City Council
Regular MeetingSan Jose, CA · October 20, 2020
Agenda
City Council Meeting
Amended Agenda
Tuesday, October 20, 2020
1:30 PM
Virtual Meeting https://sanjoseca.zoom.us/j/91325378626
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 October 20, 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 10:00 a.m. the day of the meeting. Those emails will be
attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in
the subject line of your email.
How to submit written Public Comment during the City Council Meeting:
1) 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 is 913 2537 8626. Click *9 to raise a hand to speak. Click *6
to unmute when called.
Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll
Free)
2) Online at: https://sanjoseca.zoom.us/j/91325378626
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.
City of San José Page 4 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
For Closed Captions, please visit the City’s YouTube channel:
https://www.youtube.com/CityofSanJoseCalifornia, or website livestream
https://www.sanjoseca.gov/news-stories/watch-a-meeting.
Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.”
Click the language you would like to hear.
Thông dịch có sẵn bằng tiếng Tây Ban Nha và tiếng Việt. Trong các điều khiển hội thảo trên web của bạn,
hãy chọn “Interpretation” (Phiên dịch).
Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione
"Interpretation" (Interpretación).
• Call to Order and Roll Call
9:30 a.m. - Closed Session, Call to Order
20-1246 Closed Session Agenda
Attachments Closed Session Agenda
1:30 p.m. - Regular Session
6:00 p.m. - Evening Session - CANCELLED
The previously scheduled Evening Session has been cancelled.
• Pledge of Allegiance
• Invocation (District 9)
Sterling Hawkins
• Orders of the Day
To be heard after Ceremonial Items
Pursuant to Rules and Open Government Committee action, for today’s meeting, Councilmember
comments are limited to 15 minutes per item per councilmember.
Items recommended to be added, dropped, or deferred are usually approved under Orders of the
Day unless the Council directs otherwise.
City of San José Page 5 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
• Adjournment
Charlotte Elizabeth Bruce Powers was born on October 12, 1937, in Santa Maria California. In 1958, she
graduated from the University of California, Santa Barbara. That same year, she married her husband, the
late Jack Powers. In 1963, she moved to San José, California, and began her 30-year tenure with the
Cupertino Union School District and Board of Education.
Charlotte was passionate about women’s rights and firmly believed that women belong in politics. She
began her 57-year career as a civic leader in 1970--serving on the National Women’s Political Caucus
Board, the San José City Council as a representative of District 2 from 1993 to 2000, the San
José-Evergreen Community College District Board, the Valley Transportation Authority Board, as well as a
member of the Joint Powers Authority.
Charlotte always saw the best in everyone—and fought for the rights of the underrepresented and
underserved. She was a champion for improving the stature of women in society, and arts in the community.
She believed everyone in San Jose was deserving of opportunity and respect—regardless of economic
status, gender, race, or religion. She committed herself to the betterment of all residents of San José.
Even when out of the public eye, Charlotte dedicated her life to others. She would provide shelter,
education, and mentoring to young homeless people—going above and beyond to help them achieve their
educational goals. She would make weekly trips to Stipe Elementary School to read books to students, and
taught students the constitution through the We the People organization.
Even as Parkinson’s took its toll on her body, Charlotte continued helping and mentoring homeless women
by volunteering daily at the Lifted Spirits Drop-in Center, as well as serving as an Elder at the 1st
Presbyterian Church of San José.
Charlotte was a loving daughter, sister, wife, mother, and grandmother. She is preceded in death by her
husband Jack Powers, and her daughter Thais Powers.
She is survived by her four children: Mike, Bruce, Doyle, and Letitia; her eight grandchildren: Joshua,
Cassie, Sean, Philip, Nicholas, James, Olivia, and Avery; and her five great-grandchildren: Kayla, Presley,
Lola, Jack, and Yuki.
• Closed Session Report
To be heard after Ceremonial Items
1. CEREMONIAL ITEMS
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 6 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
2.2 Final Adoption of Ordinances.
20-1257 Final Adoption of Ordinances.
Recommendation: (a) Ordinance No. 30493 - An Ordinance of the City of San José
Rezoning Certain Real Property of Approximately 0.18 Gross Acre Site
Situated on the Northeast Corner of Delmas Avenue and West Virginia
Street (796 Delmas Avenue) (APN: 264-23-056) from the R-2 Two
Family Residence Zoning District to the CP Commercial Pedestrian
Zoning District.
[Passed for Publication on 10/6/2020 - Item 10.1(a) (20-1203)]
2.3 Approval of Council Committee Minutes.
City of San José Page 7 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
20-1311 Approval of Council Committee Minutes.
Recommendation: (a) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of November
13, 2019.
(b) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of December
4, 2019.
(c) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of January
15, 2020.
(d) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of January
29, 2020.
(e) Regular Smart Cities and Service Improvements Committee Meeting
Minutes of November 7, 2019.
(f) Regular Smart Cities and Service Improvements Committee Meeting
Minutes of December 5, 2019.
(g) Regular Community and Economic Development Committee
Meeting Minutes of November 18, 2019.
(h) Regular Transportation and Environment Committee Meeting
Minutes of December 2, 2019.
(i) Regular Public Safety, Finance, and Strategic Support Committee
Meeting Minutes of December 12, 2020.
(j) Regular AD-HOC Committee on Development Services Meeting
Minutes of January 16, 2020.
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) 11/13/2019 ROGC Minutes
(b) 12/4/2019 ROGC Minutes
(c) 1/15/2020 ROGC Minutes
(d) 1/29/2020 ROGC Minutes
(e) 11/7/2019 Smart Cities Minutes
(f) 12/5/2019 Smart Cities Minutes
(g) 11/18/2019 CED Minutes
(h) 12/2/2019 T&E Minutes
(i) 12/12/2019 PSFSS Minutes
(j) 1/16/2020 AD-HOC Minutes
City of San José Page 8 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
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.
2.7 20-1233 Report on Bids and Award of Construction Contract for 9588 - Exploratory
Trenches Project at the San José-Santa Clara Regional Wastewater Facility.
Recommendation: Report on bids and award a construction contract for the 9588 -
Exploratory Trenches Project to the low bidder, Westland Contractors,
Inc., in the amount of $345,000, and approve a 20 percent contingency
in the amount of $69,000.
CEQA: Determination of Consistency with the San José/Santa Clara
Water Pollution Control Plant Master Plan Final Environmental Impact
Report (SCH#201105274) and Addenda Thereto, File No. ER20-118,
CEQA Guidelines 14 CCR § 15168(c)(2). (Environmental
Services/Public Works)
Attachments Memorandum
TPAC Supplemental
2.8 20-1248 Actions Related to the 7232 - Trail: Three Creeks Pedestrian Bridge Over
Los Gatos Creek Project.
Recommendation: (a) Adopt a resolution authorizing the Director of Public Works to
negotiate and execute one or more change orders to the 7232 - Trail:
Three Creeks Pedestrian Bridge Over Los Gatos Creek construction
contract with Gordon N. Ball, Inc. to do the following:
(1) Increase the current base contract amount by up to $700,000, from
$1,786,247 to a revised contract amount not to exceed $2,486,246,
subject to the condition that this increase is a full settlement of all cost
increases; and
(2) Extend the completion date of the work by more than 180 calendar
days.
(b) Authorize increasing the contract contingency by $55,806, from
$162,745 to $218,551, to provide for any unexpected work needed for
the proper completion of the project.
CEQA: Environmental Impact Report for the Three Creeks Trail
Pedestrian Bridge Project, File No. PP13-085. Council District 6.
(Public Works)
Attachments Memorandum
City of San José Page 9 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
2.9 20-1299 Approval of Filipino American History Month Community Events Sponsored
by Council District 7 and Council District 8 as City Council Sponsored Special
Events 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
October 14, 2020:
(a) Approve October 2020 as Filipino American History Month to be
recognized by the City Council on October 20, 2020, as a City Council
sponsored Special Event and approve the expenditure of funds.
(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. (Esparza and
Arenas)
[Rules Committee referral 10/14/2020 - Item G.1.a and Item G.1.b]
Attachments Memorandum
Letters from the Public
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, David Sykes (Verbal Report)
20-1234 (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 Memorandum from Peralez, 10/19//2020
Presentation
Letters from the Public
3.2 Labor Negotiations Update.
Accept Labor Negotiations Update.
TO BE HEARD AT 9:30 A.M.
City of San José Page 10 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
3.3 20-1235 2019-2020 City Manager’s Annual Report.
Recommendation: (a) Accept the 2019-2020 City Manager’s Annual Report in compliance
with City Charter Section 701 (F).
(b) Adopt Appropriation Ordinance and Funding Sources Resolution
amendments in various operating and capital funds to implement the
2019-2020 Annual Report recommendations, as detailed in Section IV
(Recommended Budget Adjustments and Clean-Up/Rebudget Actions).
(c) Approve the following position changes in the City Manager’s
Office:
(1) Add 1.0 Director of City Manager’s Office;
(2) Add 1.0 Assistant to the City Manager;
(3) Add 1.0 Senior Executive Analyst; and
(4) Add 1.0 Staff Specialist.
CEQA: Not a Project, Files No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approval of
any City actions, and File No. PP17-004, Government Funding
Mechanism of Fiscal Activity with no commitment to a specific project
which may result in a potentially physical impact on the environment.
(City Manager)
Attachments 2019-2020 Annual Report
Presentation
3.4 20-1236 Preliminary Review of Documentation for COVID-19 Related Costs.
Recommendation: Accept the report on the Preliminary Review of Documentation for
COVID-19 related costs.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Auditor)
Attachments Memorandum
City of San José Page 11 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
3.5 20-1237 Actions Related to the Agreements for Food Distribution and Related
Services for COVID-19 Pandemic.
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City Council Amended Agenda October 20, 2020
Recommendation: (a) Adopt a resolution authorizing the City Manager to:
(1) Negotiate and execute an Agreement to Provide Meals for a
Limited Duration between the City of San José and Catholic Charities
of Santa Clara County (San José, CA) to provide groceries to
temporarily sheltered, unsheltered, isolated, medically vulnerable, and
low-income individuals and families experiencing food insecurity due to
the impacts of the COVID-19 pandemic to extend the term by adding
up to four options through December 30, 2020, with no change to the
maximum aggregate compensation amount of $914,550 for service in
San José;
(2) Negotiate and execute Third Amendments to the two Agreements
to Provide Meals for Limited Duration between the City of San José
and Hunger at Home (San José, CA) to provide meals to temporarily
sheltered, unsheltered, isolated, medically vulnerable, and low-income
individuals experiencing food insecurity due to the impacts of the
COVID-19 pandemic to add five options to extend the term of both
agreements to December 30, 2020, with an increase to the maximum
aggregate compensation amount to $1,752,795 with $931,775 for
service in San José and $821,020 for service inside Santa Clara County
and outside of San José;
(3) Negotiate and execute Third Amendments to the two Agreements
to Provide Meals for a Limited Duration between the City of San José
and Team San José (San José, CA) to provide meals to unhoused
individuals to add six options to extend the term to December 30, 2020,
with an increase to the maximum aggregate compensation amount to
$3,338,469 with $2,545,133 for service in San José and $793,336 for
service in Santa Clara County and outside of San José;
(4) Negotiate and execute a Third Amendment to the Agreement to
Provide Meals for Limited Duration between the City of San José and
The Health Trust (San José, CA) to prepare and deliver frozen meals to
higher risk-eligible individuals aged 60+ and to unhoused individuals to
add up to six options to extend the term through December 30, 2020,
with an increase to the maximum compensation amount to $1,295,350
for service in San José; and
(5) Negotiate and execute a Second Amendment to the two
Agreements to Provide Meals for Limited Duration between the City of
San José and World Central Kitchen (Washington, DC) to add up to six
options through January 9, 2021, based on the same terms and
conditions, with no change to the maximum compensation amounts of
$2,316,600 for services inside San José and $1,247,400 for service in
Santa Clara County and outside of San José.
City of San José Page 13 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
(b) Adopt the following Funding Sources Resolution and Appropriation
Ordinance amendments in the Emergency Reserve Fund:
(1) Increase the estimate for Revenue from the Federal Government in
the amount of $1,750,000; and
(2) Increase the appropriation to the City Manager’s Office for
COVID-19 Emergency Response in the amount of 1,750,000.
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
Presentation
3.6 20-1238 Acceptance of Retirement Plans’ Comprehensive Annual Investment Fee
Reports for Calendar Year 2019. - DEFERRED
Recommendation: Accept the following reports:
(a) Police and Fire Retirement Plan Comprehensive Annual Fee Report
for calendar year 2019.
(b) Federated City Employees’ Retirement System Comprehensive
Annual Fee report for calendar year 2019.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Retirement Services)
DEFERRED TO 10/27/20 PER ADMINISTRATION
Attachments Police & Fire Investment Expenses Report Calendar Year 2019
Federated System Investment Expenses Report Calendar Year 2019
City of San José Page 14 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
3.7 20-1239 Government Accountability Measures. - DEFERRED
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City Council Amended Agenda October 20, 2020
Recommendation: As recommended by the Rules and Open Government Committee on
August 19, 2020:
(a) To assist City Hall save money and eliminate wasteful spending as
we brace for difficult financial challenges ahead, as well as to create a
more accountable and transparent City Hall to better serve our
residents, discuss and consider committing the City to the following,
with direction to the Administration to work with the City Attorney’s
Office to return to Council with the appropriate action, as applicable:
(1) In any year where the City Manager and the Budget Director report
a budget surplus in their October budget update, at least 50% of that
surplus will be set aside to our Budget Stabilization Fund, until an
amount equal to 15% of the General Fund balance has been achieved or
be used to pay municipal debt.
(2) A standing commission shall be created consisting of appointed
residents of San José to provide oversight of any ballot measures or
policy proposals proposed or endorsed by the City that result in tax
increases or additional revenue. The commission shall produce a public
report annually to certify whether the Council has allocated dollars as
promised when the measure or ordinance was proposed.
(3) Prior to the start of the annual budget season and priority setting
session, the intergovernmental team shall report to Council about the
latest trends and chatter coming from Sacramento and Washington
about potential policy changes and funding opportunities relevant to
municipalities so that we may strategically align our priorities and
resources to maximize benefits for San José residents.
(4) Direct the City Auditor to commence regular performance audits of
three key departments that are constituent-facing - such as Police, Fire,
Planning, Housing, Transportation, Public Works, Environmental
Services, and Parks - every year henceforth, to identify cost savings
and process efficiencies, with results put on the Council agenda for
public hearing and review:
(i) Audits should reoccur every four years;
(ii) Amend the City Auditor’s 2020-2021 workplan to include an audit
of our Police Department, focusing specifically on identifying cost
savings and process efficiencies.
(b) Accept the response from the Administration on the Government
Accountability Measures discussed in the memorandum from
Councilmember Diep referred to the City Council from the Rules and
Open Government Committee on August 19, 2020.
(c) As an alternative to recommendations (a)(1) and (a)(2) above, adopt
a resolution amending City Council Policy 1-18, Operating Budget and
City of San José Page 16 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
Capital Improvement Program Policy, to modify Section 4 (Fund
Balance) and Section 15 (Public Involvement).
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. (Diep)
[Rules Committee referral 8/19/2020 - Item G.3]
[Deferred from 9/22/2020 - Item 3.5 (20-1089)]
DEFERRED PER RULES AND OPEN GOVERNMENT
COMMITTEE
Attachments Memorandum
Supplemental Memorandum
Early Consideration Response Form
Resolution
3.8 20-1249 Actions Related to the Purchase Orders for the Removal and Disposal of
Trash, Debris, and Bio-Waste at Homeless Encampment Sites.
Recommendation: Adopt a resolution authorizing the City Manager to:
(a) Execute purchase orders with NRC Environmental Services, Inc.
(Alameda, CA), HCI Environmental and Engineering (Riverside, CA),
and Tucker Construction, Inc. (San José, CA) for removal and disposal
of trash, debris, and bio-waste at homeless encampment sites to mitigate
the spread of COVID-19 within the encampments for an initial 11-week
term retroactive to October 11, 2020 and ending on or about December
30, 2020, for a total cumulative compensation not-to-exceed amount of
$3,000,000; and
(b) Execute purchase orders for up to six, six-month options to extend
the service with one or more of the vendors for removal and disposal of
trash, debris and bio-waste at homeless encampment sites to address
any ongoing public health and safety issues beginning 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/City Manager)
[Rules Committee referral 10/7/2020 - Item A.1.a]
Attachments Memorandum
Letters from the Public
City of San José Page 17 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
3.9 20-1252 Cut The Commute Pledge.
Recommendation: As recommended by the Rules and Open Government on October 7,
2020:
(a) City of San José as an organization shall pledge to join Bay Area
Quality Management District’s “Cut the Commute” Campaign as a
continued effort to reduce traffic congestion, help maintain our air
quality progress, reduce employer and employee costs, and reduce
climate impacts.
(b) In support of Cut the Commute, direct the City Manager and
Administration to sign the pledge.
CEQA: Not a Project, File No. PP17-008, General Procedure and
Policy Making resulting in no changes to the physical environment.
(Jones and Arenas)
[Rules Committee referral, in part, 10/7/2020- Item G.2]
Attachments Memorandum
Early Consideration Response Form
Memorandum from Liccardo, Jones, Arenas (10/16/20)
Letter from San Mateo County Supervisor Dave Pine
Letters from the Public
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
City of San José Page 18 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
6.1 20-1240 Report on Bids and Award of Construction Contract for 7448 - Filter
Rehabilitation Project at the San José-Santa Clara Regional Wastewater
Facility.
Recommendation: Report on bids and award a construction contract for the 7448 - Filter
Rehabilitation Project to the low bidder, Walsh Construction Company,
LLC, for base bid and Add Alternate No. 3, in the amount of
$33,290,577, and approve a 20 percent construction contingency in the
amount of $6,658,000.
CEQA: Categorically Exempt, File No. PP17-049, CEQA Guidelines
Section 15301(b), Existing Facilities. (Environmental Services/Public
Works)
Attachments Memorandum
TPAC Supplemental
Presentation
7. NEIGHBORHOOD SERVICES
7.1 20-1241 Age-Friendly City Initiative Update and San José Age-Friendly 3-Year Action
Plan.
Recommendation: As recommended by the Neighborhood Services and Education
Committee on October 8, 2020:
(a) Accept the Age-Friendly City Initiative Update.
(b) Adopt a resolution approving the San José Age-Friendly 3-Year
Action Plan.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Parks, Recreation and Neighborhood Services)
[Neighborhood Services and Education Committee referral - 10/8/2020
Item d (2)]
Attachments Memorandum
Attachment 1
Attachment 2
Presentation
Presentation, 10/8/2020
Resolution
8. COMMUNITY & ECONOMIC DEVELOPMENT
City of San José Page 19 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
8.1 20-1242 Ratification of Application and Authorization for Project Homekey Funds for
Acquisition of the Best Western San José Airport Hotel Located at 1488
North First Street for Supportive Housing.
Recommendation: (a) Adopt a resolution:
(1) Ratifying the submission and execution by the City Manager of an
application for Project HomeKey funds to the California Department of
Housing and Community Development (HCD) in order to address
housing needs of individuals and families experiencing homelessness or
at risk of experiencing homelessness and who are impacted by the
COVID-19 pandemic;
(2) Authorizing the City Manager to negotiate and execute an HCD
Standard Agreement and all other necessary related documents to
accept $10,868,000 in acquisition funding and up to $1,362,477 in
operating subsidy totaling $12,230,477 from HCD in Project HomeKey
funds;
(3) Authorizing the City Manager to negotiate and execute a Purchase
and Sale Agreement with San José Hospitality, Inc., for the purchase by
the City of San José Housing Department of the Sure Stay Best
Western San José Airport Hotel located at 1488 North 1st Street for a
price of $14,136,000; and
(4) Authorizing the Director of Housing to negotiate and execute a
Property Management Agreement with San José Hospitality, Inc., for
the purposes of providing property management services to the Best
Western San José Airport Hotel upon acquisition for the duration of 120
days in the amount of $400,000.
(b) Adopt the following Appropriation Ordinance and Funding Sources
Resolution amendments in the Multi-Source Housing Fund:
(1) Establish an estimate for Revenue from State of California in the
amount of $12,230,477;
(2) Decrease the Ending Fund Balance by $400,000; and
(3) Establish a Project HomeKey appropriation to the Housing
Department in the amount of $12,630,477.
CEQA: Not a discretionary project subject to CEQA pursuant to Health
& Safety Code section 50675.1.1(g); Exempt per Public Resources
Code 21080(b)(1) and CEQA Guidelines Section 15369 Ministerial
Project pursuant to Government Code Section 65913.4. Council District
3. (Housing/City Manager)
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City Council Amended Agenda October 20, 2020
Attachments Memorandum
Memorandum from Mayor and Peralez, 10/16/2020
Presentation
Resolution
8.2 20-1306 Actions Related to the Temporary Emergency Shelter Operations for
COVID-19 Emergency Response.
