City of San José Page 1 November 28, 2023
City Council Meeting
Minutes
Tuesday, November 28, 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
City of San José Page 2 November 28, 2023
Call to Order and Roll Call
9:31 a.m.- Closed Session 23-1602: See Pages 21-22 for Closed Session Minutes.
Present Councilmembers: Kamei, Jimenez, Ortiz, Doan, Candelas, Foley, Batra. (Council Chambers Conference Room, W133.)
Absent Councilmembers: Mahan, Torres, Cohen, Davis.
1:33 p.m.- Regular Session.
Present Councilmembers: Mahan, Kamei, Jimenez, Torres, Ortiz, Doan, Candelas, Foley, Batra, Cohen (1:45 p.m.) (City Hall, Council Chambers.) Absent Councilmembers: Davis
• Pledge of Allegiance
Mayor Matt Mahan led the Pledge of Allegiance.
• Invocation (District 10)
Councilmember Arjun Batra introduced the Leland High School Chamber Chorale, who offered the invocation with a song.
• Orders of the Day
None provided.
• Closed Session Report
None provided.
1. CEREMONIAL ITEMS
1.1 Councilmember Pam Foley and Councilmember Omar Torres presented the proclamation declaring December 1, 2023 as World AIDS Day in the City of San José to urge all residents to remain steadfast in the campaign to end the HIV/AIDS epidemic, to show support for people living with and affected by HIV, and to remember those who lost their lives to AIDS.
1.2 Councilmember Peter Ortiz presented the proclamation declaring November 25, 2023 as Small Business Saturday to celebrate, promote and support San José’s small businesses and all they do for our local communities.
City of San José Page 3 November 28, 2023
1.3 Councilmember Pam Foley on behalf of Councilmember Dev Davis, presented the proclamation declaring November 2023 as National Adoption Month in the City of San José to increase awareness of adoption issues, bring attention to the need for adoptive families for teens and youth in the foster care system, and emphasize the value of youth engagement.
2. CONSENT CALENDAR
Action: Upon motion by Councilmember Pam Foley, seconded by Councilmember David Cohen, and carried unanimously, the consent calendar was approved as a whole. The below actions were taken as indicated. (10-0-1; Absent: Davis)
Public Comment: (Zoom) Paul Soto provided public comment regarding the Consent Calendar.
2.1 Approval of City Council Minutes.
None provided.
2.2 Final Adoption of Ordinances.
(a) Ordinance No. 30973 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 1.00 Gross Acre Situated on the West Side of Lincoln Avenue (1655 Lincoln Avenue) (APN 429-27-126) from the R-1-8 Single-Family Residential Zoning District and the R-2 Two-Family Residential Zoning District to the R-1-8(PD) Planned Development Zoning District.
[Passed for Publication on 11/7/2023 - Item 10.1(a)(2) (23-1500)] (b) Ordinance No. 30977 - An Ordinance of the City of San José Amending Section 6.88.425 of Chapter 6.88 of Title 6 of the San José Municipal Code to Modify Identification Badge Requirements, and Make Other Technical, Non-Substantive or Formatting Changes. [Passed for Publication on 11/14/2023 - Item 4.1(b) (23-1544)]
Action: (a) Ordinance No. 30973 and (b) Ordinance No. 30977 were adopted. (10-0-1. Absent: Davis.)
2.3 Approval of Council Committee Minutes.
None provided.
2.4 Mayor and Council Excused Absence Requests.
Request for excused absences for Councilmember Davis from the Regular Meetings of City Council on November 14, 2023 and Rules and Open Government Committee and Committee of the Whole on November 15, 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)
City of San José Page 4 November 28, 2023
Action: The request for excused absences for Councilmember Davis were approved. (10-0-1. Absent:
Davis.)
2.5 City Council Travel Reports.
None provided.
2.6 Report from the Council Liaison to the Retirement Boards.
None provided.
2.7 Settlement of Andrea Ortega, et al v. City of San José, et al.
Approve the settlement of a lawsuit brought by Plaintiff Andrea Ortega, et al in the total amount of $337,500 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)
[Deferred from 11/7/2023 - Item 2.7 (23-1503) and 11/14/2023 - Item 2.7 (23-1537)]
Action: The settlement of a lawsuit brought by Plaintiff Andrea Ortega, was approved. (10-0-1. Absent:
Davis.)
2.8 Settlement of San José Spotlight, et al. v. City of San José, et al.
Approve the settlement of Petitioners San José Spotlight and First Amendment Coalition’s claim for attorneys’ fees and costs in the amount of $500,000 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 Petitioners San José Spotlight and First Amendment Coalition’s was approved. (10-0-1. Absent: Davis.)
2.9 Settlement of Claim by Daniels Family.
Approve the settlement of a claim filed by the Daniels family for a maximum amount of $126,615.
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 claim filed by the Daniels family was approved. (10-0-1. Absent: Davis.)
2.10 Fourth Amendment to the Agreement with Macias, Gini & O’Connell LLP to Provide Annual Financial and Compliance Audits.
City of San José Page 5 November 28, 2023
Approve the fourth amendment to the agreement with Macias, Gini & O’Connell LLP to extend the term from December 31, 2023 through April 30, 2024 and to add audit services related to the financial statements of the City regarding grant funds from the California Board of State and Community Corrections, increasing total compensation under the term of the agreement by an amount not to exceed $25,000 with a revised maximum total compensation of $4,271,091.
