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CITY COUNCIL MEETING Amended Agenda |
Tuesday, August 13, 2024 1:30 PM |
LOCATION: Council Chambers - 200 E. Santa Clara Street
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For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105
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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. | ||||||||||
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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.
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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.
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How to observe the Meeting (no public comment):
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How to submit written Public Comment before the City Council Meeting:
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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) | ||||||||||
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• 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 6:00 p.m. ‑ Evening Session, Council Chambers, City Hall *Will not begin until 6pm or until after all afternoon items are heard, whichever is later. |
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• Pledge of Allegiance |
• Invocation (District 7)
Frank Araujo - San José Business Owner |
• 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
This meeting is adjourned in memory of Dr. David Ebersole, master educator, photographer, actor, and musician, who passed away Sunday, May 19, 2024. He was an amazing teacher at LeyVa Middle School in the East Side of San José, sharing his knowledge and love of the arts with his students for decades. TO BE HEARD AT 1:30 P.M. |
• Closed Session Report
To be heard after Ceremonial Items |
1. | CEREMONIAL ITEMS |
1.1 Presentation of a commendation to the San José Earthquakes to honor their 50th anniversary and celebrate their commitment to bringing the joy of soccer to the youth of San José (Ortiz). 1.2 Presentation of a commendation to Aimee Ramos for her selection to the Mexican Rugby Team and representing both San José State University and the City of San José in the Olympics. (Torres) 1.3 Presentation of a proclamation declaring August 15, 2024 as the 77th year of Indian Independence Day to celebrate and recognize the contributions of Indian Americans to the cultural, social, and economic fabric of the City of San José. (Batra) |
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.
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2.2 | Final Adoption of Ordinances.
Recommendation: (a) Ordinance No. 31099 - An Ordinance of the City of San José Amending Chapter 6.88 of Title 6 of the San José Municipal Code to Remove the Delivery Zone Restriction; Increase the Registration Allowance from Five Retail Storefronts to Ten for Equity Business Owners; Revise Definitions and Make Other Changes to Better Align with State Regulations; and Make Other Technical, Non-Substantive, or Formatting Changes. [Passed for Publication on 6/18/2024 - Item 2.29(a) (24-153382)] (b) Ordinance No. 31100 - An Ordinance of the City of San José Amending Title 24 of the San José Municipal Code to Add a New Part 8 to Chapter 24.02 to Regulate Certain Private Development Projects of More than 10,000 Square Feet by Withholding the Certificate of Occupancy when an Owner or Contractor has Unpaid Final Wage Theft Judgments. [Passed for Publication on 6/18/2024 - Item 2.39 (24-147353)] (c) Ordinance No. 31106 - An Ordinance of the City of San José Amending Chapters 4.46 and 4.47 of Title 4 of the San José Municipal Code to Suspend the Collection of the Building and Structure Construction Tax and the Commercial Residential Mobilehome Park Building Tax for up to 2,000 Units in Qualified Residential Highrise Projects Located within the Downtown Planned Growth Area as Designated in the San José 2040 General Plan, that are 10 or More Floors or Stories in Height (Not Including Any Nonresidential Uses) where the Highest Occupied Floor has a Floor Level Elevation that is at Least 150 Feet Above Street Level, that Obtain a Building Permit by June 30, 2029, and Pass First Inspection within 12 Months of Obtaining a Building Permit, Provide a Fifty Percent (50%) Reduction of the Building and Structure Construction Tax and the Commercial-Residential-Mobilehome Park Building Tax for up to 2,000 Additional Units in Qualified Residential High-Rise Projects that Obtain a Building Permit between July 1, 2029, and June 30, 2031 and Pass First Inspection within 12 Months of Obtaining a Building Permit, and Provide a Fifty Percent (50%) Reduction of the Building and Structure Construction Tax and the Commercial-Residential-Mobilehome Park Building Tax For up to 6,000 Additional Units in Qualified Residential High-Rise Projects that Obtain a Building Permit thereafter and Pass First Inspection within 12 Months of Obtaining a Building Permit. [Passed for Publication on 6/18/2024 - Item 8.2(b) (24-120632-01)] (d) Ordinance No. 31107 - An Uncodified ordinance of the City of San José to Revise the Rental Inclusionary In-Lieu Fee for Qualifying Downtown High Rise Rental Developments, Pursuant to Resolution No. 80766 as Amended, Effective July 1, 2024, Specified in the Schedule of Fees and Charges Resolution. [Passed for Publication on 6/18/2024 - Item 8.2(f) (24-120632-01)] (e) Ordinance No. 31109 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 0.13-Gross Acre Situated on the Easterly Side of Wabash Street, Approximately 350 Feet Southwesterly of Archer Street (0 Wabash Street) (APN 015-05-079) from the CN Commercial Neighborhood Zoning District to the R-1-8 Single Family Residence Zoning District. [Passed for Publication on 6/18/2024 - Item 10.1(a) (24-147360)] |
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2.3 | Approval of Council Committee Minutes.
