(a) Resolution — San Jose City Council, February 25, 2025

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Council Agenda: 02-25-2025
Item No.: 8.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

RESOLUTION NO. _____

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE A DOPTING THE ELECTRONIC SIGNS ON CITY -
OWNED PROPERTY PROJECT – DOWNTOWN SITES

MITIGATED NEGATIVE DECLARATION, FOR WHICH AN

INITIAL STUDY WAS PREPARED , AND A RELATED

MITIGATION MONITORING AND REPORTING PROGRAM

ALL IN ACCORDANCE WITH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Electronic Signs on City -Owned Property Project – Downtown Sites under Planning File No. ER23-034 (the “Initial Study/Mitigated Negative Declaration”), all in accordance with the requirements of the California Environmental Quality Act (“CEQA”); and

WHEREAS, the Electronic Signs on City-Owned Property Project – Downtown Sites (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration consists of the installation and operation of six programmable electronic signs on five City-owned parcels in the downtown San José area in accordance with Title 23 of the San José Municipal Code and Council Policy 6-4 in San José, California; and

WHEREAS, the Initial Study/ Mitigated Negative Declaration concluded that implementation of the Project would not result in a ny significant effects on the environment; and

WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and

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Council Agenda: 02-25-2025
Item No.: 8.2(a
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision- making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level; and WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of San José as lead agency for the Project (the “Mitigation Monitoring and Reporting Program”); and WHEREAS, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JOSE:

THAT THE CITY COUNCIL does hereby incorporate the foregoing recitals into this Resolution as if fully set forth herein.

THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analy zed the Initial Study/ Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/ Mitigated Negative NVF:DHZ:JMD
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Council Agenda: 02-25-2025
Item No.: 8.2(a
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Declaration prepared for the Project has been completed i n compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San Jos é, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.

THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Decl aration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File No. ER23-034). The Mitigation Monitoring and Reporting Program for the Project , attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/ Mitigated Negative Declaration is hereby incorporated by reference and is: (1) on file in the Office of the Director of Planning , Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California 95113, and electronically on the Department of Planning, Building and Code Enforcement webpage and (2) available for inspection by any interested person.

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Council Agenda: 02-25-2025
Item No.: 8.2(a
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

ADOPTED this ____ day of ___________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

MATT MAHAN
Mayor
ATTEST:

TONI J. TABER, MMC
City Clerk

MIT

IGATION MONITORING AND REPORTING PROGRAM
Electronic Signs on City-Owned Property Project
File Number ER23-034
October 2024
EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 1 File No.: ER23-034

PREFACE
Sec
tion 21081.6 of the California Environmental Quality Act (“CEQA”) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (“MMRP”) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.

The I
nitial Study prepared for the Electronic Signs on City-Owned Property Project (“Project”) concluded that the implementation of the Project could result in significant effects on the environment and mitigation measures were incorporated into the proposed Project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

This
document does not discuss those subjects for which the Initial Study concluded that the impacts from implementation of the Project would be less than significant.

The
mitigation measures enumerated in this document would reduce the level of impact of potential environmental effects of the proposed action. In all cases, these mitigation measures would reduce the impact of effects determined to be significant prior to mitigation to less-than-significant levels.

I, , the
applicant, on the behalf of , hereby agree to fully implement the mitigation measures described below which have been developed in conjunction with the preparation of an EIR for my proposed Project. I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less than significant level.

Proj
ect Applicant’s Signature _____________________________________________ Dat
e_________________________________________________________________ Jibran Shermohammed
Orange Barrel Media
February 12, 2025
EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 2 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

BIOLOGICAL RESOURCES
Impact BIO-1: Construction activities associated with the Project could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment.

MM BIO-1.1: Prior to the issuance of any
demolition, grading, and/or building permits
(whichever occurs earliest), the Project
Applicant shall schedule demolition and
construction activities to avoid the nesting
season. The nesting season for most birds,
including most raptors in the San Francisco
Bay area, extends from February 1 through
August 31 (inclusive).

Notify the City’s
Supervising
Environmental Planner
of approximate start and
end date of site
disturbance activities.

Notification shall state
whether work will
occur during the nesting
season (February 1
through August 31).

Prior to the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest)
Director of
Planning, Building
and Code
Enforcement or the
Director’s
designee.

Receive the
Project
Applicant’s
notification.

Prior to any
tree removal
or the
issuance of
any
demolition,
grading,
and/or
building
permits
(whichever
occurs
earliest).

