Minutes — San Jose City Council, March 7, 2023

- 1 - March 7, 2023
City Council Meeting
Minutes
Tuesday, March 7, 2023
1:30 PM
Hybrid Meeting - Council Chambers and Virtually -
https://sanjoseca.zoom.us/j/88957084529

MATT MAHAN, MAYOR
ROSEMARY KAMEI, DISTRICT 1
SERGIO JIMENEZ, DISTRICT 2
OMAR TORRES, DISTRICT 3
DAVID COHEN, DISTRICT 4
PETER ORTIZ, DISTRICT 5
DEV DAVIS, DISTRICT 6
BIEN DOAN, DISTRICT 7
DOMINGO CANDELAS, DISTRICT 8
PAM FOLEY, DISTRICT 9
ARJUN BATRA, DISTRICT 10
- 2 - March 7, 2023
• Call to Order and Roll Call
9:40 a.m.- Closed Session 23- 313: See Pages 12-14 for Closed Session Minutes.

Present Councilmembers: All present. (Council Chambers Conference Room, W133.) Absent Councilmembers: All present.

Pursuant to AB2449, Councilmember Jimenez provided notice he will participate in the Closed Session meeting using video teleconference under the just cause exemption of caregiving. This is his first of two allowed just cause exemptions.

Public Comment: (In person speakers)

1. J
ohn Tucker (MEF-AFSCME 101) addressed city leadership, labor negotiations, retention issues, the good will needed towards city workers, and the importance of having a coalition bargaining cost benefit analysis.

2. Elizabeth Kamya (IFPTE Local 21) spoke to the 900 vacant City positions, the staffing crisis, challenges the City faces, the coalitions assistance with the senior nutrition program, retention issues, stated the City unions deserve the right to bargain. She addressed the union contract expiring in July of this year.

3. Mary Reed (ABMEI Bargaining Unit) spoke to the importance of bargaining with the coalition, stated it’s essential that Council make employees feel preferred and appreciated to ensure the retention of City employees, and preventing City employees taking their talents elsewhere that pays more. 1:30 p.m.- Regular Session
Present Councilmembers: All present. (Council Chambers.) Absent Councilmembers: All present.
• Pledge of Allegiance
Mayor Matt Mahan led the Pledge of Allegiance.
• Invocation (District 3)
Councilmember Omar Torres introduced President, Sacred Heart Nativity Schools, Deacon Rubén Solorio who offered the invocation.
• Orders of the Day
There were no changes to the Orders of the Day. No vote was required. - 3 - March 7, 2023
• Closed Session Report
City Manager, Jennifer Maguire announced and congratulated Rick Bruneau’s promotion as the next Finance Director for the City of San José, starting April 2, 2023.

Jennifer Maguire also thanked Julia Cooper for more than 35 years of dedicated service to the City. She spoke to her leadership and dedication to the department and the community. She stated Julia Cooper is one of the primary reasons San José has been consistently named one of the best financially managed large cities in the nation whose bonds are regularly rated at the highest levels, and instrumental to receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for 34 consecutive years in 2022.

1. CEREMONIAL ITEMS

1.1 Vice Mayor Rosemary Kamei, Councilmember Dev Davis, and Councilmember Pam Foley presented the proclamation recognizing Women's History Month to commemorate and empower women in San José and around the world. The proclamation was presented to Santa Clara County Supervisor, Cindy Chavez.

1.2 Councilmember Peter Ortiz presented the proclamation declaring March 12, 2023 as Mexica New Year to celebrate the contributions of indigenous peoples from across the Americas in San José.

The proclamation was presented to members of the Calpulli Tonalehqueh Aztec Dance Group.

1.3 Mayor Matt Mahan presented the proclamation recognizing March 11, 2023 as National 311 Day to increase awareness of the non-emergency number to report issues, find out about city services, and ask questions, and honor the ‘first’ first responders who field these calls and assist people. The proclamation was presented to the Information Technology (I.T) Department and 311 staff and first responders for their continuous efforts.

2. CONSENT CALENDAR
Action: Upon motion by Councilmember David Cohen, seconded by Councilmember Pam Foley and carried unanimously, the below listed actions were taken as indicated. (11-0.)

2.1 23-
337 Approval of City Council Minutes.
(a) City Council Meeting Minutes of March 1, 2022.
(b) City Council Meeting Minutes of November 29, 2022.
(c) City Council Meeting Minutes of December 6, 2022.
(d) City Council Meeting Minutes of January 31, 2023.
(e) City Council Special Meeting Minutes of January 26, 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.