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2.4 | Mayor and Council Excused Absence Requests.
Recommendation: Request for an excused absence for Councilmember Jimenez from the regular meetings of the City Council on June 18, 2024 and the Public Safety, Finance and Strategic Support Committee (PSFSS) on June 20, 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. (Jimenez) |
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2.5 | City Council Travel Reports.
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2.6 | Report from the Council Liaison to the Retirement Boards.
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2.7 | Minimum Annual Guarantee Adjustment for Bayport and Elevate Concessionaries.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a one-time retroactive adjustment to the Minimum Annual Guarantee for the Food and Beverage concession agreements with Elevate Gourmet Brands-SFO Group and Bayport Concessions, LLC. CEQA: Not a Project, File No. PP17-005, Adjustment to Fees, Rates, and Fares without changes to or expansion of services. (Airport) |
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2.8 | City Manager’s Travel to Dublin, Ireland.
Recommendation: Authorize travel for City Manager Jennifer Maguire to Dublin, Ireland on September 7-13, 2024 to participate in the Sister City Trip to Dublin, Ireland. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) |
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2.9 | Lease Agreement Between the City of San José and Habitat for Humanity Silicon Valley for Its Continued Use of City-Owned Property Located at 1608 Las Plumas Avenue as a Restore Resale Outlet.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a retroactive lease agreement and all documents necessary to effectuate the lease, between the City of San José, a municipal corporation of the State of California, as Landlord, and Habitat for Humanity Silicon Valley, a California nonprofit corporation, as Tenant, for its continued use of approximately 14,606 square feet of space at the City-owned property located at 1608 Las Plumas Avenue for an initial term of three years commencing July 1, 2024, and expiring June 30, 2027, at a rental rate of $124,443.12 for the first year, $128,176.44 for the second year, and $132,021.72 for the third year, totaling $384,641.28 for the initial term, with three mutual options to extend for an additional three years each at a rental rate that shall be determined and agreed upon by both parties. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 3. (Economic Development and Cultural Affairs/Environmental Services) |
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2.10 | Federal Highway Administration Grant Application for Public Charging Infrastructure.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to file an application with the Federal Highway Administration for its Charging and Fueling Infrastructure Community Program grant; and if awarded, negotiate and execute a project agreement, and any related documents, for up to $6 million in reimbursements from the Federal Highway Administration and up to $1.5 million in City matching funds for a total project cost of up to $7.5 million to install approximately 100 electric vehicle charging ports at City facilities for use by the public and City of San José fleet, commencing upon the date of the Federal Highway Administration’s approval of award and the City’s execution of an approved project agreement, with work to be scheduled to commence by no later than September 30, 2027. CEQA: Not a Project, File No. PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (Energy) |
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2.11 | Moratorium on Natural Gas Infrastructure Prohibition Ordinance.
Recommendation: Approve an ordinance amending Chapter 17.845 of Title 17 (Prohibition of Natural Gas Infrastructure in Newly Constructed Buildings), Section 17.845.010, of the San José Municipal Code to implement a moratorium on further City enforcement of Chapter 17.845 until local control over natural gas infrastructure is clarified or authorized. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Environmental Services/Planning, Building, and Code Enforcement) |
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2.12 | Renewal of the Online Computer Library Center Services for Online Cataloging Services, Library-to-Library Borrowing Fees, and Transaction Fees.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to: (a) Negotiate and execute a purchase order with Online Computer Library Center (Dublin, OH) for online cataloging subscription and services for a maximum compensation of $106,000 for the one-year option term beginning August 16, 2024 and ending August 15, 2025, or as may be adjusted to align with the software renewal term; (b) Negotiate and execute amendments as-required for any unanticipated changes during the one-year term beginning August 16, 2024 and ending August 15, 2025, or as may be adjusted to align with the software renewal term, subject to the appropriation of funds; and (c) Exercise up to six additional one-year options to extend the term of the purchase order through August 15, 2031, or as may be adjusted to align with the software renewal term, 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) |
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2.13 | CARES Act and SECURE Act Amendments to Deferred Compensation, PTC, and 401(a) Plans.
