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October 22, 2024 ·1:30 PM Final

Council Chambers

Agenda PDF 📹 Watch video Official record ↗

Agenda — 86 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 24-2142
  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 9)
  23. 23 San José - Okayama Sister City Students
  24. • Orders of the Day
  25. 25 SEE NEW ITEM 2.17, “City Council Appointments of Committees, Boards, and Commissions” TO BE ADDED 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 recognizing October 2024 as Hindu American Heritage Month for the contributions of the Hindu American community to the cultural, social and economic fabric of the City of San José. (Batra)
  31. 1.2 Presentation of a commendation to Luis Valdez Leadership Academy for their significant investment in their students, which has earned them the prestigious designation of a California Distinguished School. (Doan)
  32. 1.3 Presentation of a proclamation declaring October 24, 2024 as Lights on Afterschool Day to celebrate after school programs and their important role in the lives of children, working families, and communities in the City of San José. (Ortiz)
  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. 24-2072
  38. 2.3 Approval of Council Committee Minutes.
  39. 2.4 Mayor and Council Excused Absence Requests.
  40. 40 Mayor and Council Excused Absence Requests. 24-2073
  41. 2.5 City Council Travel Reports.
  42. 2.6 Report from the Council Liaison to the Retirement Boards.
  43. 2.7 Approval of the Terms of a Side Letter Agreement with the San José Police Officers’ Association (SJPOA) Relating to the City-Paid Parental Leave Program. 24-2081
  44. 2.8 Approval of the Terms of a Side Letter Agreement with the City Association of Management Personnel, IFPTE, Local 21 (CAMP) Relating to a Hiring Incentive Pilot Program. 24-2082
  45. 2.9 Terms of a Side Letter Agreements Between the City of San José and the Municipal Employees’ Federation, Terms of a Side Letter Agreement Between the City of San José and the Association of Maintenance Supervisory Personnel, Terms of a Side Letter Agreement Between the City of San José and the City Association of Management Personnel, and Amending the City of San José Pay Plan. - DROP 24-2083
  46. 2.10 Electric Vehicle Charger Assistance Pilot Program for Multifamily Housing. 24-2084
  47. 2.11 Actions Related to the Purchase Order with Pape’ Machinery, Inc. for Off-Road Equipment Repairs and Services. 24-2085
  48. 2.12 Annual Evaluation Report for Fiscal Year 2024 (Year 3) for the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Related to Messaging on Flood Risks. 24-2086
  49. 2.13 Third Amendment to the Agreement with County of Santa Clara for Imagery and LiDAR Data Acquisition. 24-2087
  50. 2.14 Bus Accelerated Infrastructure Delivery Program Grant Funding Agreements 2024-2025. 24-2088
  51. 2.15 Retroactive Approval and Approval of Multiple Special Events Sponsored by Council District 7 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. 24-2136
  52. 2.16 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. 24-2137
  53. 2.17 City Council Appointments of Committees, Boards, and Commissions. 24-2141
  54. 3. STRATEGIC SUPPORT
  55. 3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
  56. 3.2 Labor Negotiations Update.
  57. 3.3 2023-2024 City Manager’s Annual Report. 24-2089
  58. 3.4 Encumbrances Audit Report. 24-2094
  59. 3.5 New City Council Policy for Seamless Transition of City Elected Official Offices. - RECOMMEND DEFERRAL 24-2098
  60. 3.6 Actions Related to the 8813 - West San Carlos Street Urban Village Streetscape Improvements Project. 24-2099
  61. 4. PUBLIC SAFETY SERVICES
  62. 5. TRANSPORTATION & AVIATION SERVICES
  63. 6. ENVIRONMENTAL & UTILITY SERVICES
  64. 7. NEIGHBORHOOD SERVICES
  65. 7.1 Blue Zones Assessment, Readiness, and Feasibility Report. - NOT TO BE HEARD BEFORE 6:00 P.M. 24-2101
  66. 8. COMMUNITY & ECONOMIC DEVELOPMENT
  67. 8.1 Citywide Planning Activities Semi-Annual Status Report. 24-2111
  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
  72. 72 No Land Use items on Consent Calendar.
  73. 73 END OF CONSENT CALENDAR
  74. 10 Land Use - Regular Agenda
  75. 75 OPEN THE GENERAL PLAN HEARING (2024 CYCLE 2)
  76. 10.2 GPT24-001 City - Initiated General Plan Text Amendment to Update Text and Maps in the Envision San José 2040 General Plan and the Diridon Station Area Plan to Align with the Recently Adopted San José Mineta International Airport Land Use Compatibility Plan. - TO BE HEARD AFTER ITEM 8.1 DURING THE 1:30 P.M. REGULAR SESSION 24-2112
  77. 77 CLOSE THE GENERAL PLAN HEARING (2024 CYCLE 2)
  78. 10.3 PDC22-008, T22-034, PD22-021 & ER22-237 - Planned Development Rezoning, Vesting Tentative Map, and Planned Development Permit for the Property Located at 3464 Ambum Avenue. - NOT TO BE HEARD BEFORE 6:00 P.M. 24-2113
  79. 10.4 CP21-022 & ER21-280: Conditional Use Permit to Allow Construction of a New Approximately 165,148 - Square Foot Commercial Retail Building at 5287 Prospect Road. - NOT TO BE HEARD BEFORE 6:00 P.M. 24-2114
  80. • Open Forum
  81. 81 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.
  82. • Adjournment
  83. • Notice of City Engineer's Pending Decision on Final Maps
  84. 84 FOR RECEIPT: Tract: 10642 Location: South side of Kirk Avenue approximately 160 feet east of Madeline Drive District: N/A (Site is to be annexed to the City as part of McKee No. 139 Annexation) Lots/Units: 18/18 Type: SFD Developer: Alphain Bay
  85. 85 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/DepartmentDetail.aspx?ID=21676&GUID=ACCCCFF5-F14A-4E1A-8540-9065F45A8A90 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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