Citywide Sustainable Park Maintenance Status Report.
Accept a status report on citywide sustainable park maintenance, including current service levels and areas of improvement. (Parks, Recreation and Neighborhood Services)
2021-2022 Status Report on Parks and Community Facilities Development Capital Improvement Program.
Accept an Annual Report on Park Impact Ordinance and Parkland Dedication Ordinance Fees for 2021-2022 and the Annual Status Report on Parks, Recreation and Neighborhood Services Department’s Capital Improvement Program. (Parks, Recreation and Neighborhood Services)
Extension of AB 361 Implementation to Allow Teleconferenced Public Meetings and Modified COVID Sunshine Resolution and Procedures to Continue through February 28, 2023 during the Governor’s Proclaimed COVID State of Emergency.
Adopt a resolution finding the continued existence of the need to extend AB 361 implementation and amending the City’s Consolidated Open Government and Ethics (Sunshine) Resolution No. 77135 to incorporate the Governor’s proclaimed COVID state of emergency to allow City legislative bodies and Joint Power Authority legislative bodies for which the City serves as lead staffing agency to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361; to modify agenda noticing and document posting; and to incorporate all future Governor’s Executive Orders regarding the Brown Act into the City’s open government procedures, as deemed appropriate by the City Clerk and City Manager, without further Council action.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk)
Acceptance of the Retirement Plans’ Annual Comprehensive Financial Reports for Fiscal Years Ending June 30, 2022 and June 30, 2021. - DEFERRED
Accept the following annual reports:
(a) Police and Fire Department Retirement Plan Annual Comprehensive Financial Report for the Fiscal Years ended June 30, 2022 and June 30, 2021; and
(b) Federated City Employees’ Retirement System Annual Comprehensive Financial Report for the Fiscal Years ended June 30, 2022 and June 30, 2021.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Retirement Services)
Approval of Lighting for American Heart Month Sponsored by Council District 6 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on January 11, 2023:
(a) Approve the Tower and Rotunda Lighting for American Heart Month scheduled on February 7, 2023 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. (Davis)
[Rules Committee referral 1/11/2023 - Item B.6]
Lake Cunningham Shoreline and Water Quality Report. - DEFERRED
As recommended by the Neighborhood Services and Education Committee on December 8, 2022, accept the report on the Lake Cunningham Shoreline and Water Quality Study.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Parks, Recreation and Neighborhood Services/Public Works)
[Neighborhood Services and Education Committee referral 12/8/22 - Item (d)6]
Overruling Objections to the 2023-2024 Weed Abatement Commencement Report and Directing the Removal of Weeds or Refuse. - DEFERRED
Conduct a Public Hearing and adopt a resolution:
(a) Overruling any and all objections to the 2023-2024 Weed Abatement Commencement Report (Report); and
(b) Directing the Santa Clara County Consumer and Environmental Protection Agency to abate the seasonal and/or recurrent public nuisances on those properties identified in the Report pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Agreement between the City of San José and the County of Santa Clara.
CEQA: Categorically Exempt, CEQA Guidelines Section 15301(h) Existing Facilities, File No. PP18-094. (Planning, Building and Code Enforcement)
(a) Ordinance No. 30876 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Redwood Debris Box Service Trucking, Inc.
[Passed for Publication on 1/24/2023 - Item 6.3(b) (23-077)]
Retroactive Approval of Tower and Rotunda Lighting for the Vietnamese Heritage and Freedom Flag Raising Tet Celebration Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on February 1, 2023:
(a) Retroactively approve the Tower and Rotunda Lighting for the Vietnamese Heritage and Freedom Flag Raising Tet Celebration scheduled on January 25, 2023 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. (Ortiz)
[Rules Committee referral 2/1/2023 - Item B.3]
Retroactive Approval of U.S. Figure Skating Dinner Sponsored by Council District 6 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on February 1, 2023:
(a) Retroactively Approve the U.S. Figure Skating Dinner scheduled on January 23, 2023 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. (Davis)
[Rules Committee referral 2/1/2023 - Item B.4]
City Council Appointments of Standing Committees and Boards, Commissions and Committees and Assignments, and Amendment to Rules of Conduct Resolution.
(a) Discuss, amend and/or approve the Mayor’s Appointments for each of the Standing Committees, as described in Exhibit “A” of the Mayor’s Memorandum.
(b) Except for appointments which the Mayor has sole authority to appoint pursuant to statute, organization bylaws, or other governing documents, discuss, amend and/or approve Councilmembers to each of the Boards, Commissions or Committees and assignments, as described in Exhibit “B” of the Mayor’s Memorandum.
(c) Adopt a resolution amending the Council’s Rules for the Conduct of its Meetings, Superseding Resolution No. 79870, to delete Smart Cities and Service Improvements Committee as a Standing Council Committee.
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 2/1/2023 - Item A.1.a]
Approval of the 2022-2023 Mid-Year Budget Review Report.
(a) Approve the 2022-2023 Mid-Year Budget Review Report.
(b) Adopt related Appropriation Ordinance and Funding Sources Resolution amendments in various funds as detailed in Section III (Recommended Budget Adjustments and Clean-Up Actions) of the 2022-2023 Mid-Year Budget Review Report.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action; 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. (City Manager)
Report on Request for Proposal for Citywide Security Guard Services.
Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager or designee to:
(a) Negotiate and execute agreements with Good Guard Security, Inc. (Chatsworth, CA) for security guard services for the Airport, Transportation, Public Works, Parks, Recreation and Neighborhood Services, Library, and Environmental Services Departments with an initial 14-month term beginning on or about February 1, 2023 and ending March 31, 2024, with a total aggregate compensation for all agreements not to exceed $9,048,442 for the initial term, subject to the appropriation of funds;
(b) Negotiate and execute amendments and change orders as required to add, delete, or modify services, such as for special events, or to address seasonal variations, budgetary constraints, or unanticipated changes in demand, subject to the appropriation of funds;
(c) Exercise up to four one-year options to extend the terms of the agreements through March 31, 2028, subject to the appropriation of funds; and
(d) Negotiate and execute additional agreements or purchase orders with Good Guard Security, Inc. leveraging the same Request for Proposal to provide security guard services for other City departments as requested, subject to substantially the same material terms and conditions and 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 1/31/2023 - Item 3.4 (23-130)]
Agreement with Jacobs Engineering Group for Program Management Support Services at San José Mineta International Airport.
Adopt a resolution authorizing the City Manager or designee to negotiate and execute a Master Consultant Agreement with Jacobs Engineering Group for Program Management Support Services at San José Mineta International Airport, for a period of seven years from execution, in a total amount not to exceed $71,000,000 over the term of the agreement.
CEQA: Not a Project, File No. PP17-002, Consultant services for design/study/inspection, or other professional services with no commitment to future action. Council District 6. (Airport)
Authorization to Seek Funding from United States Department of Transportation’s National Infrastructure Investments under the Infrastructure Investment and Jobs Act Grant.
