(a) Increase the total compensation by $210,055 for a revised total amount not to exceed $291,055 for continued temporary employment services for five Assistant Environmental Inspectors; and

(b) Extend the term of the Purchase Order through June 30, 2013. CEQA: Not a Project, File No. PP10-066(a), Agreements and Contracts. (Finance)

(a) Declaring 28,990 square feet of vacated street on Emory Street, surplus to the needs of the City;

(b) Approving an agreement between the City of San José and Bellarmine College Preparatory (Bellarmine) for sale of the property in the amount of $325,000; and

(c) Authorizing the City Manager or her designee to execute the sale agreement, the deed and all other documents necessary to complete the transaction. CEQA: Mitigated Negative Declaration, File No. PDC07-072. (Economic Development) (Deferred from 12/4/12 - Item 4.2 and 12/11/12 - Item 4.1)

(b) Direct the Administration to negotiate and bring back for Council consideration a written agreement with Mill Creek Residential Trust LLC that meets the criteria set forth in subsection (a) of the staff memorandum. CEQA: Resolution No.72768, Addendum to the North San José Policy Update EIR. Council Districts 3 and 4. (Planning, Building and Code Enforcement/Housing)

(a) Approve an ordinance of the City of San José amending Chapter 13.32 of Title 13 of the San José Municipal Code, and amending Sections 20.100.140 and 20.100.220 of Chapter 20.100 of Title 20, to modify the tree removal requirements for single-family residences in order to streamline permitting processes and further implement the Community Forest Goal and Policies set forth within the Envision San José 2040 General Plan, to modify permit recordation requirements for tree removal and certain other permits, and to make other technical, non-substantive, or formatting changes within those chapters and sections of Title 13 and Title 20; and

(b) Adopt a Resolution setting forth the tree species to be placed on the unsuitable tree list as eligible for the modified tree removal requirements for single-family residences. CEQA: Final Program EIR for Envision San José 2040 General Plan, EIR Resolution No. 76041, File No. PP12-098. Citywide (Deferred from 12/11/12 - Item 11.3) TO BE HEARD NO EARLIER THAN 3:00 P.M.

(b) Approving a quitclaim deed and agreement for transfer of such surplus property to Mission West Properties, L.P. II, the adjacent property owner, without consideration; and

(c) Authorizing the City Manager or designee to execute such deed and agreement and all other documents necessary to complete the transaction. CEQA: EIR 08/1973, Council District: 2. (Economic Development) (Rules Committee referral 12/12/12)

(a) Approve the Downtown San José Property-Based Business Improvement District Annual Financial Report for Fiscal Year 2011-12.

(b) Adopt a resolution authorizing the City Manager to negotiate and execute an agreement with the San José Downtown Property Owners' Association and the San José Downtown Association to manage the Downtown Property-Based Business Improvement District (PBID) and provide baseline and enhanced services as specified in the approved PBID Management Plan and Engineer's Report from January 1, 2013 to December 31, 2022, subject to annual reporting to and appropriation by the City Council. CEQA: Exempt. File No. PP12-053. Council District 3. (Transportation)

(a) Approve an assignment from the Successor Agency assigning its obligations regarding certain covenants for the benefit of the owner of the 50 West San Fernando Street building to the City;

(b) Approve an assignment by the City Council accepting an assignment from the Successor Agency of such covenants; and

(c) That the City Council approve an amendment to the parking covenants to identify replacement parking for the building and clarify other terms of the parking covenant. (Successor Agency)

(a) Consenting to the recording of a subordinate leasehold deed of trust for an Federal Home Loan Bank Affordable Housing Program loan in the amount of $1,000,000 against the Ground Lease between the City of San José Financing Authority ("Authority") and Fourth Street Apartments, L.P. (the "Borrower") for the Fourth Street Apartments located at 1460 North Fourth Street;

(b) Consenting to the recording of a subordinate leasehold deed of trust for a Mental Health Services Act ("MHSA") loan in the amount of $661,621 and a $570,000 operating subsidy grant against the Ground Lease between the Authority and the Borrower for the Fourth Street Apartments;

(c) Consenting to the recording of a subordinate leasehold deed of trust for a Tax Credit Assistance loan in the amount of $8,789,846 against the Ground Lease between the Authority and the Borrower for the Fourth Street Apartments;

(d) Authorizing the Executive Director of the Authority or designee to negotiate and execute an amendment to the Ground Lease to add the new subordinate loans and lenders and to provide additional notice and cure provisions for the California Housing Finance Agency, in connection with MHSA loan; and

(e) Authorizing the Executive Director of the Authority or designee to execute all documents pertaining to these approvals. CEQA: Addendum to Final EIR for the North San José Area Development Policy, Resolution No. 72768, File No. PDC06-022. Council District 3. (Finance/Housing)