City Council Meeting
Minutes
Tuesday, December 3, 2024
1:30 PM
Council Chambers
MATT MAHAN, MAYOR
ROSEMARY KAMEI, DISTRICT 1
SERGIO JIMENEZ, DISTRICT 2
VACANT, 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 December 3, 2024
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• Call to Order and Roll Call
9:30 a.m.- Closed Session. See Page 20 for the Closed Session Minutes.
Present Councilmembers: Mahan, Kamei, Jimenez, Cohen, Ortiz, Davis, Candelas, Foley, Batra.
Absent Councilmembers: Doan.
1:37 p.m. - Regular Session.
Present Councilmembers: Mahan, Kamei, Jimenez, Cohen, Ortiz, Davis, Doan, Candelas, Foley, Batra.
Absent Councilmembers: None.
• Pledge of Allegiance
Mayor Matt Mahan led the Pledge of Allegiance.
• Invocation (Mayor)
Terry Christensen, Professor Emeritus at San José State University offered the invocation with encouraging words.
• Orders of the Day
None provided.
• Closed Session Report
City Attorney, Nora Frimann reported out of Closed Session, informing the Cities authority to commence an action . The specifics were not disclosed, due to the complaint not being drafted and nothing being filed yet. Once it has reached that point, that information will be publicly available.
1. CEREMONIAL ITEMS
1.1 Councilmember Arjun Batra presented the proclamation declaring December 10, 2024 as Human Rights Day in the City of San José to commemorate the day in 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights.
1.2 Councilmember Pam Foley presented the proclamation declaring December 1, 2024 as World AIDS Day in the City of San José to urge all residents to remain steadfast in the campaign to end the HIV/AIDS epidemic. Gabrielle Antonovich (Billy DeFrank Community Center) & Nicole Altamirano (Silicon Valley Pride) accepted the proclamation.
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1.3 Mayor Mahan offered a special presentation regarding Library literacy and reading programs.
Councilmember Arjun Batra was also recognized and thanked for all of his efforts in District 3 and the City.
2. CONSENT CALENDAR
Public Comment: Dorothy Sloan provided public testimony regarding Item 2.13 on the Consent Calendar.
Action: Upon motion by Councilmember Sergio Jimenez, seconded by Councilmember Pam Foley, and carried unanimously, the Consent Calendar was approved as a whole, the below actions were taken as indicated. (10-0)
2.1 24-2247 Approval of City Council Minutes.
(a) City Council Study Session Meeting Minutes of May 12, 2023. (b) City Council Study Session Meeting Minutes of May 15, 2023. (c) Regular City Council Meeting Minutes of May 23, 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.
Action: The City Council Minutes were approved. (10-0)
2.2 24-2284 Final Adoption of Ordinances.
(a) Ordinance No. 31149 - An Ordinance of the City Of San José Amending Title 20 (Zoning Ordinance or Zoning Code) of the San Jose Municipal Code to Amend the Definition of Emergency Residential Shelter in Chapter 20.200, Amend the Specific Use Regulations for Emergency Residential Shelter in Chapter 20.80, and Amend the Emergency Residential Shelter Use Within Table 20-90 Of Section
20.40.100 Of Chapter 20.40, ‘Commercial Zoning Districts and Public/Quasi-Public Zoning Districts,’ Table 20-110 of Section
20.50.100 Of Chapter 20.50, ‘Industrial Zoning Districts,’ and Table 20-138 of Section 20.55.203 of Chapter 20.55, ‘Urban Village and Mixed Use Zoning Districts,’ and Table 20-140 of Section 20.70.100 of Chapter 20.70, ‘Downtown Zoning Regulations.’
[Passed for Publication on 11/19/2024 - Item 10.1(b) (24-2215)] (b) Ordinance No. 31150 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 21 Gross Acres Situated on the North Side of Samaritan Drive and the West Side of Samaritan Place, Approximately 275 Feet East of Kinghurst Drive (APNs 421-36-009 And 421-36-011), from The A(PD) Planned Development Zoning District to the CG(PD) Planned Development Zoning District.
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[Passed for Publication on 11/19/2024 - Item 10.2(b) (24-2216)] Action: (a) Ordinance No. 31149 was adopted, regarding the Amendment of Title 20 (Zoning Ordinance or Zoning Code) of the San Jose Municipal Code; and (b) Ordinance No. 31150 was adopted, Rezoning Certain Real Property of Approximately 21 Gross Acres Situated on the North Side of Samaritan Drive and the West Side of Samaritan Place. (10-0)
2.3 24-2246 Approval of Council Committee Minutes. (a) Regular Community and Economic Development Committee Minutes of January 22, 2024.
