City Council

City Council Meeting Agenda Friday, August 10, 2018 SAM LICCARDO, MAYOR CHAPPIE JONES, DISTRICT 1 SERGIO JIMENEZ, DISTRICT 2 RAUL PERALEZ, DISTRICT 3 LAN DIEP, DISTRICT 4 MAGDALENA CARRASCO, VICE MAYOR, DISTRICT 5 DEV DAVIS, DISTRICT 6 TAM NGUYEN, DISTRICT 7 SYLVIA ARENAS, DISTRICT 8 DONALD ROCHA, DISTRICT 9 JOHNNY KHAMIS, DISTRICT 10 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. • 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. • Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life. •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. • Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services. 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 or Successor Agency to the Redevelopment Agency Board. If you wish to speak to the City Council, please refer to the following guidelines: o Fill out a Yellow Speaker’s Card and submit it to the City Clerk seated at the front table. Do this before the meeting or before the item is heard. This will ensure that your name is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants. o 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. o Each speaker generally has two minutes to speak per item. The amount of time allotted to speakers may vary at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. o 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. 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. The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed, unless otherwise noted. 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 http://www.sanjoseca.gov/index.aspx?NID=3549. Council Meetings are televised live and rebroadcast on Channel 26. 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 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. Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanjoseca.gov for the final document. To request an accommodation or alternative format under the Americans with Disabilities Act for City-sponsored meetings, events or printed materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting. On occasion the City Council may consider agenda items out of order. City Council Agenda August 10, 2018 • Call to Order and Roll Call • Orders of the Day 3. STRATEGIC SUPPORT City of San José Page 4 Printed on 8/10/2018 City Council Agenda August 10, 2018 3.1 18-1096 Potential General Obligation Bond Ballot Measure: Disaster Preparedness, Public Safety, and Infrastructure Bond. City of San José Page 5 Printed on 8/10/2018 City Council Agenda August 10, 2018 Recommendation: (a) Adopt a resolution of the City Council calling and giving notice, on its own motion, for a Special Municipal Election to be held on November 6, 2018, to submit to the electors of the City of San José a general obligation bond measure with the following statement of the measure to be printed in the ballot: Disaster Preparedness, Public Safety, and Infrastructure Bond To: • Upgrade 911 communications, police, fire, and paramedics facilities to improve emergency and disaster response; • Repair deteriorating bridges vulnerable to earthquakes; • Repave streets and potholes in the worst condition; • Prevent flooding and water supply contamination; • Repair critical infrastructure; Shall San Jose issue $650,000,000 in general obligation bonds with an average levy of 11 cents per $1,000 of assessed value, averaging $34,208,000 annually until repaid, requiring community oversight and annual audits? (YES/NO) (b) To save $89,000 in City costs on the bond measure, approve a Resolution directing 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 San Jose Mercury News, a newspaper of general circulation within the City of San Jose, instead of printing the full text of the measure in the Sample Ballot; (c) Allow rebuttal arguments, pursuant to Elections Code Section 9285; (d) Authorize the Mayor to submit a ballot argument in support of the bond measure, pursuant to Elections Code Section 9282; (e) 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 http://www.sanjoseca.gov/index.aspx?nid=5694 or call 408-535-1260 and a copy will be sent at no cost to you.”; and (f) Direct the City Clerk to take all other actions necessary to place this measure on the November 6, 2018 ballot. 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. (City Manager) [City Council 8/7/18 - Item 3.4] City of San José Page 6 Printed on 8/10/2018 City Council Agenda August 10, 2018 Attachments Memorandum New Supplemental--Costs Resolution Memorandum Liccardo 3.1 and 3.2 Memorandum from 8/7/18 Memo from Liccardo Memo from Jimenez Memo from Rocha Memo from Khamis Letters from Public Presentation Letter from the public City of San José Page 7 Printed on 8/10/2018 City Council Agenda August 10, 2018 3.2 18-1097 Potential General Obligation Bond Ballot Measure: Affordable Housing Bond. City of San José Page 8 Printed on 8/10/2018 City Council Agenda August 10, 2018 Recommendation: (a) Adopt a resolution of the City Council calling and giving notice, on its own motion, for a Special Municipal Election to be held on November 6, 2018, to submit to the electors of the City of San José a general obligation bond measure with the following statement of the measure to be printed in the ballot: Affordable Housing Bond To provide housing affordable for: • working families, • veterans, • seniors, • teachers, nurses, paramedics, and