City Council Meeting
Amended Agenda
Tuesday, October 29, 2024
1:30 PM
Council Chambers
MATT MAHAN, MAYOR
ROSEMARY KAMEI, DISTRICT 1
SERGIO JIMENEZ, DISTRICT 2
OMAR TORRES, DISTRICT 3
DAVID COHEN, DISTRICT 4
PETER ORTIZ, DISTRICT 5
DEV DAVIS, DISTRICT 6
BIEN DOAN, DISTRICT 7
DOMINGO CANDELAS, DISTRICT 8
PAM FOLEY, DISTRICT 9
ARJUN BATRA, DISTRICT 10
October 29, 2024City Council Amended Agenda
Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.
Public Comment in Person Only
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To request an alternative format agenda under the Americans with Disabilities Act for City-sponsored meetings, events or printer materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting.
Accommodations
Any member of the public who needs accommodations should email the ADA Coordinator at [email protected] or by calling (408) 535-8430. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. • Adaptaciones para discapacitados serán proporcionadas a pedido. Mande correo electrónico [email protected]; Llame (408) 535-8430
• Nhu câu cho người khuyết tật được cung cấp theo yêu câu. Email [email protected]; Gọi (408) 535-8430
THE LEVINE ACT
The Levine Act requires a Party in a Proceeding before the City of San José that involves any action related to their contract, license, permit, or use entitlement to disclose any campaign contributions to City elected or appointed officials totaling more than $250 within the 12 months prior to the City decision. A Participant to a Proceeding may voluntarily report a campaign contribution.
How to observe the Meeting (no public comment):
1) Cable Channel 26.
2) https://sanjoseca.gov/news-stories/watch-a-meeting
3) https://youtube.com/CityofSanJoseCalifornia
4) By Phone: (888) 475 4499. Webinar ID is 943 0203 7655. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free). 5) Online at: https://sanjoseca.zoom.us/j/94302037655
Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer.
October 29, 2024City Council Amended Agenda
How to submit written Public Comment before the City Council Meeting:
By email to [email protected] by 8:00 a.m. the day of the meeting. Those emails will be attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in the subject line of your email.
How to provide spoken Public Comment during the City Council Meeting:
You may speak to the City Council about any discussion item that is on the agenda, and you may also speak during Open Forum on items that are not on the agenda and are within the subject matter jurisdiction of the City Council. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during Open Forum. According to State Law (the Brown Act) items must first be noticed on the agenda before any discussion or action.
Each speaker generally has two minutes to speak per item. The total amount of time allocated for public testimony for each public speakers or for an agenda item may be limited at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. (California Government Code Section 54954.3; Council Policy 0-37)
Fill out a Yellow Speaker’s Card and submit it to boxes at the bottom of the Chambers. Do this before the meeting or before the item is heard. This will ensure that the name on the card is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants by calling speakers in an orderly manner. You may remain anonymous, but please fill out a card so we may call you. You can put “anonymous speaker” or “no name” on the card. When the Council reaches your item on the agenda, the Mayor will open the public hearing and call your name. Please address the Council from the podium, which is located to the left of the City Clerk’s table. To assist you in tracking your speaking time, there is a display on the podium. The green light turns on when you begin speaking; the yellow light turns on when you have 30 seconds left; and the red light turns on when your speaking time is up. • Call to Order and Roll Call
9:00 a.m.- Closed Session, Call to Order in Council Chambers Open Session, Labor Negotiations Update (See Item 3.2)
Adjourn to Closed Session in Council Chambers Conference Room, W133 See Separate Agenda
24-2149 Closed Session Agenda
Closed Session AgendaAttachments
1:30 p.m.- Regular Session, Council Chambers, City Hall
October 29, 2024City Council Amended Agenda
• Pledge of Allegiance
• Invocation (District 9)
District 9 Stars
• Orders of the Day
To be heard after Ceremonial Items
SEE NEW ITEM 5.1(b), “Speed Safety System Pilot Use Policy and the Speed Safety System Impact Report” TO BE ADDED UNDER ORDERS OF THE DAY. REQUIRES A DETERMINATION BY A TWO THIRDS (2/3) VOTE OF THE MEMBERS OF THE COUNCIL PRESENT AT THE MEETING, OR, IF LESS THAN TWO THIRDS (2/3) OF THE MEMBERS OF THE COUNCIL ARE PRESENT AT THE MEETING, A “UNANIMOUS VOTE OF THOSE MEMBERS PRESENT THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION.
Consolidated Open Government and Ethics Resolution No. RES2024-99, Section 2.3.2.1.E.3; Council’s Rules of Conduct, Resolution No. RES2023-22, Rule 3(d).
Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.
