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

6:00 p.m.‑ Evening Session, Council Chambers, City Hall – Cancelled

*The previously scheduled Evening Session has been cancelled.

Mayor and Council Excused Absence Requests.

Recommendation:    

Request for an excused absence for Vice Mayor Kamei from the Regular Meeting of Rules and Open Government Committee and Committee of the Whole on February 8, 2024, due to authorized City Business for the attendance of a meeting of the Local Agency Formation Commission of Santa Clara County on February 8, 2024, from 1:15 p.m. to 3:15 p.m., at the County of Santa Clara Board of Supervisors’ Chambers, 70 West Hedding Street, San José.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Kamei)

Amendments to the City Pay Plan for Various Classifications in the Finance Department.

Recommendation:    

Adopt a resolution:

(a) Amending the City of San José Pay Plan to increase the annual pensionable salary ranges for the following classifications, effective March 3, 2024:

(1) Debt Administrator (1288) increased to $129,708.13 – $183,274.20;

(2) Investment Officer (7504) increased to $129,708.13 – $183,274.20; and

(3) Risk Manager (1265) increased to $129,708.13 – $183,274.20.

(b) Approving changes to Executive Management and Professional Employees in Unit 99 to provide the incumbent, if any, in the Risk Manager (1265) classification with an approximate 5.15% pensionable pay increase, effective March 3, 2024.

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

Actions Related to the Purchase Order with Valley Precision Grading, Inc. for Sports Turf and Installation Services.

Recommendation:    

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

(a) Execute a purchase order with Valley Precision Grading, Inc. (Rancho Cordova, CA) for sports turf and installation services for an initial one-year term, beginning on or about March 1, 2024, and ending on or about February 28, 2025, for a not-to-exceed amount of $1,400,000; and

(b) Exercise up to six one-year options to extend the term of the purchase order with the last option year ending on or about February 28, 2031, 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)

Amendment to the Master Agreement with Group 4 Architecture Research + Planning, Inc. for Architectural Services for Various City Facility Projects.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a First Amendment to the Master Agreement with Group 4 Architecture Research + Planning, Inc. (CPMS No. 9031-C) for architectural services to increase the total compensation by $350,000, for a total agreement amount not to exceed $3,350,000, for the exclusive purpose of allowing the consultant to complete work on various projects.

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

Actions Related to the 10248 – PARK: All-Inclusive Playground - Almaden Lake Park Project.

Recommendation:    

Adopt a resolution authorizing the Director of Public Works to:

(a) Award and execute a contract for the construction of the 10248 – PARK: All-Inclusive Playground – Almaden Lake Park Project to the lowest responsive, responsible bidder in an amount not to exceed $1,800,000;

(b) Decide any timely bid protest(s) and make the City’s final determination as to the lowest responsive bidder that is responsible as needed to award the contract; and

(c) Approve a contingency in the amount of 10% of the contract amount.

CEQA: Categorically Exempt, File No. PP19-001. CEQA Guidelines Section 15301, Existing Facilities. Council District 10. (Public Works/Parks, Recreation and Neighborhood Services)

Retroactive Approval of San José State University Investiture Flag Raising Ceremony and Tower and Rotunda Lighting Sponsored by the Mayor’s Office and District 3 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 February 14, 2024:

(a) Retroactively approve the San José State University (SJSU) Investiture Flag Raising Ceremony and Celebration event scheduled on February 21, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(b) Retroactively approve the SJSU Investiture Tower and Rotunda Lighting (February 20 to February 25, 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 event.

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

[Rules Committee referral 2/14/2024 - Item B.2]

Approval of NVIDIA GTC Conference Tower and Rotunda Lighting from March 16-22, 2024 Sponsored by the Mayor’s Office 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 February 14, 2024:

(a) Approve the NVIDIA GTC Conference Lighting from March 16 to March 22, 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. (Mayor)

[Rules Committee referral 2/14/2024 - Item B.3]

Retroactive Approval and Approval of Multiple Special Events Sponsored by Council District 10 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 February 21, 2024:

(a) Retroactively approve the eWaste event scheduled on December 2, 2023, as a City Council sponsored Special Event and retroactively approve the expenditure of funds.

(b) Retroactively approve the Senior Fraud Prevention Workshop event scheduled on December 7, 2023, as a City Council sponsored Special Event and retroactively approve the expenditure of funds.

(c) Retroactively approve the LifeSTEPS Holiday Gala event scheduled on December 17, 2023, as a City Council sponsored Special Event and retroactively approve the expenditure of funds.

(d) Retroactively approve the CERT Leadership Success Training event scheduled on January 20, 2024, as a City Council sponsored Special Event and retroactively approve the expenditure of funds.

(e) Retroactively approve the Budget Town Hall event scheduled on January 29, 2024, as a City Council sponsored Special Event and retroactively approve the expenditure of funds.

(f) Retroactively approve the Talk with Batra Pancake Breakfast scheduled on February 17, 2024, as a City Council sponsored Special Event and retroactively approve the expenditure of funds.