Recommendation: (a) Approve an ordinance amending Chapter 3.48 of Title 3 of the Deferred Compensation Plan to comply with the CARES Act and SECURE Act. (b) Adopt a resolution approving an amendment to the Basic Plan Document for the Deferred Compensation Plan to comply with the CARES Act and SECURE Act and authorize the City Manager or her designee to execute the amended Basic Plan Document and other documents as necessary to administer the Deferred Compensation Plan set forth in Chapter 3.48 of the San José Municipal Code. This amendment will become effective on the same date as the ordinance to amend Chapter 3.48 of Title 3 of the Deferred Compensation Plan to comply with the CARES Act and SECURE Act. (c) Approve an ordinance amending Chapter 3.49 of Title 3 of the Defined Contribution Plan for Unit 99 Employees to comply with the CARES Act and SECURE Act. (d) Adopt a resolution approving an amendment to the Basic Plan Document for the Defined Contribution Plan for Unit 99 Employees to comply with the CARES Act and SECURE Act and authorize the City Manager or her designee to execute the amended Basic Plan Document and other documents as necessary to administer the Defined Contribution Plan for Unit 99 Employees set forth in Chapter 3.49 of the San José Municipal Code. This amendment will become effective on the same date as the ordinance to amend Chapter 3.49 of Title 3 of the Defined Contribution Plan for Unit 99 Employees to comply with the CARES Act and SECURE Act. (e) Approve an ordinance amending Chapter 3.50 of Title 3 of the Part-time Temporary Contract (PTC) Plan to comply with the CARES Act and SECURE Act. (f) Adopt a resolution approving an amendment to the Basic Plan Document for the PTC Plan to comply with the CARES Act and SECURE Act and authorize the City Manager or her designee to execute the amended Basic Plan Document and other documents as necessary to administer the PTC Plan set forth in Chapter 3.50 of the San José Municipal Code. This amendment will become effective on the same date as the ordinance to amend Chapter 3.50 of Title 3 of the PTC Plan to comply with the CARES Act and SECURE Act. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Human Resources) |
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2.14 | Approval of Free Use for Various San José Public Library Events in the City Hall Rotunda and City Council Chambers.
Recommendation: Adopt a resolution authorizing “Free Use” for one private event and one Saturday event for the Library Department for fiscal year 2024-2025, in the City Hall Rotunda and City Council Chambers. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Library) |
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2.15 | Report on Bids and Award of Contract for the 10346-San José Museum of Art Cooling Tower Replacement Project.
Recommendation: (a) Report on bids and award of a contract for the construction of the 10346-San José Museum of Art Cooling Tower Replacement Project to the lowest responsive, responsible bidder, ACCO Engineered Systems Inc., for the base bid and Bid Alternate No.1 and No. 2 in the amount of $1,442,305; and (b) Approve a 15% contingency in the amount of $216,346. CEQA: Exempt, File No. ER24-103, CEQA Guidelines Section 15302(c) Replacement or reconstruction of existing utility systems and/or facilities. Council District 3. (Public Works) |
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2.16 | Actions Related to the 10331: On-Call Landscape Construction Contract 23-24 Re-Bid Project.
Recommendation: Award of a contract for the on-call construction of capital improvement projects (10331 – On-Call Landscape Construction Contract 23-24 Re-Bid Project) to Suarez & Munoz Construction, Inc. pursuant to City of San José Charter, Section 1217 (h), for a maximum not to exceed amount of $1,000,000 and a term of three years. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works) |
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2.17 | Authorization to Apply for the United States Department of Housing and Urban Development’s Eviction Protection Grant Program.
Recommendation: Adopt a resolution authorizing the Housing Director or his designee to apply for the United States Department of Housing and Urban Development’s Eviction Protection Grant Program Notice of Funding Opportunity to request $2.5 million to support initiatives that enhance City investments in eviction services for both tenants and housing providers. CEQA: Not a Project, File No. PP17-006, Grant Application with no commitment or obligation to enter into an agreement at the time of application. (Housing) |
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2.18 | City Clerk’s Travel to Dublin, Ireland.
