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 Foley from the Regular Meeting of Rules and Open Government Committee and Committee of the Whole on April 10, 2024 due to the death of a close family member.

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

[Rules Committee referral 4/10/2024 - Item A.1.a]

Actions Related to the Purchase Order with Tucker Construction, Inc. for Concrete and Expansion Joint Maintenance and Repair Services.

Recommendation:    

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

(a) Amend purchase order OP 64346 with Tucker Construction, Inc. (San José, CA) for concrete and expansion joint maintenance and repair services to increase the total compensation by $150,000 for a revised maximum compensation not-to-exceed $250,000 for the period ending on June 29, 2024; and

(b) Exercise up to three one-year options to extend the term of the purchase order with the last option year ending on or about June 29, 2027, subject to 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)

[Deferred from 3/19/2024 – Item 2.8]

Actions Related to the Purchase Order with Judge Netting, Inc. for As-Required Sports Netting Repairs and Installation Services.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to exercise up to six one-year options to extend the term of the purchase order with Judge Netting, Inc. (Garden Grove, CA) for as-required sports netting repairs and installation services, with the last option ending on or about December 13, 2030, subject to the appropriation of funds.

CEQA: Categorically Exempt, File No. ER24-056, CEQA Guidelines Section 15301(d), Existing Facilities. (Finance)

First Amendment to the Agreement with SinWaves, Inc. dba LYT for Centralized Transit Signal Priority Solution.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the First Amendment to the Agreement with SinWaves, Inc. dba LYT (Santa Clara, CA) for Centralized Transit Signal Priority Solution to increase the maximum compensation of the agreement to $4,000,000, 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)

Report on Bid and Award of Contract for the 10081 – Miscellaneous Sanitary Sewer Repairs FY 2022-2023 Package III Project.

Recommendation:    

(a) Report on bids and award of a contract for the construction of 10081 – Miscellaneous Sanitary Sewer Repairs FY 2022-2023 Package III Project to the lowest responsive, responsible bidder, Pacific Underground Construction, Inc., in the amount of $1,467,760; and

(b) Approve a 10% contingency in the amount of $146,776.

CEQA: Exempt, File No. ER23-189. CEQA Guidelines Sections 15301(b) Existing Facilities and 15302(c) Replacement or Reconstruction. Council Districts 3, 5, 6, 7, and 10. (Public Works)

Declaration and Recording a Statement of the Results of the March 5, 2024 Primary Municipal Election.

Recommendation:    

Adopt a resolution declaring and recording a statement of the results of the March 5, 2024 Primary Municipal Election per Elections Code Sections 10263, 10264, and 15400.

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

[Rules Committee referral 4/10/2024 - Item A.1.a]

Request for Travel Authorization for Mayor's Staff.

Recommendation:    

Retroactively authorize travel, accept travel payments to the City of San José and designate Mayor’s Staff, Stephen Caines, as the City representative to attend:

(a)  The Project on Municipal Innovation Spring 2024 Convening in Cambridge, MA from April 10-12, 2024. Source of Fund: Bloomberg Center for Cities at Harvard University, 501c3 (airfare, lodging, meals, and ground transportation); and

(b) The NewDEAL IDEAS Summit in Phoenix, AZ from April 14-16, 2024. Source of Fund: The NewDEAL Forum, 501c3 (airfare, lodging, meals, and ground transportation).

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

[Rules Committee referral 4/10/2024 - Item A.1.a]

Retroactive Approval of Purchase of District 4 Stars Gala Awards.

Recommendation:    

As recommended by the Rules and Open Government Committee on April 10, 2024, retroactively approve the purchase of awards for the District 4 Stars Gala.

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

[Rules Committee referral 4/10/2024 - 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:    

(a) Retroactively approve and approve the Public Safety Town Halls scheduled on April 13, 2024, May 11, 2024, and June 15, 2024 as City Council sponsored Special Events and approve the expenditure of funds.

(b) Retroactively approve the Shredding and E-Waste Day scheduled on April 13, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(c) Approve the Dumpster Days scheduled on May 4, 2024 in Almaden and June 29, 2024 in Santa Teresa as City Council sponsored Special Events and approve the expenditure of funds.

(d) Approve the Azerbaijan Flag Raising event scheduled on May 10, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(e) 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 4/10/2024 - Item B.4]

Retroactive Approval of Multiple Special Events Sponsored by Council District 8 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 10, 2024:

(a) Retroactively approve the Budget Town Hall and Breakfast scheduled on January 20, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(b) Retroactively approve the Pancake Social scheduled on January 26, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(c) Retroactively approve the Community Clean up at Dove Hill Park scheduled on January 27, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(d) Retroactively approve the Pleasant Hills Golf Course Community Workshop scheduled on February 15, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(e) Retroactively approve the Dumpster Day at Quimby Road scheduled on February 17, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(f) Retroactively approve the Evergreen Little League Clean-up day at Quimby Middle School scheduled on February 25, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(g) Retroactively approve the Clean-up at Brigadoon Park scheduled on March 16, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(h) Retroactively approve the Dumpster Day at Welch Park, Hidden Glens and Vista Verde scheduled on March 23, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(i) Retroactively approve the Creekside Neighborhood Community Egg Hunt scheduled on March 24, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(j) Retroactively approve the Eggstravaganza at Rose Terrasse Circle scheduled on March 30, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

(k) 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. (Candelas)

[Rules Committee referral 4/10/2024 - Item B.5]

Tax Equity and Fiscal Responsibility Act Hearing and Approval of the Sale and Issuance of San José Airport Revenue Refunding Bonds and Related Bond Documents, Series 2024A.

