3. STRATEGIC SUPPORT SERVICES
3.6 Tax and Revenue Anticipation Note.
(c) Adopt a resolution authorizing the Director of Finance to negotiate and execute a third amendment to the agreement with Public Resources Advisory Group serving as the City General Financial Advisor to increase the total not to exceed compensation amount authorized under the agreement from $350,000 to $450,000.
CEQA: Not a Project, File No. PP10-069, City organizational and administrative activities. (Finance/City Manager's Office)
TO BE HEARD NO EARLIER THAN 3:00 P.M.
3.7 Issuance of City of San Jose Airport Revenue Bonds, Series 2011A.
(b) Adopt the Sixteenth Supplemental Resolution (the "Resolution") of the City Council authorizing the issuance of City of San José Airport Revenue Bonds, Series 2011A in one or more series (the "2011A Bonds") in a total aggregate principal amount of not to exceed $300,000,000, to be sold through negotiated sale; approving in substantially final form the Seventh Supplemental Trust Agreement, the Preliminary Official Statement, the Bond Purchase Agreement, the Escrow Agreement and the Continuing Disclosure Certificate; authorizing the distribution of one or more Preliminary Official Statements and the Final Official Statements; and authorizing and approving other related actions in connection with the issuance of the Series 2011A Bonds.
(c) Adopt a resolution authorizing the City Manager to negotiate and execute an Agreement by and among the City, Public Financial Management and Public Resources Advisory Group for financial advisory services in connection with the issuance of the City of San José Airport Revenue Bonds Series 2011A and Series 2011B, in an amount not to exceed $420,000.
(d) Adopt a resolution authorizing the City Attorney to negotiate and execute an Agreement with Orrick, Herrington & Sutcliffe LLP for bond and disclosure counsel services in connection with the issuance of the City of San José Airport Revenue Bonds Series 2011A and Series 2011B, in an amount not to exceed $350,000.
CEQA: Resolutions No. 67380 and 71451, File No. PP 07-149. (Finance)
TO BE HEARD NO EARLIER THAN 3:00 P.M.
2. CONSENT CALENDAR
2.7 Agreement with Host International, Inc. for Food, Beverage and Retail Program at the Airport.
(a) A First Amendment to the Host International, Inc. ("Host") Food and Beverage Concession Agreement for the closure of Chiaramonte's Deli in Terminal A+, an associated reduction in the minimum annual guarantee and a reimbursement for the unamortized capital investment should the closure become permanent; and
(b) A First Amendment to the Host Retail Concession Agreement for the closure of Sunset News in Terminal A+, an associated reduction in the minimum annual guarantee and a reimbursement for the unamortized capital investment should the closure become permanent.
CEQA: Not a Project, File No. PP10-066(e), Amendment to services agreement involving no physical change to the environment. (Airport)
2.8 Agreement for Airport Air Service Marketing Communications Consulting Services.
(a) Approve consultant master agreements with Hoffman|Lewis, Inc. and with Barnestorming Advertising to provide marketing and communications support services to Mineta San José International Airport for two-year terms beginning July 1, 2011, through June 30, 2013, in a total amount for both agreements not to exceed $520,000; and
(b) Adopt a resolution authorizing the City Manager to exercise up to two (2) one-year options to extend the terms of these agreements on a fiscal-year basis to June 30, 2013, in amounts not to exceed a total of $260,000 per year, for a total four-year contract amount for both not to exceed $1,040,000.
CEQA: Not a Project, File No. PP10-066(e), Services involving no physical changes to the environment. (Airport)
2.14 Agreement with Christmas in the Park, Inc. to Manage and Produce Christmas in the Park at Plaza de Cesar Chavez.
2.16 Agreement with R3 Consulting Group, Inc. to Support the Construction and Demolition Diversion Program.
2.17 Grant Agreement with the United States Environmental Protection Agency for the Clean Creeks, Healthy Communities Project.
