City Council Meeting
Amended Agenda
Tuesday, March 21, 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
The City of San José is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public.
Welcome to the San José City Council meeting!
This Agenda contains both a Consent Calendar section for routine business items that require Council approval, and general business items arranged to correspond with San José’s City Service Areas (CSAs).
City Service Areas represent the policy-making level for strategic planning, policy setting, and investment decisions in the critical functions the City provides to the community. They are:
• Strategic Support - The internal functions that enable the CSAs to provide direct services to the community in an effective and efficient manner. • Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services. • Transportation & Aviation Services - A safe and efficient transportation system that contributes to the livability and economic health of the City; and provide for the air transportation needs of the community and the region at levels that is acceptable to the community. • Environmental and Utility Services - Manage environmental services and utility systems to ensure a sustainable environment for the community.
• Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life.
• Community & Economic Development - Manage the growth and change of the community in order to create and preserve healthy neighborhoods and ensure a diverse range of employment and housing opportunities.
You may speak to the City Council about any discussion item that is on the agenda, and you may also speak during Open Forum on items that are not on the agenda and are within the subject matter jurisdiction of the City Council or Successor Agency to the Redevelopment Agency Board. If you wish to speak to the City Council, please refer to the following guidelines:
o Fill out a Yellow Speaker’s Card and submit it to the City Clerk seated at the front table. Do this before the meeting or before the item is heard. This will ensure that the name on the card is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants by calling speakers in an orderly manner. o When the Council reaches your item on the agenda, the Mayor will open the public hearing and call your name. Please address the Council from the podium, which is located to the left of the City Clerk’s table.
o Each speaker generally has two minutes to speak per item. The total amount of time allocated for public testimony for each public speakers or for an agenda item may be limited at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. (California Government Code Section 54954.3; Council Policy 0-37)
o To assist you in tracking your speaking time, there is a display on the podium. The green light turns on when you begin speaking; the yellow light turns on when you have 30 seconds left; and the red light turns on when your speaking time is up.
Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during Open Forum. According to State Law (the Brown Act) items must first be noticed on the agenda before any discussion or action.
The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed, unless otherwise noted. The City Council, or less than a quorum, may adjourn any regular, special or adjourned meeting to a later date, time and place specified in the order of adjournment. If all members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to seeing you at future meetings.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://www.sanjose.legistar.com/Calendar.aspx. Council Meetings are televised live and rebroadcast on Channel 26.
All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. Please go to the Clerk’s Records Database https://records.sanjoseca.gov/Pages/Search.aspx for the final document, or you many also contact the Office of the City Clerk at (408) 535-1260 or [email protected].
American Disability Act: To request an alternative format agenda under the Americans with Disabilities Act for City-sponsored meetings, events or printer materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting.
Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at [email protected] or by calling (408) 535-8430. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests.
On occasion the City Council may consider agenda items out of order.
March 21, 2023City Council Amended Agenda
How to observe the Meeting (no public comment):
1) Cable Channel 26,
2) https://www.sanjoseca.gov/your-government/appointees/city-clerk/council-agendas-minutes/ participate-watch-public-meetings, or
3) https://www.youtube.com/CityofSanJoseCalifornia
How to submit written Public Comment before the City Council Meeting:
1) Use the eComment tab located on the City Council Agenda page. eComments are also directly sent to the ilegislate application used by City Council and staff. 2) By email to [email protected] by 10:00 a.m. the day of the meeting. Those emails will be attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in the subject line of your email.
How to submit written Public Comment during the City Council Meeting:
1) Email during the meeting to [email protected], identifying the Agenda Item Number in the email subject line. Comments received will be included as a part of the meeting record but will not be read aloud during the meeting.
How to provide spoken Public Comment during the City Council Meeting:
1) By Phone: (888) 475 4499. Webinar ID is 889 5708 4529. Click *9 to raise a hand to speak. Click *6 to unmute when called.
Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free)
2) Online at: https://sanjoseca.zoom.us/j/88957084529
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.
Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). Interpretation is available in Spanish. In your webinar controls, select “Interpretation.” Click the language you would like to hear. • Call to Order and Roll Call
March 21, 2023City Council Amended Agenda
9:30 a.m.- Closed Session, Call to Order in Council Chambers Open Session, Labor Negotiations Update (See Item 3.2)
Adjourn to Closed Session in Council Chambers Conference Room, W133 See Separate Agenda
23-414 Closed Session Agenda
Closed Session AgendaAttachments
1:30 p.m.- Regular Session, Council Chambers, City Hall • Pledge of Allegiance
• Invocation (District 3)
WooWoo Monroe - a local drag queen.
• Orders of the Day
To be heard after Ceremonial Items
Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.
• Adjournment
This meeting will be adjourned in memory of Bishop Oscar Dace who passed away on January 8, 2023.