other workers; and • helping homeless residents get off of local streets and out of neighborhood parks and creeks; Shall San Jose issue $450,000,000 in general obligation bonds with an average levy of 8 cents per $1,000 of assessed value, averaging $26,217,000 annually until repaid, requiring community oversight and annual audits? (YES/NO) (b) To save $89,000 in City costs on the bond measure, approve a Resolution directing 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 San Jose Mercury News, a newspaper of general circulation within the City of San Jose, instead of printing the full text of the measure in the Sample Ballot; (c) Allow rebuttal arguments, pursuant to Elections Code Section 9285; (d) Authorize the Mayor to submit a ballot argument in support of the bond measure, pursuant to Elections Code Section 9282; (e) 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 http://www.sanjoseca.gov/index.aspx?nid=5694 or call 408-535-1260 and a copy will be sent at no cost to you.”; and (f) Direct the City Clerk to perform all other actions necessary to place the measure on the November 6, 2018 ballot. 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. (City Manager) [City Council 8/7/18 - Item 3.4] City of San José Page 9 Printed on 8/10/2018 City Council Agenda August 10, 2018 Attachments Memorandum New Supplemental--Costs Resolution New Memorandum Liccardo 3.1 and 3.2 Memorandum Carrasco 3.2 Memorandum Original from 8/7/18 Memo from Liccardo Memo from Jimenez Memo from Rocha Memo from Khamis Letters from Public Presentation Letter from the public City of San José Page 10 Printed on 8/10/2018 City Council Agenda August 10, 2018 3.3 18-1098 Charter Amendment on Salary Setting and Competing Ballot Measures. City of San José Page 11 Printed on 8/10/2018 City Council Agenda August 10, 2018 Recommendation: (a) Council discussion of community survey results regarding a potential ballot measure amending the process in which Mayor and Council salaries are set under the City Charter and authorizing the Council to place competing ordinances on a citywide ballot at the same time the Council places a voter-sponsored initiative on the ballot; (b) Adopt a resolution of the City Council calling and giving notice, on its own motion, for a Special Municipal Election to be held on November 6, 2018, to submit to the electors of the City of San José a measure to amend the City Charter with the following statement of the measure to be printed in the ballot: 2018 Charter Amendments Shall the City of San José Charter be amended to: - Remove the Mayor and Council’s ability to approve their salaries; - Require the Salary Setting Commission to adjust the base salaries for the Mayor and City Council once every ten years; - Limit base salary increases after each 10-year adjustment to annual adjustments for inflation; and - Align the City Charter with State law to allow the City Council to place competing ordinances on the same ballot in Municipal Elections? (YES/NO) (c) Council discussion and consideration of whether the full text of the proposed City Charter amendment should be printed in the November 6, 2018 Voter’s Sample Ballot, pursuant to Elections Code 12111, to be incorporated into the resolution calling for the election; (d) Council discussion and consideration of whether to print rebuttal arguments in the November 6, 2018 Voter’s Sample Ballot, pursuant to Elections Code 9285, to be incorporated into the resolution calling for the election; (e) Council discussion and consideration of whether to authorize the City Council or any member or members of the City Council to submit an argument in favor of the City measure on the November 6, 2018 Voter’s Sample Ballot, pursuant to Elections Code Section 9282, to be incorporated in the resolution calling the election; (f) Council discussion and consideration of whether to direct the City Clerk to transmit a copy of the measure to the City Attorney to prepare an Impartial Analysis, pursuant to Elections Code Section 9280; and (g) Direct the City Clerk to take all actions necessary to place this measure on the ballot for a November 6, 2018 Special Municipal Election. CEQA: Not a Project, PP17-010, City Organizational & Administrative Activities resulting in no changes to the physical environment. (City City of San José Page 12 Printed on 8/10/2018 City Council Agenda August 10, 2018 Manager) [City Council 8/7/18 - Item 3.5] Attachments Memorandum Supplemental (Attorney) Supplemental--Costs (Clerk) Resolution Memorandum from Liccardo Memorandum from Jimenez and Rocha Memorandum from Peralez Memorandum Arenas Letters from the Public Presentation Memo from Arenas Replacement Presenation • Open Forum • Adjournment City of San José Page 13 Printed on 8/10/2018 City Council Agenda August 10, 2018 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. City of San José Page 14 Printed on 8/10/2018 City Council Agenda August 10, 2018 CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL CHAMBERS AND COMMITTEE ROOMS (CONT’D.) 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 time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. c) Speakers should discuss topics related to City business 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. City of San José Page 15 Printed on 8/10/2018