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

Agreement with the State of California, Office of Planning and Research, California Volunteers for Phase Two Grant Funding for TogetherSJ.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to execute an Agreement between the City of San José and the State of California, Office of Planning and Research, California Volunteers to accept the Phase Two Grant Funding for TogetherSJ in the amount of $1,000,000 and to negotiate and execute additional amendments and related documents without further City Council action.  

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. (City Clerk)

Pathways to Self-Sufficiency Program.

Recommendation:    

Adopt the following 2023-2024 Funding Sources Resolution and Appropriation Ordinance Amendments in the Workforce Development Fund:

(a) Increase the estimate for revenue from Federal Government appropriation by $2,700,000; and

(b) Establish the Pathway to Self-sufficiency Program City-Wide Expenses appropriation to the Office of Economic Development and Cultural Affairs by $2,700,000.

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. (Economic Development and Cultural Affairs/City Manager)

Actions Related to the Purchase Orders with George Bianchi Construction, Inc. and Granite Rock Company for As-Required Minor Bridge Repair Services.

Recommendation:    

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

(a) Amend purchase orders OP 64582 with George Bianchi Construction, Inc. (San José, CA) and OP 64584 with Granite Rock Company (Watsonville, CA) for as-required minor bridge repair services, to increase the total combined compensation by $500,000 for a revised maximum total compensation not-to-exceed $1,200,000 for the period ending on or about January 22, 2025; and

(b) Exercise up to six one-year options to extend the terms of each purchase order, with the last option ending on or about January 22, 2031, subject to appropriation of funds.

CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines Section 15301(c), Existing Facilities. (Finance)

Second Amendment to Master Agreement with SANDIS Civil Engineers Surveyors Planners for Two Central Service Yard Projects: Water Lines Replacement and Fire Sprinkler System Upgrades.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the Second Amendment to the Master Agreement for consultant services with SANDIS Civil Engineers Surveyors Planners (CPMS Contract No. 9433-A), increasing the maximum compensation amount from $320,000 to $420,000 for the sole purpose of completing the two Central Service Yard Projects: Water Lines Replacement and Fire Sprinkler System Upgrades.

CEQA: Categorically Exempt, File No. ER24-019, CEQA Guidelines Section 15301, Existing Facilities; and File No. ER24-020, CEQA Guidelines Section 15302, Replacement or Reconstruction. (Public Works)

Renewal of the Willow Glen Community Benefit Improvement District.

Recommendation:    

(a) Adopt a resolution approving the execution of petitions, as property owner, to expand and renew the Willow Glen Community Benefit Improvement District for an additional 15-year term.

(b) Approve an agreement with the Willow Glen Business Association to fund the City’s costs in conducting proceedings to expand and renew the Willow Glen Community Benefit Improvement District in the amount of $31,366.

(c) Adopt the following 2023-2024 Funding Sources Resolution and Appropriation Ordinance amendments in the Business Improvement Districts Fund:

(1) Establish an estimate for Other Revenue in the amount of $31,366; and

 (2) Increase the Administration Services appropriation to the Public Works Department by $31,366.

(d) Adopt a resolution:

 (1) Stating City Council’s intention to expand and renew the Willow Glen Community Benefit Improvement District for an additional 15-year term;

(2) Preliminarily approving the Willow Glen Community Benefit Improvement District Management Plan, including the Engineer's Report; and

 (3) Setting a public hearing and the tabulation of the majority protest ballots for June 4, 2024, at 1:30 p.m. or as soon thereafter as the matter may be heard.

(e) Adopt a resolution finding the Willow Glen Business Association remains uniquely situated to manage and oversee the delivery of services specified in the Willow Glen Community Benefit Improvement District Management Plan and Engineer's Report pursuant to San José Municipal Code section 4.12.235, and delegating to the City Manager, or her designee, the authority to negotiate and execute an agreement with the Willow Glen Business Association to provide management of the expanded and renewed Willow Glen Community Benefit Improvement District, if approved by the property owners and formed by City Council on June 4, 2024.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment and 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. Council District 6. (Public Works/City Manager)

Agreement with RC Design Collaborative for the Reimagining Santa Clara Street Complete Street Plan.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a consulting services agreement with RC Design Collaborative (Sitelab Urban Studio) for the Reimagining Santa Clara Street Complete Street Plan from the date of execution through December 30, 2025, for an amount not to exceed $485,000.

CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. Council Districts 3 and 6. (Transportation)

Acceptance of California Department of Transportation Sustainable Transportation Planning Grant. 

