CITY COUNCIL MEETING
Minutes
Tuesday, March 19, 2024
1:30 PM
LOCATION:
Council Chambers - 200 E. Santa Clara Street
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
• Call to Order and Roll Call
9:33 a.m. - Closed Session. See pages 14-19 for Closed Session Minutes.
Present Councilmembers: Batra, Foley, Candelas, Doan, Ortiz, Cohen, Kamei, Mahan.
Absent Councilmembers: Jimenez, Torres, Davis.
1:37 p.m. - Regular Session.
Present Councilmembers: Batra, Foley, Candelas, Doan, Davis, Ortiz, Cohen, Torres, Jimenez, Kamei, and Mahan.
Absent Councilmembers: All present.
• Pledge of Allegiance
Mayor Matt Mahan led the Pledge of Allegiance.
• Invocation (District 3)
San José Taiko offered the invocation with an innovative performance, demonstrating diverse voices, and educating cultures to foster a more accepting and engaging world.
• Orders of the Day
None provided.
• Closed Session Report
None provided.
1. CEREMONIAL ITEMS
1.1 Councilmember Sergio Jimenez presented the commendation to Michael Brilliot, Citywide Planning Deputy Director, Planning, Building, and Code Enforcement in recognition of his service with the City since 1996, and the development of ten Neighborhood Improvement Plans as supervisor of the Strong Neighborhood Initiative team after years of work in collaboration with underrepresented communities in the City of San José.
1.2 Councilmember Omar Torres presented the proclamation declaring March 19, 2024, as Nowruz to recognize and celebrate the commencement of the Persian New Year in the City of San José.
2. CONSENT CALENDAR
Mayor Mahan announced that public comments were limited to one-minute for the remainder of the Council Meeting, due to the high volume of speakers present for Item 3.3, speakers requiring interpretation services were allotted two-minutes to allow time for translation.
Public Comment: None provided.
Action: Upon motion by Councilmember Pam Foley, seconded by Councilmember Omar Torres, and carried unanimously, the Consent Calendar was approved as a whole, and the below actions were taken as indicated. (11-0-0)
2.1 Approval of City Council Minutes.
None provided.
2.2 Final Adoption of Ordinances.
(a) Ordinance No. 31045 - An Ordinance of the City of San José Rezoning 194 Properties From R-M Multi-Family Residential Zoning District to MUN Mixed Use Neighborhood Zoning District, 135 Properties from R-M Multi-Family Residential Zoning District to UR Urban Residential Zoning District, 70 Properties from R-1-8 Single-Family Residential Zoning District to OS Open Space Zoning District, 52 Properties from R-1-8 Single-Family Residential Zoning District to R-1-2 Single- Family Residential Zoning District, 39 Properties from An Agriculture Zoning District to OS Open Space Zoning District, 39 Properties from R-1-8 Single-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, 36 Properties from R -1-5 Single-Family Residential Zoning District to OS Open Space Zoning District, 26 Properties from R-2 Two Family Residential Zoning District to MUN Mixed Use Neighborhood Zoning District, 20 Properties from R-1-1 Single-Family Residential Zoning District to OS Open Space Zoning District, 10 Properties from LI Light Industrial Zoning District to CIC Combined Industrial/Commercial Zoning District, Nine Properties from R-1-5 Single-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, Nine Properties from R-1-1 Single-Family Residential District to R -1-RR Single-Family Rural Residential Zoning District, Eight Properties from R-1-2 Single-Family R esidential Zoning District to OS Open Space Zoning District, Six Properties from R-1-8 Single-Family Residential District to R -1-RR Single-Family Rural Residential Zoning District, Five Properties from A Agri culture Zoning District to PQP Public/Quasi-Public Zoning District, Five Properties from R-1-1 Single-Family Residential to PQP Public/Quasi-Public Zoning District, Five Properties from R -1-2 Single-Family Residential Zoning District to R-1-RR Single-Family Rural Residential Zoning District, Four Properties from HI Heavy Industrial Zoning District to OS Open Space Zoning District, Four Properties from R-1-5 Single-Family Residential Zoning District to R -1-2 Single-Family Residential Zoning District, Four Properties from A Agriculture Zoning District to R-1-8 Single-Family Residential Zoning District, Four Properties from IP Industrial Park Zoning District to TEC Transit Employment Center Zoning District, Three Properties from LI Light Industrial Zoning District to OS Open Space Zoning District, Three Properties from A Agriculture Zoning District to R-1-RR Single-Family Rural Residential Zoning District, Two Properties from HI Heavy Industrial Zoning District to CIC Combined Industrial/Commercial Zoning District, Two Properties from IP I ndustrial Park Zoning District to OS Open Space Zoning District, One Property from IP Industr ial Park Zoning District to CIC Combined Industrial/Commercial Zoning District, One Property from Commercial Pedestrian Zoning District to OS Open Space Zoning District, One Property from IP Industrial Park Zoning District to PQP Public/Quasi-Public Zoning District, One Property from R-2 Two Family Zoning District to PQP Public/Quasi-Public Zoning District, One Property from R -M Multi-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, One Property from A Agriculture Zoning District to R-1-2 Single-Family Residential Zoning District, One Property from R -1-5 Single-Family
Residential Zoning District to R-1-RR Single-Family Rural Residential Zoning District, and One Property from Commercial Pedestrian Zoning District to UR Urban Residential Zoning District, All Located on those Certain Real Properties Situated within the Cit y of San José. [Passed for Publication on 3/5/2024 - Item 10.1(a) (24-73495)]
Action: (a) Ordinance No. 31045 was adopted, regarding the rezoning of 194 properties. (11-0-0)
