3. STRATEGIC SUPPORT SERVICES
3.2 Actions Related to the Authority to Award the Convention Center Project.
(a) Finding that the design-build procurement process will result in faster project completion than if the City used a procurement process involving its normal competitive bidding process;
6. PUBLIC FACILITIES AND SPACES
6.1 Approval of a budget adjustment and an increase to the construction contingency for the Civic Auditorium Phase 2 Project.
(a) Approving an adjustment to the Agency's FY 2010-11 Adopted Revised Capital Budget, adding $233,000 to the Civic Auditorium project line in the Park Center Redevelopment Area, from the Capital Reserve; and,
8. JOINT REDEVELOPMENT AGENCY/COUNCIL
8.2 Approval of Amendments to DDAs with North San Pedro Townhomes and San Pedro Life I, LLC, for the North San Pedro Housing site.
(a) Adoption of a resolution by the Redevelopment Agency Board approving the First Amendment to the Amended and Restated Disposition and Development Agreement (DDA) with 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,
(b) Adoption of a resolution by the City Council approving the sale to North San Pedro Townhomes LLC 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, accepting the 33433 Summary Report, 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.
(c) Adoption of a resolution by the Redevelopment Agency Board approving the First Amendment to the Amended and Restated Disposition and Development with San Pedro Life I, 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 to San Pedro Life I, LLC 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, accepting the 33433 Summary Report 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.
CEQA: Brandenburg Mixed Use Project/ North San Pedro Housing Sites Project GPT03-03-01a and GP03-03-01b. (Continued from 12/7/10, Item 8.1)
2. CONSENT CALENDAR
2.7 Sublease Agreement between SJC Fuel Company, LLC and Wickland Pipelines LLC for a Portion of the Fuel Storage Tank Site.
2.10 Agreement with Harvest Power, Inc. for Evaluation and Demonstration of a Biomass-to-Energy Technology Project.
2.12 Grant Agreement with the California Department of Pesticide Regulation to Adopt Pesticide-Free Maintenance Practices.
2.15 Report on bids and award of contract for the O'Donnell's Gardens Park Gazebo Design Build Project.
2.18 Agreement with Gilbane Building Company for Program, Project and Construction Management Consultant Services.
2.20 Agreement with Portico, Inc. for Project Design and Management Services for the Happy Hollow Park and Zoo Parks Bond Project.
2.23 Increase in the Contingency for the San José Environmental Innovation Center - New Electrical Transformer Project.
2.25 Agreement in which the Valley Transportation Authority for Use of a City Senior Civil Engineer.
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.1 Licensing and Regulating Tobacco Retail Establishments.
(a) Approve an ordinance amending Title 6 of the San José Municipal Code to add a new Chapter 6.87 to license and regulate establishments engaged in the sale of tobacco and tobacco related products, as defined.
(b) Adopt a resolution amending the City's Administrative Citation Schedule of Fines to establish fine amounts for violations of certain provisions of Chapter 6.87, and repealing Resolution No. 75065, to be effective January 1, 2011.
CEQA: Not a Project; File No. PP10-068(c), Municipal Code or Policy. (City Attorney/Planning, Building and Code Enforcement)
4.2 Agreements for the Airport West Property.
(a) Approve Amendments to Two Amended and Restated Option Agreements and related Purchase Agreements with Coleman Airport Partners, LLC for the property located at 1125 Coleman Avenue.
(b) Approve Amendments to an Amended and Restated Option Agreement and related Purchase Agreement with FWSH Partners, LLC related to the 14 acres for the Soccer Stadium site located at 1125 Coleman Avenue.
CEQA: EIR Resolution No. 71716, File No. PP08-093 and File No. PDC09-004. Council District 3. (Economic Development)
4.3 TEFRA Hearing and CSCDA Bond Issuance for the McCreery Courtyards Apartment Project to be located at 1884 Alum Rock Avenue and 71, 73 and 75 McCreery Avenue.