(a) Adopt a resolution authorizing the City Manager to negotiate and execute a grant agreement with the United States Environmental Protection Agency (EPA) to fund the Clean Creeks, Healthy Communities Project (Project) for the term of June 30, 2011 through June 30, 2015, with a grant to the City in the amount of $680,000, at a cost to the City over the term of the Agreement of $112,867.
(b) Adopt a resolution authorizing the City Manager to negotiate and execute the following agreements with a subgrantee and funding agency:
2.19 Renew an Open Purchase Order with Maintenance Innovations for Labor, Materials and Equipment Necessary for the Citywide Weed Abatement Program.
2.20 Open Purchase Order with Valley Crest Landscape for Landscape Services for Special Assessment District #15, Silver Creek Valley.
2.22 Setting a Public Hearing on Sewer Service and Use Charges and Storm Sewer Service Charges to be Placed on the Fiscal Year 2011-2012 County Assessment Roll.
2.24 Open Purchase Order 45522 with Baker and Taylor for the Purchase of Books Including Trade Editions, Publishers Library Bindings, Single Binding Editions, Quality Paperbacks and Preprocessing.
2.25 Agreement with Langham Consulting Services, Inc. to Provide Professional Services Related to the City's Integrated Billing System.
2.29 Agreement with FBMC Benefits Management, Inc., formerly Fringe Benefits Management Company, to provide City's Medical and Childcare Flexible Spending Accounts.
2.30 Grant Agreement with Santa Clara Valley Water District for the Penitencia Creek Reach 1B Project.
2.31 Grant Agreement with State of California for the Coyote Creek (Highway 237 Bikeway to Tasman Drive) Trail Project.
2.32 Master Agreement with CH2M Hill, Inc., for Consultant Design Services Supporting Various City Trail Projects.
2.33 Master Agreement with Callander Associates Landscape Architecture, Inc., for Consultant Design Services Supporting Various City Trail Projects.
2.35 Agreement with Financial Consulting Solutions Group, Inc. for the Storm Drainage, Sanitary Sewer and Sewage Treatment Plant Connection Fee Study.
2.41 Agreement with Westin Engineering, Inc., for Implementation of a Computerized Maintenance Management System.
2.42 Agreement with Signature Technologies for the Public Address System at International Terminal at the Airport.
2.44 Master Agreement for the Terms and Conditions of Accepting Airport Improvement Program Grants with the United States Department of Transportation Federal Aviation Administration.
2.46 Application to the State of California for Grant Funding from the Housing-Related Parks Program.
2.49 Report on the San José Bringing Everyone's Strengths Together and Mayor's Gang Prevention Task Force Programs.
(a) Accept the report on 2009-2010 San Jose Bringing Everyone's Strengths Together (BEST) and the Mayor's Gang Prevention Task Force (MGPTF) Evaluation Report.
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.1 Public Hearings on Business Improvement District Reports for FY 2011-2012.
(a) Conduct public hearing and adopt a resolution approving the Hotel Business Improvement District budget report for Fiscal Year 2011-12, as filed or as modified by the Council, and to levy the Hotel BID assessments for 2011-2012. CEQA: Exempt, File No. PP08-048. Council District 3. (Economic Development)
(b) Conduct public hearing and adopt a resolution approving the Japantown Business Improvement District budget report for Fiscal Year 2011-12, as filed or as modified by the Council, and to levy the Japantown BID assessments for 2011-2012. CEQA: Exempt, File No. PP08-048. Council District 3. (Economic Development)
(c) Conduct public hearing and adopt a resolution approving the Downtown Business Improvement District budget report for Fiscal Year 2011-12, as filed or as modified by the Council, and to levy the Downtown BID increased assessments for 2011-2012. CEQA: Exempt, File No. PP08-048. Council District 3. SNI: St. James Square; University; Joséfa/Auzerais; Burbank/Del Monte. (Economic Development)
TO BE HEARD NO EARLIER THAN 1:30 P.M.
