Minutes — San Jose City Council, September 24, 2024

CITY COUNCIL MEETING
Minutes
Tuesday, September 24, 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 September 24, 2024
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• Call to Order and Roll Call
9:33 a.m.- Closed Session. See Pages 17-21 for Closed Session Minutes.

Present Councilmembers: Mahan, Kamei, Foley, Candelas, Doan, Davis, Ortiz, Cohen, Torres, Jimenez.

Absent Councilmembers: Batra.

1:35 p.m. - Regular Session.

Present Councilmembers: Mahan, Kamei, Batra, Foley, Candelas, Doan, Davis, Ortiz, Cohen, Torres, Jimenez.

Absent Councilmembers: All present.
• Pledge of Allegiance
Mayor Matt Mahan led the Pledge of Allegiance.
• Invocation (District 8)
Councilmember Domingo Candelas introduced the Polynesian Dancers from Lôkahi who offered the invocation with a dance.
• Orders of the Day
None provided.

• Adjournment Recognition
Councilmember Omar Torres adjourned the meeting in memory of Chris Esparza, a San José native, who passed away on August 4, 2024. Chris was the Community Development Director for the School of Arts and Culture at Mexican Heritage Plaza. His creative vision and dedication to building vibrant community spaces left a lasting legacy that will continue to shape the City of San José. His wife and daughter shared a few words in remembrance. • Closed Session Report
Nora Frimann, City Attorney, reported that Council gave authority to file a petition with the California Supreme Court seeking review of a sixth District Court of Appeal decision in the case (Sutter's place Inc. v. City of San José). She also informed that the City received authority from the Council to file an action on behalf of the City of San Jose in conjunction with a multidistrict litigation class action entitled (Shale Oil Antitrust Litigation).

That complaint will be filed in the United States District Court, District of New Mexico, the existing Case Number is 243119. The MDL number is 3119.

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1. CEREMONIAL ITEMS

1.1 Councilmember Omar Torres presented the commendation to Alfredo Diaz for his incredible career running Diaz Menswear for nearly 40 years in Downtown San José.

1.2 Councilmember Domingo Candelas presented the commendation recognizing the Evergreen Leadership Neighborhood Association for their commitment to beautification, activation, and advocacy for our community in the City of San José.

2. CONSENT CALENDAR
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, 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.

None provided.

2.3 Approval of Council Committee Minutes.

None provided.

2.4 Mayor and Council Excused Absence Requests.

Request for excused absences for Councilmember Cohen from the Regular Meetings of:
(a) City Council on September 17, 2024 and September 24, 2024 due to illness; and (b) Rules and Open Government Committee and Committee of the Whole on September 18, 2024 and September 25, 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. (Cohen) [Rules Committee referral 9/18/2024 - Item A.1.a]
Action: The requests for excused absences for Councilmember David Cohen were 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.

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2.7 Actions Related to Citywide Purchase Orders for Computer Parts, Peripherals, Audio Visual Equipment, and PC Software.

Adopt a resolution authorizing the City Manager or her designee to:
(a) Negotiate and execute a purchase order with ComputerLand of Silicon Valley (a division of ISSQUARED, Inc.), 4Tech Solutions LLC, and Transource Services Corp. for computer parts, peripherals, audio visual equipment, and PC software for a combined maximum compensation of $5,200,000 for the initial term beginning on or about September 1, 2024, and ending August 31, 2025, or as otherwise adjusted to align with the software subscription term;
(b) Negotiate and execute amendments as required for any unanticipated changes to the purchase orders with ComputerLand of Silicon Valley (a division of ISSQUARED, Inc.), 4Tech Solutions LLC, and Transource Services Corp. not to exceed a total amount of $500,000, subject to the appropriation of funds; and
(c) Exercise up to six additional one-year options to extend the term through August 31, 2031, or as may be adjusted to align with the software subscription renewal term, subject to the appropriation of funds.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) Action: Resolution No. RES2024-327 was adopted, regarding the actions related to Citywide Purchase Orders for computer parts, peripherals, audio visual equipment, and PC Software. (11-0-0)

