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 excused absences for Councilmember Cohen from the Regular Meetings of:

(a) City Council on September 17, 2024 and September 24, 2024 due to illness; and

(b) Rules and Open Government Committee and Committee of the Whole on September 18, 2024 and September 25, 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. (Cohen)

[Rules Committee referral 9/18/2024 - Item A.1.a]

Actions Related to Citywide Purchase Orders for Computer Parts, Peripherals, Audio Visual Equipment, and PC Software.

Recommendation:    

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

(a) Negotiate and execute a purchase order with ComputerLand of Silicon Valley (a division of ISSQUARED, Inc.), 4Tech Solutions LLC, and Transource Services Corp. for computer parts, peripherals, audio visual equipment, and PC software for a combined maximum compensation of $5,200,000 for the initial term beginning on or about September 1, 2024, and ending August 31, 2025, or as otherwise adjusted to align with the software subscription term;

(b) Negotiate and execute amendments as required for any unanticipated changes to the purchase orders with ComputerLand of Silicon Valley (a division of ISSQUARED, Inc.), 4Tech Solutions LLC, and Transource Services Corp. not to exceed a total amount of $500,000, subject to the appropriation of funds; and

(c) Exercise up to six additional one-year options to extend the term through August 31, 2031, or as may be adjusted to align with the software subscription renewal term, 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 Pierce Manufacturing, Inc. for an Aircraft Rescue Fire Fighting Vehicle.

Recommendation:    

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

 (1) Execute a purchase order with Pierce Manufacturing, Inc. (Appleton, WI) for an Aircraft Rescue Fire Fighting Vehicle and associated equipment, for a one-year term beginning on or about September 25, 2024, ending on or about September 24, 2025, for a total not-to-exceed amount of $2,200,000;

 (2) Approve a contingency of $500,000 for unanticipated modifications to the Aircraft Rescue Fire Fighting Vehicle specifications and equipment subject to the appropriation of funds; and

 (3) Exercise up to six one-year options to extend the term of the purchase order with the last option year ending on or about September 24, 2031, subject to the appropriation of funds. 

(b) Adopt the following 2024-2025 Funding Sources Resolution and Appropriation Ordinance amendments in the Airport Capital Improvement Fund:

 (1) Increase the estimate for Revenue from Federal Government by $97,000; and

 (2) Increase the Aircraft Rescue and Fire Fighting Apparatus Replacement appropriation to the Airport Department by $97,000.

(c) Adopt the following 2024-2025 Appropriation Ordinance amendments in the Airport Renewal and Replacement Fund:

 (1) Decrease the Unrestricted Ending Fund Balance by $103,000; and

 (2) Increase the Aircraft Rescue and Fire Fighting Apparatus Replacement appropriation to the Airport Department by $103,000.

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

Second Amendment to the Agreement with Active Network, LLC for the Purchase of a Fully Hosted Registration and Parks System.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the Second Amendment to the Agreement with Active Network, LLC (Plano, TX) for the purchase of a fully hosted registration and parks system to add two one-year options to extend the agreement through April 30, 2027, for ongoing hosting, technical support, maintenance, and payment processing services.

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

Master Consultant Agreement with Fugro USA Land, Inc. for Roadway Condition Assessment and Data Collection.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Master Consultant Agreement with Fugro USA Land, Inc. for Roadway Condition Assessment and Data Collection from the date of execution through December 30, 2029, for an amount not to exceed $5,000,000.

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

Retroactive Approval of Dumpster Day Sponsored by Council District 9 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 18, 2024:

(a) Retroactively approve the Dumpster Day scheduled on September 14, 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. (Foley)

[Rules Committee referral 9/18/2024 - Item B.3]

Retroactive Approval of Neighborhood Dumpster Day at Bellevue Park 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 18, 2024:

(a) Retroactively approve the Neighborhood Dumpster Day at Bellevue Park scheduled on September 7, 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 9/18/2024 - Item B.4]

Retroactive Approval of the Vietnamese Flag Raising 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 18, 2024:

(a) Retroactively approve the Vietnamese Flag Raising scheduled on September 7, 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 9/18/2024 - Item B.5]

Status of Open Audit Recommendations.

