1 City Council Meeting
Minutes
Tuesday, October 31, 2023
1:30 PM
Hybrid Meeting - Council Chambers and Virtually -
https://sanjoseca.zoom.us/j/88471470054
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 • Call to Order and Roll Call
9:33 a.m.- Closed Session. See pages 11-13 for Closed Session Minutes.
Present Councilmembers: Mahan, Cohen, Ortiz, Davis, Doan, Candelas, Foley (Council Chambers Conference Room, W133)
Absent Councilmembers: Kamei, Jimenez, Torres, Batra.
1:35 p.m.- Regular Session.
Present Councilmembers: Mahan, Kamei, Jimenez, Torres, Cohen, Ortiz, Davis, Doan, Candelas, Foley, Batra. (City Hall, Council Chambers.)
Absent Councilmembers: All Present
6:00 p.m.- Evening Session: Cancelled
• Pledge of Allegiance
Mayor Matt Mahan led the Pledge of Allegiance.
• Invocation (District 9)
Councilmember Pam Foley introduced the 2023 District 9 Star Recipients: Dave Noel, Natasha Krumskya, and Tadeus Villa.
• Orders of the Day
Item 2.10 was dropped per the Administration.
Public Comment: (Zoom) Blair Beekman provided public comment regarding the Orders of the Day.
Action: Upon motion by Councilmember Pam Foley, seconded by Councilmember Bien Doan, and carried unanimously, the Orders of the Day were approved, with Item 2.10 dropped per the Administration. (11-0-0)
• Closed Session Report
None provided.
1. CEREMONIAL ITEMS
1.1 Councilmember Arjun Batra presented the proclamation declaring October 2023 as Domestic Violence Awareness Month in the City of San José to raise awareness of the impact of domestic violence, empower survivors, and foster a collective commitment to preventing and addressing domestic violence in all its forms. The proclamation was presented to the dedicated staff at Next Door Solutions To Domestic Violence.
3 1.2 Councilmember Pam Foley presented the commendation to Diana Miller celebrating her years of leadership, engagement, and deep commitment to our Older Adult Community.
1.3 Councilmember Arjun Batra and Councilmember Domingo Candelas presented the proclamation declaring October 2023 as Hindu American Heritage Month to celebrate and recognize the contributions of the Hindu American community to the cultural, social, and economic fabric of the City of San José. The proclamation was presented to Dr. Chopra, Deepak Bajas, and Vanillin Piac.
2. CONSENT CALENDAR
Councilmember Peter Ortiz pulled Item 2.9 for comment.
Councilmember Arjun Batra pulled Item 2.12 for comment.
Public Comment: (Zoom) Blair Beekman, Victor Sin, Jordan Moldow, Brian Darby, (In Person) Charlotte Casey, and Mark Trout provided public comment regarding the Consent Calendar as a whole.
Action: Upon motion by Councilmember Arjun Batra, seconded by Councilmember Bien Doan, and carried unanimously, the Consent Calendar was approved as a whole. The below actions were taken as indicated. (11-0-0)
2.1 Approval of City Council Minutes.
None provided.
2.2 23-1479 Final Adoption of Ordinances. (a) Ordinance No. 30967 - An Ordinance of the of San José Rezoning Certain Real Properties of Approximately 17.64 Gross Acres Situated on the East Side of Elm Street, between West Hedding Street and Emory Street, at the Southwest Corner of West Hedding Street and Elm Street, and Northerly of West Hedding Street, Approximately 300 Feet Easterly of Elm Street (960 West Hedding Street) (APN:
261-10-095, 096, 104, 105, 106; 261-11-005; 261-12-001, 002, 074, 087; 230-41-029, 030, 031, 032 and 043) From A PQP(PD) Planned Development Zoning District to A PQP(PD) Planned Development Zoning District.
[Passed for Publication on 10/17/2023 - Item 10.1(b)2 (23-1393)]
Action: (a) Ordinance No. 30967 was adopted. (11-0-0)
2.3 Approval of Council Committee Minutes.
None provided.
2.4 Mayor and Council Excused Absence Requests.
None provided.
4 2.5 City Council Travel Reports.
None provided.
2.6 Report from the Council Liaison to the Retirement Boards.
None provided.
2.7 23-1454 Actions Related to the Purchase Order with M T Tire Service, LLC for Tire Mounting, Balancing and Related Services.