2.8 First Amendment to the Agreement with MGT Impact Solutions, LLC, for a Citywide Disparity Study.

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the First Amendment to the Agreement for Consultant Services with MGT Impact Solutions LLC, formerly MGT of America Consulting, LLC (Sacramento, CA) for a Citywide Disparity Study to extend the term of the agreement and add one additional one- year option term through June 30, 2025, under the same material terms and conditions as the original agreement with no increase to compensation.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)

DEFERRED TO 10/8/2024 PER ADMINISTRATION

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2.9 Actions Related to the Purchase Order with Pierce Manufacturing, Inc. for an Aircraft Rescue Fire Fighting Vehicle.
(a) Adopt a resolution authorizing the City Manager or her designee to:
(1) Execute a purchase order with Pierce Manufacturing, Inc. (Appleton, WI) for an Aircraft Rescue Fire Fighting Vehicle and associated equipment, for a one-year term beginning on or about September 25, 2024, ending on or about September 24, 2025, for a total not-to-exceed amount of $2,200,000;
(2) Approve a contingency of $500,000 for unanticipated modifications to the Aircraft Rescue Fire Fighting Vehicle specifications and equipment subject to the appropriation of funds; and
(3) Exercise up to six one-year options to extend the term of the purchase order with the last option year ending on or about September 24, 2031, subject to the appropriation of funds.
(b) Adopt the following 2024-2025 Funding Sources Resolution and Appropriation Ordinance amendments in the Airport Capital Improvement Fund:
(1) Increase the estimate for Revenue from Federal Government by $97,000; and (2) Increase the Aircraft Rescue and Fire Fighting Apparatus Replacement appropriation to the Airport Department by $97,000.
(c) Adopt the following 2024-2025 Appropriation Ordinance amendments in the Airport Renewal and Replacement Fund:
(1) Decrease the Unrestricted Ending Fund Balance by $103,000; and (2) Increase the Aircraft Rescue and Fire Fighting Apparatus Replacement appropriation to the Airport Department by $103,000.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance/City Manager) Action: (a) Resolution No. RES2024-328, (b) Funding Sources Resolution No. RES2024- 329, (b) Appropriation Ordinance No. 31121, and (c) Appropriation Ordinance No. 31122 were adopted, regarding the actions related to the Purchase Order with Pierce Manufacturing, Inc. for an Aircraft Rescue Fire Fighting Vehicle. (11-0-0)

2.10 Second Amendment to the Agreement with Active Network, LLC for the Purchase of a Fully Hosted Registration and Parks System.

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the Second Amendment to the Agreement with Active Network, LLC (Plano, TX) for the purchase of a fully hosted registration and parks system to add two one-year options to extend the agreement through April 30, 2027, for ongoing hosting, technical support, maintenance, and payment processing services.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) Action: Resolution No. RES2024-330 was adopted, regarding the Second Amendment to the Agreement with Active Network, LLC (Plano, TX) for the purchase of a fully hosted registration and parks system. (11-0-0)
City Council September 24, 2024
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2.11 Master Consultant Agreement with Fugro USA Land, Inc. for Roadway Condition Assessment and Data Collection.

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Master Consultant Agreement with Fugro USA Land, Inc. for Roadway Condition Assessment and Data Collection from the date of execution through December 30, 2029, for an amount not to exceed $5,000,000.

CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. (Transportation)

Action: Resolution No. RES2024-331 was adopted, regarding the Master Consultant Agreement with Fugro USA Land, Inc. for Roadway Condition Assessment and Data Collection. (11-0-0)

2.12 Retroactive Approval of Dumpster Day Sponsored by Council District 9 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 September 18, 2024:
(a) Retroactively approve the Dumpster Day scheduled on September 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 events.

CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Foley)
[Rules Committee referral 9/18/2024 - Item B.3]

Action: The City Council Sponsored Special Event was retroactively approved. (11-0-0)

2.13 Retroactive Approval of Neighborhood Dumpster Day at Bellevue Park Sponsored by Council District 7 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 September 18, 2024:
(a) Retroactively approve the Neighborhood Dumpster Day at Bellevue Park scheduled on September 7, 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 events.

CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Doan)
[Rules Committee referral 9/18/2024 - Item B.4]

Action: The City Council Sponsored Special Event was retroactively approved. (11-0-0) City Council September 24, 2024
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2.14 Retroactive Approval of the Vietnamese Flag Raising Sponsored by Council District 7 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 September 18, 2024:
(a) Retroactively approve the Vietnamese Flag Raising scheduled on September 7, 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 events.

CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Doan)
[Rules Committee referral 9/18/2024 - Item B.5]
Action: The City Council Sponsored Special Event was retroactively approved.(11-0-0)

3. STRATEGIC SUPPORT

3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)

City Manager, Jennifer Maguire offered the verbal report by recognizing the San Jose Police Department's 175th anniversary in protecting the San Jose community. She spoke to the department commitment to delivering exceptional and equitable service, implementing 21st century police policing practices, which include building trust with the community, reducing crime and employing new policies and trainings.

3.2 Labor Negotiations Update.

None provided.

3.3 Status of Open Audit Recommendations.

Accept the status of the Open Audit recommendations as of June 30, 2024.

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

Joe Rois, City Auditor; and Brittney Harvey, Supervising Auditor offered the presentation and responded to questions.

Public Comment: None provided.

Action: Upon motion by Councilmember Peter Ortiz, seconded by Councilmember Bien Doan, and carried unanimously, the status of the Open Audit recommendations as of June 30, 2024 was accepted. (9-0-2; Absent: Foley, Candelas) City Council September 24, 2024
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4. PUBLIC SAFETY

5. TRANSPORTATION & AVIATION SERVICES

6. ENVIRONMENTAL & UTILITY SERVICES

7. NEIGHBORHOOD SERVICES

8. COMMUNITY & ECONOMIC DEVELOPMENT

8.1 Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report.

(a) Hold a public hearing to allow for public comment on the Fiscal Year 2023-2024 Consolidated Annual Performance and Evaluation Report.
(b) Accept the report on the progress towards achieving the housing and community development goals identified in the City’s Fiscal Year 2020-2025 Five-Year Consolidated Plan and the Fiscal Year 2023-2024 Annual Action Plan regarding the use of federal funds from the United States Department of Housing and Urban Development for submittal to the United States Department of Housing and Urban Development by the September 30, 2024 deadline.

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

Erik Solivan, Director, Housing Department offered the presentation and responded to questions.

Public Comment: None provided.

Action: Upon motion by Councilmember David Cohen, seconded by Councilmember Pam Foley, and carried unanimously,(a) the public hearing was held, and (b) the report on the progress towards achieving the housing and community development goals identified in the City’s Fiscal Year 2020-2025 Five-Year Consolidated Plan and the Fiscal Year 2023- 2024 Annual Action Plan was accepted. (11-0-0)

8.2 Request for Proposal for Consultant Services for the Eastside Alum Rock Urban Village to Implement Envision San José 2040 General Plan.

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a contract for consultants to assist with the development of the City’s Eastside Alum Rock Urban Village Plan for a maximum aggregate compensation not to exceed $360,393, contingent upon the appropriation of the remaining grant funds during the Fiscal Year 2024-2025 Annual Report.

CEQA: Exempt pursuant to CEQA Guidelines Section 15262, Feasibility and Planning Studies. Council District 5. (Planning, Building and Code Enforcement) DEFERRED TO 10/8/2024 PER ADMINISTRATION
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8.3 Soft Story Seismic Retrofit Ordinance.

Approve an ordinance amending Title 17 of the San José Municipal Code to add Chapter

17.41 to require seismic retrofit of certain wood-frame target story residential buildings effective April 1, 2025.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment; Statutorily Exempt, File No. ER23-173, CEQA Guidelines Section 15301, Existing Facilities. (Planning, Building and Code Enforcement/Housing/City Manager)

Lisa Joiner, Deputy Director, Department of Planning, Building, and Code Enforcement (PBCE); Raymond Riordan, Director, Office of Emergency Management; Erik Soliván, Director, Housing Department; and Emily Hislop, Division Manager, Housing Department offered the presentation and responded to questions.

David Bonowitz, the Cities Consultant for professional engineering services for the Soft Story Seismic Retrofit Program Project was available for questions.

Public Comment: W. Gene Hunt, Enrique Navarro-Donnellan (SCCAOR), Cindy Bautista (Pasos-Sacred Heart), Rosibell Adolfo (Sacred Heart), Allison Cingolani (SV@Home), John Worthing, Anil Babbar (California Apartment Association CAA), Scott Soper, Huascar Castro (WPUSA), Cheryl, Anne Stewart, Dan Pan (Bahn), Joyce Liu, Jenny Zhao, Jeremy Barousse (Amigos De Guadalupe), Stephanie Ligsay, and David E. provided public testimony regarding the item.

