(a) Approving amendments to the FY 2009-10 Revenue and Appropriations Resolutions;

(b) Adopting the FY 2010-11 Revenue and Appropriations Resolutions for the second year of the Adopted FY 2010-2015 Capital Improvement Program (CIP), including revisions to the Adopted FY 2010-11 CIP;

(c) Authorizing the Executive Director to rebudget remaining FY 2009-10 Operating and Capital Budget appropriation balances to FY 2010-11 for ongoing projects/programs previously approved by the Agency Board; and,

(d) Making certain determinations regarding the expenditure of Agency funds to eradicate graffiti. CEQA: Not a project. [MERGED]

(a) Approval of a Capital Equipment Assistance Agreement with SolFocus Corporation, in an amount not to exceed $600,000, for acquisition of capital equipment to be installed at SolFocus's new headquarters in the Rincon de Los Esteros Redevelopment Project Area; and,

(b) Adoption of a resolution making necessary findings required by law for such agreement. CEQA: Not a Project, File No. PP10-066(a). [RINCON DE LOS ESTEROS]

(a) Hold a public hearing on proposed 2010-2011 Sewer Service and Use Charges and proposed maximums for rate increases in 2011-2012 and 2012-2013; and direct staff to return during the 2011-2012 and 2012-2013 budget cycles with recommendations regarding rate increases in 2011-2012 and 2012-2013 consistent with staff recommended maximum rate increases for those years;

(b) Adopt a resolution setting the following Sewer Service and Use Charge and Storm Sewer Service Charge rates for 2010-2011: Category 2010-2011 Monthly Rates Single-Family Residential $32.86 Multi-Family Residential $18.79 per unit Mobile Home $18.83 per unit Non-Monitored Commercial and Industrial See Attachment A Monitored Industrial See Attachment A Category 2010-2011 Monthly Rates Single Family Residential and Duplex $7.64 Mobile Home $3.83 per unit Residential Condominium $4.18 per unit Large Multi-Family Residential (5 or more units) $4.18 Small Multi-Family Residential (3-4 units) $14.51 Commercial, Institutional, and Industrial See Attachment B CEQA: Statutorily Exempt, File No. PP10-067 (a), CEQA Guidelines Section 15273 - Rates, Tolls, Fares, and Charges. (Environmental Services)

(a) Hold a public hearing on proposed 2010-2011 San José Municipal Water System potable water rates and charges;

(b) Adopt a resolution increasing the San José Municipal Water System potable water rates and charges by 3.75% effective July 1, 2010. CEQA: Statutorily Exempt, File No. PP10-067 (a), CEQA Guidelines Section 15273 - Rates, Tolls, Fares, and Charges. Council Districts 2, 4, 7 and 8. (Environmental Services)

(a) An ordinance amending Chapters 3.28 and 3.44 of Title 3 of the San José Municipal Code to add new sections 3.28.755, 3.28.995 and 3.44.105 and amend sections 3.28.770 and 3.28.780 to implement revisions in employee and employer retirement contributions for the Federated City Employees Retirement System for Fiscal Year 2010-2011.

(b) An ordinance amending Part 10 of Chapter 3.36 of Title 3 and Chapter 3.44 of Title 3 of the San José Municipal Code to add new sections 3.36.1525 and 3.44.095 to implement revisions in employee and employer retirement contributions for the Police and Fire Department Retirement Plan for Fiscal Year 2010-2011. CEQA: Not a Project, File No. PP10-068(b), Municipal Code amendments pertaining to personnel issues. (City Attorney's Office) (Rules Committee referral 6/9/10)

(a) Adopt a resolution to amend Council Policy 7-12 (Community Center Reuse) to allow for greater opportunities to place service providers at Reuse sites.

(b) Approve suspension of competitive solicitation requirements under Policy 7-12 for 12 months and grant authority to the Director of Parks, Recreation, and Neighborhood Services to extend suspension of requirements for an additional 12 months, if determined necessary.

