City Council

City Council Meeting Amended Agenda Tuesday, December 11, 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 Amended Agenda December 11, 2018 • Call to Order and Roll Call 9:00 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 18-1342 Closed Session Agenda Attachments Closed Session Agenda 11:00 a.m.- Regular Session, Council Chambers, City Hall • Invocation Himat Singh Bainiwal • Pledge of Allegiance • 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. • Closed Session Report To be heard after Ceremonial Items 1. CEREMONIAL ITEMS 1.1 Presentation of commendation to Maria Maldonado for her leadership and dedication to “The fight for $15”. (Rocha) 1.2 Presentation of commendation to Ruth Silver Taube for her efforts in bringing awareness and an end to wage theft in San José and the surrounding areas. (Rocha) 1.3 Assistance League San José. (Vice Mayor) 2. CONSENT CALENDAR City of San José Page 4 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 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, staff, or public 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. 2.2 Final Adoption of Ordinances. City of San José Page 5 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 18-1678 Final Adoption of Ordinances. Recommendation: (a) Ord No. 30188 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 1.72- Gross Acres, Situated at the Northwest Corner of the Intersection of Virginia Street and 7th Street (295 East Virginia Street) (Apn: 472-25-092), from the A(PD) Planned Development Zoning District to The R-M Multiple Residence Zoning District (b) Ord No. 30189 - An Ordinance of the City of San José Adding Sections 23.02.094, 23.02.096, and 23.02.145 to Chapter 23.02, Amending Section 23.02.106 of Chapter 23.02, and Adding Section 23.04.036 to Chapter 23.04 of Title 23 of the San José Municipal Code Related to Business Center Signs. (c) Ord No. 30190 - An Ordinance of the City of San José Amending Section 4.88.100 Of Title 4 and Sections 20.30.100, 20.30.200, 20.40.100, 20.50.100, 20.55.300, 20.70.510, 20.90.130, 20.90.210, And 20.100.1300 of Title 20 and Adding Sections 20.50.125, 20.200.181 And 20.200.261 to Title 20 of the San José Municipal Code to Clarify that Secondary Units are a Permitted Use in the Residential Multiple Family Zoning District, Clarify Incidental Child Day Care as a Permitted Use in the PQP Zoning District, Add Certain 100% Affordable Housing as a Conditional or Special Use in a Mixed Use Development in an Urban Village in the Commercial Zoning District, Substitute Catering Facility for Caterer as a Permitted Use in the Commercial Zoning District, Clarify the Standards for Incidental Office Use as a Permitted Use in the Light Industrial and Heavy Industrial Zoning Districts, Add Stairwells and Elevator Shafts as Uses Eligible for Exception from General Zoning District Height Limits, Add New Definitions of Catering Facility and Construction/Corporation Yard and Make Other Technical, Formatting, Minor Modification, or Non-Substantive Changes within Title 20 of the San José Municipal Code. Attachments Ordinance 2.3 Approval of Council Committee Minutes. City of San José Page 6 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 (a) 18-1650 Approval of City Council Minutes. City of San José Page 7 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 Recommendation: (a) Regular Rules and Open Government Committee Meeting Minutes of April 18, 2018. (b) Regular Rules and Open Government Committee Meeting Minutes of April 25, 2018. (c) Regular Rules and Open Government Committee Meeting Minutes of May 2, 2018. (d) Regular Rules and Open Government Committee Meeting Minutes of May 9, 2018. (e) Regular Rules and Open Government Committee Meeting Minutes of May 16, 2018. (f) Regular Rules and Open Government Committee Meeting Minutes of May 23, 2018. (g) Regular Rules and Open Government Committee Meeting Minutes of May 30, 2018. (h) Regular Rules and Open Government Committee Meeting Minutes of June 6, 2018. (i) Regular Rules and Open Government Committee Meeting Minutes of June 13, 2018. (j) Regular Transportation and Environment Committee Meeting Minutes of May 7, 2018. (k) Regular Transportation and Environment Committee Meeting Minutes of June 4, 2018. (l) Regular Smart Cities and Service Improvements Committee Meeting Minutes of February 1, 2018. (m) Regular Smart Cities and Service Improvements Committee Meeting Minutes of March 1, 2018. (n) Regular Smart Cities and Service Improvements Committee Meeting Minutes of April 5, 2018. (o) Regular Smart Cities and Service Improvements Committee Meeting Minutes of May 3, 2018. (p) Regular Smart Cities and Service Improvements Committee Meeting Minutes of June 7, 2018. (q) Regular Neighborhood Services and Education Committee Meeting Minutes of March 8, 2018. (r) Regular Neighborhood Services and Education Committee Meeting Minutes of June 14, 2018. (s) Regular Public Safety, Finance and Strategic Support Committee Meeting Minutes of March 15, 2018. (t) Regular Public Safety, Finance and Strategic Support Committee Meeting Minutes of April 19, 2018. (u) Regular Public Safety, Finance and Strategic Support Committee City of San José Page 8 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 Meeting Minutes of May 17, 2018. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. Attachments ROGC April 18, 2018 Minutes ROGC April 25, 2018 Minutes ROGC May 2, 2018 Minutes ROGC May 9, 2018 Minutes ROGC May 16, 2018 Minutes ROGC May 23, 2018 Minutes ROGC May 30, 2018 Minutes ROGC June 6, 2018 Minutes ROGC June 13, 2018 Minutes T&E May 7, 2018 Minutes T&E June 4, 2018 Minutes Smart Cities February 1, 2018 Minutes Smart Cities April 5, 2018 Minutes Smart Cities March 1, 2018 Minutes Smart Cities May 3, 2018 Minutes Smart Cities June 7, 2018 Minutes NSE March 8, 2018 Minutes NSE June 14, 2018 Minutes PSFSS March 15, 2018 Minutes PSFSS April 19, 2018 Minutes PSFSS May 17, 2018 Minutes 2.4 Mayor and Council Excused Absence Requests. 2.5 City Council Travel Reports. 