(a) Conduct a Tax Equity and Fiscal Responsibility Act ("TEFRA") Hearing for the issuance of up to $25,000,000 of Tax-Exempt Multifamily Housing Revenue Bonds (the "Bonds") by the California Statewide Community Development Authority ("CSCDA") for the benefit of the McCreery Courtyard Apartments Project and any future issuance of refunding bonds to refinance the Bonds where federal tax laws would not require additional consideration or approval by the City Council.
(b) Adopt a resolution approving the issuance of Tax-Exempt Revenue Bonds by CSCDA in an aggregate principal amount not to exceed $25,000,000 to be used to provide construction and permanent financing for a 93-unit affordable housing project known as McCreery Courtyard Apartments.
CEQA: Mitigated Negative Declaration and addenda thereto, File No. PDC04-088. Council District 5. SNI: Mayfair. (Housing/Finance)
4.7 Parking Incentive Programs.
(a) Expand the Free Parking Incentive program to include non-City and non-Redevelopment Agency operated or funded Incubators (including innovation centers, shared workspace centers or other similar entities) to:
5. NEIGHBORHOOD SERVICES
5.1 Report on the Community Center Reuse and Aquatics Programs.
(b) Adopt a resolution authorizing the Director of Parks, Recreation and Neighborhood Services to enter into direct negotiations with potential aquatics service providers pursuant to Municipal Code Section 4.12.235, "Unique Services Purchases" for multiple-year terms;
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Actions Related to the Plant Master Plan Update.
(a) As referred by the Transportation and Environment Committee on December 6, 2010, accept the Plant Master Plan Update progress report on the development of the draft recommended alternative for the Master Plan for the San José/Santa Clara Water Pollution Control Plant (Plant). CEQA: Not a Project, File No. PP10-069(a), Staff Reports. (Environmental Services)
[Transportation and Environment Committee Referral 12/6/10 - Item D(6)]
(b) Direct staff to consider the Milpitas Guiding Principles for San José/ Santa Clara Water Pollution Control Plant Master Plan Reconstruction and Land Use Alternatives (Milpitas Guiding Principles), along with other tributary agency, stakeholder and public input, in the final development of the Preferred Alternative for the Plant Master Plan currently scheduled to be presented to Council in April 2011, and to present the Milpitas Guiding Principles, along with other tributary agency and partner input into the Land Use Alternatives Public Input Summary that will be presented to Council along with the recommended Preferred Alternative for the Plant Master Plan. CEQA: Not a Project, File No. PP10-069(a), Staff Reports. (Environmental Services)
TO BE HEARD NO EARLIER THAN 3: 00 P.M.
7.2 Actions Related to the Single-Use Carryout Bag Ordinance.
(a) Conduct an Administrative Hearing on and consider an Appeal of the Planning Commission's certification of the Final Environmental Impact Report (FEIR) for the proposed Single-Use Carryout Bag Ordinance, File No. PP09-193, amending Chapter 9.10 of Title 9 of the City's Municipal Code to prohibit the free distribution of single-use carryout paper and plastic bags at the point of sale for all commercial retail businesses in San José except restaurants and nonprofit charitable reuse organizations (an exception is proposed for paper bags containing at least 40 percent recycled content, which can be provided to customers for a minimum store charge of $0.10 upon adoption of the ordinance, with an automatic increase to $0.25 two years after adoption of the ordinance) and consideration of adoption of a resolution to uphold the Planning Commission's certification of the FEIR and certify that:
(b) Approve an ordinance to add Part 13 to Chapter 9.10 of Title 9 of the San José Municipal Code to ban single-use carryout bags, and prohibit the free distribution of recycled paper bags by retail establishments, to be effective January 1, 2012.
(c) Adopt a resolution to amend the Administrative Citation Schedule of Fines to establish fines related to Single-Use Carryout Bags and to repeal the prior Administrative Citation Schedule of Fines resolution.
CEQA: Environmental Impact Report, File No. PP09-193. (Environmental Services)
TO BE HEARD NO EARLIER THAN 2: 00 P.M.