Recommendation: Authorize travel for City Clerk Toni Taber to Dublin, Ireland on September 7-13, 2024 to participate in the Sister City Trip to Dublin, Ireland. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk) |
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2.19 | Deferred Compensation Advisory Committee Appointment.
Recommendation: As recommended by the Rules and Open Government Committee on August 7, 2024, approve the appointment of Aric Johnson, nominated by the group of employees designated as “Management Employees” consisting of employees in Unit 99 and the Association of Engineers and Architects, IFPTE Local 21 (AEA); Association of Maintenance Supervisory Personnel, IFPTE, Local 21 (AMSP); City Association of Management Personnel, IFPTE, Local 21 (CAMP); and the Association of Legal Professionals of San José (ALP), as the active employee member to the Deferred Compensation Advisory Committee to fill a vacant seat for the remainder of the term, beginning September 1, 2024 and ending on March 1, 2026. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) [Rules Committee referral 8/7/2024 - Item B.3] |
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2.20 | Retroactive Approval of Flag Raising Recognizing Juneteenth Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials for the Event.
Recommendation: As recommended by the Rules and Open Government Committee on August 7, 2024: (a) Retroactively approve the Juneteenth Flag Raising scheduled for June 17-21, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Torres) [Rules Committee referral 8/7/2024 - Item B.5] |
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2.21 | Retroactive Approval of Multiple Special Events Sponsored by Council District 4 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events.
Recommendation: As recommended by the Rules and Open Government Committee on August 7, 2024: (a) Retroactively approve the District 4 Leadership Forum scheduled on June 15, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (b) Retroactively approve the District 4 Community Office Hours scheduled on June 26, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (c) Retroactively approve the District 4 Dog Park Grand Opening scheduled on June 29, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and (d) 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. (Cohen) [Rules Committee referral 8/7/2024 - Item B.6] |
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2.22 | Retroactive Approval and Approval of Multiple Special Events Sponsored by Council District 5 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events.
Recommendation: As recommended by the Rules and Open Government Committee on August 7, 2024: (a) Retroactively approve the Mothers Day Celebration at Gramercy Event scheduled on May 10, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (b) Retroactively approve the Alum Rock Village Dumpster Day scheduled on May 18, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (c) Retroactively approve the Poco Way Beautification Event scheduled on May 25, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (d) Retroactively approve the Cafe Para Todos Event scheduled on May 30, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (e) Retroactively approve the Alum Rock Park Road Reopening Event scheduled on June 14, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (f) Retroactively approve the Snack with Matt Event scheduled on June 25, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (g) Retroactively approve the Capitol Park Dumpster Day scheduled on June 29, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (h) Approve the San José Lowrider Day Event scheduled on September 1, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (i) Approve the Grito de Independencia Event scheduled on September 14, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (j) Approve the Culture Fest Event scheduled on October 12, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (k) Approve the District 5 Christmas Tree Giveaway and Holiday Celebration Event scheduled on December 4, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (l) Approve the Cinco de Mayo Parade and Festival Event scheduled on May 4, 2025 as a City Council sponsored Special Event and approve the expenditure of funds; and (m) 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. (Ortiz) [Rules Committee referral 8/7/2024 - Item B.7] |
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2.23 | Approval of Free Use for the USPS San José Postmaster’s Installation Event Co-Hosted by Council District 9 and USPS Postmaster’s Office as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
Recommendation: As recommended by the Rules and Open Government Committee on August 7, 2024: (a) Adopt a resolution authorizing “Free Use” for the private, invitation-only USPS San José Postmaster’s Installation event held at City Hall Rotunda on August 21, 2024; (b) Approve the USPS San José Postmaster’s Installation Event scheduled on August 21, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and (c) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Foley) [Rules Committee referral 8/7/2024 - Item B.8] |
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2.24 | Retroactive Approval and Approval of Multiple Special Events Sponsored by Council District 10 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Event.