A ction: The City Council Minutes were approved. (11-0.)

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2.2 Final Adoption of Ordinances.

None provided.

2.3 23-338 Approval of Council Committee Minutes. (a) Regular Public Safety, Finance and Strategic Support Committee Minutes of February 16, 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.

Action: The Council Committee Minutes were approved. (11-0.)

2.4 23-346 Mayor and Council Excused Absence Requests.

Request for excused absences for Councilmember Davis from the Regular Meetings of Transportation and Environment Committee on February 6, 2023 and Neighborhood Services and Education Committee on February 9, 2023 due to illness.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Davis) [Rules Committee referral 3/1/2023 - Item A.1.a]

Action: The Mayor and Council excused absence requests were approved. (11-0.)

2.5 City Council Travel Reports.

None provided.

2.6 Report from the Council Liaison to the Retirement Boards.

None provided.

2.7 23-314 Settlement of Anthony Sung Cho v. City of San José, et al.

Approve the settlement of a lawsuit brought by Plaintiff Anthony Sung Cho in the total amount of $200,000 and authorize the City Attorney to execute a settlement agreement.

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

Action: The settlement of a lawsuit brought by Plaintiff Anthony Sung Cho was approved. (11-0.)

2.8 23-315 Acceptance of the 2022 California Governor’s Office of Emergency Services Internet Crimes Against Children Task Force Grant.
(a) Adopt a resolution accepting the 2022 California Governor’s Office of Emergency Services Internet Crimes Against Children Task Force Grant in the amount of $950,000; and authorizing the City Manager to execute the Grant Agreement and execute additional amendments and (Item Continued on the Next Page)

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2.8 (Cont’d.)
all related documents, including online certifications at time of award acceptance and reimbursement requests, without further City Council action.
(b) Adopt the following 2022-2023 Appropriation Ordinance and Funding Sources Resolution Amendments in the General Fund:
(1) Establish the 2022-2023 Internet Crimes Against Children State Grant City-Wide Expenses appropriation to the Police Department in the amount of $836,148; and
(2) Increase the estimate for revenue from State of California by $836,148.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 potentially significant physical impact on the environment. (Police/City Manager)

Action: (a) Resolution No. RES2023-54, (b) Appropriation Ordinance No. 30890, and (b) Funding Sources Resolution No. RES2023-55 were adopted. (11-0.)

2.9 23-303 Boards and Commissions Appointment.
(a) Council Appointment Advisory Commission (CAAC):
(1) District 2 Seat: Appoint Christopher Lee for a term ending December 31, 2026.
(b) Airport Commission:
(1) District 2 Seat: Appoint Hai Bui for a term ending June 30, 2023.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 3/1/2023 - Item A.1.a]

Action: The Boards and Commissions Appointments were approved. (11-0.)

2.10 23-379 Deferred Compensation Advisory Committee Appointment.

As recommended by the Rules and Open Government Committee on March 1, 2023:
(a) Approve the following appointment to the Deferred Compensation Advisory Committee (DCAC) to fill a vacant seat for the remainder of the term, beginning March 20, 2023, and ending on March 1, 2025:
(1) Laurence (Larry) Brown as the active employee member nominated by the “trades organizations” consisting of the Association of Building, Mechanical & Electrical Inspectors (ABMEI), International Union of Operating Engineers, Local 3 (OE#3) and International Brotherhood of Electrical Workers (IBEW). CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Human Resources) [Rules Committee referral 3/1/2023 - Item B.3]

Action: The appointment to the Deferred Compensation Advisory Committee (DCAC) was approved. (11-0.)

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2.11 23-382 Request for Travel and Excused Absence.

As recommended by the Rules and Open Government Committee on March 1, 2023:
(a) Authorize travel, accept travel payments to the City of San José, and designate Councilmember Davis as the City representative to attend the Reimagining the Civic Commons event in Macon, Georgia from April 10-13, 2023. (Source of Fund: The Guadalupe River Park
Conservancy, a 501c3 nonprofit [airfare, lodging, meals, ground transportation]).
(b) Request for excuse absences from the Regular meetings of City Council on April 11, 2023, the Rules and Open Government Committee on April 12, 2023, and the Neighborhood Services and Education Committee on April 13, 2023. CEQA:

Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Davis) [Rules Committee referral 3/1/2023 - Item B.5]

Action: The request for travel and excused absences were approved. (11-0.)