2.3 Approval of Council Committee Minutes.
2.4 Mayor and Council Excused Absence Requests.
Request for an excused absence for Councilmember Davis from the Regular Meeting of City Council on March 12, 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. (Davis) [Rules Committee referral 3/13/2024 - Item A.1.a]
Action: The request for an excused absence for Councilmember Davis was approved. (11-0-0)
2.5 City Council Travel Reports.
None provided.
2.6 Report from the Council Liaison to the Retirement Boards.
None provided.
2.7 San José Clean Energy Load Management Standards Compliance Plan.
Adopt a resolution approving and adopting the San José Clean Energy Load Management Standards Compliance Plan as required by the California Energy Commission.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Energy)
Action: Resolution No. RES2024-55 was adopted, regarding the approval of the San José Clean Energy Load Management Standards Compliance Plan. (11-0-0)
2.8 Actions Related to the Purchase Order with Tucker Construction, Inc. for Concrete and Expansion Joint Maintenance and Repair Services.
Adopt a resolution authorizing the City Manager or her designee to:
(a) Amend purchase order OP 64346 with Tucker Construction, Inc. (San José, CA) for concrete and expansion joint maintenance and repair services to increase the total compensation by $150,000 for a revised maximum compensation not-to-exceed $250,000 for the period ending on June 29, 2024; and (b) Exercise up to three one-year options to extend the term of the purchase order with the last option year ending on or about June 29, 2027, subject to 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)
DEFERRED TO 4/16/2024 PER ADMINISTRATION
2.9 Report on Request for Proposal and Actions Related to a Purchase Order with Wordly, Inc. for an Automated Speech Translation Software.
Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager or 1500her designee to:
(a) Execute a purchase order with Wordly, Inc. (Los Altos, CA) to provide an automated speech translation software for the City Clerk’s Office, including related professional services such as implementation, training, maintenance, and support, for a maximum compensation not to exceed $82,000 during the initial term beginning on or about March 20, 2024, through March 31, 2024, subject to the appropriation of funds;
(b) Amend the purchase order as required for any unanticipated changes such as additional software subscriptions, optional modules, integrations, and related professional services for a contingency amount not to exceed $10,000 during the initial term, subject to the appropriation of funds; (c) Negotiate and execute purchase orders for up to six one-year options to extend the term through March 31, 2030, subject to the appropriation of funds; and (d) Negotiate and execute additional purchase orders with Wordly, Inc., leveraging the same Request for Proposal results to provide automatic translation software, including related professional services such as implementation, training, maintenance, and support, for other City departments as requested, subject to the appropriation of funds.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)
Action: The report on the Request for Proposal was accepted, and Resolution No. RES2024-56 was adopted, regarding the purchase order with Wordly, Inc. for an Automated Speech Translation Software. (11-0-0)
2.10 Adoption of Resolutions to Consider the Establishment of 14 New Rule 20A Underground Utility Districts.
Adopt resolutions setting Public Hearings on Tuesday, April 9, 2024, at 1:30 p.m., to consider the establishment of the Rule 20A Underground Utility Districts along (1)Willow Street, (2)East San Salvador Street, (3)Empire Street, (3)Hensley Street, (4)North First Street, (3)North Second Street, (3)North Third Street, (3)North Fourth Street, (5 and 6)White Road, (7)Story Road, (7)Felipe Avenue, (8)Coyote Road, (9)San Felipe Road, (10)Branham Lane, (11)Almaden Road, (11)Almaden Expressway, (11) Coleman Road, (12)Blossom Hill Road, (12)Snell Avenue, (13)Saratoga Avenue, (14) Umbarger Road, and (4)North Taylor Street.
