City Council Meeting
Amended Agenda
Tuesday, December 12, 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
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.
December 12, 2023City Council Amended Agenda
THE LEVINE ACT
The Levine Act requires a Party in a Proceeding before the City of San José that involves any action related to their contract, license, permit, or use entitlement to disclose any campaign contributions to City elected or appointed officials totaling more than $250 within the 12 months prior to the City decision. A Participant to a Proceeding may voluntarily report a campaign contribution. Please visit https://www.sanjoseca.gov/your-government/appointees/city-clerk/levine-act for updated forms and information.
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:
December 12, 2023City Council Amended Agenda
1) By Phone: (888) 475 4499. Webinar ID is 884 7147 0054. 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/88471470054
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.
Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.” Click the language you would like to hear. (Zoom only)
Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). (Zoom solo)
Thông dịch có sẵn bằng tiếng Tây Ban Nha và tiếng Việt. Trong các điều khiển hội thảo trên web của bạn, hãy chọn “Interpretation” (Phiên dịch). (Zoom chỉ một)
To request interpretation in other languages, please email [email protected] four days prior to the meeting.
• Call to Order and Roll Call
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
23-1704 Closed Session Agenda
Closed Session AgendaAttachments
1:30 p.m.- Regular Session, Council Chambers, City Hall 6:00 p.m.- Evening Session, Council Chambers, City Hall *Will not begin until 6pm or until after all afternoon items are heard, whichever is later.
Pursuant to AB2449, Councilmember Foley provided notice she will participate in the Closed Session and the Regular Council meetings using teleconference under the just cause exemption of contagious illness or disability. This is her two of two allowed just cause exemptions.
December 12, 2023City Council Amended Agenda
• Pledge of Allegiance
• Invocation (Mayor)
Rabbi Dana Magat of Temple Emanu-El and Imam Tahir Anwar of the South Bay Islamic Association. • 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 honor and memory of Ms. Luc Ha Thi Le, a dedicated Community Activist who selflessly contributed to our community, particularly the Vietnamese Community, through her volunteerism as a member of Santa Clara County District 3 Roundtable, the Santa Clara County Valley Health Center Tully & Valley Health Center Milpitas Patient-Family Advisory Team, and the Santa Clara County Senior Care Commission. Her legacy of community service continues to inspire us all. • Closed Session Report
To be heard after Ceremonial Items
1. CEREMONIAL ITEMS
1.1 Presentation of a proclamation declaring December 22, 2023 as Sofia Mendoza Day to celebrate the birth and legacy of the activist and community organizer who campaigned for equality in education, policing, healthcare and housing for Latinos in San José. (Ortiz)
1.2 Presentation of a commendation to Association of Indo Americans recognizing their work to foster and promote cultural and social interactions by facilitating cultural events and educational programs pertaining to the Indian American Community in the City of San José. (Candelas)
1.3 Presentation of a commendation to the Hoffman Via Monte Neighborhood Association for their dedicated efforts in bettering the community through community building event initiatives and improving communication channels between neighborhoods in the City of San José. (Batra)
2. CONSENT CALENDAR
December 12, 2023City Council Amended Agenda
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.
2.2 Final Adoption of Ordinances.
December 12, 2023City Council Amended Agenda
23-1739 Final Adoption of Ordinances.
December 12, 2023City Council Amended Agenda
Recommendation: (a) Ordinance No. 30984 - An Ordinance of the City of San José Amending Various Sections of Title 20 (Zoning Ordinance or Zoning Code) of the San José Municipal Code to: (a) Eliminate Commercial Space Requirement for “100% Deed-Restricted Affordable Housing” and Incorporate those References within (1) Chapter 20.40, ‘Commercial Zoning District and Public/Quasi-Public District,’ Section
20.40.100; (2) Chapter 20.55, ‘Urban Village and Mixed-Use Zoning District,’ Sections 20.55.100 and 20.55.203; (3) Chapter 20.70, ‘Downtown Zoning Regulations,’ Section 20.70.100 to Amend Table 20-140; (4) Chapter 20.75, ‘Pedestrian Oriented Zoning Districts,’ Section 20.75.200; (b) Repeal Sections 20.30.460, 20.30.470,
20.30.480, and 20.30.490 Related to Accessory Dwelling Units from Part 4.5, Amend the Title of Part 4.5 to ‘Tiny Home on Wheels’ and Amend Section 20.30.495, ‘Tiny Home on Wheels (Thow)’;
Incorporate Minor Reference Edits to Table 20-50, Section 20.30.100, Chapter 20.30, and Section 20.55.201, Chapter 20.55; Add New Part
2.75, ‘Accessory Dwelling Units,’ in Chapter 20.80, ‘Specific Use Regulations;’ and (c) Amend Chapter 20.200, ‘Definitions,’ to Add New Sections 20.200.547, ‘Housing, Affordable Deed Restricted Housing' and 20.200.549, ‘Housing, Employee’; and Incorporate Minor Edits to Section 20.200.324, ‘Dwelling- Junior Accessory Dwelling Unit or Jadu; and to Make Other Technical, Non-Substantive, or Formatting Changes within those Sections of Title 20 of the San José Municipal Code.