2.12 23-376 Retroactive Approval of Park Row Condos Neighborhood Meet and Greet Sponsored by Council District 4 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 March 1, 2023:
(a) Retroactively approve the Park Row Condos Neighborhood Meet and Greet event scheduled on February 16, 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. (Cohen) [Rules Committee referral 3/1/2023 - Item B.1]

Action: The City Council Sponsored Special Event was retroactively approved. (11-0.)

2.13 23-372 Approval of Lighting for Women’s History Month Sponsored by Council Districts 6, 9, and 1 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (a) Approve the Tower and Rotunda lighting for Women’s History Month scheduled on March 7-10, 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, Foley & Kamei) [Rules Committee referral 3/1/2023 - Item A.1.a]

Action: The City Council Sponsored Special Event was approved. (11-0.)

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3. STRATEGIC SUPPORT
3 .1 Report of the City Manager, Jennifer Maguire (Verbal Report) N
one provided.

3.2 L
abor Negotiations Update.

N
one provided.

3.3 23-156 Actions Related to Mayor and Councilmembers’ Travel to Phoenix, Arizona for the San José Chamber of Commerce Annual Study Mission.

Approve travel to Phoenix, Arizona, and request for an excused absence for the following Councilmembers from the following meetings due to Authorized City Business: San José Chamber of Commerce Annual Study Mission:
(a) Mayor Mahan (Source of Funds: Mayor/Council Travel Budget; Travel Dates: April 18-21, 2023; Meeting: April 18, 2023 San José City Council Meeting).
(b) Councilmember Jimenez (Source of Funds: District 2 Council Office Budget; Travel Dates: April 18-21, 2023; Meetings: April 18, 2023 San José City Council Meeting, April 19, 2023 Rules and Open Government Committee and April 20, 2023 Public Safety, Finance, and Strategic Support Committee). (c) Councilmember Torres (Source of Funds: District 3 Council Office Budget; Travel Dates: April 18-21, 2023; Meetings: April 18, 2023 San José City Council Meeting and April 20, 2023 Public Safety, Finance, and Strategic Support Committee).
(d) Councilmember Cohen (Source of Funds: District 4 Council Office Budget; Travel Dates: April 18-21, 2023; Meeting: April 19, 2023 Rules and Open Government Committee).
(e) Councilmember Ortiz (Source of Funds: District 5 Council Office Budget; Travel Dates: April 18-21, 2023; Meeting: April 18, 2023 San José City Council Meeting).
(f) Councilmember Doan (Source of Funds: District 7 Council Office Budget; Travel Dates: Travel Dates: April 18-21, 2023; Meetings:

April 18, 2023 San José City Council Meeting, and April 20, 2023 Public Safety, Finance, and Strategic Support Committee).Committee and April 20, 2023 Public Safety, Finance, and Strategic Support Committee).

CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (City Clerk)
C
ouncilmember Sergio Jimenez requested to amend the approval of the item to exclude his attendance at the San José Chamber of Commerce Annual Study Mission.
(Ite
m Continued on the Next Page)

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3.3 (Cont’d.)

Action: Upon motion by Councilmember Sergio Jimenez, seconded by Councilmember David Cohen and carried unanimously, the travel to Phoenix, Arizona, and request for an excused absence for Councilmembers due to Authorized City Business: San José Chamber of Commerce Annual Study Mission was approved, including the amendment to exclude Councilmember Sergio Jimenez’s attendance at the San José Chamber of Commerce Annual Study Mission; section (b) of the item. (10-0-1. Absent: Davis.)

3.4 23-316 City Initiatives Roadmap: Customer Service Vision and Standards Initiative Report.

Accept the report on the Customer Service Vision and Standards Initiative and approve the Customer Service Vision, Standards, recommendations, and performance management framework described in the staff memorandum, as part of the approved City Initiatives Roadmap for 2022-2023. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Manager)

Chief of Staff to the City Manager, Dolan Beckel; Assistant to the City Manager, Erik Chiarella Jensen; Program Manager, SJ311 Customer Contact Center, Kia O’Hara; Partner, Guidehouse, Collin Lopes; Managing Consultant, Guidehouse, Kristen Jensen; and Senior Consultant, Guidehouse, Elani Owen offered the presentation and responded to questions.

Public Comment: Jill Borders offered public testimony regarding the item.

