(a) Conduct a Public Hearing regarding an economic subsidy in connection with a Capital Equipment and Assistance Agreement with Vander-Bend Manufacturing, pursuant to California Government Code Section 53083; and
(b) Adopt a resolution authorizing the City Manager to execute a Capital Equipment and Assistance Agreement with Vander-Bend Manufacturing in which the City will provide an amount not to exceed $100,000 for the acquisition of production and assembly equipment at Vander-Bend's new headquarters and production facilities in San José.
CEQA: Exempt, File No. PP14-044. (Economic Development)
(a) Adopt a resolution authorizing the execution and delivery of a master equipment lease/purchase agreement with Banc of America Public Capital Corp, as lessor, and separate schedules thereto for the acquisition, purchase, financing and leasing of certain equipment that constitutes an energy conservation facility in a principal amount not to exceed $30,000,000; authorizing the execution and delivery of other documents required in connection therewith; and authorizing the taking of all other actions related thereto;
(b) Adopt a resolution authorizing the Director of Public Works to negotiate and execute an amendment to the Energy Services Agreement with Chevron Energy Solutions increasing the maximum compensation from $21,093,029 to $23,482,781 to accommodate the conversion of 3,127 additional streetlights to LED technologies; and
(c) Adopt the following Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund for 2013-2014:
(a) Approving a funding commitment to King Road Associates, a California Limited Partnership, for a conditional grant of up to $920,984 for the rehabilitation of Creekview Inn Apartments, located at 965 Lundy Avenue, to provide ten studio apartments for extremely low-income homeless individuals referred by the City;
(b) Authorizing the Director of Housing, or designee, to set the specific business terms and negotiate and execute all documents necessary to implement the rehabilitation, Project-Based Rental Assistance and operating subsidy, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary in connection with the rehabilitation grant, rental assistance, and operating subsidy.
CEQA: Exempt, File No. PP13-108. Council District 4. (Housing)
(a) Finding that the cost of the proposed design-build contract for the United States Patent and Trademark Office Project ("Project") is likely to exceed $5,000,000, and the use of a design-build delivery method process is likely to save money and/or result in faster Project completion than if the City used the traditional design-bid-build method of Project delivery;
(b) Approving a Request for Proposals and the criteria and process by which the City shall select a design-build entity for the Project; and
(c) Authorizing the Director of Public Works to issue addenda to the Request for Proposals to add any additional requirements of the United States Patent and Trademark Office and to make such other revisions to the Request for Proposals that are consistent with the scope and selection criteria as approved by Council.
CEQA: Exempt, File No. PP14-031. Council District 3. (Public Works)
(a) Environmental Science Associates in an amount not to exceed $2,125,000;
(b) CH2M Hill Engineers, Inc. in an amount not to exceed $500,000; and
(c) David J. Powers & Associates, Inc. in an amount not to exceed $375,000.
CEQA: Not a Project, File No. PP10-066(d), Consultant Services. (Environmental Services)
(a) Report on bids and award of a construction contract for 7100 - Digester Gas Compressor Upgrade Project to the low bidder, Anderson Pacific Engineering and Construction, Inc., for the base bid in the amount of $11,316,000, and approval of a ten percent contingency in the amount of $1,131,600.
(b) Adopt the following 2013-2014 Appropriation Ordinance Amendments in the San José-Santa Clara Treatment Plant Capital Fund:
(a) Approve an ordinance of the City of San José repealing suspended ordinance no. 28958 except for those Sections of Title 20 of the San José Municipal Code related to Zoning Code Verification Certificates previously unsuspended by Ordinance No. 29089, and amending Title 20 by amending Section 20.10.040 of Chapter 20.10, amending Section 20.40.100 of Chapter 20.40; amending Section 20.50.100 of Chapter 20.50, amending Section 20.70.100 of Chapter 20.70, adding a new Part 9.75 to Chapter 20.80, and adding new Sections 20.100.1530, 20.100.1535 and 20.100.1540 to Part 13 of Chapter 20.100, all to establish Land Use regulations pertaining to medical marijuana collectives;
(b) Approve an ordinance of the City of San José amending Title 6 of the San José Municipal Code to add a new Chapter 6.88 to establish a registration process pertaining to medical marijuana collectives; and, to establish regulations pertaining to medical marijuana collectives and to the individual cultivation and use of medical marijuana; and
(c) Discussion of regulating campaign contributions by medical marijuana establishments, and other regulated businesses, to political candidates.