Adopt a resolution authorizing the City Manager or designee to apply for, execute, and accept upon receipt, grants from the United States Department of Transportation’s National Infrastructure Investments (i.e. Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Program) under the Infrastructure Investment and Jobs Act, (also referred to as the Bipartisan Infrastructure Law), in a total amount not to exceed $25 million, for the Terminal A Ground Transportation Island Project at the San José Mineta International Airport.
CEQA: Not a Project, File No. PP17-006, Grant Application with no commitment or obligation to enter into an agreement at the time of application. (Airport)
City Initiatives Roadmap: Digital Equity and Empowerment Program Status Report. - DEFERRED
As recommended by the Neighborhood Services and Education Committee on December 8, 2022, accept a report on preliminary findings and recommendations related to the Digital Inclusion and Broadband strategy, Digital Inclusion Fund grant program, and Digital Equity program outcomes as part of the approved City Initiatives Roadmap for 2022-2023.
CEQA: Not a Project, File No. PP17-009, Staff Report, Assessments, annual Reports, and Informational Memos that involve no approvals of any City action. (Library)
[Neighborhood Services and Education Committee referral 12/8/2022 - Item (d)4]
DEFERRED TO 3/7/2023 PER ADMINISTRATION
Sixth Substantial Amendment to the Fiscal Year 2019-2020 Annual Action Plan for the Reallocation of Coronavirus Aid Relief and Economic Security Act Funds Awarded by the U.S. Department of Housing and Urban Development for Eligible Use.
(a) Hold a public hearing to allow for public comment.
(b) Adopt a resolution relating to the following actions regarding a sixth amendment to the existing Fiscal Year 2019-2020 Annual Action Plan that includes changes to the federal Coronavirus Aid Relief and Economic Security Act (CARES Act) funds awarded by the United States Department of Housing and Urban Development (HUD) to the City of San José:
(1) Approve the changes relating to the Substantial Amendment to the Fiscal Year 2019-2020 Annual Action Plan to reallocate Community Development Block Grant CARES Act balance of $6,770,616 and apply funds to Community Development Block Grant CARES Act eligible uses;
(2) Authorize the Housing Department to submit the Substantial Amendment to the U.S., Department of Housing and Urban Development; and
(3) Authorize the City Manager or their designee to negotiate and execute agreements with grantees for the activities identified in these Annual Action Plan amendments and all related contract amendments, extensions, and changes.
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, and File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing)
Burbank 47 Annexation, C22-040 & ER22-042 - Annexation, Conforming Pre-Zoning, and Determination of Consistency with Envision San Jose 2040 General Plan Environmental Impact report for the for Property Located at 560 South Bascom Avenue. - TO BE HEARD IMMEDIATELY AFTER CONSENT
(1) Approve an ordinance pre-zoning two parcels on certain real property within Santa Clara County unincorporated territory totaling 0.51-gross acre, including an area of approximately 0.47 gross acre (APN No. 277-29-045) to the City of San José CP Commercial Pedestrian Zoning District and an area of approximately 0.04 gross acre (APN No. 277-29-044) to the City of San José R-1-8 Single-Family Residence Zoning District.
(2) Adopt a resolution initiating proceedings and setting March 14, 2023, for City Council consideration of the reorganization of territory designated as Burbank No. 47, which involves the annexation to the City of San José of approximately 0.51-gross acre of land from Santa Clara County unincorporated territory and the detachment of the same from the appropriate special districts.
CEQA: Determination of Consistency with Envision San Jose 2040 General Plan Final Program EIR, Resolution No. 76041, and Addendum thereto. Council District 6. (Planning, Building and Code Enforcement)
RENOTICED FOR 1:30 P.M.
Burbank 44 Annexation C20-011 & ER20-146 - Annexation and Pre-Zoning of Five Unincorporated Parcels from the County of Santa Clara to the City of San José (APNs: 274-16-050, 052, 053, 069 & 070) - RENOTICED
(a) Adopt a resolution certifying the Environmental Impact Report for the 1881 West San Carlos Project, making certain findings concerning significant impacts, mitigation measures, and alternatives, and adopting a Statement of Overriding Considerations and a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act.
(b) Approve an ordinance pre-zoning certain real property an approximately 0.895-gross-acre site in Santa Clara County unincorporated territory designated as Burbank No. 44 to the Mixed-Use Commercial Zoning District.
(c) Adopt a resolution initiating proceedings and scheduling March 28, 2023 for City Council consideration of the reorganization of territory designated as Burbank No. 44, which involves the annexation to the City of San José of approximately 0.895 gross acres of land from Santa Clara County unincorporated territory and the detachment of the same from the appropriate special districts, excepting the Burbank Sanitary District.
CEQA: Environmental Impact Report for the 1881 West San Carlos Project (File Nos. Burbank 44/C20-011/ CP20- 020/T20-016). Council District 6. (Planning, Building and Code Enforcement)
RENOTICED TO 2/28/2023
H21-005/ER21-018 & T21-005 - Site Development Permit and Vesting Tentative Map for Certain Real Property Located at 550 East Brokaw Road. - RENOTICED
(a) Adopt a resolution certifying the 550 E. Brokaw Project Environmental Impact Report, and making certain findings concerning significant impacts, mitigation measures, alternatives, and adopting a statement of overriding considerations and a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act (CEQA).
(b) Adopt a resolution approving, subject to conditions, a Vesting Tentative Map to subdivide one lot into four lots on an approximately 19.70-gross acre site.
(c) Adopt a resolution approving, subject to conditions, a Site Development Permit to allow the demolition of an existing approximately 213,626-square foot commercial building and the removal of 274 trees (210 ordinance-size, 64 non-ordinance-size) for the construction of seven office buildings totaling approximately 1,924,110 square feet and two parking structures totaling approximately 1,647,920 square feet on an approximately 19.70-gross acre site.
CEQA: 550 E. Brokaw Project Environmental Impact Report (ER21018). Planning Commission recommended approval (Item 5.a, 1/11/2023 Planning Commission agenda) (8-0-2, Ahluwalia and Young absent). Council District 3. (Planning, Building and Code Enforcement)
RENOTICED TO 2/28/2023
H21-048/ER21-276 & T21-043 - Administrative Hearing on the Environmental Appeal for the Apollo Residential Project. - RENOTICED
(a) Conduct an Administrative Hearing to consider the environmental appeal of the Planning Director’s reliance on the Apollo Residential Project Addendum to the Downtown Strategy 2040 Final Environmental Impact Report in accordance with the California Environmental Quality Act (CEQA) for a Site Development Permit and Vesting Tentative Map (File Nos. H21-048 and T21-043), to allow the demolition of the existing buildings on-site (totaling approximately 15,908 square feet) and construct a 20-story residential tower with up to 471 units and 7,661 square feet of ground floor retail, on an approximately 1.1-acre site.
