Video index

3. STRATEGIC SUPPORT SERVICES

3.3 Ordinance to Streamline and Enhance the Collection of the City's Transient Occupancy Tax and Other Taxes.

(a) Provide for personal liability for the payment of unpaid taxes by certain responsible parties;

(b) Provide, where not otherwise in conflict or specified in the Municipal Code, that the Director of Finance has authority to promulgate and publish regulations related to the administration, collection and enforcement of City taxes;

(d) Provide that the Director of Finance's decision following a tax assessment hearing is final and conclusive in order to expedite the resolution of disputes;

(e) Set forth the responsibility of successor hotel operators for unpaid taxes;

(f) Clarify the definition of operator for purposes of the Transient Occupancy Tax; and

(g) Clarify that payment of a disputed City tax is required prior to filing a lawsuit to challenge the tax. CEQA: Not a Project; File No. PP10-068c, Municipal Code or Policy. (City Attorney's Office)

3.4 Approval of Terms of an Agreement on Sick Leave Payout with the Association of Engineers and Architects (Unit 41/42 and Unit 43), International Federation of Professional and Technical Engineers, Local 21 (AEA).

INVOCATION

ORDERS OF THE DAY

CLOSED SESSION REPORT

1. CEREMONIAL ITEMS

1.1 Presentation of a proclamation declaring September 19, 2012 as "It Can Wait - No Texting While Driving Pledge Day" in the City of San José. (Mayor)

1.2 Presentation of a proclamation recognizing September 22, 2012 as "National Gymnastics Day" in the City of San José. (Mayor) DROP

1.3 Presentation of a commendation to the San José Police Officers Association and San José Police Department Bureau of Field Operations Administration personnel Adriene O'Dell and Michelle Martinez for establishing a Victim's Fund for the three Jimenez children who were orphaned on July 23rd in a tragic and senseless act of domestic violence. (Pyle)

1.4 Presentation of a commendation to San José Action Sports (formally Save Our Skate Park) for their community support and fundraising efforts for the Lake Cunningham Regional Skate Park. (Herrera) (Rules Committee referral 9/12/12)

1.5 Presentation of a proclamation recognizing the Week of September 17 - 23, 2012 as "Constitution Week" in the City of San José. (Mayor) (Rules Committee referral 9/12/12)

2. CONSENT CALENDAR

2.1 Approval of Minutes.

2.2 Final Adoption of Ordinances.

2.3 Approval of Council Committee Reports.

2.4 Mayor and Council Excused Absence Requests.

2.5 City Council Travel Reports.

2.6 Report from the Council Liaison to the Retirement Boards.

2.7 Amendment to the Advertising Concession Agreement with Clear Channel.

2.8 Actions Related to Age and Mileage Incentives for Accessible and Clean Fuel Vehicles.

2.9 Agreement with Santa Clara County for Payment For Pavement Improvements.

2.10 Agreement with the San José Downtown Property Owners Association and the San José Downtown Association to Authorize Implementation of Enhanced Security Pilot Program.

2.11 Master Consultant Agreement with RMC Water and Environment to Develop a Master Plan for the South Bay Water Recycling Program.

2.12 2012-2013 Team San José Performance Measures.

2.13 Resolution Amending the Council's Rules of Conduct of Meetings.

2.14 District 8 Meadowfair Neighborhood Clean-Up.

4. COMMUNITY & ECONOMIC DEVELOPMENT

4.1 Public Hearing on the FY 2011-2012 Consolidated Annual Performance Evaluation Report.

4.2 Public Hearing on an Amendment to the Citizen Participation Plan as Required by the U.S. Department of Housing and Urban Development (HUD) for Local Government Recipients of Entitlement Grants.

(a) Hold a public hearing on an Amended Citizen Participation Plan; and

(b) Adopt a resolution approving the Amended Citizen Participation Plan. CEQA: Not a Project, PP10-068, General Procedure and Policy Making. (Housing)

4.3 Rezoning Real Property Located on the South Side of Summerside Drive Between McLaughlin and Lucretia Avenues.

4.4 Actions Related to Construction Taxes.

4.5 Amendment to the Design-Build Contract with Hunt Construction Group for the Convention Center Expansion and Renovation Project.

