1. CEREMONIAL ITEMS
3. STRATEGIC SUPPORT SERVICES
3.4 Settlement of Cardroom Litigation.
(a) Authorize the City Attorney to execute the litigation settlement agreements with Sutter's Place, Inc., dba Bay 101 and Garden City, Inc.
(b) Approve an ordinance revising Title 16 of the San José Municipal Code, Gaming Control Regulatory Program, to clarify and enhance the scope, terms, conditions and procedures of regulation of cardrooms and funding sources, and to make technical changes to the Title.
(c) Adopt a resolution of the Council of the City of San José initiating proceedings on its own motion pursuant to the provisions of Section 20.120.010 of Chapter 20.120 of Title 20 of the San José Municipal Code to amend Sections 20.40.100, 20.50.100, 29.90.060, add a new Part 13.5 to Chapter 20.80, and add a new Section 20.200.995 of said Title 20 to provide for the appropriate location of relocated cardrooms, setting a public hearing thereon, and referring said proposed Title 20 amendments to the Planning Commission for report or recommendation.
3.5 Appointments to fill Unanticipated Vacancies on the Police and Fire Retirement Board.
(a) Interview candidate and consider an appointment to fill an unscheduled vacancy for the active employee member of the Police Department on the Board of Administration of the Police and Fire Department Retirement System for a term expiring November 30, 2009; and
(b) Interview candidate and consider an appointment to fill an unscheduled vacancy for the active employee member of the Fire Department on the Board of Administration of the Police and Fire Department Retirement System for a term expiring November 30, 2011.
(City Clerk)
TO BE HEARD NO EARLIER THAN 4:00 P.M.
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.4 City Generated Zone Towing.
(a) Execute five-year agreements with each of the following companies for City Generated Zone Towing Services:
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Commercial Solid Waste System Redesign.
(a) Approve development of a Request for Proposals to solicit and award an exclusive franchisee to collect and process commercial solid waste, recyclables and organic materials for each of the two service districts for an initial term of ten years with two options to extend the term, the first for three years and the second for two years for a total of five years;
7.2 Municipal Stormwater NPDES Permit.
(a) Authorize the submission of written technical and legal comments by April 3, 2009, to the San Francisco Bay Regional Water Quality Control Board (Water Board) concerning the Water Board's Revised Tentative Order for a Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (Regional Permit), dated February 11, 2009;
(b) Authorize City participation in Water Board public hearings related to the adoption of the Regional Permit, including presentation of testimony and comments at the hearing scheduled for May 13, 2009;
(c) Direct staff to engage stakeholders in discussions concerning the trash related programming specified in the Regional Permit and provide specific feedback to the Water Board; and
8. PUBLIC SAFETY SERVICES
8.1 South San José Police Substation actions.
(b) Adopt the following 2008-2009 Appropriation Ordinance amendments in the Neighborhood Security Bond Fund (Fund 475):
(c) Adopt a resolution authorizing the Director of Public Works to negotiate and execute individual contract change orders up to $600,000 each for the South San José Police Substation construction contract with S.J. Amoroso Construction Co, Inc. (SJA) and repealing Council Resolution No. 74660, adopted November 4, 2008.
(d) Approve the First Amendment to the Master Agreement with Gilbane Building Company for Peer Review and Implementation Support Services for the South San José Police Substation extending the term of the agreement from December 31, 2009 to September 30, 2010, increasing the maximum compensation by $500,000 from $1,000,000 to an amount not to exceed $1,500,000.
(e) Approve the Second Amendment to the Phase two consultant agreement with RossDrulisCusenbery Architecture, Inc. relating to the planning, design and construction of South San José Police Substation extending the term of the agreement from July 31, 2009 to September 30, 2010, with no increase in compensation.
CEQA: Mitigated Negative Declaration, PP04-304. (Public Works/Police/City Manager's Office)
9. JOINT COUNCIL/REDEVELOPMENT AGENCY
CONVENE HOUSING AUTHORITY
2. San José Housing Authority Board of Commissioners.
(a) An additional 200 Section 8 vouchers will be designated for chronically homeless persons in FY 2010;
(b) The 92 Section 8 vouchers that become available through the relocation of Markham Terrace residents be designated for the chronically homeless;
2. CONSENT CALENDAR
2.2 Report of the Rules and Open Government Committee - February 25, 2009. Chair Reed, Chairperson "4.1 Review March 3, 2009, Final Agenda, Meeting cancelled
5. HOUSING
5.1 Approval to submit an application to California Department of Housing and Community Development to participate in the Infill Infrastructure Grant Program. Recommendations: It is recommended that the Redevelopment Agency Board adopt a resolution:
(a) Approving the submission to the California Department of Housing and Community Development (HCD) of an application to participate in the Infill Infrastructure Grant Program in response to the Notice of Funding Availability dated February 2, 2009, which will request a funding allocation in the amount of $24,160,400 for the following activities: demolition and construction of the Julian Street realignment, right-of-way acquisition, construction of parks, park dedication ordinance fees, site preparation and remediation and streetscape improvements; and,
(b) Authorizing the Executive Director to execute the application, the Standard Agreement, and all other documents required by HCD for participation in the Infill Infrastructure Grant Program, and any amendments thereto; and,
(c) Authorizing the Executive Director, if the application for funding is approved, to direct staff to use the Infill Infrastructure Grant Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with the Program Guidelines.
