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:

(a) Councilmember Torres from the Regular Meeting of City Council on April 30, 2024 due to illness.

(b) Councilmember Foley from the Regular Meeting of Rules and Open Government Committee and Committee of the Whole on May 29, 2024 due to authorized City business (Sister Cities International All American Summit).

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

Establish a Temporary Hiring Incentive Program for Associate Engineers and Senior Engineers in the Planning Building and Code Enforcement Department.

Recommendation:    

Adopt a resolution establishing a hiring incentive program for eligible new hires in the Associate Engineer and Senior Engineer classifications in the Planning, Building and Code Enforcement Department who are hired after February 12, 2024 through December 31, 2024. 

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

California Community Choice Association 2024-2025 Membership.

Recommendation:    

Adopt a resolution authorizing the Director of the Energy Department to continue the City’s annual membership with the California Community Choice Association for fiscal year 2024-2025 at a cost not to exceed $600,000. 

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. (Energy)

Master Consultant Agreement with Arup US, Inc. for Consultant Services to Procure, Negotiate, and Monitor a Public-Private Partnership Biosolids Facility Agreement.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a master consultant agreement with Arup US, Inc. for consultant services to procure, negotiate and monitor a public-private partnership for the development of a biosolids processing facility at the San José-Santa Clara Regional Wastewater Facility from the date of execution through June 30, 2026, with options to extend through June 30, 2033, in a total amount not to exceed $1,000,000, subject to the appropriation of funds.

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

First Amendment to the Master Consultant Agreement with Black & Veatch for Engineering Services for the Yard Piping Improvements Project at the San José-Santa Clara Regional Wastewater Facility.

Recommendation:    

Approve the First Amendment to the Master Consultant Agreement with Black & Veatch for engineering services for the Yard Piping Improvements project at the San José-Santa Clara Regional Wastewater Facility, increasing the amount of compensation by $2,500,000, for a total agreement amount not to exceed $12,250,000; and extending the term of the agreement from June 30, 2026 to December 31, 2027.

CEQA: Addendum to the Environmental Impact Report for the San José/Santa Clara Water Pollution Control Plant Master Plan (Resolution No. 76858) for the Yard Piping and Road Improvements Project, File No. PP19-063. (Environmental Services)

Non-profit Charitable Reuser Agreements.

Recommendation:    

Approve charitable reuse agreements with Goodwill of Silicon Valley for $249,323; The Salvation Army for $88,109; and HOPE Services for $4,340, each with a term from July 1, 2024, through June 30, 2025.

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

San José Building Reach Code Administrative Update for Accessory Dwelling Units.

Recommendation:    

(a) Make findings related to the local geographical, topographical, climatic conditions and cost effectiveness, which are necessary to make modifications to the State of California’s Building Energy

Efficiency Standards.

(b) Approve an ordinance amending Section 24.12.600 of Chapter 24.12 of Title 24 (Technical Codes) of the San José Municipal Code to modify provisions of the 2022 California Building Energy Efficiency Standards to reduce certain City-imposed requirements for accessory dwelling units (as well as other single-family residential construction under 1,200 square feet).

(c) Authorize the City Manager or her designee to submit a reach code submittal package to the California Energy Commission for its approval as required by law.

CEQA: Categorically Exempt, File No. ER23-175, CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment (Environmental Services/Planning, Building, and Code Enforcement)

Amendments to the San José Municipal Code, Council Policy 6-29, 6-35, 6-36, and 6-37, and Administrative Citation Schedule of Fines all Related to the Municipal Regional Stormwater Permit Requirements.

Recommendation:    

(a) Approve an ordinance amending Section 5.09.500 of Chapter 5.09 of Title 5; amending Chapter 15.14 of Title 15 to add Sections 15.14.337, 15.14.377, 15.14.426, 15.14.443, 15.14.771, 15.14.772, and 15.14.773; amending Section 20.95.020 of Chapter 20.95 and Section 20.100.470 of Chapter 20.100 of Title 20 of the San José Municipal Code related to compliance with the Municipal Regional Stormwater Permit.