[Passed for Publication on 12/5/2023 - Item 10.1(a) (23-1662)] (b) Ordinance No. 30985 - An Ordinance of the City of San José Amending Title 20 of the San José Municipal Code (Zoning Ordinance) to Add the “Hero Housing Element Residential Overlay” District to Chapter 20.65.
[Passed for Publication on 12/5/2023 - Item 10.1(b)(2) (23-1663)] (c) Ordinance No. 30986 - An Ordinance of the City of San José Amending the Zoning Map to Apply the Hero Housing Element Residential Overlay Zoning District on Certain Real Properties of Approximately 7.64 Gross Acres, Situated Citywide (APNS:
254-29-026, 261-01-106, 261-32-072, 467-22-160, 481-08-015, 484-44-061 and 484-44-063).
[Passed for Publication on 12/5/2023 - Item 10.1(b)(3) (23-1663)] (d) Ordinance No. 30987 - An Ordinance of the City of San José Amending Chapter 20.195, “Ministerial Approvals”, of Title 20 of the San José Municipal Code to Establish “Local Ministerial Approvals” for Housing Development Receiving Entitlement Under the Zoning Overlay
December 12, 2023City Council Amended Agenda
Districts and to Allow a Streamlined Ministerial Approval Process for Housing Occupied by Agricultural (Farm) Employees within Sections
20.195.010, 20.195.020, 20.195.030 and 20.195.050.
[Passed for Publication on 12/5/2023 - Item 10.1(b)(4) (23-1663)] (e) Ordinance No. 30988 - An Ordinance of the City of San José Amending Title 20 of the San José Municipal Code (Zoning Ordinance) to Add Parts 2 and 3 to Chapter 20.65 Entitled “Overlay Districts,” Including the Establishment of the Affordable Housing Overlay (AHO) District and the Mixed Income Housing Overlay (MIHO) District. [Passed for Publication on 12/5/2023 - Item 10.2(b) (23-1664)] (f) Ordinance No. 30989 - An Ordinance of the City of San José Amending the Zoning District Map to Apply the AHO Affordable Housing Overlay and the MIHO Mixed Income Housing Overlay Districts and Remove the Transit Employment Residential Overlay from Selected Parcels.
[Passed for Publication on 12/5/2023 - Item 10.2(c) (23-1664)]
2.3 Approval of Council Committee Minutes.
2.4 Mayor and Council Excused Absence Requests.
23-1733 Mayor and Council Excused Absence Requests.
Recommendation: Request for an excused absence for Councilmember Davis from the Regular Meeting of City Council on November 28, 2023 due to illness.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Davis)
[Rules Committee referral 12/6/2023 - Item A.1.a]
MemorandumAttachments
2.5 City Council Travel Reports.
2.6 Report from the Council Liaison to the Retirement Boards.
December 12, 2023City Council Amended Agenda
2.7 23-1671 Amendment to the Airline-Airport Lease and Operating Agreement with British Airways PLC.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Second Amendment to the Airline-Airport Lease and Operating Agreement with British Airways PLC to terminate the agreement early, effective October 31, 2023.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Airport)
MemorandumAttachments
2.8 23-1672 Award of Contract to Sky Harbour Group Corporation for General Aviation Aeronautical Services at the San José Mineta International Airport.
Recommendation: (a) Approve the selection of Sky Harbour Group Corporation for the General Aviation Aeronautical Services at the San José Mineta International Airport.
(b) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Lease of Premises for 1210 Aviation Avenue, San José, CA 95110 with Sky Harbour Group Corporation for a lease term of 20-years, with one 5-year option to extend with a minimum lease payment of $2,865,000 per annum.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Airport)
MemorandumAttachments
2.9 23-1706 Amicus Brief in State of Texas et al. v. The United States of America, et al. (DACA).
Recommendation: Authorize the City Attorney to join in an Amicus Curiae brief being drafted by the County of Los Angeles and City of Los Angeles on behalf of cities and counties in support of appellants/defendants in a challenge to the legality of the DACA program in State of Texas et al. v.
The United States of America, et al., Case No. No. 23-40653 (5th Circuit).
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Attorney)
MemorandumAttachments
December 12, 2023City Council Amended Agenda
2.10 23-1676 Team San José and Convention and Visitors Annual Performance Audit Report.
Recommendation: As recommended by the Community and Economic Development on November 27, 2023, accept the audit report on the annual performance of Team San José and Convention and Visitors.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Auditor)
[Community and Economic Development Committee referral 11/27/23 - Item (d)1]
Memorandum
Presentation, CED, 11/27/2023
Attachments
2.11 23-1707 Amendment to the Agreement with Berry, Dunn, McNeil & Parker, LLC for Customer Service Vision and Standards Services.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the First Amendment to the Master Consulting Agreement with Berry, Dunn, McNeil & Parker, LLC (Portland, ME) to increase the compensation by $400,000 for a new maximum compensation not to exceed $800,000, and with no other changes to the agreement, subject to the appropriation of funds.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Manager)
MemorandumAttachments
2.12 23-1677 Resolution Approving the Santa Clara County Multi-Jurisdiction Hazard Mitigation Plan, Volume I and City of San José Annex Volume II, as the City of San José’s Local Hazard Mitigation Plan.
