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CITY COUNCIL MEETING Amended Agenda |
Tuesday, September 17, 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 |
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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 |
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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.
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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):
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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 |
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• Pledge of Allegiance |
• Invocation (District 8)
San José Police Department - Chaplain Bryan Allen |
• 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 Recognition
This meeting is adjourned in memory of Dr. George Castro, a scientist, educator, and Chicano community leader, who passed away peacefully in his home on July 30, 2024. Dr. Castro was an accomplished chemist with a storied career at IBM before becoming Associate Dean in the College of Science at San José State University, where he became a passionate advocate for equal opportunity in education. He established multiple partnerships with local public school districts and Evergreen Valley College, and served on President Clinton’s Commission on Educational Excellence for Hispanics. He is remembered as a compassionate mentor in the sciences and a fierce champion for the Latino community. |
• Closed Session Report
To be heard after Ceremonial Items |
1. | CEREMONIAL ITEMS
1.1 Presentation of a commendation recognizing Michael Gabler, president of the Norwood Neighborhood Association and Vice President of Field Operations for the Silicon Valley Monterey Bay Council, Boy Scouts of America, providing his unwavering commitment to bettering our community here in San José. (Candelas)
1.2 Presentation of a proclamation declaring September 16, 2024 as Mexican Independence Day to celebrate the heritage and contributions of the Mexican-American community in the City of San José. (Doan) |
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.
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2.3 | Approval of Council Committee Minutes.
Recommendation: (a) Regular Community and Economic Development Committee Minutes of June 26, 2023. (b) Regular Joint Meeting for the Rules and Open Government Committee Minutes of June 7, 2023. (c) Regular Joint Meeting for the Rules and Open Government Committee Minutes of June 14, 2023. (d) Regular Joint Meeting for the Rules and Open Government Committee Minutes of June 21, 2023. (e) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 2, 2023. (f) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 9, 2023. (g) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 16, 2023. (h) Regular Joint Meeting for the Rules and Open Government Committee Minutes of May 8, 2024. (i) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 21, 2024. (j) Regular Joint Meeting for the Rules and Open Government Committee Minutes of August 28, 2024. (k) Regular Neighborhood Services and Education Committee Minutes of June 8, 2023. (l) Regular Neighborhood Services and Education Committee Minutes of August 10, 2023. (m) Regular Public Safety, Finance and Strategic Support Committee Minutes of June 15, 2023. (n) Regular Public Safety, Finance and Strategic Support Committee Minutes of August 17, 2023. (o) Regular Transportation and Environment Committee Minutes of June 5, 2023. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. |
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2.4 | Mayor and Council Excused Absence Requests.
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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 | Amended and Restated Wholesaler–Retailer Agreement for Supply of Recycled Water Between the City of San José and San José Water Company.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an amended and restated wholesaler-retailer agreement between the City of San José and San José Water Company to increase recycled water supply by up to an additional 5,000 acre-feet-per-year. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Environmental Services) |
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2.8 | United States Environmental Protection Agency Grant Applications.
Recommendation: Adopt a resolution authorizing the City Manager or her designee for a period of five years, beginning September 10, 2024, through September 9, 2029, to: (a) Apply for all grant programs offered by the United States Environmental Protection Agency, and (b) Negotiate and execute all grant documents, including agreements, amendments, and requests for payment, necessary to accept and secure grant funds, provided that the total grant amount, including any matching funds commitment, is within the City Manager’s authority, as set forth in the San José Municipal Code. 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 and File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Environmental Services) |
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2.9 | Actions Related to the Purchase Orders with Laguna Auto Body, Inc. and B2 Perfection Auto Body for Vehicle and Truck Collision Repairs, Bodywork, and Painting Services.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to: (a) Amend purchase orders OP 65170 with Laguna Auto Body, Inc. (Sunnyvale, CA) and OP 65172 with B2 Perfection Auto Body (Sunnyvale, CA) for vehicle and truck collision repairs, bodywork, and painting services to increase the combined total compensation by $350,000, for a maximum compensation not-to-exceed $900,000 for the period ending May 29, 2025; and (b) Exercise up to six one-year options to extend the term of the purchase orders with the last option ending on or about May 29, 2031, subject to the appropriation of funds. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) |
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2.10 | Actions Related to a Purchase Order with Carahsoft Technology Corporation for Salesforce, Inc. Customer Relationship Management Licenses.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to: (a) Negotiate and execute a Citywide purchase order with Carahsoft Technology Corporation for Salesforce, Inc. Customer Relationship Management licenses, and related services for a maximum compensation of $1,535,659 for the initial term beginning on or about September 1, 2024, and ending August 31, 2025, or as otherwise adjusted to align with the software subscription term; (b) Negotiate and execute amendments as required for any unanticipated changes to the purchase order with Carahsoft Technology Corporation not to exceed a total amount of $307,000, subject to the appropriation of funds; and (c) Exercise up to six additional one-year options to extend the term through August 31, 2031, or as may be adjusted to align with the software subscription 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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2.11 | Agreement with HomeAway.com, Inc. for the Collection of Transient Occupancy Tax.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Tax Collection Agreement with HomeAway.com, Inc., at no cost to the City, for the collection of the City’s Transient Occupancy Tax on short-term rentals, where the host (owner or primary tenant) uses a hosting platform provided by HomeAway.com, Inc. and its subsidiaries. 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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2.12 | Approval of Citywide Insurance Renewals.