CEQA: Not a Project, File PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Auditor)
Action: The fourth amendment to the agreement with Macias, Gini & O’Connell LLP to extend the term from December 31, 2023 through April 30, 2024 was approved. (10-0-1. Absent: Davis.)
2.11 Amendment to the Master Consultant Agreement with Ascend Analytics for Technical Consulting Services.
Adopt a resolution authorizing the City Manager or her designee to:
(a) Execute a First Amendment to the Master Consultant Agreement with Ascend Analytics for technical consulting services including supporting load forecasting and portfolio management, energy risk management and analysis, electricity rates and cost of service studies, and California Independent System Operator and Market Operation Support, to increase the maximum compensation from $320,000 to $2,000,000 and give the City three one-year term extension options through June 30, 2029, subject to the appropriation of funds; and (b) Exercise up to three one-year options to extend the term of the Master Consultant Agreement through June 30, 2029.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Energy)
Action: Resolution No. RES2023-406 was adopted, regarding the authorization of the City Manager or her designee to execute a First Amendment to the Master Consultant Agreement with Ascend Analytics for technical consulting services. (10-0-1. Absent:
Davis.)
2.12 Amendment to the Agreement with West Tambo Clean Power II, LLC for Long Term Renewable Energy.
Adopt a resolution authorizing the Director of the Energy Department or her designee to execute a second amendment to the June 8, 2022 agreement with West Tambo Clean Power II, LLC, a subsidiary of Renewable America, LLC, to buy renewable energy, renewable energy credits, and attributes associated with a solar photovoltaic facility, in order to increase the term from 15 years to 20 years; delay the in-service date from April 30, 2023 to June 1, 2024; increase the development security and the commercial operation date delay damages; reduce the price by 15.7% if West Tambo obtains a 50% investment tax credit instead of the 40% investment tax credit it had
City of San José Page 6 November 28, 2023
expected; and make other conforming changes in consultation with the City Attorney, and resulting in an agreement with an estimated annual amount of $409,000 and a not-to-exceed amount of $8,180,000, to be paid solely from the San José Clean Energy Operating Fund, 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. (Energy)
Action: Resolution No. RES2023-407 was adopted, regarding the authorization to execute a second amendment to the June 8, 2022 agreement with West Tambo Clean Power II, LLC. (10-0-1. Absent:
Davis.)
2.13 Actions Related to an Application for Energy Efficiency and Conservation Block Grant Program.
Adopt a resolution authorizing the City Manager, Director of Finance, or their designees to:
(a) Apply for, negotiate, and execute any documents and take any other actions necessary to secure funding and fulfill grant requirements of the United States Department of Energy’s Energy Efficiency and Conservation Block Grant Program in the estimated amount of $834,110.00, or in any other amount that the DOE may award to the City; and
(b) Negotiate and execute any grant, payment agreements, and any other related documents to accept, receive, utilize, or disburse funding and take any other actions to fulfill the grant requirements of the Department of Energy Emergency Efficiency and Conservation Block Program upon award.
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. (Environmental Services)
Action: Resolution No. RES2023-408 was adopted, regarding the Actions Related to an Application for Energy Efficiency and Conservation Block Grant Program. (10-0-1. Absent: Davis.)
2.14 Actions Related to the Purchase Order with Reed & Graham, Inc. for Asphalt Concrete Material.
Adopt a resolution authorizing the City Manager or her designee to exercise up to three one-year options to extend the term of the purchase order with Reed & Graham, Inc. (San José, CA), for asphalt concrete material with the last option ending on or about December 16, 2026, subject to the appropriation of funds.
CEQA: Categorically Exempt, File No. ER23-009, CEQA Guidelines Section 15301(c) Existing Facilities. (Finance)
Action: Resolution No. RES2023-409 was adopted, regarding the authorization of the City Manager or her designee to exercise up to three one-year options to extend the term of the purchase order with Reed & Graham, Inc. (10-0-1. Absent: Davis.)
City of San José Page 7 November 28, 2023
2.15 Actions Related to the Purchase Order with Pump Repair Service Co. for Water Pump Motor and Well Services and Products.
Adopt a resolution authorizing the City Manager or her designee to exercise up to four one-year options to extend the term of the purchase order with Pump Repair Service Co. (San Francisco, CA), for water pump motor and well services and products with the last option ending on or about November 14, 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)
Action: Resolution No. RES2023-410 was adopted, regarding the authorization of the City Manager or her designee to exercise up to four one-year options to extend the term of the purchase order with Pump Repair Service Co. (10-0-1. Absent: Davis.)
2.16 Actions Related to the Purchase Order with Telstar Instruments for the Maintenance, Repair and Programming of Logic Controllers.
Adopt a resolution authorizing the City Manager or her designee to:
(a) Amend purchase order OP 63280 with Telstar Instruments (Concord, CA) for as-required maintenance, repair, and programming of logic controllers to increase the total compensation by $250,000 for a maximum compensation not to exceed $450,000 for the period ending on or about March 31, 2024; and
(b) Exercise up to three one-year options to extend the term of the purchase order, with the last option ending on or about March 31, 2027, subject to the appropriation of funds.
CEQA: Categorically Exempt, File No. PP17-050, CEQA Guidelines Sections 15301 and 15302 for Existing Facilities and Replacement or Reconstruction. (Finance)
Action: Resolution No. RES2023-411 was adopted, authorizing the Purchase Order with Telstar Instruments for the Maintenance, Repair and Programming of Logic Controllers. (10-0-1. Absent: Davis.)
2.17 Actions Related to the Purchase Orders and Amendment to the Agreements with Bayscape Management, Inc., Brightview Landscape Services, Inc., and Jensen Landscape Services, LLC for Landscaping Services.