Recommendation:    

Adopt a “Resolution of Local Support” to receive grant funds from the California Department of Transportation Sustainable Transportation Planning Grant that indicates the City will: 

(a) Follow all grant program requirements; and 

(b) Authorize the City Manager or her designee to negotiate and execute grant agreements and all documents necessary to effectuate the grant agreements administered by the California Department of Transportation, in an amount not to exceed $345,269 for reimbursement for the Guadalupe River Trail Connections and Crossings Flooding Adaptation Plan. 

CEQA: Statutorily Exempt, File No. PP17-001, CEQA Guidelines Section 15262, Feasibility and Planning Studies. Council Districts 3, 4, 6. (Transportation)

2024 Major Streets Remove and Replace Pavement Project.

Recommendation:    

(a) Report on bids and award a contract for the construction of 10402 – 2024 Major Streets Remove and Replace Pavement Project, to the lowest responsive, responsible bidder, O’Grady Paving, Inc., in the amount of $1,692,749; and

(b) Approve a 10% contingency in the amount of $169,275.

CEQA:  Exempt, File No. ER23-009, CEQA Guidelines Section 15301(c), Existing Facilities. (Transportation/Public Works)

Approval of National Night Out 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 March 27, 2024:

(a) Approve the National Night Out scheduled on August 6, 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. (City Clerk)

[Rules Committee referral 3/27/2024 - Item B.2]

Approval of Free Use on April 26, 2024 for the Career Fair Event Co-hosted by Council District 7 and East Side Union High School District (ESUHSD) as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.

Recommendation:    

(a) Adopt a resolution authorizing “Free Use” for the ESUHSD Career Fair held at City Hall Rotunda, Council Chambers and the Wing Committee Rooms on April 26, 2024.

(b) Approve the Career Fair Event scheduled for April 26, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(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. (Doan)

[Rules Committee referral 4/3/2024 - Item A.1]

Retroactive Approval of Multiple Special Events Sponsored by Council District 4 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 April 3, 2024:

(a) Retroactively approve the Synopsys Winners Awards Ceremony scheduled on April 2, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(b) Retroactively approve the District 4 Dumpster Day scheduled on April 2, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(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. (Cohen)

[Rules Committee referral 4/3/2024 - Item B.2]

Retroactive Approval and Approval of Multiple Events Sponsored by Council District 5 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 April 3, 2024:

(a) Retroactively approve the Tarde de Union y Noche de Fuerza event scheduled on February 9, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(b) Retroactively approve the 1st Annual Parents in Action Conference event scheduled on February 17, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(c) Retroactively approve the Tet New Year Celebration event scheduled on February 23, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(d) Retroactively approve the Dobern Community Townhall Meeting event scheduled on February 29, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(e) Retroactively approve the Budget Townhall #1 event scheduled on March 1, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(f) Retroactively approve the Budget Townhall #2 event scheduled on March 13, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(g) Retroactively approve the Foxdale Renter’s Rights Townhall event scheduled on March 21, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(h) Retroactively approve the Mayfair Community Center Spring Fling event scheduled on March 23, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(i) Retroactively approve the SJSU Cinco de Mayo Educational Panel event scheduled on March 27, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(j) Retroactively approve the Poco Way Renter’s Rights Townhall event scheduled on March 29, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(k) Retroactively approve the Grammercy Neighborhood Dumpster Day event scheduled on March 30, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(l) Retroactively approve the SJ Earthquakes Soccer Celebration event scheduled on April 5, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(m) Approve the Budget Townhall Meeting #3 event scheduled on April 13, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(n) Approve the D5 + D8 Budget Townhall event scheduled on April 15, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(o) Approve the Budget Townhall #4 event scheduled on April 17, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(p) 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. (Ortiz)

[Rules Committee referral 4/3/2024 - Item B.3]

Proposed Ordinances Authorizing the Removal of Vehicles Parked in Violation of Prohibited Large Vehicle Parking Zones and No Overnight Parking Zones.

Recommendation:    

(a) Approve an ordinance amending Chapter 11.98 of Title 11 of the San José Municipal Code to add Section 11.98.025 authorizing the removal of large vehicles parked upon a street, or portions thereof, where the parking of large vehicles creates a safety hazard for pedestrians or vehicles; and amending Section 11.98.040 to require the posting of signage authorizing the removal of large vehicles parked in “No Large Vehicle Parking Zones.”