MM BIO-1.2: If demolition and construction
cannot be scheduled between September 1
and January 31 (inclusive), pre-construction
surveys for nesting birds shall be completed
If demolition and
construction cannot be
scheduled between
Prior to any tree
removal or the
issuance of any
Director of
Planning, Building
and Code
Receive the
qualified
Prior to any
tree removal
or the
EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 3 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

MITIGATIONS MONITORING AND REPORTING PROGRAM
Doc umentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Met hod of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
by a qualified ornithologist/biologist to ensure
that no nests are disturbed during Project
implementation. This survey shall be
completed no more than 14 days prior to the
initiation of construction activities. During
this survey, the ornithologist/biologist shall
inspect all trees and other possible nesting
habitats immediately adjacent to the
construction areas for nests.

If an
active nest is found sufficiently close to
work areas to be disturbed by construction,
the ornithologist, in consultation with the
California Department of Fish and Wildlife,
shall determine the extent of a construction
free buffer zone to be established around the
nest to ensure that bird nests shall not be
disturbed during Project construction.

Prior to any tree removal, or approval of any
grading or demolition permits (whichever
September 1 and
January 31 (inclusive),
a qualified ornithologist
or biologist shall
complete pre-
construction surveys in
accordance with MM
BIO-1.2.

If an
active nest is
discovered close to
work areas, a
construction free buffer
shall be established in
demolition,
grading, and/or
building permits
(whichever
occurs earliest).

Enforcement or the
Director’s
designee.
ornithologist or
biologist report.
issuance of
any
demolition,
grading,
and/or
building
permits
(whichever
occurs
earliest).

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 4 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

The
orni
thologist/biologist
shall submit the report
indicating the results of
the survey and any
designated buffer zones.

CULTURAL RESOURCES
Impact CUL-1: Below-grade construction associated with the Center for Performing Arts would have the potential to encounter unknown subsurface archaeological resources.

MM CUL-1.1: A qualified archaeologist and
a Native American monitor that is
traditionally and culturally affiliated with the
geographic area pursuant to Public Resources
Code Section 21080.3.1 shall monitor all
ground-disturbing activity associated with the
installation of signs at the Center for
Submit a copy of the
executed agreement
with a qualified
archaeologist and
Native American
monitor to complete
Prior to below
grade
construction and
following
completion of
below grade
work.

Director of
Planning, Building
and Code
Enforcement, or
the Director’s
designee.

Confirm
qualified
archaeologist
and Native
American
monitor are
contracted to
Prior to
below grade
construction
and following
completion of
below grade
work.

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 5 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

A qual
ified
archaeologist and a
Native American
monitor shall be
retained and present
during below grade
construction at the
Center for Performing
Arts site. A qualified
archaeologist shall
prepare a report to
document the findings
after construction is
completed.
monitor ground-
disturbing
activities and
review
archaeologist’s
summary report.

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 6 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Construction of Signs 3A and 3B at the Center for Performing Arts location could result in exposure of adjacent uses and the environment to soil contamination from past uses, including residual contamination from automotive uses, lead-based paint, and/or pesticides.

MM HAZ-1.1: Prior to issuance of
construction permits for the signs to be
located at the Center for Performing Arts site,
the Project Applicant shall prepare a Site
Management Plan and Health and Safety Plan
(“SMP and HSP”) to guide activities during
demolition, excavation, and initial
construction to ensure that potentially
contaminated soils, groundwater, and/or other
material are identified, characterized,
removed, and disposed of properly. The
purpose of the SMP and HSP is to establish
appropriate management practices for
handling impacted soil, groundwater, or other
materials that may be encountered during
construction activities.

Prepare a SMP and
HSP, submit a copy of
the HSP employee
training sign-in log to
the Director of
Planning, Building and
Code Enforcement or
Director’s designee and
Municipal
Environmental
Compliance Officer,
conduct soil sampling
and testing, and submit
results of soil sampling
and testing to the
Director of Planning,
Building and Code
Prior to the
issuance of any
demolition or
grading permits
(whichever
occurs earliest)
Director of
Planning, Building
and Code
Enforcement or the
Director’s
designee, City’s
Supervising
Environmental
Compliance
Officer, and the
Santa Clara
County
Department of
Environmental
Health (only if
contaminants are
found exceeding
Receive the
HSP employee
training sign-in
log, soil
sampling and
testing results,
SMP and HSP
and review for
compliance
with MM HAZ-

1.1. Prior to the
issuance of
any
demolition or
grading
permits
(whichever
occurs
earliest).

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 7 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

MITIGATIONS MONITORING AND REPORTING PROGRAM
D ocumentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
M ethod of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
The SMP shall provide the protocols for
sampling of in-place soil to facilitate the
profiling of the soil for appropriate off-site
disposal or reuse, and for construction worker
safety, dust mitigation during construction
and potential exposure of contaminated soil to
future users of the site. The soil profiling shall
include (but not limited to) the collection of
shallow soil samples (upper one foot) and
analyses for lead and organochlorine
pesticides. The soil profiling shall be
performed prior to any significant earthwork.