Bishop Dace was Pastor of Bibleway Christian Center alongside his wife Janice, and was a source of inspiration and love for his followers. He also established several ministries to meet the needs of the underserved, foster healthy family relationships, and address challenges facing the youth. He was very civically engaged and worked closely with the City, County, and other organizations as an advocate for safe and positive communities.
• Closed Session Report
To be heard after Ceremonial Items
1. CEREMONIAL ITEMS
1.1 Presentation of a commendation to the Bascom Branch Library celebrating 10 years of service for our community. (Davis)
March 21, 2023City Council Amended Agenda
1.2 Presentation of a proclamation declaring April 1, 2023 as Assyrian New Year to celebrate the beginning of spring and recognize the contributions of the Assyrian-American community in San José. (Batra)
1.3 Presentation of a commendation recognizing On Lok for their great work to lead and to serve senior residents, especially women in San José. (Ortiz)
2. CONSENT CALENDAR
Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately.
2.1 Approval of City Council Minutes.
23-424 Approval of City Council Minutes.
Recommendation: (a) City Council Meeting Minutes of March 15, 2022. (b) City Council Meeting Minutes of March 29, 2022.
(c) City Council Meeting Minutes of January 10, 2023.
(d) City Council Meeting Minutes of February 28, 2023.
(e) City Council Meeting Minutes of March 7, 2023.
(f) City Council Special Meeting Minutes of September 16, 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) 3/15/2022 CC Minutes
(b) 3/29/2022 CC Minutes
(c) 1/10/2023 CC Minutes
(d) 2/28/2023 CC Minutes
(e) 3/7/2023 CC Minutes
(f) 9/16/2022 CC Special Minutes
Attachments
2.2 Final Adoption of Ordinances.
2.3 Approval of Council Committee Minutes.
2.4 Mayor and Council Excused Absence Requests.
2.5 City Council Travel Reports.
March 21, 2023City Council Amended Agenda
2.6 Report from the Council Liaison to the Retirement Boards.
2.7 23-401 Actions Related to Purchase Orders with Netsync Network Solutions, Inc. for a Domain Name System, Dynamic Host Configuration Protocol, and Internet Protocol Address Management for the Airport.
Recommendation: Adopt a resolution authorizing the City Manager to:
(a) Negotiate and execute a purchase order with Netsync Network Solutions, Inc. (Houston, TX) for a Domain Name System, Dynamic Host Configuration Protocol, and Internet Protocol Address Management solution for the San José Mineta International Airport for a maximum compensation of $175,000 for the initial one-year term beginning on or about March 22, 2023 and ending March 21, 2024, or as may be adjusted to align with the software renewal term; (b) Amend purchase orders with Netsync Network Solutions, Inc. as required for any unanticipated changes, subject to the appropriation of funds; and
(c) Exercise up to six additional one-year options to extend the term of the purchase order through March 21, 2030, or as may be adjusted to align with the software renewal term, subject to the appropriation of funds.
CEQA: Not a Project, File No. PP17- 003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
Council District 6. (Finance)
MemorandumAttachments
March 21, 2023City Council Amended Agenda
2.8 23-402 Actions Related to the Purchase Order with SYNLawn of Central California, Inc. for Synthetic Dog Turf Installation and Replacement Services.
Recommendation: Adopt a resolution authorizing the City Manager to:
(a) Execute a purchase order with SYNLawn of Central California, Inc. (Clovis, CA) for synthetic dog turf installation and replacement services for an initial one-year term, beginning on or about March 29, 2023, and ending on or about March 28, 2024, for a not-to-exceed amount of $1,000,000; and
(b) Exercise up to four one-year options to extend the term of the purchase order with the last option year ending on or about March 28, 2028, 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)
MemorandumAttachments
2.9 23-403 Guadalupe River Trail Master Plan Update.
Recommendation: (a) Adopt a resolution adopting the Addendum to the Guadalupe River Trail Master Plan Mitigated Negative Declaration previously adopted by City Council Resolution No. 78236 on June 20, 2017, in accordance with CEQA.
(b) Approve the first amended Guadalupe River Trail Master Plan (File No. PP17-027) to include the Santa Clara Valley Water District current design guidance for trail development.
CEQA: Addendum to the Guadalupe River Trail Master Plan (Resolution No. 78236), File No. ER22-209. Council Districts 3, 6, 9. (Parks, Recreation and Neighborhood Services)
Memorandum
Resolution
Attachments
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
3.2 Labor Negotiations Update.
Accept Labor Negotiations Update.
TO BE HEARD AT 9:30 A.M.