CEQA: Brandenburg Mixed Use Project/ North San Pedro Housing Sites Project GPT03-03-01a and GP03-03-01b. [JULIAN/STOCKTON]
5.2 Approval to submit an application to California Department of Housing and Community Development to participate in the TOD Housing Program Grant Program. Recommendations: It is recommended that the Redevelopment Agency Board adopt a resolution:
(a) Approving the submission to the California Department of Housing and Community Development (HCD) of an application to participate in the Transit Oriented Development Housing Program Grant Program in response to the Notice of Funding Availability dated January 30, 2009 which will request a funding allocation in the amount of $13,400,000 for an attached housing project parking structure construction costs; and,
(b) Authorizing the Executive Director to execute the application, the Standard Agreement, and all other documents required by the HCD for participation in the Transit Oriented Development Program, and any amendments thereto; and,
(c) Authorizing the Executive Director, if the application for funding is approved, to direct staff to use Transit Oriented Development Grant Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with the program Guidelines.
CEQA: Brandenburg Mixed Use Project/ North San Pedro Housing Sites Project GPT03-03-01a and GP03-03-01b. [JULIAN/STOCKTON]
6. PUBLIC FACILITIES AND SPACES
8. JOINT REDEVELOPMENT AGENCY/COUNCIL
8.1 Actions related to approval of a contract for the Civic Auditorium Audio Visual/Sound System Project.
(a) By the City Council making certain determinations required by Redevelopment Law, Health and Safety Code Section 33445, for Agency funding of the proposed improvements to the Civic Auditorium.
(b) By the Redevelopment Agency Board approving a contract with BBI Engineering, Inc., in the amount of $953,044, which includes two alternates, for the Civic Auditorium Audio Visual/Sound System Project, authorizing a project contingency in the amount of $95,304 for a total contract amount of $1,048,348, and authorizing the Executive Director to execute changes to the contract, subject to the limitations applicable to construction contract change orders.
CEQA: Not a project. [PARK CENTER]
8.2 Approval of the Report to Council on the Amendment to the Redevelopment Plans for the Merged Project Area Tax Increment Limit and Bonded Indebtedness Limit Increases. Recommendations: Public Hearing followed by Redevelopment Agency Board and City Council actions:
(a) Adoption of resolutions by the City Council and Redevelopment Agency Board approving the Report to Council on the Amendment to the Redevelopment Plans for the Merged Project Area to increase the tax increment limit from $7.6 billion to $15 billion, to establish a single limit of $7.6 billion for the bonded indebtedness that may be outstanding at any one time, and to modify the list of eligible public improvements in each Redevelopment Plan so that all Redevelopment Plans have consistent language relating to public improvements.
(b) Approval an ordinance by the City Council adopting the proposed Amendment to the Redevelopment Plans in the Merged Project Area to increase the tax increment limit from $7.6 billion to $15 billion, to establish a single limit of $7.6 million on the amount of bonded indebtedness that may be outstanding at any one time, and to modify the list of eligible public improvements in each Redevelopment Plan so that all Redevelopment Plans have consistent language relating to public improvements, and making certain findings.
CEQA: CEQA determination, File No. PP08-289, adopted by the Director of Planning, Building, and Code Enforcement, dated February 4, 2009. [MERGED]
8.3 Approval to remove Naglee Park from the SNI Project Area. Recommendations: Public Hearing followed by Redevelopment Agency Board and City Council actions:
(a) Adoption of resolutions by the Redevelopment Agency Board and City Council approving the Report to Council on the Amendment to the Strong Neighborhoods Initiative Redevelopment Plan to remove Naglee Park from the Strong Neighborhoods Initiative (SNI) Project Area.
(b) Approval of an ordinance by the City Council adopting the proposed Amendment to the SNI Redevelopment Plan to remove Naglee Park from the SNI Project Area.
