpose in the Spartan Keyes SNI area.
(c) City Council approval of a five-year sublease agreement with ROEM Development Corporation for 2,256 square feet of commercial space on the ground floor of a building located at 570 Keyes Street, at a rental rate of $2,256 per month for nine months of the first year of the sublease with the first three months free and annual increases of 3% for a total amount not to exceed $136,961 for the five-year sublease period.
(d) Adoption of a resolution by the City Council authorizing the City Manager to negotiate and execute any further ancillary agreements, sublease amendments or other documents necessary to complete the transaction.
8.3 Approval of a Building Rehabilitation and Loan Agreement with Urban Markets, LLC, for improvements related to the San Pedro Square Urban Market. Recommendations:It is recommended that:
(a) The Redevelopment Agency Board adopt a resolution approving a Building Rehabilitation and Loan Agreement with Urban Markets, LLC (Developer), in an amount not to exceed $5,000,000 for private improvements and $1,000,000 for off-site public improvements related to the San Pedro Square Urban Market generally located in the vicinity of 87 North San Pedro and 196 West Saint John Street and authorize the Executive Director to negotiate and execute all documents necessary to implement the transaction described in the Agreement.
(b)The Agency Board adopt a resolution approving a shift of $4,000,000 from the adopted FY 2009-2010 Two-Year Spending Plan to the FY 2008-2009 Adopted Capital Budget for the San Pedro Square Urban Market project line in the Merged Redevelopment Area, and amending the FY 2008-2009 Agency appropriations resolution.
(c)The City Council direct the City Attorney and City Administration to draft appropriate ordinances and/or documents for Phase 1 of the Project to allow:
(d)Direction by the Agency Board and City Council to staff to discuss with the Developer the alternatives for the future acquisition and/or use of the parking lot located directly west of the Fallon House (West Parking Lot) and the property referred to as the North Garage Space.
CEQA: Resolution No. 72767, Downtown Strategy 2000 Final EIR, File No. PP09-024. [SNI]
(TO BE HEARD IN THE EVENING)
8.4 Approval of an Amended and Restated DDA with Green Valley Corporation for development of property on the northwest corner of N. Second St. and E. Saint James St. Recommendations:
(a) Adoption of a resolution by the City Council accepting the 33433 Summary Report and Re-Use Valuation pursuant to the California Health and Safety Code Section 33433 for the sale and development of Agency-owned property on the northwest corner of North Second Street and East Saint James Street (APN 467-01-118).
(b) Adoption of a resolution by the Redevelopment Agency Board approving the Amended and Restated Disposition and Development Agreement (DDA) with Green Valley Corporation and authorizing the Executive Director to execute ancillary documents as contemplated by the Amended DDA to close escrow subject to compliance with the terms of the DDA, and to negotiate and execute amendments to the DDA substantially in conformance with the intent of the DDA and as reasonably necessary to conform to lender requirements.
CEQA: Administrative EIR Findings For Final Supplemental Environmental Impact Report for Park View Towers Project Adopted by Director of PBCE on 6/4/08 in connection with File Nos. H05-029, HP05-002 and HP05-003. [MERGED]
11. PUBLIC HEARINGS
11.1 Public Hearings on Consent Calendar.
(a) Consideration of an ordinance rezoning the real property located at the northwest corner of Blossom Hill Road and Poughkeepsie Road (161 Blossom Hill Road) from CN Commercial Neighborhood Zoning District to R-MH Mobilehome Park District to allow mobile home use on a 0.5 gross acre site (Barbaccia Properties Holdings, LLC, Owner). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
C08-064 - District 2
[Continued from 2/10/09 - Item 11.1(b)]
(c) Consideration of an ordinance rezoning the real property located on the southeast corner of McKee Road and N. 33rd Street (280 N 3rd Street) from the R-2 Residential and CP Commercial Pedestrian Zoning Districts to the CP Commercial Pedestrian Zoning District on a 0.51 gross acre site (Shirazi Amir Et Al, Owner). SNI: Five Wounds/Brookwood Terrace. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C08-053 - District 3
END OF PUBLIC HEARINGS ON CONSENT CALENDAR
Feb 24, 2009 City Council
1. CEREMONIAL ITEMS
2. CONSENT CALENDAR
2.7 Grant from the California Energy Commission's RESCO Initiative for a 2009-2012 San José SMARTE Program.
2.8 Ordinance Revisions for Dental Mercury and Fats, Oils and Grease Programs.
(a) Approve proposed Dental Amalgam program and direct the City Attorney to draft an ordinance amending Chapter 15.14 of the San José Municipal Code to regulate dental practices under a Dental Wastewater Permit and require the installation of amalgam separators and implementation of Best Management Practices.
3. STRATEGIC SUPPORT SERVICES
3.5 2008-2009 Mid-Year Budget Actions related to the Downtown Entertainment Zone.
(b) Direct the City Attorney to prepare an ordinance to amend Title 20 of the San José Municipal Code to implement a soft-closing program for the Downtown Entertainment Zone to allow bars and nightclubs to stay open until 2:30 A.M. with a Conditional Use Permit.
4. COMMUNITY & ECONOMIC DEVELOPMENT
6. TRANSPORTATION & AVIATION SERVICES
7. ENVIRONMENTAL & UTILITY SERVICES
8. JOINT REDEVELOPMENT AGENCY/COUNCIL
8.1 Actions related to an Amended and Restated Disposition and Development Agreement with Block 3 Development Partners, LLC, for the development of Block 3.