(b) Adopt a resolution amending Council Policy No. 6-29, Post Construction Urban Runoff Management;

(c) Adopt a resolution establishing a new Council Policy No. 6-35, Source Properties of Mercury, PCBs, or Other Pollutants: Best Management Practices.

(d) Adopt a resolution establishing a new  Council Policy 6-36, Private Land Directly Plumbed to the Storm Sewer System: Best Management Practices.

(e) Adopt a resolution establishing a new Council Policy No. 6-37, Projects Disturbing Less than One Acre: Best Management Practices.

(f) Adopt a resolution amending the Administrative Citation Schedule of Fines to update fines for violations of San José Municipal Code Chapter 15.14, Sections 15.14.771 and 15.14.772 to create a new fine for violations pertaining to Council Policy 6-36; Section 15.14.773 to create a new fine for violations pertaining to Council Policy 6-35; Section 15.14.770 to update the fine for violations pertaining to best management practices as applied to stormwater control; and repealing Resolution No. RES2024-24.

CEQA: Categorically Exempt, File No. ER24-105, CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment. Planning Commission recommends approval (11-0) (Item 5.b on the 5/22/2024 Planning Commission agenda). (Environmental Services/Planning, Building and Code Enforcement)

Actions Related to the 10165 – Ammonia Pumps Replacement Project at the San José - Santa Clara Regional Wastewater Facility.

Recommendation:    

(a) Adopt a resolution adopting the Addendum to the Environmental Impact Report for the San José-Santa Clara Regional Water Pollution Control Plant Master Plan, Ammonia Pumps Replacement Project, File No. ER21-306, in accordance with the California Environmental Quality Act (CEQA), as amended.

(b) Accept the report on bids and award of a construction contract for the 10165 – Ammonia Pumps Replacement Project to the lowest responsive, responsible bidder, Mountain Cascade, Inc., in the amount of $2,220,250.

(c) Approve a 10% contingency in the amount of $222,025.

CEQA: Addendum to the Environmental Impact Report for the San José/Santa Clara Water Pollution Control Plant Master Plan (Resolution No. 76858), for the Ammonia Pumps Replacement Project, Project File No. ER21-306. (Environmental Services/Public Works)

Report on Bids and Award of Construction Contract for 9911 – New Headworks Access Road Project at the San José-Santa Clara Regional Wastewater Facility.

Recommendation:    

(a) Accept the report on bids and award of contract for the construction contract of 9911 – New Headworks Access Road Project to the lowest responsive, responsible bidder, O.C. Jones and Sons, Inc. in the amount of $1,501,366; and

(b) Approve a 10% construction contingency in the amount of $150,137.

CEQA: Addendum to the Environmental Impact Report for the San José-Santa Clara Water Pollution Control Plant Master Plan (Resolution No. 76858), for the Yard Piping and Road Improvements Project, File No. PP19-063 (Resolution No. 79932). (Environmental Services/Public Works)

Third Quarter Financial Reports for Fiscal Year 2023-2024.

Recommendation:    

As recommended by the Public, Safety. Finance, and Strategic Support Committee on May 16, 2024:

(a) Accept the Third Quarter (period ending March 31, 2024) Financial Reports for the Fiscal Year 2023-2024 in the following areas:

 (1) Debt Management;

 (2) Investment Management;

 (3) Revenue Collection; and

 (4) Purchasing and Risk Management.

(b) Adopt a resolution authorizing the Director of Finance to write off uncollectible debts in an amount up to $859,363.61.

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

[Public, Safety, Finance, and Strategic Support Committee referral 5/16/2024 – (c)1]

Actions Related to the Purchase Order with ACCO Engineered Systems, Inc. for Mechanical Maintenance and Repair Services.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to exercise up to three additional one-year options to extend the term of the purchase order term with ACCO Engineered Systems, Inc. (Pasadena, CA) for mechanical maintenance and repair services, with the last option ending on June 30, 2027, 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)

Actions Related to the Purchase Orders with Rentokil North America, Inc. for Pest and Rodent Control Services.