CEQA: Categorically Exempt, File No. ER24-011, Exempt pursuant to CEQA Guidelines Section 15301(b) Existing Facilities and 15302(d) Conversion of Overhead Electric Facilities. (Public Works)
Action: (1) Resolution No. RES2024-57 (WILLOW STREET) , (2) Resolution No. RES2024-58 (EAST SAN SALVADOR STREET ), (3) Resolution No. RES2024-59 (EMPIRE STREET, HENSLEY STREET, NORTH SECOND STREET , NORTH THIRD STREET, and NORTH FOURTH STREET), (4) Resolution No. RES2024-60 (NORTH FIRST STREET, AND NORTH TAYLOR STREET), (5) Resolution No. RES2024-61 (WHITE ROAD), (6) Resolution No.
RES2024-62 (WHITE ROAD, MOUNT PLEASANT HIGH SCHOOL ) (7) Resolution No.
RES2024-63 (STORY ROAD AND FELIPE AVENUE) , (8) Resolution No. RES2024-64 (COYOTE ROAD), (9) Resolution No. RES2024-65 (SAN FELIPE ROAD) , (10) Resolution No. RES2024-66 (BRANHAM LANE) , (11) Resolution No. RES2024-67 (ALMADEN ROAD, ALMADEN EXPRESSWAY, AND COLEMAN ROAD ), (12) Resolution No. RES2024-68 (BLOSSOM HILL ROAD AND SNELL AVENUE) , (13) Resolution No. RES2024-69 (SARATOGA AVENUE) , (14) Resolution No. RES2024-70 (UMBARGER ROAD) , were adopted , regarding the Public Hearings on Tuesday, April 9, 2024, at 1:30 p.m., to consider the establishment of the Rule 20A Underground Utility Districts. (11-0-0)
2.11 State Grant and Payment Applications for CalRecycle Programs.
Adopt a resolution authorizing the City Manager or her designee for a period of five years, beginning March 5, 2024, through March 5, 2029, to submit grant and payment applications to the California Department of Resources Recycling and Recovery and enter into grant and payment agreements with the California Department of Resources Recycling and Recovery if the agreements are within the City Manager’s existing City Council-designated contracting authority.
CEQA: Not a Project, File No. PP17-002, Grant Application with no commitment or obligation to enter into an agreement at the time of application and File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Transportation)
Action: Resolution No. RES2024-71 was adopted, authorizing the City Manager for a period of five years to submit grant and payment applications to the California Department of Resources Recycling and Recovery. (11-0-0)
2.12 Request for Travel Authorization for Mayor Mahan.
As recommended by the Rules and Open Government Committee on March 13, 2024, authorize travel for Mayor Mahan to join business tech leaders in Vancouver, Canada from April 7 to April 9, 2024. Source of Fund: Mayor’s Office Budget.
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 3/13/2024 - Item B.2]
Action: Mayor Mahan’s request for travel was authorized. (11-0-0)
2.13 Retroactively Approval and Approval of Multiple Special 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.
As recommended by the Rules and Open Government Committee on March 13, 2024:
(a) Retroactively approve the Berryessa Art Festival scheduled on February 14, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; (b) Approve the District 4 Santos Family Car Show scheduled on August 31, 2024, 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. (Cohen)
[Rules Committee referral 3/13/2024 - Item B.3]
Action: Multiple District 4 sponsored special events were retroactively approved. (11-0-0)
2.14 Approval of Cambodian Flag Raising and Cambodian New Year City Hall Tower Lighting Sponsored by Council District 5 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events.
As recommended by the Rules and Open Government Committee on March 13, 2024:
(a) Approve the Proclamation of Cambodian New Year in San José on April 9, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; (b) Approve the Cambodian Flag Raising on April 5, 2024, as a City Council sponsored Special Event and approve the expenditure of funds;
(c) Approve the Cambodian New Year City Hall Tower Lighting from April 5, 2024, through April 12, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; and
(d) Approve and accept donations from various individuals, businesses, or community groups to
support the events.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Ortiz) [Rules Committee referral 3/13/2024 - Item B.4]
Action: The District 5 sponsored special events were approved. (11-0-0)
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
City Manager Jennifer Maguire reported that the City of San José received a 1 Million Dollar Cannabis Equity Grant from the California Governor’s Office of Business and Economic Development. This grant will allow the City to embark on a new phase of the City’s Cannabis Equity Business Academy, to support the Cannabis Equity Business graduates, and provide legal and regulatory assistance.
3.2 Labor Negotiations Update.
None provided.
3.3 Approval of the Fiscal Year 2024-2025 Mayor's March Budget Message. (a) Conduct a Public Hearing on the FY 2024-2025 Mayor’s March Budget Message. (b) Approve the FY 2024-2025 Mayor’s March Budget Message.
CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (Mayor)
Public Comment: Jeff Levine, Bill Wallace, Larry Ames, Larry Whitaker, Susan Hayase, Chris Shay, Marissa Martinez, Danna Elneil, Gianella D, (the following speakers used Spanish Translation:
Karla Coyoc, Munoz, Yurina Guzman, Vicenta Mayoral, Ramona Martinez, Liliana Montoya, Maria Herrera, Cynthia Martinez, Dilia Espana, Dionisia Cerbacio, Mabel Ordonez, Jose Carrasco, Yudi Castro, Agustina Xiu, Raul Balam, Jose Paredes, Carlos Obregon, Romualda Alcazar, Evelyn Solorio, Rosa Vazquez, Laura Reyes, Juan Garcia, Beatriz Avila, Imelda Arroyo, Lourdez Mejia, Guadalupe Sanchez, Ana Lopez, Janeth Cahoana, Bertha Sanchez, Maurilia Orellanes, Yulissa Villa, Jesus Solorio, Miriam Betanco, Deysi Gomez, Sandra Munoz), Carmen Torres, Andre Padilla, Isabel Olazcoaga, Gabriel Manrique, Hector Hernandez, Lucila Ortiz, Axis Condominiums, Tuan Van, Marcelo Tagle, Ofisa Pati, Mengna Lin, Tamra Chavez, Esmeralda Virelas, Maria Maldonado, Richard Tieu, George Szymkiewicz, Oscar, Huascar Castro, Mike K, Joanna Garcia, Josie Mooney, Bob Brownstein, Edgar Hernandez, Ashley Nguyen, Ted Zafiris, Alison Cingolani, Revathi, Emily Ann Ramos, Manuel Salazar, Javier Hernandez, Harsh Ghai, Aurora Solis, Olivia Ortiz, Regina Celestin Williams, Hansa C., Aitaf Chaus, Jorge Aguirre, Juan Lujano, Alyssa Serrano, Delma Hernandez, Tony Lam, Kishan Kumar, Dawn Coppin, Daniella B., Sanjeev Kumar, Deepar Kumar, Robert Aguirre, Lani Ballard, Greg Miller, Josefina Aguilar, Maricella Fuentes, Marizol Romero, Jeremy Barousse, Deb, David Noel, Misrayn Mendoza, Brandon Dawkins, Ravi Pathak, Kathy Fuchs Oberstar, Suzanne Magno, Kim Guptill, Lilia Gaspar, Heidi Kang, Sandra Asher, Phillip Hines, Peggy Eluse, Derrick, Lori Katcher, Mary, Ruth Silver Taube, Jennifer Cortez, Sandy Perry, Ehra Wilson, Tom Wilson, Dilza Gonzalez, Andrea Portillo, Kathy Tran, Krista De LaTorre, James Ly, Vasundhara, Gene Hunt, Josh Selo, Babita Kumari, Richard Wong, Stephen, Amy Cody, Mitch Method, Cassandra Magana, Emily, Andrew Siegler, Tristia Bauman, Karl Lee, David H., Sandra Weber, Dulce Ceballos, Poncho Guevara, Sharat Lin, Ana Maria Russo, Sigrid Jacobsen, and Nora Larson offered public testimony regarding the item.
Jim Shannon, Budget Director, City Manager’s Office responded to questions regarding District office payouts for Council staff.
Motion: Councilmember Dev Davis moved approval of the Mayor’s Budget Message, directed staff to return with a process to better handle the issue of outgoing councilmembers and staff payouts.
Including acceptance of the amended joint memorandum co-authored by Councilmember Peter Ortiz, Councilmember Domingo Candelas, and Councilmember Sergio Jimenez, dated March 15, 2024, recommending the following:
Replace recommendations 1 and 2 to read the following:
In alignment with the direction in the March budget message, direct the City Manager to (1) Direct the City Manager to evaluate reallocation of a portion of Measure E revenue over a multi- year period for the provision of essential services to our unhoused residents and to meet stormwater permit requirements, while also ensuring there is still adequate funding to issue NOFAs to support new Affordable Housing development for New Construction, Acquisition, and Preservation, and any remaining affordable housing projects in the pipeline.
Include in the proposed budget an analysis of the impact of the reallocation of any measure E revenue for the provision of essential services to our unhoused residents, and meet stormwater permit requirements, including the impact of the City’s ability to issue new NOFAs for affordable housing, and the impact if any, on NOFA waitlisted projects and other projects in the pipeline. (2) Direct the City Manager to develop an MBA that outlines how a potential shift in Measure E funds would impact the NOFA -waitlisted projects and provides alternative scenarios that would allow the City to continue funding projects in the pipeline.
Propose alternative scenarios that would lessen the impact on funding for permanent affordable housing.
