CITY COUNCIL MEETING
Minutes
Tuesday, August 20, 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
City Council August 20, 2024
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• Call to Order and Roll Call
9:30 a.m.- Closed Session. See Pages 11-12 for Closed Session Minutes.
Pr
esent Councilmembers: Mahan, Kamei, Candelas, Foley,
Ortiz, Doan, Batra.
Absent Councilmembers: Cohen, Davis, Jimenez, Torres.
1:35
p.m. - Regular Session.
Present Councilmembers: Mahan, Kamei, Batra, Candelas, Davis, Doan, Foley, Jimenez, Ortiz.
A
bsent Councilmembers: Cohen, Torres.
• Pledge of Allegiance
Mayor Matt Mahan led the Pledge of Allegiance.
• Invocation (District 7)
Councilmember Bien Doan introduced Venerable Thich Quang Bao, from the Di Lac Temple who offered the invocation.
• Orders of the Day
None provided.
• Adjournment Recognition
Councilmember Sergio Jimenez announced that the meeting was adjourned in memory of Marie Arnold, beloved wife, mother, grandmother, aunt, friend, Registered Nurse, and community activist passed away peacefully surrounded by her loving family on July 16, 2024. Marie was a longtime resident of the Blossom Valley neighborhood and a former San José Neighborhood Commissioner. She will be forever remembered for her big heart, sharp wit, quick mind, and desire to help others. Her daughter shared words in remembrance honoring her mother. • Closed Session Report
None provided.
City Council August 20, 2024
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1. CEREMONIAL ITEMS
1.1 Councilmember Pam Foley and Councilmember Dev Davis presented the proclamation declaring August 19-25, 2024 as Silicon Valley Pride week to recognize the City of San José’s vibrant and diverse LGBTQ+ community. Bianca Zamora, Diversity Officer, Silicon Valley Pride accepted the proclamation.
1.2 Councilmember Peter Ortiz presented the commendation to Pho Tick Tock Restaurant to honor over a decade of business leadership and model practices for the Vietnamese business community in East San José.
2. CONSENT CALENDAR
P
ublic Comment: None provided.
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ouncilmember Dev Davis commented on Item 2.6.
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ction: Upon motion by Councilmember Dev Davis, seconded by Councilmember Pam Foley, and carried unanimously, the Consent Calendar was approved as a whole. (9-0-2; Absent: Cohen, Torres) C
ouncilmember Arjun Batra registered a verbal yes vote for the Consent Calendar.
2.1 Approval of City Council Minutes.
None provided.
2.2 Final Adoption of Ordinances.
None provided.
2.3 Approval of Council Committee Minutes.
None provided.
2.4 Mayor and Council Excused Absence Requests.
None provided.
2.5 City Council Travel Reports.
None provided.
2.6 Report from the Council Liaison to the Retirement Boards.
None provided.
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ouncilmember Dev Davis reported back with the following from last week’s Federated Retirement Board meeting regarding their fiscal year 2023-2024 return: the Federated pension returned a positive 9.71% in the last fiscal year, and the health care fund reported a
9.43% positive return.
2.7 Master Agreement with the Santa Clara Valley Water District for Support Services to the Santa Clara Valley Water’s Purified Water Program.
Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Master Agreement between the Santa Clara Valley Water District and the City of San José to provide support services to the Santa Clara Valley Water District Purified Water Program.
CEQA: Not a Project, File No. PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (Environmental Services) Action: Resolution No. RES2024-300 was adopted, regarding the Master Agreement between the Santa Clara Valley Water District and the City of San José to provide support services to the Santa Clara Valley Water District Purified Water Program. (9-0-2; Absent: Cohen, Torres)
2.8 C aliforniansForAll Youth Service Corps AB 540 Pilot Program. (a) Adopt a resolution:
(1) Ratifying the City Manager’s authorization to execute an agreement with the California Volunteers State Office accepting $738,284 for the CaliforniansForAll Youth Service Corp to expand the accessibility of the Resilience Corps Program; and (2) Authorizing the City Manager or her designee to negotiate and execute agreements, and all other necessary and/or ancillary documents with the San José Public Library Foundation to implement the pilot expansion of the Resilience Corps program in an amount not to exceed $703,530, subject to the appropriation of funds. (b) Adopt the following 2024-2025 Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund:
(1) Increase the estimate for Revenue from State of California appropriation by $275,000; and
(2) Establish the CaliforniansForAll Youth Service Corps AB 540 Pilot Program City- Wide Expenses appropriation to the Library Department in the amount of $275,000.