(b) Regular Public Safety, Finance and Strategic Support Committee Minutes of February 15, 2024.
(c) Special Joint Public Safety, Finance and Strategic Support Committee Minutes of February 15, 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.
Action: The Council Committee Minutes were approved. (10-0)
2.4 24-2279 Mayor and Council Excused Absence Requests.
Request for an excused absence for Vice Mayor Kamei from the regular meeting of Rules and Open Government Committee on November 13, 2024 due to attendance at the Silicon Valley Leadership Group Women’s Roundtable at Moss Adams at Campbell, CA for authorized City business.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Kamei)
Action: The request for an excused absence for Vice Mayor Kamei from the regular meeting of Rules and Open Government Committee on November 13, 2024 due to attendance at the Silicon Valley Leadership Group Women’s Roundtable was approved. (10-0)
2.5 City Council Travel Reports.
None provided.
2.6 Report from the Council Liaison to the Retirement Boards.
None provided.
2.7 24-2271 Ordinance Amending Sections 6.90.320 and 6.90.330 of Chapter 6.90 of Title 6 (Retail Firearms and Ammunition Dealers Regulations) and Repealing Section 10.32.020 of Chapter 10.32 of Title 10 (Restrictions on Weapons for Persons Under the Age of Eighteen Years) of the San José Municipal Code to Better Align with the Regulation of Firearms under the California Penal Code.
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Approve an ordinance amending Sections 6.90.320 and 6.90.330 of Chapter 6.90 of Title 6 of the San José Municipal Code and repealing Section 10.32.020 of Chapter 10.32 of Title 10 of the San José Municipal Code to better align with the regulation of firearms under the California Penal Code.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (City Attorney)
Action: Ordinance No. 31151 was passed for publication, regarding the amendment of Sections 6.90.320 and 6.90.330 of Chapter 6.90 of Title 6 of the San José Municipal Code. (10-0)
2.8 24-2280 Boards and Commissions Appointments.
Approve the following Boards and Commissions appointments:
(a) Federated Retirement Board:
(1) Appoint Mark Linder as the Retiree Representative to the Board of Administration for the Federated City Employees Retirement System to a second term ending November 30, 2028.
(b) Police and Fire Retirement Board:
(1) Appoint Franco Vado as the Police Retiree Representative to the Board of Administration for the Police and Fire Department Retirement Plan to a second term ending November 30, 2028.
(c) If a vacancy remains, direct the City Clerk to continue recruitment efforts.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk)
Action: The following Boards and Commissions appointments were approved:
(a) Federated Retirement Board: (1) Mark Linder, Retiree Representative, Board of Administration for the Federated City Employees Retirement System, second term ending November 30, 2028.
(b) Police and Fire Retirement Board: (1) Franco Vado, Police Retiree Representative, Board of Administration for the Police and Fire Department Retirement, second term ending November 30, 2028. (10-0)
2.9 24-2277 First Amendment to the Master Consultant Agreement Between the City of San José and HF&H Consultants, LLC for Commercial Solid Waste and Recycling Programs.
Approve the First Amendment to the Master Consultant Agreement between the City of San José and HF&H Consultants, LLC, to increase the maximum compensation from $350,000 to $650,000.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Environmental Services)
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Action: The First Amendment to the Master Consultant Agreement between the City of San José and HF&H Consultants, LLC, to increase the maximum compensation from $350,000 to $650,000 was approved. (10-0)
2.10 24-2255 Actions Related to the Purchase Orders with Owen Equipment Sales for Sewer Trucks and Equipment.
Adopt a resolution authorizing the City Manager or her designee to:
(a) Amend purchase order OP 65360 with Owen Equipment Sales (Fairfield, CA) for sewer trucks and equipment to increase the total compensation by $4,570,000, for a maximum compensation
not-to-exceed $6,000,000 for the period ending June 25, 2025; and (b) Exercise additional purchase orders for the purchase of sewer trucks and equipment through November 29, 2026, 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. RES2024-400 was adopted, regarding actions related to the purchase orders with Owen Equipment Sales for sewer trucks and equipment. (10-0)
2.11 24-2256 Report on Request for Proposal for a Red-Light Enforcement Solution.
Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager or her designee to:
(a) Negotiate and execute an agreement with American Traffic Solutions, Inc. dba Verra Mobility (Mesa, AZ) to provide a red-light enforcement solution for the Department of Transportation, including related hardware, installation, software, maintenance, support, citation issuance and processing, and other related services, for a maximum compensation not to exceed $201,600 during the initial term beginning on or about December 4, 2024 through November 30, 2025, subject to the appropriation of funds;
(b) Negotiate and execute amendments and change orders as required for any unanticipated changes, including additional hardware, software subscriptions, optional modules, integrations, and related professional services for a contingency amount not to exceed $20,000 during the initial term, subject to the appropriation of funds; and (c) Negotiate and execute up to six one-year options to extend the term through November 30, 2031, subject to the appropriation of funds.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)
Action: Resolution No. RES2024-401 was adopted and the report on request for proposal for a red-light enforcement solution was accepted. (10-0)
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2.12 24-2257 Report on Request for Proposal for a Data Analytics Platform and Transportation Related Data System.
Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager or her designee to:
(a) Negotiate and execute an agreement with Community Logiq Software Inc. for a Data Analytics Platform (Package A) with an initial three-year term beginning on or about January 31, 2025 and ending on or about January 30, 2028, or as may be adjusted to align with the software renewal term, with a maximum compensation not to exceed $1,095,000.
(b) Negotiate and execute an agreement with Replica for a Transportation-Related Data System (Package B) with an initial two-year term beginning on or about December 2024 and ending on or about December 30, 2026, or as may be adjusted to align with the software renewal term, with a maximum compensation not to exceed $291,400.
(c) Negotiate and execute amendments and change orders for unanticipated changes in requirements for a contingency amount not to exceed $109,500 for Package A.
(d) Negotiate and execute amendments and change orders for unanticipated changes in requirements for a contingency amount not to exceed $29,140 for Package B.
(e) Exercise up to four one-year options to extend the term of the agreement for Package A resulting in a possible maximum term of seven years, subject to the appropriation of funds.
(f) Exercise up to five one-year options to extend the term of the agreement for Package B resulting in a possible maximum term of seven years, 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. RES2024-402 was adopted and the report on request for proposal for a data analytics platform and transportation related data system was accepted. (10-0)
2.13 24-2258 Disposition and Sale of Vermont House Located at 1072 and 1082 Vermont Street.
Adopt a resolution:
(a) Declaring the City-owned property located at 1072 and 1082 Vermont Street, San José, consisting of two parcels of land totaling approximately 0.33 acre, with two multi-family residences for a combined total building area of 5,217 square feet, further identified as Assessor’s Parcel Numbers 230-42-077 and 230-42-078, as “exempt surplus land” pursuant to California Government Code §54221(f)(1)(D) and in accordance with San José Municipal Code §4.20.080(B)(2) as a transfer of surplus property to another local, state, or federal agency for
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that agency’s use; and
(b) Authorizing the City Manager, or her designee, to negotiate and execute:
(1) A purchase and sale agreement with the County of Santa Clara for the sale of the properties located at 1072 and 1082 Vermont Street, San José, 95126, further identified as Assessor’s Parcel Numbers 230-42-077 and 230-42-078, for a total sale price of $310,000; and (2) All other necessary documents to complete the property transfer to the County of Santa Clara.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.
Council District 6. (Housing)
Action: Resolution No. RES2024-403 was adopted, regarding the disposition and sale of Vermont House located at 1072 and 1082 Vermont Street. (10-0)
2.14 24-2272 Actions Related to the Encampment Resolution Funding Round Three Grant from the State of California Department of Housing and Community Development and Related Grant Agreements.
(a) Adopt a resolution authorizing the City Manager or her designee, to accept the Encampment Resolution Funding Round Three grant award of $4,821,082.88 from the State of California Department of Housing and Community Development to fund unsheltered homelessness outreach and housing options and to negotiate and execute related documents to accept grant funds without requiring further City Council action.
(b) Adopt a resolution authorizing the Housing Director, or his designee, to negotiate and execute an amendment to the current grant agreement with HomeFirst Services of Santa Clara County to replace Measure E or Homeless Housing, Assistance, and Prevention Program - Round 4 funds with Encampment Resolution Funding Round Three funds, in an amount not to exceed $1,193,510 to provide targeted outreach and engagement services for unsheltered homelessness retroactive from October 4, 2024 to June 30, 2025.
(c) Adopt the following Fiscal Year 2024-2025 Appropriation Ordinance and Funding Sources Resolution Amendments in the Multi-Source Housing Fund:
(1) Establish an estimate for Revenue from the State of California in the amount of $2,410,542; and
(2) Establish the Encampment Resolution Funding Grant Round 3 appropriation to the Housing Department in the amount of $2,410,542.
CEQA: Determination of Consistency with the Mitigated Negative Declaration for Emergency Interim Housing Programs (File No.