CEQA: CEQA determination, File No. PP08-289, adopted by the Director of Planning, Building, and Code Enforcement, dated February 4, 2009. [SNI]
ADJOURN CITY COUNCIL PORTION OF THE MEETING
Mar 24, 2009 City Council
1. CEREMONIAL ITEMS
3. STRATEGIC SUPPORT SERVICES
3.4 Settlement of Cardroom Litigation.
(a) Authorize the City Attorney to execute the litigation settlement agreements with Sutter's Place, Inc., dba Bay 101 and Garden City, Inc.
(b) Approve an ordinance revising Title 16 of the San José Municipal Code, Gaming Control Regulatory Program, to clarify and enhance the scope, terms, conditions and procedures of regulation of cardrooms and funding sources, and to make technical changes to the Title.
(c) Adopt a resolution of the Council of the City of San José initiating proceedings on its own motion pursuant to the provisions of Section 20.120.010 of Chapter 20.120 of Title 20 of the San José Municipal Code to amend Sections 20.40.100, 20.50.100, 29.90.060, add a new Part 13.5 to Chapter 20.80, and add a new Section 20.200.995 of said Title 20 to provide for the appropriate location of relocated cardrooms, setting a public hearing thereon, and referring said proposed Title 20 amendments to the Planning Commission for report or recommendation.
3.5 Appointments to fill Unanticipated Vacancies on the Police and Fire Retirement Board.
(a) Interview candidate and consider an appointment to fill an unscheduled vacancy for the active employee member of the Police Department on the Board of Administration of the Police and Fire Department Retirement System for a term expiring November 30, 2009; and
(b) Interview candidate and consider an appointment to fill an unscheduled vacancy for the active employee member of the Fire Department on the Board of Administration of the Police and Fire Department Retirement System for a term expiring November 30, 2011.
(City Clerk)
TO BE HEARD NO EARLIER THAN 4:00 P.M.
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.4 City Generated Zone Towing.
(a) Execute five-year agreements with each of the following companies for City Generated Zone Towing Services:
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Commercial Solid Waste System Redesign.
(a) Approve development of a Request for Proposals to solicit and award an exclusive franchisee to collect and process commercial solid waste, recyclables and organic materials for each of the two service districts for an initial term of ten years with two options to extend the term, the first for three years and the second for two years for a total of five years;
7.2 Municipal Stormwater NPDES Permit.
(a) Authorize the submission of written technical and legal comments by April 3, 2009, to the San Francisco Bay Regional Water Quality Control Board (Water Board) concerning the Water Board's Revised Tentative Order for a Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (Regional Permit), dated February 11, 2009;
(b) Authorize City participation in Water Board public hearings related to the adoption of the Regional Permit, including presentation of testimony and comments at the hearing scheduled for May 13, 2009;
(c) Direct staff to engage stakeholders in discussions concerning the trash related programming specified in the Regional Permit and provide specific feedback to the Water Board; and
8. PUBLIC SAFETY SERVICES
8.1 South San José Police Substation actions.
(b) Adopt the following 2008-2009 Appropriation Ordinance amendments in the Neighborhood Security Bond Fund (Fund 475):
(c) Adopt a resolution authorizing the Director of Public Works to negotiate and execute individual contract change orders up to $600,000 each for the South San José Police Substation construction contract with S.J. Amoroso Construction Co, Inc. (SJA) and repealing Council Resolution No. 74660, adopted November 4, 2008.
(d) Approve the First Amendment to the Master Agreement with Gilbane Building Company for Peer Review and Implementation Support Services for the South San José Police Substation extending the term of the agreement from December 31, 2009 to September 30, 2010, increasing the maximum compensation by $500,000 from $1,000,000 to an amount not to exceed $1,500,000.
(e) Approve the Second Amendment to the Phase two consultant agreement with RossDrulisCusenbery Architecture, Inc. relating to the planning, design and construction of South San José Police Substation extending the term of the agreement from July 31, 2009 to September 30, 2010, with no increase in compensation.
CEQA: Mitigated Negative Declaration, PP04-304. (Public Works/Police/City Manager's Office)
9. JOINT COUNCIL/REDEVELOPMENT AGENCY
CONVENE HOUSING AUTHORITY
2. San José Housing Authority Board of Commissioners.
(a) An additional 200 Section 8 vouchers will be designated for chronically homeless persons in FY 2010;
(b) The 92 Section 8 vouchers that become available through the relocation of Markham Terrace residents be designated for the chronically homeless;
2. CONSENT CALENDAR
2.2 Report of the Rules and Open Government Committee - February 25, 2009. Chair Reed, Chairperson "4.1 Review March 3, 2009, Final Agenda, Meeting cancelled
5. HOUSING
5.1 Approval to submit an application to California Department of Housing and Community Development to participate in the Infill Infrastructure Grant Program. Recommendations: It is recommended that the Redevelopment Agency Board adopt a resolution:
(a) Approving the submission to the California Department of Housing and Community Development (HCD) of an application to participate in the Infill Infrastructure Grant Program in response to the Notice of Funding Availability dated February 2, 2009, which will request a funding allocation in the amount of $24,160,400 for the following activities: demolition and construction of the Julian Street realignment, right-of-way acquisition, construction of parks, park dedication ordinance fees, site preparation and remediation and streetscape improvements; and,
(b) Authorizing the Executive Director to execute the application, the Standard Agreement, and all other documents required by HCD for participation in the Infill Infrastructure Grant Program, and any amendments thereto; and,
(c) Authorizing the Executive Director, if the application for funding is approved, to direct staff to use the Infill Infrastructure Grant Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with the Program Guidelines.