Adopt a resolution authorizing the City Manager or designee to amend purchase order OP 62461 with M T Tire Service, LLC (San José, CA) for as required tire mounting, balancing, and related services to increase the total compensation by $200,000, for a maximum compensation not-to-exceed $550,000 for the period ending March 31, 2024.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)
Action: Resolution No. RES2023-384 was adopted, regarding the authorization of the City Manager or designee to amend purchase order OP 62461 with M T Tire Service, LLC. (11-0-0)
2.8 23-1455 Amendment to the Agreement with SHI International Corporation for Information Technology Infrastructure Refresh Project.
Adopt a resolution authorizing the City Manager or designee to negotiate and execute the Second Amendment to the Agreement with SHI International Corporation (Somerset, NJ) for an Infrastructure Refresh Project to add hardware, storage, and related professional services to replace the Police Department’s current virtual machine server environment, for an increase in compensation of $674,334, inclusive of applicable sales tax, and a revised maximum compensation of $3,705,874 for the five-year initial term ending December 31, 2023.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)
Action: Resolution No. RES2023-385 was adopted, regarding the authorization of the City Manager or designee to negotiate and execute the Second Amendment to the Agreement with SHI International Corporation. (11-0-0)
2.9 23-1459 Request for Additional Quantities of Pre-Approved Military Equipment.
Approve the purchase of additional quantities of pre-approved military equipment for use by the San José Police Department.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Police)
[Deferred from 10/24/2023 - Item 2.11 (23-1421)]
5 Brian Matchett, Captain, San José Police Department and Paul Joseph, Assistant Police Chief, San José Police Department, answered questions from Council regarding Item 2.9 and the request for additional quantities of pre-approved military equipment.
Action: The purchase of additional quantities of pre-approved military equipment for use by the San José Police Department was approved. (11-0-0)
2.10 23-1456 Actions Related to the 10128 - Park: Bundle - 9500 Hamann Park Tot Lot and 10121 Starbird Park Renovations Project.
(a) Report on bids and award of the construction contract for the 10128 - Park: Bundle - 9500 Hamann Tot Lot and 10121 Starbird Park Renovations Project in the amount of $1,294,900 to the lowest responsive, responsible bidder Integra Construction Services. (b) Approve a 10% contingency in the amount of $129,490. (c) Adopt the following 2023-2024 Appropriation Ordinance amendments in the Construction Tax and Property Conveyance Tax Fund: Parks Purposes Council District #1:
(1) Increase the Hamann Park Tot Lot Renovation appropriation to the Parks, Recreation and Neighborhood Services Department by $65,000; and
(2) Decrease the Starbird Park Playground Replacement appropriation to the Parks, Recreation and Neighborhood Services Department by $65,000. CEQA: Categorically Exempt, File No. ER23-039. CEQA Guidelines Section 15301, Existing Facilities and Section 15302, Replacement or Reconstruction. Council District 1. (Public Works/Parks, Recreation and Neighborhood Services/City Manager)
DROPPED PER THE ADMINISTRATION DURING ORDERS OF THE DAY.
2.11 23-1517 Retroactively Approval and Approval of Multiple Special Events Sponsored by Council District 5 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 October 25, 2023:
(a) Retroactively approve the El Rancho Verde Community Townhall scheduled on August 23, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(b) Retroactively approve the Pachanga del Barrio celebration scheduled on September 10, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(c) Retroactively approve the El Grito - Mexican Independence Day Celebration scheduled on September 15, 2023 as a City Council sponsored Special Event and approve the expenditure of funds; (d) Retroactively approve the Jackson Avenue Traffic Safety Meeting scheduled on September 18, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(e) Retroactively approve the Filipino Flag Raising and Lighting Ceremony scheduled on October 13, 2023 as a City Council sponsored
6 Special Event and approve the expenditure of funds;
(f) Retroactively approve the Jackson Avenue Traffic Safety Meeting scheduled on October 19, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(g) Approve the Halloween Community Event at Emma Prusch Farm Park scheduled on October 31, 2023 as a City Council sponsored Special Event and approve the expenditures of funds;
(h) Approve the Vietnamese Mural Painting Day and Community Celebration scheduled on November 1, 2023 as a City Council sponsored Special Event and approve the expenditures of funds; (i) Approve the Dia de Los Muertos Event at Mayfair Community Center scheduled on November 2, 2023 as a City Council sponsored Special Event and approve the expenditures of funds; and (j) Approve and accept donations from various individuals, businesses, or community groups to support the events.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Ortiz) [Rules Committee referral 10/25/2023 - Item B.4]
Action: The City Council Sponsored Special Events were both approved and retroactively approved. (11-0-0)
2.12 23-1520 Approval of Tower Lighting for Diwali Celebration Sponsored by Districts 8 and 10 as a City Council Sponsored Special Event.
