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:

(a) Vice Mayor Kamei from the regular meeting of Rules and Open Government Committee and Committee of the Whole on October 16, 2024 due to the attendance at the CALAFCO 2024 Annual Conference at Tenaya at Yosemite for authorized City business. – RECOMMEND DROP PER COUNCIL OFFICE

(b) Vice Mayor Kamei from the regular meeting of Rules and Open Government Committee and Committee of the Whole on October 2, 2024 due to the attendance at the Local Agency Formation Commission of Santa Clara County (Santa Clara LAFCO) meeting for authorized City business. 

(c) Councilmember Batra from the regular meeting of Community and Economic Development Committee on September 23, 2024 due to family emergency.

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

[Rules Committee referral 9/25/2024 - Item A.1.a, (b) & (c)]

Actions Related to the Purchase Order with Chrisp Company for the Installation of Thermoplastic, Paint, and Other Roadway Striping.

Recommendation:    

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

(a) Execute a purchase order with Chrisp Company (Fremont, CA) for the installation of thermoplastic, paint, and other roadway striping beginning on or about October 2, 2024, and ending on or about October 1, 2025, for a not-to-exceed amount of $850,000; and

(b) Exercise up to six one-year options to extend the term of the purchase order, with the last option ending on or about October 1, 2031, subject to the appropriation of funds.

CEQA: Categorically Exempt, File No. ER23-009, CEQA Guideline Section 15301(c) Existing Facilities. (Finance)

Actions Related to the Purchase Orders with Bayscape Management, Inc., Brightview Landscape Services, Inc., and New Image Landscape Company for Special Districts Landscape Maintenance.

Recommendation:    

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

(a) Execute purchase orders with Bayscape Management, Inc., (Alviso, CA) for Community Facilities Districts No. 14 and No. 17, Maintenance Districts No. 2, No. 5, and No. 18; Brightview Landscape Services, Inc., (Blue Bell, PA) for Maintenance District No. 11; and New Image Landscape Company (Fremont, CA) for Maintenance District No. 21 for landscape maintenance beginning on or about October 1, 2024, and ending on or about September 30, 2025, for a combined not-to-exceed amount of $557,000; 

(b) Approve a contingency of $100,000 for unanticipated landscaping maintenance and related services subject to the appropriation of funds; and

(c) Exercise up to six one-year options to extend the term of the purchase orders, with the last option ending on or about September 30, 2031, subject to the appropriation of funds.

CEQA: Categorically Exempt. File No. ER24-086, CEQA Guidelines Section 15301(h), Existing Facilities. (Finance)

Actions Related to Funding and Reimbursement Agreements Between the City of San José and LS Power Grid California, LLC, for Permitting Costs.

Recommendation:    

(a) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Funding and Reimbursement Agreement between the City of San José and LS Power Grid California, LLC, to cover the permitting costs related to encroachment permits for the Power Santa Clara Valley Project.

(b) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Funding and Reimbursement Agreement between the City of San José and LS Power Grid California, LLC, to cover the permitting costs related to encroachment permits for the Power South Bay Project.

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

Status Report on the November 2018 Ballot Measure T – The Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond.

Recommendation:    

Accept the bi-annual status report on the work plan and implementation updates for projects included in the approved 2018 Measure T – The Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond.

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)

Request for Travel Authorization for Mayor's Staff.

Recommendation:    

Authorize travel, accept travel payments to the City of San José and designate Mayor’s Staff, Stephen Caines, as the City representative to attend the Bloomberg CityLab event in Mexico City, Mexico from October 14 to October16, 2024. Source of Fund: The Aspen Institute, 501c3 (airfare, 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 9/25/2024 - Item A.1.a]

Approval of Independent Police Auditor Business Travel.

Recommendation:    

Approve the request of Eddie J. Aubrey, Independent Police Auditor, for a business-related trip to attend the NACOLE conference in Tucson, AZ from October 14 through October 17, 2024.

