CITY COUNCIL MEETING

Amended Agenda

Tuesday, March 5, 2024

1:30 PM

LOCATION:

Council Chambers - 200 E. Santa Clara Street

 

Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.” Click the language you would like to hear. (Zoom only)

Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). (Zoom solo)

Thông dịch có sẵn bằng tiếng Tây Ban Nha và tiếng Việt. Trong các điều khiển hội thảo trên web của bạn, hãy chọn “Interpretation” (Phiên dịch). (Zoom chỉ một)

Public Comment in Person Only

 

 

 

 

MATT MAHAN, MAYOR

ROSEMARY KAMEI, VICE MAYOR, DISTRICT 1

SERGIO JIMENEZ, DISTRICT 2

OMAR TORRES, DISTRICT 3

DAVID COHEN, DISTRICT 4

PETER ORTIZ, DISTRICT 5

DEV DAVIS, DISTRICT 6

BIEN DOAN, DISTRICT 7

DOMINGO CANDELAS, DISTRICT 8

PAM FOLEY, DISTRICT 9

ARJUN BATRA, DISTRICT 10

 

Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.

 

American Disability Act: 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 cầu cho người khuyết tật được cung cấp theo yêu cầu. Email [email protected]; Gọi (408) 535-8430
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THE LEVINE ACT

 

The Levine Act requires a Party in a Proceeding before the City of San José that involves any action related to their contract, license, permit, or use entitlement to disclose any campaign contributions to City elected or appointed officials totaling more than $250 within the 12 months prior to the City decision.  A Participant to a Proceeding may voluntarily report a campaign contribution.  Please visit https://sanjoseca.gov/your-government/appointees/city-clerk/levine-act for updated forms and information. 

 

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 94558095100. 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/94558095100 

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.

 

How to submit written Public Comment before the City Council Meeting:

 

 

 

By email to [email protected] by 10:00 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

1:30 p.m. Regular Session, Council Chambers, City Hall

 

• Pledge of Allegiance

 

• Invocation (District 3)

 

Dr. Jonathan D. Gomez, San José State University

 

• Orders of the Day

                                   To be heard after Ceremonial Items     

 

  Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.

 

• Adjournment

 

• Closed Session Report

                                   To be heard after Ceremonial Items

 

1.

CEREMONIAL ITEMS

 

1.1  Presentation of a commendation to the board members and 2024 student winners of the annual Synopsys Science and Technology Championship to recognize the visionary ideas and groundbreaking student projects that will contribute to the City of San José and the global community. (Cohen)

 

1.2  Presentation of a proclamation declaring March 2024 as Women's History Month in the City of San José. (Kamei)

 

1.3  Presentation of a commendation to Los Bomberos of Northern California for 52 years of enriching and supporting residents of San José through charity and educational programs. (Torres)

 

2.

CONSENT CALENDAR

 

Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately.

 

2.1

Approval of City Council Minutes.

 

 

2.2

Final Adoption of Ordinances.

 

 

2.3

Approval of Council Committee Minutes.

 

 

2.4

Mayor and Council Excused Absence Requests.

 

Recommendation:    

Request for excused absences for Councilmember Davis from the Regular Meetings of City Council on February 27, 2024, and Joint Meeting for the Rules and Open Government Committee on February 28, 2024, due to illness.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Davis)

[Rules Committee referral 2/28/2024 - Item A.1]

 

2.5

City Council Travel Reports.

 

 

2.6

Report from the Council Liaison to the Retirement Boards.

 

 

2.7

Request for Travel Authorization for City Auditor.

 

Recommendation:    

Authorize travel for City Auditor Joe Rois to Seattle, Washington from May 6 to May 7, 2024, to participate in the Association of Local Government Auditors 2024 Annual Conference. Source of Funds: City Auditor non-personal appropriation and professional development funds.

CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (City Auditor)

 

2.8

Second Quarter Financial Reports for Fiscal Year 2023-2024.

 

Recommendation:    

As recommended by the Public Safety, Finance and Strategic Support Committee on February 15, 2024:

(a) Accept the Second Quarter (period ending December 31, 2023) Financial Reports for Fiscal Year 2023-2024 for the following programs:

 (1) Debt Management;

 (2) Investment Management;

 (3) Revenue Management; and

 (4) Purchasing and Risk Management.