Recommendation: As recommended by the Rules and Open Government Committee on August 7, 2024: (a) Retroactively approve the Dumpster Day at Greystone Park scheduled on August 3, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (b) Approve the Indian Independence Day Cultural Event scheduled on August 15, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (c) Approve the Housing Town Hall with Housing Director Erik Solivan scheduled on August 17, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (d) Approve the Shredding and eWaste Day scheduled on August 24, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (e) Approve the Blossom Valley Dumpster Day scheduled on September 14, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (f) Approve the In-Person Talk with Batra scheduled on September 21, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and (g) 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. (Batra) [Rules Committee referral 8/7/2024 - Item B.9] |
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3. | STRATEGIC SUPPORT |
3.1 | Report of the City Manager, Jennifer Maguire (Verbal Report)
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3.2 | Labor Negotiations Update.
Accept Labor Negotiations Update.
TO BE HEARD AT 9:30 A.M.
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3.3 | Actions Related to Vice Mayor and Councilmembers’ Travel to Dublin, Ireland for the Sister City Delegation.
Recommendation: (a) Approval to consider the recommendation to waive a provision of Policy 9-5 limiting approval of travel to five Councilmembers pursuant to Policy 0-1, Council Policy Manual. (b) Approve waiver of Council Policy 9-5 to allow more than five Councilmembers to attend the Dublin Sister City Trip and the cancellation of Council and Committee meetings due to lack of quorum. (c) Approve travel to Dublin, Ireland, and requests for excused absences for the following Councilmembers from meetings due to Authorized City Business: City of San José Dublin Sister City Delegation: (1) Councilmember Foley for travel on September 9 through 13 to be paid for from District 9 Council Office Budget, and excused from meetings for September 9, 2024 Special Transportation & Environment Committee, September 10, 2024 Regular City Council and September 11, 2024 Regular Rules & Open Government Committee. (2) Vice Mayor Kamei for travel on September 9 through 12 to be paid for from District 1 Council Office Budget, and excused from meetings for September 10, 2024 Regular City Council, September 11, 2024 Regular Rules & Open Government Committee and September 12, 2024 the Cities Association of Santa Clara County Joint Powers Authority Board of Directors. (3) Councilmember Jimenez for travel on September 9 through 12 to be paid for from District 2 Council Office Budget, and excused from meetings for September 10, 2024 Regular City Council and September 11, 2024 Regular Rules & Open Government Committee. (4) Councilmember Davis for travel from September 9 through 12 to be paid for from District 6 Council Office Budget, and excused from meetings for September 9, 2024 Special Transportation & Environment Committee, September 10, 2024 Regular City Council, September 11, 2024 Regular Rules & Open Government Committee, September 12, 2024 Regular Neighborhood Services & Education Committee and September 12, 2024 Treatment Plant Advisory Committee. (5) Councilmember Ortiz for travel on September 7 through 13 to be paid for from District 5 Council Office Budget, and excused from meetings for September 9, 2024 Special Transportation & Environment Committee, September 10, 2024 Regular City Council, September 11, 2024 Association of Bay Area Government Housing Committee, September 12, 2024 Regular Neighborhood Services & Education Committee, September 12, 2024 VTA Policy Advisory Committee, September 12, 2024 Cities Association of Santa Clara County Legislative Committee and September 13, 2024 County of Santa Clara Child Abuse Prevention Council. (6) Councilmember Torres for travel from September 7 through 13 to be paid for from District 3 Council Office Budget, and excused from meetings for September 10, 2024 Regular City Council and September 12, 2024 Regular Neighborhood Services & Education Committee. (d) Approve Pam Foley as a Delegation Leader and for related travel costs to be paid for from the Mayor/Council Travel Budget; and (e) Approve the receipt of gifts received by the Sister City Delegation in an official capacity as a representative of the City in accordance with San José Municipal Code Section 12.08.120.B. CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 8/7/2024 - Item A.1.a]
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3.4 | Adoption of Statement of Policy and City Council Questions for the Prospective Chief of Police.
Recommendation: Adopt a Statement of Policy and City Council Questions related to the selection of a prospective Chief of Police as described in the staff memorandum, in compliance with City Charter Section 411.1. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) |
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3.5 | Fiscal Year 2024-2025 Property Tax Levy for General Obligation Bonds.