ER22-198; Resolution No. RES2023-380), File No. ER24-015. (Housing/City Manager)
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Action: (a) Resolution No. RES2024-404, (b) Resolution No. RES2024-405, (c) Funding Sources Resolution No. RES2024-406, and (c) 2024-2025 Appropriation Ordinance No. 31152 were adopted, regarding actions related to the encampment resolution funding round three grant from the State of California Department of Housing and Community Development and related grant agreements. (10-0)
2.15 24-2259 Amendment to the Master Agreement with Environmental Science Associates, Inc. for Environmental Consultant Services.
Approve the first amendment to the master agreement for consultant services with Environmental Science Associates, Inc. (Contract No. 9048-B), to extend the term from December 31, 2024 to December 31, 2026, with no change to the maximum compensation.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works)
Action: The first amendment to the master agreement for consultant services with Environmental Science Associates, Inc. for environmental consultant services was approved. (10-0)
2.16 24-2260 Amendment to the Master Agreement with Advance Design Consultants, Inc. for Mechanical, Electrical, and Plumbing Consulting Services.
Approve the first amendment to the master agreement for mechanical, electrical, and plumbing consultant services with Advance Design Consultants, Inc. (Contract No. 9934-C), to extend the term from December 31, 2024 to December 31, 2027, with no change to the maximum compensation.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works)
Action: The first amendment to the master agreement for mechanical, electrical, and plumbing consultant services with Advance Design Consultants, Inc. was approved. (10-0)
2.17 24-2261 Report on Bids and Award of Contract for the 10085 - Sanitary Sewer Repairs Fiscal Year 2022-2023 Package III Project.
(a) Report on bids and award of contract for the construction of 10085 - Sanitary Sewer Repairs Fiscal Year 2022-2023 Package III Project to the lowest responsive, responsible bidder, SubTerra Construction, Inc., in the amount of $2,775,574; and
(b) Approve a 10% contingency in the amount of $277,557.
CEQA: Exempt, File No. ER23-189, CEQA Guidelines Sections 15301(b) Existing Facilities, and 15302(c)Replacement or Reconstruction. Council Districts 3, 6, and 7. (Public Works)
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Action: (a) The report on bids and award of contract for the construction of 10085 - Sanitary Sewer Repairs Fiscal Year 2022-2023 Package III Project was accepted; and (b) the 10% contingency in the amount of $277,557 was approved. (10-0)
2.18 24-2262 Third Amendment to the Master Agreement with GHD, Inc. for Trails Engineering Services.
Approve the third amendment to the master agreement for consultant services with GHD, Inc. (Contract No. 9011), to extend the term from December 31, 2024 to December 31, 2029 for the sole purpose of completing the trails engineering services on the four existing ongoing projects, with no change to the maximum compensation.
CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. (Public Works)
Action: The third amendment to the master agreement for consultant services with GHD, Inc. for trails engineering services was approved. (10-0)
2.19 24-2263 Amendment to the Master Agreement with David J. Powers and Associates, Inc. for Environmental Consultant Services for Various City Projects.
Approve the first amendment to the master agreement for consultant services with David J. Powers and Associates, Inc. (Contract No. 9048-C), to extend the term from December 31, 2024 to December 31, 2026, with no change to the maximum compensation.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works)
Action: The first amendment to the master agreement for consultant services with David J. Powers and Associates, Inc. for environmental consultant services for various city projects was approved. (10-0)
2.20 24-2264 Report on Bids and Award of Contract for the 10300- Sanitary Sewer Condition Assessment FY 2023-2024 Package IV Project.
(a) Report on bids and award of a contract for the construction of 10300 - Sanitary Sewer Condition Assessment FY 2023-2024 Package IV Project to the lowest responsive, responsible bidder, Pipe and Plant Solutions, Inc., in the amount of $1,598,662; and
(b) Approve a 10% contingency in the amount of $159,866.
CEQA: Exempt, File No. ER23-189, CEQA Guidelines Sections 15301(b) Existing Facilities and 15302(c) Replacement or Reconstruction. Council Districts 2 and 10. (Public Works)
Action: (a) The report on bids and award of a contract for the construction of 10300 - Sanitary Sewer Condition Assessment FY 2023-2024 Package IV Project was accepted; and (b) the 10% contingency in the amount of $159,866 was approved. (10-0)
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2.21 24-2265 Fiscal Year 2023- 2024 Traffic Impact Fee Report.
Accept the annual Fiscal Year 2023-2024 Traffic Impact Fee Report and five-year report prepared in accordance with the Mitigation Fee Act (Government Code section 66000 et seq.) on the status of the City’s four traffic impact fee programs: North San José, Evergreen-East Hills, US-101/Oakland/Mabury, and Interstate 280/Winchester Boulevard.