Adopt a resolution authorizing the City Manager or her designee to:
(a) Negotiate and execute purchase orders with Bayscape Management, Inc. (Alviso, CA), Brightview Landscape Services, Inc. (Blue Bell, PA), and Jensen Landscape Services, LLC (Los Angeles, CA) for landscape management and maintenance services in public right-of-way locations in special districts to extend services for up to two additional one-year option terms for a total of nine options through December 2, 2025, subject to the appropriation of funds; (b) Negotiate and execute purchase orders with Bayscape Management, Inc. (Alviso, CA) and Brightview Landscape Services, Inc. (Blue Bell, PA) for landscape management, maintenance, and irrigation services at
City of San José Page 8 November 28, 2023
various City locations to extend services for up to two additional one-year option terms for a total of six options through December 19, 2025, subject to the appropriation of funds;
(c) Negotiate and execute the Second Amendment to the Agreement with Bayscape Management, Inc. (Alviso, CA) for landscape management and maintenance services for General Fund and Special District landscape areas to extend services for up to two additional one-year option terms for a total of nine options through December 3, 2025, subject to the appropriation of funds; and
(d) Negotiate and execute the First Amendment to the Agreement with Bayscape Management, Inc. (Alviso, CA) for landscape maintenance services for civic grounds and small parks to extend services for up to one additional one-year option term for a total of six options through February 28, 2025, subject to the appropriation of funds.
CEQA: Categorically Exempt, File No. ER23-151, CEQA Guidelines Section 15301, Existing Facilities. (Finance)
Action: Resolution No. RES2023-412 was adopted, regarding the authorization of the Purchase Orders and Amendment to the Agreements with Bayscape Management, Inc., Brightview Landscape Services, Inc., and Jensen Landscape Services, LLC for Landscaping Services. (10-0-1. Absent: Davis.)
2.18 Amendment to the City Pay Plan for Various Classifications.
Adopt a resolution amending the City of San José Pay Plan effective November 28, 2023, to:
(a) Retitle the Animal Health Technician (3253/3260) classification to Animal Health Assistant (3253/3260).
(b) Create the following classifications:
(1) Animal Health Technician (3263/3264) with an annual pensionable salary range of $65,894.40 - $80,038.40; and
(2) Public Safety Communications Specialist (8536) with an annual pensionable salary range of $80,454.40 - $97,760.00.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Human Resources)
Action: Resolution No. RES2023-413 was adopted, regarding the amendment to the City of San José Pay Plan. (10-0-1. Absent: Davis.)
2.19 Amendment to the Consultant Agreement with Alliant Insurance Services for Professional Benefits Consulting Services to the City.
Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an amendment to the Consultant Agreement with Alliant Insurance Services to provide professional benefits consulting services to the City, extending the term of the Agreement from December 31, 2023 to December 31, 2029, and increasing the not-to-exceed Agreement amount from $1,158,125 to a revised total not-to-exceed amount of $2,365,375, subject to the appropriation of
City of San José Page 9 November 28, 2023
funds.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Human Resources)
Action: Resolution No. RES2023-414 was adopted, regarding the amendment to the Consultant Agreement with Alliant Insurance Services. (10-0-1. Absent: Davis.)
2.20 Report on Bids and Award of Contract for the 10071 - Sanitary Sewer Condition Assessment Fiscal Year 2022-2023 Package I Project.
(a) Report on bids and award of a contract for the construction of 10071 - Sanitary Sewer Condition Assessment Fiscal Year 2022-2023 Package I Project to the lowest responsive, responsible bidder, Pipe and Plant Solutions, Inc., in the amount of $1,977,001; and (b) Approve a 10% contingency in the amount of $197,700.
CEQA: Categorically Exempt, File No. ER23-189, CEQA Guidelines Sections 15301(b) Existing Facilities and 15302(c) Replacement or Reconstruction. Council District 9. (Public Works)
Action: The Report on Bids and Award of Contract for the 10071 - Sanitary Sewer Condition Assessment Fiscal Year 2022-2023 Package I Project was accepted. (10-0-1.Absent: Davis.)
2.21 Master Agreements with IMEG Corp., Salas O’Brien Engineers Inc., and PAE Consulting Inc., for Mechanical, Electrical, and Plumbing Consultant Services.
Adopt a resolution authorizing the City Manager or her designee to negotiate and execute master agreements with IMEG Corp., Salas O’Brien Engineers, Inc., and PAE Consulting, Inc. for the Citywide mechanical, electrical, and plumbing consultant services from the date of execution through December 31, 2026, in an amount not to exceed $2,000,000 for each 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. (Public Works)
Action: Resolution No. RES2023-415 was adopted, regarding the authorization of the Master Agreements with IMEG Corp., Salas O’Brien Engineers Inc., and PAE Consulting Inc. (10-0-1.
Absent: Davis.)
2.22 Municipal Microgrids Program Funding Approval for Initial Studies to Develop a Power Purchase Agreement to Implement a Suite of Microgrids at Critical City Facilities.
(a) Adopt a resolution authorizing the use of up to $1,000,000 from the San José Clean Energy Fund for the Public Works Department to hire a consultant(s) to conduct high-level studies and preliminary design plans for a suite of municipal microgrids at City facilities, in preparation for development of a power purchase agreement bid scope.
(b) Adopt the following 2023-2024 Appropriation Ordinance Amendments in the San José Clean Energy Fund:
(1) Establish the Municipal Microgrids Program appropriation to the
City of San José Page 10 November 28, 2023
Public Works Department in the amount of $1,000,000; and (2) Decrease the Unrestricted Ending Fund Balance by $1,000,000.