CEQA: Addendum to Negative Declaration File No. PP11-039 as previously addended; File No. PP14-030. Planning Commission recommends approval with modifications described in the transmittal memo. (City Manager/Planning, Building and Code Enforcement/Police)
(Continued from 5/13/14 - Item 8.1)
Public testimony was taken at the May 13, 2014 City Council meeting. A motion was made and tabled for continued action on the May 20, 2014 agenda. No future public testimony will be taken.
TO BE HEARD LAST IN THE AFTERNOON
(a) As recommended by the Transportation and Environment Committee on May 5, 2014, accept status report on the City's Deferred Maintenance and Infrastructure Backlog; and
(a) General Plan Amendment for Dove Hill Road.
As recommended by the Rules and Open Government Committee on April 23, 2014, direct staff to bring forward a City-initiated General Plan amendment for GP08-08-03 to change the land use designation back to Non-Urban Hillside from Public/Quasi-Public. (Herrera)
[Rules Committee referral 4/23/14 - Item G(2)]
END OF GENERAL PLAN PUBLIC HEARINGS ON CONSENT CALENDAR
(a) Certify the Environmental Impact Report for the Diridon Station Area Plan, and adopt a resolution making certain findings concerning significant environmental impacts, mitigation measures and alternatives, adopting a mitigation monitoring and reporting program, and adopting a statement of overriding considerations, all in accordance with the California Environmental Quality Act (CEQA);
(b) Approve the Diridon Station Area Plan, Implementation Strategy Report and Art Master Plan to provide a framework for transforming the Diridon Station area into a regional transportation hub and a regional employment and entertainment destination;
(c) Adopt a resolution to approve the addition of the Park Avenue/Naglee Avenue, The Alameda/Naglee Avenue, and Lincoln Avenue/San C arlos Street intersections to the protected intersections list pursuant to the provisions of the City's Transportation Impact Policy (City Policy 5-3);
(d) Adopt a resolution approving text amendments to the Envision San José 2040 General Plan to incorporate the Diridon Station Area Plan into the General Plan and designate it as an Urban Village, and to make the following General Plan Land Use/Transportation Diagram changes:
(e) Accept the Diridon Station Area Plan 10-Year Horizon Analysis as a guide to assess the parking needs of near term development in the Central Zone of the Plan area, to identify opportunities for shared parking, and to ensure that the provisions in the City of San José - San José Arena Management agreement continue to be met.
CEQA: Diridon Station Area Plan Environmental Impact Report (File No. PP09-163). Planning Commission recommends approval (5-0-2). (Planning, Building and Code Enforcement)
10.3 Continuance of all General Plan Amendment Actions from May 20, 2014 to June 3, 2014.
11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.)
(a) Adopt a resolution making certain findings and overriding the action of the Santa Clara County Airport Land Use Commission related to the subject Planned Development Rezoning described below; and
(b) Consider an ordinance rezoning the real property located on the south side of Balbach Street, 100 feet east of Almaden Avenue (110, 120, 150, 158, 160, 166, 172 and 180 Balbach Street) from the A(PD) Planned Development Zoning District to the A(PD) Planned Development Zoning District to allow a mixed-use development with 101 multi-family residential units, a 1405 square foot retail space, and an underground parking facility on an approximately 1.5 gross acre site (Balbach Street Properties LLC, Owner).
CEQA: Addendum to Downtown Strategy 2000 EIR, Resolution No. 72767. Planning Commission recommends approval (7-0-0). (Planning, Building and Code Enforcement)
PDC13-027 - District 3
(Deferred from 3/18/14 - Item 11.3 and 4/15/14 - Item 11.4)
(a) Adopt a resolution adopting the Mitigated Negative Declaration for the Huff Avenue Rezoning Project and a related Mitigation Monitoring and Reporting Program; and
(b) Consideration of an ordinance rezoning the real property located on the north side of Huff Avenue, approximately 350 feet west of South Baywood Avenue (2979 Huff Ave.) from the R-M Multiple Residence Zoning District to the A(PD) Planned Development Zoning District to allow up to 16 attached multi-family residential units on a 0.42 gross acre site (Strei LLC, Owner).