(b) Adopt a resolution authorizing the Director of Finance to write off uncollectible debts in an amount up to $1,053,825.71.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Finance)

[Public Safety, Finance and Strategic Support Committee 2/15/2024 – Item (d)2]

[Rules Committee referral 2/28/2024 - Item A.1]

 

2.9

Actions Related to the Purchase Orders with Stephen Ciari Plumbing and Heating, Inc. and Castillo Plumbing Inc. for Plumbing Services.

 

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to exercise up to four one-year options to extend the term of the purchase orders with Stephen Ciari Plumbing and Heating Inc. (San José, CA) and Castillo Plumbing Inc. (Burlingame, CA), with the last option ending on or about March 14, 2028, 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)

 

2.10

Amendment to the City Pay Plan for Various Classifications.

 

Recommendation:    

(a) Adopt a resolution amending the City of San José Pay Plan effective March 5, 2024, to:

 (1) Create the Community Activity Specialist (6106) classification with an annual pensionable salary range of $65,353.60 - $79,435.20; and

 (2) Delete the Assistant Director of Economic Development U (1998) classification.

(b) Delete 2.0 Therapeutic Specialist positions in the Housing Department.

(c) Add 2.0 Community Activity Specialist positions through June 30, 2026, in the Parks, Recreation and Neighborhood Services Department.

(d) Adopt the following Appropriation Ordinance amendments in the General Fund:

 (1) Decrease the Measure E – Homeless Response and Outreach Staffing (15% HSP) City-Wide Expenses appropriation to the Housing Department by $827,520; and

 (2) Establish the Measure E – Homeless Response and Outreach Staffing (15% HSP) City-Wide Expenses appropriation to the Parks, Recreation and Neighborhood Services Department in the amount of $827,520.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Human Resources/City Manager)

 

2.11

Report on Bids and Award of Contract for the 10277 – Park: The Beautiful Way (Hanchett) Park Project.

 

Recommendation:    

(a) Report on bids and award of a contract for the construction of 10277 - Park: The Beautiful Way (Hanchett) Park Project to the lowest responsive, responsible bidder Robert A. Bothman Inc., in the amount of $1,365,991; and

(b) Approve a 10% contingency in the amount of $136,599.

CEQA: Categorically Exempt, File No. ER22-071. CEQA Guidelines Section 15303. New Construction or Conversion of Small Structures. Council District 6. (Public Works/Parks. Recreation and Neighborhood Services)

 

2.12

Agreements for 2023-2024 Transportation Fund for Clean Air and Vehicle Registration Fee Grant Funding.

 

Recommendation:    

(a) Approve the Transportation Fund for Clean Air (TFCA) retroactive grant agreement with the Santa Clara Valley Transportation Authority (VTA) in an amount not to exceed $1,729,035 for reimbursement of work that occurs on or after July 1, 2023.

(b) Approve the Vehicle Registration Fee (VRF) retroactive grant agreement with VTA in an amount not to exceed $394,000 for reimbursement of work that occurs on or after November 2, 2023.

(c) Adopt the following 2023-2024 Appropriation Ordinance and Funding Sources Resolution and amendments in the Building and Structure Construction Tax Fund:

 (1) Increase the estimate for Revenue from Local Agencies by $944,000;

 (2) Establish the TFCA 2023-2024 Centralized Transit Signal Priority appropriation to the Transportation Department in the amount of $325,000;

 (3) Establish the TFCA 2023-2024 Grand Boulevard Centralized Transit Signal Priority appropriation to the Transportation Department in the amount of $225,000; and

 (4) Establish the VTA – VRF ITS Cycle 4 appropriation to the Transportation Department in the amount of $394,000.

(d) Adopt the following 2023-2024 Appropriation Ordinance and Funding Sources Resolution and amendments in the Construction Excise Tax Fund:

 (1) Increase the estimate for Revenue from Local Agencies by $86,235; and

 (2) Increase the Bicycle and Pedestrian Facilities (TFCA) appropriation to the Transportation Department in the amount of $86,235.