2.6 Report from the Council Liaison to the Retirement Boards. City of San José Page 9 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 2.7 18-1631 Boards and Commissions Appointments. Recommendation: Approve the following Boards and Commissions appointments: (a) Arts Commission: (1) District 3 Seat: Appoint Stephanie Southwick for a term ending June 30, 2020; (b) Clean Energy Community Advisory Commission (1) Appoint Gerald Gottheil for a term ending December 31, 2021; (c) Council Appointment Advisory Commission: (1) District 2 Seat: Appoint Denise Belisle for a term of January 1, 2019 to December 31, 2022; (2) District 4 Seat: Appoint Quynh Ho for a term of January 1, 2019 to December 31, 2022; (3) District 10 Seat: Appoint Ben Mazzone for a term of January 1, 2019 to December 31, 2022; (d) Downtown Parking Board: (1) Business Association within a Designated Meter District Outside of the Downtown Core Representative: Appoint Tamiko Rast for a term ending June 30, 2020; (e) Housing and Community Development Commission: (1) Mobilehome Resident Representative Seat: Appoint Martha O'Connell for a term of January 1, 2019 to December 31, 2022; (2) Mobilehome Owner Representative Seat: Appoint Ryan Jasinsky for a term of January 1, 2019 to December 31, 2022; (f) Human Services Commission: (1) District 2 Seat: Appoint Jessica Dickinson-Goodman for a term January 1, 2019 to December 31, 2022; (2) Disability Service Provider/Disable Representative Seat: Appoint Tiffany Maciel to a term of January 1, 2019 to December 31, 2022; (g) Parks and Recreation Commission: (1) District 6 Seat: Appoint John Callison for a term ending June 30, 2019; and (h) Senior Citizens Commission: (1). District 3 Seat: Appoint Paul Oller for a term ending June 30, 2021. CEQA: Not a Project, File No. PP17-010, City Administrative Activities, resulting in no changes to the physical environment. (City Clerk) City of San José Page 10 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 Attachments Memorandum Memorandum from Jimenez, 12/10/2018 Arts Commission Applications Arts Commission Code Enforcement Review Arts Commission Conflict of Interest Review Clean Energy Community Advisory Commission Application Clean Energy Community Advisory Commission Code Enforcement Review Clean Energy Community Advisory Commission Conflict of Interest Review Council Appointment Advisory Commission Application Council Appointment Advisory Commission Code Enforcement Review Council Appointment Advisory Commission Conflict of Interest Review Downtown Parking Board Application Downtown Parking Board Code Enforcement Review Downtown Parking Board Conflict of Interest Review Housing and Community Development Commission Applications Housing and Community Development Commission Code Enforcement Review Housing and Community Development Commission Conflict of Interest Review Housing and Community Development Department Memorandum Parks and Recreation Commission Applications Parks and Recreation Commission Code Enforcement Review Parks and Recreation Commission Conflict of Interest Review Senior Citizens Commission - Application Senior Citizens Commission Code Enforcement Review Senior Citizens Commission Conflict of Interest Review 2.8 18-1586 CALMS-Video Cameras and Signs Grant Agreement with SAFER San José, Inc. Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute a Grant Agreement to provide security cameras with SAFER San José, Inc. from the date of execution through September 30, 2021 in the amount of $595,000. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Manager) Attachments Memorandum City of San José Page 11 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 2.9 18-1632 Naming of the San José Public Library Bridge Branch Located at 3411 Rocky Mountain Drive. - DROP Recommendation: DROP 2.10 18-1633 Agreements with Advance Design Consultants, Inc., and Salas O’Brien Inc., for Professional Mechanical and Electrical Design Services. Recommendation: Approve the Master Agreements with Advance Design Consultants, Inc., and Salas O’Brien Inc., for Professional Mechanical and Electrical design services from the date of execution through December 31, 2021, in an amount not to exceed $1,000,000 for each agreement. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works) Attachments Memorandum Agreement, Advance Design Consultants, Inc Agreement, Salas O’Brien Inc. 2.11 18-1634 Fiscal Year 18 Traffic Impact Fee Report. Recommendation: Accept the annual and five-year report prepared in accordance with the Mitigation Fee Act (Government Code section 66000 et seq.) on the status of the City’s four traffic impact fee programs: North San José, Evergreen-East Hills, US-101/Oakland/Mabury, and Interstate 280/Winchester Boulevard. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Transportation) Attachments Memorandum City of San José Page 12 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 2.12 18-1651 Declaration and Recording a Statement of the Results of the November 6, 2018 Run-off Municipal Election and Special Municipal Election. Recommendation: Adopt a resolution declaring and recording a statement of the results of the November 6, 2018 Run-off Municipal Election and Special Municipal Election per Elections Code Sections 10263, 10264, and 15400. CEQA: Not a Project, File No. PP17-010, City Organizational & Administrative Activities resulting in no changes to the physical environment. (City Clerk) Attachments Memorandum Supplemental Memorandum, 12/7/2018 Attachment Resolution 2.13 18-1654 Settlement of Lawsuit Filed by Ronald Wood. Recommendation: Approve a settlement with Ronald Wood in the amount of $500,000, and authorize the City Attorney to execute a Settlement Agreement. CEQA: Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Attorney) Attachments Memorandum Agreement City of San José Page 13 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 2.14 18-1638 Actions Related to the Request for Proposal for Permitting System for the Police Department. Recommendation: Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager to: (a) Execute an agreement with TruePoint Solutions, LLC (Loomis, CA) for professional services required to design, configure, implement, and deploy a Permitting System for the Police Department, including training, custom report development, and integration, for an initial three-year term beginning on or about December 17, 2018 and ending December 31, 2021, with a maximum compensation not to exceed $375,000 during