4.2 Sale of City-Owned Surplus Property on Cahalan Avenue.
(a) Declare the vacant 50,530 square foot City-owned parcel [APN 464-44-057] located at the northern terminus of Cahalan Avenue south of the Route 85 freeway surplus to the needs of the City;
(b) Approve an agreement between the City and Summerhill Blossom Hill Land Holding, LLC, for the sale of the property in the amount of $450,000; and
4.3 Purchase and Sale Agreement for City Owned Property Located at 150 Terraine Street.
(a) Declare the vacant 13,045 square foot 150 Terraine Street City-owned Parcel (APN 259-32-083) surplus to the needs of the City;
(b) Authorize the City Manager or designee to negotiate and execute a Purchase and Sale Agreement for City owned property located at 150 Terraine Street; and
4.4 Implementation of School of Arts & Culture at Mexican Heritage Plaza.
(a) Adopt a resolution authorizing the City Manager to negotiate and execute an Interim Incubator Operator Agreement with 1stACT Silicon Valley, for the management and operation of the Plaza based on business terms and conditions described in this memorandum for a term not to exceed 3 years at a maximum total compensation not to exceed $1,485,000, subject to the City Council's annual appropriation of funds for the operating payments.
(b) Adopt a resolution to amend the FY 2011-2012 Schedule of Fees and Charges (Resolution No. 72737, as amended) to suspend the use and rental fees for Mexican Heritage Plaza for so long as the City is not operating the facility.
CEQA: Exempt, File No. PP10-097. Council District 5. SNI Area: Mayfair. (Public Works/Office of Economic Development)
5. NEIGHBORHOOD SERVICES
5.1 Parks, Recreation and Neighborhood Services 2011-2012 Agreements.
(a) Authorize the City Manager to negotiate and execute all agreements and amendments for the Department of Parks, Recreation and Neighborhood Services identified on Attachment A of the staff memorandum consistent with the 2011-2012 Proposed Budget;
(b) Authorize the City Manager to negotiate and execute agreements and amendments to accept grant funds identified in Attachment B of the staff memorandum;
(c) Authorize the City Manager to negotiate and execute a four-month extension of the agreement with the County of Santa Clara for the Senior Nutrition Agreement into the first four months of 2011-2012 and to accept grant funds for that period in amounts consistent with budgeted amount in the 2010-2011 agreement, until a new agreement for 2011-2012 is finalized with the County;
(d) Authorize the Director of Parks, Recreation and Neighborhood Services to negotiate and execute 2011-2012 contracts and amendments consistent with Adopted Budget amounts for the following grant programs:
(e) Authorize the City Manager or designee to negotiate and execute 2011-2012 contracts and amendments consistent with Adopted Budget amounts for the following:
(f) Authorize the City Manager to negotiate and execute the Third Amendment to the Park Maintenance Agreement between the City of San Jose and Hitachi Technologies, Inc. to extend the term of maintenance agreement from June 30, 2011 to June 30, 2012 for the Ramac, Raleigh Linear Green and Charlotte Commons parks at no cost to the City.
CEQA: Grace Baptist Church, Not a Project, File PP10-066(e), Lease of Existing Space; Kids Love Soccer, Not a Project, File PP10-066(e), Consultant Services; Children's Health Initiative, Not a Project, File PP10-066(e), Services that involve no change to the environment; Hitachi Technologies, Mixed Use Transit Village, EIR, Resolution No. 72772; B.E.S.T., Not a Project, File PP10-066(e), Services that involve no change to the environment; General Fund Grants, Not a Project, File PP10-066(e), Services that involve no change to the environment; Alum Rock School District, Not a Project, File PP10-066(e), Services that involve no change to the environment; COPS Urban Violence Grant, Not a Project, File PP10-066(e), Services that involve no change to the environment; County of Santa Clara - Mental Health Services, Not a Project, File PP10-066(e), Services that involve no change to the environment; First 5 of Santa Clara County, Not a Project, File PP10-066(e), Services that involve no change to the environment; County of Santa Clara Agreement for Senior Nutrition Program, Not a Project, File PP10-066(e), Services that involve no change to the environment. (Parks, Recreation and Neighborhood Services)
6. TRANSPORTATION & AVIATION SERVICES
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Public Hearing on a Commercial Solid Waste and Recyclables Collection Franchise.
