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

Application to the California Department of Housing and Community Development for a Funding Award through the Prohousing Incentive Program.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to apply for and execute documents required for receipt of a funding award of up to $2 million through California’s Prohousing Incentive Program.

CEQA: Not a Project, File No. PP17-004, Government Funding Mechanism, or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (Housing)

2022-2023 Annual Development in-Lieu Fee Report.

Recommendation:    

Adopt a resolution:

(a) Accepting the Fiscal Year 2022-2023 Annual and five-year Development In-Lieu Fee Report prepared in accordance with the Mitigation Fee Act (Government Code Section 66000 et seq.) on the status of the in-lieu fees collected by the City of San José from developers in lieu of construction of public improvements; and

(b) Making certain findings as required by Government Code Section 66001(d)(1).

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)

Master Agreements with Towill, Inc. and HMH Engineers for Land Surveying and Mapping Consultant Services.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute master agreements with Towill, Inc. and HMH Engineers for Citywide land surveying and mapping consultant services from the date of execution through March 31, 2027, in an amount not to exceed $2,000,000 for each agreement.

CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. (Public Works)

Approval of Dumpster Day 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 February 28, 2024:

(a) Approve the Dumpster Day scheduled on March 30, 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 2/28/2024 - Item B.2]

Amendment to Agreement with Stradling Yocca Carlson & Rauth Related to City of San José v. Howard Jarvis Taxpayers Association, et al.

Recommendation:    

Adopt a resolution authorizing the City Attorney to negotiate and execute a Fourth Amendment to the Agreement with Stradling Yocca Carlson & Rauth for bond counsel services related to City of San José v. Howard Jarvis Taxpayers Association, et al, to increase the amount of compensation by $400,000, for a total amount of compensation not to exceed $750,000, and extend the term of the Agreement beginning May 1, 2021 through June 30, 2026, 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. (City Attorney)

[Rules Committee referral 3/6/2024 - Item A.1]

Annual Summary of Upcoming Labor Negotiations.

Recommendation:    

Accept staff report and public input on the Annual Summary of Upcoming Labor Negotiations.

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)

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)

[Deferred from 2/27/2024 – Item 3.4 (24-73470)]

Review of Retirement Plans’ Pension and Postemployment Healthcare Plans’ Actuarial Valuations as of June 30, 2023.

Recommendation:    

Review the following actuarial valuation reports:

(a) Federated City Employees’ Retirement System Actuarial Valuation as of June 30, 2023;

(b) Federated City Employees’ Retirement System Postemployment Healthcare Plan Actuarial Valuation as of June 30, 2023;

(c) Police and Fire Department Retirement Plan Actuarial Valuation as of June 30, 2023; and

(d) Police and Fire Department Postemployment Healthcare Plan Actuarial Valuation as of June 30, 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. (Retirement Services)

Cannabis Business Regulations and Annual Operating Fee Comparisons. – DEFERRED

Recommendation:    

As recommended by the Public Safety, Finance and Strategic Support Committee on February 15, 2024, accept the report on how San José’s cannabis regulations compare to State of California regulations and how San José’s cannabis business annual operating fee compares to other jurisdictions.

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

[Public Safety, Finance and Strategic Support Committee 2/15/2024 – Item (d)5]

DEFERRED TO 3/19/2024 PER RULES AND OPEN GOVERNMENT COMMITTEE

H17-004 & ER20-262 – Site Development Permit on Certain Real Property Located at 439-451 South 4th Street. – TO BE HEARD IMMEDIATELY AFTER CONSENT

Recommendation:    

(1) Adopt a resolution certifying the South Fourth Street Environmental Impact Report, and making certain findings concerning significant impacts, mitigation measures, alternatives, and adopting a statement of overriding considerations and a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA).

(2) Adopt a resolution approving, subject to conditions, a Site Development Permit to allow the demolition of an existing single-family residence and 30-unit multifamily apartment building totaling approximately 21,792 square feet and the removal of 10 trees (3 ordinance-size, 7 non-ordinance-size, 11 replacement trees) for the construction of a 25-story, 210-unit multifamily residential building with a 20% parking reduction and an alternative parking arrangement (mechanical lifts) on an approximately 0.52-gross-acre site.

CEQA: South Fourth Street Project Supplemental Environmental Impact Report (File No. H17-004/ER20-262). Council District 3. Planning Commission recommends approval (11-0-0) (Item 5.b on the 2/14/2024 Planning Commission agenda). (Planning, Building and Code Enforcement)

TO BE HEARD IMMEDIATELY AFTER CONSENT