9:30 a.m. ‑ Closed Session, Call to Order in Council Chambers

Open Session, Labor Negotiations Update (See Item 3.2)

Adjourn to Closed Session in Council Chambers Conference Room, W133

See Separate Agenda

1:30 p.m. ‑ Regular Session, Council Chambers, City Hall

Mayor and Council Excused Absence Requests.

Recommendation:    

Request for an excused absence for Councilmember Davis from the Regular Meeting of Neighborhood Services and Education Committee on February 8, 2024 due to travel (a study trip to the Regional Transportation District (RTD) in Denver, Colorado from February 7-10, 2024).

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Davis)

[Rules Committee referral 1/31/2024 - Item A.1.a]

Actions Related to the Purchase Orders with Kemira Water Solutions, Inc. for Ferrous Chloride.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to:

(a) Amend purchase order OP 63602 with Kemira Water Solutions, Inc. (Lawrence, KS) for ferrous chloride, to increase the total compensation by $286,020 for a maximum compensation not-to-exceed $1,673,025 for the period ending June 30, 2024; and

(b) Execute additional annual purchase orders for ongoing ferrous chloride purchases pursuant to competitive solicitations facilitated by the Bay Area Chemical Consortium, subject to the appropriation of funds.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)

Actions Related to the Purchase Orders with New Image Landscape Company and Brightview Landscape Services, Inc. for Green Stormwater Infrastructure Landscape Maintenance Services.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to exercise up to four one-year options to extend the terms of the purchase orders with New Image Landscape Company (Fremont, CA) and Brightview Landscape Services, Inc. (San José, CA) for green stormwater infrastructure landscape maintenance services, with the last option ending on or about February 7, 2028, subject to the appropriation of funds.

CEQA: Categorically Exempt, File No. PP18-600, CEQA Guidelines Section 15301 for Existing Facilities. (Finance)

Set a Public Hearing on the Cost of Sidewalk Repairs.

Recommendation:    

Adopt a resolution setting a public hearing on Tuesday, May 14, 2024, at 1:30 p.m. for the approval of the report from the Director of Finance for the cost of sidewalk repairs.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Finance)

Amendment to the Agreement with IPS Group, Inc. for Single Space Smart Meters, Parking Sensors, and Data Management System.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to:

(a) Negotiate and execute the Third Amendment to the Agreement with IPS Group, Inc., (San Diego, CA) for the purchase of single space smart meters, parking sensors, and data management system;

(b) Extend services for up to five additional one-year option terms through February 23, 2029 under the same terms and conditions as the original agreement; and

(c) Provide for a maximum compensation of $700,000 for the option period beginning February 24, 2024 and ending February 23, 2025, subject to the appropriation of funds.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance/Transportation)

Amendment to the Agreement with Occupational Health Centers of California DBA Concentra for Occupational Medical Services to the City.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an amendment to the Consultant Agreement with Occupational Health Centers of California, DBA Concentra, amending the scope of the agreement to include new services, and increasing the total maximum amount of compensation of the not-to-exceed agreement amount from $2,257,024 to a revised not-to-exceed amount of $3,569,982, with increases to the initial term and optional term periods of the agreement, subject to the annual appropriation of funds, for the term of the agreement from July 1, 2021 to June 30, 2024 with three options to extend through June 30, 2027.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Human Resources)

Google, LLC Donation of Trees for Citywide Planting.

Recommendation:    

Adopt a resolution accepting a donation from Google, LLC of 544 trees that are valued at $258,315 to be planted throughout the City of San José in median islands, road backups, and parks.

CEQA: Categorically Exempt, File No. ER22-049, CEQA Guidelines Section 15301 for Existing Facilities. (Transportation/Parks, Recreation, and Neighborhood Services)

Approval of the Tet Festival, Tower Lighting and Flag Raising, and Black April Flag Raising and Gala Sponsored by Council District 7 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events.

Recommendation:    As recommended by the Rules and Open Government Committee on January 24, 2024:

(a) Approve the Tet Festival, Tower Lighting and Flag Raising scheduled on February 12, 2024 as a City Council sponsored Special Event and approve the expenditure of funds;

(b) Approve the Black April Flag Raising and Gala scheduled on April 30, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and 

(c) Approve and accept donations from various individuals, businesses or community groups to support the events.

CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Doan)

[Rules Committee referral 1/24/2024 - Item B.3]

Approval of the Music in the Valley Festival Sponsored by Council District 9 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.

Recommendation:    

As recommended by the Rules and Open Government Committee on January 24, 2024:

(a) Approve the Music in the Valley Festival scheduled on April 28, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and

(b) Approve and accept donations from various individuals, businesses or community groups to support the event.

CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Foley)

[Rules Committee referral 1/24/2024 - Item B.5]

Adoption of Statement of Policy and City Council Questions for the Prospective Director of Aviation.

Recommendation:    

Adopt a Statement of Policy and City Council Questions related to the selection of a prospective Director of Aviation as described in the memorandum to City Council, in compliance with City Charter Section 411.1.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)

Violence Prevention Service Models Status Report.

Recommendation:    

As recommended by the Public Safety, Finance and Strategic Support Committee on December 7, 2023, accept the status report on violence prevention service models employed by other local government agencies.

CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Manager)

[Public Safety, Finance and Strategic Support Committee referral 12/7/2023 – Item (d)2]

Support for Proposition 1.

Recommendation:    

As recommended by the Rules and Open Government Committee on January 24, 2024, adopt a resolution taking a position in support for Proposition 1 on California’s March 5, 2024 primary election, and authorizing the City Manager’s Office to issue letters of support in accordance with Council direction.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Mayor and Cohen)

[Rules and Open Government referral 1/24/2024 – C.2]

Preserving Our Progress - Guadalupe River Trail.

Recommendation:    

As recommended by the Rules and Open Government Committee on January 24, 2024, direct the City Manager to promptly implement a “no return zone” that prevents re-encampment along the Guadalupe River Trail between 280/87/Woz Way and 87/Julian St using existing resources available through the Encampment Resolution Fund (ERF) grant and the FY 23-24 Adopted Budget, including:

(a) Deploying a rapid-response abatement team comprising the two therapeutic specialists funded in the FY 2023-2024 Adopted Budget, or other appropriate classification, to work in close concert with the BeautifySJ team and the San José Police Department (SJPD) to engage with unsheltered residents and advance abatement operations in a safe and humane way; and

(b) Enforcing park rules set forth by the City’s Municipal Code and installing signage with posted park rules as required by law; and

(c) Utilizing SJPD’s Guadalupe River Trail Bike Patrol Program; and

(d) Coordinating with the Guadalupe River Park Conservancy (GRPC) to ensure frequent and robust activation along the river trail, leveraging the $200,000 in City grant funding to GRPC from the ERF to sustain the revitalization project.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Mayor, Torres, and Davis)

[Rules and Open Government referral 1/24/2024 – C.3]

Ratification of Proclamation of Local Emergency.

Recommendation:    

Adopt a resolution ratifying the Director of Emergency Services’ proclamation of the existence of a local emergency. 

CEQA: Statutory Exempt, Section 15269, Emergency Projects Undertake specific actions necessary to prevent or mitigate an emergency.  (City Manager)

Prohibiting the Unlawful Possession of Catalytic Converters in San José.

Recommendation:    

(a) Approve an ordinance adding Part 6 to Chapter 10.20 of Title 10 of the San José Municipal Code to prohibit the unlawful possession of catalytic converters in San José.

(b) Adopt a resolution amending the Administrative Citation Schedule of Fines to establish civil fines for unlawful possession of a catalytic converter specifying increased fines for repeat violations of the same code provision by the same person within 12 months from the date of an administrative citation.

CEQA: Not a Project, File No. PP17-008, General Procedures and Policy Making, resulting in no physical changes to the environment. (Police)

2024 Power Mix and Rates.

Recommendation:    

Adopt a resolution to:

(a) Maintain the renewable energy content of GreenSource at 60 percent renewable and set rates, inclusive of the Power Charge Indifference Adjustment and Franchise Fee Surcharge, according to the rate schedule in Attachment A of the staff memorandum, effective February 15, 2024.

(b) Set the rate for TotalGreen to $0.01 per kilowatt-hour above GreenSource for all rate schedules according to the rate schedule in Attachment B of the staff memorandum, effective February 15, 2024, while maintaining the renewable energy content of TotalGreen at 100 percent renewable.

