Agenda — Joint Meeting for the Rules and Open Government Committee and Committee of the Whole, February 7, 2024

Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
City of San José
Agenda
City of San José
200 East Santa Clara Street
San Jose, CA 95113
Committee Members
David Cohen, Chair
Pam Foley, Vice Chair
Sergio Jimenez, Member
Dev Davis, Member
Rosemary Kamei, Member
Committee Staff
Lee Wilcox, Assistant City Manager
Toni Taber, City Clerk
Nora Frimann, City Attorney
Rachelle Blattman, City Manager's Office
Wednesday, February 7, 2024 2:00 PM Council Chambers
How to observe the Meeting (no public comment):
1) Cable Channel 26,
2) https://www.sanjoseca.gov/news-stories/watch-a-meeting, or 3) https://www.youtube.com/CityofSanJoseCalifornia
4) By phone 888 475 4499. Webinar ID: 915 2334 6791. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free) 5) By online https://sanjoseca.zoom.us/j/91523346791.

Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 16+. Certain functionality may be disabled in older browsers including Internet Explorer.

How to submit written Public Comment for items on the agenda:
1) By email to [email protected] by 9:00 a.m. the day of the meeting.

How to provide spoken Public Comment during the Committee Meeting:

Fill out a Yellow Speaker's Card and submit it to boxes at the bottom of the Chambers.

A. City Council (City Clerk)
City of San José Page 1 Printed on 2/7/2024
Joint Meeting for the Rules and February 7, 2024
Open Government Committee and
Committee of the Whole
Agenda

1. Review Final Agenda
Review February 13, 2024 Final Agenda
a. Add New Items to Final Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
ROGC
24-499
Agenda
Add Sheet
Attachments

2. Review Draft Agenda
ROGC Review February 20, 2024 Draft Agenda - Cancelled
24-500
Notice to the public: There will be no separate discussion of individual Consent Calendar items as they are considered to be routine and will be adopted by one motion. If a member of the Committee requests debate, separate vote or recusal on a particular item, that item may be removed from the Consent Calendar by the Chair and considered separately. The public may comment on the entire Consent Calendar and any items removed from the Consent Calendar by the Chair.

B. Consent Calendar
ROGC The Public Record for January 25 - February 1, 2024. (City Clerk) 24-501

1. Recommendation: Receive and file the Public Record for January 25 - February 1, 2024.

Attachments The Public Record
ROGC Monthly Report of Activities for January 2024. (City Auditor) 24-502

2. Recommendation: Approve the Auditor’s Office Monthly Report of Activities for the month of January 2024.

Attachments Memorandum
City of San José Page 2 Printed on 2/7/2024
Joint Meeting for the Rules and February 7, 2024
Open Government Committee and
Committee of the Whole
Agenda
Retroactive Approval and Approval of Multiple District 4 Events Sponsored by Council District 4 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. (Cohen)
ROGC
24-503

3. Recommendation: 1. Retroactively approve the Lunar New Year Celebration scheduled on February 3, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

2. Approve the District 4 Dumpster Day scheduled on February 10, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

3. Approve the District 4 Tree Planting scheduled on February 24, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

4. Approve and accept donations from various individuals, businesses or community groups to support the events.

5. Place the item on the February 13, 2024 Council Agenda for action.

Attachments Memorandum from Cohen

END OF CONSENT
C. Rules Committee Reviews, Recommendations and Approvals D. 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 Committee.

E. Adjournment
The Code of Conduct (https://www.sanjoseca.gov/home/showpublisheddocument/12901/636670004966630000) 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.

The City of San José is committed to open and honest government and strives to consistently meet the community's expectations by providing excellent services, in a positive and timely manner, and in the full view of the public. The City Code of Ethics may be viewed online.

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.

City of San José Page 3 Printed on 2/7/2024
Joint Meeting for the Rules and February 7, 2024
Open Government Committee and
Committee of the Whole
Agenda
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 San José City Hall, Office of the City Clerk, 200 E. Santa Clara Street, 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body.

To request an accommodation or alternative format for City-sponsored meetings, events or printed materials, please call the Office of the City Clerk 408-535-1260 as soon as possible, but at least three business days before the meeting/event.

Access the video, the agenda and related reports for this meeting by visiting the City's website.

City of San José Page 4 Printed on 2/7/2024

CITY COUNCIL MEETING
Amended Agenda
Tuesday, February 13, 2024
1:30 PM
LOCATION:

Council Chambers - 200 E. Santa Clara Street
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)

MATT MAHAN, MAYOR
ROSEMARY KAMEI, VICE MAYOR, 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 Council Amended Agenda February 13, 2024
City of San Jose Page 2 Printed on February 7, 2024
Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.

American Disability Act: To request an alternative format agenda under the Americans with Disabilities Act for Citysponsored 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. • Adaptaciones para discapacitados serán proporcionadas a pedido. Mande correo electrónico [email protected]; Llame (408) 535-8430
• Nhu cầu cho người khuyết tật được cung cấp theo yêu cầu. Email [email protected]; Gọi (408) 535-8430 • 應要求提供殘疾人便利設施. 電子郵件 [email protected]; 致電 (408) 535-8430

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://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://sanjoseca.gov/news-stories/watch-a-meeting, or 3) https://youtube.com/CityofSanJoseCalifornia
4) By Phone: (888) 475 4499. Webinar ID is 94558095100. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free) 5) Online at: https://sanjoseca.zoom.us/j/94558095100
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.

How to submit written Public Comment before the City Council Meeting:

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 provide spoken Public Comment during the City Council Meeting:

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. 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.