• Adjournment Recognition
• Closed Session Report
To be heard after Ceremonial Items
1. CEREMONIAL ITEMS
1.1 Presentation of a proclamation declaring October 2024 as Domestic Violence Awareness Month in the City of San José to raise awareness of the impact of domestic violence, empower survivors, and foster a collective commitment to preventing and addressing domestic violence in all its forms. (Batra)
1.2 Presentation of a proclamation declaring October 31, 2024 as a celebration of Diwali, the Festival of Lights, recognizing its message of tolerance, compassion, and fostering an atmosphere of harmony and inclusiveness in the City of San José. (Candelas)
1.3 Presentation of a proclamation recognizing October 2024 as Digital Inclusion Month to highlight the many programs and support services offered to City residents, connecting people to affordable devices, internet service, digital skills training, and more, and recognizing that the San José Public Library as the only public library in the nation to build on Digital Inclusion Week for a month-long celebration. (Mayor & Ortiz)
October 29, 2024City Council Amended Agenda
2. CONSENT CALENDAR
Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately.
2.1 Approval of City Council Minutes.
2.2 Final Adoption of Ordinances.
2.3 Approval of Council Committee Minutes.
October 29, 2024City Council Amended Agenda
24-2151 Approval of Council Committee Minutes.
Recommendation: (a) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 23, 2023.
(b) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 30, 2023.
(c) Regular Joint Meeting for the Rules and Open Government Committee Minutes of September 6, 2023.
(d) Regular Joint Meeting for the Rules and Open Government Committee Minutes of September 13, 2023.
(e) Regular Joint Meeting for the Rules and Open Government Committee Minutes of September 20, 2023.
(f) Regular Joint Meeting for the Rules and Open Government Committee Minutes of September 27, 2023.
(g) Regular Community and Economic Development Committee Minutes of August 28, 2023.
(h) Regular Community and Economic Development Committee Minutes of September 25, 2023.
(i) Regular Neighborhood Services and Education Committee Minutes of September 14, 2023.
(j) Regular Public Safety, Finance and Strategic Support Committee Minutes of September 21, 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.
(a) 08-23-2023 ROGC Minutes
(b) 08-30-2023 ROGC Minutes
(c) 09-06-2023 ROGC Minutes
(d) 09-13-2023 ROGC Minutes
(e) 09-20-2023 ROGC Minutes
(f) 09-27-2023 ROGC Minutes
(g) 08-28-2023 CED Minutes
(h) 09-25-2023 CED Minutes
(i) 09-14-2023 NSE Minutes
(j) 09-21-2023 PSFSS Minutes
Attachments
2.4 Mayor and Council Excused Absence Requests.
2.5 City Council Travel Reports.
October 29, 2024City Council Amended Agenda
2.6 Report from the Council Liaison to the Retirement Boards.
2.7 24-2119 Resolution to Define the Terms and Conditions Requiring Allowable Fire Department Personnel Hours to be Reassigned to Mutual Aid Events.
Recommendation: Adopt a resolution identifying the terms and conditions that require allowable Fire Department personnel hours for portal-to-portal coverage to be reassigned to mutual aid events for the purpose of receiving reimbursement from the State of California and/or federal agencies.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Fire)
Memorandum
Resolution
Attachments
2.8 24-2120 Amendment to the Agreement for Consultant Services with Sherwood Design Engineers, Ltd. for the Japanese Friendship Garden Koi Pond Pump House Project.
Recommendation: Approve the third amendment to the agreement for consultant services with Sherwood Design Engineers Ltd. to extend the term of the agreement from October 31, 2024 to December 31, 2027, with no change in maximum compensation, for design and construction support on the Japanese Friendship Garden Koi Pond Pump House Project.
CEQA: Categorically Exempt, File No. PP18-003. CEQA Guidelines Section 15269. Emergency Projects. Council District 7. (Public Works) Memorandum
Agreement
Attachments
2.9 24-2121 Amended Freeway Maintenance Agreement with Caltrans for the I-280 Soundwall Project.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the amended Interstate 680 Soundwall Project Maintenance Agreement between the State of California, Department of Transportation and the City of San José to incorporate the Interstate 280 Soundwall Project.
CEQA: Categorically Exempt, File No. ER23-009, CEQA Guideline Section 15301(c) Existing Facilities. Council District 6. (Transportation) MemorandumAttachments
October 29, 2024City Council Amended Agenda
2.10 24-2122 Design Consultant Contract with Kimley-Horn and Associates, Inc. for the Race Street/Parkmoor Avenue Safety Improvement Project.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to:
(a) Negotiate and execute the Standard Consultant Agreement with Kimley-Horn and Associates, Inc. for the Race Street and Parkmoor Avenue Safety Improvement Project, for an amount not to exceed $648,000; and
(b) Negotiate and execute amendments, as required, to extend the contract term up to an additional one year.