If there are no contaminants identified on the
Project sites that exceed applicable screening
levels published by the Regional Water
Quality Control Board, Department of Toxic
Substances Control, and/or Environmental
Protection Agency (“applicable screening
levels”), the SMP does not need to be
Enforcement or
Director’s designee and
Municipal
Environmental
Compliance Officer.

I
f contaminated soils
are found that exceed
applicable screening
levels, Project
Applicant shall submit
the SMP and HSP to the
Santa Clara County
Department of
Environmental Health
agency with a copy to
the City. If no
contaminants are found,
Project Applicant shall
applicable
screening levels)
EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 8 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

If contaminants are identified at
concentrations exceeding applicable
screening levels, the Project Applicant shall
enter the County of Santa Clara Department
of Environmental Health Site Cleanup
Program. The SMP and planned remedial
measures shall be reviewed and approved by
the Santa Clara County Department of
Environmental Health. A copy of the SMP
and HSP shall be submitted to the
Supervising Environmental Planner of the
Department of Planning, Building and Code
submit SMP and HSP to
the City only.

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 9 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

TRIBAL CULTURAL RESOURCES
Impact TCR-1: Below-grade construction associated with the Project could have the potential to encounter unknown subsurface tribal cultural resources.

MM TCR-1.1: The following measures shall
be implemented:
• Comprehensive Monitoring Plan. Prior to
issuance of any tree removal, grading,
and/or building permits or activities, the
archaeologist shall collaborate with a
representative from a Native American
Tribe that is traditionally and culturally
affiliated with the geographic area
pursuant to Public Resources Code
Section 21080.3.1 (see MM CUL-1.1) to
establish a detailed written monitoring
Th
e qualified
archaeologist, in
collaboration with
representatives from the
Native American Tribe
shall prepare a
Comprehensive
Monitoring plan.

P
rior to issuance
of any tree
removal,
grading, and/or
building permits
or activities.

D
irector of
Planning, Building
and Code
Enforcement, or
the Director’s
designee.

R
eceive and
approve
monitoring
plan.

P
rior to
issuance of
any tree
removal,
grading,
and/or
building
permits or
activities.

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 10 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

MITIGATIONS MONITORING AND REPORTING PROGRAM
D ocumentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
M ethod of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
plan. This plan should outline how
monitoring will be conducted, the specific
roles and responsibilities of all parties
involved, and the steps to be taken if
Native American Tribal cultural resources
(“tribal cultural resources”) are
discovered.
• Conduct Sensitivity Training. Implement
cultural resources sensitivity training for
all Project staff and contractors who will
be onsite during ground disturbance. This
training shall cover the significance of the
sites, the importance of respecting cultural
resources, and the specific protocols to
follow if artifacts or other items of
cultural importance are found.

Documentation (i.e., sign in sheets)
verifying that Cultural Sensitivity
Training has been conducted shall be
submitted to the Director of Planning,
Provide at least one
cultural sensitivity
training to construction
personnel and submit
documentation (i.e.,
sign sheets) to the
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.

Prior to issuance
of any tree
removal,
grading, and/or
building permits
or activities.

Director of
Planning, Building
and Code
Enforcement, or
the Director’s
designee.

Re view
documentation
that cultural
resources
sensitivity
training has
been completed.

Prior to
issuance of
any tree
removal,
grading,
and/or
building
permits or
activities.

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 11 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

If tribal cultural
resources are
discovered, the
qualified archaeologist
shall prepare a
treatment plan in
collaboration with the
Native American Tribe.

If and when
tribal resources
are discovered
during ground
disturbing
activities.

Director of
Planning, Building
and Code
Enforcement, or
the Director’s
designee.

Receive and
approve
treatment plan.

If resources
are
discovered
during ground
disturbing
activities.
• Documentation and Reporting. Keep
thorough records of monitoring activities,
findings, and any actions taken in
response to discovered tribal cultural
resources. Documentation should be
shared with the Native American tribe and
relevant authorities as appropriate.

The qualified
archaeologist shall keep
thorough records of
monitoring activities,
findings, and any
actions taken in
response to discovered
tribal cultural resources.

The records shall be
shared with the Native
During and
following
training and
monitoring
activities.

Director of
Planning, Building
and Code
Enforcement, or
the Director’s
designee.

R eceive
documentation.

Following
completion of
below grade
construction.

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 12 File No.: ER23-034
Electronic Signs on City-Owned
Property Project / File No. ER23-034

Source: City of San José. Electronic Signs on City-Owned Property Project Initial Study. October 2024.

EXHIBIT "A"
(File No. ER23-034)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

San Jose City CouncilFebruary 25, 2025

San Jose City Council
February 25, 2025