City Council

City Council Meeting Amended Agenda Tuesday, March 5, 2019 SAM LICCARDO, MAYOR CHAPPIE JONES, VICE MAYOR, DISTRICT 1 SERGIO JIMENEZ, DISTRICT 2 RAUL PERALEZ, DISTRICT 3 LAN DIEP, DISTRICT 4 MAGDALENA CARRASCO, DISTRICT 5 DEV DAVIS, DISTRICT 6 MAYA ESPARZA, DISTRICT 7 SYLVIA ARENAS, DISTRICT 8 PAM FOLEY, 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. The City Council, or less than a quorum, may adjourn any regular, special or adjourned meeting to a later date, time and place specified in the order of adjournment. If all members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to seeing you at future meetings. Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at 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 March 5, 2019 • Call to Order and Roll Call 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 18-1775 Closed Session Agenda Attachments Closed Session Agenda 1:30 p.m.- Regular Session, Council Chambers, City Hall • Invocation (District 3) Reverend Fannie Davis from Antioch Baptist Church • Pledge of Allegiance • Orders of the Day Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise. • Closed Session Report 1. CEREMONIAL ITEMS 1.1 Presentation of a Check to the City of San José from Kaiser Permanente. (Khamis) 1.2 Proclaim March as Women’s History Month. (Arenas) 1.3 Proclaim March 6, 2019 as World Lymphedema Day. (Davis) 2. CONSENT CALENDAR 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. City of San José Page 4 Printed on 3/6/2019 City Council Amended Agenda March 5, 2019 2.2 Final Adoption of Ordinances. 2.3 Approval of Council Committee Minutes. 19-024 Approval of Council Committee Minutes. Recommendation: (a) Regular Public Safety, Finance and Strategic Committee Meeting Minutes of June 21, 2018. (b) Regular Public Safety, Finance and Strategic Committee Meeting Minutes of August 16, 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 (a) PSFSS June 21, 2018 Minutes (b) PSFSS August 16, 2018 Minutes 2.4 Mayor and Council Excused Absence Requests. 19-025 Mayor and Council Excused Absence Requests. Recommendation: (a) Request for an excused absence for Councilmember Esparza, from the Regular Meeting of the Transportation and Environment Committee on February 4, 2019, due to illness. (b) Request for an excused absence for Councilmember Davis, from the Regular Meeting of City Council on February 26, 2019, due to illness. CEQA: Not a Project, File No. PP17-010, City Organizational & Administrative Activities resulting in no changes to the physical environment. (Esparza/Davis) Attachments Memorandum from Esparza Memorandum from Davis 2.5 City Council Travel Reports. 2.6 Report from the Council Liaison to the Retirement Boards. City of San José Page 5 Printed on 3/6/2019 City Council Amended Agenda March 5, 2019 2.7 19-012 Amendment to Agreement with Hanson Bridgett LLP for Legal Services. Recommendation: Adopt a resolution authorizing the City Attorney to negotiate and execute a Third Amendment to the agreement with Hanson Bridgett LLP for legal services related to Preservation of Benefit Plan Retirees Association, et al v. City of San José, et al, to increase the compensation by $300,000, for a total amount not to exceed $700,000, and extend the term of the agreement through June 30, 2020. 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 2.8 19-020 Grant Application for County of Santa Clara’s Historical Grant Program for Chiechi House Restoration Project Located at History Park. Recommendation: Adopt a resolution approving History San José’s application (in partnership with La Raza Historical Society of Santa Clara Valley) to the County of Santa Clara’s Historical Grant Program for a restoration project at the Chiechi House in History Park. CEQA: Categorically Exempt, File No. PP18-097, CEQA Guidelines Section 15301 (a) Existing Facilities and Section 15331, Historical Resource Restoration/Rehabilitation. Council District 7. (Economic Development) Attachments Memorandum Resolution 2.9 19-021 Grant Application for County of Santa Clara’s Historical Grant Program for Peralta Adobe Restoration Project. Recommendation: Adopt a resolution approving History San José's application to the County of Santa Clara's Historical Grant Program for the restoration of the Peralta Adobe. CEQA: Categorically Exempt, File No. PP19-017, CEQA Guidelines Section 15301(a) Existing Facilities and Section 15331, Historical Resources Restoration/Rehabilitation. (Economic Development) Attachments Memorandum Resolution City of San José Page 6 Printed on 3/6/2019 City Council Amended Agenda March 5, 2019 2.10 19-032 Amendment to the Agreement with Fairbank, Maslin, Maullin, Metz & Associates, Inc. for Consultant Services. Recommendation: Adopt a resolution authorizing the City Manager to execute the Continuation and First Amendment to the Agreement for Consultant Services between the City of San José and Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) through December 31, 2020 and an increase in compensation of up to $381,500 for a total amount not to exceed $1,000,000. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Manager) [Deferred from 2/26/19 - Item 2.11 (18-1932)] Attachments Memorandum Agreement 2.11 19-057 Request for Travel for Mayor and Council. Recommendation: (a) Authorize travel, accept travel payments to the City of San José, and designate mayor Sam Liccardo as the City representative to speak at the SXSW (South by Southwest) Conference in Austin, TX from March 8-10, 2019. (b) Approve travel for Vice Mayor Chappie Jones to Washington, D.C. from March 9, 2019 to March 11, 2019, designate him as the City’s representative at the National League of Cities Congressional City Conference, and approve use of the Mayor/Council Travel Budget. CEQA: Not a Project, File No. PP17-010, City Organizational & Administrative Activities resulting in no changes to the physical environment. (Mayor/Jones) Attachments Memorandum from Mayor Memorandum from Jones 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, David Sykes (Verbal Report) 3.2 Labor Negotiations Update. City of San José Page 7 Printed on 3/6/2019 City Council Amended Agenda March 5, 2019 3.3 19-022 Council Priority Setting. Recommendation: (a) Approve the following elements of the priority-setting session: (1) Remove the following priorities from the priority list as complete: (a) Priority #1, Update the City’s Rental Rights and Referrals Program (b) Priority #4, Housing Rehabilitation Program (c) Priority #10, Personal Care Business Compliance Initiative (d) Priority #25, Downtown Active Storefronts Initiative (e) Priority #27, Medical Marijuana. (2) Remove the following priorities from the priority list and add them to the nominations list: (a) Priority #23, Spurring High Density Development Along Transit Corridors (b) Priority #24, Riparian Corridors and Bird Safe Design (c) Priority #26, San José is Open for Business/Legal Non-Conforming Uses. (3) Approve staff’s proposed priority setting nomination list. (b) Approve new items for the Council Priority List. (c) Rank items on the Council Priority list. 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 Manager) Attachments Memorandum Council Policy Prioritization Process – Round 1 Votes Council Policy Prioritization Process – Round 2 Votes Presentation Supplemental Memorandum, 3/4/2019 Supplemental Memorandum, 3/1/2019 Council Nominations Memorandum from Peralez, 3/4/2019 Replacement Memorandum from Carrasco, 3/4/2019 Memorandum from Jones, 3/4/2019 Memorandum from Arenas, 3/5/2019 Replacement Memo from Davis, 3/5/2019 Letters from Asm. Kalra, 3/5/2019 Letters from Commissions Letters from the Public City of San José Page 8 Printed on 3/6/2019 City Council Amended Agenda March 5, 2019 3.4 18-1928 Ordinance Modifying the Deadlines for Calculating and Approving the Cost of Living Adjustment to the Campaign Contribution Limit to Accommodate the March 3, 2020 Statewide Primary Election. Recommendation: Approve an ordinance amending San José Municipal Code Section 12.06.210 of Chapter 12.06 of Title 12 to make technical changes to the deadlines for calculating and approving a cost of living adjustment to the City’s campaign contribution limit in response to California moving its statewide primary election to March of even-numbered years. CEQA: Not a Project, File No. PP17-010, City Organization & Administrative Activities resulting in no change to the physical environment. (City Clerk) Attachments Memorandum Ordinance 4. COMMUNITY & ECONOMIC DEVELOPMENT 5. NEIGHBORHOOD SERVICES 6. TRANSPORTATION & AVIATION SERVICES 6.1 19-023 Actions Related to Award of Construction Contract for 2019 Major Streets Concrete and ADA Ramps Project #2. Recommendation: (a) Approve award of a construction contract for the 2019 Major Streets Concrete & ADA Ramps Project #2, to the low bidder, Spencon Construction, Inc. in the amount of $1,869,250. (b) Approve a ten percent contingency in the amount of $186,925. CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines Section 15301(c), Existing Facilities. Council Districts 2, 7, 8, 9, & 10. (Transportation) Attachments Memorandum 7. ENVIRONMENTAL & UTILITY SERVICES 8. PUBLIC SAFETY 9. REDEVELOPMENT – SUCCESSOR AGENCY 10. LAND USE • Open Forum City of San José Page 9 Printed on 3/6/2019 City Council Amended Agenda March 5, 2019 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 10 Printed on 3/6/2019 City Council Amended Agenda March 5, 2019 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 11 Printed on 3/6/2019 City Council Amended Agenda March 5, 2019 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. Speakers using a translator will be given twice the time allotted to ensure non-English speakers receive the same opportunity to directly address the Council, Committee, Board or Commission. c) Speakers should discuss 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 12 Printed on 3/6/2019