(a) Adopt a resolution to adopt the Negative Declaration prepared for the Commercial Collection System Redesign Project, File No. PP10-157, as having been completed in compliance with the California Environmental Quality Act and reflecting the City's independent judgment and analysis.
(b) Hold a public hearing on the application of Allied Waste Services of Santa Clara County for Commercial Solid Waste and Recyclable Material Collection Franchises for the North and South Service Districts; approve an ordinance granting the franchises; and adopt a resolution authorizing the City Manager to negotiate and execute a Commercial Solid Waste and Recyclable Material Collection Franchises Agreement with Allied Waste Services of Santa Clara County, in substantial compliance with the terms specified in the draft Franchises Agreement, for a term from September 13, 2011 through June 30, 2027.
(c) Direct staff to return to Council in 2011-2012 with proposed ordinances or resolutions for adoption needed to implement the new commercial solid waste system, including establishing maximum customer service rates.
CEQA: Negative Declaration, File No. PP10-157. (Environmental Services/Planning, Building and Code Enforcement)
TO BE HEARD NO EARLIER THAN 1:30 P.M.
7.2 Actions Related to the Construction and Operation of a Dry Anaerobic Digestion Facility.
(a) Adopt a resolution to adopt the Mitigated Negative Declaration prepared for the Dry-Fermentation Anaerobic Digestion Facility Project, File No. SP09-057, as having been completed in compliance with the California Environmental Quality Act and reflecting the City's independent judgment and analysis, and to adopt a related mitigation monitoring and reporting program. CEQA: Mitigated Negative Declaration for Special Use Permit for a 270,000 ton per year dry fermentation anaerobic digestion facility to process the organic portion of solid waste, File No. SP09-057.
(b) Adopt a resolution to authorize the City Manager to negotiate and execute a ground lease in the form proposed, with Zero Waste Energy Development Company for the construction and operation of a dry anaerobic digestion facility on Water Pollution Control Plant land, for a 30 year term, subject to base rent equivalent to $850,000 per year on Phase I, and ongoing rent payments of $4.35 per organic ton processed in Phases II and III, subject to annual adjustment directly tied to Consumer Price Index increases.
Council District 4. (Planning, Building and Code Enforcement/Economic Development)
7.4 Term Sheet for the New Markets Tax Credit Transaction for the Environmental Innovation Center.
(a) Adopt a resolution authorizing the City Manager to negotiate and execute a term sheet with JPMorgan Chase N.A., Brownfield Revitalization, LLC, Northern California Community Loan Fund, and HEDC-New Markets, Inc., to secure New Markets Tax Credit financing for the San José Environmental Innovation Center.
(b) Adopt a resolution authorizing the City Manager or Designee to execute and record a grant deed effecting a lot line adjustment permit for the Environmental Innovation Center property.
CEQA: Negative Declaration for the renovation of the EIC was adopted on December 1, 2009, File No. PP09-138. (Environmental Services)
10. GENERAL PLAN PUBLIC HEARINGS (To be heard by the City Council at 7:00 p.m.)
11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.)
11.1 Public Hearings on Consent Calendar.
(a) Consideration of an ordinance rezoning the real property located on the northeast corner of Toy Lane and Kettmann Road (2605 Toy Lane) to allow up to two single-family houses on .32 acres. Specifically, the proposal would facilitate the following: 1) an existing single-family lot to be subdivided into two lots; 2) demolition of a detached garage and storage structure; 3) the addition of an attached garage to the existing detached single-family residence; and 4) the construction of a new single-family detached residence with an attached garage on the newly created lot (Desai Himanshu and Anima H. Trustee, Owner). CEQA: Exempt.