Motion: Councilmember David Cohen accepted the report and approved the Customer Service Vision, Standards, recommendations, and performance management framework described in the staff memorandum.

Councilmember Pam Foley seconded the motion.

Friendly Amendment: Councilmember Arjun Batra requested to consolidate 5.2 into a single Customer Relationship Management (CRM) Platform or to have multiple platforms work together to give the appearance of a single platform, along with investigation of two additional capabilities: (1) The ability to enhance the anonymous reporting capability. (2) Make transfers between city and county smoother and simpler. The friendly amendment was accepted by the maker of the motion and seconder.

To clarify, Chief of Staff to the City Manager, Dolan Beckel offered support to the amendment regarding recommendation 5.2 to consolidate into a single Customer Relationship Management (CRM) solution, where a solution can be virtual or physical, and supporting a change from the word procure to consolidate as referenced on page 6 of the staff memorandum. He added that the report was not specific regarding detailed implementation, it should be noted that an investigation of the two capabilities would be something to be addressed in the future.

Councilmember Arjun Batra reframed his friendly amendment, clarifying that the two actions he’d noted were for investigation.

(Item Continued on the Next Page)

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3.4 (Cont’d.)

Action: On a call for the question, the motion passed unanimously to accept the report on the Customer Service Vision and Standards Initiative and approve the Customer Service Vision, Standards, recommendations, and performance management framework described in the staff memorandum, as part of the approved City Initiatives Roadmap for 2022-2023; including consolidation into a single Customer Relationship Management (CRM) solution, where a solution can be virtual or physical, and changing the word procure to consolidate as referenced on page 6 of the staff memorandum: “Recommendation 5.2: Procure Consolidate a Customer Relationship Management solution to centralize customer data collection, tracking, and sharing (long term)” and to allow further investigation to (1) The ability to enhance the anonymous reporting capability. (2) Make transfers between city and county smoother and simpler. (11-0.)

3.5 23-317 Actions Related to the 8087- TRAIL: Coyote Creek (Mabury Road to Empire Street) - ATP Grant Project.

Adopt a resolution authorizing the Director of Public Works to:
(a) Award and execute a contract for the construction of the 8087 - TRAIL: Coyote Creek (Mabury Road to Empire Street) - ATP Grant Project Re-Bid to the lowest responsive, responsible bidder in an amount not to exceed $8,500,000;
(b) Decide any timely bid protest(s) and make the City’s final determination as to the lowest responsive bidder that is responsible as needed to award the contract; and (c) Establish a contingency in the amount of 10 percent of the contract amount. CEQA: Addendum to the Coyote Creek Trail Master Plan Mitigated Negative Declaration (Resolution No. 75982), File No. ER20-145. Council Districts 3 and 4. (Public Works/Parks, Recreation, and Neighborhood Services)

Action: Upon motion by Councilmember Omar Torres, seconded by Councilmember Dev Davis and carried unanimously, Resolution No. RES2023-56 was adopted. (11-0.)

3.6 23-318 Annual Report on Measure T Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond Program Proceeds and Allocations.

Accept the Measure T Community Oversight Committee’s Annual Report on the Measure T- The Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond Program proceeds and allocations for Fiscal Year 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. (Public Works)

Interim Assistant Director, Department of Public Works; Katherine Brown; Community Oversight Committee (COC), Chair, Nick Cochran; and Community Oversight Committee (COC), Vice Chair, Gary Cunningham offered the presentation and responded to questions.

Public Comment: Blair Beekman offered public testimony regarding the item.

Action: Upon motion by Councilmember David Cohen, seconded by Councilmember Omar Torres and carried unanimously, the Measure T Community Oversight Committee’s Annual Report on the Measure T- The Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond Program proceeds and allocations for Fiscal Year 2021-2022 was accepted. (11-0.)
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3.7 23-321 Actions Related to Mayor and Councilmembers' Travel to Detroit, Michigan for the SPUR's Study Trip.

Approve travel to Detroit, Michigan and request for an excused absence for the following Councilmembers from the following meetings due to Authorized City Business: SPUR's Study Trip:
(a) Councilmember Torres (Source of Funds: District 3 Council Office Budget; Travel Dates: May 1-4, 2023; Meetings: May 2, 2023 San José City Council Meeting). CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 3/1/2023 - Item A.1.a] A ction: Upon motion by Councilmember David Cohen, seconded by Councilmember P eter Ortiz and carried unanimously, Actions Related to Mayor and Councilmembers' Travel to Detroit, Michigan for the SPUR's Study Trip was approved. (11-0.)