Dec 14, 2010 City Council
3. STRATEGIC SUPPORT SERVICES
3.2 Actions Related to the Authority to Award the Convention Center Project.
(a) Finding that the design-build procurement process will result in faster project completion than if the City used a procurement process involving its normal competitive bidding process;
6. PUBLIC FACILITIES AND SPACES
6.1 Approval of a budget adjustment and an increase to the construction contingency for the Civic Auditorium Phase 2 Project.
(a) Approving an adjustment to the Agency's FY 2010-11 Adopted Revised Capital Budget, adding $233,000 to the Civic Auditorium project line in the Park Center Redevelopment Area, from the Capital Reserve; and,
8. JOINT REDEVELOPMENT AGENCY/COUNCIL
8.2 Approval of Amendments to DDAs with North San Pedro Townhomes and San Pedro Life I, LLC, for the North San Pedro Housing site.
(a) Adoption of a resolution by the Redevelopment Agency Board approving the First Amendment to the Amended and Restated Disposition and Development Agreement (DDA) with 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,
(b) Adoption of a resolution by the City Council approving the sale to North San Pedro Townhomes LLC 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, accepting the 33433 Summary Report, 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.
(c) Adoption of a resolution by the Redevelopment Agency Board approving the First Amendment to the Amended and Restated Disposition and Development with San Pedro Life I, 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 to San Pedro Life I, LLC 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, accepting the 33433 Summary Report 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.
CEQA: Brandenburg Mixed Use Project/ North San Pedro Housing Sites Project GPT03-03-01a and GP03-03-01b. (Continued from 12/7/10, Item 8.1)
2. CONSENT CALENDAR
2.7 Sublease Agreement between SJC Fuel Company, LLC and Wickland Pipelines LLC for a Portion of the Fuel Storage Tank Site.
2.10 Agreement with Harvest Power, Inc. for Evaluation and Demonstration of a Biomass-to-Energy Technology Project.
2.12 Grant Agreement with the California Department of Pesticide Regulation to Adopt Pesticide-Free Maintenance Practices.
2.15 Report on bids and award of contract for the O'Donnell's Gardens Park Gazebo Design Build Project.
2.18 Agreement with Gilbane Building Company for Program, Project and Construction Management Consultant Services.
2.20 Agreement with Portico, Inc. for Project Design and Management Services for the Happy Hollow Park and Zoo Parks Bond Project.
2.23 Increase in the Contingency for the San José Environmental Innovation Center - New Electrical Transformer Project.
2.25 Agreement in which the Valley Transportation Authority for Use of a City Senior Civil Engineer.
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.1 Licensing and Regulating Tobacco Retail Establishments.
(a) Approve an ordinance amending Title 6 of the San José Municipal Code to add a new Chapter 6.87 to license and regulate establishments engaged in the sale of tobacco and tobacco related products, as defined.
(b) Adopt a resolution amending the City's Administrative Citation Schedule of Fines to establish fine amounts for violations of certain provisions of Chapter 6.87, and repealing Resolution No. 75065, to be effective January 1, 2011.
CEQA: Not a Project; File No. PP10-068(c), Municipal Code or Policy. (City Attorney/Planning, Building and Code Enforcement)
4.2 Agreements for the Airport West Property.
(a) Approve Amendments to Two Amended and Restated Option Agreements and related Purchase Agreements with Coleman Airport Partners, LLC for the property located at 1125 Coleman Avenue.
(b) Approve Amendments to an Amended and Restated Option Agreement and related Purchase Agreement with FWSH Partners, LLC related to the 14 acres for the Soccer Stadium site located at 1125 Coleman Avenue.
CEQA: EIR Resolution No. 71716, File No. PP08-093 and File No. PDC09-004. Council District 3. (Economic Development)
4.3 TEFRA Hearing and CSCDA Bond Issuance for the McCreery Courtyards Apartment Project to be located at 1884 Alum Rock Avenue and 71, 73 and 75 McCreery Avenue.