Recommendation:    

Accept the status of the Open Audit recommendations as of June 30, 2024.

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)

Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report.

Recommendation:    

(a) Hold a public hearing to allow for public comment on the Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report.

(b) Accept the report on the progress towards achieving the housing and community development goals identified in the City’s Fiscal Year 2020-2025 Five-Year Consolidated Plan and the Fiscal Year 2023-2024 Annual Action Plan regarding the use of federal funds from the United States Department of Housing and Urban Development for submittal to the United States Department of Housing and Urban Development by the September 30, 2024 deadline.

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

Request for Proposal for Consultant Services for the Eastside Alum Rock Urban Village to Implement Envision San José 2040 General Plan. – DEFERRED

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a contract for consultants to assist with the development of the City’s Eastside Alum Rock Urban Village Plan for a maximum aggregate compensation not to exceed $360,393, contingent upon the appropriation of the remaining grant funds during the Fiscal Year 2024-2025 Annual Report.

CEQA: Exempt pursuant to CEQA Guidelines Section 15262, Feasibility and Planning Studies. Council District 5. (Planning, Building and Code Enforcement)

DEFERRED TO 10/8/2024 PER ADMINISTRATION

Soft Story Seismic Retrofit Ordinance.

Recommendation:    

Approve an ordinance amending Title 17 of the San José Municipal Code to add Chapter 17.41 to require seismic retrofit of certain wood-frame target story residential buildings effective April 1, 2025.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment; Statutorily Exempt, File No. ER23-173, CEQA Guidelines Section 15301, Existing Facilities. (Planning, Building and Code Enforcement/Housing/City Manager)

PDC22-078, T22-027, PD24-002, and ER22-156 - Planned Development Rezoning, Tentative Map, and Planned Development Permit to Allow the Subdivision of Two Residential Lots at 1581 Minnesota Avenue.

Recommendation:    

(1) Approve an ordinance rezoning certain real property of an approximately 0.38-gross-acre site situated on the north side of Minnesota Avenue, approximately 200 feet northeast of the intersection of Minnesota Avenue and Meridian Avenue (1581 Minnesota Avenue) from the R-1-8 Single-Family Residence Zoning District to the R-1-8(PD) Planned Development Zoning District.

(2) Adopt a resolution approving, subject to conditions, a Tentative Map to subdivide one approximately 16,607-square-foot residential lot into two residential lots (including a flag lot) on an approximately 0.38-gross-acre site.

(3) Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of an approximately 502-square-foot accessory structure for the construction of an approximately 2,612-square-foot two-story single-family residence on an approximately 0.38-gross-acre site.

CEQA: Exempt pursuant to CEQA Guidelines Section 15303 for New Construction or Conversion of Small Structures. Planning Commission recommends approval (7-0-2, Barocio and Oliverio absent) (Item 4.c on the 8/28/2024 Planning Commission agenda). Council District 6. (Planning, Building and Code Enforcement)

[Deferred from 9/10/2024 – Item 10.1(a)]

10.1(b) HL24-001 – Application for Designation of 484 East San Fernando Street (Grace Baptist Church) as a City Landmark.

Recommendation:    

Adopt a resolution designating 484 East San Fernando Street (Grace Baptist Church) as a City Landmark of special historical, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.

CEQA: Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resources and Rehabilitation. Historical Landmarks Commission recommends approval (4-0-1-1, Janke absent, Arnold abstained) (Item 3.a. on the 8/7/2024 Historical Landmarks Commission agenda). Council District 3. (Planning, Building and Code Enforcement)

PDC24-036, PD23-013 & ER23-141 – Planned Development Zoning District and Planned Development Permit for Certain Real Property Located at 2919 South King Road.