(b) Approve an ordinance amending Chapter 11.36 of Title 11 of the San José Municipal Code to add Section 11.36.255 to prohibit the overnight parking of vehicles upon a street, or portion thereof; and amending Chapter 11.56 of Title 11 of the San José Municipal Code to add Section 11.56.060 authorizing the removal of vehicles parked where the overnight parking of vehicles is prohibited.

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

Proposed Ordinance Codifying the Existing Encampment Management Program Around Schools and Establishing School Clearance Zones.

Recommendation:    

Approve an ordinance amending Chapter 10.20 of Title 10 of the San José Municipal Code to add Part 6 to Chapter 10.20 to establish “School Clearance Zones” which would prohibit certain obstructions within 150 feet of schools.

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

Language Accessibility Audit Report.

Recommendation:    

As recommended by the Public Safety, Finance, and Strategic Support Committee on March 21, 2024, accept the report on the language accessibility audit.

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 Auditor)

[Public Safety, Finance, and Strategic Support Committee referral – 3/21/2024 – Item (d)2]

Amendments to Consolidated Open Government and Ethics Resolution No. 77135 (Section 4.3.2.5 C), Code of Ethics for Officials and Employees of the City of San José Policy, Code of Ethics Policy, Investigation Principles Policy, and Discipline Policy.

Recommendation:    

(a) Adopt a resolution to amend the City of San José’s Consolidated Open Government and Ethics Resolution No. 77135 (Section 4.3.2.5 C) to document circumstances under which disciplinary actions taken against regular Classified Civil Service Employees may be subject to disclosure due to serious misconduct and supersede Resolution No. 77135.

(b) Adopt a resolution to amend:

 (1) Council Policy 0-15, Code of Ethics for Officials and Employees of the City of San José in the Council Policy Manual; and

 (2) City’s Code of Ethics Policy in the City Administrative Policy Manual.

(c) Accept the update regarding revisions made to the City’s Investigation Principles Policy and Discipline Policy in the City Administrative Policy Manual.

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

Adoption of Ordinances to Establish 14 New Rule 20A Underground Utility Districts.

Recommendation:    

Conduct Public Hearings and approve ordinances to establish Rule 20A Underground Utility Districts along Willow Street, East San Salvador Street, Empire Street, Hensley Street, North First Street, North Second Street, North Third Street, North Fourth Street, White Road, Story Road, Felipe Avenue, Coyote Road, San Felipe Road, Branham Lane, Almaden Road, Almaden Expressway, Coleman Road, Blossom Hill Road, Snell Avenue, Saratoga Avenue, Umbarger Road, and North Taylor Street.

CEQA: Categorically Exempt, File No. ER24-011, Exempt pursuant to CEQA Guidelines Section 15301(b) Existing Facilities and 15302(d) Conversion of Overhead Electric Facilities. (Public Works)

City of San José Community Forest Investment Project.

Recommendation:    

(a)  Accept and receive United States Forest Service funds awarded for the Community Forest Investment Project.

(b) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a grant agreement with the United States Forest Service for an amount not to exceed $5,644,300 as part of the Community Forest Investment Project via the Inflation Reduction Act of 2022.

CEQA: Categorically Exempt, File No. ER23-151, CEQA Guidelines Section 15301(h), Existing Facilities. (Transportation)

San José Clean Energy Programs Roadmap Status Report. – DEFERRED

Recommendation:    

As recommended by the Transportation and Environment Committee on March 4, 2024, accept the status report on the San José Clean Energy’s Programs Roadmap, and authorize the City Manager or her designee to fund consultant(s) to implement the heat pump incentive and on-bill financing program and allocate $495,000 in community development funds received to date to workforce development programs to be developed in fall 2024.  

CEQA: Statutorily Exempt, ER24-021, CEQA Guidelines Section 15601(b)(3), Review for Exemption; and Categorically Exempt, File No. ER24-021, CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures. (Energy)

[Transportation and Environment Committee referral – 3/4/2024 – Item (d)2]

DEFERRED TO 4/23/2024 PER ADMINISTRATION

Children and Youth Services Master Plan Status Report. – TO BE HEARD AT 5:30 P.M.

Recommendation:    

As recommended by the Neighborhood Services and Education Committee on February 8, 2024, accept the status report on the Children and Youth Services Master Plan, including the American Rescue Plan spending plan for children and youth services.

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/Library/Parks, Recreation and Neighborhood Services)

[Neighborhood Services and Education Committee referral – 2/8/2024 – Item (d)2]

TO BE HEARD AT 5:30 P.M.