CEQA: Categorically Exempt, File No. ER23-009, CEQA Guideline Section 15301(c) Existing Facilities. (Transportation/Finance/City Manager)

 

2.13

Approval of the Greek Flag Raising and Greek Independence Day Lighting Sponsored by Council District 9 as City Council Sponsored Special Events to Expend City Funds, Light City Hall, and Accept Donations of Materials and Services for the Events.

 

Recommendation:    

As recommended by the Rules and Open Government Committee on February 21, 2024:

(a) Approve the Greek Flag Raising scheduled on March 25, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(b) Approve the Greek Independence Day Tower and Rotunda Lighting scheduled on March 25, 2024 to March 31, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

(c) Approve and accept donations from various individuals, businesses or community groups to support the events.

CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Foley)

[Rules Committee referral 2/21/2024 - Item B.4]

 

2.14

Actions Related to Mayor and Councilmembers’ Travel to Los Angeles, California for the San José Chamber of Commerce Annual Study Mission. – RENUMBERED

 

Recommendation:    

Approve travel to Los Angeles, California and request for an excused absence for the following Councilmembers from the following meetings due to Authorized City Business: San José Chamber of Commerce Annual Study Mission:

(a) Mayor Mahan (Source of Funds: Mayor/Council Travel Budget; Travel Dates: April 23, 2024 to April 26, 2024; Meeting: none).

(b) Councilmember Jimenez (Source of Funds: District 2 Council Office Budget; Travel Dates: April 23, 2024 to April 26, 2024; Meeting: April 23, 2024 San José City Council and April 24, 2024 Rules and Open Government Committee).

(c) Councilmember Torres (Source of Funds: District 3 Council Office Budget; Travel Dates: April 23, 2024 to April 26, 2024; Meeting: April 23, 2024 San José City Council).

(d) Councilmember Cohen (Source of Funds: District 4 Council Office Budget; Travel Dates: April 23, 2024 to April 26, 2024; Meeting: April 24, 2024 Rules and Open Government).

(e) Councilmember Doan (Source of Funds: District 7 Council Office Budget; Travel Dates: April 23, 2024 to April 26, 2024; Meeting: April 23, 2024 San José City Council).

CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (City Clerk)

[RENUMBERED FROM ITEM 3.4 (24-73496)]

 

2.15

Amicus brief in City of Chicago v. Westforth Sports, Inc.

 

Recommendation:    

Authorize the City Attorney to join an Amicus Curiae brief for submission to the First Judicial District in the Appellate Court of Illinois in City of Chicago v. Westforth Sports, Inc., Case No. I-23-1908, supporting the plaintiff-appellant's arguments to reverse the Illinois trial court's dismissal holding that it does not have jurisdiction over an Indiana federal firearms licensee that has sold hundreds of straw-purchased guns used to commit crimes in Chicago. The brief will be submitted on behalf of the Giffords Law Center to Prevent Gun Violence, the Brady Center to Prevent Gun Violence, and cities participating as Amicus Curiae. 

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Attorney)

[Rules Committee referral 2/28/2024 - Item A.1]

 

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.

 

 

3.3

Non-Management Employee Appraisals Audit Report.

 

Recommendation:    

As recommended by the Public Safety, Finance and Strategic Support Committee on February 15, 2024, accept the report on the non-management employee appraisals audit.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Auditor)

[Public Safety, Finance and Strategic Support Committee 2/15/2024 – Item (d)4]

 

3.4

Actions Related to Mayor and Councilmembers’ Travel to Los Angeles, California for the San José Chamber of Commerce Annual Study Mission. – RENUMBERED

 

Recommendation:    

[RENUMBERED TO ITEM 2.14 (24-73496-01)]

 

3.5

Stormwater Permit Requirements, Homelessness and Neighborhood Considerations. – RECOMMEND TO BE HEARD LAST

 

Recommendation:    

Direct the City Manager or her designee to develop and implement an Enhanced Neighborhoods and Waterways approach to addressing homelessness issues that ensures compliance with the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (Stormwater Permit) and maintains acceptable levels of service in our neighborhoods:

