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.
2.8 Parkland Agreement for Construction of Madden Park.
(a) Approve the Third Amendment to Parkland Agreement for Tentative Map No. PT04-015 between City of San José and Jackson Square, LLC, to extend the completion date to construct and dedicate Madden Park to the City.
(b) Adopt a resolution authorizing the City Manager, or designee, to negotiate and execute a Fourth Amendment to the Turnkey Parkland Agreement for Tentative Map No. PT04-015 between the City and Jackson Square, LLC to defer completion of the park improvements and dedication of Madden Park from December 31, 2009 to June 30, 2010 in the event that additional time is required to complete the park improvements.
CEQA: Mitigated Negative Declaration, Ordinance No. 27151. Council District 5. (Parks, Recreation and Neighborhood Services)
2.12 Downtown San José Property-Based Business Improvement District Annual Report for Fiscal Year 2009-2010.
(a) Approving the Downtown San José Property-Based Business Improvement District Annual Report for Fiscal Year 2009-2010 as filed or modified by Council;
(b) Confirming the individual assessments as proposed or modified by Council, including the assessment on City owned property of approximately $313,000 and the assessment on Redevelopment Agency property of approximately $68,000;
(c) Directing the City baseline services contribution in the amount of $356,726, and assessment payment be made;
2.17 Waiver of Outdoor Event Cancellation Fees Ordinance.
(a) Authorizing the Director of Parks, Recreation and Neighborhood Services (PRNS) to waive outdoor event cancellation fees, under the conditions outlined in the ordinance, for events scheduled prior to October 31, 2009.
(b) Authorizing the City Manager to extend the Director of PRNS authority for waiving outdoor event cancellation fees, through October 31, 2010, if economic conditions continue to warrant the waiver of the cancellation fees.
CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
(Rules Committee referral 6/10/09)
3. STRATEGIC SUPPORT SERVICES
3.8 Approve the FY 2009-2010 Operating and Capital Budgets for the City of San José and Schedule of Fees and Charges.
(a) (1) Adopt resolutions approving the Operating Budget for Fiscal Year 2009-2010 for the City of San José, the Capital Budget for Fiscal Year 2009-2010 for the City of San José, and the Five Year Capital Improvement Program for Fiscal Year 2010-2014 for the City of San José as revised by the Mayor's Budget Message and directing the City Manager to prepare final documents for adoption.
(b) Approve an Ordinance amending Section 4.46.050 of Chapter 4.46 and Section 4.47.040 of Chapter 4.47 of Title 4 of the San José Municipal Code revising the reference to the valuation tables used to calculate the Building and Structure Construction Tax and Commercial-Residential-Mobilehome Park Building Tax from the current International Conference of Building Officials to its current successor organization, the International Code Council, and to future successor organizations' building valuation tables. CEQA: Not a Project. (Economic Development/Transportation/Planning, Building and Code Enforcement)
(c) Adopt a resolution to repeal Resolution No. 74789 and set forth the Schedule of Parking Penalties and Late Payment Penalty for Parking Violations to include a courthouse construction parking penalty fee of $4.50, to increase certain other parking penalties and the late payment penalty, and make additions, deletions and corrections to the schedule, effective July 1, 2009. CEQA: Not a Project. (Transportation)
(d) (1) Approve an ordinance amending Part 1 of the San José Municipal Code Chapter 10.42 to repeal the sixty-day reporting period, provide for a warning on the first offense within a 12 month period, and make the responsible parties subject to an administrative citation if a second or subsequent false alarm occurs on the same premises within the twelve-month period following the initial false alarm.
3.12 Agreement Between City and Operating Engineers, Local No. 3, or, in the alternative, Implementation of the City's Final Offer to Operating Engineers, Local No. 3.
(b) In the alternative, in the absence of an agreement, adopt a resolution approving the implementation of the terms, as described in the memorandums dated May 21, 2009 and June 1, 2009, for employees represented by Operating Engineers, Local No. 3, effective June 28, 2009.