(b) Adopt a resolution denying the environmental appeal and upholding the Planning Director’s reliance on the Apollo Residential Project Addendum to the Downtown Strategy 2040 Final Environmental Impact Report in accordance with the California Environmental Quality Act, as amended, and finding that:
(1) The City Council has independently reviewed and analyzed the Addendum for the Apollo Residential Project, and related administrative record related to Site Development Permit No. H21-048; and
(2) The Addendum for the Apollo Residential Project was prepared and completed in full compliance with the CEQA of 1970, as amended, together with State and local implementation guidelines; and
(3) Reliance on the Addendum for the Apollo Residential Project reflects the independent judgment and analysis of the City of San José, as lead agency for the Project; and
(4) Preparation of a new, subsequent, or supplemental environmental document is not required because the appeal does not raise any new significant impacts that have not already been analyzed or addressed in the Apollo Residential Project Addendum and none of the following events occurred as outlined in Section 21166 of Public Resources Code (PRC): (i) substantial changes are proposed in the project which will require major revisions of the environmental report; (ii) substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report; or (iii) new information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. Further, a new, subsequent, or supplemental environmental impact report is not required because no impacts outside the scope of the Downtown Strategy 2040 EIR were identified in Section 15168 of the CEQA Guidelines.
CEQA: Apollo Residential Project Addendum to the Downtown Strategy 2040 Final Environmental Impact Report. Council District 6. (Planning, Building and Code Enforcement)
RENOTICED TO 2/28/2023
Amendment to the Agreement with Guidehouse, Inc. for Customer Service Vision and Standards Services.
Adopt a resolution authorizing the City Manager or designee to negotiate and execute the First Amendment to the Master Consulting Agreement with Guidehouse, Inc. (Falls Church, VA) to extend the initial term for 12 months through June 30, 2024, and increase the compensation in the amount of $400,000 for a maximum compensation not to exceed $800,000, and with no change in options to extend the agreement, 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. (City Manager)
Amendment to Purchase Order with Jensen Landscape Services, LLC for Landscape and Irrigation Maintenance Services.
Adopt a resolution authorizing the City Manager to amend purchase order OP 59024 with Jensen Landscape Services, LLC (Milpitas, CA) for landscape and irrigation maintenance services to increase the total compensation by $90,000, for a maximum compensation not-to-exceed $511,000 for the period ending June 30, 2023.
CEQA: Determination of Consistency with the Norman Y. Mineta San José International Airport Master Plan Amendment Environmental Impact Report, File No. ER22-279. (Finance)
Actions Related to the First Amendment to the Funding Agreement with Santa Clara Valley Water District for the Coyote Creek and Guadalupe River Trail Patrol Program.
(a) Adopt a resolution authorizing the City Manager or designee to negotiate and execute a first amendment to the agreement for the Coyote Creek and Guadalupe River Trail Patrol Program with the Santa Clara Valley Water District in the amount of $400,000 for the extension of 6 months (January 1, 2023 to June 30, 2023).
(b) Adopt the following Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund:
(1) Increase the Coyote Creek and Guadalupe River Trail Patrol City-Wide Expenses appropriation to the Police Department by $400,000; and
(2) Increase the estimate for Revenue from Local Agencies by $400,000.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Police/City Manager)
Actions Related to the 9387 - Park: Happy Hollow Park & Zoo Exhibit Poles Project.
Award a construction contract for the 9387 - Park: Happy Hollow Park & Zoo Exhibit Poles Project to Suarez & Munoz Construction, Inc. pursuant to City Charter Section 1217 (h), in the amount of $1,712,600 and approve a ten percent contingency in the amount of $171,260.
CEQA: Categorically Exempt, File No. ER21-115, CEQA Guidelines Section 15301. Existing Facilities.
(Public Works/Parks, Recreation and Neighborhood Services)
Agreement Between the Santa Clara Valley Transportation Authority and the City of San José for the Eastridge to Bart Regional Connector Project.
(a) Adopt a resolution making certain findings as the responsible agency for purposes of and pursuant to the provisions of the California Environmental Quality Act (CEQA) in connection with the approval of discretionary actions by the City of San José deemed necessary for the construction and operation of the Eastridge to BART Regional Connector Project and adopting the related Mitigation Monitoring and Reporting Program.
(b) Adopt a resolution authorizing the City Manager or designee to negotiate and execute Amendment No. 1 of the Operations and Maintenance Agreement between the Santa Clara Valley Transportation Authority and the City for the Eastridge to BART Regional Connector Project.
CEQA: Santa Clara Valley Transportation Agency’s Eastridge to BART Regional Connector Project Final Environmental Impact Report, Final Supplemental Environmental Impact Report and Second Supplemental Environmental Impact Report. File No. ER22-268. Council District 5 and 8. (Transportation)
Acceptance of the Retirement Plans’ Annual Comprehensive Financial Reports for Fiscal Years Ending June 30, 2022 and June 30, 2021.
Accept the following annual reports:
(a) Police and Fire Department Retirement Plan Annual Comprehensive Financial Report for the Fiscal Years ended June 30, 2022 and June 30, 2021; and
(b) Federated City Employees’ Retirement System Annual Comprehensive Financial Report for the Fiscal Years ended June 30, 2022 and June 30, 2021.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Retirement Services)
[Deferred from 2/7/2023 - Item 2.8 (23-160)]
Overruling Objections to the 2023-2024 Weed Abatement Commencement Report and Directing the Removal of Weeds or Refuse.
Conduct a Public Hearing and adopt a resolution:
(a) Overruling any and all objections to the 2023-2024 Weed Abatement Commencement Report (Report); and
(b) Directing the Santa Clara County Consumer and Environmental Protection Agency to abate the seasonal and/or recurrent public nuisances on those properties identified in the Report pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Agreement between the City of San José and the County of Santa Clara.
CEQA: Categorically Exempt, CEQA Guidelines Section 15301(h) Existing Facilities, File No. PP18-094. (Planning, Building and Code Enforcement)
[Deferred from 2/7/2023 - Item 8.1 (23-165)]
(a) City Council Meeting Minutes of January 24, 2023.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.
Integrated Waste Management Program and Recycle Right Public Outreach Program Status Report.
Accept a status report on the Integrated Waste Management Program, including residential and commercial garbage and recycling collection programs and the Recycle Right Public Outreach Program.
(Environmental Services)
Accept annual reports highlighting investments, activities and capital improvements to the City’s storm sewer and sanitary sewer collection systems for Fiscal Year 2021-2022.
(Public Works)
Review February 14, 2023 Final Agenda
a. Add New Items to Final Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
Rules Committee Reviews, Recommendations and Approvals Consent
Approval of the Ukraine Flag Raising Ceremony and Tower and Rotunda Lighting Sponsored by the Mayor's Office as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Mayor)
1. Approve the Ukraine Flag Raising Ceremony scheduled on February 24, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
1. Approve the Ukrainian flag colors Tower and Rotunda Lighting scheduled on February 24 - 26, 2023.
2. Approve and accept donations from various individuals, businesses or community groups to support the event.
3. Place the item on the February 14, 2023 Council Agenda for action.
Rules Committee Reviews, Recommendations and Approvals Consent
Approval of Comanche Blossom Valley Neighborhood Association Dumpster Day Event Sponsored by Council District 10 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Batra)
1. Approve the Comanche Blossom Valley Neighborhood Association Dumpster Day Event scheduled on March 4, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Approve and accept donations from various individuals, businesses or community groups to support the event.