Motion: Vice Mayor Rosemary Kamei moved approval of the following:
• The Mayor’s memorandum dated, September 24, 2024.
• The joint memorandum co-authored by Councilmember Foley, Councilmember Davis, and Councilmember Candelas, dated September 20, 2024. • The joint memorandum co-authored by Councilmember Ortiz, Councilmember Torres, and Councilmember Jimenez, dated September 20, 2024; excluding recommendation 1(a)(i), and modify recommendation 1(a)(ii) to state, “Monitor the impact of this ordinance on tenants residing in soft story buildings as part of the ongoing work in the Rent Stabilization Program Strategic Plan.” • Create a financing program that allows all soft story units to access favorable loan terms should future funding become available.
- Councilmember Pam Foley seconded the motion.

Friendly Amendment: Councilmember Peter Ortiz requested that the original recommendation 1(a)(ii) be reinserted as part of the motion, regarding the joint memo he co-authored with Councilmember Torres and Councilmember Jimenez, dated September 20 2024. The friendly amendment was not accepted by the maker of the motion and seconder.

Substitute Motion: Councilmember Peter Ortiz moved approval of the following:
• The Mayor’s memorandum dated, September 24, 2024, including recommendation 2, but excluding subsection (a) of recommendation 2, regarding the modification of 1(a)(ii).

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• The joint memorandum co-authored by Councilmember Foley, Councilmember Davis, and Councilmember Candelas, dated September 20, 2024, with the modification to recommendation 4 to state, “revisit the expansion of eligible buildings for retrofit financing programs after the completion of screenings.” • The joint memorandum he co-authored with Councilmember Torres and Councilmember Jimenez, dated September 20, 2024.
- Councilmember Torres seconded the Substitute Motion.

Friendly Amendment: Councilmember Pam Foley requested that the original recommendation #4 in its totality be included as part of the Substitute Motion, regarding the joint memorandum she co-authored with Councilmember Davis, and Councilmember Candelas, dated September 20, 2024. The friendly amendment was accepted by the maker of the motion and seconder.

Friendly Amendment:

Councilmember Pam Foley requested that recommendation
1(a)(i) be excluded from the joint memorandum co-authored by Councilmember Ortiz, Councilmember Torres, and Councilmember Jimenez, dated September 20, 2024, stating “If Measure E funds are to be used, direct the City Manager to implement restrictions against any additional rent increase higher than the average from the last three years.” Also including that the item be cross-referenced to the Community & Economic Development Committee (CED) by the end of 2025. The Friendly Amendment was accepted by the maker of the Substitute Motion and seconder.

Friendly Amendment: Councilmember Arjun Batra requested that the start date of the Ordinance be extended to July 1st and not April. The Friendly Amendment was retracted after Staff spoke to screening time reductions.

Friendly Amendment: Councilmember Bien Doan requested that his memorandum dated, September 24, 2024 be included in the Substitute Motion. The Friendly Amendment was not accepted by the maker of the Substitute Motion and seconder.

Action: On a call to question, the Substitute Motion carried unanimously, Ordinance No. 31123 was passed for publication, regarding the amendment of Title 17 of the San José Municipal Code to add Chapter 17.41 to require seismic retrofit of certain wood-frame target story residential buildings effective April 1, 2025. Including that the item be cross- referenced to the Community & Economic Development Committee (CED) by the end of 2025. The below actions as indicated.

Including the amended memorandum authored by Mayor Matt Mahan, dated September 24, 2024, recommending the following, excluding subsection (a) of recommendation 2 :

1.) Adopt the memo authored by Councilmembers Foley, Davis, and Candelas.

2.) Adopt the memo authored by Councilmembers Ortiz, Torres, and Jimenez except

1.a.i.
(a) Modify recommendation 1.a.ii to state, “Monitor the impact of this ordinance on tenants residing in soft story buildings as part of the ongoing work in the Rent Stabilization Program Strategic Plan.”

3.) Create a financing program that allows all soft story units to access favorable loan terms should future funding become available.

