(a) ORD. NO. 29065 - Amending Title 3 of the San José Municipal Code to add new Chapters 3.54 and 3.56 and to amend Sections 3.36.575, 3.36.1925, 3.36.1930, 3.36.1950, 3.36.2030, and 3.36.2050 of Chapter 3.36 of Title 3 for the purpose of establishing two new trusts pursuant to Section 115 of the Internal Revenue Code related to retiree healthcare benefit funding and payment of retiree health care benefits.

(a) Declaring the .958 acre of City-owned property near Story Road and Roberts Avenue surplus to the needs of the City;

(b) Approving an agreement between the City and Loanie Lam and Lisa Lam, owners of the adjoining property, for the sale of the property in the amount of $42,000;

(c) Approving the Grant of Easements to City for the maintenance and operation of monitoring wells and associated ingress and egress to the sale property; and

(d) Authorizing the City Manager to execute the sale agreement, and the deed, Grant of Easements, and all other documents necessary to complete the transaction. CEQA: Exempt, File No. PP10-009. Council District 7. (Economic Development) (Deferred from 4/24/12 - Item 2.9 and 5/8/12 - Item 2.7)

(a) Authorizing an alternative competitive process for the sale of the property at 2123 Quimby Avenue, APN: 491-04-022;

(b) Approving an agreement between the City and Yolanda A. Munoz, for sale of the property in the amount of $140,000; and

(c) Authorizing the City Manager or her designee to execute all sales documents and the deed necessary to complete the transaction. CEQA: Exempt File No. PP10-016. (Economic Development)

(a) Accept the report on effects of the proposed ordinance as prepared by staff consistent with California Elections Code Section 9212; and

(b) Discuss the report and consider future action on the following options consistent with San Jose City Charter, Article 16, Sections 1601 (b) and 1603 (a) (2) and California Elections Code Section 9215:

(a) Increase the Non-Personal/Equipment appropriation by $2,600,000;

(b) Increase the estimate for Earned Revenue by $3,100,000; and

(c) Increase the Ending Fund Balance by $500,000. (City Manager's Office) TO BE HEARD FOLLOWING ITEM 6.2

(a) The possible sale of approximately 20,000 square feet of City owned property located near the Tamien Caltrain Station for the development of an elementary charter school to be operated by Rocketship Education, a California 501(c)(3) non-profit corporation; and

(b) Development of a children's play area, picnic shelter and a parking lot on a portion of the adjacent City owned property to be constructed and maintained by the school operator, and jointly used by both parties. CEQA: Not a Project, File No. PP10-066(g), Memorandum of Understanding. Council District 3. (Parks, Recreation and Neighborhood Services)

(b) Adopt a resolution authorizing the City Manager to negotiate and execute an agreement between the City of San Jose and the San Jose Vietnam War Memorial Foundation, Inc. for the design, fabrication, installation, and maintenance of a monument honoring the individuals from San Jose who lost their lives in the Vietnam War, to be located at Confluence Point in the Guadalupe River Park, at no cost to the City.   CEQA: Exempt, File No. PP11-081. (Parks, Recreation and Neighborhood Services)

(b) Provide direction on how to respond to concerns that Archbishop Mitty High School has raised regarding the City's contractual provision imposing liquidated damages for prevailing wage violations. CEQA: Categorically Exempt, File No, PP12-021. Council District 1. (Parks, Recreation and Neighborhood Services) (Deferred from 5/15/12 - Item 5.1) DROP PART B ONLY TO BE HEARD NO EARLIER THAN 3:00 P.M.

(a) Broaden the definition of "Agreements for Recreational Purposes" to include improvements to parklands that enhance the recreational use of the park by providing a necessary element of that use, such as supplying power or other utilities; and

(b) Modify the restriction on allowable compensation under early termination to remove the constraint that the compensation amount be restricted to the lesser of the unrealized amortization of the capital investment or the fair market value. CEQA: Not a Project, File No. PP10-068 (b), Municipal Code or Policy. (Environmental Services/Parks, Recreation and Neighborhood Services)

(a) Authorize, subject to the approval of the Oversight Board, the execution and delivery of a Fifth Amendment to Reimbursement Agreements in substantially final form with JPMorgan Chase Bank, NA ("JPMorgan"), to extend the terms of the letters of credit relating to the  Redevelopment Agency of the City of San José Merged Area Redevelopment Project Taxable Revenue Bonds (Subordinate Tax Allocation), Series 2003A and 2003B (collectively, "2003 Bonds") and the Redevelopment Agency of the City of San José Merged Area Redevelopment Project Revenue Bonds (Subordinate Tax Allocation), Series 1996A and Series  1996B (collectively, "1996 Bonds");

(b) Authorize, subject to the approval of the Oversight Board, the execution and delivery of a Letter Agreement regarding fees and charges for the various letters of credit in substantially final form provided by JPMorgan under the Fifth Amendment to Reimbursement Agreements for the 1996 Bonds and the 2003 Bonds in the amount of 2.25% of the aggregate outstanding amounts of the letters of credit, depending on the underlying ratings of the Redevelopment Agency of the City of San José (the "Agency");

(c) Authorize the Executive Officer of the Successor Agency to the Redevelopment Agency of the City of San José ("Successor Agency") or her designee to take any actions and execute any and all documents necessary to complete this transaction. CEQA: Not a Project, File No. PP10-066, Agreements/Contracts (New or Amended).