the initial three-year term, subject to the appropriation of funds; (b) Execute an agreement with Infor Public Sector, Inc. (Rancho Cordova, CA) for the purchase of a Permitting System for the Police Department, including software subscriptions and ongoing support and maintenance, for an initial three-year term beginning on or about December 17, 2018 and ending December 31, 2021, with a maximum compensation not to exceed $161,775 during the initial three-year term, subject to the appropriation of funds; (c) Negotiate and execute amendments and change orders to the agreements with TruePoint Solutions, LLC and Infor Public Sector, Inc., as may be required for any unanticipated changes, including the purchase of additional subscriptions, for a contingency amount not to exceed $135,000 during the initial three-year term, subject to the appropriation of funds; and (d) Exercise one additional three-year option to extend the term of the agreements through December 31, 2024 to provide ongoing software subscriptions (including purchases of additional subscriptions as required), support, maintenance, and related professional services, 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) Attachments Memorandum Agreement (b) Agreement City of San José Page 14 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 2.15 18-1643 Actions Related to the Housing for Homeless Veterans Housing Rehabilitation Pilot Program. Recommendation: (a) Approve the award of $1,000,000 in Housing Authority Litigation Award funding currently designated for the City’s Housing for Homeless Veterans Housing Rehabilitation Pilot Program (a.k.a. Rebuilding for Heroes) to the County of Santa Clara for the Veterans Rapid Rehousing Program; and (b) Adopt a resolution authorizing the Director of Housing to negotiate and execute an agreement with the County of Santa Clara to provide rental subsidies to homeless veterans through the County’s Veterans’ Rapid Rehousing Program. 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 impact to the environment. (Housing) Attachments Memorandum City of San José Page 15 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 2.16 18-1644 Actions Related to the 2019-2020 Hazardous Vegetation Commencement Report. Recommendation: Adopt a resolution: (a) Accepting the 2019-2020 Hazardous Vegetation Commencement Report compiled by the Office of Santa Clara Environmental Resource Agency, Department of Agriculture and Resource Management, Division of Hazardous Vegetation; and (b) Declaring that those certain noxious or dangerous seasonal and recurrent weeds, growing or likely to be growing, and refuse, situated or likely to be situated, on those properties identified in the Report are a public nuisance; and (c) Directing the Office of Santa Clara Environmental Resource Agency, Department of Agriculture and Resource Management, Division of Hazardous Vegetation to mail notices of a Public Hearing on January 29, 2019, at 1:30 p.m. before the City Council on the Report to property owners of affected real properties pursuant to Chapter 9.12 of Title 9 of the San José Municipal Code and the Weed Abatement Agreement between the City of San José and the County of Santa Clara. CEQA: Categorically Exempt, CEQA Guidelines Section 15301(h) Existing Facilities, PP18-094. (Planning, Building and Code Enforcement) Attachments Memorandum Resolution 2.17 18-1660 Settlement of City of San José v. J.U.M. Global, L.L.C. and State Energy Resources Conservation and Development Commission v. City of San José, et al. Recommendation: Approve a settlement in the amount of $150,000, and authorize the City Attorney to execute a Settlement Agreement to settle the cases of San José v. J.U.M. Global, L.L.C. and State Energy Resources Conservation and Development Commission v. City of San José, et al. v. City of San José. CEQA: Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Attorney) Attachments Memorandum Agreement City of San José Page 16 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 2.18 18-1669 Retroactive Approval of Nieman Community Pick Up Sponsored by Council District 8 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event Recommendation: As recommended by the Rules and Open Government Committee on November 28, 2018: (a) Retroactively approve of the Nieman Community Clean Up scheduled on November 17, 2018 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses, or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Arenas) [Rules Committee referral 11/28/18 - Item G.1.a] Attachments Memorandum 2.19 18-1738 Ordinance Dedicating Public Right-of-Way and Public Parking Easement and Major Encroachment Located at 200 Edenvale Avenue. Recommendation: (a) Approve an ordinance dedicating as public right-of-way approximately 26,610 square feet of a City-owned drive aisle located on the south boundary of Edenvale Gardens Regional Park west of Edenvale Avenue, and accepting the newly dedicated right-of-way into the City’s street system as Edenvale Court, and dedicating a public parking easement approximately 2.658 acres of an existing City-owned surface parking lot located at the southeastern corner of the Park. (b) Adopt a resolution authorizing a Major Encroachment Permit pursuant to San José Municipal Code Chapter 13.37 for private improvements to be located adjacent to 200 Edenvale Avenue. CEQA: Categorically Exempt, CEQA Guidelines Section 15301 Existing Facilities and 15305 Minor Alterations in Land Use Limitations, File No. PP18-098. Council District 2. (Public Works) RENUMBERED FROM ITEM 4.5 (18-1656) Attachments Memorandum (a) Ordinance (b) Resolution 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, David Sykes (Verbal Report) City of San José Page 17 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. 