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City Council

November 19, 2024 ·1:30 PM Final

Council Chambers

Agenda — 83 items

  1. 1 Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.
  2. 2 Public Comment in Person Only
  3. 3 For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105
  4. 4 American Disability Act
  5. 5 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.
  6. 6 Accommodations
  7. 7 Any member of the public who needs accommodations should email the ADA Coordinator at ADA@sanjoseca.gov 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 ADA@sanjoseca.gov; Llame (408) 535-8430 • Nhu cầu cho người khuyết tật được cung cấp theo yêu cầu. Email ADA@sanjoseca.gov; Gọi (408) 535-8430
  8. 8 THE LEVINE ACT
  9. 9 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.
  10. 10 How to observe the Meeting (no public comment):
  11. 11 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 943 0203 7655. 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.
  12. 12 How to submit written Public Comment before the City Council Meeting:
  13. 13 By email to city.clerk@sanjoseca.gov by 8:00 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.
  14. 14 How to provide spoken Public Comment during the City Council Meeting:
  15. 15 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.
  16. Call to Order and Roll Call
  17. 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
  18. 18 Closed Session Agenda 24-2217
  19. 1:30 p.m.- Regular Session, Council Chambers, City Hall
  20. 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.
  21. Pledge of Allegiance
  22. Invocation (District 10)
  23. 23 String Quartet, Pioneer High School
  24. Orders of the Day
  25. 25 SEE AMENDED ITEM 2.10, "Amendments to Grant Agreements for Multiple Unsheltered Homelessness Programs” TO BE AMENDED UNDER ORDERS OF THE DAY, REQUIRES A DETERMINATION BY A TWO-THIRDS (2/3) VOTE OF THE MEMBERS OF THE COUNCIL PRESENT AT THE MEETING, OR, IF LESS THAN TWO-THIRDS (2/3) OF THE MEMBERS OF THE COUNCIL ARE PRESENT AT THE MEETING, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION. Consolidated Open Government and Ethics Resolution No. RES2024-99, Section 2.3.2.1.E.3; Council’s Rules of Conduct, Resolution No. RES2023-22, Rule 3(d).
  26. 26 Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.
  27. Adjournment Recognition
  28. Closed Session Report
  29. 1. CEREMONIAL ITEMS
  30. 1.1 Presentation of a proclamation declaring November 2024 as Janet Gray Hayes Month in the City of San José to honor her historic tenure as the first female mayor of a major U.S. city and for her support of district elections that added to the diversity of voices and backgrounds on the City Council. (Davis)
  31. 1.2 Presentation of a proclamation declaring November 2024 as Sikh American Awareness and Appreciation Month in San José. (Mayor & Candelas)
  32. 1.3 Presentation of a commendation to the United States Department of Commerce from Mayor Mahan joined by the companies of San José Foreign Trade Zone 18 - Maxar Space LLC, Lam Research Corporation, Tesla, Inc., the RK Group, Bloom Energy Corporation, Epoch International Enterprises, Inc., Seyond, Inc. and ISE Labs, Inc. - for its valued contributions on the 50th anniversary of the City’s Foreign Trade Zone. (Mayor)
  33. 2. CONSENT CALENDAR
  34. 34 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.
  35. 2.1 Approval of City Council Minutes.
  36. 2.2 Final Adoption of Ordinances.
  37. 37 Final Adoption of Ordinances. 24-2231
  38. 2.3 Approval of Council Committee Minutes.
  39. 39 Approval of Council Committee Minutes. 24-2198
  40. 2.4 Mayor and Council Excused Absence Requests.
  41. 41 Mayor and Council Excused Absence Requests. 24-2220
  42. 2.5 City Council Travel Reports.