PDC07-052 - District 8
Jun 21, 2011 City Council
3. STRATEGIC SUPPORT SERVICES
3.6 Tax and Revenue Anticipation Note.
(c) Adopt a resolution authorizing the Director of Finance to negotiate and execute a third amendment to the agreement with Public Resources Advisory Group serving as the City General Financial Advisor to increase the total not to exceed compensation amount authorized under the agreement from $350,000 to $450,000.
CEQA: Not a Project, File No. PP10-069, City organizational and administrative activities. (Finance/City Manager's Office)
TO BE HEARD NO EARLIER THAN 3:00 P.M.
3.7 Issuance of City of San Jose Airport Revenue Bonds, Series 2011A.
(b) Adopt the Sixteenth Supplemental Resolution (the "Resolution") of the City Council authorizing the issuance of City of San José Airport Revenue Bonds, Series 2011A in one or more series (the "2011A Bonds") in a total aggregate principal amount of not to exceed $300,000,000, to be sold through negotiated sale; approving in substantially final form the Seventh Supplemental Trust Agreement, the Preliminary Official Statement, the Bond Purchase Agreement, the Escrow Agreement and the Continuing Disclosure Certificate; authorizing the distribution of one or more Preliminary Official Statements and the Final Official Statements; and authorizing and approving other related actions in connection with the issuance of the Series 2011A Bonds.
(c) Adopt a resolution authorizing the City Manager to negotiate and execute an Agreement by and among the City, Public Financial Management and Public Resources Advisory Group for financial advisory services in connection with the issuance of the City of San José Airport Revenue Bonds Series 2011A and Series 2011B, in an amount not to exceed $420,000.
(d) Adopt a resolution authorizing the City Attorney to negotiate and execute an Agreement with Orrick, Herrington & Sutcliffe LLP for bond and disclosure counsel services in connection with the issuance of the City of San José Airport Revenue Bonds Series 2011A and Series 2011B, in an amount not to exceed $350,000.
CEQA: Resolutions No. 67380 and 71451, File No. PP 07-149. (Finance)
TO BE HEARD NO EARLIER THAN 3:00 P.M.
2. CONSENT CALENDAR
2.7 Agreement with Host International, Inc. for Food, Beverage and Retail Program at the Airport.
(a) A First Amendment to the Host International, Inc. ("Host") Food and Beverage Concession Agreement for the closure of Chiaramonte's Deli in Terminal A+, an associated reduction in the minimum annual guarantee and a reimbursement for the unamortized capital investment should the closure become permanent; and
(b) A First Amendment to the Host Retail Concession Agreement for the closure of Sunset News in Terminal A+, an associated reduction in the minimum annual guarantee and a reimbursement for the unamortized capital investment should the closure become permanent.
CEQA: Not a Project, File No. PP10-066(e), Amendment to services agreement involving no physical change to the environment. (Airport)
2.8 Agreement for Airport Air Service Marketing Communications Consulting Services.
(a) Approve consultant master agreements with Hoffman|Lewis, Inc. and with Barnestorming Advertising to provide marketing and communications support services to Mineta San José International Airport for two-year terms beginning July 1, 2011, through June 30, 2013, in a total amount for both agreements not to exceed $520,000; and
(b) Adopt a resolution authorizing the City Manager to exercise up to two (2) one-year options to extend the terms of these agreements on a fiscal-year basis to June 30, 2013, in amounts not to exceed a total of $260,000 per year, for a total four-year contract amount for both not to exceed $1,040,000.
CEQA: Not a Project, File No. PP10-066(e), Services involving no physical changes to the environment. (Airport)
2.14 Agreement with Christmas in the Park, Inc. to Manage and Produce Christmas in the Park at Plaza de Cesar Chavez.
2.16 Agreement with R3 Consulting Group, Inc. to Support the Construction and Demolition Diversion Program.
2.17 Grant Agreement with the United States Environmental Protection Agency for the Clean Creeks, Healthy Communities Project.