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Also including the joint memorandum as is, authored by Councilmember Pam Foley, Councilmember Dev Davis, and Councilmember Domingo Candelas, dated September 20, 2024, recommending the following:

Approve staff recommendation with the following modifications:

1.) Direct staff to return to the Community and Economic Development (CED) Committee 9 months after the ordinance effective date with an evaluation of the screening timeline.

2.) Adjust the construction compliance timeline for each group as follows:
a.) Group 1: Five years after ordinance effective date
b.) Group 2: Six years after ordinance effective date
c.) Group 3: Seven years after ordinance effective date

3.) Direct staff to develop multilingual template notification documents to be used by building owners to fulfill requirements established by the Tenant Coordination Plans.

4.) All building owners subject to the Apartment Rent Ordinance (ARO) with buildings between three to twenty units may qualify for a rebate up to 50% of the total cost of the required retrofit regardless of if they participate in the Retrofit Financing Program. a.) Prohibit all rebate recipients subject to the ARO from any capital pass through, similar to building owners participating in the Retrofit Financing Program.

5.) Direct staff to investigate alternate sources of funding for the Retrofit Financing Program.

Also including the amended joint memorandum co-authored by Councilmember Ortiz, Councilmember Torres, and Councilmember Jimenez, dated September 20, 2024, excluding recommendation 1(a)(i), recommending the following:

1.) Accept the staff recommendation with the following modifications:
a.) Direct the City Manager to identify funding sources for a low-interest loan fund outside of Measure E dollars.
i.) If Measure E funds are to be used, direct the City Manager to implement restrictions against any additional rent increase higher than the average from the last three years.
ii.) Conduct further research on the impact that this ordinance would have on tenants in soft story buildings who are not receiving a regular annual rent increase of 5%. We would ask that this analysis be cross referenced with data regarding tenants that are currently rent-burdened and extremely rent- burdened in order to get a genuine capture of how already vulnerable households could be further impacted by increased living costs via rent increases as a result of this program.
(11-0-0)

9. REDEVELOPMENT – SUCCESSOR AGENCY

10. LAND USE

Public Comment: None provided.

Action: Upon motion by Councilmember Peter Ortiz, seconded by Vice Mayor Rosemary Kamei, and carried unanimously, the Land Use Consent Calendar was approved as a whole, the below actions were taken as indicated. (11-0-0)
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10.1 Land Use on Consent Calendar

(a) PDC22-078, T22-027, PD24-002, and ER22-156 - Planned Development Rezoning, Tentative Map, and Planned Development Permit to Allow the Subdivision of Two Residential Lots at 1581 Minnesota Avenue.
(1) Approve an ordinance rezoning certain real property of an approximately 0.38-gross- acre site situated on the north side of Minnesota Avenue, approximately 200 feet northeast of the intersection of Minnesota Avenue and Meridian Avenue (1581 Minnesota Avenue) from the R-1-8 Single-Family Residence Zoning District to the R-1-8(PD) Planned Development Zoning District.
(2) Adopt a resolution approving, subject to conditions, a Tentative Map to subdivide one approximately 16,607-square-foot residential lot into two residential lots (including a flag lot) on an approximately 0.38-gross-acre site.
(3) Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of an approximately 502-square-foot accessory structure for the construction of an approximately 2,612-square-foot two-story single-family residence on an approximately 0.38-gross-acre site.

CEQA: Exempt pursuant to CEQA Guidelines Section 15303 for New Construction or Conversion of Small Structures. Planning Commission recommends approval (7-0-2, Barocio and Oliverio absent) (Item 4.c on the 8/28/2024 Planning Commission agenda).

Council District 6. (Planning, Building and Code Enforcement) [Deferred from 9/10/2024 – Item 10.1(a)]
No presentation provided.

Action: (a)(1) Ordinance No. 31124 was passed for publication, regarding the rezoning of certain real property (1581 Minnesota Avenue) from the R-1-8 Single-Family Residence Zoning District to the R-1-8(PD) Planned Development Zoning District; (a)(2) Resolution No. RES2024-332 was adopted, regarding the tentative map to subdivide one approximately 16,607-square-foot residential lot into two residential lots (including a flag lot) on an approximately 0.38-gross-acre site; and (a)(3) Resolution No. RES2024-333 was adopted, regarding the Planned Development Permit to allow the demolition of an approximately 502-square-foot accessory structure. (11-0-0)

(b) 10.1(b) HL24-001 – Application for Designation of 484 East San Fernando Street (Grace Baptist Church) as a City Landmark.