(c) Maintain the renewable energy content of SJ Cares at 60 percent renewable and set rates, inclusive of the Power Charge Indifference Adjustment and Franchise Fee Surcharge, at a ten percent discount to GreenSource rates, according to the rate schedule in Attachment C of the staff memorandum, effective February 15, 2024.

(d) Expand the SJ Cares program to customers who are residents of the 16,854 affordable housing units shown in Attachment D of the staff memorandum and, as a pilot for 12 months, to up to 1,000 customers that participate in the County of Santa Clara Homelessness Prevention Program.

(e) Approve the implementation of an Emergency Bill Relief pilot program with a budget not to exceed $150,000 in calendar year 2024, forestalling Pacific Gas and Electric’s electricity disconnections for approximately 100 residential customers by providing a credit of up to $1,600 directly to a resident’s utility account and smaller credits for three subsequent months.

CEQA: Not a Project, File No. PP17-005, Adjustment to Fees, Rates and Fares, resulting in no changes to the physical environment. (Energy)

Agreements with Santa Clara Valley Transportation Authority and State of California for an Interim Shelter/Housing Community Located at the Cerone Property and Approve the Cerone, Cherry Avenue and Via Del Oro Interim Shelter/Housing Communities Currently in Development as Committed Additions to the General Fund.

Recommendation:    

(a) Adopt a resolution authorizing the City Manager or her designee, to negotiate and execute all necessary agreements, subject to the appropriation of funds: 

 (1) To site an interim shelter/housing community on the Valley Transportation Authority Cerone property, and to implement the requirements of the ground lease; and

 (2) To support the State of California in its efforts to fund portions of the project at the Valley Transportation Authority Cerone property.

(b) Approve the Cerone, Cherry Avenue, and Via Del Oro interim shelter/housing communities currently in development as “Committed Additions” to the 2024-2025 General Fund Base Budget, certifying that all operating and maintenance costs associated with these projects will be included in future Five-Year General Fund Forecasts, beginning with the 2025-2029 Forecast.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment (Cerone site); Determination of Consistency with Mitigated Negative Declaration for the Emergency Interim Housing Programs project (Resolution RES 2023-380), File No. ER22-198 (Via del Oro and Cherry Avenue sites). Council District 4. (Public Works/City Manager)

Public Hearing on the 2024 Weed Abatement Commencement Report and Removal of Weeds or Refuse.

Recommendation:    

Conduct a Public Hearing and adopt a resolution:

(a) Overruling any and all objections to the 2024 Weed Abatement Commencement Report; and

(b) Directing the County of Santa Clara’s Consumer and Environmental Protection Agency - Weed Abatement Program to abate the seasonal and/or recurrent public nuisances on those properties identified in the 2024 Weed Abatement Commencement Report pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Program Agreement between the City of San José and the County of Santa Clara.

CEQA: Categorically Exempt, CEQA Guidelines Section 15301(h) Existing Facilities, PP18-094. (Planning, Building and Code Enforcement)

Agreement with Macias, Gini & O’Connell LLP for Annual Financial and Compliance Audits. – TO BE HEARD IMMEDIATELY AFTER CONSENT

Recommendation:    

(a) City Council approve an agreement with Macias, Gini & O’Connell LLP to perform annual financial and compliance audit services for fiscal years ending June 30, 2024, 2025, 2026, 2027, and 2028 with three one-year extension options for fiscal years ended June 30, 2029, 2030, and 2031, with annual compensation not to exceed $895,653 in year one and with annual adjustments of 3% in years two through eight, for a total amount not to exceed $7,964,448 for a potential eight year term subject to annual appropriation of funds by the City Council.

(b) Board of the Successor Agency to the Redevelopment Agency approve an agreement with Macias, Gini & O’Connell LLP to perform annual financial and compliance audit services for fiscal years ending June 30, 2024, 2025, 2026, 2027, and 2028 with three one-year extension options for fiscal years ended June 30, 2029, 2030, and 2031, with annual compensation not to exceed $65,432 in year one and with annual adjustments of 3 percent in years two through eight, for a total amount not to exceed $581,843 for a potential eight year term subject to annual appropriation of funds by the Board of the Successor Agency.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Auditor)

[Deferred from 1/23/2024 – Item 9.1]

TO BE HEARD IMMEDIATELY AFTER CONSENT