City Council Amended Agenda February 13, 2024
City of San Jose Page 3 Printed on February 7, 2024
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)
Fill out a Yellow Speaker’s Card and submit it to boxes at the bottom of the Chambers. 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. You may remain anonymous, but please fill out a card so we may call you. You can put “anonymous speaker” or “no name” on the card. 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. 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. • 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
1:30 p.m.- Regular Session, Council Chambers, City Hall 1:30 p.m.- Study Session, Fiscal Year 2024-2025 Budget Priority, Council Chambers, City Hall
*To be heard immediately following the Regular Council Meeting. 6:00 p.m.- Evening Session, Council Chambers, City Hall – Cancelled *The previously scheduled Evening Session has been cancelled • Pledge of Allegiance
• Invocation (District 2)
The El Grito de la Cultura Academy dancers
• 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
• Closed Session Report
To be heard after Ceremonial Items
City Council Amended Agenda February 13, 2024
City of San Jose Page 4 Printed on February 7, 2024

1. CEREMONIAL ITEMS

1.1 Presentation of a commendation to President Cynthia Teniente-Matson for her Presidential Investiture and serving as the 31st President of San José State University. (Mayor & Torres)

1.2 Presentation of a proclamation declaring February 15, 2023 as Cholangiocarcinoma Awareness Day in the City of San José to raise much-needed awareness of a devastating cancer that occurs in the bile ducts in or outside the liver. (Foley)

2. CONSENT CALENDAR
Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately.

2.1 Approval of City Council Minutes.

City Council Amended Agenda February 13, 2024
City of San Jose Page 5 Printed on February 7, 2024

2.2 Final Adoption of Ordinances.

Recommendation:
(a) Ordinance No. 31008 - An Ordinance of the City of San José Amending Parts 1 and 2 of Chapter 24.10 of Title 24 (Technical Codes) of the San José Municipal Code as a Reach Code to Amend Requirements Related to Electric Vehicle Charging Stations in New Multifamily Developments.
[Passed for Publication on 1/30/2024 - Item 6.1 (24-68246-01)] (b) Ordinance No. 31009 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to R&D Mendes Enterprises, Inc. DBA Accurate Cleaning Systems.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (c) Ordinance No. 31010 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to All Points Roll Off, Inc. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (d) Ordinance No. 31011 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Allied Waste Services of North America, LLC DBA Republic Services of Santa Clara County.. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (e) Ordinance No. 31012 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to American Debris Box Service, Inc. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (f) Ordinance No. 31013 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Bernardini Enterprises, Inc. DBA Chip It Recycling/JD Services.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (g) Ordinance No. 31014 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to City-Wide Fibers, Inc.. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (h) Ordinance No. 31015 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to David Jaimes DBA D&L Hauling and Demolition Services..
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (i) Ordinance No. 31016 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Eco Box Recycling, Inc. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (j) Ordinance No. 31017 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Environmental Resource Recovery, Inc. DBA Valley Recycling.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (k) Ordinance No. 31018 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Evergreen Waste Services. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (l) Ordinance No. 31019 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Ferma Greenbox, Inc. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (m) Ordinance No. 31020 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Toca Debris Box, LLC. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] City Council Amended Agenda February 13, 2024
City of San Jose Page 6 Printed on February 7, 2024
(n) Ordinance No. 31021 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to G W Debris Services, LLC. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (o) Ordinance No. 31022 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Garden of Eden Landscapes, Inc.

DBA Ground Force Enterprises.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (p) Ordinance No. 31023 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Guadalupe Rubbish Disposal Co., Inc. DBA Guadalupe Recycling & Disposal facility.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (q) Ordinance No. 31024 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to United Recycle Services, LLC. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (r) Ordinance No. 31025 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Jonna Corporation, Inc. DBA Premier Recycle Company.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (s) Ordinance No. 31026 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Lam Hauling, Inc. DBA 7 Days box. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (t) Ordinance No. 31027 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Pacific Coast Recycling, Inc. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (u) Ordinance No. 31028 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Peninsula Debris Box Service, LLC. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (v) Ordinance No. 31029 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Phi Ta DBA Ta Trucking. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (w) Ordinance No. 31030 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Recology South Bay DBA Recology Silicon Valley.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (x) Ordinance No. 31031 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Redwood Services, Inc. DBA Redwood Debris Box Service Trucking, Inc.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (y) Ordinance No. 31032 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Superior Demolition Services, Inc. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (z) Ordinance No. 31033 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Uriel Del Toro DBA Del Toro Haul. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (aa) Ordinance No. 31034 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Waste Connections of California, Inc.

DBA Greenteam of San José.
[Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] City Council Amended Agenda February 13, 2024
City of San Jose Page 7 Printed on February 7, 2024
(ab) Ordinance No. 31035 - An Ordinance of the City of San José Granting a Commercial Solid Waste and Recyclables Collection Franchise to Yellowsack, Inc. [Passed for Publication on 1/30/2024 - Item 6.2 (24-68288)] (ac) Ordinance No. 31036 - An Ordinance of the City of San José Rezoning Five Properties from the A(PD) Planned Development Zoning District to MUC Mixed Use Commercial Zoning District, One Property from LI Light Industrial Zoning District to MUC Mixed Use Commercial Zoning District, One Property from R-1-8 Single-Family Residential Zoning District to MUN Mixed Use Neighborhood Zoning District, and One Property from R-1-5 Single-Family Residential Zoning District to UR Urban Residential Zoning District, All Located on those Certain Real Properties Situated within the City of San José. [Passed for Publication on 1/30/2024 - Item 10.1(a) (24-68292)] (ad) Ordinance No. 31037 - An Ordinance of the City of San José Repealing the Application of the Affordable Housing Overlay on Six Sites in North San José, Amending the Zoning District Map to Apply the Housing Element Residential Overlay on Twelve Sites Citywide, and Amending Chapter 20.65.200 Requiring the Six North San José Sites to Allow Residential Use by Right for Housing Developments in Which at Least 20 Percent of the Units are Affordable to Lower Income Households. [Passed for Publication on 1/30/2024 - Item 10.1(b) (24-68293)]

2.3 Approval of Council Committee Minutes.

2.4 Mayor and Council Excused Absence Requests.

2.5 City Council Travel Reports.

2.6 Report from the Council Liaison to the Retirement Boards.

2.7 City Manager’s Travel to Kansas City, Missouri.

Recommendation:

Authorize travel for City Manager, Jennifer Maguire to Kansas City, Missouri from April 11-13, 2024 to participate in the Large Cities Executive Forum.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)

2.8 Lease Agreement with BSREP II SJ TOWERS, LLC for Property Located at 4 North Second Street, Seventh Floor.

Recommendation:

Adopt a resolution authorizing the City Manager or her designee, to negotiate and execute a lease agreement, and all documents necessary to effectuate the lease, between BSREP II SJ TOWERS, LLC, a Delaware limited liability company, as Landlord, and the City of San José, a municipal corporation of the State of California as Tenant, for the use of approximately 17,845 square feet of office space located at 4 North Second Street, Seventh Floor for 70 months at a rental rate of $414,394.56 for the first 12 months, $569,311.60 for months 13-24, $879,145.80 for months 25-36, $906,422.40 for months 37-48, $933,699 for months 49-60, and $800,813 for months 61-70, totaling $4,503,786.36 for the term in addition to other costs associated with the lease agreement.