(3) Direct the City Manager to explore additional funding mechanisms for operations and maintenance to improve our Neighborhood Parks. (Councilmember Davis moved approval of recommendation 3 and assumes the recommendation will be added to the report on the Parks Ballot Measure, which is requested in the March Budget Message) (4) Direct the City Manager to identify modifications to existing regulations that will allow equity- based distribution of park impact fees throughout the city. (Councilmember Davis moved approval of recommendation 4 on a “go forward basis,” so that any current parks budgets for district offices do not get reallocated)
(5) Direct the City Manager to explore ways to provide care for the pets of unhoused people living in new EIHs as they transition into permanent housing. (Councilmember Davis moved approval of recommendation 5 as is)
(6) Direct the City Manager to develop an MBA to expand the TRUST (Trusted Response Urgent Support Team) program by funding a third TRUST team based in East Santa Clara County. (Councilmember Davis moved approval of recommendation 6, with “based in East Santa Clara County,” removed to allow the TRUST team to go anywhere they are called.) (7) Direct the City Manager to prepare cost estimates for the planning and design of at least one emergency shelter to be located on a site identified by staff as part of AB 2339 implementation. Staff may provide cost estimates for additional sites at their discretion. (Councilmember Davis moved approval of recommendation 7 and assumes any relevant cost estimates can be brought forward as part of the analysis to implement AB2339)
(8) Direct the City Manager to identify programs in the Housing Element that have a positive fiscal impact, evaluate the feasibility of expediting implementation of these programs, and, if relevant, prepare an MBA detailing the resources necessary to implement these programs. (Councilmember Davis moved approval of recommendation 8 as is, and noted it can go through an informational memorandum or through the CED committee)
(9) Direct the City Manager to prepare an MBA analyzing cost savings to the City associated with eliminating redundant or unessential positions in the Mayor’s Office. (Councilmember Davis did not move approval of recommendation 9, and stated it’s inappropriate to assign to the City
Manager)
Councilmember Pam Foley seconded the motion.
Friendly Amendment: Councilmember Omar Torres requested a friendly amendment to propose the following language for recommendation 1 and 2 of the joint memorandum from Councilmember Peter Ortiz, Councilmember Domingo Candelas, and Councilmember Sergio Jimenez, dated March 15, 2024: (1) Direct the City Manager to evaluate reallocation of a portion of Measure E revenue over a multi-year period for the provision of essential services to our unhoused residents and to meet stormwater permit requirements, while also ensuring there is still adequate funding to issue NOFAs to support new Affordable Housing development for New Construction, Acquisition, and Preservation, and any remaining affordable housing projects in the pipeline.
In the MBA requested by the Rules Committee on March 6, to provide information on different housing and shelter models, including analysis on the following elements, which will be key to helping the Council understand the relative effectiveness of each strategy: 1. one-time and ongoing costs to the City for each model, 2. the estimated timeframe it takes to implement each model, and
3. any data available on the likelihood of users of various proposed strategies accessing stable housing, and if/how such outcomes may rely on the availability of other resources (i.e. housing voucher availability, new permanent affordable housing, etc.) based on outcomes of previous projects.
(2) Direct the City Manager to develop an MBA that outlines how a potential shift in Measure E funds would impact the NOFA -waitlisted projects and provides alternative scenarios that would allow the City to continue funding projects in the pipeline.
Develop and MBA with an analysis of potential revenue measures that the Council could explore to help address housing and homelessness initiatives and other critical community needs, and including San Jose Yea as a partner, as mentioned on page 19 of the Budget Message, when working with youth involved in graffiti.
The friendly amendment was accepted by both the maker of the motion and seconder.
Friendly Amendment: Vice Mayor Rosemary Kamei requested a friendly amendment directing staff to explore the enforcement of “Vanlords”, in terms of prohibiting them in San José as a preventative measure. The friendly amendment was accepted by both the maker of the motion and seconder.
Action: On a call to question, the motion carried unanimously, including both the friendly amendments to include the following: approval of the Mayor’s Budget Message, staff direction to return with a process to better handle the issue of outgoing councilmembers and staff payout s, staff direction to explore the enforcement of “Vanlords” in terms of prohibiting them in San José as a preventative measure, also including acceptance of the joint memorandum from Councilmember Peter Ortiz, Councilmember Domingo Candelas, and Councilmember Sergio Jimenez, dated March 15, 2024, with the following amendments: In alignment with the direction in the March budget message:(1) Direct the City Manager to evaluate reallocation of a portion of Measure E revenue over a multi-year period for the provision of essential services to our unhoused residents and to meet stormwater permit requirements, while also ensuring there is still adequate funding to issue NOFAs to support new Affordable Housing development for New Construction, Acquisition, and Preservation, and any remaining affordable housing projects in the pipeline. In the MBA requested by the Rules Committee on March 6, to provide information on different housing and shelter models, including analysis on the following elements, which will be key to helping the Council understand the relative effectiveness of each strategy: 1. One-time and ongoing costs to the City for each model, 2. the estimated timeframe it takes to implement each model, and 3. any data available on the likelihood of users of various proposed strategies accessing stable housing, and if/how such outcomes may rely on the availability of other resources (i.e. housing voucher availability, new permanent affordable housing, etc.) based on outcomes of previous projects. (2) Direct the City Manager to develop an MBA that outlines how a
potential shift in Measure E funds would impact the NOFA -waitlisted projects and provides alternative scenarios that would allow the City to continue funding projects in the pipeline. Develop and MBA with an analysis of potential revenue measures that the Council could explore to help address housing and homelessness initiatives and other critical community needs, also including San Jose Yea as a partner, as mentioned on page 19 of the Budget Message, when working with youth involved in graffiti housing.
