City Council Meeting
Amended Agenda
Tuesday, February 4, 2025
1:30 PM
Council Chambers
MATT MAHAN, MAYOR
ROSEMARY KAMEI, DISTRICT 1
PAMELA CAMPOS, DISTRICT 2
CARL SALAS, DISTRICT 3
DAVID COHEN, DISTRICT 4
PETER ORTIZ, DISTRICT 5
MICHAEL MULCAHY, DISTRICT 6
BIEN DOAN, DISTRICT 7
DOMINGO CANDELAS, DISTRICT 8
PAM FOLEY, VICE MAYOR, DISTRICT 9
GEORGE CASEY, DISTRICT 10
February 4, 2025City 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 $500 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 915 5718 2016. 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/91557182016
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.
February 4, 2025City 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
9:30 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
25-088 Closed Session Agenda
Closed Session AgendaAttachments
1:30 p.m.- Regular Session, Council Chambers, City Hall
February 4, 2025City Council Amended Agenda
• Pledge of Allegiance
• Invocation (District 2)
Jenny Clendenen, local author
• Orders of the Day
To be heard after Ceremonial Items
SEE NEW ITEM 2.10, " City Council Appointments to Committees, Boards, and Commissions” 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 recognizing February 2025 as American Heart Month to raise awareness on heart health and combating heart disease and stroke in the City of San José. (Candelas)
1.2 Presentation of a commendation to American Legion Post #809 San José for its advocacy for veterans and its support of the community through programs and initiatives that honor and assist those who have served our nation. (Doan)
1.3 Presentation of a proclamation declaring February 2025 as Black History Month in the City of San José. (Kamei)
2. CONSENT CALENDAR
February 4, 2025City Council Amended Agenda
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.
25-092 Approval of City Council Minutes.
Recommendation: (a) Regular City Council Meeting Minutes of October 17, 2023. (b) Regular City Council Meeting Minutes of October 31, 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) 10/17/2023 CC Minutes
(b) 10/31/2023 CC Minutes
Attachments
2.2 Final Adoption of Ordinances.
2.3 Approval of Council Committee Minutes.
2.4 Mayor and Council Excused Absence Requests.
2.5 City Council Travel Reports.
2.6 Report from the Council Liaison to the Retirement Boards.
2.7 25-082 Fifth Amendment to the Professional Services Agreement for Data Management and Customer Call Center Services with Calpine Energy Solutions.
Recommendation: Approve a Fifth Amendment to the Professional Services Agreement for Data Management and Customer Call Center Services with Calpine Energy Solutions, LLC, extending the term of the agreement by 90 days, through May 29, 2025, and increasing the maximum
compensation by $1,200,000, from $22,000,000 to $23,200,000, 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. (Energy)
Memorandum
Agreement
Attachments
February 4, 2025City Council Amended Agenda
2.8 25-083 Actions Related to the Purchase Orders with MT Tire Service LLC and Southern Tire Mart LLC for On-Site Tire Service and 24/7 Emergency Road Service.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to amend purchase orders OP 64643 with MT Tire Service LLC (San José, CA), and OP 64644 with Southern Tire Mart LLC (San José, CA) for on-site tire service and 24/7 emergency road service to increase the total compensation by $500,000 for a maximum compensation not-to-exceed $1,100,000 for the period ending February 6, 2025, 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)
MemorandumAttachments
2.9 25-081 Resolution Reaffirming the City’s Commitment to Preserving the Safety and Dignity of all its Residents, Regardless of National Origin or Legal Status.
Recommendation: Adopt a resolution reaffirming the City’s commitment to protecting the rights and safety of immigrant communities.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Ortiz, Campos, Cohen, and Candelas)
[Rules Committee referral 1/15/2025 - Item C.2]
Memorandum
Resolution
Letters from the Public - 1 of 4
Letters from the Public - 2 of 4
Letters from the Public - 3 of 4
Letters from the Public - 4 of 4
Attachments
February 4, 2025City Council Amended Agenda
2.10 25-110 City Council Appointments to Committees, Boards, and Commissions.
Recommendation: (a) Appoint Councilmember Carl Salas to the:
(1) Transportation & Environment Committee.
(2) Public Safety, Finance & Strategic Support Committee. (3) ABAG - Executive Board as an Alternate.
(4) Appeals Hearing Board as the Liaison.
(5) Deferred Compensation Advisory Committee as the Liaison. (6) Downtown Parking Board as the Liaison.