Recommendation: Adopt a resolution approving Volume I and the City of San José Annex, part of Volume II, of the two-volume Santa Clara County Multi-Jurisdiction Hazard Mitigation Plan, as the City of San José’s local hazard mitigation plan.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (City Manager)
Memorandum
Resolution
Attachments
December 12, 2023City Council Amended Agenda
2.13 23-1678 Actions Related to the Purchase Orders with Kemira Water Solutions, Inc. for Ferric Chloride.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to:
(a) Amend purchase order OP 63578 with Kemira Water Solutions, Inc. (Lawrence, KS) for ferric chloride to increase the total compensation by $2,000,000, for a revised maximum compensation not-to-exceed $3,430,000 for the period ending on June 30, 2024; and
(b) Execute additional annual purchase orders for ongoing ferric chloride purchases pursuant to competitive solicitations facilitated by the Bay Area Chemical Consortium, subject to the appropriation of funds.
CEQA: San José-Santa Clara Regional Wastewater Facility Master Plan Environmental Impact Report (File No. PP11-043) (Resolution No. 76858). (Finance)
MemorandumAttachments
2.14 23-1679 Actions Related to the Purchase Orders with Hasa Inc. for Liquid 12.5% Sodium Hypochlorite.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to:
(a) Amend purchase order OP 63603 with Hasa Inc. (Saugus, CA) for Liquid 12.5% Sodium Hypochlorite to increase the total compensation by $1,950,000, for a revised maximum compensation not-to-exceed $3,380,000 for the period ending on or about June 30, 2024; and (b) Execute additional annual purchase orders for ongoing Liquid 12.5% Sodium Hypochlorite purchases pursuant to competitive solicitations facilitated by the Bay Area Chemical Consortium, subject to the appropriation of funds.
CEQA: San José-Santa Clara Regional Wastewater Facility Master Plan Environmental Impact Report (File No. PP11-043) (Resolution No. 76858). (Finance)
MemorandumAttachments
December 12, 2023City Council Amended Agenda
2.15 23-1680 Actions Related to the Purchase Order with Hypertec USA, Inc. for Netmotion Platform and Associated Software.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to:
(a) Negotiate and execute a purchase order with Hypertec USA, Inc. (Tempe, AZ) for NetMotion Platform and associated software, including ongoing maintenance and support for a maximum compensation of $172,480 for a one-year option term beginning December 21, 2023 and ending December 20, 2024, or as may be adjusted to align with the software renewal term;
(b) Negotiate and execute amendments as required for any unanticipated changes during the one-year option term beginning December 21, 2023 and ending December 20, 2024, subject to the appropriation of funds; and
(c) Exercise up to three additional one-year options to extend the term of the purchase order through December 20, 2027, 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. (Finance)
MemorandumAttachments
2.16 23-1681 Amendment to the Agreement with Granicus, LLC for an Electronic Filing System for Form 700 and Campaign Forms.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the Third Amendment to the Agreement with Granicus, LLC (Saint Paul, Minnesota) for an electronic filing system for Form 700 and Campaign Finance Forms to extend services for up to two additional one-year option terms for a total of six options through December 31, 2025 under the same material terms and conditions as the original agreement with a maximum compensation for the option period beginning January 1, 2024 not to exceed $70,000, 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
December 12, 2023City Council Amended Agenda
2.17 23-1685 First Quarter Financial Reports for Fiscal Year 2023-2024.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support Committee on November 16, 2023, accept the First Quarter (period ending September 30, 2023) Financial Reports for Fiscal Year 2023-2024 for the following programs: (1) Debt Management; (2) Investment Management; (3) Revenue Management; and (4)
Purchasing and Risk Management.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Finance)
[Public Safety, Finance and Strategic Support Committee referral 11/16/23 - Item (c)1]
Memorandum
Attachment A - Financial Report
Attachment B - Investment Report
Attachments
2.18 23-1686 Actions Related to the 2024 Weed Abatement Commencement Report.
Recommendation: Adopt a resolution:
(a) Accepting the 2024 Weed Abatement Commencement Report compiled by the County of Santa Clara’s Consumer and Environmental Protection Agency - Weed Abatement Program;
(b) Declaring that those certain noxious or dangerous seasonal and recurrent weeds, growing or likely to be growing, and refuse, situated or likely to be situated, on those properties identified in the Weed Abatement Commencement Report are a public nuisance; and (c) Directing the County of Santa Clara’s Consumer and Environmental Protection Agency -Weed Abatement Program to mail a Notice of Public Hearing to occur on February 6, 2024, at 1:30 p.m. before the City Council to property owners of affected real properties on the Weed Abatement Commencement Report pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Agreement between the City of San José and the County of Santa Clara.