(3) Direct the City Manager to explore additional funding mechanisms for operations and maintenance to improve our Neighborhood Parks. (4) Direct the City Manager to identify modifications to existing regulations that will allow equity- based distribution of park impact fees throughout the city. (on a “go forward basis,” so that any current parks budgets for district offices do not get reallocated) (5) Direct the City Manager to explore ways to provide care for the pets of unhoused people living in new EIHs as they transition into permanent housing. (6) Direct the City Manager to develop an MBA to expand the TRUST (Trusted Response Urgent Support Team) program by funding a third TRUST team based in East Santa Clara County. (7) Direct the City Manager to prepare cost estimates for the planning and design of at least one emergency shelter to be located on a site identified by staff as part of AB 2339 implementation. Staff may provide cost estimates for additional sites at their discretion. (8) Direct t he City Manager to identify programs in the Housing Element that have a positive fiscal impact, evaluate the feasibility of expediting implementation of these programs, and, if relevant, prepare an MBA detailing the resources necessary to implement these p rograms. (9) Direct the City Manager to prepare an MBA analyzing cost savings to the City associated with eliminating redundant or unessential positions in the Mayor’s Office. (11-0-0)
4. PUBLIC SAFETY
4.1 Cannabis Business Regulations and Annual Operating Fee Comparisons.
As recommended by the Public Safety, Finance and Strategic Support Committee on February 15, 2024, accept the report on how San José’s cannabis regulations compare to State of California regulations and how San José’s cannabis business annual operating fee compares to other jurisdictions.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Police)
[Public Safety, Finance and Strategic Support Committee 2/15/2024 – Item (d)5] [Deferred from 3/12/2024 – Item 4.1 (24-73508]
Wendy Sollazzi, Division Manager, Police-Cannabis Regulation; David Woolsey, Police Sergeant, San José Police Department; and Paul Joseph, Assistant Police Chief, San José Police Department, provided the presentation and responded to questions.
Public Comment: Sharmi Shah, Mike Bitar, Eric Engstrom, Brando Duong, Sean Kali- Rai, Kim Hoang, and Nathan Lessard offered public testimony regarding the item.
Motion: Councilmember Sergio Jimenez moved approval of the joint memorandum he co-authored dated, March 15, 2024. Councilmember Omar Torres seconded the motion.
City Manager, Jennifer Maguire expressed concerns regarding the capping of the Consumer Price Index (CPI) Adjustment to maintain cost recovery at 3% , which was noted in the joint memorandum, and instead suggested letting it naturally stay at a cost recovery.
Friendly Amendment: Mayor Mahan made the friendly amendment to remove capping of the Consumer Price Index (CPI) Adjustment to maintain cost recovery at 3% from the joint memorandum. The maker of the motion and seconder accepted the friendly amendment.
Action: On a call to question, the motion, as amended, made by Councilmember Sergio Jimenez and seconded by Councilmember Omar Torres, was carried unanimously. The report on how San José’s cannabis regulations compare to State of California regulations was accepted, and the Joint Memorandum from Councilmember Sergio Jimenez, Councilmember Omar Torres, Councilmember David Cohen, Councilmember Peter Ortiz, and Councilmember Pam Foley was approved
Including acceptance of the joint memorandum from Councilmember Sergio Jimenez, Councilmember Omar Torres, Councilmember David Cohen, Councilmember Peter Ortiz, and Councilmember Pam Foley, dated March 15, 2024, with the following amendment: (1) Reduce the Cannabis Storefront Retail annual fee to $30,000 per year and in future years allow a reasonable annual CPI adjustment, not to exceed 3%, to maintain cost recovery but not increase scope of regulation without an additional City Council vote. (2) In direct relation to the decrease of annual fee, align our city’s regulations with state regulations, by identifying and eliminating duplicative and burdensome regulations within the San José Municipal Code. Staff is tasked to make the necessary cuts to the Division of Cannabis Regulation to make the program cost recovery within the lower fee structure and without shifting any cost to the General Fund. (10-0-1; Absent: Davis)
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
8.1 Housing Catalyst Team Work Plan Status Report. – HEARD CONCURRENTLY WITH ITEM 8.2 As recommended by the Community and Economic Development Committee on February 26, 2024, accept the status report on the work to implement the Housing Catalyst Team Work Plan.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Planning, Building and Code Enforcement/Housing)
[Community and Economic Development Committee referral 2/26/2024 – Item (d)1]
Kristen Clements, Division Manager, Housing Department; Jerad Ferguson, Principal Planner, Planning, Building and Code Enforcement Department; and Rosalyn Hughey Deputy City Manager, Acting Director of Housing offered the presentation and responded to questions regarding Items 8.1 and 8.2.