CEQA: Not a Project, File No. PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (Library/City Manager) Action: (a) Resolution No. RES2024-301, (b) Funding Source Resolution No. RES2024- 302, and (b) 2024-2025 Appropriation Ordinance No. 31116 were adopted, regarding the CaliforniansForAll Youth Service Corps AB 540 Pilot Program. (9-0-2; Absent: Cohen, Torres)
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2.9 Approval to Expend City Funds and Authorization to Accept Donations for the Silicon Valley Pride Parade and Festival.
As recommended by the Rules and Open Government Committee on August 14, 2024:
(a) Approve the expenditure of City funds for the Silicon Valley Pride Parade and Festival scheduled for August 24-25, 2024; and
(b) Approve and accept donations from various individuals, businesses or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (City Clerk)
[Rules Committee referral 8/14/2024 - Item B.6]
Actions: The authorization to accept donations and expand City funds for the Silicon Valley Pride Parade and Festival were approved. (9-0-2; Absent: Cohen, Torres)
2.10 Approval of a Conversation with Author Karla Cornejo Villavicencio Sponsored by Council District 1 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on August 14, 2024:
(a) Approve the Conversation with Author Karla Cornejo Villavicencio scheduled on November 14, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and
(b) Approve and accept donations from various individuals, businesses or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Kamei)
[Rules Committee referral 8/14/2024 - Item B.7]
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ction: The City Council Sponsored Special Event was approved. (9-0-2; Absent: Cohen, Torres)
2.11 Approval of San José State University Annual Flag Raising Ceremony Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on August 14, 2024:
(a) Approve the San José State University Annual Flag Raising Ceremony scheduled on August 26, 2024 as a City Council sponsored Special Event and approve the expenditure of funds.; and
(b) Approve and accept donations from various individuals, businesses or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Torres)
[Rules Committee referral 8/14/2024 - Item B.9]
Action: The City Council Sponsored Special Event was approved. (9-0-2; Absent: Cohen,
Torres)
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3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report) None provided.
3.2 Labor Negotiations Update.
None provided.
3.3 Advancing Racial Equity through Culture and Practice Annual Report.
As recommended by the Public Safety, Finance, and Strategic Support Committee on June 20, 2024, accept the Advancing Racial Equity through Culture and Practice 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. (City Manager) [Public Safety, Finance, and Strategic Support Committee referral 6/20/2024 - Item (d)1] Zulma Maciel, Director, Office of Racial and Social Equity; Andrea Aguiar, Assistant to the City Manager, City Manager's Office (CMO); and Jasmine Hartenstein, Assistant to the City Manager, (CMO) offered the presentation and responded to questions.
Public Comment: None provided.
Action: Upon motion by Vice Mayor Rosemary Kamei, seconded by Councilmember Bien Doan, and carried unanimously, the Advancing Racial Equity through Culture and Practice Annual Report was accepted. (9-0-2; Absent: Cohen, Torres)
3.4 Janet Gray Hayes Rotunda Naming.
As recommended by the Rules and Open Government Committee on August 7, 2024:
(a) In celebration of the 50th anniversary of the November 1974 election of Janet Gray Hayes as the first female mayor of San José and the first female mayor of a major American city, and in honor of her accomplishments and contributions to San José, name the City Hall Rotunda the Janet Gray Hayes Rotunda.
(1) Add the name to the wayfinding signs in the Civic Center Plaza and Facilities. (2) Affix the name "Janet Gray Hayes Rotunda" and one of her Alexander Calder logos, if approved by the artist's foundation, inside the rotunda and outside the rotunda in the areas noted in the attached photos.
(3) Permit the installation of a memorial plaque in honor of Janet Gray Hayes inside the rotunda.
(4) Direct staff to report back in 30 days with the cost of installing the lettering and logo, signage, and plaque with a budget recommendation on source of funding. (b) In celebration of the approaching 50th anniversary of the 1978 voter approval of district elections in San José, approve the use of wall space inside the rotunda for a rotating photographic exhibition of neighborhoods from each of the council districts in San José and the installation of a plaque regarding the creation of district elections.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Davis)
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[Rules Committee referral 8/7/2024 - Item C.1 and 8/14/2024 – Item A.1.a] Public Comment: Katherine Hayes Rodriguez, Gloria Chun Hoo (League of Women Voters), Margie Matthews (Committee to name Rotunda), Barbara Krause, Tom McEnery (former Mayor of San José), Sarah Janigian, David Pandori, and Roma Dawson (League of Women Voters Bay Area) provided public testimony regarding the item.