4. PUBLIC SAFETY SERVICES

5. TRANSPORTATION & AVIATION SERVICES

6. ENVIRONMENTAL & UTILITY SERVICES

7. NEIGHBORHOOD SERVICES

7.1 23-319 Long-Term Lease of Municipal Golf Courses.
(a) Accept the report on the Golf Course Management, Operations and Maintenance Services Request for Proposal process and results. (b) Adopt a resolution authorizing the City Manager, or designee, to negotiate and execute a lease agreement, and all other necessary and/or ancillary documents, with CourseCo, Inc. for the three City-owned golf courses (Los Lagos, Rancho del Pueblo, and San José Municipal) that substantively conforms to the key terms negotiated by staff, which include ensuring and expanding community use, as described in the staff memorandum to Council. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no significant physical changes to the environment. Council Districts 3, 5, and 7. (Parks, Recreation and Neighborhood Services)
DEF
ERRED TO 3/14/2023 PER ADMINISTRATION.

8. COMMUNITY & ECONOMIC DEVELOPMENT

9. REDEVELOPMENT – SUCCESSOR AGENCY
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10. LAND USE

10.1 L
and Use on Consent Calendar
No Land Use items on Consent Calendar.

END OF CONSENT CALENDAR
10 L
and Use - Regular Agenda

10.2 23-320 Burbank No. 44 - Annexation of Property Located at 1883-1887, 1891-1995, 1897-1899 West San Carlos Street and 13 Boston Avenue.

Adopt a resolution ordering the annexation 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 located on the northeast corner of West San Carlos Street and Brooklyn Avenue (APNs: 274-16-050, 052, 053, 069 & 070), and the detachment of the same from the appropriate special districts including County Lighting District, Central Fire Protection District, and Santa Clara County Library District.

CEQA: 1881 West San Carlos Project Environmental Impact Report (Burbank 44/C20-011/ CP20- 020/T20-016). Council District 6. (Planning, Building and Code Enforcement)
RENO
TICED TO 3/28/2023.
• Open Forum
Zoom Speakers:

1. Blair Beekman spoke to open public policies and urged that staff make an effort to answer questions regarding the agenda items without the use of blanket statements. • A
djournment
The Council of the City of San José adjourned at 4:33 p.m.

Minutes Recorded, Prepared, and Respectfully Submitted by,

___________________________
Toni J. Taber, CMC City Clerk
yj
/3-7-23/MIN

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CLOSED SESSION MINUTES
S
AN JOSE, CALIFORNIA TUESDAY, MARCH 7, 2023
T
he Council of the City of San José convened into Closed Session at 9:40 a.m.

The meeting was held in Council Chambers Conference Room, W133.

P
resent: Councilmembers - Batra, Candelas, Cohen, Doan, Davis, Foley, Jimenez, Ortiz, Torres, Kamei, Mahan.

A
bsent: Councilmembers - All present.

CLO
SED SESSION ITEM(S) DISCUSSED:

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):

1. Case Name: San Jose Spotlight, et al., v. City of San Jose, et al., Name(s) of Parties(s) SAN JOSÉ SPOTLIGHT, FIRST AMENDMENT COALITION, CITY OF SAN JOSÉ, MAYOR SAMUEL
THEODORE LICCARDO, individually and as an official
for the City of San José
Court: Santa Clara County Superior
Case No: 22CV394443
Amount of Money or
Other Relief Sought:

Declaratory And Injunctive Relief

2. Case Name: Sutter’s Place, Inc. dba Bay 101 v. City of San Jose Name(s) of Parties(s) SUTTER’S PLACE, INC. dba BAY 101, City of San Jose, et al.,
Court: Sixth Appellate District Court
Case No: H046146
Amount of Money or
Other Relief Sought:

Damages according to proof.

B. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:

City Negotiator: Jennifer Schembri, Director of Employee Relations E
mployee Organizations:

1. Organization or Name
and Title of
Unrepresented
Employees:

Association of Building, Mechanical and Electrical
Inspectors (ABMEI)
Nature of negotiations: wages/salaries, hours, working conditions, etc. - 13 - March 7, 2023
Name of Existing
Contract or MOA:

Memorandum of Agreement – City of San José and
Association of Building, Mechanical and Electrical
Inspectors (ABMEI)
How to Obtain a copy
of Existing Contract or
MOA: