City Council
Regular MeetingSan Jose, CA · June 23, 2020
Agenda
City Council Meeting
Amended Agenda
Tuesday, June 23, 2020
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.
• Public Safety - Commitment to excellence in public safety by investing in neighborhood
partnerships as well as prevention, enforcement, and emergency preparedness services.
• 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.
• Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong
learning and opportunities to enjoy life.
• 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.
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 https://www.sanjose.legistar.com/Calendar.aspx. 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.
American Disability Act: To request an alternative format agenda under the Americans with
Disabilities Act for City-sponsored meetings, events or printer materials, please call (408)
535-1260 as soon as possible, but at least three business days before the meeting.
Accommodations: Any member of the public who needs accommodations should email the ADA
Coordinator at ADA@sanjoseca.gov or by calling (408) 535-8430. The ADA Coordinator will use
their best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for resolving
reasonable accommodation requests.
On occasion the City Council may consider agenda items out of order.
City Council Amended Agenda June 23, 2020
* COVID-19 NOTICE *
Consistent with the California Governor’s Executive Order No. N-29-20, Resolution No. 79485 from the
City of San José and the Santa Clara County Health Officer’s March 16, 2020 Shelter in Place Order, the
City Council meeting will not be physically open to the public and the City Council will be teleconferencing
from remote locations.
How to observe the Meeting (no public comment):
1) Cable Channel 26,
2) https://www.sanjoseca.gov/news-stories/watch-a-meeting, or
3) https://www.youtube.com/CityofSanJoseCalifornia
How to submit written Public Comment before the City Council Meeting:
1) Use the eComment tab located on the City Council Agenda page. eComments are also directly sent to
the iLegislate application used by City Council and staff.
2) By email to city.clerk@sanjoseca.gov by 12:00 p.m. the day of the meeting. Those emails will be
attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in
the subject line of your email.
How to submit written Public Comment during the City Council Meeting:
Email during the meeting to councilmeeting@sanjoseca.gov, identifying the Agenda Item Number in the
email subject line. Comments received will be included as a part of the meeting record but will not be read
aloud during the meeting.
How to provide spoken Public Comment during the City Council Meeting:
1) By phone (888) 475-4499. Webinar ID: 915 6205 3469 Click *9 to raise a hand to speak.
2) By online https://zoom.us/j/91562053469.
a.Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before
speaking. Using multiple devices can cause an audio feedback.
b. Enter an email address and name. The name will be visible online and will be used to notify you that it is
your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be
notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.
• Call to Order and Roll Call
City of San José Page 4 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
9:30 a.m.- Closed Session, Call to Order
1) By phone (888) 475-4499. Meeting ID is: 957 2717 1874, Click *9 to raise a hand to speak.
2) By online: https://zoom.us/j/95727171874?pwd=K0dHYlEyVkowMVk4bmxFL1U1ckdhZz09
CLOSED SESSION ONLY. For open session, please see [https://zoom.us/j/91562053469]
20-031 Closed Session Agenda
Attachments Closed Session Agenda
11:00 a.m.- Regular Session, Council Chambers, City Hall
6:00 p.m.- Evening Session
The previously scheduled evening session has been cancelled.
• Invocation (District 6)
Rev. Susan Overland, Center of Spiritual Living
• Pledge of Allegiance
• Orders of the Day
20-770 Letters from the Public.
Attachments Letters from the Public
Items recommended to be added, dropped, or deferred are usually approved under Orders of the
Day unless the Council directs otherwise.
* SEE NEW ITEM 3.10, " Extension of Proclamation of Local Emergency Related to COVID-19” TO BE
ADDED UNDER ORDERS OF THE DAY, REQUIRES A DETERMINATION BY A TWO-THIRDS
(2/3) VOTE OF THE MEMBERS OF THE COUNCIL PRESENT AT THE MEETING, OR, IF LESS
THAN TWO-THIRDS (2/3) OF THE MEMBERS OF THE COUNCIL ARE PRESENT AT THE
MEETING, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT THAT THERE IS A NEED
TO TAKE IMMEDIATE ACTION AND THE NEED TO TAKE ACTION AROSE AFTER RULES.
Consolidated Open Government and Ethics Resolution No. 77135, Section 2.3.2.1.F.1.b; Council’s Rules
of Conduct, Resolution No. 79367, Rule 3(d); Placement of Council Agenda Items After Rules, Resolution
No. 79485.
• Closed Session Report
1. CEREMONIAL ITEMS
2. CONSENT CALENDAR
City of San José Page 5 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
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.
20-718 Final Adoption of Ordinances.
Recommendation: (a) Ord No. 30431 - An Ordinance of the City of San José Amending
Section 24.12.300 of Chapter 24.12 of Title 24 (Technical Codes) of
the San José Municipal Code Related to the Reach Code Requirements
for Mixed Fuel Buildings to make Clerical Edits.
[Passed for Publication on 6/9/2020 - Item 2.10(c) (20-618)]
(b) Ord No. 30432 - An Ordinance of the City of San José Rezoning
Certain Real Property of Approximately 6.96-Gross Acres Situated on
the West Side of Lick Avenue, Approximately 470 Feet North of West
Alma Avenue (1197 Lick Avenue) from the A(PD) Planned
Development Zoning District to the R-M (PD) Planned Development
Zoning District.
[Passed for Publication on 6/9/2020 - Item 10.2(b) (20-602)]
2.3 Approval of Council Committee 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 6 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.7 20-675 Amendment to the Lease of Airport Premises with Jet Center Property
Services.
Recommendation: Approve a Third Amendment to Lease of Airport Premises with Jet
Center Property Services, LLC to extend the term for five years, from
July 1, 2020 through June 30, 2025, with annual revenue to the City of
approximately $195,492.
CEQA: Not a Project, PP17-003, Agreements/Contracts resulting in no
physical changes to the environment. (Airport)
Attachments Memorandum
Agreement
Letters from the Public
2.8 20-676 Amendments to Ground Lease and Operating Agreements for the Norman Y.
Mineta San José International Airport to Revise Ground Rent Appraisal
Provisions.
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and
execute amendments to ground lease and operating agreements at the
Norman Y. Mineta San José International Airport to:
(a) Revise ground rent appraisal adjustment provisions to streamline and
simplify appraisal processes going forward; and
(b) Address any appraisal-based rent adjustments that were not made in
accordance with the terms of any such ground lease and operating
agreements.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts
resulting in no physical changes to the environment. (Airport)
Attachments Memorandum
Letters from the Public
2.9 20-677 Amendment to Master Consultant Services Agreement with AECOM
Technical Services, Inc. for Airport On-Call Professional Consulting Services.
Recommendation: Approve a First Amendment to the Master Consultant Services
Agreement with AECOM Technical Services, Inc. for professional
consulting services, extending the term from June 30, 2020 to
December 31, 2021, with no change in maximum compensation.
CEQA: Not a Project, File No. PP17-002, Consultant services for
design, study, inspection, or other professional services with no
commitment to future action. (Airport)
Attachments Memorandum
Agreement
Letters from the Public
City of San José Page 7 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.10 20-678 Amendment to Master Consultant Services Agreement with M. Arthur
Gensler Jr. & Associates, Inc. for Airport On-Call Professional Consulting
Services.
Recommendation: Approve a First Amendment to the Master Consultant Services
Agreement with M. Arthur Gensler Jr. & Associates, Inc. for
professional consulting services, extending the term from June 30, 2020
to December 31, 2021, with no change in maximum compensation.
CEQA: Not a Project, File No. PP17-002, Consultant services for
design, study, inspection, or other professional services with no
commitment to future action. (Airport)
Attachments Memorandum
Agreement
Letters from the Public
2.11 20-679 Approve an Ordinance Amending the Police and Fire Department Retirement
Plan and the 1975 Federated Employees’ Retirement Plan Regarding
Repayment of Rehired Tier 1 Member Amortization Interest Costs. -
DEFERRED
Recommendation: Approve an ordinance amending Section 3.28.200 of Chapter 3.28 and
Section 3.36.410 of Chapter 3.36 of Title 3 of the San José Municipal
Code regarding Rehired Tier 1 Member Amortization Interest Costs to
clarify certain provisions of the Alternative Pension Reform Settlement
Framework Agreement with the City’s employee bargaining units.
CEQA: Not a Project, File No. PP17-008, General Procedure and
Policy Making resulting in no changes to the physical environment.
(City Manager)
DEFERRED TO 6/30/2020 PER ADMINISTRATION
2.12 20-706 California Community Choice Association Membership.
Recommendation: Adopt a resolution authorizing the Director of the Community Energy
Department to continue the City’s annual membership with the
California Community Choice Association for fiscal year 2020-2021 at a
cost not to exceed $500,000.
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. (Community Energy)
Attachments Memorandum
Resolution
City of San José Page 8 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.13 20-642 Annual Authorization for Workforce Innovation and Opportunity Act Program
and Projects for 2020-2021.
City of San José Page 9 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
Recommendation: Adopt an annual resolution authorizing the City Manager or his designee
to negotiate and execute the following agreements relating to the
Workforce Innovation and Opportunity Act (WIOA) Program and
projects:
(a) All contracts, amendments, agreements, leases, subleases, and
memorandums of understanding with contractors, consultants, vendors,
and partners providing services to the WIOA (formerly Workforce
Investment Act (WIA)) Program and workforce programs funded by
other sources, including, but not limited to novations or assignments,
case management contracts, and consultant contracts, for the period
July 1, 2020 to June 30, 2021 in accordance with procurement
procedures and requirements mandated by the State and Federal
governments for WIOA grant recipients and with established City
procurement procedures and requirements, that have been reviewed and
approved, as required, by the work2future Workforce Development
Board (work2future Board), so long as monies have been appropriated
and there is an unexpended and unencumbered balance of such
appropriation sufficient to pay the expenses of the agreement;
(b) All memorandums of understanding with Required and Additional
One Stop Partners for the period July 1, 2018 to June 30, 2022 in
accordance with Section 121 of the WIOA, including, but not limited to
memorandums of understanding with other workforce development
boards, regional memorandums of understanding, partnership
agreements, cost sharing agreements, regional consultant agreements,
and memorandums of understanding with cities and the unincorporated
area of Santa Clara County whose residents receive services from the
work2future One Stops, a partner of the America’s Job Center of
CaliforniaSM, so long as monies have been appropriated and there is an
unexpended and unencumbered balance of such appropriation sufficient
to pay the expenses, if any, of the agreement;
(c) All amendments to City Council approved agreements that have
been reviewed and approved, as required, by the work2future Board so
long as monies have been appropriated and there is an unexpended and
unencumbered balance of such appropriation sufficient to pay the
expenses of the agreement;
(d) All grant applications, grant agreements, sub grant agreements, and
any documents necessary to accept the grant for discretionary funding
applied for and approved by the work2future Board, for multi-year
periods so long as monies have been appropriated and there is an
unexpended and unencumbered balance of such appropriation sufficient
to pay the expenses of the agreement;
City of San José Page 10 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
(e) All Eligible Training Provider List, Youth Career Technical Training,
Youth Workshops, Adult Workshops, and Adult Cohort agreements,
and multiple scope agreements that combine two or more of the above
agreements that have been reviewed and approved, as required, by the
work2future Board, for the period from July 1, 2020 to June 30, 2021,
subject to annual appropriation of funds by the WDB;
(f) All agreements specified in sections (a) through (e) above with a
term end date beyond the fiscal year in which the contract begins (an
end date beyond June 30, 2021), so long as monies have been
appropriated and there is an unexpended and unencumbered balance of
such appropriation sufficient to pay the expenses of the agreement; and
(g) All agreements specified in sections (a) through (e) above that do not
involve a disbursement of funds (no fund agreement) with an end term
beyond the fiscal year in which the agreement begins (beyond June 30,
2021).
CEQA: Not a Project, File No. PP17 004, Government Funding
Mechanism, or Fiscal Activity with no commitment to a project which
may result in a potentially significant impact on the environment.
(Economic Development)
Attachments Memorandum
2.14 20-680 Amendment to the Sublease with Roem Development Corporation for Spartan
Keyes Neighborhood Action Center.
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and
execute:
(a) The Fifth Amendment to the Sublease for the Use of Real Property
for the Spartan Keyes Neighborhood Action Center between the City of
San José and Roem Development Corporation, allowing for continued
use of 2,256 square feet of commercial space for community gatherings
as well as office space for staff through June 30, 2025; and
(b) Two additional five-year options to extend the term, at the City’s
sole discretion.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
Council District 3. (Economic Development)
Attachments Memorandum
City of San José Page 11 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.15 20-643 Approval of Non-Profit Charitable Reuse Agreements with Goodwill of Silicon
Valley, The Salvation Army, and HOPE Services.
Recommendation: Approve charitable reuse agreements with Goodwill of Silicon Valley for
$249,323; The Salvation Army for $88,109; and HOPE Services for
$4,340, each with a term from July 1, 2020 through June 30, 2021.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Environmental Services)
Attachments Memorandum
Goodwill Agreement
Hope Agreement
Salvation Army Agreement
2.16 20-681 Set a Public Hearing for Fiscal Year 2020-2021 Sanitary Sewer Service and
Use Charge and Storm Sewer Service Charge Assessments.
Recommendation: Adopt a resolution to:
(a) Set a Public Hearing for Tuesday, August 4, 2020, at 1:30 p.m., or
as soon thereafter as the matter may be heard, in the City Council
Chambers or via teleconference should the City Council not meet
in-person, to approve the placement of the 2020-2021 annual Sanitary
Sewer Service and Use Charge and Storm Sewer Service Charge
assessments on the 2020-2021 Santa Clara County Secured Property
Tax Roll based upon the annual Sanitary Sewer Service and Use Charge
and Storm Sewer Service Charge reports of the Director of Finance;
(b) Direct the Director of Finance to file the Fiscal Year 2020-2021
annual Sanitary Sewer Service and Use Charge report with the City
Clerk on or before July 15, 2020 instead of July 5, 2020; and
(c) Direct the City Clerk to publish notice of the filing of the Director’s
reports, and the time and place of the Public Hearing.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities. (Finance)
Attachments Memorandum
Resolution
City of San José Page 12 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.17 20-682 Set a Public Hearing for Fiscal Year 2020-2021 Annual Residential Solid
Waste Collection Service Charges.
Recommendation: Adopt a resolution to:
(a) Set a Public Hearing for Tuesday, August 4, 2020, at 1:30 p.m., or
as soon thereafter as the matter may be heard, in the City Council
Chambers or via teleconference should the City Council not meet
in-person, to approve the placement of the 2020-2021 annual
Residential Solid Waste Collection Service Charges on the 2020-2021
Santa Clara County Secured Property Tax Roll based upon the annual
Residential Solid Waste Collection Service Charge report of the Director
of Finance; and
(b) Direct the City Clerk to publish notice of the filing of the Director’s
report, and the time and place of the Public Hearing.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities. (Finance)
Attachments Memorandum
Resolution
2.18 20-683 Tax Collection Agreement between the City of San José and the County of
Santa Clara for the San José Real Property Conveyance Tax and San José
Real Property Transfer Tax.
Recommendation: Approve the amended and restated agreement between the City of San
José and the County of Santa Clara providing for the notification,
demand, collection, and distribution of taxes under the San José Real
Property Conveyance Tax Ordinance and San José Real Property
Transfer Tax Ordinance.
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
City of San José Page 13 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.19 20-644 Actions Related to the Purchase Order for Hazardous Waste Pickup/Disposal
Services, Equipment and Supplies.
Recommendation: Adopt a resolution authorizing the City Manager to:
(a) Execute a citywide purchase order with Environmental Logistics,
Inc. (Hayward, CA) for Hazardous Waste Pickup/Disposal Services,
Equipment and Supplies for an initial twelve-month period starting on or
about July 1, 2020 and ending on or about June 30, 2021, for an
amount not-to exceed $550,000; and
(b) Exercise up to four additional one-year options to extend the initial
term of the purchase orders with the last option year ending on or about
June 30, 2025, subject to the annual appropriation of funds.
CEQA: Categorically Exempt, File No. PP16-011, CEQA Guidelines
Section 15330, Minor Actions to Prevent, Minimize, Stabilize, Mitigate
or Eliminate the Release or Threat of Release of Hazardous Waste or
Hazardous Substances. (Finance)
Attachments Memorandum
2.20 20-684 Amendment to the Agreement with Arthur J. Gallagher and Co. Insurance
Brokers of California, Inc. for Brokerage Services.
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and
execute the Ninth Amendment to the Agreement with Arthur J.
Gallagher and Co. Insurance Brokers of California, Inc. for ongoing
insurance brokerage and property loss and loss control services to
amend the term by adding one twelve-month option to extend the term
for July 1, 2020 through June 30, 2021, for a not-to-exceed amount of
$105,000, for the extended term, with a total maximum compensation
not to exceed $736,000, 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
City of San José Page 14 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.21 20-685 Actions Related to COVID-19 Purchase Orders for Rental Services for City
Homeless Shelters.
Recommendation: (a) Ratify COVID-19 purchase orders issued to AAA Mobile Solutions,
Inc. (Visalia, CA) for shower/laundry trailer rental services for a total
not-to-exceed amount of $900,000 and to S. J. General Building
Maintenance, Inc. (San José, CA) for custodial services for a
not-to-exceed amount of $600,000, for a total cumulative compensation
not-to-exceed amount of $1,500,000 starting on or about March 20,
2020 and ending on or about June 20, 2020.
(b) Adopt a resolution authorizing the City Manager to execute change
orders to extend the term of the purchase orders through September 30,
2020 as required, 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
2.22 20-686 Actions Related to the Purchase Order with Golden State Fire Apparatus, Inc
for Purchase of Fire Apparatuses.
Recommendation: Adopt a resolution authorizing the City Manager to:
(a) Execute a purchase order with Golden State Fire Apparatus, Inc.
(Sacramento, CA) for the purchase of fire apparatuses under the pricing
obtained through the cooperative agreement between the
Houston-Galveston Area Council and Golden State Fire Apparatus for a
period starting on or about June 24, 2020 and ending on or about
November 30, 2021, for an amount not-to-exceed $4,367,704; and
(b) Approve a contingency of $436,770 for any unforeseen changes or
modifications to the design of the vehicles, 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
Resolution
City of San José Page 15 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.23 20-687 Amendment to Revenue Enhancement Service Agreements with
MuniServices, LLC.
Recommendation: Adopt a resolution authorizing the Director of Finance to negotiate and
execute amendments to the agreements with MuniServices LLC, dba
Avenu MuniServices, LLC, a Delaware Limited Liability Company to
extend:
(a) Sales and Use Tax revenue enhancement services and data analysis
and reporting services for one additional term of six (6) months, for the
period of July 1, 2020 through December 31, 2020, at a maximum
compensation for the extended term not to exceed $206,000, and a total
maximum compensation not to exceed $2,163,000 for the primary
services phase and data analysis and reporting phase of the agreement
(October 1, 2015 - December 31, 2020), subject to the appropriation of
funds, and to extend the completion services phase of the agreement an
additional six (6) months through December 31, 2023 at no additional
compensation; and
(b) Telephone Line Tax, Utility Users Tax and Franchise Fee
compliance services for one additional term of six months, for the
period of July 1, 2020 through December 31, 2020, at a maximum
compensation not to exceed $35,000 for the extended term, and a total
maximum compensation not to exceed $367,500 for the term of the
agreement (October 1, 2015 - December 31, 2020), 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
City of San José Page 16 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.24 20-708 Award of Grant Funds for Disaster Financial Assistance and Recovery and
Resiliency Planning Services for Neighborhoods Affected by the 2017 Coyote
Creek Flood.
Recommendation: Adopt a resolution authorizing the Director of Housing to negotiate and
execute agreements with Catholic Charities of Santa Clara County and
International Children Assistance Network to provide recovery and
resilience planning services to low-income people living in
neighborhoods affected by the 2017 Coyote Creek Flood, from July 1,
2020 through June 30, 2021 in the amount of $899,114 for each
agreement for a total not to exceed $1,798,228; and to execute one
six-month option to extend the term of the agreements through
December 31, 2021.
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 17 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.25 20-688 Authorization to Negotiate and Execute Parks, Recreation and Neighborhood
Services 2020-2021 Agreements.
City of San José Page 18 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
Recommendation: Adopt a resolution authorizing the following, subject to the
appropriation of funds by the City Council, and on such terms and
conditions as deemed appropriate by the City Manager:
(a) Authorize the City Manager to negotiate and execute all agreements,
amendments, and extensions to accept funds for the Department of
Parks, Recreation and Neighborhood Services identified in the
"Compensation Paid to the City of San José" (Attachment A to the staff
memorandum);
(b) Authorize the City Manager to accept any funds exceeding the
figures identified in Attachment A to the staff memorandum for the
specified programs and purposes identified as "Compensation Paid to
the City of San José," provided that the City Manager determines that
the City is able to provide the services and comply with any additional
requirements associated with the increased grant funds. The City
Manager shall also bring forward to City Council any items that require
approval for budgetary adjustments and appropriation actions necessary
for such programs; and
(c) Authorize the Director of Parks, Recreation and Neighborhood
Services to apply for, accept, negotiate and execute 2020-2021
agreements and amendments as identified in "Delegation of Contract
Authority to Department of Parks, Recreation and Neighborhood
Services Director" (Attachment B to the staff memorandum) consistent
with Adopted Budget amounts for the following City programs or
services:
(1) After School Education and Safety;
(2) BeautifySJ;
(a) Neighborhood Grant Program;
(b) Fiscal Agent Agreement;
(c) Transitional Jobs Program (San José Bridge);
(3) Bringing Everyone's Strengths Together Grants;
(4) Citywide Aquatics Program;
(5) Neighborhood Center Partner Program;
(6) County of Santa Clara Therapeutics Program;
(7) Family Camp Facility Use Agreements;
(8) First 5 of Santa Clara County;
(9) Franklin-McKinley Children’s Initiative;
(10) Friends of PRNS Non-Profit Organizations;
(11) Golf Course Agreements;
(12) Grant Revenue Agreements;
(13) Happy Hollow Park & Zoo:
(a) Education Programs;
City of San José Page 19 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
(b) Private Events;
(14) Leisure and Recreation Fee Class Vendor Agreements;
(15) Leisure and Recreation Program, and Training and Development
Facility Use Agreements;
(16) Little League Agreement(s);
(17) Mayor's Gang Prevention Task Force:
(a) Facility Use;
(b) Grantee, Grant Revenue, Evaluation, and related Sub-Contractor
Agreements, where applicable;
(c) Memoranda of Understanding;
(18) Mitigation Monitoring and Park Maintenance Support Services;
(19) Park Concessionaires Agreements;
(20) Recreation of City Kids Program;
(21) Right-of-Entry Agreements;
(22) Safe Summer Initiative Grants;
(23) Senior Health and Wellness Grants;
(24) Spartan Keyes Neighborhood Action Center Grant;
(25) Sponsorship Agreements;
(26) St. James / Urban Park Activation Grants; and
(27) Summer Food Service Program.
CEQA: BeautifySJ Grant Program: Categorically Exempt, File No.
PP17-039, CEQA Guidelines Section 15301, Existing Facilities; and All
Other Agreements: Not a Project, File No. PP17-003,
Agreements/Contracts (New or Amended) resulting in no physical
changes to the environment. (Parks, Recreation and Neighborhood
Services)
Attachments Memorandum
Resolution
2.26 20-709 Amendments to Master Agreements for Urban Village Master Plans and
Other Projects to Implement Envision San José 2040 General Plan.
Recommendation: Adopt a resolution authorizing the City Manager to increase the
maximum aggregate compensation to the Master Consulting Agreements
for Urban Village Master Plans and other City projects from $6,000,000
to $9,000,000, for the initial term ending November 2020 and the three
one-year options, subject to the appropriation of funds.
CEQA: Categorically Exempt, CEQA Guidelines Section 15262,
Feasibility and Planning Studies. (Planning, Building and Code
Enforcement)
Attachments Memorandum
Letters from the Public
City of San José Page 20 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.27 20-689 Request Authorization to Apply for the Local Early Action Planning Grant
Program.
Recommendation: Adopt a resolution authorizing the City Manager or designee to apply
for the Local Early Action Planning Grant administered by the
California Department of Housing and Community Development
(HCD); and, if awarded, authorizing the City Manager or designee to
accept grant funding from HCD to be used for various planning efforts
to facilitate housing production including an update to the Housing
Element of the Envision San José 2040 General Plan as required by
state law.
CEQA: Not a Project, File No. PP17-006, Grant Application and File
No. PP17-003, Agreements/Contracts (New or Amended) resulting in
no physical changes to the environment. (Planning, Building and Code
Enforcement)
Attachments Memorandum
Resolution
2.28 20-690 Amendment to the Master Agreement with Ten Over Studios, Inc. (CPMS
No. 9030-B) for Architectural Services for Various Essential City Facility
Projects.
Recommendation: Approve the First Amendment to the Master Agreement with Ten Over
Studios, Inc. for Architectural Services to increase the compensation
limit by $1,000,000, for a total Agreement amount not to exceed
$4,000,000, for the sole purpose of allowing the Consultant to complete
work on the new Fire Training Center and Emergency Operations
Center Relocation project.
CEQA: Not a Project, File No. PP17-003, Agreements / Contracts
resulting in no physical changes to the environment. (Public Works)
Attachments Memorandum
Agreement
City of San José Page 21 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.29 20-691 Actions Related to the Rule 20A and Rule 20B (In-Lieu Fee) Underground
Utility Program Including Approval of the Program Workplan and the Rule
20B (In Lieu Fee) Undergrounding Master Plan.
Recommendation: (a) Approve the proposed Fiscal Year 2019/20- 2024/25 Workplan for
the Rule 20A and Rule 20B (In-Lieu Fee) Underground Utility
Program.
(b) Approve the Fiscal Year 2018-2019 Rule 20B (In-Lieu Fee)
Undergrounding Master Plan.
CEQA: Not a Project, File No. PP 17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Public Works)
Attachments Memorandum
2.30 20-692 Report on Bids and Award of Construction Contract for the 6302 - Rule 20B
Underground District - Delmas/Park Project.
Recommendation: (a) Report on bids and award of construction contract for the 6302 -
Rule 20B Underground District - Delmas/Park ("Project") to the low
bidder, Lewis & Tibbitts, Inc., in the amount of $1,572,274, and
approve a contingency in the amount of $157,227.
(b) Approve an Agreement to Perform Tariff Schedule Related Work
with Pacific Gas and Electric Company (PG&E) in the total amount of
$457,908 for the engineering, administration, trench permits, and other
work to be performed by PG&E for the Project.
CEQA: Categorically Exempt, File No. PP16-106, CEQA Guidelines
Section 15302, Replacement or Reconstruction of Existing Facilities.
Council District 3. (Public Works)
Attachments Memorandum
Agreement
2.31 20-693 2020 Local Streets Minor ADA #5 Project Contingency Increase.
Recommendation: Approve increasing the contingency established for the 9490 - 2020
Local Streets Minor ADA #5 project, from 10 to 20 percent, thereby
increasing the total from $49,342 to $98,684, to pay for necessary
additional work.
CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines
Section 15301(c), Existing Facilities. Council Districts 2, 8 and 10.
(Transportation)
Attachments Memorandum
City of San José Page 22 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.32 20-694 San José Diridon Station Integrated Concept Plan.
Recommendation: Adopt a resolution authorizing the City Manager or designee to negotiate
and execute:
(a) A first amendment to the Cooperative Agreement with the Santa
Clara Valley Transportation Authority, Caltrain, and the California High
Speed Rail Authority related to the Diridon Integrated Station Concept
Plan to include the Metropolitan Transportation Commission as a
participating agency; and
(b) A funding agreement for this collective effort allowing the City to
contribute an 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.
Council Districts 3 and 6. (Transportation)
Attachments Memorandum
Letters from the Public
2.33 20-752 Approval of District 6 Community Outreach Funds for District 6 School.
Recommendation: As recommended by the Rules and Open Government Committee on
June 17, 2020, approve a $5,000 grant to the Willow Glen Education
Foundation, for support due to COVID-19 restrictions, they were
unable to host their largest fundraising this year, Tasting and Auction
2020.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. (Davis)
[Rules Committee referral 6/17/20 - Item G.2]
Attachments Memorandum
2.34 20-753 Approval of District 6 Community Outreach Funds for District 6 School.
Recommendation: As recommended by the Rules and Open Government Committee on
June 17, 2020, approve a $10,000 grant to the Hoover Middle School
PTSA, to build positive community for students, teachers and families
through such programs as campus beautification, teacher and staff
development, and extra-curricular activities for students.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. (Davis)
[Rules Committee referral 6/17/20 - Item G.3]
Attachments Memorandum
City of San José Page 23 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
2.35 20-754 Approval of District 6 Community Outreach Funds for District 6 School.
Recommendation: As recommended by the Rules and Open Government Committee on
June 17, 2020, approve a $5,000 grant to the Willow Glen Performing
Arts Boosters, for support due to COVID-19 restrictions, they were
unable to host their biggest fundraising this year, The Roaring 20’s
GALA.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. (Davis)
[Rules Committee referral 6/17/20 - Item G.4]
Attachments Memorandum
2.36 20-756 Agreement with San José Conservation Corps for Food Distribution
Workforce Support.
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and
execute an Agreement between the City of San José and San José
Conservation Corps, (San José, CA) to Provide Disaster Relief Support
for Limited Duration to provide food distribution workforce support to
the Second Harvest of Silicon Valley beginning June 23, 2020, and
ending on August 23, 2020, with a maximum compensation not to
exceed $1,137,784.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment. (City
Manager)
[Rules Committee referral 6/17/20 - Item A.1.a]
Attachments Memorandum
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, David Sykes (Verbal Report)
3.1 20-695 (a) City Manager’s COVID-19 Update (Verbal Report)
(b) City Manager’s Report on Other City Matters (Verbal Report)
TO BE HEARD BEFORE CONSENT CALENDAR
Attachments Presentation
Letters from the Public
3.2 Labor Negotiations Update.
City of San José Page 24 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
3.3 20-696 Approval of Various Budget Actions for Fiscal Year 2019-2020.
Recommendation: Adopt the 2019-2020 Appropriation Ordinance and Funding Sources
Resolution amendments in various funds as detailed in the General Fund
and Special/Capital Fund attachments to the memorandum to Council.
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)
TO BE HEARD BEFORE CONSENT CALENDAR
Attachments Memorandum
Supplemental Memorandum, 6/19/2020
Memorandum from Arenas, 6/23/2020
Letters from the Public
City of San José Page 25 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
3.4 20-697 Adoption of the Annual Appropriation Ordinance and Annual Funding Sources
Resolution for the Fiscal Year 2020-2021 Budget, and Resolution Establishing
the Fiscal Year 2020-2021 Appropriation Limit.
Recommendation: (a) Adopt the Annual Appropriation Ordinance, including transfers and
loans for Fiscal Year 2020-2021 and the Manager’s Final Budget
Addendum.
(b) Adopt the Annual Funding Sources Resolution for Fiscal Year
2020-2021 and the Manager’s Final Budget Addendum.
(c)Adopt a resolution taking the following actions with respect to the
City’s 2020-2021 “Gann Limit”:
(1) Elect the per capita income index as the inflation factor for 2020-
2021 on a provisional basis, with the option to adjust the Limit, if
necessary, once the non-residential assessment data is available from
the County Assessor;
(2) Elect the County of Santa Clara population growth index as the
population factor for 2020-2021; and
(3) Establish the Fiscal Year 2020-2021 Appropriation Limit at
$1,250,242,221 in compliance with Article XIIIB of the State
Constitution.
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)
TO BE HEARD BEFORE CONSENT CALENDAR
Attachments Memorandum (a)(b)
Memorandum (c)
(c) Resolution
3.5 20-698 Housing and Community Development Commission Real Property Transfer
Tax Community Oversight Committee.
Recommendation: Adopt a resolution designating the City’s Housing and Community
Development Commission as the Community Oversight Committee, as
outlined in the City’s Measure E Real Property Transfer Tax ballot
measure approved by the voters on March 3, 2020.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. (City Manager)
Attachments Memorandum
Resolution
City of San José Page 26 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
3.6 20-699 City of San José 2020 Tax and Revenue Anticipation Notes.
Recommendation: (a) Adopt a resolution:
(1) Authorizing the issuance and sale of the City of San José 2020
Tax and Revenue Anticipation Notes (the “2020 Notes”) in an aggregate
principal amount not to exceed $130,000,000 to be sold through private
placements; and
(2) Approving, in substantially final form, the Note Purchase
Agreements and authorizing the Director of Finance or other authorized
officers to execute the Note Purchase Agreements with Bank of
America, N.A., and U.S. Bank National Association and other related
documents, as necessary, in connection with the issuance of the 2020
Notes and authorizing other related actions in connection therewith.
(b) Adopt the following Appropriation Ordinance and Funding Sources
Resolution amendments in the General Fund for Fiscal Year 2020-2021:
(1) Increase the estimate for Other Revenue in the amount of
$130,000,000; and
(2) Increase the Citywide TRAN Debt Service appropriation to the
Finance Department in the amount of $130,000,000.
CEQA: Not a Project, File No. PPl7-004, 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. (Finance/City Manager)
TO BE HEARD BEFORE CONSENT CALENDAR
Attachments Memorandum
(a) Resolution
Note Purchase Agreement Bank of America, N.A.
Note Purchase Agreement U.S. Bank National Association
City of San José Page 27 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
3.7 20-700 Streamlining Public Easement Vacation Process.
Recommendation: Adopt a resolution:
(a) Establishing an administrative process of setting public hearings for
vacations; and
(b) Delegating to the Director of Public Works the authority to
summarily vacate public service easements pursuant to the Streets and
Highways Code.
CEQA: Not a Project, File No. PP17-008, General Procedures and
Policy Making resulting in no changes to the physical environment.
(Public Works)
Attachments Memorandum
Resolution
Letters from the Public
3.8 20-701 Annual Development In-Lieu Fee Report.
Recommendation: Adopt a resolution:
(a) Accepting the Fiscal Year 2018-2019 Annual Development In-Lieu
Fee Report regarding in-lieu fees collected by the City from developers
in lieu of construction of public improvements; and
(b) Making certain findings as required by Government Code Section
66001(d)(1).
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Public Works)
Attachments Memorandum
Resolution
City of San José Page 28 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
3.9 20-757 COVID-19 Digital Inclusion Expenditure Plan.
Recommendation: (a) Accept the staff report and approve a funding strategy for proposed
investment of Coronavirus Relief Funds in specific projects that provide
broadband services and connectivity devices for unconnected and
under-connected San José students and residents experiencing hardship
accessing distance learning and critical services due to the impacts of the
COVID-19 pandemic.
(b) Adopt a resolution authorizing the City Manager to negotiate and
execute an agreement with AT&T to provide connectivity to residents
impacted by COVID-19 for a limited duration for a one year term with
maximum compensation not to exceed $3,430,000.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Library)
[Rules Committee referral 6/17/20 - Item A.1.a]
Attachments Memorandum
Presentation
Memorandum from Mayor, 6/23/2020
Memorandum from Arenas, 6/23/2020
Letters from the Public
3.10 20-769 Extension of Proclamation of Local Emergency Related to COVID-19.
Recommendation: Adopt a resolution finding the continued existence of a local emergency
and extending the March 6, 2020 Director of Emergency Services’
proclamation of a local emergency resulting from community spread of
the coronavirus, also known as COVID-19 in the City of San José.
CEQA: Statutorily Exempt, CEQA Guidelines Section 15269,
Emergency Projects Undertaken for Specific Actions Necessary to
Prevent or Mitigate an Emergency. (City Manager)
Attachments Memorandum
Resolution
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
City of San José Page 29 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
5.1 20-702 Norman Y. Mineta San José International Airport Marketing Strategy and
Execution Consultant Services Agreements.
Recommendation: Adopt a resolution:
(a) Approving the final ranking of the respondents to the Marketing
Strategy and Execution Services RFQ; and
(b) Authorizing the City Manager to negotiate and execute up to five
Master Consultant Agreements with the five highest-ranked respondents
and with the next highest-ranked respondents, in order, in the event that
the City cannot reach agreement with any one or more of the five
highest-ranked proposers, in an amount not to exceed $9,600,000 for
each Agreement for a term of five years from the date of execution by
the City and for a total expenditure for all executed Master Consultant
Agreements not to exceed $9,600,000.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Airport)
Attachments Memorandum
Resolution
5.2 20-703 Amendment to the Design-Build Contract with Hensel Phelps Construction
Company for the Airport Economy Lot Parking Garage Project.
Recommendation: Adopt a resolution:
(a) Authorizing the Director of Public Works to negotiate and execute a
First Amendment to the Design-Build Contract with Hensel Phelps
Construction Company to increase the Contract Price by $4,704,390
for a total amount not to exceed $34,654,390 for the Airport Economy
Lot Parking Garage Project; and
(b) Authorizing the Director of Public Works to approve contract
changes, additions, and contingencies up to the full budget appropriation
of $42,628,000 for the Airport Economy Lot Parking Garage Project as
budgeted at the October 22, 2019 City Council meeting under
Resolution No. 79274.
CEQA: Determination of Consistency with the Final Environmental
Impact Report for the San José International Airport (Resolution Nos.
67380 and 71451) and Addenda thereto, File No. PP19-012.
(Airport/Public Works)
Attachments Memorandum
City of San José Page 30 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
5.3 20-704 Delegation of Authority to Award Pavement Construction Contracts.
Recommendation: Adopt a resolution authorizing the Director of Transportation to:
(a) Award and execute the 8547 - OBAG2 (North) San José Pavement
Maintenance Project, Federal Project No. STPL 5005(163), in a total
amount not to exceed $12,800,000 and establish a construction
contingency of up to 5% of the contract amount, not to exceed
$640,000; and
(b) Award and execute the 8549 - OBAG2 (South) San José Pavement
Maintenance Project, Federal Project No. STPL 5005(163), in a total
amount not to exceed $11,700,000 and establish a construction
contingency of up to 5% of the contract amount, not to exceed
$585,000; and
(c) Award and execute 9459 - 2020-2022 Local Streets Resurfacing
Project (Multi-Year), in a total amount during the initial term not to
exceed $10,000,000, establish a construction contingency of up to 10%
of the contract amount, not to exceed $1,000,000, and do the following
with regard to this contract:
(1) Exercise 2 separate options, with each option being for a period
of one year for a total amount not to exceed $10,000,000, contingent on
the appropriation of sufficient funds; and
(2) Establish a construction contingency for any option year of up to
10%, contingent on the appropriation of sufficient funds; and
(d) As to each of the above construction contracts, decide any timely
bid protest(s), make the City’s final determination as to the lowest
responsive bidder that is responsible, or reject all bids and rebid the
projects.
CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines
Section 15301(c), Existing Facilities. (Transportation)
Attachments Memorandum
Resolution
City of San José Page 31 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
5.4 20-705 Retroactive Approval of Suspended Parking Operations and Amendments to
Various Parking Agreements and Master Parking Rate Schedule.
Recommendation: (a) Retroactive Council approval of suspended parking operations which
provided for free daily parking within the City’s downtown public lots
and garages; and at on-street meters through June 30, 2020 and delegate
authority to the City Manager on specific timing to resume paid parking
operations.
(b) Adopt a resolution authorizing the City Manager to negotiate and
execute amendments to parking agreements with various downtown
businesses, government agencies, taxi companies, and car share vendor
to provide temporary financial relief which may include: (1) reduction or
waiving of monthly parking fees with repayment terms subject to
negotiations with a not to exceed value of 50% of the agreements
monthly value; (2) waiving of late fees; and (3) extending term length.
(c) Adopt a resolution to amend the Master Parking Rate Schedule
updating parking programs and rates which will support downtown
businesses through a recovery period and in a post COVID-19
environment.
(d) Direct Staff to review options and return to City Council with
recommendations on a potential parking citation delinquent fee amnesty
program.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
Council District 3. (Transportation)
Attachments Memorandum
(c) Resolution
Letters from the Public
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
City of San José Page 32 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
8.1 20-717 Extension of Eviction Moratorium, Report on Legislative Updates at State
and Federal Levels, and Rent Stabilization Program Outreach Efforts.
Recommendation: (a) Adopt a resolution extending the temporary moratorium to July 31,
2020 on evictions due to nonpayment of rent for residential tenants
where the failure to pay rent results from income loss resulting from
COVID-19.
(b) Accept the staff report providing a review of pending legislation
affecting the rental community in response to COVID-19.
(c) Accept the staff report providing an update for outreach and
education conducted by the Rent Stabilization Program.
(d) Accept the staff report providing an update on the convenings
facilitated by Silicon Valley at Home.
CEQA: Not a Project, File No. PP17-008, General Procedure and
Policy Making resulting in no changes to the physical environment.
(Housing)
Attachments Memorandum
Presentation
Supplemental Memorandum, 6/22/2020
(a) Resolution
Memorandum from Carrasco, 6/22/2020
Letters from the Public
9. REDEVELOPMENT – SUCCESSOR AGENCY
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.
10.1 Land Use on Consent Calendar
City of San José Page 33 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
(a) 20-710 C20-009 & CP20-011 - Conforming Rezoning and Conditional Use Permit for
the Doubletree Hotel located at 2050 Gateway Place.
Recommendation: (a) Approve an ordinance rezoning certain real property from the A(PD)
Planned Development Zoning District to the IP Industrial Park Zoning
District on an approximately 12.41-gross acre site.
(b) Adopt a resolution approving, subject to conditions, a Conditional
Use Permit to allow an existing hotel to increase the number of guest
rooms from 505 to 515 through the conversion of meeting rooms and
presidential suites located on the northwest corner of Gateway Place
and Airport Parkway (2050 Gateway Place).
CEQA: Categorically Exempt, CEQA Guidelines to Section 15301(a)
for Existing Facilities. C20-009 & CP20-011, Director of Planning,
Building and Code Enforcement recommends approval. Council District
3. (Planning, Building and Code Enforcement)
Attachments Memorandum
(a) Ordinance
(b) Resolution
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
City of San José Page 34 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
10.2 20-711 PDC18-016 & PD19-011 - Planned Development Rezoning and a Planned
Development Permit for Real Property located on the west side of Meridian
Avenue, approximately 290 feet northerly of West San Carlos Street (259
Meridian Avenue; APN: 274-14-152).
Recommendation: (a) Adopt a resolution adopting the 259 Meridian Avenue Residential
Mixed-Use Development Mitigated Negative Declaration and associated
Mitigation Monitoring and Reporting Plan (MMRP), in accordance with
the California Environmental Quality Act (CEQA).
(b) Approve an ordinance rezoning the approximately 1.39-gross acre
site located on the west side of Meridian Avenue, approximately 290
feet northerly of West San Carlos Street (259 Meridian Avenue), from
the R-2 Two-Family Residence and the CO Commercial Office Zoning
Districts to the CP(PD) Planned Development Zoning District.
(c) Adopt a resolution approving, subject to conditions and with the
deletion of condition of approval number 36.m.iv related to an
emergency access driveway, a Planned Development Permit to allow
the demolition of three existing buildings totaling approximately 19,000
square feet and the construction of a four to seven-story mixed-use
building with up to 226 residential units, up to a 45 percent parking
reduction with Transportation Demand Management measures, and
approximately 1,400 square feet of ground-floor commercial square feet
on an approximately 1.39 gross acre site.
CEQA: 259 Meridian Mixed Use Project Mitigated Negative
Declaration, PDC18-016 & PD19-011, Planning Commission
recommends approval (6-0-0). Council District 6. (Planning, Building
and Code Enforcement)
Attachments Memorandum
Presentation
(a) Resolution
(b) Ordinance
(c) Resolution
Letters from the Public
• Open Forum
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 35 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
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 36 Printed on 6/23/2020
City Council Amended Agenda June 23, 2020
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 37 Printed on 6/23/2020