Recommendation:    

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

(a) Execute three purchase orders with Rentokil North America, Inc. (Wyomissing, PA) for pest and rodent control services, for a one-year term beginning on or about July 1, 2024, ending on or about June 30, 2025, for a total not-to-exceed amount of $500,000; and

(b) Exercise up to six one-year options to extend the term of the purchase orders with the last option year ending on or about June 30, 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)

Actions Related to the Purchase Order with Resa Power, LLC for Transformer Testing and Repair 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 Resa Power, LLC (Houston, TX) for transformer testing and repair services, with the last option ending on or about October 4, 2030, 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)

Agreements with ABB, Inc. DBA ABB DE, INC., for On-Site Engineering Support and Ongoing Maintenance and Support at the San José-Santa Clara Regional Wastewater Facility.

Recommendation:    

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

(a) Negotiate and execute an agreement with ABB Inc., dba ABB DE, Inc. (Wickliffe, OH) for on-site engineering support at the San José-Santa Clara Regional Wastewater Facility, beginning June 1, 2024 and ending May 31, 2025, for a maximum not-to-exceed compensation of $365,000, subject to the appropriation of funds;

(b) Negotiate and execute amendments to the on-site engineering support agreement for additional professional and technical services as required for a contingency not to exceed $20,000, subject to the appropriation of funds; and

(c) Negotiate and execute the Water Care Enhanced Agreement with ABB DE, Inc., and issue annual purchase orders pursuant to the terms and conditions of the five-year Water Care Enhanced Agreement for ongoing support and maintenance for as-needed parts replacement, repair, and rebuilding services for a maximum compensation not to exceed $650,000 for the first year beginning June 1, 2024 and ending May 31, 2025, 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)

[Deferred from 4/30/2024 – Item 2.8 (24-84722)]

Third Amendment to the Agreement for Information Technology Infrastructure Refresh Project with SHI International Corporation.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the Third Amendment to the Agreement with SHI International Corporation (Somerset, NJ) for Information Technology Infrastructure Refresh Project to:

(a) Retroactively extend the initial term for an additional nine months through September 30, 2024;

(b) Increase the compensation by $92,561 for a revised maximum compensation of $3,798,435; and

(c) Exercise up to five one-year options to extend the Agreement for ongoing support, maintenance, and related professional services through September 30, 2029, 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)

Actions Related to the Purchase Orders with The Sourcing Group, LLC and E&J ValuePlus DBA SendNLink for Mailing and Printing Services.

Recommendation:    

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

(a) Amend purchase orders OP 64565 with The Sourcing Group, LLC (Aliso Viejo, CA) and OP 64583 with E&J ValuePlus dba SendNLink (San José, CA) for mailing and printing services, subject to the appropriation of funds for the period ending December 31, 2024; and

(b) Exercise up to two additional one-year options to extend the term of the purchase orders, with the last option ending on or about December 31, 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. (Finance)

Actions Related to the Purchase Order with Window Innovations, Inc. for Anti-Graffiti Film Products and Services.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to exercise up to three one-year options to extend the term of the purchase order with Window Innovations, Inc. (Brentwood, CA), with the last option ending on or about May 19, 2027, 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 Request for Proposal for a Business Tax System.

Recommendation:    

Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager or her designee to:

(a) Negotiate and execute an agreement with GovOs, Inc. (Austin, TX) for a Business Tax System with an initial three-year term beginning on or about July 1, 2024, and ending on or about June 30, 2027, or as may be adjusted to align with the software renewal term, with a maximum compensation not to exceed $2,527,875;

(b) Negotiate and execute amendments and change orders for unanticipated changes in requirements for a contingency amount not to exceed $505,575 during the initial term; and

(c) Exercise up to seven one-year options to extend the term of the agreement for a possible maximum term of ten years, 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)

Approval of the Terms of Side Letter Agreement with the Association of Maintenance Supervisory Personnel and Amendments to the City Pay Plan.

Recommendation:    

Adopt a resolution to:

(a) Approve the terms of a side letter agreement between the City and the Association of Maintenance Supervisory Personnel (AMSP), IFPTE, Local 21 to provide employees in the Air Conditioning Supervisor (3161) classification with an approximate 9.00% pensionable pay increase effective the first full pay period after this agreement is signed by all parties and has been approved by the City Council.