(a) Resubmit a revised Direct Discharge Trash Control Program Plan (Direct Discharge Plan) to the San Francisco Bay Regional Water Quality Control Board that fully addresses all identified deficiencies in the previous Direct Discharge Plan submittal and appropriately prioritizes services to homeless individuals living within and adjacent to waterways;

(b) Identify and evaluate structural and operational changes within the City organization, as required, to comply with the Stormwater Permit while addressing the needs of homeless individuals and maintaining acceptable levels of services in neighborhoods;

(c)  Develop a plan to phase in implementation of any necessary no encampment zones in priority areas in and near waterways (e.g., the direct discharge areas), and return to the City Council with any needed policy and ordinance changes;

(d)  Include prioritization criteria for abatement along waterways within San José and include this prioritization in the Framework for Shared Public Spaces;

(e) Explore and pursue potential additional funding mechanisms and partnerships that can provide one-time and ongoing funds to support the work of complying with the Stormwater Permit, homelessness needs, and neighborhood service levels; and

(f) Develop a recommended Enhanced Neighborhoods and Waterways program budget proposal for the City Council’s consideration, as part of the 2024-2025 City Manager’s Proposed Budget, that complies with the Stormwater Permit while maintaining, to the extent feasible, acceptable levels of service in our neighborhoods.

CEQA: Not a Project, File No. PP17-007, Preliminary direction to staff and eventual action requires approval from a decision-making body. (City Manager)

RECOMMEND TO BE HEARD LAST PER ADMINISTRATION

 

3.6

City of San José Investment Policy Annual Review.

 

Recommendation:    

As recommended by the Public Safety, Finance and Strategic Support Committee on February 15, 2024:

(a) Accept the annual review of the City of San José Investment Policy, as amended.

(b) Adopt a resolution amending Council Policy 1-12, City of San José Investment Policy to consolidate two investment categories of Authorized Investments and update their portfolio percentage constraints, update the list of primary dealers, and make technical and clarifying changes.

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

[Public Safety, Finance and Strategic Support Committee 2/15/2024 – Item (d)3]

 

3.7

Shenzhen Sister City Affiliation. – DEFERRED; RECOMMEND DEFERRAL TO 3/26/2024

 

Recommendation:    

As recommended by the Rules and Open Government Committee on February 21, 2024:

(a) Approve a Sister City affiliation with Shenzhen, China; and

(b) Work with the Mayor’s Office to identify non-profit community partners that can help provide fundraising and community building capacity for the Sister City relationship.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative activities resulting in no changes to the physical environment. (Mayor, Kamei, and Foley)

[Rules Committee referral 2/21/2024 - Item C.2]

DEFERRED TO 4/9/2024 PER ADMINISTRATION

RECOMMEND DEFERRAL TO 3/26/2024 PER ADMINISTRATION

 

 

 

4.

PUBLIC SAFETY

 

5.

TRANSPORTATION & AVIATION SERVICES

 

6.

ENVIRONMENTAL & UTILITY SERVICES

 

7.

NEIGHBORHOOD SERVICES

 

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 - TO BE HEARD IMMEDIATELY AFTER CONSENT

 

(a)

C24-001, C24-003, C24-004, C24-005, C24-006, C24-007, C24-008, C24-009, and C24-010 – City Initiated Rezoning of 702 Parcels to Align a Property’s Zoning District to its’ General Plan in Land Use Designation in Response to Senate Bill 1333.

 

Recommendation:    