CEQA: Statutorily Exempt, File No. PP17-001, CEQA Guidelines Section 15262, Feasibility and Planning Studies. (Public Works/Energy/City Manager)
Action: (a) Resolution No. RES2023-416 was adopted, regarding the authorization of the Municipal Microgrids Program Funding Approval; and (b) Ordinance No. 30978 was adopted. (10-0-1. Absent:
Davis.)
2.23 Fiscal Year 23 Traffic Impact Fee Report.
Accept the annual and five-year report prepared in accordance with the Mitigation Fee Act (Government Code section 66000 et seq.) on the status of the City’s four traffic impact fee programs: North San José, Evergreen-East Hills, US-101/Oakland/Mabury, and Interstate 280/Winchester Boulevard.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. Council Districts 1, 3, 4, 5, 6, 7, 8. (Transportation)
Action: The Fiscal Year 23 Traffic Impact Fee Report was accepted. (10-0-1. Absent: Davis.)
2.24 Downtown San José Property-Based Improvement District Annual Financial Report.
Approve the Downtown San José Property-Based Improvement District Annual Financial Report for Fiscal Year 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. Council Districts 3 and 6. (Transportation)
Action: The Downtown San José Property-Based Improvement District Annual Financial Report for Fiscal Year 2022-2023 was approved. (10-0-1. Absent: Davis.)
2.25 Retroactive Approval of Multiple Events Sponsored by Council District 3 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 November 15, 2023:
(a) Retroactively approve the Plant Sitter Business Grand Opening event scheduled on September 22, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(b) Retroactively approve the Luna Park Business Association meeting scheduled on October 3, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(c) Retroactively approve the Autumn Litter Harvest scheduled on October 21, 2023 as a City Council sponsored Special Event and
City of San José Page 11 November 28, 2023
approve the expenditure of funds;
(d) Retroactively approve the Tamien Station Community Mixer scheduled on November 1, 2023 as a City Council sponsored Special Event and approve the expenditure of funds; and
(e) 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. (Torres) [Rules Committee referral 11/15/2023 - Item B.5]
Action: The City Council District 3 Sponsored Special Events were retroactively approved. (10-0-1.
Absent: Davis.)
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 Fall Intergovernmental Relations Report.
(a) Accept the Fall Intergovernmental Relations Report. (b) Reaffirm all City positions summarized in the 2023 Intergovernmental Relations Priority Federal Legislation Log.
(c) Reaffirm all City positions summarized in the 2023 Intergovernmental Relations Priority State Legislation Log.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)
Mayor Matt Mahan stated the presentations, discussions, and public comments for Items 3.3 and 3.4 would be concurrently heard together, but the votes would be taken separately.
Sarah Zarate, Director, Office of Administration, Policy, & Intergovernmental Relations Officer, City Manager’s Office; Zane Barnes, Chief Intergovernmental Relations Officer; Kailyn Kenney, Senior Executive Analyst, City Manager’s Office; Steve Stamos, Senior Executive Analyst, City Manager’s Office; John Ristow, Director of Transportation, Department of Transportation; Rachel VanderVeen, Assistant Director, Housing Department; Jessica Zenk, Deputy Director, Department of Transportation; and Leslie Pollner, Senior Policy Advisor, Holland & Knight provided the presentation and responded to questions regarding Items 3.3 and 3.4.
Public Comment: (Zoom) Paul Soto, Sandra, Jordan Moldow, Tobin Gilman, Angel Aliano, Ruthie Callahan, and Tobin Gilman provided public comment regarding Items
3.3 and 3.4.
City of San José Page 12 November 28, 2023
Motion: Councilmember Bien Doan moved approval of his memorandum dated November 27, 2023; including Staff direction to provide a City Council Study Session for the IGR Recommendation Report every year going forward, beginning in 2024. Councilmember Arjun Batra seconded the motion.
Substitute Motion: Councilmember David Cohen made a substitute motion to accept the staff report.
The substitute motion was seconded by Councilmember Sergio Jimenez.
Action: Councilmember Sergio Jimenez requested a Call to Question. ( 8-2-1. Noes:
Doan, Batra. Absent: Davis.)
Action: On a call to question, the substitute motion carried, the Fall Intergovernmental Relations Report was accepted, including Staff direction to provide a City Council Study Session for the IGR Recommendation Report every year going forward, beginning in 2024.
Including acceptance of the memorandum authored by Councilmember Bien Doan, dated, November 27, 2023, recommending the following:
1. Reaffirm all City positions summarized in the 2023 Intergovernmental Relations Priority Federal Legislation Log.
2. Reaffirm all City positions summarized in the 2023 Intergovernmental Relations Priority State Legislation Log with the exception of: AB 12; AB 28; AB 251; AB 361; AB 367; AB 531; AB 875; AB 939; AB 1085; AB 1237; AB 1319; AB 1449; AB 1505; AB 1657; ACA 1; ACA 13; SB 8; SB91; SB 393; SB 400; SB 532; SB 567; and SB 634 to be deferred for a vote in January. (9-1-1; Noes: Doan.
Absent: Davis)
3.4 2024 Legislative Program and Legislative Priorities.
Adopt the 2024 Legislative Program and Legislative Priorities.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)
Public Comment: (Zoom) Paul Soto, Sandra, Jordan Moldow, Tobin Gilman, Angel Aliano, Ruthie Callahan, and Tobin Gilman provided public comment regarding Items 3.3 and 3.4.