CEQA: Not a Project, File No. PP17-002, Consultant Services for design, study, inspection, or other professional services with no commitment to future action. Council District 6. (Transportation) MemorandumAttachments
2.11 24-2123 Amendment to the Parking Agreement with SJ North 1st LLC.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a first amendment to the parking agreement with SJ North 1st LLC to retroactively extend the term length from September 30, 2024 to June 30, 2029.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
Council District 3. (Transportation)
MemorandumAttachments
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
3.2 Labor Negotiations Update.
Accept Labor Negotiations Update.
TO BE HEARD AT 9:30 A.M.
October 29, 2024City Council Amended Agenda
3.3 24-2124 Adoption of Statement of Policy and City Council Questions for the Prospective Director of Human Resources.
Recommendation: Adopt a Statement of Policy and City Council Questions related to the selection of a prospective Director of Human Resources as described in the staff memorandum, in compliance with City Charter Section 411.1.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)
MemorandumAttachments
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
5.1 24-2125 Speed Safety System Use Policy and Speed Safety System Pilot Impact Report Adoption.
Recommendation: (a) Adopt the Speed Safety System Pilot Use Policy and the Speed Safety System Impact Report in accordance with requirements set forth in Assembly Bill 645.
(b) Adopt a resolution authorizing the City Manager or her designee to award, negotiate, and execute an agreement for speed safety camera systems to be deployed citywide to a responsive, responsible bidder in an amount not to exceed $16,000,000, subject to the appropriation of funds.
CEQA: Categorically Exempt, File No. ER23-009, CEQA Guideline Section 15301 Existing Facilities. (Transportation)
Memorandum
Attachment 1
Attachment 2
Attachment 3
Supplemental Memorandum, 10-25-2024
Presentation - est. 10 minutes
Letters from the Public
Attachments
6. ENVIRONMENTAL & UTILITY SERVICES
October 29, 2024City Council Amended Agenda
6.1 24-2127 Climate Smart San José Plan Semi-Annual Update.
Recommendation: As recommended by the Transportation and Environment Committee on October 7, 2024, accept the semi-annual report on the Climate Smart San José plan from March through August 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. (Environmental Services)
[Transportation and Environment Committee referral - 10/7/2024 - Item (d)1]
Memorandum
Presentation - est. 15 minutes
Letters from the Public
Attachments
7. NEIGHBORHOOD SERVICES
7.1 24-2130 BeautifySJ Neighborhood Blight Reduction Status Report.
Recommendation: As recommended by the Neighborhood Services and Education Committee on October 10, 2024, accept the BeautifySJ Neighborhood Blight Reduction Status Report for Fiscal Year 2023-2024.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Parks, Recreation and Neighborhood Services) [Neighborhood Services and Education Committee referral - 10/10/2024 - Item (d)2]
Memorandum
Memorandum from Mayor, Jimenez, Cohen & Candelas, 10-25-24 Presentation - est. 15 minutes
Letters from the Public
Attachments
8. COMMUNITY & ECONOMIC DEVELOPMENT
October 29, 2024City Council Amended Agenda
8.1 24-2131 Establishment of the Monterey Corridor Business Improvement District.
Recommendation: Receive a report and accept public comment on the establishment of the Monterey Corridor Business Improvement District.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. Council District 7. (Economic Development and Cultural Affairs)
Memorandum
Letters from the Public
Attachments
9. REDEVELOPMENT – SUCCESSOR AGENCY
10. LAND USE
Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item
10.1) as they are considered to be routine by the City Council and will be adopted by one motion.
If a member of the City Council requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately.
10.1 Land Use on Consent Calendar
No Land Use items on Consent Calendar.
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
• Open Forum
Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. Members of the public may only speak at Open Forum once.
• Adjournment
October 29, 2024City Council Amended Agenda
All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection online at https://sanjose.legistar.com/DepartmentDetail.aspx?
ID=21676&GUID=ACCCCFF5-F14A-4E1A-8540-9065F45A8A90 or at the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body.
Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council.
Please go to the Clerk’s Records Database https://records.sanjoseca.gov/Pages/Search.aspx for the final document, or you many also contact the Office of the City Clerk at (408) 535-1260 or [email protected].
October 29, 2024City Council Amended Agenda
ABOUT THE AGENDA
The City of San José is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public.
Welcome to the San José City Council meeting!
This Agenda contains both a Consent Calendar section for routine business items that require Council approval, and general business items arranged to correspond with San José’s City Service Areas (CSAs).