(g) Retroactively approve the Senior Winter Walk event scheduled on February 23, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(h) Retroactively approve the Shredding and E-Waste Day event scheduled on February 24, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(i) Approve the Comanche Blossom Valley Dumpster Day scheduled on March 16, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(j) 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. (Batra)

[Rules Committee referral 2/21/2024 - Item B.3]

Annual Report on Measure T Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond Program Proceeds and Allocations for Fiscal Year 2022-2023.

Recommendation:    

Accept the Measure T Community Oversight Committee Annual Report on the Measure T – The Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond Program proceeds and allocations for fiscal year 2022-2023.

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

Amendment to Title 12 (City Gift Ordinance) of the San José Municipal Code.

Recommendation:    

Approve an ordinance amending Section 12.08.110 of Part 2 of Chapter 12.08 of Title 12 of the San José Municipal Code to align the annual gift limit City officers and designated employees can accept from restricted sources with the Political Reform Act’s gift limit.

Approval of this item requires 8 or more affirmative votes (2/3) (City Charter Section 607).

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

Request for Revolving Door Waiver.

Recommendation:    

As recommended by the Rules and Open Government Committee on February 21, 2024, consider the request by Magdalena Carrasco, former Council Chief of Staff for District 3 Councilmember Omar Torres, for a Waiver of the Revolving Door Restrictions based on Ms. Carrasco’s February 8, 2024 Waiver Request Letter:

(a) Grant the request for a waiver upon making findings that such waiver is in the best interest of the City and consistent with the purpose of San José Municipal Code Chapter 12.10; or

(b) Deny the request for a waiver if unable to make findings that such waiver is in the best interest of the City and consistent with the purpose of San José Municipal Code Chapter 12.10.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment, Title 12 (Ethics Provisions) (City Clerk)

[Rules Committee referral 2/21/2024 - Item C.1]

911 Event Data Analysis Report.

Recommendation:    

Accept the 911 Event Data Analysis Report.

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)

Education and Digital Literacy Annual Report.

Recommendation:    

As recommended by the Neighborhood Services and Education Committee on January 11, 2024, accept the annual report on Education and Digital Literacy for Fiscal Year 2022-2023, including program outcomes and progress toward implementation of quality standards.

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

[Neighborhood Services and Education Committee referral 1/11/24 – Item (d)1]

Raging Waters Lease Assignment, Amendment, and Long-Term Request for Proposal Development.

Recommendation:    

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

 (1) Negotiate and execute an assignment, and all other necessary and/or ancillary documents, of the ground lease dated March 5, 1985, between the City of San José and Thomas J. Lochtefeld (present assignee Palace Entertainment, Inc.), to California Dreamin’ Entertainment, Inc., as new assignee, for the Raging Waters water park located at Lake Cunningham; and

 (2) Negotiate and execute an amendment to the ground lease between the City of San José and California Dreamin’ Entertainment, Inc. extending the lease for six months with an option to extend for an additional six months at the City’s sole discretion, increasing lessee’s payments to the City to six percent of all gross receipts, and reimbursing lessee for up to $3,450,000 for capital and facility repairs and initial operating costs for the Raging Waters water park, subject to City Council appropriation.

(b) Provide feedback to staff on proposed Guiding Principles for a Request for Proposal for a long-term operator of Lake Cunningham Regional Park attractions, including the operation of the Raging Waters water theme park.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 8. (Parks, Recreation and Neighborhood Services)

McKee No. 139 – Annexation to the City of San José of a Portion of Santa Clara County Territory Consisting of One Lot Located on the South Side of Kirk Avenue East of Madeline Drive.

Recommendation:    

Adopt a resolution ordering the annexation of territory designated as McKee No. 139, which involves the annexation to the City of San José of approximately 1.49 gross acres of land located on the south side of Kirk Avenue approximately 160 feet east of Madeline Drive (APN 601-07-066) and the detachment of the same from the appropriate special districts.

CEQA: Initial Study/Mitigated Negative Declaration for 125 Kirk Avenue Project, adopted by City Council on January 23, 2024 (Resolution No. 2024-10), File No. ER21-301. Council District 5. (Planning, Building and Code Enforcement)

TO BE HEARD IMMEDIATELY AFTER CONSENT

C22-075_H22-027 – Conforming Rezoning and a Site Development Permit for Property Located on the Northeast Corner of Blossom River Drive and Blossom Hill Road.

Recommendation:    

(1) Approve an ordinance rezoning that certain real property of approximately 0.79 gross acre site located on the northeast corner of Blossom River Drive and Blossom Hill Road from the A(PD) Planned Development Zoning District to the CG Commercial General Zoning District.

(2) Adopt a resolution approving, subject to conditions, a Site Development Permit to allow the demolition of an existing approximately 8,015-square foot commercial building and the removal of six non-ordinance size trees for the construction of a new approximately 7,488-square foot commercial building and minor site improvements on an approximately 0.79-gross-acre site.

CEQA: Categorically Exempt, File No. ER22-167, CEQA Guidelines Section 15303(c) for New Construction or Conversion of Small Structures. Council District 9. (Planning, Building and Code Enforcement)

TO BE HEARD IMMEDIATELY AFTER CONSENT