CEQA: Categorically Exempt, CEQA Guidelines Section 15301(h) Existing Facilities, PP18-094. (Planning, Building and Code Enforcement)
Memorandum
Resolution
Attachments
December 12, 2023City Council Amended Agenda
2.19 23-1687 Agreement with the City and County of San Francisco to Allocate 2023 Urban Areas Security Initiative Grant Funds.
Recommendation: (a) Adopt a resolution authorizing the City Manager or her designee to execute an Agreement between the City of San José and the City and County of San Francisco, acting as fiscal agent for the Bay Area Urban Areas Security Initiative, to accept the 2023 Urban Areas Security Initiative grant allocation in the amount of $1,546,772 and to negotiate and execute additional amendments and related documents without further City Council action.
(b) Adopt the following Appropriation Ordinance and Funding Sources Resolution Amendments in the General Fund:
(1) Establish the Urban Areas Security Initiative Grant - Police 2023 City-Wide Expenses appropriation to the Police Department in the amount of $94,100;
(2) Establish the Urban Areas Security Initiative Grant - Fire 2023 City-Wide Expenses appropriation to the Fire Department in the amount of $1,073,379; and
(3) Increase the estimate for Revenue from Federal Government by $1,167,479.
CEQA: Not a Project, File No. PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (Police/Fire/City Manager)
Memorandum
Agreement
Attachments
2.20 23-1688 Affordable Housing Impact Fee and Commercial Linkage Fee Fiscal Year 2022-2023 Annual Report.
Recommendation: Accept the Fiscal Year 2022-2023 Annual Report prepared in accordance with the Mitigation Fee Act (Government Code section 66000 et seq.) on the status and expenditure plans for the City’s Affordable Housing Impact Fee and Commercial Linkage Fee.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Housing)
MemorandumAttachments
December 12, 2023City Council Amended Agenda
2.21 23-1689 Amendment to Diridon to Airport Connector’s Pre-Development Agreement for Intra-Terminal Airport Connection Option.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the amendment for the Pre-Development Agreement with the San José Connection Partners to incorporate the Intra-Terminal Airport Connection Option to the scope of work and increase the cost cap for Phase 1 of the project from $500,000 to $950,000.
CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. (Transportation/Airport)
Memorandum
Letters from the Public
Attachments
2.22 23-1740 Acceptance of California Library Connect Grant for Internet Improvement Projects at San José Public Library Locations.
Recommendation: (a) Adopt a resolution accepting the California Library Connect Grant from the California State Library in the amount of up to $414,481.68; and authorizing the City Manager or her designee to negotiate and execute any Grant Agreements and related City consultant Service Orders, amendments, and all other related documents, including online certifications at time of award acceptance and reimbursement requests, without further City Council action.
(b) Adopt the following 2023-2024 Funding Source Resolution and Appropriation Ordinance amendments in the General Fund:
(1) Establish an estimate for Revenue from State of California in the amount of $414,482; and
(2) Increase the Library Grants appropriation to the Library Department in the amount of $414,482.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Library/City Manager)
[Rules Committee referral 12/6/2023 - Item A.1.a]
Memorandum
Resolution
Attachments
December 12, 2023City Council Amended Agenda
2.23 23-1736 Retroactive Approval and Approval of Special 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.
Recommendation: As recommended by the Rules and Open Government Committee on December 6, 2023:
(a) Retroactively approve the Torres Tree Giveaway scheduled on December 2, 2023 as a City Council sponsored Special Event and approve the expenditure of funds;
(b) Approve the La Posada de la Comunidad scheduled on December 14, 2023 as a City Council sponsored Special Event and approve the expenditure of funds; and
(c) Approve and accept donations from various individuals, businesses or community groups to support the events.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Torres) [Rules Committee referral 12/6/2023 - Item B.5]
MemorandumAttachments
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.
3.3 23-1691 Building Permitting for Residential Additions or Alterations Audit Report.
Recommendation: As recommended by the Community and Economic Development Committee on November 27, 2023, accept the audit report on the development permitting for residential additions or alterations.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Auditor)
[Community and Economic Development Committee referral 11/27/23 - Item (d)2]
Memorandum
Presentation, CED, 11/27/2023
Attachments
December 12, 2023City Council Amended Agenda
3.4 23-1692 Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023. - TO BE HEARD CONCURRENTLY WITH ITEMS 3.5 AND 9.1
Recommendation: Accept Fiscal Year 2022-2023 Annual Comprehensive Financial Report for the City of San José.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Finance)
TO BE HEARD CONCURRENTLY WITH ITEMS 3.5 AND 9.1
Memorandum
Attachment
Presentation - est. 10 minutes
Attachments
3.5 23-1693 External Auditor’s Report: Report to Those Charged with Governance for the Year Ended June 30, 2023. - TO BE HEARD CONCURRENTLY WITH ITEMS 3.4 AND 9.1
Recommendation: Accept the External Auditor’s Report: Report to Those Charged with Governance for the Year Ended June 30, 2023.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Finance)
TO BE HEARD CONCURRENTLY WITH ITEMS 3.4 AND 9.1
Memorandum
Presentation - est. 10 minutes
Attachments
3.6 23-1694 Comprehensive Annual Debt Report for the City of San José for Fiscal Year 2022-2023.