CEQA: Not a Project. (City Manager's Office)
(Deferred from 6/9/09 - Item 3.6)
TO BE HEARD IMMEDIATELY FOLLOWING CONSENT CALENDAR AND BEFORE ITEM 3.4
9. JOINT COUNCIL/REDEVELOPMENT AGENCY (For agenda order, see Call to Order and Roll Call, page 1) See Item 8.1 "Approval of actions related to the San José McEnery Convention Center Expansion" on the Redevelopment Agency Agenda, which will be heard and action taken only during the Redevelopment Agency Meeting that follows the Council Meeting today. CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 9.1 AND 9.2 IN A JOINT SESSION
9.2 Actions Related to the Formation of a Convention Center Facilities District.
(c) Adopt a resolution by the City Council initiating validation proceedings to have a court confirm the City's legal authority to levy a special tax and issue bonds secured by the special tax.
(d) Adopt a resolution by the Agency Board authorizing the General Counsel to negotiate and execute a Second Amendment to the Agreement with Orrick, Herrington & Sutcliff, LLP to add $35,000 for legal services related to the validation action for a total contract amount not to exceed $135,000.
CEQA: Resolution No. 72767 and Addenda thereto, File No. PP08-002. (City Manager's Office/Redevelopment Agency)
TO BE HEARD IN CONJUNCTION WITH REDEVELOPMENT AGENCY AGENDA ITEM 8.1 "APPROVAL OF ACTIONS RELATED TO THE SAN JOSE MCENERY CONVENTION CENTER EXPANSION"
Open Forum (To be heard no earlier than 3:30 p.m.)
Members of the Public are invited to speak on any item that does not appear on today's Agenda and that is within the subject matter jurisdiction of the City Council or Redevelopment Agency Board.
6. PUBLIC FACILITIES AND SPACES
7. PRIVATE DEVELOPMENT
7.1 Approval of a Reimbursement Agreement with Shocking Technologies, Inc., for acquisition of capital equipment.
(a) Approval of a Reimbursement Agreement with Shocking Technologies Inc., in an amount not to exceed $500,000, for acquisition of capital equipment to be installed in Shocking Technologies' industrial and manufacturing headquarters facility.
7.2 Approval of a Reimbursement Agreement with Borgata Recycling Inc., for acquisition of capital equipment. Recommendations:
(a) Approval of a Reimbursement Agreement with Borgata Recycling, Inc., in an amount not to exceed $385,000, for acquisition of capital equipment for manufacturing to be installed at Borgata Recycling's headquarters in the Monterey Corridor Redevelopment Project Area.
4.COMMUNITY & ECONOMIC DEVELOPMENT
4.2 Public Hearings on Business Improvement District Reports for FY 2009-2010.
(a) Conduct public hearing and adopt a resolution approving the Hotel Business Improvement District budget report for Fiscal Year 2009-10, as filed or as modified by the Council, and to levy the Hotel BID assessments for 2009-2010. CEQA: Exempt, File No. PP08-048. Council District 3. (Economic Development)
(b) Conduct public hearing and adopt a resolution approving the Downtown Business Improvement District budget report for Fiscal Year 2009-10, as filed or as modified by the Council, and to levy the Downtown BID assessments for 2009-2010. CEQA: Exempt, File No. PP08-048. Council District 3. SNI: St. James Square; University; Josefa/Auzerais; Burbank/Del Monte. (Economic Development)
(c) Conduct public hearing and adopt a resolution approving the Japantown Business Improvement District budget report for Fiscal Year 2009-10, as filed or as modified by the Council, and to levy the Japantown BID assessments for 2009-2010. CEQA: Exempt, File No. PP08-048. Council District 3. (Economic Development)
(d) Conduct public hearing and adoption of a resolution to approve the Willow Glen Business Improvement District budget report for Fiscal Year 2009-10, as filed or as modified by Council, and to levy the Willow Glen BID assessment for 2009-2010. CEQA: Exempt, File No. PP08-048. Council District 6. (Economic Development)
4.4 North San José Area Development Policy.
(b) Accept Revised North San José Area Traffic Impact Fee Study dated May 2009 and approve an ordinance amending the North San José Area Traffic Impact Fee.
