2. CONSENT CALENDAR
2.4 Settlement Agreement with Browning-Ferris Industries of North America, Inc. and Allied Waste Services of North America, LLC.
3. STRATEGIC SUPPORT SERVICES
3.3 Report of the Public Safety, Finance and Strategic Support Committee October 16, 2008 Councilmember Nguyen, Chair
(d) Report on Comprehensive Annual Financial Report. (Finance)
SEE ITEM 3.8(a) FOR COUNCIL ACTION TO BE TAKEN
(e) Report on Comprehensive Annual Financial Report. (Redevelopment Agency)
TO BE HEARD ON REDEVELOPMENT AGENCY AGENDA OF 11/18/2008
(f) Report on Comprehensive Annual Debt Report. (Finance)
SEE ITEM 3.8(b) FOR COUNCIL ACTION TO BE TAKEN
(g) Semi-Annual Recommendation Follow-up Report on all Outstanding Audit Recommendations for the Six Months Ended June 30, 2008. (City Auditor)
(h) Review of a Work Plan for Protocols and Policies Regarding Fire Department's Response to the County Jail. (Oliverio)
SEE ITEM 3.9 FOR COUNCIL ACTION TO BE TAKEN
3.4 Ordinance Amendments to Implement the New Business Tax Billing System.
(a) Amending Sections 4.76.240 and 4.76.270 to clarify the due date for the initial payment of the business tax and to revise the due date for subsequent payments of the business tax to correspond with the City's new business tax billing system;
(c) Adding a new Section 4.76.295 to authorize the Director of Finance to waive penalties under certain circumstances; and
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.2 Business Cooperation Program.
(a) Accept the work plan for the Business Cooperation Program, which would maximize the allocation of use tax to the City.
5. NEIGHBORHOOD SERVICES
6. TRANSPORTATION & AVIATION SERVICES
6.3 Implementation of a Living Wage Ordinance applicable to the Norman Y. Mineta San José International Airport.
(a) Approve an ordinance amending Title 25 of the San José Municipal Code to add a new Chapter 25.11 to establish living wage, worker retention, labor peace and work environment reporting requirements applicable to the Norman Y. Mineta San José International Airport.
(b) Consider modifying the monitoring and enforcement language in the draft ordinance to require that the City apply the same pro-active enforcement procedures currently used in enforcement of the Living Wage Policy.
(c) Consider modifying the minimum compensation section of the draft ordinance to exempt those employees of commercial airlines from whom the aggregate of wages, corporate payments for health insurance, and corporate payments into a pension fund exceed the City's living wage level, after review of the City Attorney's determination of the feasibility of the proposed modification.
(e) Direct staff to return to the Transportation and Environment Committee in March 2009 with an implementation plan for the training program at the Airport.
CEQA: Resolution Nos. 67380 and 71451, File No. PP08-199.
[Transportation and Environment Committee referral - 10/6/08 Item (j)]
TO BE HEARD IN THE EVENING NO EARLIER THAN 7:30 P.M.
6.4 Amend Schedule of Fees and Charges at the Airport for Taxis and authorizing biennial setting of all taxi rates.
(b) Approve an ordinance amending Chapter 6.64 of Title 6 of the San José Municipal Code to authorize the Director of Transportation ("Director") to set and adjust taxicab rates, fares and surcharges based on industry indicators on a biennial basis, or sooner, as the Director deems appropriate.
CEQA: Not a Project. (Airport/Transportation)
(Deferred from 10/21/08 - Item 6.2)
7. ENVIRONMENTAL & UTILITY SERVICES
7.3 Approve actions related to Commercial Solid Waste Franchise Fees.
(a) Adopt a resolution amending Resolution No. 73256 to amend Commercial Solid Waste Collection Franchise Fees to set the commercial solid waste franchise fee for solid waste collected from public school districts and San José State University at zero if the school has a Waste Reduction and Recycling Cooperation Agreement with the City, to be effective November 1, 2008.