Adopt a resolution designating 484 East San Fernando Street (Grace Baptist Church) as a City Landmark of special historical, architectural, cultural, aesthetic, or engineering interest or value of a historic nature.

CEQA: Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resources and Rehabilitation. Historical Landmarks Commission recommends approval (4-0-1-1, Janke absent, Arnold abstained) (Item 3.a. on the 8/7/2024 Historical Landmarks Commission agenda). Council District 3. (Planning, Building and Code Enforcement)

No presentation provided.

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Action: Resolution No. RES2024-334 was adopted, regarding the designation of 484 East San Fernando Street (Grace Baptist Church) as a City Landmark of special historical, architectural, cultural, aesthetic, or engineering interest or value of a historic nature. (11-0-0)

END OF CONSENT CALENDAR

10. Land Use - Regular Agenda

10.2 PDC24-036, PD23-013 & ER23-141 – Planned Development Zoning District and Planned Development Permit for Certain Real Property Located at 2919 South King Road.
(a) Approve an ordinance rezoning certain real property of an approximately 9.8-gross-acre site situated on the westerly side of South King Road, approximately 250 feet south of the intersection of South King Road and Barberry Lane (2919 South King Road) from the LI(PD) Planned Development Zoning District to the LI(PD) Planned Development Zoning District.
(b) Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the construction of a 55-foot-high monopole telecommunication tower with 15 wireless communication antennas and associated ground equipment on an approximately

4.93-gross-acre site located on the westerly side of South King Road, approximately 250 feet southerly of the intersection of South King Road and Barberry Lane (2919 South King Road).

CEQA: Exempt pursuant to CEQA Guidelines Section 15303 for New Construction of Small Structures, File No. ER23-141. Planning Commission recommends approval (7-1-1, Barocio opposed; Bickford absent) (Item 4.d. on the 8/14/2024 Planning Commission agenda). Council District 7. (Planning, Building, and Code Enforcement) [Deferred from 8/27/2024 – Item 10.1(a)]
Vice Mayor Rosemary Kamei recused herself due to a potential conflict of interests as advised by City Attorney Nora Frimann.

Christopher Burton, Director, (PBCE) offered the presentation.

Eric Lentz, the applicant on behalf of AT&T was available for Council questions.

Public Comment: Loan Duong, Thien Nguyen (presentation), Gourab D. (presentation), James Tong (presentation), Khanh Tran, Alan Dang, and Hao Giang provided public testimony regarding the item.

Action: Upon motion by Councilmember David Cohen, seconded by Councilmember Dev Davis, and carried unanimously, (a) Ordinance No. 31125 was passed for publication, regarding the rezoning of certain real property of an approximately 9.8-gross-acre site situated on the westerly side of South King Road; and (b) Resolution No. RES2024-335 was adopted, regarding the Planned Development Permit to allow the construction of a 55-foot-high monopole telecommunication tower with 15 wireless communication antennas and associated ground equipment. (10-1-0; Recused: Kamei)
City Council September 24, 2024
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10.3 PDC21-032, PT21-039, PD21-017 and ER21-148 – Planned Development Rezoning, Planned Development Permit, and Vesting Tentative Map, on Certain Real Property Located at 1334 and 1348 Miller Avenue.

(a) Adopt a resolution adopting the 1334 and 1348 Miller Avenue Residential Subdivision Project Mitigated Negative Declaration, for which an initial study was prepared, all in accordance with the California Environmental Quality Act, as amended, and adopting a related Mitigation Monitoring and Reporting Program.
(b) Approve an ordinance rezoning the Project Site from the R-1-8 Single Family Residence District to the R-1-8(PD) Planned Development Zoning District on an approximately 1.07-gross-acre site.
(c) Adopt a resolution approving, subject to conditions, a Vesting Tentative Map to subdivide two existing parcels into nine lots, including seven single-family lots, one multifamily lot, and one lot for a private street on an approximately 1.07-gross-acre site. (d) Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of two single-family residences and two accessory buildings, the removal of 11 ordinance-size and seven non-ordinance-size trees, the construction of five detached-single-family residences, two attached single-family residences, and a stacked duplex reserved as affordable to lower-income households, and the granting of State Density Bonus Law waivers (private open space, minimum distance from street to parking, geographic concentration of affordable units, unit size of affordable units, parking equivalence for affordable units, and affordable unit types) on an approximately 1.07- gross-acre site, including corrections to the Waivers section of the resolution to match the text in the published Staff Report.