(a) Adopt a resolution authorizing the City Manager to negotiate and execute a grant agreement with the United States Environmental Protection Agency (EPA) to fund the Clean Creeks, Healthy Communities Project (Project) for the term of June 30, 2011 through June 30, 2015, with a grant to the City in the amount of $680,000, at a cost to the City over the term of the Agreement of $112,867.
(b) Adopt a resolution authorizing the City Manager to negotiate and execute the following agreements with a subgrantee and funding agency:
2.19 Renew an Open Purchase Order with Maintenance Innovations for Labor, Materials and Equipment Necessary for the Citywide Weed Abatement Program.
2.20 Open Purchase Order with Valley Crest Landscape for Landscape Services for Special Assessment District #15, Silver Creek Valley.
2.22 Setting a Public Hearing on Sewer Service and Use Charges and Storm Sewer Service Charges to be Placed on the Fiscal Year 2011-2012 County Assessment Roll.
2.24 Open Purchase Order 45522 with Baker and Taylor for the Purchase of Books Including Trade Editions, Publishers Library Bindings, Single Binding Editions, Quality Paperbacks and Preprocessing.
2.25 Agreement with Langham Consulting Services, Inc. to Provide Professional Services Related to the City's Integrated Billing System.
2.29 Agreement with FBMC Benefits Management, Inc., formerly Fringe Benefits Management Company, to provide City's Medical and Childcare Flexible Spending Accounts.
2.30 Grant Agreement with Santa Clara Valley Water District for the Penitencia Creek Reach 1B Project.
2.31 Grant Agreement with State of California for the Coyote Creek (Highway 237 Bikeway to Tasman Drive) Trail Project.
2.32 Master Agreement with CH2M Hill, Inc., for Consultant Design Services Supporting Various City Trail Projects.
2.33 Master Agreement with Callander Associates Landscape Architecture, Inc., for Consultant Design Services Supporting Various City Trail Projects.
2.35 Agreement with Financial Consulting Solutions Group, Inc. for the Storm Drainage, Sanitary Sewer and Sewage Treatment Plant Connection Fee Study.
2.41 Agreement with Westin Engineering, Inc., for Implementation of a Computerized Maintenance Management System.
2.42 Agreement with Signature Technologies for the Public Address System at International Terminal at the Airport.
2.44 Master Agreement for the Terms and Conditions of Accepting Airport Improvement Program Grants with the United States Department of Transportation Federal Aviation Administration.
2.46 Application to the State of California for Grant Funding from the Housing-Related Parks Program.
2.49 Report on the San José Bringing Everyone's Strengths Together and Mayor's Gang Prevention Task Force Programs.
(a) Accept the report on 2009-2010 San Jose Bringing Everyone's Strengths Together (BEST) and the Mayor's Gang Prevention Task Force (MGPTF) Evaluation Report.
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.1 Public Hearings on Business Improvement District Reports for FY 2011-2012.
(a) Conduct public hearing and adopt a resolution approving the Hotel Business Improvement District budget report for Fiscal Year 2011-12, as filed or as modified by the Council, and to levy the Hotel BID assessments for 2011-2012. CEQA: Exempt, File No. PP08-048. Council District 3. (Economic Development)
(b) Conduct public hearing and adopt a resolution approving the Japantown Business Improvement District budget report for Fiscal Year 2011-12, as filed or as modified by the Council, and to levy the Japantown BID assessments for 2011-2012. CEQA: Exempt, File No. PP08-048. Council District 3. (Economic Development)
(c) Conduct public hearing and adopt a resolution approving the Downtown Business Improvement District budget report for Fiscal Year 2011-12, as filed or as modified by the Council, and to levy the Downtown BID increased assessments for 2011-2012. CEQA: Exempt, File No. PP08-048. Council District 3. SNI: St. James Square; University; Joséfa/Auzerais; Burbank/Del Monte. (Economic Development)
TO BE HEARD NO EARLIER THAN 1:30 P.M.