City Council Amended Agenda February 13, 2024
City of San Jose Page 8 Printed on February 7, 2024
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 3. (Economic Development and Cultural Affairs)

2.9 Actions Related to the Purchase Order with Security Alert Systems of California, Inc. for Burglar and Fire Alarm Monitoring, Installation, Inspection, Testing, Maintenance, and Repair Services.

Recommendation:

Adopt a resolution authorizing the City Manager or her designee to:
(a) Execute a purchase order with Security Alert Systems of California, Inc. (Gilroy, CA) for burglar and fire alarm monitoring, installation, inspection, testing, maintenance, and repair services, for a one-year term beginning on or about February 14, 2024, and ending on or about February 13, 2025, for a not-to-exceed amount of $1,500,000; and (b) Exercise up to six one-year options to extend the term of the purchase order, with the last option ending on or about February 13, 2031, 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)

2.10 Award of Contract for 10177 – 2022 Bridge Deck Treatment Project (BIC 3) (2018 Measure T).

Recommendation:
(a) Report on bids and award of a construction contract for 10177 - 2022 Bridge Deck Treatment Project to the lowest responsive, responsible bidder, American Civil Constructors West Coast LLC, in the amount of $1,467,000; and (b) Approve a 10% contingency in the amount of $146,700.

CEQA: Categorically Exempt, File No. ER23-009, Exempt pursuant to CEQA Guidelines Section 15301(c), Existing Facilities. Council Districts 2, 3, 4, 6 and 10. (Public Works/Transportation)

2.11 Acceptance of the Retirement Plans’ Annual Comprehensive Financial Reports for Fiscal Years Ending June 30, 2023 and June 30, 2022.

Recommendation:
(a) Accept the Police and Fire Department Retirement Plan Annual Comprehensive Financial Report for the Fiscal Years ended June 30, 2023 and June 30, 2022; and (b) Accept the Federated City Employees’ Retirement System Annual Comprehensive Financial Report for the Fiscal Years ended June 30, 2023 and June 30, 2022.

CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Retirement Services) City Council Amended Agenda February 13, 2024
City of San Jose Page 9 Printed on February 7, 2024

2.12 2023 Climate Grant Program for the San Fernando Mobility Hubs Project.

Recommendation:
(a) Accept and receive 2023 Climate Grant Program funds awarded for the San Fernando Mobility Hubs project.
(b) Adopt a Resolution of Local Support that indicates the City will:
(1) Follow all grant program requirements and delivery timelines; and (2) Authorize the City Manager or her designee to negotiate and execute all documents necessary to effectuate the Climate Grant Program funds in an amount not to exceed $1,139,000 for the San Fernando Mobility Hubs project.

CEQA: Categorically Exempt, File No. ER23-009, CEQA Guideline Section 15301(c) Existing Facilities. Council District 3. (Transportation)

2.13 Clean Mobility Options Voucher Pilot Program for Bikeshare en Mayfair Project.

Recommendation:
(a) Accept and receive Clean Mobility Options Voucher Pilot Program grant funds awarded for the Bikeshare en Mayfair Project.
(b) Adopt a Resolution of Local Support that indicates the City will:
(1) Follow all grant program requirements and delivery timelines; and (2) Authorize the City Manager or her designee to negotiate and execute all documents necessary to effectuate the Clean Mobility Options Voucher Grant in an amount not to exceed $1,500,000 for the Bikeshare en Mayfair Project.

CEQA: Categorically Exempt, File No. ER23-009, CEQA Guideline Section 15301(c) Existing Facilities. Council District 5. (Transportation)

2.14 Recertification of the Sewer System Management Plan.

Recommendation:

Approve the Sewer System Management Plan prior to submission to the State Water Resources Control Board.

CEQA: Categorically Exempt, File No. ER23-189, CEQA Guidelines Section 15301(b), Existing Facilities and CEQA Guidelines Section 15302, Replacement or Reconstruction. (Transportation/Environmental Services/Public Works)

2.15 Retroactive Approval and Approval of Hoffman Via Monte Property Owner’s Meetings Sponsored by Council District 10 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 January 31, 2024:
(a) Retroactively approve the Hoffman Via Monte Property Owner’s meeting scheduled on January 11, 2024 as a City Council sponsored Special Event and approve the expenditure of funds;
(b) Approve future Hoffman Via Monte Property Owner’s meetings occurring bi-monthly until June 30, 2024 as City Council sponsored Special Events and approve the expenditure of funds; and
(c) Approve and accept donations from various individuals, businesses or community groups to support the events.

City Council Amended Agenda February 13, 2024
City of San Jose Page 10 Printed on February 7, 2024
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Batra)
[Rules Committee referral 1/31/2024 – Item B.3]

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 Approval of the 2023-2024 Mid-Year Budget Review Report.

Recommendation:
(a) Approve the 2023-2024 Mid-Year Budget Review Report. (b) Approve an ordinance amending Chapter 4.80 of Title 4 of the San José Municipal Code to add a new Part 84 to establish the San José Opioid Response Fund. (c) Extend 3.0 Fire Captain positions in the Fire Department to June 30, 2024. (d) Adopt related Appropriation Ordinance and Funding Sources Resolution amendments in various funds as detailed in Section III (Recommended Budget Adjustments and CleanUp Actions) of the 2023-2024 Mid-Year Budget Review Report.

CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action; 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. (City Manager)

3.4 2023-2024 City Council Focus Areas Second Quarter Status Report.

Recommendation:

Accept the second quarter status report on the implementation of the Fiscal Year 2023- 2024 City Council Focus Areas.

CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Manager)

4. PUBLIC SAFETY

5. TRANSPORTATION & AVIATION SERVICES

6. ENVIRONMENTAL & UTILITY SERVICES
City Council Amended Agenda February 13, 2024
City of San Jose Page 11 Printed on February 7, 2024

6.1 Long Term Power Purchase Agreement with Zeta Solar, LLC. - TO BE HEARD

IMMEDIATELY AFTER CONSENT
Recommendation:

Adopt a resolution authorizing the Director of the Energy Department or her designee to negotiate and execute a long-term power purchase agreement with Zeta Solar, LLC, a subsidiary of Longroad Development Company, LLC, to buy renewable energy, renewable energy credits, resource adequacy, battery tolling rights, and attributes associated with a solar photovoltaic and battery storage facility for a term of 20 years beginning 2027 through 2047, in an estimated annual amount of $11,227,000 and a not-to-exceed amount of $224,540,000 in aggregate, to be paid solely from the San José Clean Energy Operating Fund and 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)

TO BE HEARD IMMEDIATELY AFTER CONSENT

7. NEIGHBORHOOD SERVICES

8. COMMUNITY & ECONOMIC DEVELOPMENT

8.1 Approval of an Exception to the City Multifamily Housing Revenue Bond Policy Allowing View at Julian Affordable Housing Development to Use an Alternate Bond Issuer and Hold the Tax Equity and Fiscal Responsibility Act Hearing for California Municipal Finance Authority's Issuance of Tax-Exempt Multifamily Revenue Bonds to Finance View at Julian Affordable Housing Development. – TO BE HEARD AFTER ITEM 6.1
Recommendation:
(a) Adopt a resolution authorizing an exception to the City Council’s Multifamily Housing Revenue Bond Policy, Council Policy 1-16, for the issuance of Multifamily Housing Revenue Bonds for View at Julian due to special circumstances, thereby allowing the California Municipal Finance Authority to issue the bonds. (b) Hold a Tax Equity and Fiscal Responsibility Act of 1982 public hearing for the issuance of $90,000,000, not to exceed $125,000,000, of tax-exempt multifamily housing revenue bonds by the California Municipal Finance Authority, to finance the construction of a 300-unit multifamily rental housing development to be located at 950-970 West Julian Street in San José by JEMCOR Development Partners, LLC; and to pay certain expenses incurred in connection with the issuance of the bonds.
(c) Adopt a resolution approving the issuance of tax-exempt multifamily housing revenue bonds by the California Municipal Finance Authority in an aggregate principal amount of $90,000,000, not to exceed $125,000,000, to finance the construction of a new 300-unit multifamily affordable rental housing development to be located at 950-970 West Julian Street in San José, and to pay certain expenses incurred in connection with the issuance of the bonds.

CEQA: Categorically Exempt, File No. H21-044, CEQA Guidelines Section 15332 Infill Development Projects. Council District 6. (Housing/Finance) – TO BE HEARD AFTER ITEM 6.1

9. REDEVELOPMENT – SUCCESSOR AGENCY
City Council Amended Agenda February 13, 2024
City of San Jose Page 12 Printed on February 7, 2024

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.

No Land Use Items on Consent Calendar

10. Land Use - Regular Agenda

END OF CONSENT CALENDAR
• Open Forum
Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. • Adjournment
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].

City Council Amended Agenda February 13, 2024
City of San Jose Page 13 Printed on February 7, 2024

ABOUT THE AGENDA
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.

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://sanjoseca.primegov.com/public/portal?fromiframe=1. Council Meetings are televised live and rebroadcast on Channel 26.

City Council Amended Agenda February 13, 2024
City of San Jose Page 14 Printed on February 7, 2024

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.

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.

City Council Amended Agenda February 13, 2024
City of San Jose Page 15 Printed on February 7, 2024
(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.

RULES COMMITTEE
February 7, 2024
Agenda Item: A.1.a

Page 1 ends

FEBRUARY 13, 2024 – AMENDED AGENDA
PROPOSED ADDITIONS – PRINTED AGENDA

APPROVAL OF THE REQUESTS BELOW INCLUDES A SUNSHINE WAIVER

MAYOR AND COUNCIL REQUESTS

2.4 Mayor and Council Excused Absence Requests.

Recommendations
Request for an excused absence for Councilmember Batra from the Regular Meeting of City Council on February 6, 2024 due to illness.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Batra)
CITY MANAGER’S REQUESTS
CITY ATTORNEY’S REQUESTS
CITY CLERK’S REQUESTS
RULES COMMITTEE: 2/7/2024
Item: B.1
File ID: ROGC 24-501
TO: Honorable Mayor & FROM: Toni J. Taber, CMC
City Council City Clerk
SUBJECT: The Public Record DATE: February 7, 2024
January 25, 2024 – February 1, 2024

ITEMS FILED FOR THE PUBLIC RECORD
Letters from Boards, Commissions, and Committees

1. Letter from Clean Energy Community Advisory Commission, dated January 29, 2024, regarding: Final Report of CECAC’s Ad Hoc Subcommittee on Goals for SJCE.

Letters from the Public

2. Letter from Bruce Merle Galbraith, dated January 28, 2024, regarding: Bruce merle Galbraith 95133 - 1/23/24 Agenda item 10.4 - Fast Mart.

3. Letter from Tere Johnson, dated January 29, 2024, regarding: Support of historic Almaden Vineyard landmark.
____________________________
Toni J. Taber, CMC
City Clerk
TJT/tt
January 29, 2024
To: San Jose Mayor and Councilmembers
From: Victor Niemeyer, last Chair of the Clean Energy Community Advisory Commission (CECAC) Subject: Final Report of CECAC’s Ad Hoc Subcommitee on Goals for SJCE Before the San Jose Clean Energy Community Advisory Commission ended its term in December 2023 (to be merged with the Climate Commission in 2024) it launched an Ad Hoc Subcommitee on goals for SJCE.

The intent was to capture and communicate the Commission’s views on SJCE’s priori�es for the future.

The primary goals for SJCE iden�fied by the CECAC were:
• Reduce carbon emissions
• Support financially challenged ratepayers
• Protect sub-areas of the city facing the brunt of power outages In support of these goals, the CECAC suggested that SJCE budget for 2024 include:
• $8M for program funding (electrifica�on, EV incen�ves, and backup power) • $6M to increase SJCE’s GHG-free power share
• Slower growth in opera�ng reserves as needed to meet these costs I here submit the final report of the Ad Hoc Subcommitee for Council considera�on.

Public Record: 1

Executive Summary:

SJCE 2024 budget recommendations
In Oct. 2023, SJCE shared its proposed
2024 budget with CECAC, featuring:

In Nov. 2023, CECAC reviewed and
recommended a revised budget, featuring:

A priority on maintaining the 180-day operating
reserve
A focus on balancing operating reserves and
program investments
A $4M programs budget An $8M programs budget
No GHG-free attribute additions A $6M purchase of GHG-free attributes (offsetting Diablo loss)
No additional SJ CARES funding No additional SJ CARES funding No additional rate reductions No additional rate reductions The CECAC is asking the Council to approve a budget with a longer build (post-’24) to the 180-day operating reserve, to invest ~7.5 days of reserve funds in carbon-reduction and resilience programs and GHG-free attributes

CECAC Key Goals: Carbon, Equity, Reliability
▪ Reduce carbon emissions
▪ Support financially challenged ratepayers
▪ Protect sub-areas of the City facing the brunt of power outages Concrete Paths to Pursue Goals:
▪ Promote electrification with meaningful carbon reduction – EV adoption incentives
– Subsidies for home electrification
▪ Increase SJCE CARE discount for low-income customers
▪ Provide/subsidize backup power for SJ customers in high-outage neighborhoods
5 © 2023 Victor Niemeyer. All rights reserved.