Recommendation:    

(a) Approve an ordinance rezoning certain real property of an approximately 9.8-gross-acre site situated on the westerly side of South King Road, approximately 250 feet south of the intersection of South King Road and Barberry Lane (2919 South King Road) from the LI(PD) Planned Development Zoning District to the LI(PD) Planned Development Zoning District.

(b) Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the construction of a 55-foot-high monopole telecommunication tower with 15 wireless communication antennas and associated ground equipment on an approximately 4.93-gross-acre site located on the westerly side of South King Road, approximately 250 feet southerly of the intersection of South King Road and Barberry Lane (2919 South King Road).

CEQA: Exempt pursuant to CEQA Guidelines Section 15303 for New Construction of Small Structures, File No. ER23-141. Planning Commission recommends approval (7-1-1, Barocio opposed; Bickford absent) (Item 4.d. on the 8/14/2024 Planning Commission agenda). Council District 7. (Planning, Building, and Code Enforcement)

[Deferred from 8/27/2024 – Item 10.1(a)]

PDC21-032, PT21-039, PD21-017 and ER21-148 – Planned Development Rezoning, Planned Development Permit, and Vesting Tentative Map, on Certain Real Property Located at 1334 and 1348 Miller Avenue.

Recommendation:    

(a) Adopt a resolution adopting the 1334 and 1348 Miller Avenue Residential Subdivision Project Mitigated Negative Declaration, for which an initial study was prepared, all in accordance with the California Environmental Quality Act, as amended, and adopting a related Mitigation Monitoring and Reporting Program.

(b) Approve an ordinance rezoning the Project Site from the R-1-8 Single Family Residence District to the R-1-8(PD) Planned Development Zoning District on an approximately 1.07-gross-acre site.

(c) Adopt a resolution approving, subject to conditions, a Vesting Tentative Map to subdivide two existing parcels into nine lots, including seven single-family lots, one multifamily lot, and one lot for a private street on an approximately 1.07-gross-acre site.

(d) Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of two single-family residences and two accessory buildings, the removal of 11 ordinance-size and seven non-ordinance-size trees, the construction of five detached-single-family residences, two attached single-family residences, and a stacked duplex reserved as affordable to lower-income households, and the granting of State Density Bonus Law waivers (private open space, minimum distance from street to parking, geographic concentration of affordable units, unit size of affordable units, parking equivalence for affordable units, and affordable unit types) on an approximately 1.07-gross-acre site, including corrections to the Waivers section of the resolution to match the text in the published Staff Report.

CEQA: Mitigated Negative Declaration for the 1334 and 1348 Miller Avenue Residential Subdivision Project, File No. ER21-148. Planning Commission motion to recommend approval failed (4-4-1; Cantrell, Barocio, Oliverio, and Rosario opposed, Bickford absent) (Item 5.a on the 8/14/2024 Planning Commission agenda). Council District 1. (Planning, Building and Code Enforcement)

[Deferred from 9/10/2024 – Item 10.2]

HLD24-001 –Designation of Schiele Subdivision and Alameda Park as a City Landmark Historic District Nominated by the San José City Council on April 30, 2024.

Recommendation:    

(a) Receive report and recommendation from the Planning Commission, together with the report and recommendation from the Historic Landmarks Commission.

(b) Adopt a resolution designating the Schiele Subdivision and Alameda Park as a City Landmark Historic District that is a geographically definable area of urban or rural character, possessing a significant concentration or continuity of site, buildings, structures, or objects unified by past events or aesthetically by plan or physical development pursuant to Chapter 13.48 of the San José Municipal Code.

CEQA: Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resources and Rehabilitation. Historical Landmarks Commission recommends approval (5-0-1, Janke absent) (Item 3.b. on the 8/7/2024 Historical Landmarks Commission agenda). Planning Commission recommends approval (5-4, Tordillos, Bickford, Lardinois, and Rosario opposed) (Item 5.a on the 8/28/2024 Planning Commission agenda). Council District 6. (Planning, Building and Code Enforcement)