3.3 18-1636 Appeals Hearing Board Appointments. Recommendation: (a) Interview applicant for appointment to the Public Member Seats on the Appeals Hearing Board; (b) Appoint up to one (1) applicant to the Appeals Hearing Board for a term of January 1, 2019 through December 31, 2022; and (c) If any vacancy remains, direct the City Clerk to continue recruitment efforts and bring forward additional applicants for consideration within 90 days. CEQA: Not a Project, File No. PP17-010, City Organizational & Administrative Activities resulting in no changes to the physical environment. (City Clerk) Attachments Memorandum Application Conflict of Interest Review Code Enforcement Review 3.4 18-1637 Planning Commission Appointment. Recommendation: (a) Interview applicants for appointment to the Planning Commission; (b) Appoint one (1) applicant to the Planning Commission for a term ending June 30, 2022; and (c) If any vacancy remains, direct the City Clerk to continue recruitment efforts and bring forward additional applicants for consideration within 90 days. CEQA: Not a Project, File No. PP17-010, City Organizational & Administrative Activities resulting in no changes to the physical environment. (City Clerk) DEFERRED TO 1/8/19 PER RULES & OPEN GOVERNMENT COMMITTEE Attachments Memorandum Applications Conflict of Interest Review Code Enforcement Review City of San José Page 18 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 3.5 18-1639 Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2018. Recommendation: Accept the Fiscal Year 2017-2018 Comprehensive Annual Financial Report for the City of San José. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approval of any City action. (Finance) TO BE HEARD CONCURRENTLY WITH ITEM 9.1 (18-1649) Attachments Memorandum Attachment (CAFR Report) Presentation 3.6 18-1640 External Auditor’s Report: Report to Those Charged with Governance for the Year Ended June 30, 2018. Recommendation: Accept the Report to Those Charged with Governance for the year ended June 30, 2018 as issued by Macias Gini & O’Connell LLP, the City’s external auditor. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approval of any City action. (Finance) Attachments Memorandum Presentation 3.7 18-1641 Comprehensive Annual Debt Report for Fiscal Year Ended June 30, 2018. Recommendation: Accept the Comprehensive Annual Debt Report for the City of San José for Fiscal Year 2017-2018. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approval of any City action. (Finance) Attachments Memorandum FY 2017-18 CADR Presentation 4. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 19 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 4.1 18-1642 Team San José Performance 2017-18. Recommendation: As recommended by the Community and Economic Development Committee on November 26, 2018, accept the audit of Team San José Performance 2017-2018, and approve the theater occupancy target for fiscal year 2018-19. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Auditor) [Community and Economic Development Committee referral 11/26/18 - Item (d)5.] Attachments Memorandum Supplemental Memorandum, 11/30/2018 City of San José Page 20 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 4.2 18-1596 Actions Related to the Tenant Protection Ordinance: Inclusion of Duplexes, Amendments to Criminal Activity, Domestic Violence, and Noticing Requirements. City of San José Page 21 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 Recommendation: (a) Council to accept one of the two following options: (1) Approve an ordinance amending Part 12 of Chapter 17.23 of Title 17 of the San José Municipal Code to include duplexes with an exemption for owner-occupied apartments. OR (2) Accept staff recommendation to not include duplexes under the Tenant Protection Ordinance. (b) Approve an Ordinance amending Part 12 of Chapter 17.23 of Title 17 of the San José Municipal Code to: (1) Add a provision to require the posting of a notice summarizing the requirements of the Tenant Protection Ordinance including prohibiting retaliation, harassment, and intimidation against tenants based upon their immigration status; (2) Add a provision to the criminal activity cause for eviction stating if the tenant is acquitted of the criminal charges which caused termination of tenancy are dismissed or reduced, the tenant is permitted to return to the apartment if the tenant household still resides in the apartment and consents to the return; (3) Add a provision that states that nothing in the Ordinance will abrogate the protections afforded to survivors of violence consistent the Civil Code Section 1161.3, as amended, and the violence against Violence Against Women Act, Public Law 103-322 as amended, and require a posting to include these rights; and (4) Add a provision to require a statement in the Notice of Termination that it is served in good faith and include a reference to the Rent Stabilization Program for referral information (including homeless prevention). (c) If an amendment is approved to include duplexes, then adopt a resolution amending the 2018-2019 Schedule of Fees and Charges (Resolution No. 72737, as amended) to extend the Non-Rent Controlled Apartment Unit Fee to Duplexes effective January 18, 2019, in the amount of $2.65, prorated from the annual Non-Rent Controlled Apartment Unit Fee in the amount of $6.20. (d) If an amendment is approved to include duplexes, then adopt the following Fiscal Year 2018-2019 Appropriation Ordinance and Funding Sources Resolution Amendments in the Multi-Source Housing Fund: (1) Increase the Fees, Rates and Charges estimate by $25,313; and (2) Increase the Non-Personal/Equipment appropriation to the Housing Department by $25,313. CEQA: Not a Project, File No. PP17- 008, General Procedure & Policy Making resulting in no changes to the physical environment. (Housing) City of San José Page 22 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 TO BE HEARD AFTER ITEM 4.6 (18-1659) BUT NOT TO BE HEARD BEFORE 3:30 P.M. Attachments Memorandum from Staff Resolution Presentation (a) Ordinance (b) Ordinance Memorandum from Diep, Davis, Nguyen, Khamis, 12/05/2018 Memorandum from City Attorney, 12/7/2018 Memorandum from Rocha, 12/10/18 Memorandum from Jimenez, 12/11/18 Letters from the Public 1 Letters from the Public 2 Letters from the Public 3 Letters from the Public 4 4.3 18-1597 Direction on the Creation of a Source of Income Ordinance and Rental Subsidy Program Improvements. Recommendation: (a) Accept the staff report. (b) Direct the City Attorney’s Office to develop a source of income ordinance including, but not limited to, staff's recommended provisions on the definition of source of income, prohibited activities, applicability, and