Spending Sensitivities: Opportunities vs Reserve Days
Spending and Reserves Tables ($ millions) Sensitivities Spending Category (from Rates presentation slides)
SJCE
2024 Plan
(11/2/23)
20%
CARE
Discount
Double
Programs
Budget
2% Rate
Cut, Zero
Programs
Cost for
GHG-free
Label
• Rates: Additional discount for SJ Cares? 1% discount
~$550k annually $0 $6
• Programs: Current budget assumes ~$4M for
programs beyond SJ Cares in CY 2024 $4 $8
• Reduce GreenSource rates – 1% reduction ~$5.8M,
with a ~4.5-day SJCE operating reserve reduction $0 $12 • Power mix: In 2024, no “free” nuclear allocation. Cost is ~$5-7M to buy GHG-free attributes to maintain ~95%
carbon-free mix $0 $6
Reserves: what's left given spending on above actions $234 $233 $230 $226 $232 CY2024 Days reserve 180.0 178.8 176.9 174.2 178.5
6 © 2023 Victor Niemeyer. All rights reserved.

CECAC Discussion and Areas of Consensus (11/2/23)
▪ Chair Niemeyer led a discussion to provide SJCE feedback on financial goals and 2024 rate-setting
▪ SJCE staff explained the financial trade-offs between reaching financial reserves goals in 2024 and funding programs, rate reductions and buying GHE-free power attributes ▪ CECAC was disappointed in the reserves goal funding increases (to accommodate higher power prices), and interested in whether the 180-day goal, the 30% estimated power cost increase, and the 1-year catch-up requirement were all firm requirements, or subject to reconsideration by the staff or the Council ▪ If there is room for flexibility, the commissioners encouraged staff to propose stretching the timeline to build 180 days of financial reserves more gradually beyond 2024, to increase programs funds and purchase carbon-free power 11/2/23 CECAC minutes:
https://sanjose.legistar.com/View.ashx?M=M&ID=1132790&GUID=32A52944-485A-4AF8-B95A-693782E20E62&G=920296E4-80BE-4CA2-A78F-32C5EFCF78AF0 7 © 2023 Victor Niemeyer. All rights reserved.

The Choice is Up to The Council
▪ We applaud the Council for launching SJCE in 2017 and directing it to aggressively pursue California renewable energy policy
▪ Yet volatile markets and a shifting regulations have held-back SJCE’S founding promise to fund community programs and materially lower rates ▪ We applaud SJCE’s successful responses to these challenges, leading to stable rates and strong financial reserves
▪ We believe SJCE now has the financial strength to return to its founding vision in 2024
▪ The Council has a golden opportunity to make this happen

Appendix 1
Opportunities for SJCE in 2024

11 © 2023 Victor Niemeyer. All rights reserved.
1) Launch Community Programs: Overview
▪ Programs key to initial SJCE vision but no funding to date ▪ Program specifics TBD, ideally with Climate Commission input ▪ CECAC priorities:
– Reduce tons of carbon emissions through electrification ▪ Subsidize heating and water heating heat pumps?
▪ Promote/subsidize EV deployment?
– Subsidize backup power to vulnerable neighborhoods (Almaden)? ▪ Staff proposed $4m in initial budget plan for 2024
($-for-$ out of SJCE budget)
12 © 2023 Victor Niemeyer. All rights reserved.
2) Buy GHG-free Attributes for Power: Overview
▪ GHG-free refers to power from Diablo Canyon and large dams ▪ SJCE no longer receives shares of this power through PG&E ▪ Some City, SJCE, and business customer goals set as “GHG-free” ▪ Renewable power also GHG-free but tracked separately
– Renewable power purchases reduce CO2 by displacing gas – GHG-free attributes purchases do not displace gas, do not reduce CO2 (see following chart)
▪ Staff estimates $5-$7m to replace the GHG-attributes in 2024, not in proposed 2024 plan ($-for-$ out of SJCE budget)