Recommendation: Accept the Comprehensive Annual Debt Report for the City of San José 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. (Finance)
Memorandum
Attachment
Presentation - est. 5 minutes
Attachments
December 12, 2023City Council Amended Agenda
3.7 23-1695 Amendment to Title 24 of the San José Municipal Code for a Proposed Responsible Construction Ordinance.
Recommendation: Approve an ordinance of the City of San José amending Title 24 of the San José Municipal Code to add a new Part 8 of Chapter 24.02 to regulate private development projects by withholding the certificate of occupancy when an owner or contractor have any unpaid final wage theft judgment and exempt certain projects that consist of less than 15,000 square feet of new construction or remodeling, are subject to prevailing wage requirements under state law, or are subject to a project labor agreement or community workforce agreement.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Public Works)
Memorandum
Memorandum from Ortiz, Torres, Jimenez, Davis, 12/8/23
Supplemental Memorandum, 12/11/23
Ordinance
Letters from the Public
Attachments
3.8 23-1705 Status Report on Policies Adopted by Retirement Boards Administration for Operation of Office of Retirement Services Interim Audit Report.
Recommendation: Accept the status report on policies adopted by the Retirement Boards Administration for the operation of the Office of Retirement Services.
CEQA: Not a Project, File No. PP17 009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Retirement Services)
MemorandumAttachments
December 12, 2023City Council Amended Agenda
3.9 23-1737 Proposed Ordinance Regulating Foreign Influence in City Elections Prohibiting Foreign-Influenced Business Entities from Making Independent Expenditures, Campaign Contributions or Contributing to Independent Expenditure Committees.
Recommendation: (a) Consider an ordinance amending Part 1 of Chapter 12.06 of Title 12 of the San José Municipal Code to add Section 12.06.112 defining a foreign entity; adding Section 12.06.114 defining a foreign-influenced business entity; adding Section 12.06.116 defining a foreign owner; and amending Part 2 of Chapter 12.06 of Title 12 to add Section 12.06.270 prohibiting foreign-influenced business entities from making independent expenditures, campaign contributions or contributing to independent expenditure committees; and requiring business entities making contributions or independent expenditures to file with the City Clerk a signed certification that the business entity is not “foreign-influenced;” or
(b) In the alternative, consider an ordinance amending Part 1 of Chapter
12.06 of Title 12 of the San José Municipal Code to add Section
12.06.112 defining a foreign entity; adding Section 12.06.114 defining a foreign-influenced business entity; adding Section 12.06.116 defining a foreign owner; and amending Part 2 of Chapter 12.06 of Title 12 to add Section 12.06.270 prohibiting foreign-influenced business entities from making independent expenditures, campaign contributions or contributing to independent expenditure committees; and requiring business entities making contributions or independent expenditures to file with the City Clerk a signed certification that the business entity is not “foreign-influenced;” and adding Section 12.06.280 providing an exception for foreign-influenced business entities to make contributions or independent expenditures if foreign owners do not participate in the decisions to make independent expenditures, campaign contributions or contributions to independent expenditure committees.
CEQA: Not a Project, File No. PP17 008, General Procedure and Policy Making resulting in no changes to the physical environment. (City Attorney)
[Deferred from 11/16/2021 - Item 3.6 (21-2421), 3/22/2022 - Item 3.3 (22-365) and 12/5/2023 - Item 3.3 (23-1665)]
December 12, 2023City Council Amended Agenda
Replacement Memorandum, 11/30/2023
Memorandum, 11/5/2021
Supplemental Memorandum, 11/10/2021
Memorandum from Cohen, Jimenez & Foley, 11/16/2021
Memorandum from Cohen, Arenas, Foley & Jimenez, 3/18/2022 Ordinance
Ordinance (Alternative)
Letters from the Public - 1 of 2
Letters from the Public - 2 of 2
Memorandum from Cohen, Jimenez, Foley, Candelas & Kamei, 12/7/2023 Attachments
3.10 23-1738 Annual Merit Increases and Additional Executive Leave for Council Appointees.
Recommendation: As recommended by the Rules and Open Government Committee on November 29, 2023, adopt a resolution approving a 2.5% merit increase for the City Manager, City Attorney, City Clerk, and City Auditor retroactively effective to July 1, 2023, and granting an additional forty (40) hours of executive leave to each of these Council appointees for the payroll calendar year 2024.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Mayor)
[Rules Committee referral 11/29/2023 - Item B.6]
[Deferred from 12/5/2023 - Item 3.7 (23-1726)]
Memorandum
Resolution
Attachments
December 12, 2023City Council Amended Agenda
3.11 23-1743 Resolution on Childcare.