As recommended by the Rules and Open Government Committee on October 25, 2023:
(a) Approve the Diwali Celebration Tower Lighting scheduled on November 12-18, 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. (Candelas and Batra)
[Rules Committee referral 10/25/2023 - Item B.6]
Action: The City Council Sponsored Special Event was approved. (11-0-0)
2.13 23-1527 Retroactive Approval of District 2 Movie Night 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 October 25, 2023:
(a) Retroactively approve the District 2 Movie Night at the AMC Eastridge Theater scheduled on October 14, 2023 as a City Council sponsored Special Event;
(b) Approve the expenditure of District 2 office budget funds to reserve the movie theater and purchase movie tickets and other materials for the
7 event; 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. (Jimenez) [Rules Committee referral 10/25/2023 - Item B.7]
Action: The City Council Sponsored Special Event was retroactively approved. (11-0-0)
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
None provided.
3.2 Labor Negotiations Update.
None provided.
3.3 23-1457 2023-2024 City Council Focus Areas First Quarter Status Report.
Accept the first quarter status report on the implementation of the Fiscal Year 2023-2024 City Council Focus Areas.
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)
Lee Wilcox, Assistant City Manager, City Manager’s Office; Dolan Beckel, Chief of Staff, City Manager’s Office; Rob Lloyd, Deputy City Manager, City Manager’s Office; Omar Passons, Deputy City Manager, City Manager’s Office; Angel Rios, Deputy City Manager, Office of the City Manager; and Erik Jensen, Assistant to the City Manager, City Manager’s Office offered the presentation and responded to questions.
Public Comment: (In Person) Ted McManon, (Zoom) Blair Beekman, and Alex Shoor provided public comment regarding the item.
Anthony Mata, Police Chief, San Jose Police Department, answered Council questions regarding the Police Departments vacancies.
Nanci Klein, Director of Economic Development, Office of Economic Development, answered Council questions regarding potential employment growth.
Action: Upon motion by Vice Mayor Rosemary Kamei, seconded by Councilmember Arjun Batra, and carried unanimously, the first quarter status report on the implementation of the Fiscal Year 2023-2024 City Council Focus Areas was accepted. (11-0-0)
8 3.4 23-1458 Master Agreement with BKF Engineers for Five Wounds Trail Project.
Adopt a resolution authorizing the City Manager or designee to negotiate and execute a master agreement with BKF Engineers for trail development consulting services for the Five Wounds Trail Project from, the date of execution through December 31, 2028, and in an amount not to exceed $2,500,000.
CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. Council Districts 3 and 7. (Public Works)
Public Comment: (In Person) Mark Trout, (Zoom) Blair Beekman, Paul Soto, and Jenna offered public Comment regarding the item.
Action: Upon motion by Councilmember Omar Torres, seconded by Councilmember Pam Foley, Resolution No. RES2023-386 was adopted, regarding the authorization of the City Manager or designee to negotiate and execute a master agreement with BKF Engineers for trail development consulting services for the Five Wounds Trail Project. (11-0-0)
3.5 23-1530 Cities Association of Santa Clara County’s Proposed Joint Powers Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency.
As recommended by the Rules and Open Government Committee on October 25, 2023, discuss and take action on the proposed Joint Powers Agency Agreement for Cities Association of Santa Clara County.
CEQA: Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Jimenez) [Rules Committee referral 10/25/2023 - Item C.1]
Shali Sirkay, Executive Director, CASCC; Jannie Quinn, Esq, Co-General Counsel, CASCC; and Sarah Zarate, Director, City Mangers Office provided the presentation and responded to questions.
Public Comment: (In Person) Chappie Jones (Zoom) Blair Beekman offered public comment regarding the item.
Motion: Councilmember Dev Davis requested the following: to not approve taking action on the Joint Powers Agency Agreement at the October 31, 2023 City Council Meeting, that Staff brief each Councilmember individually, and that this item return to the full City Council at a November or December 2023 City Council Meeting for a vote.
Sarah Zarate, Director, City Mangers Office, informed that Staff does not have a recommendation at this time due to the Administration not having a sitting member on the CASCC Executive Board or the Executive Committee.