enforcement. (c) Direct the Housing Department to implement an education and outreach plan in coordination with Santa Clara County Housing Authority and other rental subsidy partners that considers process improvements and incentives to increase the use of rental subsidy programs. CEQA: Not a Project, File No. PP17-008, General Procedure & Policy Making resulting in no changes to the physical environment. (Housing) Attachments Memorandum Supplemental Memorandum, 12/6/2018 Presentation Memorandum from Diep, 12/7/2018 Memorandum from Liccardo, Carrasco, Jones, Rocha, 12/7/2018 Letters from the Public City of San José Page 23 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 4.4 18-1645 Actions Related to the 7802- Bollinger Rd- Blaney Ave Sanitary Sewer Improvement Project. Recommendation: (a) Report on bids and award of contract for the 7802- Bollinger Rd- Blaney Ave Sanitary Sewer Improvement to the low bidder, Pacific Underground Construction, Inc., for the base bid and Add Alternate No. 1, in the amount of $7,995,801 and approve a contingency in the amount of $799,580. (b) Adopt the following 2018-2019 Appropriation Ordinance amendments in the Sewer Service and Use Charge Capital Improvement Fund: (1) Decrease the Unrestricted Ending Funding Balance in the amount of $1,200,000; (2) Increase the Bollinger Road - Moorpark Avenue - Williams Road Sanitary Sewer Improvements appropriation to the Public Works Department in the amount of $1,200,000. CEQA: Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (EIR) (Resolution No. 76041), Envision San José 2040 General Plan Supplemental EIR (Resolution No. 77617), and Addenda thereto; and does not involve new signficant impacts beyond those analyzed in the above EIRs. File No. PP12-076; PP13-070. Council District 1. (Public Works/City Manager) Attachments Memorandum City of San José Page 24 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 4.5 18-1656 Ordinance Dedicating Public Right-of-Way and Public Parking Easement and Major Encroachment Located at 200 Edenvale Avenue. Recommendation: (a) Approve an ordinance dedicating as public right-of-way approximately 26,610 square feet of a City-owned drive aisle located on the south boundary of Edenvale Gardens Regional Park west of Edenvale Avenue, and accepting the newly dedicated right-of-way into the City’s street system as Edenvale Court, and dedicating a public parking easement approximately 2.658 acres of an existing City-owned surface parking lot located at the southeastern corner of the Park. (b) Adopt a resolution authorizing a Major Encroachment Permit pursuant to San José Municipal Code Chapter 13.37 for private improvements to be located adjacent to 200 Edenvale Avenue. CEQA: CEQA: Categorically Exempt, CEQA Guidelines Section 15301 Existing Facilities and 15305 Minor Alterations in Land Use Limitations, File No. PP18-098. Council District 2. (Public Works) RENUMBERED TO ITEM 2.19 (18-1738) Attachments Memorandum (a) Ordinance (b) Resolution 4.6 18-1659 Commercial Linkage Fee. Recommendation: Discuss and take action on a Regional Commercial Linkage Fee as a legislative priority of the City, as previously discussed by the City Council. CEQA: Not a Project, File No. PP17-008, General Procedure & Policy Making resulting in no changes to the physical environment. (Mayor) [9/11/2018 Item 4.1] Attachments Memorandum Supplemental Memorandum, 12/7/2018 Memorandum from Carrasco, Jimenez, Peralez, Rocha, 12/7/2018 Memorandum from Jones and Diep, 12/7/2018 Memorandum from Arenas, 12/11/2018 Letter from Housing and Community Development Commission Letters from the Public City of San José Page 25 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 4.7 18-1658 Temporary Use of Properties for Homeless Emergency Assistance Program. - DROP Recommendation: (a) Direct the Housing Department and the Office of Economic Development to approach Google about allowing the temporary use of one or more of their recently purchased properties for the purposes of creating additional shelter beds within San José. (b) Recommend the following parameters to guide the negotiations with Google: (1) Temporary use should be for no less than two years; (2) Shelter should be year-round; (3) Leasing of property from Google should be negotiated at the least possible cost to the City; (4) Google's agreement to lease property to the City will not count towards their anticipated community benefit contributions; (5) There should be a definitive end date for use of property, and the City should lead the closure. CEQA: Not a Project, File No. PP17-008, General Procedure & Policy Making resulting in no changes to the physical environment. (Jimenez) DROP Attachments Memorandum from Jimenez 4.3(b), 11/26/2018 5. NEIGHBORHOOD SERVICES 5.1 18-1646 Active Transportation Program Grant Application for the Five Wounds Trail Project. Recommendation: Adopt a resolution to: (a) Retroactively approve staff’s submission of a grant application in the amount of $33,610,000 to the State of California via the Active Transportation Program; and (b) Identify the City Manager or his designee as the authorized representative to negotiate and execute an Active Transportation Program grant agreement for the Five Wounds Trail project. 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. Council Districts 3 & 7. (Parks, Recreation and Neighborhood Services) Attachments Memorandum Resolution City of San José Page 26 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 5.2 18-1647 Actions Related to the Landmark Site Selection for the San José Light Tower. Recommendation: (a) Accept Guadalupe River Park at Arena Green as the highest-ranking location from the site selection analysis completed for the San José Light Tower Corporation in coordination with the Department of Parks, Recreation and Neighborhood Services, Public Works, and Office of Economic Development/Office of Cultural Affairs. (b) Endorse the San José Light Tower Corporation’s plan to proceed with an International Ideas Competition to solicit concepts for a world-class iconic landmark at Guadalupe River Park Arena Green. CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. Council District 3. (Parks, Recreation and Neighborhood Services) RECOMMEND DEFERRAL TO 1/29/19 PER ADMINISTRATION