  43. 2.6 Report from the Council Liaison to the Retirement Boards.
  44. 2.7 Actions Related to Authorizing an Application for Urban Streams Restoration Grant Program. 24-2200
  45. 2.8 Actions Related to Purchase Orders with NewsBank Inc. for San José Mercury News Digital Archives. 24-2201
  46. 2.9 Agreement with N. Harris Computer Corporation for the Upgrade of the CIS Infinity Utility Billing System. 24-2202
  47. 2.10 Amendments to Grant Agreements for Multiple Unsheltered Homelessness Programs. 24-2203
  48. 2.11 Approval of Independent Police Auditor Business Travel. 24-2218
  49. 2.12 Approval of World AIDS Day Flag Raising, Quilt Display, and Tower and Rotunda Lighting Sponsored by Council District 9 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. 24-2224
  50. 2.13 Retroactive Approval and Approval of Multiple Special Events Sponsored by Council District 8 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. 24-2227
  51. 2.14 Retroactive Approval of District 4 Dumpster Day Sponsored by Council District 4 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. 24-2230
  52. 2.15 City Council Appointment. 24-2240
  53. 3. STRATEGIC SUPPORT
  54. 3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
  55. 3.2 Labor Negotiations Update.
  56. 3.3 Tenant Protection Ordinance Audit Report. 24-2207
  57. 3.4 Public Member Appointments to the Board of Administration for Federated City Employees' Retirement System and the Board of Administration for the Police and Fire Department Retirement Plan. 24-2219
  58. 3.5 Amendments to the Microsoft Related Enterprise Licenses and Service Agreement. 24-2212
  59. 3.6 Annual Merit Increases and Additional Executive Leave for Council Appointees. 24-2242
  60. 3.7 District 3 Upcoming Vacancy. 24-2244
  61. 4. PUBLIC SAFETY SERVICES
  62. 5. TRANSPORTATION & AVIATION SERVICES
  63. 5.1 Amendments to City Council Policy 6-4 and Authorization to Proceed with Request for Proposal for Large Format Signage/Billboards at the San José Mineta International Airport. 24-2213
  64. 6. ENVIRONMENTAL & UTILITY SERVICES
  65. 7. NEIGHBORHOOD SERVICES
  66. 8. COMMUNITY & ECONOMIC DEVELOPMENT
  67. 8.1 2026 Major Events Status Report. 24-2211
  68. 9. REDEVELOPMENT – SUCCESSOR AGENCY
  69. 10. LAND USE
  70. 70 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.
  71. 10.1 Land Use on Consent Calendar - TO BE HEARD IMMEDIATELY AFTER CONSENT DURING THE 1:30 P.M. REGULAR SESSION
  72. (a) PD24-012 & ER24-118 - Planned Development Permit and Determination of Public Convenience or Necessity for Certain Real Property Located at 1130 East Santa Clara Street. - TO BE HEARD IMMEDIATELY AFTER CONSENT DURING THE 1:30 P.M. REGULAR SESSION 24-2214
  73. (b) PP24-007 - Phase II Emergency Shelter Updates - An Ordinance Amending Various Sections of Title 20 of the San José Municipal Code (Zoning Ordinance or Zoning Code) Related to Emergency Shelters. - TO BE HEARD IMMEDIATELY AFTER CONSENT DURING THE 1:30 P.M. REGULAR SESSION 24-2215
  74. 74 END OF CONSENT CALENDAR
  75. 10 Land Use - Regular Agenda
  76. 10.2 PDC22-132 & ER23-041 - Planned Development Rezoning of the Good Samaritan Hospital Site on Certain Real Property Located at 2333 and 2425 Samaritan Drive. - NOT TO BE HEARD BEFORE 6:00 P.M. 24-2216
  77. Open Forum
  78. 78 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.
  79. Adjournment
  80. Notice of City Engineer's Pending Decision on Final Maps
  81. 81 FOR RECEIPT: Tract: 10640 Location: N/E Corner of Kiperash Drive and Kyle Street District: 4 Lots/Units: 5/5 Type: SFD Developer: TransPacific Family LLC
  82. 82 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://sanjose.legistar.com/Calendar.aspx 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 CityClerk@sanjoseca.gov.
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