3. Place the item on the February 14, 2023 Council Agenda for action.
Rules Committee Reviews, Recommendations and Approvals Consent
Approval of the Winter Walk and Senior Resource Fair Sponsored by Council Districts 10, 9, and 2 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Batra)
1. Approve the 15th Annual Winter Walk and Senior Resource Fair scheduled on February 24, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Approve and accept donations from various individuals, businesses or community groups to support the event.
3. Place the item on the February 14, 2023 Council Agenda for action.
(a) Approve the appointment of Pablo Polidoro, nominated by the IAFF Local 230 as the IAFF Local 230 active employee member, to the Voluntary Employees Beneficiary Association (VEBA) Advisory Committee for a partial term beginning March 1, 2023 and ending May 31, 2025.
(b) Place the item on the February 14, 2023 City Council Agenda for action.
Rules Committee Reviews, Recommendations and Approvals Consent
Update to the January - June 2023 Neighborhood Services and Education Committee Work Plan. (Parks, Recreation and Neighborhood Services)
Approve an amendment to the January – June 2023 Neighborhood Services and Education Committee Work Plan to drop the following item from the March 9, 2023 Neighborhood Services and Education Committee meeting:
Urban Confluence Silicon Valley Project Quarterly Status Report.
Purpose: Provide a quarterly status report on the Urban Confluence Silicon Valley Project. (Parks, Recreation and Neighborhood Services)
Review February 7, 2023 Final Agenda
a. Add New Items to Final Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
Review February 14, 2023 Draft Agenda
a. Add New Items to Draft Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
Rules Committee Reviews, Recommendations and Approvals Consent
Retroactive Approval of the Tower and Rotunda Lighting for the Vietnamese Heritage and Freedom Flag Raising Tet Celebration Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Ortiz)
1. Retroactively approve the Tower and Rotunda Lighting for the Vietnamese Heritage and Freedom Flag Raising Tet Celebration event scheduled on January 25, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Approve and accept donations from various individuals, businesses or community groups to support the event.
3. Place the item on the February 7, 2023 Council Agenda for action.
Rules Committee Reviews, Recommendations and Approvals Consent
Retroactive Approval of U.S. Figure Skating Dinner Sponsored by Council District 6 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Davis)
1. Retroactively approve the U.S. Figure Skating Dinner scheduled on January 23, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Retroactively approve and accept donations from various individuals, businesses or community groups to support the event.
3. Place the item on the February 7, 2023 Council Agenda for action.
Rules Committee Reviews, Recommendations and Approvals Consent
February - April 2023 Study Session Schedule. (City Manager)
(a) Approve the Study Session Schedule for the period February - April 2023.
(b) Schedule a Study Session for Priority Setting Session #1 titled Transition Committee Report on Tuesday, February 14 at 11:00 a.m. and a Special Meeting for Priority Setting Session #2 titled Administration Priority Setting Recommendations on Tuesday, February 28 at 11:00 a.m. in the City Council Chambers and approve the draft agendas.
Amendment to the Joint Powers Agreement for the California Cities Gaming Authority.
Adopt a resolution authorizing the City Manager to execute the Amendment to the California Cities Gaming Authority Joint Exercise of Powers Agreement to allow for the City of Bell, CA to join the Authority.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)
Agreement with Cascadia Consulting Group, Inc. for Residential Solid Waste Characterization Services.
Adopt a resolution authorizing the City Manager or designee to:
Approve a Master Agreement with Cascadia Consulting Group, Inc. for waste characterization services for a four-year term in an amount not to exceed $1,000,000 for the contract duration.
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)
Amendment to the Agreement with Econolite Systems, Inc. for an Automated Traffic Signal Performance Measures System.
Adopt a resolution authorizing the City Manager or designee to:
(a) Negotiate and execute the First Amendment to the Agreement with Econolite Systems, Inc. (Anaheim, CA) for an Automated Traffic Signal Performance Measures System to add professional services for mobility modifications and increase maximum compensation by $11,870 for a revised not to exceed amount of $248,637 for a three-year initial term ending September 30, 2023.
(b) Negotiate and execute amendments and change orders as required for any unanticipated changes for an additional contingency of $50,000 during the initial 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)
City Initiatives Roadmap - Emergency Fiscal Recovery and Planning: Amendment to the Agreement with Ernst & Young, LLP for COVID-19 Consulting Support Services.
Adopt a resolution authorizing the City Manager or designee to negotiate and execute the Fourth Amendment to the Agreement with Ernst & Young, LLP (San José, California) for consulting support to assist the City of San José in strategic management of COVID-19 funding sources and provide technical guidance related to a comprehensive disaster cost recovery model, to increase compensation by $260,000 for a revised amount not-to-exceed $1,500,000 and extend the contract term to June 30, 2023.
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 2022 Edward Byrne Memorial Justice Assistance Grant Spending Plan; and Adoption of Appropriation Ordinance and Funding Sources Resolution Amendments in the Edward Byrne Memorial Justice Assistance Grant Trust Fund in 2022-2023.
(a) Approve the Spending Plan for the 2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $367,516.
(b) Adopt a resolution accepting the 2022 Edward Byrne Memorial Justice Assistance Grant in the amount of $367,516 and authorize the City Manager to negotiate and execute the Grant Agreement and all related documents for the grant award received from the U.S. Department of Justice without further City Council action.
(c) Adopt the following Appropriation Ordinance and Funding Sources Resolution Amendments in the Edward Byrne Memorial Justice Assistance Grant Trust Fund:
(1) Increase the estimate for Revenue from Federal Government by $367,516; and
(2) Establish an appropriation to the Police Department for the 2022 Justice Assistance Grant in the amount of $367,516.
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. (Police/City Manager)
Amendment to the Agreement with San José Downtown Association and San José Downtown Property Owners for Downtown Property-Based Business Improvement District Services.
Adopt a resolution to extend the existing agreement with the San José Downtown Association and the San José Downtown property owners for the management and delivery of services for the Downtown Property-Based Business Improvement District, retroactively from January 1, 2023 through June 30, 2023.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical change to the environment. Council Districts 3 and 6. (Transportation)
Accept the Annual Report on City Services for 2021-2022.
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)
Report on Request for Proposal for Citywide Security Guard Services. - DEFERRED
Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager or designee to:
(a) Negotiate and execute agreements with Good Guard Security, Inc. (Chatsworth, CA) for security guard services for the Airport, Transportation, Public Works, Parks, Recreation and Neighborhood Services, Library, and Environmental Services Departments with an initial 14-month term beginning on or about February 1, 2023 and ending March 31, 2024, with a total aggregate compensation for all agreements not to exceed $9,048,442 for the initial term, subject to the appropriation of funds.
(b) Negotiate and execute amendments and change orders as required to add, delete, or modify services, such as for special events, or to address seasonal variations, budgetary constraints, or unanticipated changes in demand, subject to the appropriation of funds.
(c) Exercise up to four one-year options to extend the terms of the agreements through March 31, 2028, subject to the appropriation of funds.