(a) Adoption of a resolution by the City Council accepting the summary of costs and findings of the Amended Summary 33433 Report and the Estimated Reuse Valuation pursuant to the California Health and Safety Code Section 33433 for the development of Block 3, including additional Agency assistance for improvements to the ground floor commercial space and the public garage of Block 3, Phase I - The 88.
(b) Approval by the Redevelopment Agency Board of the Amended and Restated Disposition and Development Agreement with Block 3 Development Partners, LLC, for the development of Block 3 (Phase I -The 88 and Phase II) to increase Agency assistance to the Phase I project by $1,850,000 to attract a new grocery store and an additional $841,075 to address payment of other items arising out of the DDA for a total increase of $2,691,075; to revise the project description; and to modify the schedule of performance.
8.2 Approval of a Cooperation Agreement between the City and Agency and related actions for a proposed Spartan Keyes Neighborhood Action Center. Recommendations:
(a) Adoption of a resolution by the City Council making certain determinations required by Redevelopment Law, Health and Safety Code Section 33445, for Redevelopment Agency funding of construction of improvements for the proposed Spartan Keyes Neighborhood Action Center, which will be located in space proposed to be subleased for that purpose in the Spartan Keyes SNI area.
(c) City Council approval of a five-year sublease agreement with ROEM Development Corporation for 2,256 square feet of commercial space on the ground floor of a building located at 570 Keyes Street, at a rental rate of $2,256 per month for nine months of the first year of the sublease with the first three months free and annual increases of 3% for a total amount not to exceed $136,961 for the five-year sublease period.
(d) Adoption of a resolution by the City Council authorizing the City Manager to negotiate and execute any further ancillary agreements, sublease amendments or other documents necessary to complete the transaction.
8.3 Approval of a Building Rehabilitation and Loan Agreement with Urban Markets, LLC, for improvements related to the San Pedro Square Urban Market. Recommendations:It is recommended that:
(a) The Redevelopment Agency Board adopt a resolution approving a Building Rehabilitation and Loan Agreement with Urban Markets, LLC (Developer), in an amount not to exceed $5,000,000 for private improvements and $1,000,000 for off-site public improvements related to the San Pedro Square Urban Market generally located in the vicinity of 87 North San Pedro and 196 West Saint John Street and authorize the Executive Director to negotiate and execute all documents necessary to implement the transaction described in the Agreement.
(b)The Agency Board adopt a resolution approving a shift of $4,000,000 from the adopted FY 2009-2010 Two-Year Spending Plan to the FY 2008-2009 Adopted Capital Budget for the San Pedro Square Urban Market project line in the Merged Redevelopment Area, and amending the FY 2008-2009 Agency appropriations resolution.
(c)The City Council direct the City Attorney and City Administration to draft appropriate ordinances and/or documents for Phase 1 of the Project to allow:
(d)Direction by the Agency Board and City Council to staff to discuss with the Developer the alternatives for the future acquisition and/or use of the parking lot located directly west of the Fallon House (West Parking Lot) and the property referred to as the North Garage Space.
CEQA: Resolution No. 72767, Downtown Strategy 2000 Final EIR, File No. PP09-024. [SNI]
(TO BE HEARD IN THE EVENING)
8.4 Approval of an Amended and Restated DDA with Green Valley Corporation for development of property on the northwest corner of N. Second St. and E. Saint James St. Recommendations:
(a) Adoption of a resolution by the City Council accepting the 33433 Summary Report and Re-Use Valuation pursuant to the California Health and Safety Code Section 33433 for the sale and development of Agency-owned property on the northwest corner of North Second Street and East Saint James Street (APN 467-01-118).
(b) Adoption of a resolution by the Redevelopment Agency Board approving the Amended and Restated Disposition and Development Agreement (DDA) with Green Valley Corporation and authorizing the Executive Director to execute ancillary documents as contemplated by the Amended DDA to close escrow subject to compliance with the terms of the DDA, and to negotiate and execute amendments to the DDA substantially in conformance with the intent of the DDA and as reasonably necessary to conform to lender requirements.
CEQA: Administrative EIR Findings For Final Supplemental Environmental Impact Report for Park View Towers Project Adopted by Director of PBCE on 6/4/08 in connection with File Nos. H05-029, HP05-002 and HP05-003. [MERGED]
11. PUBLIC HEARINGS
11.1 Public Hearings on Consent Calendar.
(a) Consideration of an ordinance rezoning the real property located at the northwest corner of Blossom Hill Road and Poughkeepsie Road (161 Blossom Hill Road) from CN Commercial Neighborhood Zoning District to R-MH Mobilehome Park District to allow mobile home use on a 0.5 gross acre site (Barbaccia Properties Holdings, LLC, Owner). CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
C08-064 - District 2
[Continued from 2/10/09 - Item 11.1(b)]
(c) Consideration of an ordinance rezoning the real property located on the southeast corner of McKee Road and N. 33rd Street (280 N 3rd Street) from the R-2 Residential and CP Commercial Pedestrian Zoning Districts to the CP Commercial Pedestrian Zoning District on a 0.51 gross acre site (Shirazi Amir Et Al, Owner). SNI: Five Wounds/Brookwood Terrace. CEQA: Resolution No. 65459. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
C08-053 - District 3
END OF PUBLIC HEARINGS ON CONSENT CALENDAR
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