City Service Areas represent the policy-making level for strategic planning, policy setting, and investment decisions in the critical functions the City provides to the community. They are:
· Strategic Support - The internal functions that enable the CSAs to provide direct services to the community in an effective and efficient manner.
· Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services. · Transportation & Aviation Services - A safe and efficient transportation system that contributes to the livability and economic health of the City; and provide for the air transportation needs of the community and the region at levels that is acceptable to the community. · Environmental and Utility Services - Manage environmental services and utility systems to ensure a sustainable environment for the community.
· Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life.
· Community & Economic Development - Manage the growth and change of the community in order to create and preserve healthy neighborhoods and ensure a diverse range of employment and housing opportunities.
The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed, unless otherwise noted. The City Council, or less than a quorum, may adjourn any regular, special or adjourned meeting to a later date, time and place specified in the order of adjournment. If all members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to seeing you at future meetings.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://sanjoseca.primegov.com/public/portal?fromiframe=1. Council Meetings are televised live and rebroadcast on Channel 26.
October 29, 2024City Council Amended Agenda
CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN
THE COUNCIL CHAMBERS AND COMMITTEE ROOMS
The Code of Conduct is intended to promote open meetings that welcome debate of public policy issues being discussed by the City Council, their Committees, and City Boards and Commissions in an atmosphere of fairness, courtesy, and respect for differing points of view.
1. Public Meeting Decorum:
(a) Persons in the audience will refrain from behavior which will disrupt the public meeting. This will include making loud noises, clapping, shouting, booing, hissing or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting.
(b) Persons in the audience will refrain from creating, provoking or participating in any type of disturbance involving unwelcome physical contact. (c) Persons in the audience will refrain from using cellular phones and/or pagers while the meeting is in session.
(d) Appropriate attire, including shoes and shirts are required in the Council Chambers and Committee Rooms at all times.
(e) Persons in the audience will not place their feet on the seats in front of them. (f) No food, drink (other than bottled water with a cap), or chewing gum will be allowed in the Council Chambers and Committee Rooms, except as otherwise pre-approved by City staff.
(g) All persons entering the Council Chambers and Committee Rooms, including their bags, purses, briefcases and similar belongings, may be subject to search for weapons and other dangerous materials.
2. Signs, Objects or Symbolic Material:
(a) Objects and symbolic materials, such as signs or banners, will be allowed in the Council Chambers and Committee Rooms, with the following restrictions: § No objects will be larger than 2 feet by 3 feet.
-No sticks, posts, poles or other such items will be attached to the signs or other symbolic materials.
-The items cannot create a building maintenance problem or a fire or safety hazard. (b) Persons with objects and symbolic materials such as signs must remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. (c) Objects that are deemed a threat to persons at the meeting or the facility infrastructure are not allowed. City staff is authorized to remove items and/or individuals from the Council Chambers and Committee Rooms if a threat exists or is perceived to exist.
Prohibited items include, but are not limited to: firearms (including replicas and antiques), toy guns, explosive material, and ammunition; knives and other edged weapons; illegal drugs and drug paraphernalia; laser pointers, scissors, razors, scalpels, box cutting knives, and other cutting tools; letter openers, corkscrews, can openers with points, knitting needles, and hooks; hairspray, pepper spray, and aerosol containers; tools; glass containers; and large backpacks and suitcases that contain items unrelated to the meeting.
October 29, 2024City Council Amended Agenda
3. Addressing the Council, Committee, Board or Commission:
(a) Persons wishing to speak on an agenda item or during open forum are requested to complete a speaker card and submit the card to the City Clerk or other administrative staff at the meeting.
(b) Meeting attendees are usually given two (2) minutes to speak on any discussion item and/or during open forum; the total amount of time allocated for public testimony for each public speaker or for an agenda item is in the discretion of the Chair of the meeting and may be limited when appropriate. (California Government Code Section 54954.3; Council Policy 0-37) Applicants and appellants in land use matters are usually given more time to speak. Speakers using a translator will be given twice the time allotted to ensure non-English speakers receive the same opportunity to directly address the Council, Committee, Board or Commission.
(c) Speakers should discuss only the agenda item when called to speak for that item, and only topics related to City business when called to speak during open forum on the agenda.
(d) Speakers’ comments should be addressed to the full body. Requests to engage the Mayor, Council Members, Board Members, Commissioners or Staff in conversation will not be honored. Abusive language is inappropriate. (e) Speakers will not bring to the podium any items other than a prepared written statement, writing materials, or objects that have been inspected by security staff.’ (f) If an individual wishes to submit written information, he or she may give it to the City Clerk or other administrative staff at the meeting.
(g) Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.
Failure to comply with this Code of Conduct which will disturb, disrupt or impede the orderly conduct of the meeting may result in removal from the meeting and/or possible arrest.