Attachments Memorandum Letters from the Public 6. TRANSPORTATION & AVIATION SERVICES 7. ENVIRONMENTAL & UTILITY SERVICES City of San José Page 27 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 7.1 18-1648 Amendment to Title 17 of the San José Municipal Code for the Energy and Water Building Performance Ordinance. Recommendation: (a) Approve an ordinance amending the San José Municipal Code to add Chapter 17.85, the Energy and Water Building Performance Ordinance for existing commercial and multifamily buildings and amending section 1.08.020 to make technical and clerical corrections and add violations of Chapter 17.85 to the list of infractions; and (b) Adopt a resolution amending the Administrative Citation Schedule of Fines to add fines for certain violations of the San José Municipal Code related to the regulation of the Energy and Water Building Performance Ordinance and repealing Resolution No. 78478. CEQA: Statutorily Exempt, CEQA Guidelines Section 15061(b) (3), Review for Exemption and Section 15300.1 Relation to Ministerial Projects, File No. PP18-088. (Environmental Services) Attachments Memorandum Supplemental Memorandum, 12/6/2018 Presentation Memorandum from Liccardo, Jimenez, Peralez, Diep, 12/7/2018 Memorandum from Khamis, 12/10/18 Memorandum from Davis, 12/11/2018 (a) Ordinance (b) Resolution Letters from the Public City of San José Page 28 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 7.2 18-1679 Actions Related to Negotiations of Recycle Plus Residential Solid Waste Agreements. Recommendation: (a) Accept the staff report with the term sheets from Garden City Sanitation, GreenTeam of San José, and GreenWaste Recovery for future residential solid waste services; (b) Direct staff to develop agreements with Garden City Sanitation, GreenTeam of San José, and GreenWaste Recovery in accordance with the term sheets and return to Council in April 2019 with Recycle Plus agreements for residential solid waste services to begin July 1, 2019 and continue through June 30, 2036; (c) Direct staff to end negotiations with California Waste Solutions and issue a Request for Proposals to provide Recycle Plus services for single-family recyclables collection & processing in Service Districts A & C, with the same framework as future services in Service District B, for a contract term to begin July 1, 2021 through June 30, 2036; (d) Direct staff to exclude Junk Pickup services from future residential solid waste services and return to Council with an approach for delivering this service in the future; and (e) Direct staff to continue negotiations with GreenWaste Recovery for residential street sweeping services and return to Council with a recommendation. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment; and File No. PP17-007, Preliminary direction to staff and eventual action requires approval from decision-making body. (Environmental Services) [Deferred from 12/4/18 Item 7.1 (18-1607)] DEFERRED TO 12/18/18 PER RULES & OPEN GOVERNMENT COMMITTEE Attachments Memorandum City of San José Page 29 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 7.3 18-1680 Actions Related to Recycle Plus Residential Solid Waste Agreements and China’s Policy On Importing Recyclable Material. Recommendation: Adopt a resolution authorizing the City Manager to waive all or a portion of the contractor disincentives for not meeting the required diversion rates for calendar year 2018 if by March 1, 2019 the City Manager determines that the Recycle Plus contractors are unable to meet their required diversion rates because of China’s “National Sword” policy on the import of recyclable materials. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment; and File No. PP17-007, Preliminary direction to staff and eventual action requires approval from decision-making body. (Environmental Services) [Deferred from 12/4/18 Item 7.2 (18-1599)] DEFERRED TO 12/18/18 PER RULES & OPEN GOVERNMENT COMMITTEE Attachments Memorandum Resolution 7.4 18-1681 Actions Related to Implementing Living Wage Requirements for Recycle Plus Residential Garbage and Recycling Contracts Recommendation: (a) Accept the staff report on: (1) The proposed methodology to implement a Modified Living Wage for Recycle Plus Customer Service Representatives, Mechanics, and Materials Recovery Facility workers; and (2) The updated labor peace plans from Recycle Plus contractors. (b) Direct staff to negotiate the inclusion of a Modified Living Wage requirement, as approved by Council, in future residential garbage and recycling agreements for the Recycle Plus program. CEQA: Not a Project, File PP17-009, Staff Reports, Assessments, Annual Reports, and Informational memos that involve no approvals of any City action. (Environmental Services/Public Works) [Deferred from 12/4/18 Item 7.3 (18-1600)] DEFERRED TO 12/18/18 PER RULES & OPEN GOVERNMENT COMMITTEE Attachments Memorandum 8. PUBLIC SAFETY 9. REDEVELOPMENT – SUCCESSOR AGENCY City of San José Page 30 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 9.1 18-1649 Successor Agency to the Redevelopment Agency of the City of San José - Fiscal Year 2017-2018 Audited Financial Statements. Recommendation: Accept the Fiscal Year 2017-2018 Independent Auditor’s Reports and Basic Financial Statements for the Successor Agency to the Redevelopment Agency of the City of San José. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approval of any City action. (Finance/Successor Agency) TO BE HEARD CONCURRENTLY WITH ITEM 3.5 (18-1639) Attachments Memorandum Attachment Presentation 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, staff, or public requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately. OPEN GENERAL PLAN HEARING (FOURTH CYCLE) 10.1 Land Use on Consent Calendar City of San José Page 31 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 (a) 18-1719 C16-017 - Conforming Rezoning for Real Property Located at Camden Avenue. Recommendation: (a) Adopt a resolution approving an Addendum to the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), the Envision San José General Plan Supplemental Environmental Impact Report (Resolution No. 77617), and Addenda thereto, in accordance to the California Environmental Quality Act, as amended. (b) Consideration of an ordinance rezoning certain real property of an approximately 1.01-gross acre vacant site (APN: 567-26-014) located on the east side of Camden Avenue, between Malpas Drive and Canna Lane from the A Agricultural Zoning District to the R-2 Two-Family Residence Zoning District. (Kelsey Matt A et al, owner) CEQA: Addendum to the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No. 77617), and Addenda thereto; and does not involve new significant impacts beyond those analyzed in the above EIRs. Planning Commission recommends approval (5-0-2; Ballard and Griswold absent). (Planning, Building and Code Enforcement) C16-017 - Council District 10 NOT TO BE HEARD BEFORE 6:00 P.M. Attachments Memorandum (a) Resolution (b) Ordinance Presentation City of San José Page 32 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 (b) 18-1720 GP18-008 & C18-019 - General Plan Amendment: Land Use Designation and Conforming Rezoning for Real Property Located at 1131 Park Avenue and 15 and 17 Tillman Avenue. - DROP Recommendation: (a) Adopt a resolution approving the General Plan Amendment to change the Land Use Designation from Neighborhood/Community Commercial to Residential Neighborhood for 1131 Park Avenue; and Residential Neighborhood to Neighborhood/Community Commercial for 15 and 17 Tillman Avenue on a 0.25 gross-acre site. (b) Consideration of an ordinance of the City of San José rezoning an approximately 0.10 gross-acre portion of the 0.25 gross-acre site from CO Commercial Office Zoning District to R-1-8 Zoning District. (Delisle Frank R and Rite C Trustee, owner) CEQA: Categorically Exempt, CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations. Planning Commission recommends approval (7-0). (Planning, Building and Code Enforcement) GP18-008 & C18-019 - Citywide DROP - TO BE RENOTICED Attachments Memorandum (a) Resolution (b) Ordinance Presentation City of San José Page 33 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 (c) 18-1721 GPT18-003 - General Plan Text Amendment: Minor Revisions. Recommendation: (a) Consider the Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No.77617), and Addenda thereto. (b) Adopt a resolution modifying the Envision San José 2040 General Plan, including revisions to the Industrial Park land use designation to allow additional flexibility for commercial service uses within the Edenvale Development Policy area, clarifications related to design guidelines for Urban Villages, revisions to Policy IP-5.12 to update the parameters for qualifying affordable housing projects, updates to Appendix 5, and other minor grammatical and clarifying revisions. CEQA: Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No. 77617), and Addenda thereto; and does not involve new significant impacts beyond those analyzed in the above EIRs. Planning Commission recommends approval (7-0). (Planning, Building and Code Enforcement) GPT18-003 - Citywide NOT TO BE HEARD BEFORE 6:00 P.M. Attachments Memorandum Resolution Presentation City of San José Page 34 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 (d) 18-1722 GPT18-004 - General Plan Text Amendment: Housing Preservation and Rehabilitation. Recommendation: (a) Consider the Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No.77617), and Addenda thereto. (b) Adopt a resolution amending the Envision San José 2040 General Plan related to the protection of housing preservation and rehabilitation. CEQA: Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No. 77617), and Addenda thereto; and does not involve new significant impacts beyond those analyzed in the above EIRs. Planning Commission recommends approval (6-1; Griswold opposed) (Planning, Building and Code Enforcement) GPT18-004 - Citywide NOT TO BE HEARD BEFORE 6:00 P.M. Attachments Memorandum Resolution Presentation Letters from the public City of San José Page 35 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 (e) 18-1723 GPT16-010 - General Plan Text Amendment: Amendment to the Roosevelt Park, Little Portugal, Five Wounds and 24th and William Urban Village Plans, including revised Implementation Chapters and minor text modifications to each Urban Village Plan. Recommendation: (a) Consider the Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No.77617), and Addenda thereto. (b) Adopt a resolution approving the City-initiated General Plan Text Amendment to the Roosevelt Park Urban Village Plan. (c) Adopt a resolution approving the City-initiated General Plan Text Amendment to the Little Portugal Urban Village Plan. (d) Adopt a resolution approving the City-initiated General Plan Text Amendment to the Five Wounds Urban Village Plan. (e) Adopt a resolution approving the City-initiated General Plan Text Amendment to the 24th Street and William Street Urban Village Plan. CEQA: Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041), the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No.77617), and Addenda thereto; and does not involve new significant impacts beyond those analyzed in the above EIRs. Planning Commission recommends approval (7-0). (Planning, Building and Code Enforcement) GPT16-010 - Citywide NOT TO BE HEARD BEFORE 6:00 P.M. Attachments Memorandum Supplemental Memorandum, 12/4/2018 Presentation Attachment 1 (b) Resolution (c) Resolution (d) Resolution (e) Resolution Memorandum from Mayor Liccardo and Peralez, 11/30/2018 Memorandum from Carrasco, 12/3/2018 Letters from the Public letter from public City of San José Page 36 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 (f) 18-1724 HL18-001 & MA18-001 - Historic Landmark Nomination and Historical Property Contract for Edwin and Mary Wilcox House Located at 1300 Pine Ave. Recommendation: (a) Adopt a resolution designating the “Edwin and Mary Wilcox House” located at 1300 Pine Avenue as a City Landmark of special historic, architectural, aesthetic or engineering interest, or value of a historic nature; and (b) Adopt a resolution approving the Historical Property Contract (California Mills Act Contract) between the City of San José and property owners, Penelope and Stephen Thompson, for the “Edwin and Mary Wilcox House, located at 1300 Pine Avenue. (APN: 439-52-106), on the subject 0.81-gross acre site. CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resource