4.6 Proposed Annexation to Maintenance District 15 (Silver Creek Valley).

4.7 Proposed Annexation to Maintenance District 19 (River Oaks Area Landscaping).

4.3 Rezoning Real Property Located on the South Side of Summerside Drive Between McLaughlin and Lucretia Avenues.

6. TRANSPORTATION & AVIATION SERVICES

6.1 Amendment to Airport Rate Resolution No. 75809, and Ordinance Regarding Airport Rate Procedures, Methodologies, and Applications.

(a) Adopt a resolution:

(b) Approve an ordinance amending Sections 25.08.320, 25.08.330, 25.08.340, and 25.08.360 of Part 3 of Chapter 25.08 of Title 25 the San José Municipal Code to establish minimum requirements, rates and charges for the operation at and use of the Norman Y. Mineta San Jose International Airport by certificated passenger and cargo air carriers that are not regularly scheduled to land at the Airport.

(c) Approve an ordinance of the City of San José Amending Sections 25.10.010 and 25.10.030 of Chapter 25.10 of Title 25 of the San José Municipal Code to clarify the application requirements for ground transportation providers. CEQA: Statutorily Exempt, File No. PP10-067(a), CEQA Guidelines Section 15273, Rates/Tolls/Fares/Charges (Recommendation A); Not a Project, File No. PP10-066(e), Services that involve no physical changes to the environment (Recommendation B-C). (Airport)

6.2 Agreement with Taxi San José for Airport On-Demand Ground Transportation Dispatch Services and Ordinance Regarding On-Demand Permits.

(a) Adopt a resolution:

(1) Authorizing the City Manager to negotiate and execute an agreement with Taxi San José to manage the Airport On-Demand Ground Transportation Dispatch Services for a three-year term from October 1, 2012 through September 30, 2015, with space rent to the City in an annual amount of $90,752.16.

(2) Authorizing the City Manager to exercise one (1) two-year option to extend the Agreement on the same terms and conditions and at the City's sole discretion.

(b) Approve an ordinance amending San José Municipal Code Section 25.08.750 and following to allow permits rather than agreements for ground transportation providers of on-demand services at the Airport. CEQA: Not a Project, File No. PP10-066(e), Services that involve no physical changes to the environment. (Airport)

OPEN FORUM

ADJOURNMENT

Sep 18, 2012 City Council

Full agenda
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3. STRATEGIC SUPPORT SERVICES

3.1 Report of the City Manager, Debra Figone (Verbal Report)

3.2 Labor Negotiations Update

ADJOURN TO CLOSED SESSION

3.3 Ordinance to Streamline and Enhance the Collection of the City's Transient Occupancy Tax and Other Taxes.

(a) Provide for personal liability for the payment of unpaid taxes by certain responsible parties;

(d) Provide that the Director of Finance's decision following a tax assessment hearing is final and conclusive in order to expedite the resolution of disputes;

(e) Set forth the responsibility of successor hotel operators for unpaid taxes;

(f) Clarify the definition of operator for purposes of the Transient Occupancy Tax; and

(g) Clarify that payment of a disputed City tax is required prior to filing a lawsuit to challenge the tax. CEQA: Not a Project; File No. PP10-068c, Municipal Code or Policy. (City Attorney's Office)

3.4 Approval of Terms of an Agreement on Sick Leave Payout with the Association of Engineers and Architects (Unit 41/42 and Unit 43), International Federation of Professional and Technical Engineers, Local 21 (AEA).

INVOCATION

ORDERS OF THE DAY

CLOSED SESSION REPORT

1. CEREMONIAL ITEMS

1.1 Presentation of a proclamation declaring September 19, 2012 as "It Can Wait - No Texting While Driving Pledge Day" in the City of San José. (Mayor)

1.2 Presentation of a proclamation recognizing September 22, 2012 as "National Gymnastics Day" in the City of San José. (Mayor) DROP

1.3 Presentation of a commendation to the San José Police Officers Association and San José Police Department Bureau of Field Operations Administration personnel Adriene O'Dell and Michelle Martinez for establishing a Victim's Fund for the three Jimenez children who were orphaned on July 23rd in a tragic and senseless act of domestic violence. (Pyle)

1.4 Presentation of a commendation to San José Action Sports (formally Save Our Skate Park) for their community support and fundraising efforts for the Lake Cunningham Regional Skate Park. (Herrera) (Rules Committee referral 9/12/12)