(d) Negotiate and execute additional agreements or purchase orders with Good Guard Security, Inc. leveraging the same Request for Proposal to provide security guard services for other City departments as requested, subject to substantially the same material terms and conditions and 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)
As recommended by the Transportation and Environment Committee on December 5, 2022, accept the report on the Municipal Regional Stormwater National Pollutant Discharge Elimination System permit reissuance.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Environmental Services)
[Transportation and Environment Committee referral 12/5/22 - Item (d)2]
Mayor’s Gang Prevention Task Force Plan - San José Youth Violence Prevention Strategy.
As recommended by the Neighborhood Services and Education Committee on December 8, 2022:
(a) Accept the Mayor’s Gang Prevention Task Force Strategic Plan.
(b) Adopt the following changes:
(1) San José Youth Empowerment Alliance as the new name of the Mayor’s Gang Prevention Task Force as approved by the Policy Team on October 27, 2022; and
(2) Discontinue use of the term "Hot Spots” by the Administration to define areas of high youth and gang crime and replace it with the term Opportunity Neighborhoods.
CEQA: Not a Project, File No. PP17 009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Parks, Recreation and Neighborhood Services)
[Neighborhood Services and Education Committee referral 12/8/2022- Item (d)2]
[Deferred from 1/24/2023 - Item 7.1]
Actions Related to a Future Park Located at the Southwest Corner of Alma Avenue and Sanborn Avenue.
(a) Approve a Park Master Plan for a new public park at the southwest corner of Alma Avenue and Sanborn Avenue.
(b) Adopt the name “Elia Park” per City Council Policy 7-5 and the Donation Agreement.
(c) Adopt a resolution authorizing the City Manager to:
(1) Submit a grant application and, if awarded, negotiate, and execute a grant agreement with the Santa Clara Valley Open Space Authority for an amount up to $1,000,000 contributing to design and construction of the park, and all other actions necessary to effectuate the grant; and
(2) Negotiate and execute a Conservation Easement with the Santa Clara Valley Open Space Authority for perpetual use of the land for recreational park purposes only that requires a conservation easement for legally enforceable land preservation agreement.
(d) Adopt the following Appropriation Ordinance Amendments in the Construction Tax and Property Conveyance Tax Fund: Parks Purposes Council District #7:
(1) Decrease the Alma Avenue and Sanborn Avenue Park Reserve by $274,000; and
(2) Increase the Alma Park Master Plan and Design appropriation by $274,000.
CEQA: Categorically Exempt, File No. ER21-153, CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures. (Parks, Recreation and Neighborhood Services/City Manager)
First Substantial Amendment to the Fiscal Year 2022-2023 Annual Action Plan for Transfer of Neighborhood Stabilization Program Income Funds to Community Development Block Grant for Eligible Uses.
(a) Hold a public hearing to allow for public comment.
(b) Adopt a resolution relating to the following actions regarding a first amendment to the existing Fiscal Year 2022-2023 Annual Action Plan that includes changes to the federal Neighborhood Stabilization Program and the Community Development Block Grant to the City of San José:
(1) Approve the following changes relating to the Substantial Amendment to the Fiscal Year 2022-2023 Annual Action Plan to:
(i) Decrease NSP1 program income funds by $584,220 and redirect funds to Community Development Block Grant eligible uses;
(ii) Increase Community Development Block Grant program income funds by $584,220 and apply funds to other Community Development Block Grant eligible uses;
(2) Authorize the Housing Department to submit the Substantial Amendment to the U.S, Department of Housing and Urban Development; and
(3) Authorize the City Manager or her designee to negotiate and execute agreements with grantees for the activities identified in these Annual Action Plan amendments and all related contract amendments, extensions, and changes.
(c) Adopt the following Fiscal Year 2022-2023 Appropriation Ordinance amendments in the Multi-Source Housing Fund:
(1) Decrease the Unrestricted Ending Fund Balance by $584,220; and
(2) Establish a Transfer to the Community Development Block Grant Fund in the amount of $584,220.
(d) Adopt the following Fiscal Year 2022-2023 Appropriation Ordinance amendments in the Community Development Block Grant Fund:
(1) Establish an estimate for Revenue from Transfers and Reimbursements in the amount of $584,220;
(2) Increase the Housing Program Development and Monitoring appropriation to the Housing Department by $116,844;
(3) Increase the Contractual Community Services appropriation to the Housing Department by $87,633; and
(4) Increase the Neighborhood Infrastructure Improvements appropriation to the Housing Department by $379,743.
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, and File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing/City Manager)
Actions Related to the Loan Commitment for New Affordable Housing Development Located at 1510-1540 Parkmoor Avenue.
(a) Adopt a resolution:
(1) Approving a total commitment of up to $16,826,688 from the Low and Moderate Income Housing Asset Fund and the Affordable Housing Impact Fee Fund for a Construction-Permanent Loan to Allied Housing, Inc. or an affiliated development entity for the Parkmoor Community Apartments, located at 1510-1540 Parkmoor Ave., which is being developed to provide 79 affordable rent-restricted units, and two unrestricted manager units, which commitment includes an amount not to exceed $11,803,587 in the Low and Moderate Income Housing Asset Fund and $5,023,101 in the Affordable Housing Impact Fee Fund;
(2) Authorizing a loan-to-value ratio of greater than 100% to Allied Housing Inc. or an affiliated development entity;
(3) Authorizing the loan terms to allow an increase in the rents and income restrictions up to 60% of area median income for new tenants in project-based voucher subsidized units in the event of expiration or termination of project-based vouchers for the Parkmoor Community Apartments, or for all tenants in the event of foreclosure, to the extent the City has determined such increase is needed for the feasibility of the development and allowed by other funds; and
(4) Authorizing the Director of Housing to negotiate and execute loan documents and all other documents, including any amendments thereto, related to City financing for the Parkmoor Community Apartments.
(b) Adopt the following 2022-2023 Appropriation Ordinance amendments in the Affordable Housing Impact Fee Fund:
(1) Decrease the Housing Project Reserve appropriation by $4,400,000;
(2) Decrease the Unrestricted Ending Fund Balance by $623,101; and
(3) Increase the Housing Loans and Grants appropriation to the Housing Department by $5,023,101.
(c) Adopt the following 2022-2023 Appropriation Ordinance amendments in the Low and Moderate Income Housing Asset Fund:
(1) Decrease the Housing Project Reserve appropriation by $11,803,587; and
(2) Increase the Housing Loans and Grants appropriation to the Housing Department by $11,803,587.
CEQA: Exempt; CEQA review per Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15369, Ministerial Project pursuant to Government Code Section 65913.4, File No. ER20-109. Council District 6. (Housing/City Manager)
Actions Related to the Loan Commitment and Land Purchase for the Dry Creek Crossing Affordable Housing Development Located at 2388 S. Bascom Avenue.
