Mayor and Council Excused Absence Requests.

Recommendation:    

Request for excused absences for Councilmember Torres from the regular meetings of Community and Economic Development Committee on August 26, 2024 and City Council on August 27, 2024 due to illness.

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

Amendment to the Food and Beverage Concession Agreement with HMS Host International Inc.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an amendment to the Food and Beverage Concession agreement between the City of San José and HMS Host International Inc. to waive HMS Host International Inc.’s responsibility to complete demolition at the Shark’s Cage restaurant and provide a credit to the City in the amount of $145,000 for demolition costs.

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

Conflict of Interest Code Biennial Update.

Recommendation:    

Adopt a resolution amending the Conflict of Interest Code for the City of San José.  

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

Appointment of Voting Delegate and Alternate for the 2024 League of California Cities General Assembly.

Recommendation:    

Appoint City Councilmember David Cohen as the voting delegate and City Councilmember Pam Foley as the alternate voting delegate to the General Assembly at the October 16-18, 2024, League of California Cities Annual Meeting in Long Beach, California. 

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

Memorandum of Agreement with the County of Santa Clara to Fund an Additional Trusted Response Urgent Support Team.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to execute a Memorandum of Agreement with the County of Santa Clara for an amount not to exceed $450,000 to fund an additional Trusted Response Urgent Support Team for a one-year period.

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

Lease Renewal for Office Space Between the City of San José and 96 North Third Street, LLC.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a First Amendment to the Lease Agreement dated December 1, 2019, and all necessary documents, with 96 North Third Street, LLC. to extend an existing lease for the Independent Police Auditor’s continued use of approximately 2,298 square feet of space located at 96 North Third Street, Suite 150 for five additional years at an estimated cost of $96,516 for the first year, $99,549.36 for the second year, $102,306.96 for the third year, $105,616.08 for the fourth year, and $108,649.44 for the fifth year, totaling $512,637.84 for the five-year term.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 3. (Economic Development and Cultural Affairs)

Actions Related to the 10371 – Aborn Main Replacement Project.

Recommendation:    

(a) Accept the report on bids and award of contract for the 10371 – Aborn Main Replacement project to the lowest, responsive, and responsible bidder, DPI, Inc., in the amount of $1,568,729.

(b) Approve a 10% contingency in the amount of $156,873.

CEQA: Exempt, File No. PP17-050, CEQA Guidelines Sections 15301 Existing Facilities and Section 15302 Replacement or Reconstruction. Council District 8. (Environmental Services)

Fourth Quarter Financial Reports for Fiscal Year 2023-2024.

Recommendation:    

As recommended by the Public Safety, Finance and Strategic Support Committee on August 15, 2024, accept the Fourth Quarter (period ended June 30, 2024) Financial Reports for Fiscal Year 2023-2024 for the following debt programs:

(a) Debt Management;   

(b) Investment Management;  

(c) Revenue Management; and

(d) Purchasing and Risk Management.

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 8/15/2024 – Item (d)1]

Grant Agreement with Destination: Home SV and Adoption of Appropriation Ordinance and Funding Sources Resolution Amendments.

Recommendation:    

(a) Approve a Grant Agreement between Destination: Home SV and the City of San José for one year, retroactively from July 1, 2024 through June 30, 2025, by $180,000 to expedite applications for supportive or extremely low-income housing developments.

(b) Adopt the following Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund:

 (1) Increase the Destination: Home SV Grant City-Wide Expenses appropriation to the Planning, Building and Code Enforcement Department by $180,000; and

 (2) Increase the estimate for Other Revenue by $180,000.

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. (Planning, Building and Code Enforcement/City Manager)

Actions Related to the 10430 - Small Trash Capture Device Installation Phase I – Re-Bid.

Recommendation:    

Adopt a resolution authorizing the Director of Public Works to:

(a) Award and execute a contract for the construction of the 10430 – Small Trash Capture Device Installation Phase I Re-Bid project to the lowest responsive, responsible bidder in an amount not to exceed $3,500,000;

(b) Decide any timely bid protest(s) and make the City’s final determination as to the lowest responsive bidder that is responsible as needed to award the contract; and

(c) Approve a contingency in the amount of 15% of the contract amount.

