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

Actions Related to the AMS SJC JV Retail Concession Agreement.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute one or more amendment(s) to the AMS SJC JV Retail Concession Agreement to:

(a) Place the AMS SJC JV Retail Concession Agreement for concession locations that expire on June 30, 2024, on a month-to-month holdover tenancy effective July 1, 2024;

(b) Suspend the Minimum Annual Guarantee and allow the Concessionaire to pay a percentage of gross sales (Percentage Fee) on the two retail packages consolidated under the AMS SJC JV agreement for any period between January 1, 2025 to June 30, 2026; and

(c) Revise the Percentage Fee categories in both retail packages to one consolidated Percentage Fee for the period between January 1, 2025 to June 30, 2026.

CEQA: Not a Project, File No. PP17-005, Adjustment to Fees, Rate and Fares without changes to or expansion of services. (Airport)

Actions Related to Housing Grant Agreements for Fiscal Year 2023-2024.

Recommendation:    

Adopt a resolution authorizing the Director of Housing, Acting Director of Housing, or their designee to negotiate and execute agreements and amendments for the following priorities serving individuals and families using Housing Opportunities for Persons with Acquired Immunodeficiency Syndrome funds approved in the Fiscal Year 2023-2024 Annual Action Plan for services and Measure E funds for legal services for low-income residents in Fiscal Year 2023-2024:

(a) The Health Trust in the amount of $1,562,639 retroactively from July 1, 2023 to June 30, 2024; and

(b) Law Foundation of Silicon Valley in the amount of $200,000 retroactively from July 1, 2023 to June 30, 2024.

CEQA: Not a Project, File No. PP17-009, 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. (Housing)

Third Amendment to the Agreement with DST Consulting Services for Grant and Contract Management Services.

Recommendation:    

Adopt a resolution authorizing the Director of Housing, Acting Director of Housing, or their designee to negotiate and execute an amendment to an agreement with DST Consulting Services to extend the agreement’s end term from June 30, 2024, to June 30, 2025 and increase maximum total compensation by $240,000 from $325,000 to $565,000.

CEQA: Not a Project, File No. PP17-009, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing)

Approval of Free Use for Various Human Resources Events in the City Hall Rotunda, Wing Committee Rooms, and City Hall Plazas.

Recommendation:    

Adopt a resolution authorizing “Free Use” for up to 15 various employee or semi-public Human Resources Department events per year, including Saturdays, in the City Hall Rotunda, Wing Committee Rooms 118-120, and City Hall Plazas.

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

Actions Related to the 8087 – TRAIL: Coyote Creek (Mabury Road to Empire Street) Project-Rebid.

Recommendation:    

(a) Approve an increase to the construction contingency from 10% to 23% for the 8087 – TRAIL: Coyote Creek (Mabury Road to Empire Street) Project-Rebid in the amount of $1,000,000 for a total contingency of $1,748,363.

(b) Adopt the following Appropriation Ordinance amendments in the Construction Tax and Property

Conveyance Tax Fund: City-wide Parks Purposes:

 (1) Increase the TRAIL: Coyote Creek (Mabury Road to Empire Street) appropriation to the Parks, Recreation and Neighborhood Services Department by $1,100,000; and

 (2) Decrease the Ending Fund Balance by $1,100,000.

CEQA: Addendum to the Coyote Creek Trail Master Plan Mitigated Negative Declaration (Resolution No. 75982), File No. ER20-145. Council Districts 3 and 4. (Public Works/Parks, Recreation and Neighborhood Services/City Manager)

Report on Bids and Award of Contract for 10327 – On-Call General Engineering Construction Contract for Capital Improvement Projects. 

Recommendation:    

Report on bids and award of a contract for 10327 – On-Call General Engineering Construction Contract for capital improvement projects to the lowest responsive, responsible bidder, Rodan Builders, Inc., in the amount of $3,000,000 for a duration of three years.

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

Grant Agreements and Resolutions for Consolidated Rail Infrastructure and Safety Improvements Grant Acceptance.

Recommendation:    

(a) Accept and receive Consolidated Rail Infrastructure and Safety Improvements grant funds.

(b) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the grant agreements with the Federal Railroad Administration for the following:

 (1) A federal contribution of 50% of the construction cost, not to exceed $1,220,000, for the Bascom Avenue Queue Cutter Traffic Signal Project with a 50% local match; and

 (2) A federal contribution of 75% of the project cost, not to exceed $7,500,000, for the Monterey Road Grade Separations Project preliminary engineering and environmental with a 25% local match. 

(c) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an agreement with Santa Clara Valley Transportation Authority for the Bascom Avenue Queue Cutter Traffic Signal Project.