Sarah Zarate, Director, Office of Administration, Policy, & Intergovernmental Relations Officer, City Manager’s Office; Zane Barnes, Chief Intergovernmental Relations Officer; Kailyn Kenney, Senior Executive Analyst, City Manager’s Office; Steve Stamos, Senior Executive Analyst, City Manager’s Office; John Ristow, Director of Transportation, Department of Transportation; Rachel VanderVeen, Assistant Director, Housing Department; Jessica Zenk, Deputy Director, Department of Transportation; and Leslie Pollner, Senior Policy Advisor, Holland & Knight provided the presentation and responded to questions regarding Items 3.3 and 3.4.
Action: Upon motion by Councilmember Omar Torres, Seconded by Councilmember Pam Foley, and carried unanimously, the 2024 Legislative Program and Legislative Priorities were adopted.
Including acceptance of the memorandum from Councilmember Omar Torres dated November 28, 2023 recommending:
City of San José Page 13 November 28, 2023
1. Accept Staff report; and
2. Seek state and federal grants for food insecurity programs in alignment with the Legislative Program.
3. Seek state and federal grants for the Med 30 position within our fire department in alignment with the Legislative Program.
4. Return before June 30th with an information memorandum on the status of items 2 and 3. (10-0-1;
Absent: Davis)
3.5 Summary Vacation of a Portion of North San Pedro Street, Between Bassett Street and West Julia Street with the Reservation of a Public Service Easement and a Non-Vehicular Public Trail Easement.
Conduct a public hearing and adopt a resolution authorizing the following:
(a) Approve the report of the Director of Public Works setting forth the facts justifying the summary vacation of approximately 23,372 square feet (0.54 acres +/-) of Public Street Easement on North San Pedro Street, between Bassett Street and West Julian Street (Subject Portion) with the reservation of a Public Service Easement and Non-vehicular Public Trail Easement over the area being vacated; (b) Summarily vacate the Subject Portion which is excess; and (c) Direct the City Clerk to record a certified copy of the resolution of vacation with the Office of the Clerk Recorder, County of Santa Clara.
CEQA: Categorically Exempt, File No. ER23-222, CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations. Council District 3. (Public Works)
Public Comment: (Zoom) Paul Soto provided public comment.
Action: Upon motion by Councilmember Omar Torres, Seconded by Councilmember Pam Foley, and carried unanimously, the public hearing was conducted and Resolution No. RES2023-417 was adopted, regarding the approval of the Summary Vacation of a Portion of North San Pedro Street, Between Bassett Street and West Julia Street with the Reservation of a Public Service Easement and a Non-Vehicular Public Trail Easement. (10-0-1; Absent: Davis)
4. PUBLIC SAFETY SERVICES
No items provided.
5. TRANSPORTATION & AVIATION SERVICES
5.1 Grant Agreements and Resolutions for One Bay Area Grant (Cycle 3) Grant Acceptance.
(a) Accept and receive One Bay Area Grant Funds (Cycle 3). (b) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute grant agreements and all documents necessary to effectuate the grant agreements with the Metropolitan Transportation Commission in an amount not to exceed $58,686,000 in One Bay Area Grant funds (Cycle 3) for the following projects:
(1) $3,300,000 for the Jackson Avenue Complete Streets with a local match of $825,000;
(2) $12,974,000 for the Julian and St. James Livable Streets Couplet
City of San José Page 14 November 28, 2023
Conversion with a local match of $3,243,500;
(3) $6,300,000 for the Signalized Intersections Pedestrian Safety Improvements with a local match of $1,575,000;
(4) $32,730,000 for the Story-Keyes Complete Streets with a local match of $8,182,500; and
(5) $3,382,000 for the White Road Pedestrian Safety Improvements with a local match of $845,000.
(c) Adopt a Resolution of Local Support that demonstrates the necessary assurances that each of the projects will be completed in compliance with the submitted applications, Metropolitan Transportation Commission Funding Delivery Policy, and the grant program requirements. (d) Adopt a Metropolitan Transportation Commission State Housing Law Resolution that demonstrates the City’s intent to comply with the following State Housing Laws: Surplus Lands Act, Accessory Dwelling Units, and Density Bonus laws.
CEQA: Categorically Exempt, File No. ER23-009, CEQA Guidelines Section 15301(c) Existing Facilities. Council Districts 3, 4, 5, 6, 7, 8. (Transportation)
Public Comments: (Zoom) Paul Soto provided public comment.
Action: Upon motion by Councilmember Omar Torres, Seconded by Councilmember Bien Doan, and carried unanimously, (a) the One Bay Area Grant Funds (Cycle 3) were accepted and received, (b) Resolution No. RES2023-418 was adopted, authorizing the grant agreements with the Metropolitan Transportation Commission. (c) Resolution No. RES2023-419 was adopted, authorizing assurances that each of the projects will be completed in compliance with the submitted application. (d) Resolution No.
RES2023-420 was adopted, authorizing the City’s intent to comply with State Housing Laws. (10-0-1; Absent: Davis)
6. ENVIRONMENTAL & UTILITY SERVICES
No items provided.
7. NEIGHBORHOOD SERVICES
No items provided.
8. COMMUNITY & ECONOMIC DEVELOPMENT
8.1 Agreements with Santa Clara County Housing Authority for Services at First Street Interim Housing and Assumption of Homekey Obligations.
(a) Adopt a resolution:
(1) Approving the sale of the City-owned property First Street Interim Housing, located at 1488 North First Street, to the Santa Clara County Housing Authority, or its affiliated entity North First Gish Holding LLC for $1;
(2) Authorizing the City Manager, or her designee, to negotiate and execute the Purchase and Sale Agreement, the deed, and all other documents necessary to complete the transaction;
City of San José Page 15 November 28, 2023
(3) Authorizing the Director of Housing or designee to negotiate and execute a performance based conditional rehabilitation grant agreement and related documents with Santa Clara County Housing Authority or a related entity in an amount of up to $4,000,000 of Measure E funds for capital repair needs for 72 interim housing units at First Street Interim Housing, located at 1488 North First Street, and also renovations for 57 interim housing units at the Comfort Suites located at 1510 North First Street, to be purchased and owned by the Santa Clara County Housing Authority;
(4) Authorizing the Director of Housing or designee to negotiate and execute an operations grant agreement and all necessary amendments for support services, asset and property management services beginning retroactively October 1, 2023 through June 30, 2024 for the Fiscal Year 2023-2024 with two one-year options to extend, subject to the appropriation of funds, for a total grant award in an amount up to $9,000,000 with Santa Clara County Housing Authority or a related entity for First Street Interim Housing, and support services, asset and property management for 57 interim housing units at the Santa Clara County Housing Authority-owned property Comfort Suites located at 1510 North First Street;
(5) Authorizing the Director of Housing or designee to negotiate and execute an amendment to the agreement with the State Department of Housing and Community Development to add Santa Clara County Housing Authority or its affiliated entity North First Gish Holding LLC, to the standard agreement; and
(6) Authorizing the Director of Housing or designee to negotiate and execute an agreement with Santa Clara County Housing Authority or a related entity to clarify roles and responsibilities related to First Street Interim Housing and the Santa Clara County Housing Authority-owned property Comfort Suites, and authority to negotiate and enter into any other related amendments or agreements necessary to complete the transfer of the project.
(b) Adopt the following Fiscal Year 2023-2024 Appropriation Ordinance Amendments in the General Fund:
(1) Decrease the Measure E - Interim Housing Construction and Operations Reserve (15% HSP) by $2,500,000; and
(2) Increase the Measure E - Interim Housing Construction and Operations - SureStay Operations (15% HSP) appropriation to the Housing Department by $2,500,000.
CEQA: Categorically Exempt, File No. ER23-252, CEQA Guidelines Section 15301, Existing Facilities.
Council District 6. (Housing/City Manager)
Rosalynn Hughey, Deputy City Manager, Acting Housing Director; Ragan Henninger, Deputy Director; Kemit Mawakana, Division Manager; and Flaherty Ward, Director of Real Estate, Santa Clara County Housing Authority provided the presentation and responded to questions.
City of San José Page 16 November 28, 2023
Public Comment: (Zoom) Paul Soto provided public comment.
Action: Upon motion by Councilmember Arjun Batra, Seconded by Councilmember Sergio Jimenez, and carried unanimously, (a) Resolution No. RES2023-421 and (b) Ordinance No. 30979 were adopted, regarding the agreements with Santa Clara County Housing Authority for services at First Street Interim Housing and assumption of Homekey Obligations. (10-0-1; Absent: Davis)
8.2 Actions Related to Grant Agreements for Multiple Programs Serving Households Experiencing Homelessness for Fiscal Year 2023-2024.
(a) Adopt a resolution authorizing the Acting Director of Housing, the Director of Housing, or their designee to negotiate and execute the following agreements and amendments for programs serving individuals and families experiencing homelessness beginning in Fiscal Year 2023 - 2024 with up to three one-year options to extend, subject to the appropriation of funds and termination for convenience:
(1) Bill Wilson Center for the Financial Assistance Program for Homeless and At-Risk Youth in the amount of $2,041,499 retroactive from November 1, 2023 - December 31, 2025;
(2) Unity Care for the Financial Assistance Program for Homeless and At-Risk Youth in the amount of $2,000,000 retroactive from November 1, 2023 - December 31, 2025;
(3) WeHope for the Dignity on Wheels Program in the amount of $1,000,000 from January 1, 2024 - December 31, 2024;
(4) County of Santa Clara for the Centralized Shelter Hotline in the amount of $1,500,000 retroactive from July 1, 2023 - June 30, 2025; (5) HomeFirst of Santa Clara County for the Citywide Outreach Program for Unsheltered Populations in the amount of $42,000 from January 1, 2024 - June 30, 2024;
(6) LifeMoves for the Guadalupe Emergency Interim Housing Program in the amount of $600,000 from January 1, 2024 - June 30, 2024;
(7) LifeMoves for the Temporary Housing Access Program in the amount of $4,500,000 retroactive from July 1, 2023 - June 30, 2024; (8) Sacred Heart Community Service for the Eviction Diversion and Settlement Program in the amount of $2,712,628 retroactive from October 31, 2023 - June 30, 2024; and
(9) LifeMoves for the Supportive Parking for Recreational Vehicles Program in the amount of $200,000 from March 1, 2024 - June 30, 2024.
(b) Adopt the following Fiscal Year 2023-2024 Appropriation Ordinance Amendments in the Homeless Housing, Assistance, and Prevention Fund:
(1) Decrease the Emergency Shelters appropriation to the Housing Department by $400,000; and
(2) Increase the Homeless Youth appropriation to the Housing Department by $400,000.