Public Comment: None provided.
Councilmember Bien Doan spoke to the timeline of the memorandum being provided to Council. Staff provided information regarding the memorandum’s current timeline.
Action: Upon motion by Councilmember Bien Doan, seconded by Councilmember Arjun Batra, and carried unanimously, the status report was accepted , including Staff direction to provide a briefing to Councilmembers who request one, as soon as the memorandum is released, prior to the CED Meeting in February. (10-0-1; Absent: Davis)
8.2 Acceptance of the Annual Progress Report on the Implementation of the San José General Plan Housing Element and the Housing Successor to the Redevelopment Agency Annual Report. – HEARD CONCURRENTLY WITH ITEM 8.1
(a) Accept the Calendar Year 2023 Annual Progress Report, the first annual report on the implementation of San José’s Sixth Cycle 2023-2031 Housing Element. (b) Accept the Fiscal Year 2022-2023 Housing Successor to the Redevelopment Agency Annual Report.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Planning, Building and Code Enforcement/Housing)
Kristen Clements, Division Manager, Housing Department; Jerad Ferguson, Principal Planner, Planning, Building and Code Enforcement Department; and Rosalyn Hughey Deputy City Manager, Acting Director of Housing offered the presentation and responded to questions regarding Items 8.1 and 8.2.
Public Comment: None provided.
Councilmember Bien Doan spoke to the timeline of the memorandum being provided to Council. Staff provided information regarding the memorandum’s current timeline.
Action: Upon motion by Councilmember Bien Doan, seconded by Councilmember Arjun Batra, and carried unanimously, (a) the Calendar Year 2023 Annual Progress Report was accepted, and (b) the Fiscal Year 2022-2023 Housing Successor to the Redevelopment Agency Annual Report was accepted, including Staff direction to provide a briefing to Councilmembers who request one as soon as the memorandum is released, prior to the CED Meeting in February.
9. REDEVELOPMENT – SUCCESSOR AGENCY
10. LAND USE
10.1 Land Use on Consent Calendar No Land Use Items on Consent Calendar
No Land Use Items on Consent Calendar
END OF CONSENT CALENDAR
10. Land Use - Regular Agenda
• Open Forum
1. Elise Stassaki spoke to the Burrell Park neighborhood and requested support for the centennial anniversary of the neighborhood.
2. Diane Gaskill gave insight into the State of California’s Disaster Emergency Response Team, and the issues regarding the unhoused communities in San José.
• Adjournment
The Council of the City of San José adjourned at 8:03 p.m.
Minutes Recorded, Prepared, and Respectfully Submitted by, Daniel Aguilar
Deputy City Clerk, City of San José
Approved at Council on:
# of Actions: 5
Attest By:
Toni Taber, CMC
City Clerk, City of San José
8/12/2025
SAN JOSÉ CITY COUNCIL CLOSED SESSION MINUTES
March 19, 2024
Present Councilmembers: Batra, Foley, Candelas, Doan, Ortiz, Cohen, Kamei, Mahan.
Absent Councilmembers: Jimenez, Torres, Davis.
Place: City Hall Conference Room W-133
Time: 9:30 a.m.