Action: On a call to question, the motion passed unanimously, action was not taken on the Joint Powers Agency Agreement for Cities Association of Santa Clara County; Staff was directed to brief each Councilmember individually, and the item will return to the full City Council at a November or December 2023 City Council Meeting for a vote. (8-3-0. Noes: Jimenez, Cohen, and Ortiz.)
9 4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
9. REDEVELOPMENT – SUCCESSOR AGENCY
10. LAND USE
10.1 Land Use on Consent Calendar
None provided.
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
• Open Forum
(In Person)
1. Mark Trout spoke to the importance of stopping hate. (Zoom)
2. Blair Beekman offered an apology regarding the public comment process, stated he may have been off topic, and spoke to public safety as civil protection.
3. Kyle Kalergi provided comment.
4. Ann provided comment.
5. Jenna provided comment.
6. Greta Rockwell provided public comment
• Adjournment
The Council of the City of San José adjourned at 5:33 p.m. 10 Minutes Recorded, Prepared and Respectfully Submitted by, ________________________
_________
Daniel Aguilar
Deputy City Clerk, City of San José
Approved at Council on:
Number of Actions: 12
Attest By:
_______________________________
Toni J. Taber, CMC
City Clerk, City of San José
• Notice of City Engineer's Pending Decision on Final Maps FOR RECEIPT:
Tract: 10603
Location: South side of Stevens Creek Blvd, approximately 250' east of Palace Drive District: 1
Lots/Units: 7/580
Type: MFA
Developer: MPG Stevens Creek Owner LLC
2/4/2025
SAN JOSÉ CITY COUNCIL CLOSED SESSION AGENDA
October 31, 2023
Place: City Hall Conference Room W -133
Time: 9:30 a.m.
Item(s) to be discussed:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION :
Significan t exposure to litigation pursuant to Sections 54956.9(d)(2) and 54956.9(e)(3) of the Government Code:
1. Claimants(s): In re Claim of Daniels
City Department: Transportation
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION :
Significan t exposure to litigation pursuant to Sections 54956.9(d)(2) and 54956.9(e)(3) of the Government Code:
2. Claimants(s): In re Claim of Infanger
City Department: Transportation
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d)(1):
1. Case Name: Joseph, Rhawn et al. v. City of San Jose, et al.
Name(s) of Parties(s) RHAWN JOSEPH, PH.D. v. LUCY KOH, FEDERAL EMPLOYEE ; CITY OF SAN JOSE,
A MUNICIPAL CORPORATION; DAVE
SYKES; ROSALYN HUGHEY; KENDRA
McGEE-DAVIES; BRIAN MUNOZ; JASON
GIBILESCO; RICHARD DOYLE, SUED IN
THEIR INDIVIDUAL CAPACITIES AND AS
CO-CONSPIRATORS,
NORA FRIMANN, CITY ATTORNEY
11 Court: Northern Dis trict of California , San Jose
Division
Case No: 5:20-CV-03782-VKD
Amount of Money or Other Relief
Sought:
Damages according to proof
2. Case Name: Rhawn Joseph v. City of San Jose, et al.
Name(s) of Parties(s) DR. RHAWN JOSEPH , PH.D., CITY
OF SAN JOSE, A MUNICIPAL
CORPORATION; DAVE SYKES,
ROSALYNN HUGHEY, MOL LIE
MCLEOD, SEAN FLANAGAN, JASON
GIBILESCO, SUED IN THEIR
INDIVIDUAL CAPACITIES
Court: Untied States District Court Northern District
of California
Case No: 1:19-CV-01294-RMI
Amount of Money or Other Relief
Sought:
Damages according to proof
3. Case Name: Andrea Ortega v. City of San Jose, et al.
Name(s) of Parties(s) ANDREA ORTEGA; CITY OF SAN JOSE;
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY;
NICHOLAS BERGMAN
Court: Superior Court of California; Coun ty of Santa
Clara
Case No: 21CV375939
Amount of Money or Other Relief
Sought:
Damages according to proof
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION :
Significant exposure to litigation pursuant to Sections 54956.9(d)(2) and (e)(1) of the Government code:
Number of matter(s) to be discussed: 2
12 C. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
City Negotiator: Jennifer Schembri, Director of Employee Relations Employee Organizations:
1. Organization or Name and Title
of Unrepresented Employees:
San José Police Officers’ Association
(SJPOA)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or
MOA:
Memorandum of Agreement — City of San
José and San José Polices’ A ssociation
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office -of-the-
city-manager/employee-relations/labor-
relations-information/bargaining -units -labor-
contract-info/poa
Telephone – Employee Relations: (408) 535-
8150
13