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deo was viewed concluding public comment to honor Janet Gray Hayes.
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ayor Mahan invited former Councilmember Blanca Alvarado (first Latina elected to the San José City Council) to the podium to share a few words. She spoke in favor of changing the name of the Rotunda to Janet Gray Hayes.
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ction: Upon motion by Councilmember Dev Davis, seconded by Councilmember Bien Doan, and carried unanimously, the Janet Gray Hayes Rotunda naming was approved.
Including additional direction that requests regarding architectural decisions, the memorial plaque, and any other decisions for the Rotunda naming are to work in coordination with Councilmember Dev Davis’s office who will then coordinate with the family of Janet Gray Hayes. Requests regarding the photographic exhibition of the neighborhoods and the plaque commemorating the 50th anniversary of the creation of district elections inside the Rotunda are to work in coordination with the Office of Cultural Affairs and Vice Mayor Kamei’s Office.
I
ncluding acceptance of the cross-referenced memorandum authored by Councilmember Dev Davis dated, July 30 2024, from the August 7, 2024 Rules and Open Government Committee Meeting (Item C.1) recommending the following:
1.) In celebration of the 50th anniversary of the November 1974 election of Janet Gray Hayes as the first female mayor of San Jose and the first female mayor of a major American city, and in honor of her accomplishments and contributions to San Jose, name the City Hall Rotunda the Janet Gray Hayes Rotunda.
a.) Add the name to the wayfinding signs in the Civic Center Plaza and Facilities. b.) Affix the name "Janet Gray Hayes Rotunda" and one of her Alexander Calder logos, if approved by the artist's foundation, inside the rotunda and the outside the rotunda in the areas noted in the attached photos.
c.) Permit the installation of a memorial plaque in honor of Janet Gray Hayes inside the Rotunda.
d.) Direct staff to report back in 30 days with the cost of installing the lettering and logo, signage, and plaque with a budget recommendation on source of funding.
2.) In celebration of the approaching 50th anniversary of the 1978 voter approval of district elections in San Jose, approve the use of wall space inside the rotunda for a rotating photographic exhibition of neighborhoods from each of the council districts in San Jose and the installation of a plaque regarding the creation of district elections.
Also including acceptance of the joint memorandum co-authored by Mayor Matt Mahan, Vice Mayor Rosemary Kamei, Councilmember Dev Davis, and Councilmember Pam Foley dated, August 15, 2024 recommending the following: approve Item 3.4’s recommendations naming the City Hall Rotunda the Janet Gray Hayes Rotunda. (9-0-2; Absent: Cohen, Torres)
City Council August 20, 2024
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4. PUBLIC SAFETY
4.1 Request for Additional Quantities of Pre-Approved Specified Military Equipment.
Approve the purchase of additional quantities of pre-approved specified military equipment for use by the San José Police Department, subject to the appropriation of funds.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Police)
Mayor Matt Mahan announced that the presentations for Items 4.1 and 4.2 would be heard together, but voted on separately.
Acting Chief of Police, SJPD, Paul Joseph; Michael O’Neil, SJPD, Interim Captain Bureau of Field Operations, Special Operations; and Paul Hamblin, Lieutenant, SJPD offered the presentation and responded to questions for Items 4.1 and 4.2.
Public Comment: None provided.
Action: Upon motion by Councilmember Sergio Jimenez, seconded by Councilmember Pam Foley, and carried unanimously, the purchase of additional quantities of pre-approved specified military equipment for use by the San José Police Department were approved. (8-0-3: Absent: Cohen, Davis, Torres)
4.2 Military Equipment Annual Report.
Accept the annual report on military equipment for Calendar Year 2023.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Police) Acting Chief of Police, SJPD, Paul Joseph; Michael O’Neil, SJPD, Interim Captain Bureau of Field Operations, Special Operations; and Paul Hamblin, Lieutenant, SJPD offered the presentation and responded to questions for Items 4.1 and 4.2.
Public Comment: None provided.