CEQA: Mitigated Negative Declaration for the 1334 and 1348 Miller Avenue Residential Subdivision Project, File No. ER21-148. Planning Commission motion to recommend approval failed (4-4-1; Cantrell, Barocio, Oliverio, and Rosario opposed, Bickford absent) (Item 5.a on the 8/14/2024 Planning Commission agenda). Council District 1. (Planning, Building and Code Enforcement)
[Deferred from 9/10/2024 – Item 10.2]
Christopher Burton, Director, (PBCE) offered the presentation and responded to questions.

Applicant, Melanie Griswold provided a presentation and was available for questions.

Public Comment: Yueqi Zhou provided public testimony regarding the item.

Action: Upon motion by Vice Mayor Rosemary Kamei, seconded by Councilmember Bien Doan, and carried unanimously, (a) Resolution No. RES2024-336 was adopted regarding the adoption of the 1334 and 1348 Miller Avenue Residential Subdivision Project Mitigated Negative Declaration; (b) Ordinance No. 31126 was passed for publication, regarding the Project Site from the R-1-8 Single Family Residence District to the R-1- 8(PD) Planned Development Zoning District; (c) Resolution No. RES2024-337 was adopted, regarding the Vesting Tentative Map to subdivide two existing parcels into nine lots, including seven single-family lots, one multifamily lot, and one lot for a private street ; and (d) Resolution No. RES2024-338 was adopted, regarding the Planned Development Permit to allow the demolition of two single-family residences and two accessory buildings, the removal of 11 ordinance-size and seven non-ordinance-size trees, the construction of five detached-single-family residences, two attached single-family City Council September 24, 2024
City of San José Page 15 September 24, 2024

residences, and a stacked duplex reserved as affordable to lower-income households, and the granting of State Density Bonus Law waivers. (11-0-0)

10.4 HLD24-001 –Designation of Schiele Subdivision and Alameda Park as a City Landmark Historic District Nominated by the San José City Council on April 30, 2024.
(a) Receive report and recommendation from the Planning Commission, together with the report and recommendation from the Historic Landmarks Commission. (b) Adopt a resolution designating the Schiele Subdivision and Alameda Park as a City Landmark Historic District that is a geographically definable area of urban or rural character, possessing a significant concentration or continuity of site, buildings, structures, or objects unified by past events or aesthetically by plan or physical development pursuant to Chapter 13.48 of the San José Municipal Code.

CEQA: Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resources and Rehabilitation. Historical Landmarks Commission recommends approval (5-0-1, Janke absent) (Item 3.b. on the 8/7/2024 Historical Landmarks Commission agenda). Planning Commission recommends approval (5-4, Tordillos, Bickford, Lardinois, and Rosario opposed) (Item 5.a on the 8/28/2024 Planning Commission agenda). Council District 6. (Planning, Building and Code Enforcement)

Christopher Burton, Director, (PBCE) offered the presentation and responded to questions.

Public Comment: None provided.

Action: Upon motion by Councilmember Dev Davis, seconded by Councilmember Omar Torres, and carried unanimously, the report and recommendation was received from the Planning Commission, together with the report and recommendation from the Historic Landmarks Commission; (b) Resolution No. RES2024-339 was adopted, designating the Schiele Subdivision and Alameda Park as a City Landmark Historic District.

Also including the joint memorandum co-authored by Mayor Mahan, Vice Mayor Kamei, Councilmember Davis, Councilmember Foley, and Councilmember Candelas dated, September 20, 2024, recommending the following:

1.) Support the staff recommendation to adopt a resolution designating Schiele Subdivision and Alameda Park as a City Landmark District as nominated by the San Jose City Council on April 30, 2024.
(11-0-0)
• Open Forum

1. Mike Sodergren stated he repeatedly requested information from the Historic Landmarks Commission, regarding what it means when your property is considered a historic designation because of the concern and fear it has caused residents. He also requested information on what grants are available for repairs to homes designated.