CEQA: Categorically Exempt, File No. ER24-110, CEQA Guidelines Section 15301, Existing Facilities. (Public Works)

Actions Related to the 10128 - Park: Bundle - 9500 Hamann Tot Lot and 10121 Starbird Park Renovations Rebid III.

Recommendation:    

(a) Report on bids and award of construction contract for the 10128 - Park: Bundle - 9500 Hamann Tot Lot and 10121 Starbird Park Renovations Rebid III in the amount of $1,337,459 to the lowest responsive, responsible bidder Guerra Construction Group.

(b) Approve a 10% contingency in the amount of $133,746.

(c) Adopt the following 2024-2025 Appropriation Ordinance amendments in the Subdivision Park Trust Fund:

 (1) Increase the Hamann Park Tot Lot Renovation to the Parks, Recreation and Neighborhood Services Department appropriation by $35,000;

 (2) Establish the Starbird Park Playground Replacement appropriation to the Parks, Recreation and Neighborhood Services Department in the amount of $22,000; and

 (3) Decrease the Future PDO/PIO Projects Reserve by $57,000.

(d) Adopt the following 2024-2025 Appropriation Ordinance amendments in the Construction Tax and Property Conveyance Tax Fund: Parks Purposes Council District #1 Fund:

 (1) Increase the Hamann Park Tot Lot Renovation appropriation to the Parks, Recreation and Neighborhood Services Department by $14,000;

 (2) Increase the Starbird Park Playground Replacement appropriation to the Parks, Recreation and Neighborhood Services Department by $34,000; and

 (3) Decrease the Unrestricted Ending Fund Balance by $48,000.

CEQA: Categorically Exempt, File No. ER23-039, CEQA Guidelines Section 15301, Existing Facilities and Section 15302, Replacement or Reconstruction. Council District 1. (Public Works/Parks, Recreation, and Neighborhood Services/City Manager)

Actions Related to the Rule 20A and Rule 20B (In-Lieu Fee) Underground Utility Program.

Recommendation:    

Approve the proposed Fiscal Years 2023/2024 - 2028/2029 Work Plan for the Rule 20A and Rule 20B (In-Lieu Fee) Underground Utility Program.

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)

Approval of Flag Raising Ceremony and Lighting Recognizing Ethiopian New Year 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 August 28, 2024:

(a) Approve the Ethiopian Flag Raising scheduled on September 6, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(b) Approve the Tower Lighting scheduled on September 6, 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 events.

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

[Rules Committee referral 8/28/2024 - Item B.2]

Retroactive Approval and 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 September 4, 2024:

(a) Retroactively approve the District 4 CERT Meet & Greet Event scheduled on August 22, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(b) Approve the District 4 Annual Pumpkin Giveaway scheduled on October 21, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(c) Approve the District 4 Christmas in the Park Event scheduled on December 12, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; and

(d) 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 9/4/2024 - Item B.6]

Retroactively Approve the Vigil for Fallen Community Service Officer, Long Pham, 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 September 4, 2024:

(a) Retroactively approve the Vigil for Fallen Community Service Officer, Long Pham, scheduled on August 22, 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 events.

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

[Rules Committee referral 9/4/2024 - Item B.7]

Preliminary Actions Required for the Creation of the Tully Road Eastridge Business Improvement District and Levy Assessments for Fiscal Year 2024-2025.

Recommendation:    

(a) Adopt a resolution: 

 (1) Declaring the City Council’s intention to establish the Tully Road Eastridge Business Improvement District. 

 (2) Setting a public meeting for October 1, 2024 at 1:30 p.m. and a public hearing for November 5, 2024 at 1:30 p.m. 

 (3) Directing the City Clerk to publish the required notice of the public meeting and public hearings; and 

 (4) Appointing an Advisory Board to advise the City Council on all issues related to the Tully Road Eastridge Business Improvement District. 

(b) Subject to the establishment of the Tully Road Eastridge Business Improvement District: 

 (1) Preliminarily approve the budget report of the Advisory Board for Fiscal Year 2024-2025; and 

 (2) Adopt a resolution of intention to levy an assessment for Fiscal Year 2024-2025 and set a public hearing for November 5, 2024 at 1:30 p.m. on the levy of assessments for Fiscal Year 2024-2025.

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 Districts 7 and 8. (Economic Development and Cultural Affairs)