(a) ORD. NO. 25958 - Amending Title 20 of the San José Municipal Code by amending Section 20.10.040 of Chapter 20.10, amending Section 20.40.100 of Chapter 20.40; amending Section 20.50.100 of Chapter 20.50, amending Section 20.70.100 of Chapter 20.70, adding a new Part 9.5 to Chapter 20.80, adding a new Part 13 to Chapter 20.100, and amending Section 20.100.200 of Chapter 20.100, all to establish land use regulations pertaining to Medical Marijuana Collectives and to establish a related zoning verification certificate process.

(b) ORD. NO. 28960 - Amending Title 6 of the San José Municipal Code to add a new Chapter 6.88 to establish regulations pertaining to Medical Marijuana Collectives and to the individual cultivation and use of medical marijuana.

(a) Approve a request for a Waiver of the Revolving Door Restriction under San José Municipal Code Section 12.10.030 (A). for Edith Ramirez, former Redevelopment Agency employee, to allow her to work on legislative or administrative matters which she worked on during the twelve months prior to her termination of service, or which was within her area of job responsibility as defined in Section 12.10.030 A. The Committee recommends a finding that a Waiver of the Revolving Door Restriction under San José Municipal Code Section 12.10.070 for Ms. Ramirez, is in the best interest of the City,

(b) Approve a request for a Waiver of the Revolving Door Restriction under San José Municipal Code Section 12.10.030 (B) for Ms. Ramirez only for the purpose of representing before City commissions or City staff, businesses or persons that, within the last 12 months of Ms. Ramirez's employment with the Agency (1) did not receive any subsidy from the Agency or (2) were not involved with any project Ms. Ramirez worked on. The Committee recommends a finding that a Waiver of the Revolving Door Restriction under San José Municipal Code Section 12.10.070 for Ms. Ramirez, is in the best interest of the City.

(c) A waiver of Municipal Code Sections 12.10.030 (C). is not granted. Ms. Ramirez remains subject to the Revolving Door Restrictions under that section and may not receive any gift or payment as defined in 12.10.030 (C). [Rules Committee referral 08/31/11 - Item H(7)]

(a) Discuss refinements to the draft Habitat Conservation Plan and alignment to the June 2011 Budget Message; and

(b) Refer questions and concerns to staff for response. CEQA: Not a Project, File No. PP10-069. (Planning, Building and Code Enforcement) (Continued from 9/20/11 - Item 4.3) TO BE HEARD FOLLOWING ITEM 3.8 NO EARLIER THAN 3:00 P.M.

(a) Authorizing the issuance of a tax-exempt multifamily housing revenue note designated as "City of San José Multifamily Housing Revenue Note (First and Rosemary Family Apartments), Series 2011B" in an aggregate principal amount not to exceed $30,700,000 (the "Governmental Lender Note" or "Note");

(b) Approving a loan of Note proceeds to 1st and Rosemary Family Housing, L.P., a California limited partnership created by ROEM Apartments Communities, LLC to finance the construction of the First and Rosemary Apartments located at 34, 66, 80 East Rosemary Street in San José;

(c) Approving in substantially final form the Borrower Loan Agreement, Funding Loan Agreement, and Regulatory Agreement and Declaration of Restrictive Covenants (the "Documents");

(d) Authorizing and directing the City Manager, Acting Director of Finance, Assistant Director of Finance, Treasury Division Manager, Debt Administrator, and Director of Housing, or their designees, to execute and, deliver these Documents and other related Note documents as necessary; and

(e) Declaring its intent to use the proceeds of the notes to reimburse project expenditures. CEQA: EIR Resolution 72768, adopted June 21, 2005, File No. PDC07-101. Council District 3. SNI: Rincon De Los Esteros. (Finance/Housing)

(a) Lexington Insurance Company, (Boston, MA) for Property, including Boiler & Machinery.

(c) St Paul/Travelers Insurance Company, (Hartford, CT) for Automobile Liability (Airport fleet vehicles and Shuttle Buses physical damage only/WPCP fleet vehicles); and

(d) Indian Harbor Insurance Company, (Stamford, CT) for Secondary Employment Law Enforcement Professional Liability. CEQA: Not a Project, File No. PP 10-066(a), agreements and contracts for purchase of insurance. (City Manager's Office/Redevelopment Agency)

(b) Adopt a resolution authorizing the City Manager or designee to negotiate and execute, by June 30, 2013, additional Power Purchase Agreements with SolarCity Corporation at alternative or additional City facilities in the form approved by Council and subject to the limitations (cash flow positive, private activity analysis, financing and landlord consent, parkland and CEQA clearance) outlined in this staff memorandum to Council.

(a) Consideration of an ordinance zoning the real property located on the northeast corner of Highway 280 and Saratoga Avenue (500 Saratoga Avenue) for a private school master plan which includes the demolition of approximately 85,000 square feet of existing buildings and construction of approximately 316,440 gross square feet of new construction and a new turf field on a 15.9 gross acre site, with no proposed increase in student population (Harker Academy Foundation, Owner). CEQA: Mitigated Negative Declaration, Resolution to be Adopted. PDC10-017 - District 1

(b) Consideration of an ordinance rezoning the real property located at the southeast corner of Almaden Expressway and Chynoweth Avenue (14418 Almaden Road) to allow for the development of up to 400,000 square feet of commercial uses and modifications to a previously approved roadway network by extending Cherry Avenue through the site to Sanchez Avenue south of Highway 85 on a 43.5 gross acre site (Arcadia Homes, Inc, Brad Durga, Owner). CEQA: Almaden Ranch Environmental Impact Report (EIR). PDC10-006 - District 9 DROP END OF PUBLIC HEARINGS ON CONSENT CALENDAR