1.5 Presentation of a proclamation recognizing the Week of September 17 - 23, 2012 as "Constitution Week" in the City of San José. (Mayor) (Rules Committee referral 9/12/12)

2. CONSENT CALENDAR

2.1 Approval of Minutes.

2.2 Final Adoption of Ordinances.

2.3 Approval of Council Committee Reports.

2.4 Mayor and Council Excused Absence Requests.

2.5 City Council Travel Reports.

2.6 Report from the Council Liaison to the Retirement Boards.

2.7 Amendment to the Advertising Concession Agreement with Clear Channel.

2.8 Actions Related to Age and Mileage Incentives for Accessible and Clean Fuel Vehicles.

2.9 Agreement with Santa Clara County for Payment For Pavement Improvements.

2.10 Agreement with the San José Downtown Property Owners Association and the San José Downtown Association to Authorize Implementation of Enhanced Security Pilot Program.

2.11 Master Consultant Agreement with RMC Water and Environment to Develop a Master Plan for the South Bay Water Recycling Program.

2.12 2012-2013 Team San José Performance Measures.

2.13 Resolution Amending the Council's Rules of Conduct of Meetings.

2.14 District 8 Meadowfair Neighborhood Clean-Up.

4. COMMUNITY & ECONOMIC DEVELOPMENT

4.1 Public Hearing on the FY 2011-2012 Consolidated Annual Performance Evaluation Report.

4.2 Public Hearing on an Amendment to the Citizen Participation Plan as Required by the U.S. Department of Housing and Urban Development (HUD) for Local Government Recipients of Entitlement Grants.

(a) Hold a public hearing on an Amended Citizen Participation Plan; and

(b) Adopt a resolution approving the Amended Citizen Participation Plan. CEQA: Not a Project, PP10-068, General Procedure and Policy Making. (Housing)

3. STRATEGIC SUPPORT SERVICES

1. CEREMONIAL ITEMS

2.1 Approval of Minutes.

2.2 Final Adoption of Ordinances.

2.3 Approval of Council Committee Reports.

2.4 Mayor and Council Excused Absence Requests.

2.5 City Council Travel Reports.

2.6 Report from the Council Liaison to the Retirement Boards.

2.7 Amendment to the Advertising Concession Agreement with Clear Channel.

2.8 Actions Related to Age and Mileage Incentives for Accessible and Clean Fuel Vehicles.

2.9 Agreement with Santa Clara County for Payment For Pavement Improvements.

2.10 Agreement with the San José Downtown Property Owners Association and the San José Downtown Association to Authorize Implementation of Enhanced Security Pilot Program.

2.11 Master Consultant Agreement with RMC Water and Environment to Develop a Master Plan for the South Bay Water Recycling Program.

2.12 2012-2013 Team San José Performance Measures.

2.13 Resolution Amending the Council's Rules of Conduct of Meetings.

2.14 District 8 Meadowfair Neighborhood Clean-Up.

4. COMMUNITY & ECONOMIC DEVELOPMENT

6. TRANSPORTATION & AVIATION SERVICES

(a) Adopt a resolution:

Sep 18, 2012 City Council

3. STRATEGIC SUPPORT SERVICES

1. CEREMONIAL ITEMS

2.1 Approval of Minutes.

2.2 Final Adoption of Ordinances.

2.3 Approval of Council Committee Reports.

2.4 Mayor and Council Excused Absence Requests.

2.5 City Council Travel Reports.

2.6 Report from the Council Liaison to the Retirement Boards.

2.7 Amendment to the Advertising Concession Agreement with Clear Channel.

2.8 Actions Related to Age and Mileage Incentives for Accessible and Clean Fuel Vehicles.

2.9 Agreement with Santa Clara County for Payment For Pavement Improvements.

2.10 Agreement with the San José Downtown Property Owners Association and the San José Downtown Association to Authorize Implementation of Enhanced Security Pilot Program.

2.11 Master Consultant Agreement with RMC Water and Environment to Develop a Master Plan for the South Bay Water Recycling Program.

2.12 2012-2013 Team San José Performance Measures.

2.13 Resolution Amending the Council's Rules of Conduct of Meetings.

2.14 District 8 Meadowfair Neighborhood Clean-Up.

4. COMMUNITY & ECONOMIC DEVELOPMENT

6. TRANSPORTATION & AVIATION SERVICES

(a) Adopt a resolution:

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