Approve an ordinance of the City of San José rezoning 194 properties from R-M Multi-Family Residential Zoning District to MUN Mixed Use Neighborhood Zoning District, 135 properties from R-M Multi-Family Residential Zoning District to UR Urban Residential Zoning District, 70 properties from R-1-8 Single-Family Residential Zoning District to OS Open Space Zoning District, 52 properties from R-1-8 Single-Family Residential Zoning District to R-1-2 Single-Family Residential Zoning District, 39 properties from A Agriculture Zoning District to OS Open Space Zoning District, 39 properties from R-1-8 Single-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, 36 properties from R-1-5 Single-Family Residential Zoning District to OS Open Space Zoning District, 26 properties from R-2 Two Family Residential Zoning District to MUN Mixed Use Neighborhood Zoning District, 20 properties from R-1-1 Single-Family Residential Zoning District to OS Open Space Zoning District, 10 properties from LI Light Industrial Zoning District to CIC Combined Industrial/Commercial Zoning District, nine properties from R-1-5 Single-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, nine properties from R-1-1 Single-Family Residential District to R-1-RR Single-Family Rural Residential Zoning District, eight properties from R-1-2 Single-Family Residential Zoning District to OS Open Space Zoning District, six properties from R-1-8 Single-Family Residential District to R-1-RR Single-Family Rural Residential Zoning District, five properties from A Agriculture Zoning District to PQP Public/Quasi-Public Zoning District, five properties from R-1-1 Single-Family Residential to PQP Public/Quasi-Public Zoning District, five properties from R-1-2 Single-Family Residential Zoning District to R-1-RR Single-Family Rural Residential Zoning District, four properties from HI Heavy Industrial Zoning District to OS Open Space Zoning District, four properties from R-1-5 Single-Family Residential Zoning District to R-1-2 Single-Family Residential Zoning District, four properties from A Agriculture Zoning District to R-1-8 Single-Family Residential Zoning District, four properties from IP Industrial Park Zoning District to TEC Transit Employment Center Zoning District, three properties from LI Light Industrial Zoning District to OS Open Space Zoning District, three properties from A Agriculture Zoning District to R-1-RR Single-Family Rural Residential Zoning District, two properties from HI Heavy Industrial Zoning District to CIC Combined Industrial/Commercial Zoning District, two properties from IP Industrial Park Zoning District to OS Open Space Zoning District, one property from IP Industrial Park Zoning District to CIC Combined Industrial/Commercial Zoning District, one property from Commercial Pedestrian Zoning District to OS Open Space Zoning District, one property from IP Industrial Park Zoning District to PQP Public/Quasi-Public Zoning District, one property from R-2 Two Family Zoning District to PQP Public/Quasi-Public Zoning District, one property from R-M Multi-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, one property from A Agriculture Zoning District to R-1-2 Single-Family Residential Zoning District, one property from R-1-5 Single-Family Residential Zoning District to R-1-RR Single-Family Rural Residential Zoning District, and one property from Commercial Pedestrian Zoning District to UR Urban Residential Zoning District, located in various locations on those certain real properties within the City of San José.  

CEQA: Determination of Consistency with the Envision San José 2040 General Plan EIR (Resolution No. 76041) and the Envision San José General Plan Supplemental EIR (Resolution No. 77617). Council District 10. (Planning, Building and Code Enforcement)

TO BE HEARD IMMEDIATELY AFTER CONSENT

 

END OF CONSENT CALENDAR

 

10.

Land Use - Regular Agenda

 

• Open Forum

 

Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council.

 

• 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://sanjoseca.primegov.com/public/portal?fromiframe=1 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].

 

 


ABOUT THE AGENDA

The City of San José is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public.

Welcome to the San José City Council meeting!

 

This Agenda contains both a Consent Calendar section for routine business items that require Council approval, and general business items arranged to correspond with San José’s City Service Areas (CSAs). City Service Areas represent the policy-making level for strategic planning, policy setting, and investment decisions in the critical functions the City provides to the community. They are:

  • Strategic Support - The internal functions that enable the CSAs to provide direct services to the community in an effective and efficient manner.
  • Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services.
  • Transportation & Aviation Services - A safe and efficient transportation system that contributes to the livability and economic health of the City; and provide for the air transportation needs of the community and the region at levels that is acceptable to the community.
  • Environmental and Utility Services - Manage environmental services and utility systems to ensure a sustainable environment for the community.
  • Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life.
  • Community & Economic Development - Manage the growth and change of the community in order to create and preserve healthy neighborhoods and ensure a diverse range of employment and housing opportunities.

The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed, unless otherwise noted. The City Council, or less than a quorum, may adjourn any regular, special or adjourned meeting to a later date, time and place specified in the order of adjournment. If all members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to seeing you at future meetings.

 

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://sanjoseca.primegov.com/public/portal?fromiframe=1. Council Meetings are televised live and rebroadcast on Channel 26.


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.

 

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.