(c) Defer discussion of the proposal to add capacity within the Policy to allow for up to one million square feet of large scale regional commercial uses and up to 2,000 hotel rooms outside the Core Area, and to decrease the capacity for new industrial uses by two million square feet; and acceptance the North San José Neighborhoods Plan to allow for additional community outreach to occur.
CEQA: Resolution No. 72768, Addendum to the North San José Policy Update EIR. Council Districts 3 and 4. (Planning, Building and Code Enforcement)
[Referred from 5/19/09 - Item 11.1(a)]
(Deferred from 6/9/09 - Item 4.2)
TO BE HEARD IN THE EVENING
5. NEIGHBORHOOD SERVICES
5.2 Surplus Properties.
(a) Adopt a resolution declaring the 20 properties listed below and detailed in Attachment A of the memorandum as surplus to the needs of the City, and authorizing the City Manager to sell or lease such properties in accordance with the Municipal Code, and any other City policies, as they may be amended from time to time, and in accordance with applicable state law:
(b) Direct staff to conduct community outreach to solicit public input on alternative uses, leasing potential, and/or sale of the 7 recently identified under-utilized City-owned properties included in Attachment B, with particular emphasis on identifying revenue generating and cost reducing options.
CEQA: Not a Project. Appropriate CEQA review will be completed prior to City action to dispose of any surplus parcels. (Public Works/General Services)
5.4 Happy Hollow Park & Zoo Parks Bond Project.
(a) Approve the third amendment to the master agreement for consultant services with Portico, Inc., for the Happy Hollow Park & Zoo Parks Bond Project increasing the compensation by $150,000 from $7,750,000 for a total agreement amount not to exceed $7,900,000 and extending the agreement duration from April 30, 2010 to December 31, 2010.
(b) Approve Contract Change Order No. 31 with West Bay Builders, Inc. for the Happy Hollow Park & Zoo - Zoo and Attractions Phase IIA Parks Bond Project in the amount of $1,219,864 for a total contract amount of $41,607,829 and extending the construction contract duration from August 11, 2009 to October 2, 2009.
(c) Approve an increase in the construction contingency by one percent (1%) in the amount of $392,550 for a total construction contract contingency of $3,140,400 to provide funding for Contract Change Order No. 31 and any unanticipated work necessary for the completion of the balance of the construction.
(d) Approve project delivery cost increase in the amount of $50,000 to provide engineering and inspection services to the project for the extended contract duration from August 11, 2009 to October 2, 2009.
CEQA: Mitigated Negative Declaration, File No. PP05-142, dated April, 2007 and Amended Mitigated Negative Declaration, File No. PP09-023, dated February 6, 2009. (Public Works/Parks, Recreation and Neighborhood Services)
6. TRANSPORTATION & AVIATION SERVICES
7. ENVIRONMENTAL & UTILITY SERVICES
7.3 Water Supply Agreement and Water Sales Contract with the City and County of San Francisco.
(a) Adopt a resolution approving the Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County, and authorizing the City Manager to negotiate and execute the Agreement on behalf of the City of San José.
(b) Adopt a resolution authorizing the City Manager to negotiate and execute San José's Individual Water Sales Contract with the City of San Francisco.
1. CEREMONIAL ITEMS
10.GENERAL PLAN PUBLIC HEARINGS ON CONSENT CALENDAR (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 10.1) 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 10.1) and considered separately.