(b) Amend the City of San José Pay Plan effective June 4, 2024 to create the following classifications:

 (1) Heating, Ventilation, Air Conditioning (HVAC) Controls Technician (3165) with a pensionable salary range of $111,342.40 - $135,470.40 annually; and

 (2) Senior Crime and Intelligence Data Technician (1192) with a pensionable salary range of $73,798.40 - $89,918.40 annually.

(c) Amend the City of San José Pay Plan effective June 23, 2024 to increase the annual salary range of the classification of Air Conditioning Supervisor (3161) to $118,435.20 - $144,352.00.

(d) Approve the following position changes in the Public Works Department, effective June 4, 2024:

 (1) Delete 1.0 Network Engineer; and

 (2) Add 1.0 HVAC Controls Technician.

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

Animal Care and Services Contract Agreement with the City of Saratoga.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an agreement between the City of Saratoga and the City of San José for animal care and services for an initial term beginning July 1, 2024, through June 30, 2027, for an initial total compensation to the City of $558,391.81, with a mutual option to extend the agreement for two additional three-year terms, potentially through June 30, 2033, for a total compensation of $1,893,050.43.

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

Animal Care and Services Contract Agreement with the City of Cupertino.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an agreement between the City of Cupertino and the City of San José for animal care and services for an initial term beginning July 1, 2024, through June 30, 2027, for an initial total compensation to the City of $1,032,406.77, with a mutual option to extend the agreement for two additional three-year terms, potentially through June 30, 2033, for a total compensation of $3,500,047.89.

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

Agreement with San José Water Company for Water Services at Fire Station No. 8.

Recommendation:    

Adopt a resolution authorizing the City Manager, or her designee, to negotiate and execute an agreement with San José Water Company to install water facilities at Fire Station No. 8, at a cost not to exceed $110,530. 

CEQA: Mitigated Negative Declaration for the Fire Station No. 8 Project, File No. ER-22-063. Council District 3. (Public Works)

Actions Related to the 9703 - Large Trash Capture Device Installation Project Phase VII.

Recommendation:    

(a) Approve a $1,568,571 increase to the construction contingency amount of $1,123,200 for a revised total contingency amount of $2,691,771 for the 9703 – Large Trash Capture Device Installation Project Phase VII.

(b) Adopt the following 2023-2024 Appropriation Ordinance Amendments in the Storm Sewer Capital Fund:

 (1) Decrease the Unrestricted Ending Funding Balance by $500,000; and

 (2) Increase Large Trash Capture Devices appropriation to the Public Works Department by $500,000.

CEQA: Categorically Exempt, File No. ER21-299, CEQA Guidelines Section 15301, Existing Facilities, adopted on March 17, 2022. Council Districts 4, 5, 6, 8, 10. (Public Works/City Manager)

[Deferred from 5/21/2024 – Item 2.18 (24-90584)]

Downtown San José Property-Based Business Improvement District Annual Report for Fiscal Year 2024-2025.

Recommendation:    

(a) Adopt a resolution:

 (1) Approving the Downtown San José Property-Based Improvement District Annual Report prepared by the Downtown San José Property Owners’ Association for Fiscal Year 2024-2025, as filed or modified by City Council;

 (2) Confirming the individual assessments as proposed by the Downtown San José Property Owners Association, or as modified by City Council; and

 (3) Directing the Director of Public Works to deliver the assessment roll to the County of Santa Clara for collection with the property taxes.

(b) Approve an uncodified ordinance to approve the Downtown San José Property-Based Improvement District Annual Report for Fiscal Year 2024-2025, as filed or modified by the City Council, and to confirm and levy the individual assessments specified in the resolution.

CEQA: Categorically Exempt File No. ER23-096, Citywide Downtown Property Based Improvement District CEQA Guidelines Section 15301(c), Existing Facilities. Council Districts 3 and 6. (Transportation/Public Works)

Request for Travel Authorization for Mayor Mahan.