(7) Santa Clara Valley Habitat Agency Governing Board as an Alternate.
(8) Santa Clara VTA Steering Committee - Diridon Station. (9) Silicon Valley Regional Interoperability Project as an Alternate. (b) Appoint Councilmember Michael Mulcahy to the Santa Clara VTA Steering Committee - Diridon Station.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Mayor)
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.
February 4, 2025City Council Amended Agenda
3.3 25-085 Options for Expanding Alternative Response and Co-Response Programs to 911 Calls for Service.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support Committee on October 17, 2024:
(a) Accept the Options for Expanding Alternative Response and Co-Response Programs to 911 Calls for Service Report.
(b) Direct the City Manager or her designee to continue collaboration with the County of Santa Clara to identify opportunities to expand the 911-to-988 call transfer program, educate residents on services available through 988, and monitor implementation of the Trusted Response Urgent Support Team expansion pilot.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Manager)
[Public Safety, Finance and Strategic Support Committee referral 10/17/2024 - Item (d)3]
[Deferred from 1/14/2025 - Item 4.1]
Replacement Memorandum, 1/21/25
Memorandum from Ortiz, Candelas, and Cohen, 1/31/25
Memorandum from Mulcahy, rev. 2/3/25
Presentation - est. 15 minutes
Letters from the Public - 1 of 4
Letters from the Public - 2 of 4
Letters from the Public - 3 of 4
Letters from the Public - 4 of 4
Attachments
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
February 4, 2025City Council Amended Agenda
7.1 25-086 Actions Related to the Tri-Party Agreement with the Friends of Levitt Pavilion San José and the Mortimer & Mimi Levitt Foundation for the Levitt Pavilion at St. James Park.
Recommendation: (a) Adopt a resolution:
(1) Finding the proposed Tri-Party Agreement between the City of San José, Friends of Levitt Pavilion San José, and Mortimer & Mimi Levitt Foundation for future development and operation of Levitt Pavilion at St. James Park meet the criteria set forth in Section 1700.1 of the City Charter and Council Policy 7-8; and
(2) Authorizing the City Manager or her designee to negotiate and execute a Tri-Party Agreement with the Friends of Levitt Pavilion San José and the Mortimer & Mimi Levitt Foundation for future development and operation of a Levitt Pavilion with an initial five-year term length from the date of execution until the fifth anniversary of the effective date with three additional options to extend of up to five years each, through December 31, 2041.
(b) Adopt the following 2024-2025 Appropriation Ordinance amendments in the Subdivision Park Trust Fund:
(1) Increase the St. James Park Phase I Reserve appropriation by $5,000,000; and
(2) Decrease the Future PDO/PIO Projects Reserve by $5,000,000.
CEQA: Determination of Consistency with the St. James Park Capital Vision and Levitt Pavilion Project Certified Environmental Impact Report (Resolution No. 79770). Council District 3. (Parks, Recreation and Neighborhood Services/City Manager)
Memorandum
Supplemental Memorandum, 1/28/25
Resolution
Presentation - est. 10 minutes
Letter from Congressman Liccardo
Letters from the Public
Attachments
February 4, 2025City Council Amended Agenda
7.2 25-087 Abandoned Shopping Cart Policy Options.
Recommendation: Direct the City Manager to:
(a) Conduct an outreach process with retailers in San José to evaluate options for enhancing the City’s efforts to prevent and retrieve abandoned shopping carts, including the possibility of the City establishing a cart retrieval program, implementing an abandoned shopping cart retrieval program on a voluntary cost-recovery basis, adopting enhanced regulations as part of the City’s existing regulatory program, and other options as retailers may wish to propose. (b) Advocate for changes to state law that would remove barriers to the City recovering its costs for retrieving abandoned shopping carts.
CEQA: Not a Project, File No. PP17-007, Preliminary direction to staff and eventual action requires approval from decision-making body. (Planning, Building, and Code Enforcement)
Memorandum
Memorandum from Mayor, Cohen, Mulcahy, Doan & Casey, 1/31/25 Presentation - est. 10 minutes
Letter from the Public
Attachments
8. COMMUNITY & ECONOMIC DEVELOPMENT
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
February 4, 2025City Council Amended Agenda
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
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/Calendar.aspx 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].
February 4, 2025City 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://sanjose.legistar.com/Calendar.aspx. Council Meetings are televised live and rebroadcast on Channel 26.
February 4, 2025City 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.
February 4, 2025City 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.