Restoration/Rehabilitation. Historic Landmarks Commission recommends approval. (Planning, Building and Code Enforcement) HL18-001 & MA18-001 - Council District 6 NOT TO BE HEARD BEFORE 6:00 P.M. Attachments Memorandum (a) Resolution (b) Resolution Presentation CONTINUE GENERAL PLAN HEARING (FOURTH CYCLE) TO 12/18/18 10 Land Use - Regular Agenda City of San José Page 37 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 10.2 18-1727 GP18-001 - General Plan Amendment: Land Use Designation for Real Property Located at 4349 San Felipe Road. Recommendation: (a) Adopt a resolution adopting the 4349 San Felipe Road General Plan Amendment Negative Declaration, for which an Initial Study was prepared, all in accordance to the California Environmental Quality Act, as amended. (b) Adopt a resolution amending the Envision San José 2040 General Plan Land Use/Transportation Diagram land use designation from Rural Residential to Neighborhood Community Commercial, Rural Residential, and Open Space, Parklands and Habitat on a 1.0-gross acre site located on the west side of San Felipe Road, approximately 1,010 feet south of Delta Road (4349 San Felipe Road). (Vierra Douglas W and Nancy, owner) CEQA: Initial Study/Negative Declaration for 4349 San Felipe Road General Plan Amendment. Planning Commission recommends approval (4-3; Ballard, Marquez and Leyba opposed). (Planning, Building and Code Enforcement) GP18-001 - Council District 8 NOT TO BE HEARD BEFORE 6:00 P.M. Attachments Memorandum Presentation Memorandum from ARENAS, 12/03/2018 (a) Resolution (b) Resolution City of San José Page 38 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 10.3 18-1728 GP18-002 - General Plan Amendment: Land Use/Transportation Diagram for 550/570 Meridian Avenue and 460 Meridian Avenue. Recommendation: (a) Adopt a resolution adopting the Meridian Avenue General Plan Amendment Negative Declaration, for which an Initial Study was prepared, all in accordance to the California Environmental Quality Act, as amended. (b) Adopt a resolution amending the Envision San José 2040 General Plan/Transportation Diagram Land Use Designation for an approximately 11.56-gross acre site (550 and 570 Meridian Avenue) from Industrial Park to Combined Industrial/Commercial and adding 1.12 acres directly north located at the notheast corner of Meridian Avenue and Parkmoor Avenue (460 Meridian Avenue) from Industrial Park to Combined Industrial/Commercial, for a total of 12.68-gross acre site. (Green Valley Corporation, owner) CEQA: Initial Study/Negative Declaration for 550 Meridian Avenue General Plan Amendment. Planning Commission recommends approval (6-1; Commissioner Marquez opposed). (Planning, Building and Code Enforcement) GP18-002 - Council District 6 NOT TO BE HEARD BEFORE 6:00 P.M. Attachments Memorandum Presentation (a) Resolution (b) Resolution City of San José Page 39 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 10.4 18-1729 GP17-017 - General Plan Amendment: Land Use/Transportation Diagram for Property Located at 214, 214D, 205 Dupont Street; 226 and 275 McEvoy Street. Recommendation: (a) Adopt a resolution approving an Addendum to the Diridon Station Area Plan Final Program Environmental Impact Report (Resolution No. 77096), in accordance to the California Environmental Quality Act, as amended. (b) Adopt a resolution amending the Land Use/Transportation Diagram land use designation from Mixed Use Commercial to Transit Residential on a 4.25-gross acre site located at 214, 214D, and 205 Dupont Street, and 226 and 275 McEvoy Street. (Autumn LLC, owner) CEQA: Addendum to the Diridon Station Area Plan Final Program Environmental Impact Report (Resolution No. 77096) and the Envision San José 2040 General Plan Final Program Environmental Impact Report (Resolution No. 76041) and Supplemental Environmental Impact Report (Resolution No. 77617) and Addenda thereto; and does not involve new significant impacts beyond those analyzed in the above EIRs. (Planning, Building and Code Enforcement) GP17-017 - Council District 3 DEFERRED TO 12/18/18 PER ADMINISTRATION NOT TO BE HEARD BEFORE 6:00 P.M. City of San José Page 40 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 10.5 18-1730 GP18-004 - General Plan Amendment: Land Use/Transportation Diagram for Property Located at 3235 Union Avenue and 2223 Camden Avenue. Recommendation: (a) Adopt a resolution adopting the Campbell Union High School District General Plan Amendment Negative Declaration, for which an Initial Study was prepared, all in accordance to the California Environmental Quality Act, as amended. (b) Adopt a resolution amending the Land Use/Transportation Diagram land use designation from Public/Quasi-Public to Residential Neighborhood, Combined/Industrial Commercial, and Public/Quasi-Public on a 12.12-gross acre site located at 3235 Union Avenue and 2223 Camden Avenue (Campbell Unified School District, owner); OR Adopt a resolution amending the Land Use/Transportation Diagram land use designation from Public/Quasi-Public to Combined/Industrial Commercial and Public/Quasi-Public on a 12.12-gross acre site located at 3235 Union Avenue and 2223 Camden Avenue. (Campbell Unified School District, owner) CEQA: Initial Study Negative Declaration for Campbell Union High School District General Plan Amendment. Planning Commission recommends approval (4-1-2; Marquez opposed, Ballard and Griswold absent). (Planning, Building and Code Enforcement) GP18-004 - Council District 9 NOT TO BE HEARD BEFORE 6:00 P.M. TO BE HEARD IMMEDIATELY AFTER LAND USE CONSENT Attachments Memorandum Presentation Attachment (a) Resolution (b) Resolution 1 (b) Resolution 2 Memorandum from Liccardo Rocha Khamis Davis Jimenez, 11/30/2018 Memorandum from Liccardo, Rocha, Khamis, Davis, Jimenez, 11/30/2018 Letters from the Public 1 Letters from the Public 2 • Open Forum City of San José Page 41 Printed on 12/11/2018 City Council Amended Agenda December 11, 2018 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. • Adjournment City of San José Page 42 Printed on 12/11/2018 City Council Amended Agenda December 11, 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 43 Printed on 12/11/2018 City Council Amended Agenda December 11, 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 44 Printed on 12/11/2018