14 © 2023 Victor Niemeyer. All rights reserved.
3) Increase Discount for SJ Cares
▪ SJ Cares program currently discounts SJCE rates for low-income customers by 10%
▪ Applies to ~75k residential customers below 2X poverty line ▪ Discount increased to 10% from 5% in 2023
▪ Increasing SJ Cares discount by another 10% costs budget $5.5m, not in proposed 2024 plan ($-for-$ out of SJCE budget)
15 © 2023 Victor Niemeyer. All rights reserved.
4) Decrease GreenSource Rate
▪ GreenSource is SJCE’s core rate
▪ Currently 0.4% ($0.60/mo) below PG&E generation rate
▪ Current plan is slight increase in 2024, ~$1.50/mo per customer ▪ Cutting SJCE’s GreenSource rate partially off-sets recent and expected PG&E delivery rate increases
▪ Reducing SJCE’s GreenSource rate by 2% costs ~$11.6m, not in proposed 2024 plan ($-for-$ out of SJCE budget)
– 2% rate reduction averages $1.30/month/customer
16 © 2023 Victor Niemeyer. All rights reserved.
5) Increase SJCE Reserves $48m to $233m in 2024
▪ Reserve policy newly implemented in 2023 following unexpected need to extend $90m of credit to SJCE in 2021* (w $47m loss) ▪ Strong earnings in 2022 and 2023 have paid off almost all debt and built a $185m reserve (180 days per policy)
▪ SJCE budget proposes increasing reserve to $233m in 2024 due to anticipated 30% increase in power costs
▪ Lowering 2024 reserve goal 10 days to 170 days increases budget ~$13m (note this option derived from SJCE staff presentation, but not suggested by staff)
* https://sanjose.legistar.com/View.ashx?M=F&ID=11473655&GUID=F90195E1-44A9-4D6C-AB9B-9BA8B288DF49 1/30/24, 3 25 PM Mail Rules and Open Government Committee Agendas Outlook https //outlook office365 com/mail/rulescommitteeagenda@sanjoseca gov/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT 1/2 [External Email]
Fw: Bruce merle Galbraith 95133 1/23/24 Agenda item 10.4 Fast Mart Agendadesk <[email protected]>
Mon 1/29/2024 8:36 AM
To:Rules and Open Government Committee Agendas <[email protected]> From: City Clerk <[email protected]>
Sent: Monday, January 29, 2024 7:51 AM
To: Agendadesk <[email protected]>
Subject: FW: Bruce merle Galbraith 95133 - 1/23/24 Agenda item 10.4 - Fast Mart From: District 5 United
Sent: Sunday, January 28, 2024 7:56 PM
To: ; District2 <[email protected]>; District3 <[email protected]>; District4 <[email protected]>; District5 <[email protected]>; District 6 <[email protected]>; District7 <[email protected]>; District8 <[email protected]>; District9 <[email protected]>; District 10 <[email protected]>; District1 <[email protected]>; The Office of Mayor Matt Mahan <[email protected]>; City Clerk <[email protected]> Subject: Bruce merle Galbraith 95133 - 1/23/24 Agenda item 10.4 - Fast Mart Dear City Council,
Honorable Mayor and Esteemed Councilmembers,
I write respectfully to ask that you decline Fast Mart’s application for a liquor license at 1484 S. White Rd. SJ 95127. As a member of the community, we work hard to improve the quality of life for our neighbors. In our community, we do our best to patronize our local businesses and wish only great success to the owners of this store. However, our community prioritizes the safety and well-being of our many residents and neighborhood over the success of a single business. • The site has a history of high call volumes to the SJPD. Please be reminded that it is our neighbors who place these calls for service. Since the site has been without a liquor license, the call volumes have decreased significantly.
• The site is less than 50 ft. away from an apartment building with families, and about 150 ft. away from single-family homes. Neighbors have reached out to their Neighborhood Association for help in alleviating disruptive behavior and crime at this location in the past • The site is within 500 ft of a K-12 school, less than 1500 ft. of our Mt. Pleasant High School, and within a half mile from our Mt. Pleasant Elementary School. • The denial of this liquor license does not prevent a person from buying alcohol. A 7-11 is within 50 ft. and two grocery stores and two liquor stores are located less than a mile away • Although the application may be consistent with the literal Envision San Jose 2040 General Plan for Public Record: 2
1/30/24, 3 25 PM Mail Rules and Open Government Committee Agendas Outlook https //outlook office365 com/mail/rulescommitteeagenda@sanjoseca gov/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT 2/2 This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Land Use and Employment Policy IE 2.6, increased alcohol taxes likely do not off set the costs of deploying police personnel or Code Enforcement personnel to mitigate crime and blight • A February 28, 2023 letter to the applicant notes that “Neighborhood/Community Commercial uses typically have a strong connection to and provide services and amenities for the nearby community and should be designed to promote that connection with an appropriate urban form that supports walking, transit use and public interaction.” Increased alcohol purchases and consumption do not promote connection with the neighborhood
• Also noted in the February 28, 2023 letter to the applicant, I agree that increasing the number of sites selling off sale alcohol in our neighborhood is consistent with the following:
o Adversely affect the peace, health, safety, morals, or welfare of persons residing or working in the surrounding area; or
o Impair the utility or value of property of other persons located in the vicinity of the area; or o Be detrimental to public health, safety or general welfare.

In summary, I ask that you deny this application and place the quality of life of the immediate neighborhood as the highest of priority.

No liquor store near any school !!!
or Marijuana Dispensaries near a school.

This should be COMMON Sense.

Bruce merle Galbraith
95133
You may not use my contact information for any purpose other than to respond to my concern regarding the topic listed above, nor may you share my address with any other organization(s) or individual(s).

This mail was sent on behalf of a San Jose resident via District 5 United https://www.district5united.org
Community Working Together
2/1/24, 11:39 AM Mail - Rules and Open Government Committee Agendas - Outlook Fw: Support of historic Almaden Vineyard landmark
Agendadesk <[email protected]>
Mon 1/29/2024 10:48 AM
To:Rules and Open Government Committee Agendas <[email protected]> From: Tere Johnson
Sent: Monday, January 29, 2024 10:03 AM
To: City Clerk <[email protected]>
Subject: Support of historic Almaden Vineyard landmark
[External Email]
You don't often get email ‘vor Leam why this is important Hello San Jose City Clerk,
Can you please forward the attached email to the San Jose Council and include it in the February 6th meeting agenda packet? I currently plan to attend the meeting to read it and expand as I have time.

Thank you. I have not attended a city council meeting so please let me know if there is additional information that would be helpful to me.

Thank you!
Tere
Dear San Jose City Council,
Iam a Sth generation Santa Clara County resident, raised in San Jose and currently reside in Morgan Hill. I am writing to make you aware of the current condition of the remaining historic Almaden Vineyards structures, located in current day Almaden Winery Park, and ask for your support to address their ongoing disrepair.

Almaden Vineyards, originally named New Almaden Vineyards after the nearby mercury mining town, was founded in 1852 and is the oldest commercial winery in California. The property was placed on the California State Park Office of Historic Preservation List on 7/19/1953. I attached a compilation of historic photos as well as photos of the property's current condition.

Michele Dexter, Chief of Staff for District 10 Councilmember Batra, has been helpful in providing an update on the property. As Michele shared, she and Marvin Bamburg, of the Friends of the Winemakers (FOW), have been working for a few years on preservation efforts that — would ultimately transform the original cellar into a wine museum. Most recently, they have been working with PRNS to transfer funding that Mayor Liccardo secured in the budget for FOW to hire a consultant to perform a fundraising feasibility study. She expects the study to begin soon, be completed after several months, and know more about the preservation plan by summer or fall of this year.

While I appreciate the FOW's efforts, plans for a museum and restoration of the buildings appear to be in the early stages of securing project capital, and I am concerned about the short-term protection of the structures. As you can see in the pictures, the structures are in a state of disrepair and vulnerable to vandalism. The modest security around the property is aged and has been breached, as evidence of holes cut into it.

I encourage the Council to agendize this item for a future meeting to 1) Short term: find funds and install a newer, taller, stronger security fence around the property, 2) Long term: proactively consider a preservation backup plan in the event the winery museum does not happen.

The property is too historically valuable to the city, county and state to be left in a state of arrested development and remain vulnerable to further damage by natural or unnatural forces. It would be devastating for someone to start a fire and lose the structures similar to losing the Nelson-DeLuz historic house at History San Jose Park last year.