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

[Rules Committee referral 9/25/2024 - Item A.1.a]

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:    

As recommended by the Rules and Open Government Committee on September 25, 2024:

(a) Retroactively approve the Talk with Batra scheduled on July 20, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(b) Approve the Senior Day at the Almaden Community Center scheduled on October 5, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(c) Approve the Hoffman/Via Monte Property Owners meeting scheduled on October 7, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(d) Approve the Shredding and E-Waste Day scheduled on October 12, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(e) Approve the Dumpster Days in the Santa Teresa area scheduled on October 26, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;

(f) Approve the Talk with Batra scheduled on October 19, 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 events.

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

[Rules Committee referral 9/25/2024 - Item B.4]

Adoption of Statement of Policy and City Council Questions for the Prospective Director of Finance.

Recommendation:    

Adopt a Statement of Policy and City Council Questions related to the selection of a prospective Director of Finance as described in the staff memorandum, in compliance with City Charter Section 411.1.

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

Summary Vacation of Melina Street, Bruce Avenue, and Portions of Regent Street, University Avenue, Emory Street, Walnut Street, and Spring Street with Reservations of Public Service Easements Within the Areas Being Vacated and Conditional Vacation of a Portion of University Avenue All Within Guadalupe Gardens.

Recommendation:    

(a) Conduct a public hearing on the summary vacations of Melina Street, Bruce Avenue, and a portion of Regent Street, University Avenue, Emory Street, Walnut Street, and Spring Street with the reservation of Public Service Easements within the areas being vacated in Guadalupe Gardens, and a conditional vacation of a portion of University Avenue within Guadalupe Gardens.

(b) Adopt a resolution:

 (1) Approving the report of the Director of Public Works and Director of Aviation setting forth the facts justifying the summary vacation of Melina Street, Bruce Avenue, and a portion of Regent Street, University Avenue, Emory Street, Walnut Street, and Spring Street with the reservation of Public Service Easements within the areas being vacated in Guadalupe Gardens (Subject Portion 1);

 (2) Summarily vacating Subject Portion 1, which is excess right-of-way not required for street purposes and reserving Public Service Easements within the areas being vacated; and

 (3) Directing the City Clerk to record a certified copy of the resolution of vacation for Subject Portion 1 with the Office of the Clerk-Recorder, County of Santa Clara.

(c) Adopt a resolution:

 (1) Approving the report of the Director of Public Works and Director of Aviation setting forth the facts justifying the conditional vacation of a portion of University Avenue between Coleman Avenue and Walnut Street within Guadalupe Gardens (Subject Portion 2);

 (2) Conditionally vacating Subject Portion 2 following the completion of the condition to abandon and/or relocate existing in-use public utility facilities; and

 (3) After satisfaction of the condition, directing the City Clerk to record a certified copy of the resolution of vacation for Subject Portion 2 with the Office of the Clerk-Recorder, County of Santa Clara.

CEQA: Categorically Exempt, CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations. Council District 6. (Public Works/Airport)

Establishment of the Tully Road Eastridge Business Improvement District.

Recommendation:    

Receive a report and accept public comment on the establishment of the Tully Road Eastridge Business Improvement District.

CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. Council Districts 7 and 8. (Economic Development and Cultural Affairs)

Downtown San José Office Incentives. 

Recommendation:    

(a) Approve an ordinance amending Chapter 4.76 of Title 4 of the San José Municipal Code to add a new Section 4.76.749 to temporarily exempt from the City's Business Tax new tenants executing leases for office space, or new property owners engaging in owner-occupied office uses, in the Downtown Business Improvement District when certain requirements are satisfied.  

(b) Adopt a resolution amending the Master Parking Rate Schedule to establish a Downtown Office Lease Incentive Parking Program at City-owned and operated facilities and update various parking programs and rates. 

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. Council Districts 3 and 6. (Economic Development and Cultural Affairs/Transportation/Finance)