Recommendation: Adopt a resolution authorizing the City Manager or his designee to
negotiate and execute a Third Amendment to the Overnight Warming
Location grant agreement with HomeFirst Services of Santa Clara
County to increase hours and the maximum amount of compensation by
$4,715,945 for a total of $9,050,985 to continue operating COVID-19
emergency shelters at the following City facilities, retroactive to July 1,
2020 through December 30, 2020:
(a) Parkside Hall, 180 Park Avenue;
(b) South Hall, 435 S Market Street;
(c) Bascom Community Center and Library, 1000 S. Bascom Avenue;
and
(d) Camden Community Center, 3369 Union Avenue.
CEQA: Statutorily Exempt, File No. ER20-081 CEQA Guidelines
Section 15269, Emergency Projects, Section (c) Specific actions
necessary to prevent or mitigate an emergency. Council Districts 3, 6,
and 9. (Housing)
[Rules Committee referral 10/14/2020 - Item A.1.a]
Attachments Memorandum
City of San José Page 21 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
8.3 20-1307 Ratify Grant Agreements with PATH and HomeFirst Services of Santa Clara
County to Operate Three Emergency Interim Housing Locations to Provide
Emergency Non-Congregate Shelter for COVID-19 Vulnerable Individuals.
Recommendation: Adopt a resolution ratifying the following grant agreements to operate
three emergency interim housing locations providing emergency
non-congregate shelter for COVID-19 vulnerable individuals:
(a) A grant agreement with PATH in the amount of $2,678,044 dated
October 9, 2020 to operate the Evans Lane emergency interim housing
for an initial term beginning June 15, 2020 through June 30, 2021, with
an option to extend the agreement for an additional year beyond the
initial term; and
(b) A grant agreement with HomeFirst Services of Santa Clara County
in the amount of $6,104,501 dated October 9, 2020 to operate two
emergency interim housing sites located at Monterey and Bernal and
Rue Ferrari for an initial term beginning June 15, 2020 through June 30,
2021, with an option to extend the agreement for an additional year
beyond the initial term.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Housing)
[Rules Committee referral 10/14/2020 - Item A.1.a]
Attachments Memorandum
Agreement - PATH
Agreement - HomeFirst
Resolution
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
No Land Use items on Consent Calendar.
City of San José Page 22 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
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City Council Amended Agenda October 20, 2020
10.2 20-1243 C19-013, CP19-013 and T20-015 - Conforming Rezoning, Conditional Use
Permit, and Tentative Map for Certain Real Property Located at 550-570
Meridian Avenue, 1401 Parkmoor Avenue, and 529, 591, and 691 Race
Street.
Recommendation: (a) Adopt a resolution certifying the Avenues: The World School
Project Environmental Impact Report (SCH#201907027) and making
certain findings concerning significant impacts, mitigation measures and
alternatives, and adopting a Mitigation Monitoring and Reporting
Program, all in accordance with the California Environmental Quality
Act, as amended.
(b) Approve an ordinance rezoning certain real property located on the
northwest corner of Race Street and Parkmoor Avenue from the IP
Industrial Park Zoning District to CIC Combined Industrial/Commercial
Zoning District on an approximately 11.87-gross acre site.
(c) Adopt a resolution approving, subject to conditions, a Tentative Map
to merge eight lots into one lot.
(d) Adopt a resolution approving, subject to conditions, a Conditional
Use Permit to allow to allow the demolition of existing buildings totaling
210,426 square feet and the phased construction and operation of a
private school (toddler through 12th grade, ages 2 to 18) totaling
approximately 458,155 square feet above grade (inclusive of the
adaptive reuse of two commercial buildings and one four-level parking
structure) for up to 2,744 students and 480 faculty and staff at final
build-out, and the removal of 122 on-site trees, nine of which are
ordinance-size trees and associated modifications on the existing surface
parking and landscaping on an approximately 11.87‐gross acre site.
CEQA: Avenues: The World Schools Project Environmental Impact
Report. Planning Commission recommends approval (7-0). Council
District 6. (Planning, Building and Code Enforcement)
Attachments Memorandum
Presentation
(a) Resolution
Ordinance
(c) Resolution
(d) Resolution
Letter from VTA
City of San José Page 24 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
10.3 20-1244 CP18-011 Appeal - Administrative Hearing on the Appeal of the Planning
Commission's Approval of Conditional Use Permit No. CP18-011 for the 6211
Santa Teresa Boulevard Fuel Station Project.