Recommendation:    

As recommended by the Rules and Open Government Committee on May 22, 2024, authorize travel, accept travel payments to the City of San José, and designate Mayor Mahan as the City representative to participate in a mayoral convening organized and funded by Bloomberg Philanthropies from June 26 - 28, 2024 in Baltimore, Maryland. Source of Fund: Bloomberg Philanthropies (Costs associated with travel, lodging, and meals).

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 5/22/2024 - Item B.2]

Approval of Pride and Transgender Flag Raisings and Lighting for Pride Week Sponsored by Council District 3, Council District 6, and Council District 9 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 May 22, 2024:

(a) Approve the Progressive Pride and Transgender Flag Raisings scheduled on August 19-25, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(b) Approve the 2024 Silicon Valley Pride Lighting Ceremony scheduled on August 19-25, 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. (Foley, Davis, and Torres)

[Rules Committee referral 5/22/2024 - Item B.3]

Bay Area Affordable Housing Bond.

Recommendation:    

As recommended by the Rules and Open Government Committee on May 22, 2024, adopt a resolution taking a position in support of the Bay Area Regional Housing Bond on the November 5, 2024 ballot.

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

[Rules and Open Government Committee referral 5/22/2024 – Item C.1.1]

Approval of the San José Earthquakes 50th Anniversary Event Sponsored by Council District 7 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 May 29, 2024:

(a) Approve the San José Earthquakes 50th Anniversary event scheduled on June 8, 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. (Doan)

[Rules Committee referral 5/29/2024 - Item B.3]

Retroactively Approval and Approval of 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 May 29, 2024:

(a) Retroactively approve the Talk with Batra scheduled on May 18, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(b) Retroactively approve the Fraud Prevention Workshop scheduled on May 29, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(c) Approve the Talk with Batra scheduled on June 22, 2024 and July 20, 2024, as City Council sponsored Special Events and approve the expenditure of funds;

(d) Approve the All-Inclusive Playground Groundbreaking Event scheduled on June 24, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(e) Approve the Santa Teresa Dumpster Day scheduled on June 29, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(f) Approve the 4th of July Fireworks Festival scheduled on July 4, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; and

(g) 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. (Batra)

[Rules Committee referral 5/29/2024 - Item B.4]

Renewal of the Willow Glen Community Benefit Improvement District.

Recommendation:    

(a) Conduct a public hearing for the expansion and renewal of the Willow Glen Community Benefit Improvement District and authorize the City Clerk to tabulate the ballots.

(b) Adopt a resolution by the City Council, as the property owner of parcels within the proposed district, authorizing the execution of a ballot in favor of the expansion and renewal of the Willow Glen Community Benefit Improvement District and the imposition of an assessment in the amount of $15,138 with annual increases of up to 7% over the next 15 years.

(c) Direct the City Clerk to report the results of the tabulation of ballots.

(d) In the event that the Willow Glen Community Benefit Improvement District is approved by a majority of weighted assessments of property owners, adopt a resolution by the City Council:

 (1) Approving the Willow Glen Community Benefit Improvement District Management Plan and Engineer’s Report;

 (2) Approving and imposing the respective assessments; and

 (3) Directing the Director of Public Works to deliver the assessment roll to the County of Santa Clara for collection with the property taxes.

(e) Approve an uncodified ordinance to approve the Willow Glen Community Benefit and Improvement District Annual Report for Fiscal Year 2024-2025, as filed or modified by the City Council, and confirming and levying the individual assessments specified in the resolution.

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)

Maintenance District Budget Reports for Fiscal Year 2024-2025.

Recommendation:    

(a) Adopt resolutions:

 (1) Approving the Annual Budget Reports for Fiscal Year 2024-2025 for City of San José Maintenance Districts 1, 2, 5, 8, 9, 11, 13, 15, 18, 19, 20, 21, and 22, as filed or modified by the City Council, and confirming and levying the individual assessments for each Maintenance District, as filed or modified by the City Council; and

 (2) Directing the Director of Public Works to deliver the assessment roll to the County of Santa Clara for collection with the property taxes.

