CITY COUNCIL MEETING

Agenda

 

Special Meeting

Tuesday, August 6, 2024

1:30 PM

LOCATION:

Council Chambers - 200 E. Santa Clara Street

 

To request interpretation in other languages, please email [email protected] four days prior to the meeting.

 

For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105

 

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
  • 應要求提供殘疾人便利設施. 電子郵件 [email protected]; 致電 (408) 535-8430

THE LEVINE ACT

 

The Levine Act requires a Party in a Proceeding before the City of San José that involves any action related to their contract, license, permit, or use entitlement to disclose any campaign contributions to City elected or appointed officials totaling more than $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://www.sanjoseca.gov/news-stories/watch-a-meeting.

3)

https://youtube.com/CityofSanJoseCalifornia

4)

By Phone: (888) 475 4499. Webinar ID is 94302037655. 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/94302037655   

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    

 

11:00 a.m. ‑ Closed Session, Call to Order in Council Chambers

Adjourn to Closed Session in Council Chambers Conference Room, W133

See Separate Agenda

 

1:30 p.m. – Special Meeting, Council Chambers, City Hall

 

3.

STRATEGIC SUPPORT

 

3.1

Potential Parcel Tax Ballot Measure.

 

Recommendation:    

(a) Review survey results for a potential parcel tax ballot measure for the November 5, 2024 Presidential General Election.

(b) Defer placing a parcel tax measure on the ballot for the November 5, 2024 election, and direct staff to include consideration of options for funding park maintenance through the analysis of potential revenue measures for 2026 directed through the City Council’s adoption of Manager’s Budget Addendum #10 as part of the 2024-2025 Adopted Budget.

(c) If the City Council does not defer action to 2026 and instead directs to place a parcel tax measure on the ballot for the November 5, 2024 election, adopt a resolution of the City Council:

 

(1) Calling and giving notice, on its own motion, the submission to the electors of the City of San José at a Special Municipal Election, to be consolidated with the Presidential General Election on November 5, 2024, a ballot measure proposal to impose an annual special tax in the form of a parcel tax for the purpose of funding Parks and Clean Neighborhoods Services with the following statement of the measure to be printed in the ballot:

San José Parks, Clean Neighborhoods Measure

To clean, maintain and improve parks, playgrounds, trails, restrooms, recreation facilities; remove homeless encampments in parks, creeks, neighborhoods; remove trash, illegal dumping, graffiti; provide gang prevention, recreation programs; shall an ordinance be adopted levying an annual parcel tax of 1¢ per square foot on single-family parcels, with a cap, and for other properties at rates described in ordinance until repealed by voters raising approximately $21 million annually with public disclosure?

 

(2) Direct the City Clerk to, pursuant to Elections Code Section 12111, cause a synopsis of the proposed measure to be published at least one time not later than one week before the election in the Mercury News, a newspaper of general circulation within the City of San José, instead of printing the full text of the measure in the Sample Ballot;

 

(3) Authorize the Mayor to submit a ballot argument in support of the measure, pursuant to Elections Code Section 9282;

 

(4) Authorize the submittal of rebuttal arguments pursuant to Elections Code Section 9285;

 

(5) Direct the City Attorney to prepare an Impartial Analysis of the measure, where, as authorized under Elections Code Section 9280, the following statement will be printed in the Impartial Analysis to be prepared by the City Attorney: “If you would like to read the full text of the measure, see www.sanjoseca.gov/your-government/appointees/city-clerk or call 408-535-1260 and a copy will be sent at no cost to you.”; and

 

(6) Direct the City Clerk to take all other actions necessary to place this measure on the November 5, 2024 ballot.

(d) If the City Council decides to place a parcel tax measure on the ballot for the November 5, 2024 election, direct the City Manager to return to the City Council in September 2024 with a spending plan that shows how the City intends to spend the revenue from the parcel tax if it were approved.

CEQA: Statutorily Exempt, File No. PP17-001, CEQA Guidelines Section 15262, Feasibility and Planning Studies with no commitment to future actions. (City Manager)

 

• Public Comment

 

• Adjournment

 

 


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.