4.2 Sale of City-Owned Surplus Property on Cahalan Avenue.
(a) Declare the vacant 50,530 square foot City-owned parcel [APN 464-44-057] located at the northern terminus of Cahalan Avenue south of the Route 85 freeway surplus to the needs of the City;
(b) Approve an agreement between the City and Summerhill Blossom Hill Land Holding, LLC, for the sale of the property in the amount of $450,000; and
4.3 Purchase and Sale Agreement for City Owned Property Located at 150 Terraine Street.
(a) Declare the vacant 13,045 square foot 150 Terraine Street City-owned Parcel (APN 259-32-083) surplus to the needs of the City;
(b) Authorize the City Manager or designee to negotiate and execute a Purchase and Sale Agreement for City owned property located at 150 Terraine Street; and
4.4 Implementation of School of Arts & Culture at Mexican Heritage Plaza.
(a) Adopt a resolution authorizing the City Manager to negotiate and execute an Interim Incubator Operator Agreement with 1stACT Silicon Valley, for the management and operation of the Plaza based on business terms and conditions described in this memorandum for a term not to exceed 3 years at a maximum total compensation not to exceed $1,485,000, subject to the City Council's annual appropriation of funds for the operating payments.
(b) Adopt a resolution to amend the FY 2011-2012 Schedule of Fees and Charges (Resolution No. 72737, as amended) to suspend the use and rental fees for Mexican Heritage Plaza for so long as the City is not operating the facility.
CEQA: Exempt, File No. PP10-097. Council District 5. SNI Area: Mayfair. (Public Works/Office of Economic Development)
5. NEIGHBORHOOD SERVICES
5.1 Parks, Recreation and Neighborhood Services 2011-2012 Agreements.
(a) Authorize the City Manager to negotiate and execute all agreements and amendments for the Department of Parks, Recreation and Neighborhood Services identified on Attachment A of the staff memorandum consistent with the 2011-2012 Proposed Budget;
(b) Authorize the City Manager to negotiate and execute agreements and amendments to accept grant funds identified in Attachment B of the staff memorandum;
(c) Authorize the City Manager to negotiate and execute a four-month extension of the agreement with the County of Santa Clara for the Senior Nutrition Agreement into the first four months of 2011-2012 and to accept grant funds for that period in amounts consistent with budgeted amount in the 2010-2011 agreement, until a new agreement for 2011-2012 is finalized with the County;
(d) Authorize the Director of Parks, Recreation and Neighborhood Services to negotiate and execute 2011-2012 contracts and amendments consistent with Adopted Budget amounts for the following grant programs:
(e) Authorize the City Manager or designee to negotiate and execute 2011-2012 contracts and amendments consistent with Adopted Budget amounts for the following:
(f) Authorize the City Manager to negotiate and execute the Third Amendment to the Park Maintenance Agreement between the City of San Jose and Hitachi Technologies, Inc. to extend the term of maintenance agreement from June 30, 2011 to June 30, 2012 for the Ramac, Raleigh Linear Green and Charlotte Commons parks at no cost to the City.
CEQA: Grace Baptist Church, Not a Project, File PP10-066(e), Lease of Existing Space; Kids Love Soccer, Not a Project, File PP10-066(e), Consultant Services; Children's Health Initiative, Not a Project, File PP10-066(e), Services that involve no change to the environment; Hitachi Technologies, Mixed Use Transit Village, EIR, Resolution No. 72772; B.E.S.T., Not a Project, File PP10-066(e), Services that involve no change to the environment; General Fund Grants, Not a Project, File PP10-066(e), Services that involve no change to the environment; Alum Rock School District, Not a Project, File PP10-066(e), Services that involve no change to the environment; COPS Urban Violence Grant, Not a Project, File PP10-066(e), Services that involve no change to the environment; County of Santa Clara - Mental Health Services, Not a Project, File PP10-066(e), Services that involve no change to the environment; First 5 of Santa Clara County, Not a Project, File PP10-066(e), Services that involve no change to the environment; County of Santa Clara Agreement for Senior Nutrition Program, Not a Project, File PP10-066(e), Services that involve no change to the environment. (Parks, Recreation and Neighborhood Services)
6. TRANSPORTATION & AVIATION SERVICES
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Public Hearing on a Commercial Solid Waste and Recyclables Collection Franchise.