10.1 Tentative approval of General Plan Consent Calendar items.
(a) Amendment on approximately 0.72 acres on the southwest corner of Tully Road and McLaughlin Avenue (1100 Tully Road). Tentative approval of a General Plan amendment request to change the San José 2020 General Plan Land Use/ Transportation Diagram designation from Medium Low Density Residential (8 DU/AC) to General Commercial on a 0.72-acre site located on the southwest corner of Tully Road and McLaughlin Avenue (1100 Tully Road). (Borello, John L. and Anita C. Trustee & Et Al, Owner/Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
GP08-07-01 - District 7
(b) Text Amendment to incorporate the Evergreen-East Hills Development Policy into the San José 2020 General Plan. Tentative approval of a General Plan text amendment request to incorporate the Evergreen-East Hills Development Policy into the San José 2020 General Plan. (City of San José, Applicant). CEQA: Evergreen-East Hills Development Policy Final Supplemental Environmental Impact Report certified by the City Council on December 16, 2008, Resolution No. 74742. SNI: West Evergreen, K.O.N.A., & East Valley/680. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
GP08-T-09 - Districts 5, 7, & 8
(c) Amendment on 9.1 acres on the northeast side of San Felipe Road, 800 feet north of Silver Creek Road and at the terminus of Grand Oak Way. Tentative approval of a General Plan request to change the Land Use/Transportation Diagram designation from Very Low Density Residential (2 DU/AC) to Low Density Residential (5 DU/AC) on a 9.1-acre site located on the northeast side of San Felipe Road, approximately 800 feet north of Silver Creek Road and at the terminus of Grand Oak Way (DAL Properties, LLC, Applicant/Owner). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-1-0). GP08-08-02 - District 8 END OF GENERAL PLAN PUBLIC HEARINGS ON CONSENT CALENDAR
11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.) Notice to the public: There will be no separate discussion of Public Hearings Consent Calendar (Item 11.1) 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 Public Hearings Consent Calendar (Item 11.1) and considered separately.
Jun 16, 2009 City Council
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.
2.8 Parkland Agreement for Construction of Madden Park.
(a) Approve the Third Amendment to Parkland Agreement for Tentative Map No. PT04-015 between City of San José and Jackson Square, LLC, to extend the completion date to construct and dedicate Madden Park to the City.
(b) Adopt a resolution authorizing the City Manager, or designee, to negotiate and execute a Fourth Amendment to the Turnkey Parkland Agreement for Tentative Map No. PT04-015 between the City and Jackson Square, LLC to defer completion of the park improvements and dedication of Madden Park from December 31, 2009 to June 30, 2010 in the event that additional time is required to complete the park improvements.
CEQA: Mitigated Negative Declaration, Ordinance No. 27151. Council District 5. (Parks, Recreation and Neighborhood Services)
2.12 Downtown San José Property-Based Business Improvement District Annual Report for Fiscal Year 2009-2010.
(a) Approving the Downtown San José Property-Based Business Improvement District Annual Report for Fiscal Year 2009-2010 as filed or modified by Council;
(b) Confirming the individual assessments as proposed or modified by Council, including the assessment on City owned property of approximately $313,000 and the assessment on Redevelopment Agency property of approximately $68,000;
(c) Directing the City baseline services contribution in the amount of $356,726, and assessment payment be made;
2.17 Waiver of Outdoor Event Cancellation Fees Ordinance.
(a) Authorizing the Director of Parks, Recreation and Neighborhood Services (PRNS) to waive outdoor event cancellation fees, under the conditions outlined in the ordinance, for events scheduled prior to October 31, 2009.
(b) Authorizing the City Manager to extend the Director of PRNS authority for waiving outdoor event cancellation fees, through October 31, 2010, if economic conditions continue to warrant the waiver of the cancellation fees.
CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
(Rules Committee referral 6/10/09)
3. STRATEGIC SUPPORT SERVICES
3.8 Approve the FY 2009-2010 Operating and Capital Budgets for the City of San José and Schedule of Fees and Charges.
(a) (1) Adopt resolutions approving the Operating Budget for Fiscal Year 2009-2010 for the City of San José, the Capital Budget for Fiscal Year 2009-2010 for the City of San José, and the Five Year Capital Improvement Program for Fiscal Year 2010-2014 for the City of San José as revised by the Mayor's Budget Message and directing the City Manager to prepare final documents for adoption.
(b) Approve an Ordinance amending Section 4.46.050 of Chapter 4.46 and Section 4.47.040 of Chapter 4.47 of Title 4 of the San José Municipal Code revising the reference to the valuation tables used to calculate the Building and Structure Construction Tax and Commercial-Residential-Mobilehome Park Building Tax from the current International Conference of Building Officials to its current successor organization, the International Code Council, and to future successor organizations' building valuation tables. CEQA: Not a Project. (Economic Development/Transportation/Planning, Building and Code Enforcement)
(c) Adopt a resolution to repeal Resolution No. 74789 and set forth the Schedule of Parking Penalties and Late Payment Penalty for Parking Violations to include a courthouse construction parking penalty fee of $4.50, to increase certain other parking penalties and the late payment penalty, and make additions, deletions and corrections to the schedule, effective July 1, 2009. CEQA: Not a Project. (Transportation)
(d) (1) Approve an ordinance amending Part 1 of the San José Municipal Code Chapter 10.42 to repeal the sixty-day reporting period, provide for a warning on the first offense within a 12 month period, and make the responsible parties subject to an administrative citation if a second or subsequent false alarm occurs on the same premises within the twelve-month period following the initial false alarm.
3.12 Agreement Between City and Operating Engineers, Local No. 3, or, in the alternative, Implementation of the City's Final Offer to Operating Engineers, Local No. 3.
(b) In the alternative, in the absence of an agreement, adopt a resolution approving the implementation of the terms, as described in the memorandums dated May 21, 2009 and June 1, 2009, for employees represented by Operating Engineers, Local No. 3, effective June 28, 2009.
CEQA: Not a Project. (City Manager's Office)
(Deferred from 6/9/09 - Item 3.6)
TO BE HEARD IMMEDIATELY FOLLOWING CONSENT CALENDAR AND BEFORE ITEM 3.4
9. JOINT COUNCIL/REDEVELOPMENT AGENCY (For agenda order, see Call to Order and Roll Call, page 1) See Item 8.1 "Approval of actions related to the San José McEnery Convention Center Expansion" on the Redevelopment Agency Agenda, which will be heard and action taken only during the Redevelopment Agency Meeting that follows the Council Meeting today. CONVENE REDEVELOPMENT AGENCY BOARD TO CONSIDER ITEMS 9.1 AND 9.2 IN A JOINT SESSION
9.2 Actions Related to the Formation of a Convention Center Facilities District.
(c) Adopt a resolution by the City Council initiating validation proceedings to have a court confirm the City's legal authority to levy a special tax and issue bonds secured by the special tax.
(d) Adopt a resolution by the Agency Board authorizing the General Counsel to negotiate and execute a Second Amendment to the Agreement with Orrick, Herrington & Sutcliff, LLP to add $35,000 for legal services related to the validation action for a total contract amount not to exceed $135,000.
CEQA: Resolution No. 72767 and Addenda thereto, File No. PP08-002. (City Manager's Office/Redevelopment Agency)
TO BE HEARD IN CONJUNCTION WITH REDEVELOPMENT AGENCY AGENDA ITEM 8.1 "APPROVAL OF ACTIONS RELATED TO THE SAN JOSE MCENERY CONVENTION CENTER EXPANSION"
Open Forum (To be heard no earlier than 3:30 p.m.)
Members of the Public are invited to speak on any item that does not appear on today's Agenda and that is within the subject matter jurisdiction of the City Council or Redevelopment Agency Board.
