3. STRATEGIC SUPPORT SERVICES
3.4 Actions Related to the Marijuana Business Tax.
(a) Consider increasing the Marijuana Business Tax rate from 7% of gross receipts to 10% of gross receipts, as allowed under Measure U; and
1. CEREMONIAL ITEMS
2. CONSENT CALENDAR
2.7 Amendment to Meyers Nave Agreement for Legal Services Related to the Fiscal Reform Plan.
(a) Adopt a resolution authorizing the City Attorney to negotiate and execute a third amendment to the agreement with Meyers, Nave, Riback, Silver & Wilson for legal services in connection with employment, labor, and pension reform, increasing the contract amount by $900,000 for a total amount not to exceed $2,100,000, subject to appropriation of funds as recommended below.
2.8 Actions Related to the Census Tracts that Comprise the Targeted Employment Area for the Enterprise Zone.
2.9 Report on Bids and Award of Contract to JMB Construction, Inc. for the Influent Magnetic Meter and Valve Replacement for Nitrification Clarifiers.
2.10 Amendments to the Administrative Citation Schedule of Fines.
(a) Amending the Administrative Citation Schedule of Fines to change fines for the Solid Waste, Pretreatment, Dental Amalgam, Stormwater Treatment Measures, and Fats, Oils, and Grease enforcement programs. (Environmental Services)
(b) Amending the Administrative Citation Schedule of Fines to create escalating administrative citation fines for violations of Sections 20.40.520 and 20.40.560 of Chapter 20.40 related to outdoor uses within 150 feet of residentially zoned property and activity in Industrial Zoning Districts, Section 20.50.220 of Chapter 20.50 and Sections 20.75.300, 20.75.320, and 20.75.370 of Chapter 20.75 related to late night use and activity, outdoor uses within 150 feet of residentially zoned property and screening of uses from adjacent properties in Pedestrian-Oriented Zoning Districts, and Sections 20.80.810, 20.80.830, 20.80.840, 20.80.860,
2.16 SB 434 (Hill) Personal Income and Corporation Taxes: Hiring Credits: Enterprise Zones, Lambras, Manufacturing Enhancement Areas, and Targeted Tax Areas.
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.1 Motion for Reconsideration relating to Item 2.2a on 5-14-13 Council Agenda (Adoption of amendments to Sign Code) and final adoption of Ordinance No. 29246.
(a) Council by motion waive the 10-day noticing requirement for the following item, approve its placement on the agenda, and consider the following recommendation.
(b) Consider a request to reconsider the City Council's action to adopt Ordinance No. 29246 (Item 2.2a on the May 14th Council Agenda) - Amending Title 23 of the San José Municipal Code by amending Section 23.02.1045 and adding new Sections 23.02.155, 23.02.385, 23.02.424, 23.02.920 and 23.02.1045 to Chapter 23.02, and amending Section 23.04.020 of Chapter 23.04, all to add pedestrian wayfinding signs as signs that do not reduce signage otherwise allowable under Title 23, to allow for additional attached signs for large shopping center buildings and specify the maximize size of such signs, and to allow for entryway signs as a new type of attached sign on large shopping center buildings, and making other nonsubstantive, ministerial, technical, or typographical changes to said Chapters 23.02 and 23.04 of Title 23 of the San José Municipal Code. (Constant)
(c) Adopt Ordinance No. 29246 as revised to clarify that each primary Entryway Sign shall not exceed five (5) square feet for each linear foot of Public Entryway Width, to a maximum square footage of one hundred eighty (180) square feet.
REQUIRES A DETERMINATION BY A TWO-THIRDS (2/3) VOTE OF THE MEMBERS OF THE COUNCIL PRESENT AT THE MEETING, OR, IF LESS THAN TWO-THIRDS (2/3) OF THE MEMBERS OF THE COUNCIL ARE PRESENT AT THE MEETING, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION. Council's Rules of Conduct, Resolution, Rule 3(d).
6. TRANSPORTATION & AVIATION SERVICES
6.1 Actions Related to the Bicycle and Pedestrian Projects Grant.
(a) Authorizing the City Manager or designee to submit a request to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2013-2014 Transportation Development Act, Article 3 (TDA3) State grant funding in the amount of $1,225,799 for Citywide Bicycle and Pedestrian projects;
(b) Making the certifications and assurances required under the grant program as explained in this memorandum; and
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Actions Related to the Recycle Plus Large Item Collection and Yard Trimmings Cart Rates.