(b) Adopt a resolution authorizing the City Manager to negotiate and execute new and amended Waste Reduction and Recycling Cooperation Agreements with public school districts and San José State University to address fees for solid waste collection services to the schools and to supersede Resolution Nos. 73878 and 73969.
(c) Provide direction to Staff regarding the disposition of fees that may be remitted to the City pursuant to a proposed settlement with Browning-Ferris Industries of North America Inc. and Allied Waste Services of North America, LLC (BFI) which were collected before July 1, 2007 by BFI from public school districts.
CEQA: Not a Project. (Environmental Services)
RENUMBERED FROM ITEM 2.6
9. JOINT COUNCIL/REDEVELOPMENT AGENCY See Items 8.1 "Approval of an agreement with the San José Conservation Corps & Charter School for the creation of a Smart Start Center at 1560 Berger Drive" and 8.2 "Approval of actions related to the development of market rate housing on the North San Pedro Housing Project site" 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 ITEM 9.1 IN A JOINT SESSION
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.
11.1 Public Hearings on Consent Calendar.
(a) Consideration of an ordinance rezoning the real property located along Coleman Avenue between Newhall Street and Santa Clara/San José City limits (former FMC Site) from A(PD) Planned Development Zoning to A(PD) Planned Development Zoning to clarify development capacity, modify building setbacks, revise vehicular and pedestrian circulation and include other minor technical, clarifying or clerical revisions to the development standards of the existing Planned Development Zoning District on an approximately 92.5 gross acre site (City of San José, Arcadia Development Co./Coleman Airport Partners, Owners/Applicant. CEQA: EIR Resolution No. 71716 and Addenda thereto. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
PDC08-050- District 3
END OF PUBLIC HEARINGS ON CONSENT CALENDAR
8.2 Approval of actions related to the development of market rate housing on the North San Pedro Housing Project site.
(a) Redevelopment Agency Board approval of an assignment of the Disposition And Development Agreement (DDA) from the Olson Company to Intracorp San Francisco (name changed to North San Pedro Townhomes, LLC); and,
(b) Adoption of a resolution by the City Council approving the sale of certain sites located on Agency-owned property generally located in the blocks bounded by Highway 87 to the west, West Saint James Street to the south, North Market Street to the east and a Union Pacific Railroad right of way to the north to Intracorp, accepting the 33433 Summary Report and Re-Use Valuation, and finding that the sale of the property will assist in the elimination of blight, is consistent with the Implementation Plan for the Julian Stockton Redevelopment Project Area, and that the consideration for the property is not less than the fair reuse value for the proposed use, with the covenants and conditions and development costs authorized by the DDA; and,
(c) Redevelopment Agency Board approval of an Amended and Restated Disposition and Development with Intracorp San Francisco (name changed to North San Pedro Townhomes, LLC) and authorizing the Executive Director to execute ancillary documents contemplated by the 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; and,
(d) Adoption of a resolution by the City Council approving the sale of certain sites located on Agency-owned property generally located in the blocks bounded by Highway 87 to the west, West Saint James Street to the south, North Market Street to the east and a Union Pacific Railroad right of way to the north, to Barry Swenson Builder (Swenson), accepting the 33433 Summary Report and Re-Use Valuation and finding that the sale of the property will assist in the elimination of blight, is consistent with the Implementation Plan for the Julian-Stockton Redevelopment Project Area and that the consideration for the property is not less than the fair reuse value for the proposed use, with the covenants and conditions and development costs authorized by the Disposition and Development Agreement; and,
(e) Redevelopment Agency Board approval of an Amended and Restated Disposition and Development Agreement with Swenson and authorizing the Executive Director to execute ancillary documents contemplated by the 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: Resolution No: 72170, File no GPT03-03-01a and GP03-03-01b Brandenburg Mixed Use Project/ North San Pedro Housing Sites. [JULIAN-STOCKTON]
ADJOURN CITY COUNCIL PORTION OF THE MEETING
Oct 28, 2008 City Council
2. CONSENT CALENDAR
2.4 Settlement Agreement with Browning-Ferris Industries of North America, Inc. and Allied Waste Services of North America, LLC.