(a) Adopt a resolution:
(1) Approving a total Construction-Permanent Loan commitment of up to $9,450,000 and a land acquisition loan or acquisition funding commitment of up to $5,200,000 in funds from Measure E Real Property Transfer Tax allocations (Measure E) for Pacific Southwest Community Development Corporation or an affiliated development entity in conjunction with CRP Affordable Housing and Community Development LLC or affiliated entities (collectively, Developer), for Dry Creek Crossing, located at 2388 S. Bascom Ave., which will provide 63 affordable rent-restricted apartments and one unrestricted manager’s apartment (Development);
(2) Authorizing a loan-to-value ratio of greater than 100% for this Development;
(3) Authorizing the Director of Housing to acquire the 2388 S. Bascom Ave site from the Developer for a price not to exceed $5,200,000 and to ground lease the site to the Developer for the Development;
(4) Authorizing the Director of Housing to negotiate and execute documents and document amendments related to the acquisition and development of the site, and the ground leasing of the site, including a deed acceptance and any riders to the ground leases required by government entities and to execute lender’s consents to these lease riders;
(5) Authorizing the Director of Housing to negotiate and execute loan documents and all other documents, including any amendments thereto, related to City financing for the Development; and
(6) Making a determination that, consistent with Government Code Section 37364, after acquisition, the 2388 S. Bascom Ave site is to be leased to the Developer without first offering the site to the public for any other use, since the site will be restricted so as to provide housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code or as defined by the United States Department of Housing and Urban Development or its successors, and that this use is in the City’s best interests.
(b) Adopt the following 2022-2023 Appropriation Ordinance amendments in the General Fund:
(1) Decrease the Measure E - 40% Extremely Low-Income Households Reserve by $4,185,714;
(2) Decrease the Measure E - 30% Low-Income Households Reserve by $7,906,349;
(3) Decrease the Measure E - 5% Moderate-Income Households Reserve by $2,557,937;
(4) Increase the Measure E - 40% Extremely Low-Income Households appropriation to the Housing Department by $4,185,714;
(5) Increase the Measure E - 30% Low-Income Households appropriation to the Housing Department by $7,906,349; and
(6) Establish the Measure E - 5% Moderate-Income Households appropriation to the Housing Department in the amount of $2,557,937.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 9. (Housing/City Manager)
Burbank 44 & C20-011 - Annexation and Prezoning for Certain Real Property Located at 1883-1887, 1891-1995, 1897-1899 West San Carlos Street and 13 Boston Avenue. - RENOTICED TO 2/14/2023 (Initiate Annexation)
(a) Adopt a resolution certifying the Environmental Impact Report for the 1881 West San Carlos Project (SCH #2020120059), make certain findings concerning significant impacts, mitigation measures, and alternatives, and adopt a Statement of Overriding Considerations and a related Mitigation Monitoring and Reporting Plan, in accordance with the California Environmental Quality Act.
(b) Approve an ordinance prezoning an approximately 0.895-gross-acre site in Santa Clara County unincorporated territory designated as Burbank No. 44 into the Mixed Use Commercial Zoning District.
(c) Adopt a resolution initiating proceedings and scheduling February 14, 2023, for City Council consideration of the reorganization of the territory designated as Burbank No. 44, which involves the annexation to the City of San José of approximately 0.895 gross acres of land from Santa Clara County unincorporated territory and the detachment of the same from the appropriate special districts, excepting the Burbank Sanitary District.
CEQA: Environmental Impact Report for the 1881 West San Carlos Project (Burbank 44/C20-011/ CP20-020/T20-016), State Clearinghouse No. 2020120059. Planning Commission recommended approval 12/14/2022 - Item 5.a. (10-0-0). Council District 6. (Planning, Building and Code Enforcement)
RENOTICED TO 2/14/2023 (Initiate Annexation) PER ADMINISTRATION
Approval of San José Mayor Mahan’s Inaugural Celebration Sponsored by the Mayor’s Office as a City Council sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
(a) Approve the Mayor Mahan’s Inaugural Celebration scheduled on February 1, 2023 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. (Mayor)
[Rules Committee referral 1/25/2023 - Item A.1.a]
Retroactive Approval of the District 4 Neighborhood Clean Up Day and Approval of the Alviso Park Tree Planting Event and the Southeast (SE) Berryessa Dumpster Day 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.
As recommended by the Rules and Open Government Committee on January 25, 2023:
(a) Retroactively approve the District 4 Neighborhood Clean Up Day scheduled on January 21, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(b) Approve the Alviso Park Tree Planting event scheduled on February 4, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(c) Approve the SE Berryessa Dumpster Day scheduled on February 11, 2023 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 event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Cohen)
[Rules Committee referral 1/25/2023 - Item B.2]
(a) Regular Public Safety, Finance and Strategic Support Committee Minutes of December 15, 2022.
(b) Regular Public Safety, Finance and Strategic Support Committee Minutes of November 17, 2022.
(c) Regular Smart Cities and Service Improvements Committee Minutes of November 3, 2022.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.
Special Meeting on Filling Vacancies in Council Districts. (City Clerk)
a) Interview candidates for the interim appointment to City Council District 8.
b) Appoint candidate to a term to begin immediately and end when a candidate has been duly elected and the results of the election have been officially certified.
Special Meeting on Filling Vacancies in Council Districts. (City Clerk)
a) Interview candidates for the interim appointment to City Council District 10.
b) Appoint candidate to a term to begin immediately and end when a candidate has been duly elected and the results of the election have been officially certified.
Approve the following Boards and Commissions appointments:
(a) Housing and Community Development Commission:
(1) District 9 Seat: Appoint Don Jackson to a term ending June 30, 2025.
(b) Youth Commission:
(1) District 8 Seat: Appoint Aldojoell (Aldo) Gonzalez Muñiz for a term ending May 31, 2024.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk)
Amendment to the Ground Lease Agreement with Hewlett Packard Enterprise Company.
(a) Adopt a resolution authorizing the City Manager or designee to negotiate and execute a Third Amendment to the Ground Lease of Parcel W-9 Agreement with Hewlett Packard Enterprise Company to terminate the agreement early, effective upon execution by the City with a payment to Hewlett Packard Enterprise Company of $2,200,000;
(b) Adopt the following 2022-2023 Appropriation Ordinance amendments in the Airport Renewal and Replacement Fund:
(1) Increase the Hewlett Packard Incorporated Lease Buyout appropriation to the Airport Department by $700,000; and
(2) Decrease the Ending Fund Balance by $700,000.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Airport/City Manager)
Adopt the following 2022-2023 Appropriation Ordinance Amendments in the San José Arena Capital Reserve Fund:
(a) Decrease the Previously Approved Repairs Reserve by $3,871,000;
(b) Increase the Electrical Repairs appropriation to the Office of Economic Development and Cultural Affairs by $855,000;
(c) Increase the Mechanical Repairs appropriation to the Office of Economic Development and Cultural Affairs by $2,655,000;
(d) Increase the Structures Repairs appropriation to the Office of Economic Development and Cultural Affairs by $334,000; and
(e) Increase the Unanticipated/Emergency Repairs appropriation to the Office of Economic Development and Cultural Affairs by $27,000.
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. (City Manager)
Actions Related to the Purchase Order with Bear Electrical Solutions, Inc. for Traffic Signal Installation and Maintenance Services.
Adopt a resolution authorizing the City Manager to:
(a) Amend purchase order OP 62540 with Bear Electrical Solutions, Inc. (Alviso, CA) for traffic signal installation and maintenance services to increase the total compensation by $1,080,000, for a maximum compensation not-to-exceed $1,400,000 for the period ending August 17, 2023.