Recommendation: Adopt a resolution authorizing the Acting Director of Finance or his designee to: (a) Select and purchase City property, liability, and executive risk insurance policies for the period of October 1, 2024 to October 1, 2025, at a total cost not-to-exceed $3,281,702 as well as an 18% contingency for additional property or assets scheduled, subject to the appropriation of funds, with the following insurance carriers: (1) Factory Mutual Insurance Company for Property Insurance, including Boiler and Machinery and Terrorism Risk Insurance Act Coverage; (2) Beazley Syndicate 2623/623 at Lloyd’s for Terrorism Insurance; (3) Hanover Insurance Company for Auto Physical Damage for the Airport shuttle buses; (4) Lexington Insurance Company for Secondary Employment Law Enforcement Professional Liability; (5) Arch Insurance Company for Accidental Death, Accidental Dismemberment, and Paralysis Policy for the Police Air Support Unit; and (6) Great American Insurance Company for Government Fidelity/Crime Coverage. (b) Select and purchase Additional Liability Insurance for the period October 22, 2024 to October 22, 2025, at a cost ranging from $500,000 to $1,100,000, subject to the appropriation of funds. (c) Select and purchase up to $15 million in Excess Flood insurance on a 50/50 quota share basis for the period October 1, 2024 to October 1, 2025, for a cost not-to-exceed $345,197, as well as an 18% contingency for additional property scheduled, subject to the appropriation of funds. (d) Select and purchase Airport Auto Liability insurance for the period October 1, 2024 to October 1, 2025, for a cost not-to-exceed $219,877, as well as an 18% contingency for additional assets scheduled, subject to the appropriation of funds. (e) Select and purchase Regional Wastewater Facility Auto Liability insurance for the period October 1, 2024 to October 1, 2025, for a cost not-to-exceed $191,803, as well as an 18% contingency for additional assets scheduled, 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 | Amendments to Consultant Master Agreements for Architectural Services for Essential City Facilities Projects.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute amendments to the master agreements for consultant services with Shah Kawasaki Architect, Inc. (CPMS Contract No. 9030-C) and Ten Over Studios, Inc. (CPMS Contract No. 9030-B), extending the term of each contract by up to two years and increasing the total maximum compensation limits for each contract by $800,000. 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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2.14 | Amendments to Consultant Master Agreements for Architectural Services for Non-Essential City Facilities Projects.
Recommendation: Adopt a resolution authorizing the City Manager or her designee to negotiate and execute amendments to the existing Master Agreements for consultant services with Anderson Brule Architects, Inc. (CPMS Contract No. 9031-A), Studio G Architects, Inc. (CPMS Contract No. 9031-B), Group 4 Architecture, Research and Planning, Inc. (CPMS Contract No. 9031-C), and ELS Architecture and Urban Design (CPMS Contract No. 9031-D), extending the term of each contract by up to three years and increasing the total maximum compensation limit for each contract by various amounts up to $500,000 each. 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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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 | Adoption of Statement of Policy and City Council Questions for the Prospective Director of Environmental Services.
Recommendation: Adopt a Statement of Policy and City Council Questions related to the selection of a prospective Director of Environmental Services 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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3.4 | Resolution on Federal Recognition for Muwekma Ohlone Tribe.
Recommendation: Receive information to questions from the August 7, 2024 Rules Committee Meeting. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Ortiz/Davis/Cohen/Candelas/Doan) [Rules and Open Government Committee referral 8/7/2024 – C.2 and 9/4/2024 – A.2] [Deferred from 8/27/2024 – Item 3.6] |
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4. | PUBLIC SAFETY |
5. | TRANSPORTATION & AVIATION SERVICES |
6. | ENVIRONMENTAL & UTILITY SERVICES |
6.1 | Stormwater Management Annual Report 2023-2024.
Recommendation: Adopt a resolution authorizing certification and submittal of the Fiscal Year 2023 - 2024 Stormwater Management Annual Report to the San Francisco Bay Regional Water Quality Control Board by September 30, 2024, in conformance with the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit requirements, pursuant to the Federal Clean Water Act. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City Action. (Environmental Services) |
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7. | NEIGHBORHOOD SERVICES |
8. | COMMUNITY & ECONOMIC DEVELOPMENT |
8.1 | Rent Stabilization Strategic Plan Status Report.
Recommendation: As recommended by the Community and Economic Development Committee on August 26, 2024, accept the status report on the draft Rent Stabilization Program Strategic Plan including Apartment Rent Ordinance, Mobilehome Rent Ordinance, Tenant Protection Ordinance, Ellis Act Ordinance, and goals and objectives for the program over the coming years. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Housing) [Community and Economic Development Committee 8/26/24 – Item (d)1] |
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9. | REDEVELOPMENT – SUCCESSOR AGENCY |
10. | LAND USE |
Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item 10.1) as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately. |
10.1 | Land Use on Consent Calendar |
No Land Use Items on Consent Calendar |
END OF CONSENT CALENDAR |
10. | Land Use - Regular Agenda |
• Open Forum
Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. Members of the public may only speak at Open Forum once. |
• Adjournment
This meeting is adjourned in memory of Dr. George Castro, a scientist, educator, and Chicano community leader, who passed away peacefully in his home on July 30, 2024. Dr. Castro was an accomplished chemist with a storied career at IBM before becoming Associate Dean in the College of Science at San José State University, where he became a passionate advocate for equal opportunity in education. He established multiple partnerships with local public school districts and Evergreen Valley College, and served on President Clinton’s Commission on Educational Excellence for Hispanics. He is remembered as a compassionate mentor in the sciences and a fierce champion for the Latino community. |
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. |