(a) Increase the rate for on-demand single-family large item collection services by $0.44 to $26.30;
(b) Increase the rates for on-demand multi-family large item collection services by $0.96 to $58.36 for the first three items and by $0.32 to $19.45 for each additional item during the same collection;
(c) Increase the single-family rate for optional subscription yard trimmings cart services from $4.35 to $4.69 per month; and
May 21, 2013 City Council
3. STRATEGIC SUPPORT SERVICES
3.4 Actions Related to the Marijuana Business Tax.
(a) Consider increasing the Marijuana Business Tax rate from 7% of gross receipts to 10% of gross receipts, as allowed under Measure U; and
1. CEREMONIAL ITEMS
2. CONSENT CALENDAR
2.7 Amendment to Meyers Nave Agreement for Legal Services Related to the Fiscal Reform Plan.
(a) Adopt a resolution authorizing the City Attorney to negotiate and execute a third amendment to the agreement with Meyers, Nave, Riback, Silver & Wilson for legal services in connection with employment, labor, and pension reform, increasing the contract amount by $900,000 for a total amount not to exceed $2,100,000, subject to appropriation of funds as recommended below.
2.8 Actions Related to the Census Tracts that Comprise the Targeted Employment Area for the Enterprise Zone.
2.9 Report on Bids and Award of Contract to JMB Construction, Inc. for the Influent Magnetic Meter and Valve Replacement for Nitrification Clarifiers.
2.10 Amendments to the Administrative Citation Schedule of Fines.
(a) Amending the Administrative Citation Schedule of Fines to change fines for the Solid Waste, Pretreatment, Dental Amalgam, Stormwater Treatment Measures, and Fats, Oils, and Grease enforcement programs. (Environmental Services)
(b) Amending the Administrative Citation Schedule of Fines to create escalating administrative citation fines for violations of Sections 20.40.520 and 20.40.560 of Chapter 20.40 related to outdoor uses within 150 feet of residentially zoned property and activity in Industrial Zoning Districts, Section 20.50.220 of Chapter 20.50 and Sections 20.75.300, 20.75.320, and 20.75.370 of Chapter 20.75 related to late night use and activity, outdoor uses within 150 feet of residentially zoned property and screening of uses from adjacent properties in Pedestrian-Oriented Zoning Districts, and Sections 20.80.810, 20.80.830, 20.80.840, 20.80.860,
2.16 SB 434 (Hill) Personal Income and Corporation Taxes: Hiring Credits: Enterprise Zones, Lambras, Manufacturing Enhancement Areas, and Targeted Tax Areas.
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.1 Motion for Reconsideration relating to Item 2.2a on 5-14-13 Council Agenda (Adoption of amendments to Sign Code) and final adoption of Ordinance No. 29246.
(a) Council by motion waive the 10-day noticing requirement for the following item, approve its placement on the agenda, and consider the following recommendation.
(b) Consider a request to reconsider the City Council's action to adopt Ordinance No. 29246 (Item 2.2a on the May 14th Council Agenda) - Amending Title 23 of the San José Municipal Code by amending Section 23.02.1045 and adding new Sections 23.02.155, 23.02.385, 23.02.424, 23.02.920 and 23.02.1045 to Chapter 23.02, and amending Section 23.04.020 of Chapter 23.04, all to add pedestrian wayfinding signs as signs that do not reduce signage otherwise allowable under Title 23, to allow for additional attached signs for large shopping center buildings and specify the maximize size of such signs, and to allow for entryway signs as a new type of attached sign on large shopping center buildings, and making other nonsubstantive, ministerial, technical, or typographical changes to said Chapters 23.02 and 23.04 of Title 23 of the San José Municipal Code. (Constant)
(c) Adopt Ordinance No. 29246 as revised to clarify that each primary Entryway Sign shall not exceed five (5) square feet for each linear foot of Public Entryway Width, to a maximum square footage of one hundred eighty (180) square feet.
REQUIRES A DETERMINATION BY A TWO-THIRDS (2/3) VOTE OF THE MEMBERS OF THE COUNCIL PRESENT AT THE MEETING, OR, IF LESS THAN TWO-THIRDS (2/3) OF THE MEMBERS OF THE COUNCIL ARE PRESENT AT THE MEETING, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION. Council's Rules of Conduct, Resolution, Rule 3(d).
6. TRANSPORTATION & AVIATION SERVICES
6.1 Actions Related to the Bicycle and Pedestrian Projects Grant.
(a) Authorizing the City Manager or designee to submit a request to the Metropolitan Transportation Commission (MTC) for the allocation of Fiscal Year 2013-2014 Transportation Development Act, Article 3 (TDA3) State grant funding in the amount of $1,225,799 for Citywide Bicycle and Pedestrian projects;
(b) Making the certifications and assurances required under the grant program as explained in this memorandum; and
7. ENVIRONMENTAL & UTILITY SERVICES
7.1 Actions Related to the Recycle Plus Large Item Collection and Yard Trimmings Cart Rates.
(a) Increase the rate for on-demand single-family large item collection services by $0.44 to $26.30;
(b) Increase the rates for on-demand multi-family large item collection services by $0.96 to $58.36 for the first three items and by $0.32 to $19.45 for each additional item during the same collection;
(c) Increase the single-family rate for optional subscription yard trimmings cart services from $4.35 to $4.69 per month; and
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