6. PUBLIC FACILITIES AND SPACES
7. PRIVATE DEVELOPMENT
7.1 Approval of a Reimbursement Agreement with Shocking Technologies, Inc., for acquisition of capital equipment.
(a) Approval of a Reimbursement Agreement with Shocking Technologies Inc., in an amount not to exceed $500,000, for acquisition of capital equipment to be installed in Shocking Technologies' industrial and manufacturing headquarters facility.
7.2 Approval of a Reimbursement Agreement with Borgata Recycling Inc., for acquisition of capital equipment. Recommendations:
(a) Approval of a Reimbursement Agreement with Borgata Recycling, Inc., in an amount not to exceed $385,000, for acquisition of capital equipment for manufacturing to be installed at Borgata Recycling's headquarters in the Monterey Corridor Redevelopment Project Area.
4.COMMUNITY & ECONOMIC DEVELOPMENT
4.2 Public Hearings on Business Improvement District Reports for FY 2009-2010.
(a) Conduct public hearing and adopt a resolution approving the Hotel Business Improvement District budget report for Fiscal Year 2009-10, as filed or as modified by the Council, and to levy the Hotel BID assessments for 2009-2010. CEQA: Exempt, File No. PP08-048. Council District 3. (Economic Development)
(b) Conduct public hearing and adopt a resolution approving the Downtown Business Improvement District budget report for Fiscal Year 2009-10, as filed or as modified by the Council, and to levy the Downtown BID assessments for 2009-2010. CEQA: Exempt, File No. PP08-048. Council District 3. SNI: St. James Square; University; Josefa/Auzerais; Burbank/Del Monte. (Economic Development)
(c) Conduct public hearing and adopt a resolution approving the Japantown Business Improvement District budget report for Fiscal Year 2009-10, as filed or as modified by the Council, and to levy the Japantown BID assessments for 2009-2010. CEQA: Exempt, File No. PP08-048. Council District 3. (Economic Development)
(d) Conduct public hearing and adoption of a resolution to approve the Willow Glen Business Improvement District budget report for Fiscal Year 2009-10, as filed or as modified by Council, and to levy the Willow Glen BID assessment for 2009-2010. CEQA: Exempt, File No. PP08-048. Council District 6. (Economic Development)
4.4 North San José Area Development Policy.
(b) Accept Revised North San José Area Traffic Impact Fee Study dated May 2009 and approve an ordinance amending the North San José Area Traffic Impact Fee.
(c) Defer discussion of the proposal to add capacity within the Policy to allow for up to one million square feet of large scale regional commercial uses and up to 2,000 hotel rooms outside the Core Area, and to decrease the capacity for new industrial uses by two million square feet; and acceptance the North San José Neighborhoods Plan to allow for additional community outreach to occur.
CEQA: Resolution No. 72768, Addendum to the North San José Policy Update EIR. Council Districts 3 and 4. (Planning, Building and Code Enforcement)
[Referred from 5/19/09 - Item 11.1(a)]
(Deferred from 6/9/09 - Item 4.2)
TO BE HEARD IN THE EVENING
5. NEIGHBORHOOD SERVICES
5.2 Surplus Properties.
(a) Adopt a resolution declaring the 20 properties listed below and detailed in Attachment A of the memorandum as surplus to the needs of the City, and authorizing the City Manager to sell or lease such properties in accordance with the Municipal Code, and any other City policies, as they may be amended from time to time, and in accordance with applicable state law:
(b) Direct staff to conduct community outreach to solicit public input on alternative uses, leasing potential, and/or sale of the 7 recently identified under-utilized City-owned properties included in Attachment B, with particular emphasis on identifying revenue generating and cost reducing options.
CEQA: Not a Project. Appropriate CEQA review will be completed prior to City action to dispose of any surplus parcels. (Public Works/General Services)
5.4 Happy Hollow Park & Zoo Parks Bond Project.
(a) Approve the third amendment to the master agreement for consultant services with Portico, Inc., for the Happy Hollow Park & Zoo Parks Bond Project increasing the compensation by $150,000 from $7,750,000 for a total agreement amount not to exceed $7,900,000 and extending the agreement duration from April 30, 2010 to December 31, 2010.