(b) Exercise up to four one-year options to extend the term of the purchase order with the last option ending on or about August 17, 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)
Approve the appointment of a Councilmember as Vice Mayor.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Mayor)
As recommended by the Public Safety, Finance and Strategic Support Committee on December 15, 2022, accept the report on the Firearm Regulation Aduit. (City Auditor)
CEQA: Not a project, File No. PP17-009, Staff Report, Assessments, annual Reports, and Informational Memos that involve no approvals of any City action.
[Public Safety, Finance and Strategic Support Committee referral 12/15/2022 - Item (d)2]
Long Term Renewable Energy and Resource Adequacy Contracts.
Adopt a resolution authorizing the Director of the Community Energy Department or the Director’s designee to negotiate and execute:
(a) An agreement with Yellow Pine Solar II, LLC, a subsidiary of NextEra Energy Resources Development, LLC, to buy renewable energy, renewable energy credits, resource adequacy, battery tolling rights, and attributes associated with a solar photovoltaic and battery storage facility for a term of no more than 25 years beginning 2024 through 2049, in an amount not to exceed $15,400,000 annually and $332,000,000 in the aggregate, to be paid solely from the San José Clean Energy Operating Fund and subject to the annual appropriation of funds; and
(b) An agreement with Yellow Pine III Energy Storage, LLC, a subsidiary of NextEra Energy Resources Development, LLC, to buy resource adequacy and battery tolling rights associated with a battery storage facility for a term of 20 years beginning 2025 through 2045, in an amount not to exceed $3,870,000 annually and $77,400,000 in the aggregate, to be paid solely from the San José Clean Energy Operating Fund and subject to the annual appropriation of funds.; and
(c) An agreement with Sun Pond, LLC, a subsidiary of Longroad Development Company, LLC, to buy renewable energy, renewable energy credits, resource adequacy, battery tolling rights, and attributes associated with a solar photovoltaic and battery storage facility for a term of 20 years beginning 2025 through 2045, in an amount not to exceed $11,260,000 annually and $225,200,000 in the aggregate, to be paid solely from the San José Clean Energy Operating Fund and subject to the annual appropriation of funds; and
(d) An agreement with Alpaugh BESS, LLC, a subsidiary of Con Edison Clean Energy Businesses, Inc., to buy resource adequacy associated with a battery storage facility for a term of 12 years beginning 2024 through 2036, in an amount not to exceed $450,000 annually and $5,400,000 in the aggregate, to be paid solely from the San José Clean Energy Operating Fund and subject to the annual appropriation of funds.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Community Energy)
2022 Urban Community Drought Relief Grant Program.
(a) Accept the staff report regarding the 2022 Urban Community Drought Relief Grant Program.
(b) Adopt a resolution:
(1) Ratifying the City of San José application for the Program, and authorizing the City Manager, Director of Finance, or their designees, including without limitation, Sarah Zarate, to negotiate and execute the necessary agreements, including any amendments or revisions, and other actions, to apply for and secure the grant and fulfill the Program requirements;
(2) Accepting up to $14.3 million, or the amount awarded, in Program funding; and
(3) Authorizing the City Manager, Director of Finance, or their designees, including without limitation, Sarah Zarate, to apply for, negotiate, and execute any documents, and take other actions necessary to receive funds for other State or Federal grant opportunities to fund projects related to drinking water, recycled water, or other associated water supply projects.
CEQA: Not a Project, File No. PP17-009, Staff Reports Assessments, Annual Reports and Informational memos that involve no approvals of any City action and File No. PP17-006, Grant Application with no commitment or obligation to enter into an agreement at the time of application. Council Districts 2, 4, 7, and 8. (Environmental Services)
Actions Related to the Issuance of a Non-Exclusive Franchise Agreement to Redwood Services, Inc. related to Clean-Out Material and Construction and Demolition Debris.
(a) Conduct a public hearing on the application of Redwood Services, Inc., dba Redwood Debris Box Service (Redwood Services) for a Non-Exclusive Franchise for the non-exclusive collection, transport, and delivery of residential clean-out material and construction and demolition debris.
(b) Approve an ordinance granting the franchise.
(c) Approve the Non-Exclusive Franchise Agreement with Redwood Services for the collection, transport, and delivery of residential clean-out material and construction and demolition debris, for a term beginning March 3, 2023, through June 30, 2023.
CEQA: Categorically Exempt, CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment, File No. ER21-060. (Environmental Services)
Mayor’s Gang Prevention Task Force Plan - San José Youth Violence Prevention Strategy. - DEFERRED
As recommended by the Neighborhood Services and Education Committee on December 8, 2022, accept the MGPTF Strategic Plan and refer to a future City Council meeting in 2023 for full adoption including the following changes:
(a) San José Youth Empowerment Alliance as the new name of the Mayor’s Gang Prevention Task Force (MGPTF) as approved by the Policy Team on October 27, 2022; and
(b) Discontinue use of the term Hot Spots by the Administration to define areas of high youth and gang crime and replace it with the term Opportunity Neighborhoods. (PRNS)
[Neighborhood Services and Education Committee referral 12/8/2022 - Item (d)2]
Amendment to Agreement with Hall Energy Law PC for Legal Services Related to Power Procurement for San José Clean Energy.
Adopt a resolution authorizing the City Attorney to negotiate and execute a fifth amendment to the agreement with Hall Energy Law PC for legal services related to power procurement for San José Clean Energy extending the term from June 30, 2022 to June 30, 2024, increasing the rates of compensation effective January 9, 2023, and increasing the amount of compensation by $80,000, for a total amount not to exceed $800,000, subject to the appropriation of funds.
Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Attorney)
(a) Ordinance No. 30873 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 1.37 Gross Acres, Situated on the Northwest Corner of Bernal Road and Realm Drive (151 Bernal Road) (APN: 706-01-046) from the IP Industrial Park Zoning District to the CN Commercial Neighborhood Zoning District.
[Passed for Publication on 12/6/2022 - Item 8.3(a) (22-1876)]
(b) Ordinance No. 30870 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 10.6 Gross Acres Situated on the West Side of Piercy Road, Approximately 2,070 Feet Northerly of Tennant Avenue (500 Piercy Road) (APN: 678-08-061) from the IP Industrial Park Zoning District to the IP(PD) Planned Development Zoning District.
[Passed for Publication on 1/10/2023 - Item 10.1(a) (23-018)]
As recommended by the Rules and Open Government Committee on January 11, 2023, authorize travel for Mayor Mahan to Washington, DC from January 17 - 20, 2023, to attend the United States Conference of Mayors (USCM) Annual Winter Meeting (Source of Fund: Mayor/Council Travel Budget).
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Mahan)
[Rules Committee referral 1/11/2023 - Item B.11]
Retroactive Approval of District 4 Pajama Giveaway and River Oaks Neighborhood Association Meet and Greet 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.