(b) Approve an uncodified ordinance approving the Annual Budget Reports for Fiscal Year 2024-2025 for City of San José Maintenance Districts 1, 2, 5, 8, 9, 11, 13, 15, 18, 19, 20, 21, and 22, as filed or modified by the City Council, and to confirm and levy the individual assessments for each Maintenance District specified in the resolutions.

CEQA: Categorically Exempt, File No. ER24-086, CEQA Guidelines Section 15301, Existing Facilities. Council Districts 2, 3, 4, 8, and 10. (Public Works)

Actions Related to the 9895 – Regional Wastewater Facility Main Entrance Improvements Project at the San José-Santa Clara Regional Wastewater Facility.

Recommendation:    

(a) Adopt a resolution adopting the Addendum to the Environmental Impact Report for the San José - Santa Clara Water Pollution Control Plant Master Plan, File No. ER23-142, RWF Main Entrance Improvements Project, and incorporating environmental mitigation measures set forth in the Mitigation Monitoring and Reporting Program for the project.

(b)  Accept the report on bids and award of a construction contract for the 9895 – Regional Wastewater Facility Main Entrance Improvements Project to the lowest responsive, responsible bidder, W.E. Lyons Construction Co., for the base bid and Bid Alternates Nos. 1, 2 and 3 in the amount of $8,996,937.

(c) Approve a 10% construction contingency in the amount of $899,693.

CEQA: Addendum to the Environmental Impact Report for the San José-Santa Clara Water Pollution Control Plant Master Plan (Resolution No. 76858) for the RWF Main Entrance Improvements Project File No. ER23-142. (Environmental Services/Public Works)

Sewer Service and Use Charges and Storm Sewer Service Charges Effective July 1, 2024.

Recommendation:    

(a) Hold a public hearing on the proposed Sewer Service and Use Charge rates effective July 1, 2024.

(b) Adopt a resolution to change the Sewer Service and Use Charge rates effective July 1, 2024, as identified in Attachment A to the staff memorandum.

(c) Adopt a resolution to maintain the Storm Sewer Service Charge rates at the 2023-2024 levels, effective July 1, 2024, as identified in Attachment B to the staff memorandum.

(d) Approve an uncodified ordinance affirming City Council action, if any, taken on Sewer Service and Use Charge rates effective July 1, 2024.

CEQA: Statutorily Exempt, File No. PP17-005, CEQA Guidelines Section 15273, Rates, Tolls, Fares, and Charges. (Environmental Services)

Public Hearing on Residential Garbage and Recycling Services Rates for Single-Family and Multi-Family Residential Solid Waste Services.

Recommendation:    

(a) Hold a public hearing on the proposed Residential Garbage and Recycling rates and charges effective July 1, 2024.

(b) Adopt a resolution, effective July 1, 2024:

 (1) Increasing residential solid waste service rates for single-family households up to 4%; and

 (2) Increasing residential solid waste service rates for multi-family households up to 2%.

(c) Approve an uncodified ordinance, effective July 1, 2024:

 (1) Increasing residential solid waste service rates for single-family households up to 4% specified in the resolution; and

 (2) Increasing residential solid waste service rates for multi-family households up to 2% specified in the resolution.

CEQA: Statutorily Exempt, File No. PP17-005, CEQA Guidelines Section 15273, Rates, Tolls, Fares, and Charges. (Environmental Services)

San José Municipal Water System Potable (Drinking) and Recycled Water Rates and Charges.

Recommendation:    

(a) Hold a public hearing on San José Municipal Water System potable and recycled water rates and charges effective July 1, 2024.

(b) Adopt a resolution to increase the current San José Municipal Water System potable water rates and charges effective July 1, 2024.

(c) Adopt a resolution to increase the current San José Municipal Water System recycle rates and charges effective July 1, 2024.

(d) Approve an uncodified ordinance affirming City Council action, if any, taken on the San José Municipal Water System potable and recycled water rates and charges effective July 1, 2024.