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 Districts 1, 3, 4, 5, 6, 7, and 8. (Transportation)
Action: The annual Fiscal Year 2023-2024 Traffic Impact Fee Report was accepted. (10-0)
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 24-2269 San José Animal Care and Services Audit Report.
As recommended by the Neighborhood Services and Education Committee on November 14, 2024, accept the report on the San José Animal Care and Services audit.
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)
[Neighborhood Services and Education Committee referral 11/14/2024 - Item (d)4]
Joe Rois, City Auditor ; Gitanjali Mandrekar, Assistant City Auditor; Matt Loesch, Director, Public Works Department; and Angel Rios, Deputy City Manager offered the presentation and/or responded to questions.
Public Comment: Mike Wagner, Tara Sims, Nineveh Parker, Kay Blom, Ginny Havens, Ani, Rebekah Davis-Matthews (Sustain our Shelters), Mary Jane Hattala (Sustain our Shelters), Kassidy, Quinn Sprecher (Sustain our Shelters), Justin Smith, Judy S., Ana Spear, Liz Holtz, Madeline Onumbu, John Leipelt, Lynn Bartz, Christopher Wess, Faatemeh Lubinsky, Dawn Livingston, and 11 speakers (names not provided at the podium) provided public testimony regarding the item.
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Motion: Councilmember Peter Ortiz moved acceptance the San José Animal Care and Services Audit Report and moved acceptance of the joint memorandum, dated November 27, 2024. Councilmember Bien Doan seconded the motion.
Friendly Amendment: Councilmember David Cohen requested that the motion also include the following additional staff direction in the report coming back to the Neighborhood Services & Education Committee (NS E) in May 2025:
The cost recovery of neighboring cities, how that impacts whether or not providing those services is impacting San José’s ability to provide the services our City needs. The maker of the motion and seconder accepted the friendly amendment.
City Manager, Jennifer Maguire confirmed that the friendly amendment was feasible.
City Auditor, Joe Rois confirmed the semiannual report regarding outstanding audit recommendations will come back to the full City Council in March and September 2025.
Amended Motion: Councilmember Peter Ortiz amended his motion to explicitly reiterate the reduction of the fee to $0, from $50 to $0, regarding recommendation 6 of the joint memorandum dated November 27, 2024, “remove the $50 fee currently charged by SJACS to rescue partners for submitting their registration forms.” The seconder of the Motion accepted the amendment.
Action: Upon motion by Councilmember Peter Ortiz, seconded by Councilmember Bien Doan, and carried unanimously, the report on the San José Animal Care and Services audit was accepted, including additional staff direction to also provide information regarding the cost recovery of neighboring cities, how that impacts whether or not providing those services is impacting San José’s ability to provide the services our City needs.
Also including acceptance of the amended joint memorandum co-authored by Mayor Matt Mahan, Vice Mayor Rosemary Kamei, Councilmember Peter Ortiz, and Councilmember Bien Doan, dated November 27, 2024, recommending the following:
Accept the report on the San José Animal Care and Services (SJACS) audit with the following additional direction:
1.) If additional resources are needed to complete the audit recommendations that staff yellow-lit by December 31, 2025, bring forward a respective budget proposal or Manager’s Budget Addendum during the Fiscal Year 2025-2026 Budget process for Council’s consideration.
2.) Report to the Neighborhood Services & Education Committee (NSE) by May 2025 on:
a.) Progress towards implementing the audit recommendations; b.) An updated timeline and associated workplan for completing any outstanding audit recommendations;
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c.) Progress towards increasing trap- neuter-return (TNR) services to operate five days per week, as directed in the Mayor’s March Budget Message for Fiscal Year 2024-2025; and
d.) A workplan for providing publicly available, low-cost spay/neuter services for owned pets with a focus on prioritizing services for lower-income zip codes.
3.) Convene rescue groups to identify a partner or partners who can commit to diverting a certain number of animals per year from the shelter at an agreed upon cost.
4.) Direct the Finance Department and City Attorney’s Office to prioritize supporting SJACS in issuing an RFP to contract with private providers for spay and neuter services.
5.) Solicit input on implementing Recommendation #4 from rescue partners who specialize in neonatal care for kittens.
6.) Remove the $50 fee currently charged by SJACS to rescue partners for submitting their registration forms to $0.
(10-0)
3.4 24-2270 Citywide Capital Improvement Program Annual Report for Fiscal Year 2023-2024.
Accept the Citywide Capital Improvement Program Annual 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. (Public Works)
Matt Loesch, Public Works Director and Katherine Brown, Assistant Public Works Director offered the presentation and responded to questions.
Public Comment: None provided.