Recommendation: (a) Conduct an Administrative Hearing on the appeal of the Planning
Commission’s approval of Conditional Use Permit No. CP18-011 for
the 6211 Santa Teresa Boulevard Fuel Station Project which permits
the demolition of an existing approximately 2,100 square foot pump
canopy and associated fueling station equipment, the removal of 11
ordinance-sized trees and 3 non-ordinance-sized trees, and the
construction of a new approximately 1,800-square foot fueling canopy
and an 817-square foot addition to the existing 2,239-square foot
building for a total of approximately 3,056 square feet for a retail store
with 24-hour use, fueling station, a patio with a seating area, site
improvements and discontinuation of the non-conforming auto repair
use on an approximately 0.47-gross acre site located at 6211 Santa
Teresa Boulevard.
(b) Adopt a resolution adopting the 6211 Santa Teresa Boulevard Fuel
Station Project Mitigated Negative Declaration and associated Mitigation
Monitoring and Reporting Program, for which an Initial Study was
prepared and circulated for public review, in accordance with the
California Environmental Quality Act, as amended.
(c) Adopt a resolution denying the permit appeal and approving, subject
to conditions, a Conditional Use Permit to allow the demolition of an
existing approximately 2,100 square foot pump canopy and associated
fueling station equipment, the removal of 11 ordinance-sized trees and 3
non-ordinance-sized trees, and the construction of a new approximately
1,800-square foot fueling canopy and an 817-square foot addition to the
existing 2,239-square foot building for a total of approximately 3,056
square feet for a retail store with 24-hour use, fueling station, a patio
with a seating area, site improvements and discontinuation of the
non-conforming auto repair use on an approximately 0.47-gross acre
site.
CEQA: 6211 Santa Teresa Boulevard Fuel Station Project Mitigated
Negative Declaration. Council District 2. (Planning, Building and Code
Enforcement)
Attachments Memorandum
Presentation
Resolution
Letters from the Public
City of San José Page 25 Printed on 10/20/2020
City Council Amended Agenda October 20, 2020
• 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
Charlotte Elizabeth Bruce Powers was born on October 12, 1937, in Santa Maria California. In 1958, she
graduated from the University of California, Santa Barbara. That same year, she married her husband, the
late Jack Powers. In 1963, she moved to San José, California, and began her 30-year tenure with the
Cupertino Union School District and Board of Education.
Charlotte was passionate about women’s rights and firmly believed that women belong in politics. She
began her 57-year career as a civic leader in 1970--serving on the National Women’s Political Caucus
Board, the San José City Council as a representative of District 2 from 1993 to 2000, the San
José-Evergreen Community College District Board, the Valley Transportation Authority Board, as well as a
member of the Joint Powers Authority.
Charlotte always saw the best in everyone—and fought for the rights of the underrepresented and
underserved. She was a champion for improving the stature of women in society, and arts in the community.
She believed everyone in San Jose was deserving of opportunity and respect—regardless of economic
status, gender, race, or religion. She committed herself to the betterment of all residents of San José.
Even when out of the public eye, Charlotte dedicated her life to others. She would provide shelter,
education, and mentoring to young homeless people—going above and beyond to help them achieve their
educational goals. She would make weekly trips to Stipe Elementary School to read books to students, and
taught students the constitution through the We the People organization.
Even as Parkinson’s took its toll on her body, Charlotte continued helping and mentoring homeless women
by volunteering daily at the Lifted Spirits Drop-in Center, as well as serving as an Elder at the 1st
Presbyterian Church of San José.
Charlotte was a loving daughter, sister, wife, mother, and grandmother. She is preceded in death by her
husband Jack Powers, and her daughter Thais Powers.
She is survived by her four children: Mike, Bruce, Doyle, and Letitia; her eight grandchildren: Joshua,
Cassie, Sean, Philip, Nicholas, James, Olivia, and Avery; and her five great-grandchildren: Kayla, Presley,
Lola, Jack, and Yuki.
City of San José Page 26 Printed on 10/20/2020
City Council Amended Agenda October 20, 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 27 Printed on 10/20/2020
City Council Amended Agenda October 20, 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 28 Printed on 10/20/2020