3. STRATEGIC SUPPORT SERVICES
3.3 Report of the Public Safety, Finance and Strategic Support Committee October 16, 2008 Councilmember Nguyen, Chair
(d) Report on Comprehensive Annual Financial Report. (Finance)
SEE ITEM 3.8(a) FOR COUNCIL ACTION TO BE TAKEN
(e) Report on Comprehensive Annual Financial Report. (Redevelopment Agency)
TO BE HEARD ON REDEVELOPMENT AGENCY AGENDA OF 11/18/2008
(f) Report on Comprehensive Annual Debt Report. (Finance)
SEE ITEM 3.8(b) FOR COUNCIL ACTION TO BE TAKEN
(g) Semi-Annual Recommendation Follow-up Report on all Outstanding Audit Recommendations for the Six Months Ended June 30, 2008. (City Auditor)
(h) Review of a Work Plan for Protocols and Policies Regarding Fire Department's Response to the County Jail. (Oliverio)
SEE ITEM 3.9 FOR COUNCIL ACTION TO BE TAKEN
3.4 Ordinance Amendments to Implement the New Business Tax Billing System.
(a) Amending Sections 4.76.240 and 4.76.270 to clarify the due date for the initial payment of the business tax and to revise the due date for subsequent payments of the business tax to correspond with the City's new business tax billing system;
(c) Adding a new Section 4.76.295 to authorize the Director of Finance to waive penalties under certain circumstances; and
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.2 Business Cooperation Program.
(a) Accept the work plan for the Business Cooperation Program, which would maximize the allocation of use tax to the City.
5. NEIGHBORHOOD SERVICES
6. TRANSPORTATION & AVIATION SERVICES
6.3 Implementation of a Living Wage Ordinance applicable to the Norman Y. Mineta San José International Airport.
(a) Approve an ordinance amending Title 25 of the San José Municipal Code to add a new Chapter 25.11 to establish living wage, worker retention, labor peace and work environment reporting requirements applicable to the Norman Y. Mineta San José International Airport.
(b) Consider modifying the monitoring and enforcement language in the draft ordinance to require that the City apply the same pro-active enforcement procedures currently used in enforcement of the Living Wage Policy.
(c) Consider modifying the minimum compensation section of the draft ordinance to exempt those employees of commercial airlines from whom the aggregate of wages, corporate payments for health insurance, and corporate payments into a pension fund exceed the City's living wage level, after review of the City Attorney's determination of the feasibility of the proposed modification.
(e) Direct staff to return to the Transportation and Environment Committee in March 2009 with an implementation plan for the training program at the Airport.
CEQA: Resolution Nos. 67380 and 71451, File No. PP08-199.
[Transportation and Environment Committee referral - 10/6/08 Item (j)]
TO BE HEARD IN THE EVENING NO EARLIER THAN 7:30 P.M.
6.4 Amend Schedule of Fees and Charges at the Airport for Taxis and authorizing biennial setting of all taxi rates.
(b) Approve an ordinance amending Chapter 6.64 of Title 6 of the San José Municipal Code to authorize the Director of Transportation ("Director") to set and adjust taxicab rates, fares and surcharges based on industry indicators on a biennial basis, or sooner, as the Director deems appropriate.
CEQA: Not a Project. (Airport/Transportation)
(Deferred from 10/21/08 - Item 6.2)
7. ENVIRONMENTAL & UTILITY SERVICES
7.3 Approve actions related to Commercial Solid Waste Franchise Fees.
(a) Adopt a resolution amending Resolution No. 73256 to amend Commercial Solid Waste Collection Franchise Fees to set the commercial solid waste franchise fee for solid waste collected from public school districts and San José State University at zero if the school has a Waste Reduction and Recycling Cooperation Agreement with the City, to be effective November 1, 2008.