Action: Upon motion by Councilmember Arjun Batra, seconded by Councilmember Dev Davis, and carried unanimously, the Citywide Capital Improvement Program Annual Report for Fiscal Year 2023-2024 was accepted. (9-0-1; Absent: Jimenez)
3.5 24-2281 Special Municipal Election and Interim Appointment to Fill Vacancy in District 3.
(a) Direct the City Clerk to open a recruitment for an interim appointment to begin on December 16, 2024 and end on January 10, 2025 with applications transmitted to the City Council for interview selection, and the interview and appointment scheduled for January 28, 2025; and
(b) Adopt a resolution calling for a Special Election to be held on April 8, 2025, and, if necessary, a Run-Off Municipal Election on July 24, 2025, for the purpose of electing a Council Member for District 3 and requesting the Board of Supervisors of the County of Santa Clara to Canvass the Returns of said elections and to permit the County Registrar of Voters to render certain services to the City of San Jose relating to the conduct of said election.
CEQA: Not a Project, File No. PP17-010, City Organizational and
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Administrative Activities resulting in no changes to the physical environment. (City Clerk)
City Clerk, Toni Taber responded to questions regarding the appointment process.
Public Comment: None provided.
Mayor Matt Mahan expressed the importance of having crystal clear clarity for the candidates , such as whether or not they’re allowed to have electronic devices, what room people will be in, to allow fairness for everybody, and avoid questions about the integrity of the process.
City Clerk, Toni Taber confirmed that she can provide Council with a table of the applicants, stating whether or not they filed nomination papers for the Special Election ; and stated for the record, that the Run-Off Municipal Election date on the Resolution was incorrect, and was corrected to June 24, 2025.
Action: Upon motion by Councilmember David Cohen, seconded by Councilmember Dev Davis, and carried unanimously, (a) the City Clerk was directed to open a recruitment for an interim appointment to begin on December 16, 2024 and end on January 10, 2025 with applications transmitted to the City Council for interview selection, and the interview and appointment scheduled for January 28, 2025; (b) Resolution No. RES2024-407 was adopted, calling for a Special Election to be held on April 8, 2025, and, if necessary, a Run-Off Municipal Election on July June 24, 2025, for the purpose of electing a Council Member for District 3 and requesting the Board of Supervisors of the County of Santa Clara to Canvass the Returns of said elections and to permit the County Registrar of Voters to render certain services to the City of San José relating to the conduct of said election, including additional direction that all applicants are required to file a Form 700.
Including acceptance of the staff memorandum by City Clerk, Toni Taber, dated, December 2, 2024, stating the following:
Should the Council direct the City Clerk to open an application period for the interim appointment to District 3, the process will proceed as follows. On December 16, 2024, concurrent with the nomination period of the special election, the application will be posted to the City Clerk’s website for those interested in the interim appointment. The application period will stay open until NOON on January 10, 2025. The applications will be immediately transmitted to the City Attorney’s office for a Conflict-of Interest check and to the Council along with a selection sheet indicating if the applicant has also filed nomination papers. The Councilmembers will have until Friday, January 17 to indicate which applicants they are interested in interviewing. Those applicants receiving four or more indications of interest will be invited to the Council meeting of January 28 to be interviewed as a panel in front of the Council. The Charter requires a simple majority to appoint, but Council may impose a higher requirement. The applicant selected to serve as the interim councilmember will receive their oath of office to begin their term on February 1 and to serve until a candidate has been duly elected and the results of the election have been officially certified. (City Charter Section 410)
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Also including acceptance of the amended memorandum, to recommendation 2(a), authored by Councilmember David Cohen, dated, December 3, 2024, with additional direction that the City Clerk is to return to the full City Council with a recommendation that allows for a simple majority or tie breaker, regarding the portion of recommendation 2(f) stating to “drop the candidate with the least number of votes”.
The amended memorandum recommends the following:
Accept the staff recommendations and implement a process to make an interim appointment that includes the following:
1.) Initiate the recruiting process for the Council vacancy in District 3, including the release of an application for interested candidates. The application should be similar to that for the Planning Commission, along with City Attorney review for potential conflicts of interest, and include the following questions:
a.) Why are you interested in representing this district on the City Council? b.) Please list your past community experience and other qualifications for the role. c.) What do you think is the biggest challenge the city faces? What is the biggest challenge specific to the council district you aspire to be appointed to represent?