I'm guessing that your constituents who live in the surrounding neighborhood and take their families to Almaden Winery Park would like to see improvements made as well.

Thank you for your attention on this matter.

Respectively,
Tere Johnson
https://outlook. office365.com/mail/[email protected]/AAMkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2QOLTZjNMZjNTK5MTCONWw... 1/10 Public Record: 3
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TO: Rules & Open Government Committee FROM: Joe Rois,
City Auditor
SUBJECT: Monthly Report of Activities for DATE: February 1, 2024 January 2024

RECOMMENDATION
Approve the Auditor’s Office Monthly Report of Activities for the month of January 2024.

SUMMARY OF RESULTS
Charter Section 8.05(e) requires the City Auditor to submit a monthly report to the City Council of our activities, findings, and recommendations. This report summarizes reports issued, other activities, assignments in process, and the status of the City Auditor’s Fiscal Year (FY) 2023-24 Work Plan during the month of January 2024.

Activities During the Month of January:

1. Presented the Annual Report on City Services to the City Council. The report is online at https://www.sanjoseca.gov/your-government/appointees/cityauditor/services-report.

Information on the status of the City Auditor’s FY 2023-24 Work Plan is attached. On behalf of the Auditor’s Office, I would like to express my appreciation to City staff for their cooperation and assistance during our reviews.

Joe Rois
City Auditor
Attachment
RULES COMMITTEE AGENDA: 2/7/2024
ITEM: B.2

RULES AND OPEN GOVERNMENT COMMITTEE
Monthly Report of Activities for January 2024

Page 2 ends

Status of the City Auditor’s FY 2023-24 Audit Work Plan As of January 2024
Objective Status Issuance
Date
Assignments Completed

1. Integrated Waste Management
Inspection Programs
Evaluation of the Integrated Waste Management (IWM)
Enforcement Program’s service delivery. (IWM ranked high on the Citywide risk assessment; open audit request related to IWM) Completed September
2023

2. Performance measure review
(Housing Department)
Recurring projects to assess the validity and usefulness of performance metrics by City departments, programs, or City Service Areas. This work is intended to be ongoing to augment the Annual Services Report and assist the Administration to enhance the City’s performance management systems in
alignment with the “Outcome, Equity Indicators, and
Performance Management” City Roadmap initiative.
(Councilmembers have made requests about the City’s performance measurement and management in prior years)
Completed September
2023

3. Semi-annual audit
recommendation status report
Report on the implementation status of all open audit
recommendations as of June 30, 2023. Completed September 2023

4. Semi-annual compliance review
of the City’s investment program
(contracted audit service)
The City’s investment policy requires semi-annual compliance audits of the City’s investment portfolio. The City’s outside financial statement auditor, Macias, Gini & O’Connell (MGO), will conduct agreed-upon procedures to test for compliance as of June 30, 2023.

Completed September
2023

5. Office of Retirement Services Audit to cover, at a minimum, the following areas: 1. Identifying internal process controls for financial activities such as accounting, purchasing, and contracting; 2. Identifying policies and procedures around information systems and security; 3.

Compliance with City policies for financial activities, information systems and security, and other relevant administrative functions; and 4. A comparison of governance structures of other pension plans, including board oversight of management’s administrative functions and responsibilities. (Added to work plan at August 9 meeting of the Rules Committee based on request from the Mayor and two Councilmembers)
Interim
Work
Completed
Interim
Report -
October
2023

6. Biennial peer review for
FYs 2021-22 and 2022-23
(contracted audit service)
The City Charter requires a performance audit of the Office of the City Auditor be conducted at least once every two years. To fulfill this requirement, the Office participates in the Association of Local Government Auditors’ peer review program. The last peer review was conducted in 2021.

Completed October
2023

7. Annual audits of voter-approved
bond and parcel tax measures
(contracted audit service)
The independent certified public accounting firm Macias Gini & O’Connell LLP (MGO) will conduct audits of the Branch Library Bond Projects Fund, the Parks and Recreation Bond Projects Fund, the Library Parcel Tax Fund, and the Public Safety and Infrastructure (“Measure T”) Bond Fund satisfying the City’s obligation for guaranteed annual audits.

Completed
October
2023

8. Annual performance review of
Team San Jose and the
Convention and Visitors Bureau
Annual review to determine whether Team San Jose met their performance metrics as of June 30, 2023. Completed November 2023

9. Building permitting Assess the timeliness of the building permit process for singlefamily residential additions or alterations, including accessory structures. (Request by Councilmember)
Completed November
2023

RULES AND OPEN GOVERNMENT COMMITTEE
Monthly Report of Activities for January 2024

Page 3 ends

Objective Status Issuance
Date

10. Compliance review of San José
Clean Energy’s risk management
practices
(contracted audit service)
MGO will conduct tests of San José Clean Energy (SJCE)
investment and risk management practices to ensure compliance with the City’s Energy Risk Management Policy and Energy Risk Management Regulations as of FY Ended June 30, 2023.

Completed
November
2023

11. Annual Report on City Services
2022-23
16th annual report providing data about the cost, quality, quantity, and timeliness of City services. The report incorporates existing performance measurement data, showing ten-year historical trends, a variety of comparisons to other cities, and the results of a resident survey. The Office will also maintain an online dashboard of CSA dashboard measures.

Completed December
2023
Assignments in Process

12. Annual external financial audit
and single audit
(contracted audit service)
The City Charter requires an annual audit of the City’s financial transactions. MGO will conduct the annual audits of the Annual Comprehensive Financial Reports of the City and the Airport.

MGO will also conduct audits of the financial statements of the Successor Agency to the Redevelopment Agency, Convention Center, Deferred Compensation, Tier 3 Defined Contribution Plan, Voluntary Employee Beneficiary Association (VEBA), Metropolitan Transportation Commission (MTC) grant
compliance, South Bay Water Recycling, San José Clean Energy (SJCE), and the Single Audit (including Airport passenger facility charges and customer facility charges). An audit of expenditures under a California Violence Intervention & Prevention Grant was added in November 2023.

Single Audit
in process
(all other
projects
completed)
September
2023 –
February
2024
(projected)

13. Non-management employee
performance appraisals
“% of Non-Management Employee Performance Appraisals Completed on Schedule” is a dashboard performance measure in the Adopted Operating Budget’s Strategic Support City Service Area.