CLOSED SESSION ITEM(S) DISCUSSED:
A. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
City Negotiator: Jennifer Schembri, Director of Employee Relations Employee Organizations:
1. Organization or Name and Title of
Unrepresented Employees: Association of Building, Mechanical and Electrical Inspectors (ABMEI)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement – City of San José and Association of Building, Mechanical and
Electrical Inspectors (ABMEI)
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/abmei
Telephone – Employee Relations: (408) 535-
8150
2. Organization or Name and Title of
Unrepresented Employees:
Association of Engineers & Architects (AEA)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement — City of San José and Association of Engineers & Architects
(AEA)
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/aea
Telephone – Employee Relations: (408) 535-
8150
3. Organization or Name and Title of
Unrepresented Employees:
Association of Legal Professionals of San José
(ALP)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement – City of San José and Association of Legal Professionals of San
José
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/alp
Telephone – Employee Relations: (408) 535-
8150
4. Organization or Name and Title of
Unrepresented Employees:
Association of Maintenance Supervisory
Personnel (AMSP)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: City of San José - Association of Maintenance Supervisory Personnel (AMSP) Benefit &
Compensation Summary
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/amsp
Telephone – Employee Relations: (408) 535-
8150
5. Organization or Name and Title of
Unrepresented Employees:
City Association of Management Personnel
Agreement (CAMP)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Benefit & Compensation Summary — City of San José and City Association of Management
Personnel Agreement
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/camp
Telephone – Employee Relations: (408) 535-
8150
6. Organization or Name and Title of
Unrepresented Employees:
International Association of Firefighters
(IAFF), Local 230 (IAFF#230)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement Between City of San José and International Association of
Firefighters (IAFF), Local 230
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/iaff
Telephone – Employee Relations: (408) 535-
8150
7. Organization or Name and Title of
Unrepresented Employees:
International Brotherhood of Electrical
Workers, Local 332 (IBEW)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement Between City of San José and International Brotherhood of
Electrical Workers, Local 332 (IBEW)
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/ibew
Telephone – Employee Relations: (408) 535-
8150
8. Organization or Name and Title of
Unrepresented Employees:
Municipal Employees’ Federation, AFSCME
Local 101, AFL-CIO (MEF)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement — City of San José and Municipal Employees’ Federation,
AFSCME Local 101, AFL-CIO
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/mef
Telephone – Employee Relations: (408) 535-
8150
9. Organization or Name and Title of
Unrepresented Employees:
International Union of Operating Engineers,
Local No. 3 (OE#3)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement Between City of San José and International Union of Operating
Engineers, Local No. 3 (OE#3)
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/oe-3
Telephone – Employee Relations: (408) 535-
8150
10. Organization or Name and Title of
Unrepresented Employees:
San José Police Dispatchers’ Association
(SJPDA)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement – City of San Jose and Municipal Employees’ Federation (MEF),
AFSCME, Local 101
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/sjpda
Telephone – Employee Relations: (408) 535-
8150
11. Organization or Name and Title of
Unrepresented Employees:
San José Police Officers’ Association
(SJPOA)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement — City of San José and San José Polices’ Association
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/poa
Telephone – Employee Relations: (408) 535-
8150
12. Organization or Name and Title of
Unrepresented Employees:
Peace Officer Park Ranger Association
(POPRA)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
Name of Existing Contract or MOA: Memorandum of Agreement – City of San Jose and Peace Officer Park Ranger Association
How to Obtain a copy of Existing
Contract or MOA:
Web: https://www.sanjoseca.gov/your-
government/departments-offices/office-of-the-
city-manager/employee-relations/labor-
relations-information/bargaining-units-labor-
contract-info/popra
Telephone – Employee Relations: (408) 535-
8150
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
1. Case Name: In re: Claim of Benn
Name(s) of Party(ies)
Court: Worker’s Compensation Appeals Court
Case No: ADJ13510646, ADJ13510647, ADJ13510631
Amount of Money or Other Relief
Sought:
Benefits
2. Case Name: Rudy McGraw, et al. v. Slack Mark Steven, et al.
Name(s) of Party(ies) RUDY MCGRAW, ROMELIA MCGRAW,
SYLVERIA MCGRAW, ETHAN MCGRAW, CITY
OF SAN JOSE, OFFICER SLACK
Court: Superior Court of California, County of Santa Clara Case No: 19CV351824
Amount of Money or Other Relief
Sought:
Damages according to proof
3. Case Name: Maria Estela Zapien-Gonzalez v. Kevin Thomas Enterline, et al.
Name(s) of Party(ies) MARIA ESTELA ZAPIEN -GONZALEZ, CITY OF
SAN JOSE, OFFICER ENTERLINE
Court: Superior Court of California, County of Santa Clara Case No: 19CV351824
Amount of Money or Other Relief
Sought:
Damages according to proof
4. Case Name: Maria Peña Amador v. City of San Jose, et al.
Name(s) of Party(ies) MARIA PENA AMADOR, CITY OF SAN JOSE, MICHAEL ALVAREZ, AND DOES 1 TO 10,
Court: Superior Court of California, County of Santa Clara Case No: 23CV421634
Amount of Money or Other Relief
Sought:
Damages according to proof
5. Case Name: Carmen Sandoval Duffy v. County of Santa Clara, et al. v. City of San Jose
Name(s) of Party(ies) CARMEN SANDOVAL DUFFY, AN INDIVIDUAL,
CITY OF SAN JOSE, COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA,
DEPARTMENT OF INDUSTRIAL RELATIONS,
DOES 1 THROUGH 50, INCLUSIVE
Court: Superior Court of California, County of Santa Clara Case No: 23CV423526
Amount of Money or Other Relief
Sought:
Damages according to proof
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to Sections 54956.9(d)(2) and (e)(1) of the Government code:
Number of matter(s) to be discussed: 1