2.) The selection process shall take place as follows:
a.) Each applicant will be interviewed by council in the random alphabet order to be laid out by the City Clerk. Applicants will be interviewed as a panel and will answer questions in a rotating order.
b.) Each applicant will provide an opening statement of up to three (3) minutes. c.) After the opening statement, each Councilmember and the Mayor will have the opportunity to ask the applicant one question. Each applicant will be asked the same questions by the same Councilmembers. Each question will be completed within three (3) minutes, including the question and answer. d.) After all applicants have made their statements and answered each question, the Mayor will open public comment.
e.) After public comment, each councilmember will have the opportunity ask a single follow-up question that may arise based on the initial round of questioning and the public comment. Each follow-up question and answer will be completed within two (2) minutes.
f.) The final appointments shall require a 2/3 vote of the council for approval. If no candidates receive 2/3rds of the vote, drop the candidate with the least number of votes and repeat the voting process until one candidate receives 2/3rds.
(9-0-1; Absent: Kamei)
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
5.1 24-2276 Acceptance of United States Department of Transportation Safe Streets and Roads for All Grants.
Adopt a resolution authorizing the City Manager or her designee to negotiate and execute grant agreements and all documents necessary to effectuate the grant agreements with the United States Department of Transportation in an amount not to exceed $21,401,089 in Safe Streets
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and Roads for All grant funding for the following projects:
(a) Fiscal Year 2022-2023 award in an amount not to exceed $12,901,089 for the San José Safety Improvements at Key Intersections Implementation Project, with a local match of $3,225,273; and
(b) Fiscal Year 2023-2024 award in an amount not to exceed $8,500,000 for the San José Speed Safety Camera Demonstration Project, with a local match of $2,125,000.
CEQA: Categorically Exempt, File No. ER23-009, CEQA Guideline Section 15301(c) Existing Facilities. (Transportation)
Public Comment: None provided.
Action: Upon motion by Councilmember Sergio Jimenez, seconded by Councilmember Pam Foley, and carried unanimously, Resolution No. RES2024-408 was adopted, regarding the acceptance of the grant agreements with the United States Department of Transportation Safe Streets and Safe Streets and Roads for All. (10-0)
5.2 24-2283 Informational Update on Transportation Items. –
HEARD IMMEDIATELY AFTER CONSENT
As recommended by the Rules and Open Government Committee on November 20, 2024, receive a brief informational update from the Mayor on transportation items.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Mayor)
[Rules Committee referral 11/20/2024 - Item C.1]
California State Senator, Dave Cortese spoke to the item and responded to questions.
Public Comment: None provided.
Mayor Mahan provided an informational update on transportation items regarding Valley Transportation Authority (VTA) and Metropolitan Transportation Commission (MTC).
No vote or action was required for the item.
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
8.1 24-2273 Actions Related to a Loan Commitment for the Acquisition and Rehabilitation of Virginian Apartments Located at 1718, 1724, and 1730 Virginia Avenue. (a) Adopt a resolution:
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(1) Approving an Acquisition and Rehabilitation loan commitment of up to $5,000,000 in Real Property Transfer Tax Funds and Inclusionary Housing Ordinance Funds, or such other special funds as the City may designate to the South Bay Community Land Trust or an affiliated development entity for the Virginian Apartments development, an existing naturally occurring affordable residential rental property, located at 1718,1724, and 1730 Virginia Avenue, which is being acquired and rehabilitated to preserve 18 affordable homes; and
(2) Authorizing the Housing Director, or his designee, to negotiate and execute loan documents and all other documents, including any amendments thereto, related to City financing for the Virginian Apartments development.
(b) Adopt the following Fiscal Year 2024-2025 Appropriation Ordinance amendments in the Real Property Transfer Tax Fund:
(1) Decrease the Measure E - 5% Moderate-Income Households Reserve appropriation by $3,650,000; and
(2) Increase the Measure E - 5% Moderate-Income Households appropriation to the Housing Department by $3,650,000.
(c) Adopt the following Fiscal Year 2024-2025 Appropriation Ordinance amendments in the Inclusionary Fee Fund:
(1) Decrease the Committed Projects Reserve appropriation by $1,350,000; and
(2) Increase the Housing Loans and Grants appropriation to the Housing Department in the amount of $1,350,000.
CEQA: Categorically Exempt, File No. ER24-246, CEQA Guidelines Section 15301, Existing Facilities. Council District 5. (Housing/City Manager)
Erik L. Soliván, Housing Director and Banu San, Deputy Director offered the presentation and responded to questions.
Public Comment: Emily Ann Ramos (SV @ Home), Josefina Aguilar, Sandy Perry (South Bay CLT), Marco Cano, Greg Miller (South Bay Community Lead Trust), Liz Gonzalez, Miguel Hirolito, Maria Garcia, Genovena Nunez, Delma Hernandez (SBCLT), Juan Lujano, Laura Diaz Tovar, Hector Hernandez, and José Lujano (SBCLT) provided public testimony regarding the item.