Action: Upon motion by Councilmember Sergio Jimenez, seconded by Councilmember Arjun Batra, and carried unanimously, the annual report on military equipment for Calendar Year 2023 was accepted. (8-0-3: Absent: Cohen, Davis, Torres) City Council August 20, 2024
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5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
7.1 Service Delivery Evaluation and Public Private Competition Analysis for the Lake Cunningham Action Sports Park.
(a) Accept the Service Delivery Evaluation and Public Private Competition analysis for the Lake Cunningham Action Sports Park.
(b) Adopt a resolution authorizing the City Manager or her designee to include the Lake Cunningham Action Sports Park in a Request for Proposal for long-term operations and maintenance of the water park and other Lake Cunningham Regional Park attractions.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 8. (Parks, Recreation, and Neighborhood Services)
Jon Cicirelli, Director, Parks, Recreation, & Neighborhood Services Department (PRNS); Avi Yotam, Deputy Director, (PRNS); and Shannon Heimer, Division Manager, (PRNS) responded to questions.
Public Comment: Krista Delatorre (IFPTE 21) and John Tucker (AFSCME Local 101) provided public testimony regarding the item.
Action: Upon motion by Councilmember Domingo Candelas, seconded by Councilmember Peter Ortiz, and carried unanimously, the Service Delivery Evaluation and Public Private Competition analysis for the Lake Cunningham Action Sports Park was accepted; and Resolution No. RES2024-303 was adopted, regarding including Lake Cunningham Action Sports Park in a Request for Proposal for long-term operations and maintenance of the water park and other Lake Cunningham Regional Park attractions.
Including the Staff informational memorandum, dated July 29, 2024 recommending the following:
(a) Accept the Service Delivery Evaluation and Public Private Competition analysis for the Lake Cunningham Action Sports Park.
(b) Adopt a resolution authorizing the City Manager or her designee to include the Lake Cunningham Action Sports Park in a Request for Proposal for long-term operations and maintenance of the water park and other Lake Cunningham Regional Park attractions. (9-0-2; Absent: Cohen, Torres)
8. COMMUNITY & ECONOMIC DEVELOPMENT
REDEVELOPMENT – SUCCESSOR AGENCY9.
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10. LAND USE
10.1 Land Use on Consent Calendar
No Land Use Items on Consent Calendar
END OF CONSENT CALENDAR
10. Land Use - Regular Agenda
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• Open Forum
1. Pachuco Agbalog spoke to his previous conviction and current life struggles and concerns. • Adjournment
The Council of the City of San José adjourned at 3:58 p.m. in memory of Marie Arnold, beloved wife, mother, grandmother, aunt, friend, Registered Nurse, and community activist passed away peacefully surrounded by her loving family on July 16, 2024. Marie was a longtime resident of the Blossom Valley neighborhood and a former San José Neighborhood Commissioner. She will be forever remembered for her big heart, sharp wit, quick mind, and desire to help others.
Minutes Recorded, Prepared, and Respectfully Submitted by, Yasmin Johnson, Deputy City Clerk
City of San José
Approved at Council on: 8/12/2025
# of Actions: 6
Attest By:
Toni Taber, MMC,
City Clerk, City of San José
City Council August 20, 2024
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SAN JOSÉ CITY COUNCIL CLOSED SESSION MINUTES
August 20, 2024
Present Councilmembers: Mahan, Kamei, Foley, Ortiz,
Candelas, Doan, Batra.
Absent Councilmembers: Jimenez, Cohen, Davis, Torres.
Place: City Hall Conference Room W-133
Time: 9:30 a.m.
CLOSED SESSION ITEM(S) DISCUSSED:
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
1. Case Name: In re: Claim of Rishel
Name(s) of Party(ies)
Court: Worker’s Compensation Appeals Court
Case No: ADJ14871316, ADJ14871315
Amount of Money or Other Relief
Sought:
Benefits
2. Case Name: In re: Claim of Middleton
Name(s) of Party(ies)
Court: Worker’s Compensation Appeals Court
Case No: ADJ15682550, ADJ4145650
Amount of Money or Other Relief
Sought:
Benefits
3. Case Name:
Amarjeet Rai v. City of San Jose
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Name(s) of Party(ies) AMARJEET RAI, CITY OF SAN JOSE
Court: Santa Clara County Superior Court
Case No: 23CV422700
Amount of Money or Other Relief
Sought:
Damages according to proof