(c) Authorize the Director of Parks, Recreation, and Neighborhood Services to enter in to direct negotiations with potential service providers for Reuse facilities pursuant to Municipal Code Section 4.12.235, "Unique Services Purchases." CEQA: Not a Project, File No. PP10-068, changes to existing policies that involve no physical changes to the environment. (Parks, Recreation and Neighborhood Services)

(a) Submit grant applications for the three projects identified in Table 2 of the memorandum to Council in the total amount not to exceed $21,000,000 under the Nature Education Facilities Grant Program administered by the Office of Grants and Local Services within the California State Department of Parks and Recreation;

(b) Accept any grants funds awarded to the City for the limited purpose of completing CEQA clearance, and negotiate and execute all necessary documents to implement the grant awards to complete CEQA clearance; and

(c) Return to Council at a future date for authorization to negotiate and execute all necessary documents to implement the grant awards. CEQA: Statutorily Exempt, File No. PP10-066, CEQA Guidelines Section 15262, Feasibility and Planning Studies. (Parks, Recreation and Neighborhood Services)

(a) Carollo Engineers for various capital improvement projects at the San José/Santa Clara Water Pollution Control Plant increasing the maximum compensation by $3,000,000, for a total agreement amount not to exceed $4,000,000 and decreasing the hourly rates by five percent;

(b) CH2M Hill for various capital improvement projects at the San José/Santa Clara Water Pollution Control Plant increasing the maximum compensation by $3,000,000, for a total agreement amount not to exceed $4,000,000 and decreasing the hourly rates by five percent; and

(c) Black & Veatch for various capital improvement projects at the San José/Santa Clara Water Pollution Control Plant increasing the maximum compensation by $3,000,000, for a total agreement amount not to exceed $4,000,000 and decreasing the hourly rates by four percent. CEQA: Not a Project: Statutorily Exempt, File No. PP10-066 (d), CEQA Guidelines Section 15262, Feasibility and Planning Studies. (Environmental Services) (Deferred from 5/18/10 - Item 7.1)

(a) Consideration of a conforming rezoning ordinance rezoning the real property located at the easterly terminus of Skyway Drive, east of Monterey Road (100 Skyway Drive) from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District to redefine the location where previously approved development may be constructed on a 52.68 gross acre site. This proposal will not increase the allowable building square footage from previous approval nor allow an increase in student enrollment (Valley Christian School, Owner/Applicant). CEQA: Resolution No. 65245 and addendum. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required. PDC10-009 - District 2

(b) Consideration of an ordinance rezoning the real property located on the west side of Carol Drive, approximately 100 feet north of the terminus of Carol Drive (2661 Carol Drive) to allow for the demolition of one existing single-family detached residence and the development of two new single-family detached residences on a 1.67 gross acre site (Madhvani Kantilal, Owner). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). PDC07-018 - District 7 END OF PUBLIC HEARINGS ON CONSENT CALENDAR

(1) ADMINISTRATIVE HEARING on and consideration of an APPEAL of the Planning Commission's decision to adopt a Negative Declaration which found the project described below will not have a significant effect on the environment in that the Initial Study and Response to Comments identify that there will be no potentially significant effects on the environment.

(2) CP09-015. ADMINISTRATIVE HEARING on and consideration of an APPEAL of the Planning Commission's decision to approve a Conditional Use Permit to allow the demolition of an existing single-family detached residence and the expansion of an existing gas and service station. Three additional gas pumps and a canopy for the new pumping facility will be constructed. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (5-0-2). District 3

(a) The City Council has read and considered the Final Supplemental EIR; and

(b) The Final SEIR has been completed in compliance with the California Environmental Quality Act (CEQA); and The Final SEIR reflects the independent judgment and analysis of the City of San José; and The Director of Planning, Building and Code Enforcement shall transmit copies of the Final SEIR to the Applicant and to any other decision-making body of the City of San José for the project. SNI: Burbank/Del Monte. PP05-214 - District 6