March 21, 2023City Council Amended Agenda
3.3 23-404 Study Session Presentation: Elected Officials' Role and Responsibilities in Municipal Bond Disclosure. - TO BE HEARD IMMEDIATELY AFTER
CONSENT
Recommendation: Accept the presentation on Elected Officials’ Roles and Responsibilities in Municipal Bond Disclosure.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Finance)
TO BE HEARD IMMEDIATELY AFTER CONSENT
MemorandumAttachments
* RECESS THE MEETING OF THE CITY COUNCIL AND CONVENE THE JOINT CITY OF
SAN JOSE CITY COUNCIL/ SAN JOSE FINANCING AUTHORITY/ SUCCESSOR AGENCY
TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE
3.4 23-407 Policy for the Issuance of Multifamily Housing Revenue Bonds.
Recommendation: (a) Accept the report recommending amendments to the Council Policy 1-16, Policy for the Issuance of Multifamily Housing Revenue Bonds.
(b) Adopt a resolution amending Council Policy 1-16, Policy for the Issuance of Multifamily Housing Revenue Bonds.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Finance/Housing)
Memorandum
Supplemental Memorandum, 3/20/2023
Resolution
Presentation - est. 5 minutes
Attachments
March 21, 2023City Council Amended Agenda
3.5 23-405 Approval of the Fiscal Year 2023-2024 Mayor's March Budget Message.
Recommendation: (a) Conduct a Public Hearing on the FY 2023-2024 Mayor’s March Budget Message.
(b) Approve the FY 2023-2024 Mayor’s March Budget Message.
CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (Mayor)
FY 23-24 March Budget Message
Memorandum from Cohen, 3/16/2023
Memorandum from Davis, Torres, Ortiz, Doan & Batra, 3/17/2023 Memorandum from Candelas, 3/20/2023
Memorandum from Batra, 3/20/2023
Memorandum from Torres, 3/20/2023
Memorandum from Doan, 3/21/2023
Memorandum from Ortiz, 3/21/2023
Letters from the Public - 1 of 6
Letters from the Public - 2 of 6
Letters from the Public - 3 of 6
Letters from the Public - 4 of 6
Letters from the Public - 5 of 6
Letters from the Public - 6 of 6
Letters from the Public - Post Meeting
Attachments
3.6 23-408 COVID-19 After Action Report.
Recommendation: Accept the 2023 COVID-19 After Action Report and Improvement Plan.
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) Memorandum
Attachment A
Attachment B
Presentation - est. 10 minutes
Attachments
4. PUBLIC SAFETY SERVICES
March 21, 2023City Council Amended Agenda
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
8.1 23-409 Master Pre-lease with PMI Partners LLC for the Pacific Motor Inn Located at 455 South Second Street.
Recommendation: Adopt a resolution authorizing the Director of Housing to execute a master pre-lease, with an option to purchase, apartments built by PMI Partners LLC (a joint venture of PATH Ventures, a California nonprofit public benefit corporation, and Westbank, a private developer) located at 455 South Second Street in the circumstance that an affordable housing development is unable to secure financing.
CEQA: Exempt from CEQA Review, File No. ER21-159, Public Health and Safety Code Section 50675.1.4. Council District 3. (Housing) Memorandum
Memorandum from Mahan & Torres, 3/17/2023
Agreement
Attachments
8.2 23-411 Calendar Year 2022 San José Housing Element Annual Progress Report and Fiscal Year 2021-2022 Housing Successor to the Redevelopment Agency Annual Report.
Recommendation: (a) Accept the Calendar Year 2022 San José Housing Element Annual Progress Report, the final annual report on the implementation of San José’s Fifth Cycle 2014-2023 Housing Element.
(b) Accept the Fiscal Year 2021-2022 Housing Successor to the Redevelopment Agency Annual 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. (Planning, Building and Code Enforcement/Housing) Memorandum
Presentation - est. 10 minutes
Attachments
9. REDEVELOPMENT – SUCCESSOR AGENCY
March 21, 2023City Council Amended Agenda
10. LAND USE
Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item
10.1) as they are considered to be routine by the City Council and will be adopted by one motion.
If a member of the City Council requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately.
10.1 Land Use on Consent Calendar
No Land Use items on Consent Calendar.
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
• Open Forum
Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. • Adjournment
This meeting will be adjourned in memory of Bishop Oscar Dace who passed away on January 8, 2023.
Bishop Dace was Pastor of Bibleway Christian Center alongside his wife Janice, and was a source of inspiration and love for his followers. He also established several ministries to meet the needs of the underserved, foster healthy family relationships, and address challenges facing the youth. He was very civically engaged and worked closely with the City, County, and other organizations as an advocate for safe and positive communities.