(c) Adopt the following Fiscal Year 2023-2024 Appropriation Ordinance Amendments in the General Fund:
(1) Decrease the Measure E - 10% Homeless Prevention and Rental Assistance Reserve by $2,712,628; and
City of San José Page 17 November 28, 2023
(2) Increase the Measure E - Rental Assistance (10% HPRA) appropriation to the Housing Department by $2,712,628.
CEQA: Not a Project, File No. PP17-009, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment; 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. (Housing/City Manager)
Rosalynn Hughey, Deputy City Manager, Office of the City Manager, answered questions from Council.
Public comment: (Zoom) Jocelyn Arenas, Paul Soto, (In person) Alex Shoar provided public comment.
Action: Upon motion by Councilmember Peter Ortiz, Seconded by Councilmember Bien Doan, and carried unanimously, (a) Resolution No. RES2023-422, (b) Ordinance No. 30980, and (c) Ordinance No. 30981 were adopted regarding the actions related to grant agreements for multiple programs serving households experiencing homelessness for Fiscal Year 2023-2024. (10-0-1; Absent: Davis)
9. REDEVELOPMENT – SUCCESSOR AGENCY
No items provided.
10. LAND USE
10.1 Land Use on Consent Calendar
Public Comment: (Zoom) Paul Soto provided public comment regarding the Land Use Consent Calendar as a whole.
Action: Upon motion by Councilmember Sergio Jimenez, seconded by Councilmember Omar Torres, and carried unanimously, the Land Use Consent Calendar was approved as a whole. (10-0-1; Absent: Davis)
OPEN GENERAL PLAN FOURTH REVIEW CYCLE FOR 2023 HEARING
10.1(a) HL23-001 & MA23-001 - Applications for the Designation of 909 Schiele Avenue (Yoell House) as a City Landmark and for a Historical Property (Mills Act) Contract Between the City of San José and the Property Owners (Yah Yah Cason and Wendy Needham).
(1) Adopt a resolution designating 909 Schiele Avenue (Yoell House) as a City Landmark of special historical, architectural, cultural, aesthetic or engineering interest or value of a historic nature. (2) Adopt a resolution approving the Historical Property (Mills Act) Contract between the City of San José and property owners Yah Yah Cason and Wendy Needham for the property located at 909 Schiele Avenue.
CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resources and Rehabilitation. Historical Landmarks Commission recommends approval (6-0-1, Royer absent) (Item 3.a. on the 11/1/2023 Historical Landmarks Commission agenda). Council District 6. (Planning, Building and Code Enforcement)
Action: (a)(1) Resolution No. RES2023-423, designating 909 Schiele Avenue (Yoell House) as a City Landmark and (a)(2) Resolution No. RES2023-424, approving the Historical Property (Mills Act)
City of San José Page 18 November 28, 2023
Contract were adopted. (10-0-1; Absent: Davis)
10.2 (b) HL23-002 & MA23-002 - Applications for the Designation of 340 North 3rd Street (Chase House) as a City Landmark and for a Historical Property (Mills Act) Contract Between the City of San José and the Property Owners (David Tam and Sunny Wang).
(1) Adopt a resolution designating 340 North 3rd Street (Chase House) as a City Landmark of special historical, architectural, cultural, aesthetic, or engineering interest or value of an historic nature. (2) Adopt a resolution approving the Historical Property (Mills Act) Contract between the City of San José and property owners David Tam and Sunny Wang for the property located at 340 North 3rd Street.
CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resources and Rehabilitation. Historical Landmarks Commission recommends approval (5-1-1, Brown abstained and Royer absent) (Item 3.b. on the 11/1/2023 Historical Landmarks Commission agenda). Council District 3. (Planning, Building and Code Enforcement)
Action: (b)(1) Resolution No. RES2023-425, designating 340 North 3rd Street as a City Landmark, and (b)(2) Resolution No. RES2023-426, approving the Historical Property (Mills Act) Contract between the City of San José and property owners. were adopted. (10-0-1; Absent: Davis)
(c) MA23-003 - Application for a Historical Property (Mills Act) Contract Between the City of San José and the Property Owner (200 Edenvale Avenue Hotel Owner LLC) for the Property Located at 200 Edenvale Avenue (Hayes Mansion).
Adopt a resolution approving the Historical Property (Mills Act) Contract between the City of San José and property owner 200 Edenvale Avenue Hotel Owner LLC for the property located at 200 Edenvale Avenue.
CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resources and Rehabilitation. Historical Landmarks Commission recommends approval (6-0-1, Royer absent) (Item 3.c. on the 11/1/2023 Historical Landmarks agenda. Council District 2. (Planning, Building and Code Enforcement)
Action: (c) Resolution No. RES2023-427 was adopted, approving the Historical Property (Mills Act) Contract. (10-0-1; Absent: Davis)
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
10.2 GP23-008, C23-109 & C23-110 - A City-Initiated General Plan Amendment to Change the Envision San José 2040 General Plan Land Use Designation of Nine Properties Associated with the Capitol Caltrain Station Area Plan.
(a) Adopt a resolution adopting the Addendum to the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041) and the Supplemental Environmental Impact Report to the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution 77617), and Addenda thereto in accordance with CEQA.
City of San José Page 19 November 28, 2023
(b) Adopt a resolution approving the following:
(1) Adoption of the Capitol Caltrain Urban Village Plan as the guiding policy document for new development and identified public improvements within the urban village area; and
(2) General Plan Amendment (File No. GP23-008) to the Envision San José 2040 General Plan to make changes to the Land
Use/Transportation Diagram for properties within the boundaries of the Urban Village planning area as shown on the Capitol Caltrain Urban Village Land Use Diagram; and
(c) Approve an ordinance rezoning the following of a cumulative 10.3 acres:
(1) Certain real property of approximately 3.4 gross acres (File No.