(a) Conduct a Tax Equity and Fiscal Responsibility Act ("TEFRA") Hearing for the issuance of up to $25,000,000 of Tax-Exempt Multifamily Housing Revenue Bonds (the "Bonds") by the California Statewide Community Development Authority ("CSCDA") for the benefit of the McCreery Courtyard Apartments Project and any future issuance of refunding bonds to refinance the Bonds where federal tax laws would not require additional consideration or approval by the City Council.
(b) Adopt a resolution approving the issuance of Tax-Exempt Revenue Bonds by CSCDA in an aggregate principal amount not to exceed $25,000,000 to be used to provide construction and permanent financing for a 93-unit affordable housing project known as McCreery Courtyard Apartments.
CEQA: Mitigated Negative Declaration and addenda thereto, File No. PDC04-088. Council District 5. SNI: Mayfair. (Housing/Finance)
4.7 Parking Incentive Programs.
(a) Expand the Free Parking Incentive program to include non-City and non-Redevelopment Agency operated or funded Incubators (including innovation centers, shared workspace centers or other similar entities) to:
5. NEIGHBORHOOD SERVICES
5.1 Report on the Community Center Reuse and Aquatics Programs.
(b) Adopt a resolution authorizing the Director of Parks, Recreation and Neighborhood Services to enter into direct negotiations with potential aquatics service providers pursuant to Municipal Code Section 4.12.235, "Unique Services Purchases" for multiple-year terms;
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Actions Related to the Plant Master Plan Update.
(a) As referred by the Transportation and Environment Committee on December 6, 2010, accept the Plant Master Plan Update progress report on the development of the draft recommended alternative for the Master Plan for the San José/Santa Clara Water Pollution Control Plant (Plant). CEQA: Not a Project, File No. PP10-069(a), Staff Reports. (Environmental Services)
[Transportation and Environment Committee Referral 12/6/10 - Item D(6)]
(b) Direct staff to consider the Milpitas Guiding Principles for San José/ Santa Clara Water Pollution Control Plant Master Plan Reconstruction and Land Use Alternatives (Milpitas Guiding Principles), along with other tributary agency, stakeholder and public input, in the final development of the Preferred Alternative for the Plant Master Plan currently scheduled to be presented to Council in April 2011, and to present the Milpitas Guiding Principles, along with other tributary agency and partner input into the Land Use Alternatives Public Input Summary that will be presented to Council along with the recommended Preferred Alternative for the Plant Master Plan. CEQA: Not a Project, File No. PP10-069(a), Staff Reports. (Environmental Services)
TO BE HEARD NO EARLIER THAN 3: 00 P.M.
7.2 Actions Related to the Single-Use Carryout Bag Ordinance.
(a) Conduct an Administrative Hearing on and consider an Appeal of the Planning Commission's certification of the Final Environmental Impact Report (FEIR) for the proposed Single-Use Carryout Bag Ordinance, File No. PP09-193, amending Chapter 9.10 of Title 9 of the City's Municipal Code to prohibit the free distribution of single-use carryout paper and plastic bags at the point of sale for all commercial retail businesses in San José except restaurants and nonprofit charitable reuse organizations (an exception is proposed for paper bags containing at least 40 percent recycled content, which can be provided to customers for a minimum store charge of $0.10 upon adoption of the ordinance, with an automatic increase to $0.25 two years after adoption of the ordinance) and consideration of adoption of a resolution to uphold the Planning Commission's certification of the FEIR and certify that:
(b) Approve an ordinance to add Part 13 to Chapter 9.10 of Title 9 of the San José Municipal Code to ban single-use carryout bags, and prohibit the free distribution of recycled paper bags by retail establishments, to be effective January 1, 2012.
(c) Adopt a resolution to amend the Administrative Citation Schedule of Fines to establish fines related to Single-Use Carryout Bags and to repeal the prior Administrative Citation Schedule of Fines resolution.
CEQA: Environmental Impact Report, File No. PP09-193. (Environmental Services)
TO BE HEARD NO EARLIER THAN 2: 00 P.M.
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