CEQA: Bascom Avenue Traffic Signal: Categorically Exempt, File No. ER23-009, CEQA Guideline Section 15301(c) Existing Facilities; Grade Separations Project: Statutorily Exempt, File No. PP17-001, CEQA Guidelines Section 15262, Feasibility and Planning Studies. Council Districts 2 and 6. (Transportation)

Boards and Commissions Appointment.

Recommendation:    

Approve the following Boards and Commissions appointments:

(a) Youth Commission:

(1) District 2 Seat: Appoint Neyha Pradeepkumar for a term of June 1, 2024 to May 31, 2026.

(2) District 4 Seat: Appoint Genesis Arroyo for a term of June 1, 2024 to May 31, 2026.

(3) District 6 Seat: Appoint Amiya Bansal for a term of June 1, 2024 to May 31, 2026.

(4) District 8 Seat: Appoint Aldojoell Gonzalez-Muñiz for a term of June 1, 2024 to May 31, 2026.

(5) District 10 Seat: Appoint Nolan Mascarenhas for a term of June 1, 2024 to May 31, 2026.

(6) Citywide Seat: Appoint Marian Kucharewski for a term of June 1, 2024 to May 31, 2026.

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

[Rules Committee referral 5/1/2024 - Item A.1.a]

Amendment to City Council Policy 0-12 Requests for Policy Analysis (Council Referrals).

Recommendation:    

(a) Adopt a resolution amending Council Policy 0-12, Requests for Policy Analysis (Council Referrals).

(b) Direct the City Manager to drop select Council Referrals as listed in Attachment B to the staff memorandum.

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

Independent Police Auditor Appointment and Compensation Package.

Recommendation:    

Adopt a resolution appointing Eddie Aubrey for services as Independent Police Auditor (“IPA”) for an unexpired term beginning May 6, 2024, and ending December 31, 2024, and for a subsequent four-year term commencing January 1, 2025, and ending December 31, 2028, consistent with the following terms:

(a) Salary: The starting bi-weekly salary will be $9,157, which is equivalent to an annual amount of $238,100, plus an additional non-pensionable amount equal to five percent (5%) of the salary for a total annual salary of approximately $250,000.

(b) Executive Management Benefits, Unit 99 Benefits, Health Care in-lieu and Compensation: As executive management, the IPA will receive the benefits that are included in the Executive Management (Unit 99) Benefit and Compensation Plan: https://www.sanjoseca.gov/home/showdocument?id=21323

(c) Vacation and Executive Leave: The IPA will accrue vacation and executive leave in accordance with Executive Management (Unit 99) accrual rates. Executive leave cannot be cashed out or carried over into the next calendar year under any circumstances. Vacation leave can continue to accrue up to twice the annual maximum.

(d) Outside Employment: The IPA will not engage in outside employment without City Council approval.

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 5/1/2024 - Item A.1.a]

Report on Bids and Award of Contract for 10365 – 2024 Local Streets Resurfacing Southeast Project.

Recommendation:    

(a) Report on bids and award of contract for the construction of 10365 – 2024 Local Streets Resurfacing Southeast Project, to the lowest responsive, responsible bidder, MCK Services, Inc., in the amount of $15,865,150; and

(b) Approve a 10% contingency in the amount of $1,586,000.

CEQA: Categorically Exempt, File No. ER23-009, CEQA Guidelines Section 15301(c), Existing Facilities. Council Districts 2, 5, 7, 8, 9, 10. (Transportation/Public Works)

Report on Bids and Award of Contract for 10364 – 2024 Local Streets Resurfacing Southwest Project.

Recommendation:    

(a) Report on bids and award of contract for the construction of 10364 – 2024 Local Streets Resurfacing Southwest Project to the lowest responsive, responsible bidder, MCK Services, Inc., in the amount of $14,328,500; and

(b) Approve a 10% contingency in the amount of $1,432,000.

CEQA: Categorically Exempt, File No. ER23-009, CEQA Guidelines Section 15301(c), Existing Facilities. Council Districts 6, 9, 10. (Transportation/Public Works)

Nomination of Grace Baptist Church as a City Landmark.

Recommendation:    

(1) Adopt a resolution nominating Grace Baptist Church for designation as a City Landmark.

(2) Direct the Department of Planning, Building and Code Enforcement to initiate the required process and proceedings to designate Grace Baptist Church as a City Landmark.

CEQA: Exempt pursuant to CEQA Guidelines Section 15262 - Feasibility and Planning Studies and Section 15331 - Historic preservation activities that conform with the Secretary of the Interior’s Standards for the Treatment of Historic Properties will not result in a physical change to the environment. Council District 3. (Planning, Building and Code Enforcement)

TO BE HEARD IMMEDIATELY AFTER CONSENT