C23-109) located in the Mid Block area of the Capitol Caltrain Urban Village Plan area generally bounded by Monterey Road to the west; Rancho Drive to the south, Fehren Drive to the north, and Pfiefle Avenue to the east from the CG Commercial General zoning district to the UR Urban Residential zoning district (APNs 497-07-028 and 497-07-029); and
(2) Certain real property of approximately 7.0 gross acres (File No.
C23-110) located in the Mid Block and North Block area of the Capitol Caltrain Urban Village Plan area from the CP Commercial Pedestrian zoning district, CG Commercial General zoning district, and the CN Commercial Neighborhood zoning district to the UV Urban Village zoning district (APNs 497-07-030, 497-08-019, 497-08-020, 497-08-022, 497-08-023, 497-08-024, and 497-08-025).
CEQA: Addendum to the Envision San José 2040 General Plan Final Environmental Impact Report (Resolution No. 76041), and the Envision San José 2040 General Plan Supplemental Program Environmental Impact Report (Resolution or. 77617), and Addenda thereto, File No. ER23-225. Planning Commission recommends approval (7-0-4, Casey, Garcia, Rosario and Young absent) (Item 8.a. on the 11/8/2023 Planning Commission agenda). Council District 7. (Planning, Building and Code Enforcement)
Public Comment: (Zoom) Paul Soto and Erik Schoennauer provided public comment.
Action: Upon motion by Councilmember Bien Doan, seconded by Councilmember Sergio Jimenez, and carried Unanimously, (a) Resolution No. RES2023-428, approving the Addendum to the Envision San José 2040 General Plan Final Program Environmental Impact Report; (b) Resolution No. RES2023-429, approving the adoption of the Capitol Caltrain Urban Village Plan; and (c) Ordinance No. 30989, were adopted, including a 10% increase in heights and density. (10-0-1; Absent: Davis)
CONTINUE GENERAL PLAN FOURTH REVIEW CYCLE FOR 2023 HEARING TO DECEMBER 5, 2023
City of San José Page 20 November 28, 2023
Open Forum
No public comment.
Adjournment
The Council of the City of San José adjourned at 5:25 p.m.
Minutes Recorded, Prepared and Respectfully Submitted by, _________________________________
Daniel Aguilar
Deputy City Clerk, City of San José
Approved at Council on:
Number of Actions: 10
Attest By:
_______________________________
Toni J. Taber, CMC
City Clerk, City of San José
3/18/2025
SAN JOSÉ CITY COUNCIL CLOSED SESSION AGENDA
November 28, 2023
Present Councilmembers: Kamei, Jimenez, Ortiz, Doan, Candelas, Foley, Batra. (Council Chambers Conference Room, W133.)
Absent Councilmembers: Mahan, Torres, Cohen, Davis.
Time: 9:30 a.m.
Item(s) to be discussed:
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
1. Case Name: Andrade, Vinicio Jessie vs. Anya Pierre-Louis, et al.
Name(s) of Party(ies) Vinicio Andrade, Anya Pierre-Louis, City of San Jose
Court: Superior Court of California, County of Santa
Clara
Case No: 23CV416187
Amount of Money or Other
Relief Sought:
Damages according to proof
2. Case Name: Serna v. City of San Jose, et al.,
Name(s) of Party(ies) Elsa Torres Perezchica Serna, City of San Jose, David Cruz
Court: Santa Clara County Superior Court
Case No: 21CV382243
Amount of Money or Other
Relief Sought:
Damages according to proof.
3. Case Name: City v. 3M Company, et al.,
NORA FRIMANN, CITY ATTORNEY
Name(s) of Party(ies) CITY OF SAN JOSÉ, CALIFORNIA, 3M
COMPANY (f/k/a Minnesota Mining and
Manufacturing Co.); E. I. DUPONT DE
NEMOURS AND COMPANY; THE CHEMOURS
COMPANY; THE CHEMOURS COMPANY FC,
LLC; DUPONT DE NEMOURS, INC.; CORTEVA,
INC.; CHEMGUARD, INC.; TYCO FIRE
PRODUCTS LP; JOHNSON CONTROLS
INTERNATIONAL, PLC; CARRIER GLOBAL
CORPORATION; CENTRAL SPRINKLER, LLC;
FIRE PRODUCTS GP HOLDING, LLC; KIDDE-
FENWAL, INC.; KIDDE PLC, INC.; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC.;
RAYTHEON TECHNOLOGIES CORPORATION
f/k/a UNITED TECHNOLOGIES CORPORATION;
NATIONAL FOAM, INC.; ANGUS FIRE
ARMOURCORPORATION; ANGUS
INTERNATIONAL SAFETY GROUP; BUCKEYE
FIRE EQUIPMENT COMPANY; ARKEMA, INC.;
BASF CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CLARIANT CORPORATION;
CHEMICALS INCORPORATED; NATION FORD
CHEMICAL COMPANY; AGC CHEMICALS
AMERICAS INC.; AGC INC. f/k/a ASAHI GLASS
CO., LTD; DEEPWATER CHEMICALS, INC.;
DYNAX CORPORATION; ARCHROMA
MANAGEMENT, LLC; AND JOHN DOE
DEFENDANTS 1-49
Court: U.S. District Court, District of South Carolina
Case No: 2:20-cv-2812-RMG
Amount of Money or Other
Relief Sought:
Damages according to proof
C. 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: 3