As recommended by the Rules and Open Government Committee on January 11, 2023:
(a) Retroactively approve the District 4 Pajama Giveaway Event scheduled on December 12, 2022 as a City Council sponsored Special Event and approve the expenditure of funds;
(b) Retroactively approve the River Oaks Neighborhood Association Meet and Greet event scheduled on January 18, 2023 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. (Cohen)
[Rules Committee referral 1/11/2023 - Item B.3]
Retroactive Approval of Small Business Advisory Task Force (SBATF) Membership Recognition Event Sponsored by Council District 1 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on January 11, 2023:
(a) Retroactively approve the SBATF Membership Recognition Event scheduled on December 15, 2022 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. (Jones)
[Rules Committee referral 1/11/2023 - Item B.4]
Retroactive Approval of Olympic Flag Raising for the 2023 United States Figure Skating Championship Sponsored by Council District 6 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on January 11, 2023:
(a) Retroactively approve the Olympic Flag Raising for the 2023 United States Figure Skating Championship scheduled on January 10, 2023 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. (Davis)
[Rules Committee referral 1/11/2023 - Item B.5]
Retroactive Approval of District 5 Vision Board Party and Street Banner Unveiling Event Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on January 11, 2023:
(a) Retroactively approve the District 5 Vision Board Party scheduled on December 20, 2022, and the Street Banner Unveiling Event scheduled on December 22, 2022, as City Council sponsored Special Events 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. (Carrasco)
[Rules Committee referral 1/11/2023 - Item B.7]
Retroactive Approval of the District 2 Walnut Mobile Home Park Stocking Giveaway Sponsored by Council District 2 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on January 11, 2023:
(a) Retroactively approve the Walnut Mobile Home Park Stocking Giveaway scheduled on December 15, 2022 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. (Jimenez)
[Rules Committee referral 1/11/2023 - Item B.8]
(a) Regular Transportation and Environment Committee Minutes of December 5, 2022.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.
(a) City Council Foundational Racial Equity Study Session Minutes of September 29, 2022.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, and Annual Reports, and Informational Memos that involve no approvals of any City action.
Approval of District 2 SAP Grant for Santa Teresa High School Boys Soccer Program.
As recommended by the Rules and Open Government Committee on January 18, 2023, approve a $1,500.00 SAP grant from Council District 2 to the Santa Teresa High School Boys Soccer Program to support their general fund for operating and administrative expenses.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative activities resulting in no changes to the physical environment. (Jimenez)
[Rules Committee referral 1/18/2023 - Item B.2]
Retroactive Approval of Tower and Rotunda Lighting for San Francisco 49ers Playoffs Sponsored by Council District 6 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on January 18, 2023:
(a) Retroactively approve the Tower and Rotunda Lighting for San Francisco 49ers Playoffs scheduled from January 13, 2023 to January 20, 2023 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. (Davis)
[Rules Committee referral 1/18/2023 - Item B.3]
Review January 31, 2023 Final Agenda
a. Add New Items to Final Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
Review February 7, 2023 Draft Agenda
a. Add New Items to Draft Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
Rules Committee Reviews, Recommendations and Approvals Consent
Retroactive Approval of the District 4 Neighborhood Clean Up Day and Approval of the Alviso Park Tree Planting Event and the Southeast (SE) Berryessa Dumpster Day 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. (Cohen)
1. Retroactively approve the District 4 Neighborhood Clean Up Day scheduled on January 21, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Retroactively approve and accept donations from various individuals, businesses or community groups to support the event.
3. Approve the Alviso Park Tree Planting event scheduled on February 4, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
4. Approve the SE Berryessa Dumpster Day scheduled on February 11, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
5. Approve and accept donations from various individuals, businesses or community groups to support the events.
6. Place the item on the January 31, 2023 Council Agenda for action.
Rules Committee Reviews, Recommendations and Approvals Consent
Public Safety, Finance, and Strategic Support Committee Work Plan. (Mayor and Jimenez)
Approve the Public Safety, Finance, and Strategic Support Committee Work Plan for the period of January through June 2023 and setting its meeting schedule on the third Thursday of each month at 1:30 p.m. in the City Council Chambers.
Rules Committee Reviews, Recommendations and Approvals Consent
Transportation and Environment Committee Work Plan. (Mayor and Cohen)
Approve the Transportation and Environment Committee Work Plan for the period of January through June 2023 and setting its meeting schedule on the first Monday of each month at 1:30 p.m. in the City Council Chambers.
Rules Committee Reviews, Recommendations and Approvals Consent
Neighborhood Services and Education Committee Work Plan. (Mayor and Davis)
Approval of the Neighborhood Services and Education Committee Work Plan for the period January through June 2023 and setting its meeting schedule on the second Thursday of each month at 1:30 p.m. in the City Council Chambers.
Real Estate Services Division Activities Annual Report
Provide an annual report on the activities of the Real Estate Services Division, including surplus land sales leasing activities and City-owned vacant lands for Fiscal Year 2021- 2022. (Economic Development and Cultural Affairs)
Accept annual reports highlighting investments, activities and capital improvements to the City’s storm sewer and sanitary sewer collection systems for Fiscal Year 2021-2022.
(Public Works)
Integrated Waste Management Program and Recycle Right Public Outreach Program Status Report.
Accept a status report on the Integrated Waste Management Program, including residential and commercial garbage and recycling collection programs and the Recycle Right Public Outreach Program.
(Environmental Services)
Burbank 47 Annexation, C22-040 & ER22-042 - Annexation, Conforming Pre-Zoning, and Determination of Consistency with Envision San Jose 2040 General Plan Environmental Impact report for the for Property Located at 560 South Bascom Avenue. - TO BE HEARD IMMEDIATELY AFTER CONSENT
Authorization to Seek Funding from United States Department of Transportation’s National Infrastructure Investments under the Infrastructure Investment and Jobs Act Grant.
Actions Related to the First Amendment to the Funding Agreement with Santa Clara Valley Water District for the Coyote Creek and Guadalupe River Trail Patrol Program.
Review February 14, 2023 Final Agenda
a. Add New Items to Final Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
Sixth Substantial Amendment to the Fiscal Year 2019-2020 Annual Action Plan for the Reallocation of Coronavirus Aid Relief and Economic Security Act Funds Awarded by the U.S. Department of Housing and Urban Development for Eligible Use.
Rules Committee Reviews, Recommendations and Approvals Consent
Approval of the Winter Walk and Senior Resource Fair Sponsored by Council Districts 10, 9, and 2 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Batra)
Rules Committee Reviews, Recommendations and Approvals Consent
Approval of Comanche Blossom Valley Neighborhood Association Dumpster Day Event Sponsored by Council District 10 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Batra)
Rules Committee Reviews, Recommendations and Approvals Consent
Approval of the Ukraine Flag Raising Ceremony and Tower and Rotunda Lighting Sponsored by the Mayor's Office as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Mayor)
Retroactive Approval of Tower and Rotunda Lighting for the Vietnamese Heritage and Freedom Flag Raising Tet Celebration Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
Retroactive Approval of U.S. Figure Skating Dinner Sponsored by Council District 6 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
Burbank 44 Annexation C20-011 & ER20-146 - Annexation and Pre-Zoning of Five Unincorporated Parcels from the County of Santa Clara to the City of San José (APNs: 274-16-050, 052, 053, 069 & 070) - RENOTICED