City Council September 24, 2024
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• Adjournment
The Council of the City of San José adjourned the meeting at 6:34 p.m. in memory and honor of Chris Esparza, a San José native, who passed away on August 4, 2024. Chris was the Community Development Director for the School of Arts and Culture at Mexican Heritage Plaza. His creative vision and dedication to building vibrant community spaces left a lasting legacy that will continue to shape the City of San José.

Minut
es Recorded, Prepared, and Respectfully Submitted by,
Yasmin Johnson,
Deputy City Clerk City of San José
Approved at Council on: 8/12/2025
# of Actions: 8
Attest By:

T
oni Taber, MMC
City Clerk, City of San José
• Notice of City Engineer's Pending Decision on Final Maps

FOR RECEIPT
Tract: 10637
Location: 1655 Lincoln Avenue
District: 6
Lots/Units: 6/5
Type: SFD
Developer: De Anza Properties

FOR APP
ROVAL
Tract: 10637
Location: 1655 Lincoln Avenue
District: 6
Lots/Units: 6/5
Type: SFD
Proposed Decision: Approved
Developer: De Anza Properties

City Council September 24, 2024
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SAN JOSÉ CITY COUNCIL CLOSED SESSION MINUTES
September 24, 2024
Present Councilmembers: Mahan, Kamei, Foley, Candelas, Doan, Davis, Ortiz, Cohen, Torres, Jimenez.

Absent Councilmembers: Batra.

Place: City Hall Conference Room W-133
Time: 9:33 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 Blackwell
Name(s) of Party(ies)
Court: Worker’s Compensation Appeals Court
Case No: ADJ6639440, ADJ8075690
Amount of Money or Other Relief
Sought:

Benefits

2. Case Name:

In re: Claim of Morton
Name(s) of Party(ies)
Court: Worker’s Compensation Appeals Court
Case No: ADJ11581146, ADJ11581141, ADJ11581151,
ADJ11581142, ADJ11584049
Amount of Money or Other Relief
Sought:

Benefits

City Council September 24, 2024
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3. Case Name: Sutter’s Place, Inc., dba Bay 101 v. City of San Jose Name(s) of Party(ies) SUTTER’S PLACE, INC., CITY OF SAN JOSE ET AL.

Court: Court of Appeal of the State of California, Sixth Appellate District
Case No: H046146
Amount of Money or Other Relief
Sought:

Refund, declaratory relief, injunctive relief

4. Case Name: California Waste Solutions, Inc. v. City of San Jose Name(s) of Party(ies) CALIFORNIA WASTE SOLUTIONS INC., CITY

OF SAN JOSE
Court: United States District Court, Northern District of California
Case No: 23-cv-01647-MMC
Amount of Money or Other Relief
Sought:

Damages according to proof

5. Case Name: Hunter, Pernell v. City of San Jose et al.

Name(s) of Party(ies) HUNTER PERNELL, OFFICER MATTHEW
DIVINA JR.

Court: U.S. District Ct. N.D. Cal.

Case No: 23-cv-01641
Amount of Money or Other Relief
Sought:

Damages according to proof

6. Case Name:

Howard Jarvis Taxpayers Association, et al. v. City of
San Jose, et al.

Name(s) of Party(ies) HOWARD JARVIS TAXPAYERS ASSN., SILICON VALLEY TAXPAYERS ASSN., SILICON VALLEY

PUBLIC ACCOUNTABILITY FOUNDATION,
JAMES BARRY and GEORGE ARRINGTON, CITY

OF SAN JOSE, JENNIFER MAGUIRE, CITY OF

SAN JOSE CITY COUNCIL
Court: United States Court of Appeals for the Ninth Circuit Case No: 23-16091
Amount of Money or Other Relief Damages according to proof City Council September 24, 2024
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Sought:

B. 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

C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:

Initiation of litigation pursuant to Sections 54956.9(d)(4) of the Government code:

Number of matter(s) to be discussed: 1

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 Maintenance Supervisory
Personnel (AMSP)
Nature of negotiations: wages/salaries, hours, working conditions, etc.