March 21, 2023City Council Amended Agenda
JOINT CITY OF SAN JOSE CITY COUNCIL/ SAN JOSE FINANCING AUTHORITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE AGENDA
1:30 P.M. March 21, 2023 Hybrid Meeting • Call to Order and Roll Call
1. 23-406 Proposed Revisions to the Debt Management Policy. - TO BE HEARD AFTER ITEM 3.3
Recommendation: (a) Accept the report and approve the proposed revisions to Council Policy 1-15, the “City of San José’s Debt Management Policy”. (b) Adopt the amended policy by resolutions of the City Council, City of San José Financing Authority Board, and Successor Agency Board.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Finance)
TO BE HEARD AFTER ITEM 3.3
Memorandum
Resolution - CITY
Resolution - SJFA
Resolution - SARA
Presentation - est. 5 minutes
Attachments
• Open Forum
* ADJOURN THE MEETING OF THE JOINT CITY OF SAN JOSE CITY COUNCIL/ SAN
JOSE FINANCING AUTHORITY/ SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN JOSE AND RECONVENE THE MEETING OF THE CITY
COUNCIL
March 21, 2023City Council Amended Agenda
CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN
THE COUNCIL CHAMBERS AND COMMITTEE ROOMS
The Code of Conduct is intended to promote open meetings that welcome debate of public policy issues being discussed by the City Council, their Committees, and City Boards and Commissions in an atmosphere of fairness, courtesy, and respect for differing points of view.
1. Public Meeting Decorum:
a) Persons in the audience will refrain from behavior which will disrupt the public meeting.
This will include making loud noises, clapping, shouting, booing, hissing or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting.
b) Persons in the audience will refrain from creating, provoking or participating in any type of disturbance involving unwelcome physical contact.
c) Persons in the audience will refrain from using cellular phones and/or pagers while the meeting is in session.
d) Appropriate attire, including shoes and shirts are required in the Council Chambers and Committee Rooms at all times.
e) Persons in the audience will not place their feet on the seats in front of them. f) No food, drink (other than bottled water with a cap), or chewing gum will be allowed in the Council Chambers and Committee Rooms, except as otherwise pre-approved by City staff. g) All persons entering the Council Chambers and Committee Rooms, including their bags, purses, briefcases and similar belongings, may be subject to search for weapons and other dangerous materials.
2. Signs, Objects or Symbolic Material:
a) Objects and symbolic materials, such as signs or banners, will be allowed in the Council Chambers and Committee Rooms, with the following restrictions: § No objects will be larger than 2 feet by 3 feet.
-No sticks, posts, poles or other such items will be attached to the signs or other symbolic materials.
-The items cannot create a building maintenance problem or a fire or safety hazard. b) Persons with objects and symbolic materials such as signs must remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. c) Objects that are deemed a threat to persons at the meeting or the facility infrastructure are not allowed. City staff is authorized to remove items and/or individuals from the Council Chambers and Committee Rooms if a threat exists or is perceived to exist. Prohibited items include, but are not limited to: firearms (including replicas and antiques), toy guns, explosive material, and ammunition; knives and other edged weapons; illegal drugs and drug paraphernalia; laser pointers, scissors, razors, scalpels, box cutting knives, and other cutting tools; letter openers, corkscrews, can openers with points, knitting needles, and hooks; hairspray, pepper spray, and aerosol containers; tools; glass containers; and large backpacks and suitcases that contain items unrelated to the meeting.
March 21, 2023City Council Amended Agenda
CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL CHAMBERS AND COMMITTEE ROOMS (CONT’D.)
3. Addressing the Council, Committee, Board or Commission:
a) Persons wishing to speak on an agenda item or during open forum are requested to complete a speaker card and submit the card to the City Clerk or other administrative staff at the meeting.
b) Meeting attendees are usually given two (2) minutes to speak on any discussion item and/or during open forum; the total amount of time allocated for public testimony for each public speaker or for an agenda item is in the discretion of the Chair of the meeting and may be limited when appropriate. (California Government Code Section 54954.3; Council Policy 0-37) Applicants and appellants in land use matters are usually given more time to speak. Speakers using a translator will be given twice the time allotted to ensure non-English speakers receive the same opportunity to directly address the Council, Committee, Board or Commission.
c) Speakers should discuss only the agenda item when called to speak for that item, and only topics related to City business when called to speak during open forum on the agenda. d) Speakers’ comments should be addressed to the full body. Requests to engage the Mayor, Council Members, Board Members, Commissioners or Staff in conversation will not be honored. Abusive language is inappropriate.
e) Speakers will not bring to the podium any items other than a prepared written statement, writing materials, or objects that have been inspected by security staff. f) If an individual wishes to submit written information, he or she may give it to the City Clerk or other administrative staff at the meeting.
g) Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.
Failure to comply with this Code of Conduct which will disturb, disrupt or impede the orderly conduct of the meeting may result in removal from the meeting and/or possible arrest.