Recommendation: As recommended by the Rules and Open Government Committee on December 6, 2023:
(a) Consider a resolution of the City Council of the City of San José declaring the City’s Commitment to Affordable Childcare; (b) Authorize the City Attorney’s Office to make such formatting and non-substantive changes and additions as it deems appropriate or necessary.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Kamei)
[Rules Committee referral 12/6/2023 - Item C.2]
Memorandum
Resolution
Replacement Memorandum from Kamei, Davis, and Foley, 12/11/23 Attachments
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
December 12, 2023City Council Amended Agenda
8.1 23-1696 Actions Related to the 10223-Building: Emergency Interim Shelter Rue Ferrari Expansion Project.
December 12, 2023City Council Amended Agenda
Recommendation: (a) Adopt a resolution:
(1) Finding that the award of the proposed design-build contract for the 10233- Building: Emergency Interim Shelter Rue Ferrari Expansion Project will result in lower costs and/or faster Project completion than if the City used the design-bid-build method of project delivery. (2) Authorizing the Director of Public Works to negotiate a Design-Build Contract for the 10233- Building: Emergency Interim Shelter Rue Ferrari Expansion Project as follows:
(i) Begin negotiating with the highest ranked Design-Build Entity, Level 10 Construction LP;
(ii) Begin negotiating with the next highest Design-Build Entity, if having negotiating with Level 10 Construction LP, the Director of Public Works determines that the City’s interests are best served by beginning negotiations with the next highest ranked Design-Build Entity; and
(iii) Begin negotiating with each of the other Design-Build Entities in order of their ranking as the Director of Public Works deems appropriate.
(3) Authorizing the Director of Public Works to:
(i) Award and execute the Design-Build Contract for the 10233 - Building: Emergency Interim Shelter Rue Ferrari Expansion Project in an amount not to exceed $25,000,000 with the Design-Build Entity with whom the City has successfully completed negotiations;
(ii) Decide any timely bid protest(s) and make the City’s final determination as to the final rankings of Design-Build Entities that responded to the Request for Proposals for the Project; and (iii) Negotiate and execute Task Orders up to the Contract not to exceed amount as necessary to meet Project completion.
(4) Approve a contingency in the amount of 10 % of the negotiated Design-Build Contract not to exceed amount for City approved changes to the design scope and unforeseen conditions that might arise in the construction.
(5) Approve the 10233: Building: Emergency Interim Shelter Rue Ferrari Expansion Project as a “Committed Addition” to the 2024-2025 Base Budget, certifying that all operating and maintenance costs associated with the Project will be included in future Five-Year General Fund Forecasts, beginning with 2025-2029 Forecast.
(b) Adopt the following Fiscal Year 2023-2024 Appropriation Ordinance Amendments in the Homeless Housing, Assistance, and Prevention Fund:
(1) Increase the estimate for Revenue from the State of California by
December 12, 2023City Council Amended Agenda
$7,000,000; and
(2) Increase the Emergency Shelters appropriation to the Housing Department by $7,000,000;
CEQA: Determination of Consistency with the Mitigated Negative Declaration for the Emergency Interim Housing Programs Project (Resolution No. 2023-380), File No. ER23-254. Council District 2. (Public Works/Housing/City Manager)
Memorandum
Resolution
Presentation - est. 10 minutes
Attachments
December 12, 2023City Council Amended Agenda
8.2 23-1697 Actions Related to the 10338 - 1300 Berryessa Supportive Parking Project.
Recommendation: (a) Adopt a resolution:
(1) Authorizing the Director of Public Works to approve the Initial Study/Mitigated Negative Declaration prepared for the RV Safe Parking Project at 1300 Berryessa Road (Planning File No. ER23-081) in compliance with the California Environmental Quality Act and implement the related Mitigation Monitoring and Reporting Program. (2) Authorizing the Director of Public Works to:
(i) Award and execute a contract for the construction of the 10338 - 1300 Berryessa Supportive Parking Project to the lowest responsive, responsible bidder in an amount not to exceed $15,000,000; (ii) Decide any timely bid protest(s) and make the City’s final determination as to the lowest responsive bidder that is responsible as needed to award the contract; and
(iii) Approve a contingency in the amount of 15% of the contract amount.
(3) Approve the 1300 Berryessa Supportive Parking Project as a “Committed Addition” to the 2024-2025 Base Budget, certifying that all operating and maintenance costs associated with the Project will be included in future Five-Year General Fund Forecasts, beginning with the 2025-2029 Forecast.
(b) Adopt the following Fiscal Year 2023-2024 Appropriation Ordinance Amendments in the General Fund:
(1) Decrease Measure E - Interim Housing Constructions and Operations Reserve (15% HSP) by $450,000; and
(2) Increase the Measure E - Supportive Parking Site Berryessa Road (15% HSP) City-Wide Expenses appropriation to the Housing Department by $450,000.