(a) Adopt a resolution to adopt the Negative Declaration prepared for the Commercial Collection System Redesign Project, File No. PP10-157, as having been completed in compliance with the California Environmental Quality Act and reflecting the City's independent judgment and analysis.
(b) Hold a public hearing on the application of Allied Waste Services of Santa Clara County for Commercial Solid Waste and Recyclable Material Collection Franchises for the North and South Service Districts; approve an ordinance granting the franchises; and adopt a resolution authorizing the City Manager to negotiate and execute a Commercial Solid Waste and Recyclable Material Collection Franchises Agreement with Allied Waste Services of Santa Clara County, in substantial compliance with the terms specified in the draft Franchises Agreement, for a term from September 13, 2011 through June 30, 2027.
(c) Direct staff to return to Council in 2011-2012 with proposed ordinances or resolutions for adoption needed to implement the new commercial solid waste system, including establishing maximum customer service rates.
CEQA: Negative Declaration, File No. PP10-157. (Environmental Services/Planning, Building and Code Enforcement)
TO BE HEARD NO EARLIER THAN 1:30 P.M.
7.2 Actions Related to the Construction and Operation of a Dry Anaerobic Digestion Facility.
(a) Adopt a resolution to adopt the Mitigated Negative Declaration prepared for the Dry-Fermentation Anaerobic Digestion Facility Project, File No. SP09-057, as having been completed in compliance with the California Environmental Quality Act and reflecting the City's independent judgment and analysis, and to adopt a related mitigation monitoring and reporting program. CEQA: Mitigated Negative Declaration for Special Use Permit for a 270,000 ton per year dry fermentation anaerobic digestion facility to process the organic portion of solid waste, File No. SP09-057.
(b) Adopt a resolution to authorize the City Manager to negotiate and execute a ground lease in the form proposed, with Zero Waste Energy Development Company for the construction and operation of a dry anaerobic digestion facility on Water Pollution Control Plant land, for a 30 year term, subject to base rent equivalent to $850,000 per year on Phase I, and ongoing rent payments of $4.35 per organic ton processed in Phases II and III, subject to annual adjustment directly tied to Consumer Price Index increases.
Council District 4. (Planning, Building and Code Enforcement/Economic Development)
7.4 Term Sheet for the New Markets Tax Credit Transaction for the Environmental Innovation Center.
(a) Adopt a resolution authorizing the City Manager to negotiate and execute a term sheet with JPMorgan Chase N.A., Brownfield Revitalization, LLC, Northern California Community Loan Fund, and HEDC-New Markets, Inc., to secure New Markets Tax Credit financing for the San José Environmental Innovation Center.
(b) Adopt a resolution authorizing the City Manager or Designee to execute and record a grant deed effecting a lot line adjustment permit for the Environmental Innovation Center property.
CEQA: Negative Declaration for the renovation of the EIC was adopted on December 1, 2009, File No. PP09-138. (Environmental Services)
10. GENERAL PLAN PUBLIC HEARINGS (To be heard by the City Council at 7:00 p.m.)
11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.)
11.1 Public Hearings on Consent Calendar.
(a) Consideration of an ordinance rezoning the real property located on the northeast corner of Toy Lane and Kettmann Road (2605 Toy Lane) to allow up to two single-family houses on .32 acres. Specifically, the proposal would facilitate the following: 1) an existing single-family lot to be subdivided into two lots; 2) demolition of a detached garage and storage structure; 3) the addition of an attached garage to the existing detached single-family residence; and 4) the construction of a new single-family detached residence with an attached garage on the newly created lot (Desai Himanshu and Anima H. Trustee, Owner). CEQA: Exempt.
PDC07-052 - District 8
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