CEQA: Brandenburg Mixed Use Project/ North San Pedro Housing Sites Project GPT03-03-01a and GP03-03-01b. [JULIAN/STOCKTON]
5.2 Approval to submit an application to California Department of Housing and Community Development to participate in the TOD Housing Program Grant Program. Recommendations: It is recommended that the Redevelopment Agency Board adopt a resolution:
(a) Approving the submission to the California Department of Housing and Community Development (HCD) of an application to participate in the Transit Oriented Development Housing Program Grant Program in response to the Notice of Funding Availability dated January 30, 2009 which will request a funding allocation in the amount of $13,400,000 for an attached housing project parking structure construction costs; and,
(b) Authorizing the Executive Director to execute the application, the Standard Agreement, and all other documents required by the HCD for participation in the Transit Oriented Development Program, and any amendments thereto; and,
(c) Authorizing the Executive Director, if the application for funding is approved, to direct staff to use Transit Oriented Development Grant Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with the program Guidelines.
CEQA: Brandenburg Mixed Use Project/ North San Pedro Housing Sites Project GPT03-03-01a and GP03-03-01b. [JULIAN/STOCKTON]
6. PUBLIC FACILITIES AND SPACES
8. JOINT REDEVELOPMENT AGENCY/COUNCIL
8.1 Actions related to approval of a contract for the Civic Auditorium Audio Visual/Sound System Project.
(a) By the City Council making certain determinations required by Redevelopment Law, Health and Safety Code Section 33445, for Agency funding of the proposed improvements to the Civic Auditorium.
(b) By the Redevelopment Agency Board approving a contract with BBI Engineering, Inc., in the amount of $953,044, which includes two alternates, for the Civic Auditorium Audio Visual/Sound System Project, authorizing a project contingency in the amount of $95,304 for a total contract amount of $1,048,348, and authorizing the Executive Director to execute changes to the contract, subject to the limitations applicable to construction contract change orders.
CEQA: Not a project. [PARK CENTER]
8.2 Approval of the Report to Council on the Amendment to the Redevelopment Plans for the Merged Project Area Tax Increment Limit and Bonded Indebtedness Limit Increases. Recommendations: Public Hearing followed by Redevelopment Agency Board and City Council actions:
(a) Adoption of resolutions by the City Council and Redevelopment Agency Board approving the Report to Council on the Amendment to the Redevelopment Plans for the Merged Project Area to increase the tax increment limit from $7.6 billion to $15 billion, to establish a single limit of $7.6 billion for the bonded indebtedness that may be outstanding at any one time, and to modify the list of eligible public improvements in each Redevelopment Plan so that all Redevelopment Plans have consistent language relating to public improvements.
(b) Approval an ordinance by the City Council adopting the proposed Amendment to the Redevelopment Plans in the Merged Project Area to increase the tax increment limit from $7.6 billion to $15 billion, to establish a single limit of $7.6 million on the amount of bonded indebtedness that may be outstanding at any one time, and to modify the list of eligible public improvements in each Redevelopment Plan so that all Redevelopment Plans have consistent language relating to public improvements, and making certain findings.
CEQA: CEQA determination, File No. PP08-289, adopted by the Director of Planning, Building, and Code Enforcement, dated February 4, 2009. [MERGED]
8.3 Approval to remove Naglee Park from the SNI Project Area. Recommendations: Public Hearing followed by Redevelopment Agency Board and City Council actions:
(a) Adoption of resolutions by the Redevelopment Agency Board and City Council approving the Report to Council on the Amendment to the Strong Neighborhoods Initiative Redevelopment Plan to remove Naglee Park from the Strong Neighborhoods Initiative (SNI) Project Area.
(b) Approval of an ordinance by the City Council adopting the proposed Amendment to the SNI Redevelopment Plan to remove Naglee Park from the SNI Project Area.
CEQA: CEQA determination, File No. PP08-289, adopted by the Director of Planning, Building, and Code Enforcement, dated February 4, 2009. [SNI]
ADJOURN CITY COUNCIL PORTION OF THE MEETING
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