CEQA: Draft Mitigated Negative Declaration and Initial Study for the RV Safe Parking Project at 1300 Berryessa Road (Planning File No.
ER23-081). Council District 3. (Public Works/Housing/City Manager) Memorandum
Memorandum from Mahan, Kamei, Torres, Cohen, Davis, 2.8.23 Resolution
Presentation - est. 10 minutes
Supplemental Memorandum, 12/12/2023
Attachments
9. REDEVELOPMENT – SUCCESSOR AGENCY
December 12, 2023City Council Amended Agenda
CONVENE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN JOSE
9.1 23-1698 Successor Agency to the Redevelopment Agency of the City of San José - Audited Financial Statements for Fiscal Year Ended June 30, 2023. - TO BE HEARD CONCURRENTLY WITH ITEMS 3.4 AND 3.5
Recommendation: Accept the Fiscal Year 2022-2023 Independent Auditor’s Reports and Basic Financial Statements for the Successor Agency to the Redevelopment Agency of the City of San José.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Finance)
TO BE HEARD CONCURRENTLY WITH ITEMS 3.4 AND 3.5
Memorandum
Presentation - est. 10 minutes
Attachments
ADJOURN SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN JOSE
• 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.
If the afternoon Regular Session agenda items are completed after 5:00 p.m., this Open Forum will be held at the end of the full meeting. Members of the Public may only speak at Open Forum once. • Council will recess until 6:00 p.m.
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.
CONTINUE GENERAL PLAN FOURTH REVIEW CYCLE FOR 2023 HEARING
10.1 Land Use on Consent Calendar - TO BE HEARD AT 6:00 P.M.
December 12, 2023City Council Amended Agenda
(a) 23-1699 C23-105 - City-Initiated Conforming Rezoning of Two Certain Real Properties Located at 4343 Leigh Avenue.
Recommendation: Approve an ordinance rezoning two certain real properties of approximately 4.0 acres situated at the northwest corner of Leigh Avenue and Gunston Way from the R-1-8 Single-Family Residential Zoning District to the PQP Public/Quasi Public Zoning District located at 4343 Leigh Avenue.
CEQA: Determination of Consistency with the Envision San José 2040 General Plan EIR (Resolution No. 76041) and the Envision San José General Plan Supplemental EIR (Resolution No. 77617), and Addenda thereto. (File No. C23-105). Council District 9. (Planning, Building and Code Enforcement)
TO BE HEARD AT 6:00 P.M.
Memorandum
Ordinance
Attachments
December 12, 2023City Council Amended Agenda
(b) 23-1700 GP22-004, C22-015, & ER23-055 - Privately-Initiated General Plan Amendment and a Privately-Initiated Conforming Rezoning on Certain Real Property Located on the Northeast Corner of Doyle Road and Lawrence Expressway.
Recommendation: (1) Adopt a resolution adopting the Doyle Road General Plan Amendment Project Negative Declaration, for which an Initial Study was prepared, all in accordance with CEQA, as amended.
(2) Adopt a resolution approving the General Plan Amendment to amend the Envision San José 2040 General Plan Land
Use/Transportation Diagram land use designation from
Public/Quasi-Public to Light Industrial.
(3) Approve an ordinance rezoning certain real property of approximately 1.1 gross acres situated on the northeast corner of the intersection of Doyle Road and Lawrence Expressway (APN 381-19015) from the R-1-8 Single-Family Residence Zoning District to the LI Light Industrial Zoning District.
CEQA: Doyle Road General Plan Amendment Project Initial Study/Negative Declaration (File Nos. GP22-004; C22-015; ER23-055). Planning Commission recommends approval (9-0-2, Bickford and Cantrell absent) (Item 7.a on the 11/15/2023 Planning Commission agenda). Council District 1. (Planning, Building and Code Enforcement)
TO BE HEARD AT 6:00 P.M.
Memorandum
(1) Resolution
(2) Resolution
(3) Ordinance
Attachments
December 12, 2023City Council Amended Agenda
(c) 23-1701 GP23-006 - City-Initiated General Plan Amendment to Change the Envision San José 2040 General Plan Land Use Designation for Mobilehome Parks in the City of San José.
Recommendation: Adopt a resolution amending the Envision San José 2040 General Plan Land Use designation for 12 mobilehome parks from the Residential Neighborhood General Plan Land Use designation to the Mobilehome Park General Plan Land Use designation and one mobilehome park from the Neighborhood Community/Commercial General Plan Land Use designation to the Mobilehome Park General Plan Land Use designation
CEQA: Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041) and the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No. 77617), and Addenda thereto. (File No. GP23-006). Planning Commission recommends approval (8-1-2, Garcia opposed; Bickford and Cantrell absent) (Item
7.b on the 11/15/2023 Planning Commission agenda). Council Districts 3, 4, 5, 6, 7, 8, and 9. (Planning, Building and Code Enforcement) TO BE HEARD AT 6:00 P.M.