Recommendation: Adopt a resolution establishing the Fiscal Year 2024-2025 property tax levy on all taxable property within the City of San José for the purpose of funding the City’s general obligation bonded indebtedness and to pay the respective administration fee to the County of Santa Clara. CEQA: Statutorily Exemption, File No. PP17-005, Adjustment to Fees, Rates and Fares without changes to or expansion of services. (Finance) |
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3.6 | Public Hearing for the Fiscal Year 2024-2025 Annual Residential Solid Waste Collection Service Charges to be Placed on the 2024-2025 Santa Clara County Secured Property Tax Roll.
Recommendation: (a) Conduct a public hearing on the Fiscal Year 2024-2025 annual report prepared by the Director of Finance detailing the Residential Solid Waste Collection Service Charges filed with the City Clerk’s Office. (b) Adopt a resolution confirming the approval of the report and the placement of charges as set forth therein on the 2024-2025 Santa Clara County Secured Property Tax Roll, with such modifications the City Council may make based on public hearing testimony. CEQA: Not a Project, File No. PP17-005, Adjustment to Fees, Rates and Fares without changes to or expansion of services. (Finance) |
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3.7 | Public Hearing for the Fiscal Year 2024-2025 Sanitary Sewer Service and Use Charge and Storm Sewer Service Charge Assessments to be Placed on the 2024-2025 Santa Clara County Secured Property Tax Roll.
Recommendation: (a) Conduct a public hearing on the Fiscal Year 2024-2025 annual report prepared by the Director of Finance detailing the Sanitary Sewer Service and Use Charges and Storm Sewer Service Charges filed with the City Clerk’s Office. (b) Adopt a resolution confirming the approval of the report and the placement of the charges as set forth therein on the 2024-2025 Santa Clara County Secured Property Tax Roll, with such modifications the City Council may make based on public hearing testimony. CEQA: Not a Project, File No. PP17-005, Adjustment to Fees, Rates and Fares without changes to or expansion of services. (Finance) |
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4. | PUBLIC SAFETY |
5. | TRANSPORTATION & AVIATION SERVICES |
6. | ENVIRONMENTAL & UTILITY SERVICES |
6.1 | San José Clean Energy 2024 Mid-Year Rates.
Recommendation: Adopt a resolution: (a) Establishing updated San José Clean Energy rates, inclusive of the Power Charge Indifference Adjustment and Franchise Fee Surcharge, for GreenSource, TotalGreen, and SJ Cares according to the rate schedule set forth in Attachments A, B, and C in the staff memorandum, effective August 15, 2024; and (b) Establishing a Residential Super Off-Peak Charging Rate Pilot Program that creates a new rate plan called E-ELEC-SJ with a new time-of-use period from 9 a.m. to 2 p.m. for the period of one year. CEQA: Not a Project, File No. PP17-005, Adjustment to Fees, Rates and Fares, resulting in no changes to the physical environment. (Energy) |
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6.2 | Amendment to Council Policy 1-24, San José Clean Energy Financial Reserves Policy.
Recommendation: Adopt a resolution amending Council Policy 1-24, San José Clean Energy Financial Reserves Policy, to establish a Rate Stabilization Reserve for the San José Clean Energy program and make technical and clarifying changes. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Energy/Finance) |
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7. | NEIGHBORHOOD SERVICES |
8. | COMMUNITY & ECONOMIC DEVELOPMENT |
9. | REDEVELOPMENT – SUCCESSOR AGENCY |
• 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.
If the afternoon Regular Session agenda items are completed after 5:00 p.m., this Open Forum will be held at the end of the full meeting. Members of the Public may only speak at Open Forum once. |
• Council will recess until 6:00 p.m. |
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 |
10.2 | H22-022 & ER22-113 - Public Hearing on the Environmental Appeal of the 865 Embedded Way Industrial Project Initial Study supporting a Mitigated Negative Declaration as the Environmental Clearance for Approval of a Site Development Permit.