Action: Upon motion by Councilmember Peter Ortiz, seconded by Councilmember Domingo Candelas, and carried unanimously, (a) Resolution No. RES2024-409, (b) 2024-2025 Appropriation Ordinance No . 31153, and (c) 2024-2025 Appropriation Ordinance No. 31154, were adopted, regarding actions related to a loan commitment for the acquisition and rehabilitation of Virginian Apartments located at 1718, 1724, and 1730 Virginia Avenue. (10-0)
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8.2 24-2274 Actions Related to the Emergency Interim Housing Project at Cherry Avenue. (a) Adopt a resolution:
(1) Ratifying the City Manager’s authorization to execute a Collaborative Use Agreement with the Santa Clara Valley Water District allowing for an emergency interim shelter/housing community on the District’s Cherry Avenue property;
(2) Authorizing the City Manager, or her designee, to negotiate and execute all related necessary agreements:
(i) Supporting the State of California and Santa Clara Valley Water District in their efforts to fund portions of the project and to implement the requirements of the Collaborative Use Agreement; and (ii) Exercising any option period(s), amendments or agreements to extend the term of the Collaborative Use Agreement under substantially similar terms;
(3) Determining the City may award a Project Delivery Agreement to DignityMoves to deliver the Emergency Interim Housing project at Cherry Avenue without a competitive procurement under the “idle act” exception in Section 1217(i)(6) of the City of San José Charter; (4) Authorizing the Director of Public Works to negotiate, award and execute a Project Delivery Agreement at a maximum guaranteed amount not to exceed $15,000,000 for the development of an Emergency Interim Housing project at Cherry Avenue with DignityMoves, in accordance with the requirements of the staff memorandum and subject to the appropriation of funds; and (5) Authorizing the Director of Public Works to approve a 10% contingency for the project.
(b) Adopt the following 2024-2025 Appropriation Ordinance Amendments in the Real Property Transfer Tax Fund:
(1) Decrease the Interim Housing Construction and Operations (15% Homeless Support Programs) appropriation to the Housing Department by $1,000,000; and
(2) Increase the Interim Housing - Cherry appropriation to the Public Works Department by $1,000,000.
(c) Adopt the following 2024-2025 Appropriation Ordinance Amendments in the General Fund:
(1) Decrease the Emergency Housing - Emergency Housing
Construction and Operation City-wide Expenses appropriation to the Housing Department by $1,000,000;
(2) Decrease the Interim Housing Construction and Operation City-wide Expenses appropriation to the Housing Department by $1,350,000; and
(3) Establish the Interim Housing - Cherry Capital Improvements appropriation to the Public Works Department in the amount of $2,350,000.
CEQA: File No. ER24-015, Determination of Consistency with the Mitigated Negative Declaration for the Emergency Interim Housing Programs project (File No. ER22-198, Resolution No. 2023-380).
Council District 9 (Public Works/Housing/City Manager)
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E rik L. Soliván, Housing Director; Matt Loesch, Public Works Director; and Katherine Brown, Assistant Public Works Director offered the presentation and responded to questions.
P ublic Comment: None provided.
A ction: Upon motion by Councilmember Pam Foley, seconded by Councilmember S ergio Jimenez, and carried unanimously, (a) Resolution No. RES2024-410, (b) 2024-2025 Appropriation Ordinance No. 31155, and (c) 2024-2025 Appropriation Ordinance No. 31156, were adopted, regarding actions related to the emergency interim housing project at Cherry Avenue. (10-0)
9. REDEVELOPMENT – SUCCESSOR AGENCY
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
• Open Forum
None provided.
• A djournment
The Council of the City of San José adjourned the meeting at 7:13 p.m.
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: 7
Attest By:
Toni Taber, MMC
City Clerk, City of San José
City Council December 3, 2024
City of San José Page 20 December 3, 2024
SAN JOSÉ CITY COUNCIL CLOSED SESSION MINUTES
December 3, 2024
Present Councilmembers: Mahan, Kamei, Jimenez, Cohen, Ortiz, Davis, Candelas, Foley, Batra.
Absent Councilmembers: Duan.
Place: City Hall Conference Room W-133
Time: 9:30 a.m.
CLOSED SESSION ITEM(S) DISCUSSED:
A. CONFERENCE REGARDING POTENTIAL THREAT TO PUBLIC SERVICES OR FACILITIES PURSUANT TO GOVERNMENT CODE SECTION 54957(a):
Consultation with: IT Department
Representatives: Khaled Tawfik, Director
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: 2
D. PUBLIC EMPLOYMENT/PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957:
Department or Agency:Independent Police Auditor
Title: Independent Police Auditor Name:Eddie J. Aubrey