Recommendation:    

(a) Hold a Tax Equity and Fiscal Responsibility Act hearing with respect to (i) the proposed issuance by the City of one or more issues of tax-exempt Series B subordinated commercial paper notes in an aggregate principal amount not to exceed $600,000,000, pursuant to a plan of finance to provide proceeds to pay or reimburse all or a portion of the costs of acquisition, construction, equipping, financing, reconstruction, development, and modification of airport terminal and ancillary facilities that are included in or are consistent with the Airport Master Plan for the San José Mineta International Airport and (ii) the proposed issuance by the City of tax-exempt revenue refunding bonds in an aggregate principal amount not to exceed $85,000,000, designated as the City of San José Airport Revenue Refunding Bonds, Series 2024A [Alternative Minimum Tax (AMT)] for the refunding of all or a portion of the outstanding City of San José Airport Revenue Refunding Bonds, Series 2014A (AMT), all or a portion of the outstanding City of San José Airport Revenue Refunding Bonds, Series 2014B (Non-AMT), and all or a portion of the outstanding City of San José Airport Revenue Refunding Bonds, Series 2014C (Non-AMT).

(b) Adopt the Twenty-Second Supplemental Resolution of the City Council authorizing the execution and delivery of one or more Supplemental Trust Agreements, and one or more Purchase and Continuing Covenant Agreements; providing for the issuance of City of San José Airport Revenue Refunding Bonds, in one or more series in an aggregate principal amount not to exceed $85,000,000; prescribing the terms, conditions and form of said series of bonds; and authorizing and approving other related actions.

CEQA: Norman Y. Mineta San José International Airport Master Plan Amendment Environmental Impact Report (Resolution No. 79497), File No. PP18-103.  (Finance/Airport)

Retirement Boards of Administration’s Adoption of City Policies and Recommended Policies for City’s Adoption for Office of Retirement Service Operations.

Recommendation:    

Approve policies recommended from the Retirement Boards of Administration to remedy gap in City Policies on issues regarding disciplinary matters and financial procedures for the operation of the Office of Retirement Services.

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

Audit of Retirement Services Procurement Process.

Recommendation:    

Accept the report on the Retirement Services procurement process 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)

Independent Police Auditor 2023 Year End Report.

Recommendation:    

(a) Accept the 2023 Independent Police Auditor Year End Report.

(b) Accept the San José Police Department’s response to the recommendations contained in the 2023 Independent Police Auditor Year End 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. (Independent Police Auditor)

San José Police Department Internal Affairs Unit 2023 Department Initiated Investigations Report.

Recommendation:    

Accept the San José Police Department’s Internal Affairs Unit report on Department Initiated Investigations for calendar year 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. (Police)

Actions Related to the Mobile Interim Housing Project Located at the Via Del Oro Site.

Recommendation:    

(a) Adopt a resolution:

 (1) Authorizing the City Manager, or her designee, to negotiate and execute a lease agreement, and all other necessary documents, for 10 years, in the amount of $1 per year with the Sobrato Family Foundation to build and operate an Interim Housing project at the Via del Oro site (APN: 706-09-038);

 (2) Determining the City may award a Project Delivery Agreement to DignityMoves to deliver the Interim Housing project at Via del Oro without a competitive procurement under the “idle act” exception in Section 1217(i)(6) of the City of San José Charter;

 (3) Authorizing the Director of Public Works to negotiate, award and execute a Project Delivery Agreement at a maximum guaranteed amount not to exceed $10,700,000 for the development of an Interim Housing project at Via del Oro with DignityMoves, in accordance with the requirements of this memorandum; and

 (4) Authorizing the Director of Public Works to approve a 10% contingency for the project.

(b) Adopt the following 2023-2024 Appropriation Ordinance Amendments in the General Fund:

 (1) Decrease the Emergency Interim Housing Construction and Operation City-Wide Expenses appropriation to the Housing Department by $3,500,000;

 (2) Decrease the Measure E – Interim Housing Constructions and Operations Reserve (15% HSP) appropriation to the Housing Department by $4,000,000;

 (3) Decrease the Berryessa Supportive Parking Capital Contributions appropriation to the Public Works Department by $5,929,000; and

 (4) Establish the Interim Housing - Via del Oro Capital Contributions appropriation to the Public Works Department in the amount of $13,429,000.

CEQA Determination of Consistency with the Mitigated Negative Declaration for the Emergency Interim Housing Programs project (Resolution No. 2023-380), File No. ER24-015 (Via del Oro Site).  Council District 10.  (Public Works/Housing/City Manager)

CPA19-005-01 & ER23-166 - Conditional Use Permit Amendment and Determination of Public Convenience or Necessity for Certain Real Property Located at 2701 McKee Road. - TO BE HEARD AFTER ITEM 3.3

Recommendation:    

Adopt a resolution approving, subject to conditions, a Conditional Use Permit Amendment and Determination of Public Convenience or Necessity (PCN) to allow the off-sale of alcohol (Type 20 – Beer and Wine) at an approximately 3,167-square-foot fuel station convenience store on an approximately 0.91-gross-acre site.

CEQA: Categorical Exemption pursuant to CEQA Guidelines Section 15301(a), Existing Facilities. Planning Commission recommends approval (8-2-1, Barocio and Ornelas-Wise opposed, Garcia absent), Planning Commission Agenda item 4.a., on 3/13/2024. Council District 5. (Planning, Building, and Code Enforcement)

TO BE HEARD AFTER ITEM 3.3