Recommendation: (a) Conduct a Public Hearing to consider the environmental appeal of the Planning Director’s adoption of the 865 Embedded Way Industrial Project Initial Study supporting a Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA) for a Site Development Permit (File Nos. H22-022, ER22-113) to allow the construction of a one-story 121,400 square foot industrial building and a surface parking lot on a vacant 10.17-acre site. (b) Adopt a resolution denying the environmental appeal and upholding the Planning Director’s adoption of the 865 Embedded Way Industrial Project MND in accordance with CEQA, as amended, and finding that: (1) The City Council has independently reviewed and analyzed the MND for the 865 Embedded Way Industrial Project, and related administrative records for Site Development Permit No. H22-022; (2) The MND for the 865 Embedded Way Industrial Project was prepared and completed in full compliance with CEQA, as amended, together with state and local implementing guidelines; (3) Adoption of the MND for the 865 Embedded Way Industrial Project reflects the independent judgment and analysis of the City of San José, as the lead agency for the Project; and (4) Preparation of a new, subsequent, or supplemental environmental document is not required because the appeal does not raise any new significant impacts that have not already been analyzed or addressed in the 865 Embedded Way Industrial Project MND in accordance with Public Resources Code (PRC) Section 21083 or CEQA Guidelines Sections 15073 and 15185. CEQA: Initial Study/Mitigated Negative Declaration for the 865 Embedded Way Industrial Project, Project File No. ER22-113. Council District 2. (Planning, Building, and Code Enforcement) |
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10.3 | PDC21-035, PT22-003, PD22-002 & ER21-284 – Planned Development Rezoning, a Vesting Tentative Map, and a Planned Development Permit on Certain Real Property Located at 0 Seely Avenue. – NOT TO BE HEARD BEFORE 6:00 P.M.
Recommendation: (a) Adopt a resolution certifying the 0 Seely Avenue Mixed-Use Project Environmental Impact Report, and making certain findings concerning significant impacts, mitigation measures, alternatives, and adopting a statement of overriding considerations and a related mitigation monitoring and reporting plan, in accordance with the California Environmental Quality Act, as amended. (b) Approve an ordinance rezoning certain real property of an approximately 22.88-gross-acre site situated at the northeasterly corner of Montague Expressway and Seely Avenue (APNs 097-15-033 & 034 & 097-66-004) from the IP Industrial Park Zoning District to an IP(PD) Planned Development Zoning District. (c) Adopt a resolution approving, subject to conditions, a Vesting Tentative Map to subdivide three parcels into 48 parcels (32 buildable parcels, and 16 common parcels) and to allow up to 154 residential condominium units and up to six commercial condominium units on an approximately 22.88-gross-acre site. (d) Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the demolition of two residences, a fruit stand, and ancillary structures totaling approximately 19,820 square feet and the removal of 584 trees (261 ordinance size and 323 non-ordinance-size, with 1,085 replacement trees) for the construction of a mixed-use development consisting of 1,472 multifamily residential units, approximately 18,965 square feet of commercial space, a 2.5-acre public park, up to six commercial condominium units, and Saturday construction hours from 8:00 AM to 5:00 PM on an approximately 22.88-gross-acre site. CEQA: Environmental Impact Report for the Seely Avenue Mixed-Use Project, File No. ER21-284. Planning Commission recommends approval (10-1; Garcia opposed) (Item 5.a. on the 6/26/2024 Planning Commission agenda). Council District 4. (Planning, Building and Code Enforcement). NOT TO BE HEARD BEFORE 6:00 p.m. |
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• Open Forum - continued from the afternoon
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.
If the afternoon Regular Session agenda items are completed before 5:00 p.m., this Open Forum will be continued from the earlier open forum. Members of the public may only speak at Open Forum once. |
• Adjournment
This meeting is adjourned in memory of Dr. David Ebersole, master educator, photographer, actor, and musician, who passed away Sunday, May 19, 2024. He was an amazing teacher at LeyVa Middle School in the East Side of San José, sharing his knowledge and love of the arts with his students for decades. TO BE HEARD AT 1:30 P.M. |
• Notice of City Engineer's Pending Decision on Final Maps
FOR RECEIPT
Tract: 10607 Location: East of Camden Avenue (from Canna Lane to Malpas Drive) District: 10 Lots/Units: 7/7 Type: SFD Developer: NewWorld Investment Group Inc.
Tract: 10625 Location: Approximately 120 ft South of Kettmann Road and Dashwood Avenue intersection District: 8 Lots/Units: 6/6 Type: SFD Developer: Viam Kettmann Partners LLC
FOR APPROVAL
Tract: 10607 Location: East of Camden Avenue (from Canna Lane to Malpas Drive) District: 10 Lots/Units: 7/7 Type: SFD Proposed Decision: Approved Developer: NewWorld Investment Group Inc. |
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: |
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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. | ||||||||||||||||||||||||||||||||||||||||||
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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. |