According to data provided to the City Auditor’s Office for the Annual Services Report, just 52 percent of non-management employees had on-time performance appraisals in FY 2020-21. (Open audit request and the Lead and Manage the Organization core service ranked high on the Citywide risk assessment)
In process
February
2024
(projected)

14. Language Accessibility Assess City communications for compliance with the City’s Language Access Policy (now the Language Equity Policy and Guidelines). (CMO’s Lead and Manage the Organization core service ranked high on the Citywide risk assessment)
In process
March
2024
(projected)

15. Office of Retirement Services Audit to cover, at a minimum, the following areas: 1. Identifying internal process controls for financial activities such as accounting, purchasing, and contracting; 2. Identifying policies and procedures around information systems and security; 3.

RULES AND OPEN GOVERNMENT COMMITTEE
Monthly Report of Activities for January 2024

Page 4 ends

Objective Status Issuance
Date

16. Semi-annual audit
recommendation status report
Report on the implementation status of all open audit
recommendations as of December 31, 2023. The Office will also maintain an online dashboard of audit recommendations.

In process
March
2024
(projected)

17. San José Animal Care and
Services
(Added on October 11, 2023)
Audit covering various aspects of Animal Care and Services’ operations and comparisons against industry standards, as directed by the Mayor and multiple Councilmembers. (Added to the work plan by the Rules Committee on October 11, 2023) In process TBD
Assignments Not Yet Started

18. Semi-annual compliance review
of the City’s investment
program
(contracted audit service)
The City’s investment policy requires semi-annual compliance audits of the City’s investment portfolio. The City’s outside financial statement auditor, Macias, Gini & O’Connell (MGO), will conduct the agreed-upon procedures to test for compliance as of December 31, 2023.

Not
started
March
2024
(projected)

19. Access to and use of critical
services by traditionally
marginalized communities
Assess and provide recommendations related to departmental efforts around progress on Racial Equity Action Plans, resources available for equity-related work, collection of data on participants or parties impacted by services, and/or other related areas. (Mayor provided direction to explore an audit scope in this area in the March Budget Message)
Not
started TBD

20. Tenant Protection Ordinance Review the assessment and use of Tenant Protection Ordinance fees. (Councilmember request)
Not
started TBD

21. Park in-lieu fees Assessment of collection, tracking, and use of park in-lieu fees. (Outstanding requests from resident and former Mayor)
Not
started TBD

22. Encumbrances Review encumbrances for compliance with the City’s Encumbrance Policy (CPM 5.1.12). The General Fund had a $53 million Encumbrance Reserve in the FY 2023-24 Proposed
Operating Budget. This is nearly 40 percent higher than five years ago. (Outstanding request from a resident)
Not
started TBD

23. Police overtime follow up
report
Assess controls around overtime in the Police Department. This is a follow up to the City Auditor’s 2016 Police Overtime and 2021 Police Staffing, Expenditures, and Workload audits. (Outstanding audit request)
Not
started TBD
Note: The approved work plan includes 20 projects. The two semi-annual recommendation status reports are listed as one project but separated here to show progress. Similarly, the two semi-annual compliance reviews of the City’s investment program are listed as one project on the work plan but separated here. Lastly, the Office of Retirement Services is listed as one project; however, the Office issued an interim report on controls and will report on the remaining elements from Council’s direction separately.

The City Auditor’s Fiscal Year 2023-24 Work Plan is online at:
https://www.sanjoseca.gov/your-government/appointees/city-auditor/annual-work-plans RULES COMMITTEE AGENDA: 2/7/2024
ITEM: B.3
TO: HONORABLE MAYOR AND

CITY COUNCIL
FROM: Councilmember David Cohen
District 4
SUBJECT: SEE BELOW DATE: January 30, 2024
APPROVED:

SUBJECT: APPROVAL OF MULTIPLE DISTRICT 4 EVENTS AS CITY COUNCIL

SPONSORED SPECIAL EVENTS TO EXPEND CITY FUNDS AND ACCEPT

DONATIONS OF MATERIALS AND SERVICES FOR THE EVENT

RECOMMENDATION

1. Retroactively approve the Lunar New Year Celebration held on Saturday, February 3, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

2. Approve the District 4 Dumpster Day that will be held on Saturday, February 10, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

3. Approve the District 4 Tree Planting that will be held on Saturday, February 24, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.

4. Approve and accept donations from various individuals, businesses, or community groups to support the event.

5. Place the item on the Tuesday, February 13, 2024 Council Agenda for action.

BACKGROUND
On February 1, 2005, the City Council adopted Resolution No. 72517 which requires Councilmembers to submit a memorandum to the Rules Committee regarding proposed City Council sponsored Special Events and the proposed use of any funds.

The Lunar New Year Celebration was held on Saturday, February 3, 2024 from 10:00am to 1:00pm at the Berryessa Branch Library. The purpose of this event was for San Jose Residents to commemorate the Lunar New Year by enjoying cultural performances, crafts, and light refreshments. This event was free and open to the public.

The District 4 Dumpster Day will be held on Saturday, February 10, 2024 from 8:00am to 12:00pm at the Berryessa Community Center. The purpose of this event is for District 4 residents to come

HONORABLE MAYOR AND CITY COUNCIL
01/30/2024
Subject: District 4 Special Events

Page 2 ends

Rev 1/2018
together and properly dispose of unwanted items, beautifying their community and environment.

This event is free and open to the public.

The District 4 Tree Planting will be held on Saturday, February 24, 2024 from 9:00am to 12:00pm at Noble Park and Penitencia Creek Trailhead (Reach 2). The purpose of this event is to beautify the park by planting 22 trees and empower volunteers to become environmental stewards of their community. This event is free and open to the public.

ANALYSIS
Approval by the City Council of the event will ensure compliance with the Council’s prior direction regarding Council Special Events. In observance of existing fundraising disclosure requirements, Councilmember David Cohen will report any cash or in-kind donations received for the event on their Disclosure of Fundraising Report (DFR-1). Approval of this memorandum will enable Council District 4, City departments and the Office of the City Clerk to proceed with the event. Any cash donations received will be processed pursuant to the City’s normal financial and budgetary procedures.

PUBLIC OUTREACH/INTEREST
The Office of the City Clerk will post the item on the City’s Website for the Wednesday, February 7, 2024 Committee Agenda and the Tuesday February 13, 2024 City Council Agenda.

CEQA
Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment.

Reviewed by:

TONI J. TABER, CMC
City Clerk
For questions, please contact Toni Taber, City Clerk, at (408) 535-1260.

Joint Meeting for the Rules and Open Government Committee and Committee of the WholeFebruary 7, 2024

Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
February 7, 2024