CEQA: Mitigated Negative Declaration Resolution to be adopted. Planning Commission recommends approval (6-0-1). (Planning, Building and Code Enforcement)
PDC13-011 - District 1
(a) Conduct a Public Hearing regarding an economic subsidy in connection with a Capital Equipment and Assistance Agreement with Vander-Bend Manufacturing, pursuant to California Government Code Section 53083; and
(b) Adopt a resolution authorizing the City Manager to execute a Capital Equipment and Assistance Agreement with Vander-Bend Manufacturing in which the City will provide an amount not to exceed $100,000 for the acquisition of production and assembly equipment at Vander-Bend's new headquarters and production facilities in San José.
CEQA: Exempt, File No. PP14-044. (Economic Development)
(a) Adopt a resolution authorizing the execution and delivery of a master equipment lease/purchase agreement with Banc of America Public Capital Corp, as lessor, and separate schedules thereto for the acquisition, purchase, financing and leasing of certain equipment that constitutes an energy conservation facility in a principal amount not to exceed $30,000,000; authorizing the execution and delivery of other documents required in connection therewith; and authorizing the taking of all other actions related thereto;
(b) Adopt a resolution authorizing the Director of Public Works to negotiate and execute an amendment to the Energy Services Agreement with Chevron Energy Solutions increasing the maximum compensation from $21,093,029 to $23,482,781 to accommodate the conversion of 3,127 additional streetlights to LED technologies; and
(c) Adopt the following Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund for 2013-2014:
(a) Approving a funding commitment to King Road Associates, a California Limited Partnership, for a conditional grant of up to $920,984 for the rehabilitation of Creekview Inn Apartments, located at 965 Lundy Avenue, to provide ten studio apartments for extremely low-income homeless individuals referred by the City;
(b) Authorizing the Director of Housing, or designee, to set the specific business terms and negotiate and execute all documents necessary to implement the rehabilitation, Project-Based Rental Assistance and operating subsidy, including, but not limited to, applications, agreements, amendments, and payment requests, which may be necessary in connection with the rehabilitation grant, rental assistance, and operating subsidy.
CEQA: Exempt, File No. PP13-108. Council District 4. (Housing)
(a) Finding that the cost of the proposed design-build contract for the United States Patent and Trademark Office Project ("Project") is likely to exceed $5,000,000, and the use of a design-build delivery method process is likely to save money and/or result in faster Project completion than if the City used the traditional design-bid-build method of Project delivery;
(b) Approving a Request for Proposals and the criteria and process by which the City shall select a design-build entity for the Project; and
(c) Authorizing the Director of Public Works to issue addenda to the Request for Proposals to add any additional requirements of the United States Patent and Trademark Office and to make such other revisions to the Request for Proposals that are consistent with the scope and selection criteria as approved by Council.
CEQA: Exempt, File No. PP14-031. Council District 3. (Public Works)
(a) Environmental Science Associates in an amount not to exceed $2,125,000;
(b) CH2M Hill Engineers, Inc. in an amount not to exceed $500,000; and
(c) David J. Powers & Associates, Inc. in an amount not to exceed $375,000.
CEQA: Not a Project, File No. PP10-066(d), Consultant Services. (Environmental Services)
(a) Report on bids and award of a construction contract for 7100 - Digester Gas Compressor Upgrade Project to the low bidder, Anderson Pacific Engineering and Construction, Inc., for the base bid in the amount of $11,316,000, and approval of a ten percent contingency in the amount of $1,131,600.
(b) Adopt the following 2013-2014 Appropriation Ordinance Amendments in the San José-Santa Clara Treatment Plant Capital Fund:
(a) Approve an ordinance of the City of San José repealing suspended ordinance no. 28958 except for those Sections of Title 20 of the San José Municipal Code related to Zoning Code Verification Certificates previously unsuspended by Ordinance No. 29089, and amending Title 20 by amending Section 20.10.040 of Chapter 20.10, amending Section 20.40.100 of Chapter 20.40; amending Section 20.50.100 of Chapter 20.50, amending Section 20.70.100 of Chapter 20.70, adding a new Part 9.75 to Chapter 20.80, and adding new Sections 20.100.1530, 20.100.1535 and 20.100.1540 to Part 13 of Chapter 20.100, all to establish Land Use regulations pertaining to medical marijuana collectives;
(b) Approve an ordinance of the City of San José amending Title 6 of the San José Municipal Code to add a new Chapter 6.88 to establish a registration process pertaining to medical marijuana collectives; and, to establish regulations pertaining to medical marijuana collectives and to the individual cultivation and use of medical marijuana; and
(c) Discussion of regulating campaign contributions by medical marijuana establishments, and other regulated businesses, to political candidates.