(b) Adopt a resolution authorizing the City Manager to negotiate and execute new and amended Waste Reduction and Recycling Cooperation Agreements with public school districts and San José State University to address fees for solid waste collection services to the schools and to supersede Resolution Nos. 73878 and 73969.
(c) Provide direction to Staff regarding the disposition of fees that may be remitted to the City pursuant to a proposed settlement with Browning-Ferris Industries of North America Inc. and Allied Waste Services of North America, LLC (BFI) which were collected before July 1, 2007 by BFI from public school districts.
CEQA: Not a Project. (Environmental Services)
RENUMBERED FROM ITEM 2.6
9. JOINT COUNCIL/REDEVELOPMENT AGENCY See Items 8.1 "Approval of an agreement with the San José Conservation Corps & Charter School for the creation of a Smart Start Center at 1560 Berger Drive" and 8.2 "Approval of actions related to the development of market rate housing on the North San Pedro Housing Project site" 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 ITEM 9.1 IN A JOINT SESSION
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.
11.1 Public Hearings on Consent Calendar.
(a) Consideration of an ordinance rezoning the real property located along Coleman Avenue between Newhall Street and Santa Clara/San José City limits (former FMC Site) from A(PD) Planned Development Zoning to A(PD) Planned Development Zoning to clarify development capacity, modify building setbacks, revise vehicular and pedestrian circulation and include other minor technical, clarifying or clerical revisions to the development standards of the existing Planned Development Zoning District on an approximately 92.5 gross acre site (City of San José, Arcadia Development Co./Coleman Airport Partners, Owners/Applicant. CEQA: EIR Resolution No. 71716 and Addenda thereto. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.
PDC08-050- District 3
END OF PUBLIC HEARINGS ON CONSENT CALENDAR
8.2 Approval of actions related to the development of market rate housing on the North San Pedro Housing Project site.
(a) Redevelopment Agency Board approval of an assignment of the Disposition And Development Agreement (DDA) from the Olson Company to Intracorp San Francisco (name changed to North San Pedro Townhomes, LLC); and,
(b) Adoption of a resolution by the City Council approving the sale of certain sites located on Agency-owned property generally located in the blocks bounded by Highway 87 to the west, West Saint James Street to the south, North Market Street to the east and a Union Pacific Railroad right of way to the north to Intracorp, accepting the 33433 Summary Report and Re-Use Valuation, and finding that the sale of the property will assist in the elimination of blight, is consistent with the Implementation Plan for the Julian Stockton Redevelopment Project Area, and that the consideration for the property is not less than the fair reuse value for the proposed use, with the covenants and conditions and development costs authorized by the DDA; and,
(c) Redevelopment Agency Board approval of an Amended and Restated Disposition and Development with Intracorp San Francisco (name changed to North San Pedro Townhomes, LLC) and authorizing the Executive Director to execute ancillary documents contemplated by the 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; and,
(d) Adoption of a resolution by the City Council approving the sale of certain sites located on Agency-owned property generally located in the blocks bounded by Highway 87 to the west, West Saint James Street to the south, North Market Street to the east and a Union Pacific Railroad right of way to the north, to Barry Swenson Builder (Swenson), accepting the 33433 Summary Report and Re-Use Valuation and finding that the sale of the property will assist in the elimination of blight, is consistent with the Implementation Plan for the Julian-Stockton Redevelopment Project Area and that the consideration for the property is not less than the fair reuse value for the proposed use, with the covenants and conditions and development costs authorized by the Disposition and Development Agreement; and,
(e) Redevelopment Agency Board approval of an Amended and Restated Disposition and Development Agreement with Swenson and authorizing the Executive Director to execute ancillary documents contemplated by the 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: Resolution No: 72170, File no GPT03-03-01a and GP03-03-01b Brandenburg Mixed Use Project/ North San Pedro Housing Sites. [JULIAN-STOCKTON]
ADJOURN CITY COUNCIL PORTION OF THE MEETING
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