Memorandum
Resolution
Letters from the Public
Memorandum from Mayor, Jimenez, Cohen, Doan & Foley, 12/8/2023 Attachments
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
December 12, 2023City Council Amended Agenda
10.2 23-1702 GP22-005, C23-100, C23-101, C23-102, & C23-103 - City-Initiated General Plan Amendment and City-Initiated Conforming Rezonings for Parcels Located Within and Adjacent to Willow Street Neighborhood Business District.
Recommendation: (a) Adopt a resolution amending the Envision San José 2040 General Plan Land Use/Transportation Diagram land use designation of 35 parcels from Mixed Use Commercial to Neighborhood Community Commercial, 17 parcels from Mixed Use Commercial to Mixed Use Neighborhood, two parcels from Mixed Use Commercial to Residential Neighborhood, and two parcels from Mixed Use Commercial to Open Space, Parkland, and Habitat within or directly adjacent to the Willow Street Neighborhood Business District (Calle Willow).
(b) Approve an ordinance rezoning three parcels from MUC Mixed Use Commercial Zoning District to CP Commercial Pedestrian Zoning District, one parcel from RM Multiple Residence Zoning District to CP Commercial Pedestrian Zoning District, four parcels from MUC Mixed Use Commercial Zoning District to MUN Mixed Use Neighborhood Zoning District, 13 parcels from CP Commercial Pedestrian Zoning District to MUN Mixed Use Neighborhood Zoning District, two parcels from MUC Mixed Use Commercial Zoning District to R-1-8- Single Family Residence Zoning District, and two parcels from MUC Mixed Use Commercial Zoning District to OS Open Space Zoning District located on those certain real properties in various locations within or adjacent to the Willow Street Neighborhood Business District (Calle Willow) in the City of San José.
CEQA: Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041) and the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No. 77617), and Addenda Thereto (File Nos. GP22-005, C23-100, C23-101, C23-102, & C23-103). Planning Commission recommends approval (9-0-2, Bickford and Cantrell absent) (Item 8.a on the 11/15/2023 Planning Commission agenda). Council District 3. (Planning, Building and Code Enforcement)
Memorandum
Resolution
Ordinance
Presentation - est. 5 minutes
Attachments
December 12, 2023City Council Amended Agenda
10.3 23-1703 GPT23-001 & ER23-031 - A General Plan Text Amendment to Amend the Santana Row/Valley Fair Urban Village Plan Located at 425 South Winchester Boulevard.
Recommendation: (a) Adopt a resolution adopting the 425 South Winchester Boulevard Project Mitigated Negative Declaration for which an Initial Study was prepared, and the related Mitigation Monitoring and Reporting Program, all in accordance with CEQA, as amended.
(b) Adopt a resolution amending the Envision San José 2040 General Plan pursuant to Title 18 of the San José Municipal Code to:
(1) Modify the Santana Row/Valley Fair Urban Village Plan Figure 5-2, “Building Height Diagram,” to change the allowed height from 65 feet to 85 feet for 425 S Winchester Blvd, the 0.55-gross-acre subject site; (2) Amend Figure 5-3, “New Development Adjacent to Residential Neighborhood Land Use Designation,” to modify the setback for new development when adjacent to residential and urban residential land use designations from 40 feet to 20 feet;
(3) Amend Figure 5-3, “New Development Adjacent to Residential Neighborhood Land Use Designation,” to the stepback plane for new development when adjacent to residential and urban residential land use designations from 45 degrees to 55 degrees; and
(4) Amend Figure 5-3, “New Development Adjacent to Residential Neighborhood Land Use Designation,” to no setback and no stepback plane required for new commercial development adjacent to sites that have a Residential Neighborhood land use designation with an existing legally established commercial use.
CEQA: 425 South Winchester Boulevard Project Initial Study/Mitigated Negative Declaration (File Nos. GPT23-001 & ER23-031). Planning Commission failed to make a recommendation (Item 8.a on the 12/6/2023 Planning Commission agenda). Council District 1. (Planning, Building and Code Enforcement)
Memorandum
(a) Resolution
(b) Resolution
Presentation - est. 5 minutes
Letters from the Public
Attachments
CLOSE GENERAL PLAN FOURTH REVIEW CYCLE FOR 2023 HEARING • Open Forum - continued from the afternoon
December 12, 2023City Council Amended Agenda
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.
If the afternoon Regular Session agenda items are completed before 5:00 p.m., this Open Forum will be continued from the earlier open forum. Members of the public may only speak at Open Forum once. • Adjournment
This meeting will be adjourned in honor and memory of Ms. Luc Ha Thi Le, a dedicated Community Activist who selflessly contributed to our community, particularly the Vietnamese Community, through her volunteerism as a member of Santa Clara County District 3 Roundtable, the Santa Clara County Valley Health Center Tully & Valley Health Center Milpitas Patient-Family Advisory Team, and the Santa Clara County Senior Care Commission. Her legacy of community service continues to inspire us all.
December 12, 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.
December 12, 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.