CEQA: Addendum to Negative Declaration File No. PP11-039 as previously addended; File No. PP14-030. Planning Commission recommends approval with modifications described in the transmittal memo. (City Manager/Planning, Building and Code Enforcement/Police)
(Continued from 5/13/14 - Item 8.1)
Public testimony was taken at the May 13, 2014 City Council meeting. A motion was made and tabled for continued action on the May 20, 2014 agenda. No future public testimony will be taken.
TO BE HEARD LAST IN THE AFTERNOON
(a) As recommended by the Transportation and Environment Committee on May 5, 2014, accept status report on the City's Deferred Maintenance and Infrastructure Backlog; and
(a) General Plan Amendment for Dove Hill Road.
As recommended by the Rules and Open Government Committee on April 23, 2014, direct staff to bring forward a City-initiated General Plan amendment for GP08-08-03 to change the land use designation back to Non-Urban Hillside from Public/Quasi-Public. (Herrera)
[Rules Committee referral 4/23/14 - Item G(2)]
END OF GENERAL PLAN PUBLIC HEARINGS ON CONSENT CALENDAR
(a) Certify the Environmental Impact Report for the Diridon Station Area Plan, and adopt a resolution making certain findings concerning significant environmental impacts, mitigation measures and alternatives, adopting a mitigation monitoring and reporting program, and adopting a statement of overriding considerations, all in accordance with the California Environmental Quality Act (CEQA);
(b) Approve the Diridon Station Area Plan, Implementation Strategy Report and Art Master Plan to provide a framework for transforming the Diridon Station area into a regional transportation hub and a regional employment and entertainment destination;
(c) Adopt a resolution to approve the addition of the Park Avenue/Naglee Avenue, The Alameda/Naglee Avenue, and Lincoln Avenue/San C arlos Street intersections to the protected intersections list pursuant to the provisions of the City's Transportation Impact Policy (City Policy 5-3);
(d) Adopt a resolution approving text amendments to the Envision San José 2040 General Plan to incorporate the Diridon Station Area Plan into the General Plan and designate it as an Urban Village, and to make the following General Plan Land Use/Transportation Diagram changes:
(e) Accept the Diridon Station Area Plan 10-Year Horizon Analysis as a guide to assess the parking needs of near term development in the Central Zone of the Plan area, to identify opportunities for shared parking, and to ensure that the provisions in the City of San José - San José Arena Management agreement continue to be met.
CEQA: Diridon Station Area Plan Environmental Impact Report (File No. PP09-163). Planning Commission recommends approval (5-0-2). (Planning, Building and Code Enforcement)
10.3 Continuance of all General Plan Amendment Actions from May 20, 2014 to June 3, 2014.
11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.)
(a) Adopt a resolution making certain findings and overriding the action of the Santa Clara County Airport Land Use Commission related to the subject Planned Development Rezoning described below; and
(b) Consider an ordinance rezoning the real property located on the south side of Balbach Street, 100 feet east of Almaden Avenue (110, 120, 150, 158, 160, 166, 172 and 180 Balbach Street) from the A(PD) Planned Development Zoning District to the A(PD) Planned Development Zoning District to allow a mixed-use development with 101 multi-family residential units, a 1405 square foot retail space, and an underground parking facility on an approximately 1.5 gross acre site (Balbach Street Properties LLC, Owner).
CEQA: Addendum to Downtown Strategy 2000 EIR, Resolution No. 72767. Planning Commission recommends approval (7-0-0). (Planning, Building and Code Enforcement)
PDC13-027 - District 3
(Deferred from 3/18/14 - Item 11.3 and 4/15/14 - Item 11.4)
(a) Adopt a resolution adopting the Mitigated Negative Declaration for the Huff Avenue Rezoning Project and a related Mitigation Monitoring and Reporting Program; and
(b) Consideration of an ordinance rezoning the real property located on the north side of Huff Avenue, approximately 350 feet west of South Baywood Avenue (2979 Huff Ave.) from the R-M Multiple Residence Zoning District to the A(PD) Planned Development Zoning District to allow up to 16 attached multi-family residential units on a 0.42 gross acre site (Strei LLC, Owner).
CEQA: Mitigated Negative Declaration Resolution to be adopted. Planning Commission recommends approval (6-0-1). (Planning, Building and Code Enforcement)
PDC13-011 - District 1