(b) Approve Contract Change Order No. 31 with West Bay Builders, Inc. for the Happy Hollow Park & Zoo - Zoo and Attractions Phase IIA Parks Bond Project in the amount of $1,219,864 for a total contract amount of $41,607,829 and extending the construction contract duration from August 11, 2009 to October 2, 2009.
(c) Approve an increase in the construction contingency by one percent (1%) in the amount of $392,550 for a total construction contract contingency of $3,140,400 to provide funding for Contract Change Order No. 31 and any unanticipated work necessary for the completion of the balance of the construction.
(d) Approve project delivery cost increase in the amount of $50,000 to provide engineering and inspection services to the project for the extended contract duration from August 11, 2009 to October 2, 2009.
CEQA: Mitigated Negative Declaration, File No. PP05-142, dated April, 2007 and Amended Mitigated Negative Declaration, File No. PP09-023, dated February 6, 2009. (Public Works/Parks, Recreation and Neighborhood Services)
6. TRANSPORTATION & AVIATION SERVICES
7. ENVIRONMENTAL & UTILITY SERVICES
7.3 Water Supply Agreement and Water Sales Contract with the City and County of San Francisco.
(a) Adopt a resolution approving the Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County, and authorizing the City Manager to negotiate and execute the Agreement on behalf of the City of San José.
(b) Adopt a resolution authorizing the City Manager to negotiate and execute San José's Individual Water Sales Contract with the City of San Francisco.
1. CEREMONIAL ITEMS
10.GENERAL PLAN PUBLIC HEARINGS ON CONSENT CALENDAR (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 10.1) 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 10.1) and considered separately.
10.1 Tentative approval of General Plan Consent Calendar items.
(a) Amendment on approximately 0.72 acres on the southwest corner of Tully Road and McLaughlin Avenue (1100 Tully Road). Tentative approval of a General Plan amendment request to change the San José 2020 General Plan Land Use/ Transportation Diagram designation from Medium Low Density Residential (8 DU/AC) to General Commercial on a 0.72-acre site located on the southwest corner of Tully Road and McLaughlin Avenue (1100 Tully Road). (Borello, John L. and Anita C. Trustee & Et Al, Owner/Applicant). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
GP08-07-01 - District 7
(b) Text Amendment to incorporate the Evergreen-East Hills Development Policy into the San José 2020 General Plan. Tentative approval of a General Plan text amendment request to incorporate the Evergreen-East Hills Development Policy into the San José 2020 General Plan. (City of San José, Applicant). CEQA: Evergreen-East Hills Development Policy Final Supplemental Environmental Impact Report certified by the City Council on December 16, 2008, Resolution No. 74742. SNI: West Evergreen, K.O.N.A., & East Valley/680. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).
GP08-T-09 - Districts 5, 7, & 8
(c) Amendment on 9.1 acres on the northeast side of San Felipe Road, 800 feet north of Silver Creek Road and at the terminus of Grand Oak Way. Tentative approval of a General Plan request to change the Land Use/Transportation Diagram designation from Very Low Density Residential (2 DU/AC) to Low Density Residential (5 DU/AC) on a 9.1-acre site located on the northeast side of San Felipe Road, approximately 800 feet north of Silver Creek Road and at the terminus of Grand Oak Way (DAL Properties, LLC, Applicant/Owner). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-1-0). GP08-08-02 - District 8 END OF GENERAL PLAN PUBLIC HEARINGS ON CONSENT CALENDAR
11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.) Notice to the public: There will be no separate discussion of Public Hearings Consent Calendar (Item 11.1) 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 Public Hearings Consent Calendar (Item 11.1) and considered separately.
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