CEQA: Statutorily Exempt, File No. PP17-005, Statutory Exemption for Adjustment to Fees, Rates and Fares without changes to or expansion of services. Council Districts 2, 4, 7, 8. (Environmental Services)

Public Hearing on the Downtown Business Improvement District Report and Budget and Assessments for Fiscal Year 2024-2025.

Recommendation:    

(a) Conduct a public hearing and adopt a resolution approving the Downtown Business Improvement District Report and Budget for Fiscal Year 2024-2025 as filed or modified by City Council, and levying the Downtown Business Improvement District assessments for Fiscal Year 2024- 2025.

(b) Approve an uncodified ordinance approving the Downtown Business Improvement District Report and Budget for Fiscal Year 2024-2025 as filed or modified by City Council, and levying the Downtown Business Improvement District assessments for Fiscal Year 2024- 2025, specified in the resolution.

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 impact on the environment. Council District 3. (Economic Development and Cultural Affairs)

Public Hearing on the Japantown Business Improvement District Budget Report and Assessments for Fiscal Year 2024-2025.

Recommendation:    

(a) Conduct a public hearing and adopt a resolution approving the Japantown Business Improvement District Budget Report for Fiscal Year 2024-2025 as filed or modified by City Council, and levying the Japantown Business Improvement District assessments for Fiscal Year 2024-2025.

(b) Approve an uncodified ordinance approving the Japantown Business Improvement District Budget Report for Fiscal Year 2024-2025 as filed or modified by City Council, and levying the Japantown Business Improvement District assessments for Fiscal Year 2024-2025, specified in the resolution.

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 impact on the environment. Council District 3. (Economic Development and Cultural Affairs)

Approval of the San José Hotel Business Improvement District Annual Report for Fiscal Year 2024-2025.

Recommendation:    

(a) Adopt a resolution approving the San José Hotel Business Improvement District Annual Report prepared by San José Hotels, Inc. for Fiscal Year 2024-2025 as filed or modified by the City Council, and confirming and levying the individual assessments as filed or modified by the City Council. 

(b) Approve an uncodified ordinance to approve the San José Hotel Business Improvement District Annual Report prepared by San José Hotels, Inc. for Fiscal Year 2024-2025 as filed or modified by the City Council, and confirming and levying the individual assessments as filed or modified by the City Council.

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 Initiated Rezoning of Parcels to Align a Property’s Zoning District to its General Plan in Land Use Designation in Response to Senate Bill 1333 - C24-024, C24-025, C24-026, C24-027, C24-028, C24-030. – TO BE HEARD IMMEDIATELY AFTER CONSENT

Recommendation:    

Approve an ordinance of the City of San José rezoning 25 properties from A(PD) Planned Development Zoning District to CP Commercial Pedestrian Zoning District, 10 properties from A(PD) Planned Development Zoning District to CG Commercial General Zoning District, 10 properties from A(PD) Planned Development Zoning District to IP Industrial Park Zoning District, six properties from A(PD) Planned Development Zoning District to CN Commercial Neighborhood Zoning District, four properties from LI(PD) Planned Development Zoning District to CN Commercial Neighborhood Zoning District, three properties from CO(PD) Planned Development Zoning District to CP Commercial Pedestrian Zoning District, two properties from R-1-8(PD) Planned Development Zoning District to CP Commercial Pedestrian Zoning District, two properties from A(PD) Planned Development Zoning District to CIC Combined Industrial/Commercial Zoning District, two properties from IP(PD) Planned Development Zoning District to TEC Transit Employment Center Zoning District, one property from R-2(PD) Planned Development Zoning District to CP Commercial Pedestrian Zoning District, one property from CO(PD) Planned Development Zoning District to CG Commercial General Zoning District, and one property from R-1-8(PD) Planned Development Zoning District to CG Commercial General Zoning District, all located on those certain real properties situated within the City of San José.

CEQA: Determination of Consistency with the Envision San José 2040 General Plan EIR (Resolution No. 76041) and the Envision San José General Plan Supplemental EIR (Resolution No. 77617), and Addenda thereto. (Planning, Building and Code Enforcement)

TO BE HEARD IMMEDIATELY AFTER CONSENT