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City Council

Regular Meeting

San Jose, CA · November 3, 2020

Agenda

Agenda

City Council Meeting Amended Agenda Tuesday, November 3, 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 November 3, 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 11/3/2020 City Council Amended Agenda November 3, 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 20-1309 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 10) Finny Abraham - Local Compassion Pastor, WestGate Church, and Executive Director of Beautiful Day. • Orders of the Day To be heard after Ceremonial Items Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise. • Closed Session Report To be heard after Ceremonial Items City of San José Page 5 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 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. 2.2 Final Adoption of Ordinances. 20-1373 Final Adoption of Ordinances. Recommendation: (a) Ordinance No. 30497 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 11.87 Gross Acres Situated at the Northwest Corner of Race Street and Parkmoor Avenue (550 And 570 Meridian Avenue, 1401 Parkmoor Avenue, 529, 591, and 691 Race Street/APN: 264-08-060, 264-08-063, 264-08-066, 264-08-067, 264-08-071, 264-08-072, 264-08-077, 264-08-078) from the IP Industrial Park Zoning District to the CIC Combined Industrial/Commercial Zoning District. [Passed for Publication on 10/20/2020 - Item 10.2(b) (20-1243)] 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 11/3/2020 City Council Amended Agenda November 3, 2020 2.7 20-1315 Agreement with Santa Clara Valley Habitat Agency for Airport Environmental Mitigation Fee Payments. Recommendation: Approve an agreement with the Santa Clara Valley Habitat Agency setting forth a schedule of mitigation fee payments to be payable to the Agency, in conformance with the Airport Master Plan Environmental Impact Report (EIR), in an amount not to exceed $2.75 million. CEQA: Environmental Impact Report for the Norman Y. Mineta San José International Airport Master Plan Update (Resolution No. 79497 and SCH#2018102020), File No. PP18-103. (Airport) Attachments Memorandum Agreement 2.8 20-1316 Amendment to the Agreement with Sloan Sakai Yeung Wong, LLP (formerly Renne Sloan Holtzman & Sakai, LLP). Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute a First Amendment to the Agreement with Sloan Sakai Yeung Wong, LLP (formerly Renne Sloan Holtzman & Sakai, LLP) to extend the term through December 31, 2022. 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 2.9 20-1317 Actions Related to the Parkland Agreement Between SJSC Properties, LLC and the City of San José. Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute an amendment to the Parkland Agreement between SJSC Properties, LLC and the City of San José to: (a) Incorporate an increase in residences to 630 residential units; and (b) Extend the payment of park impact in-lieu fees under the current Schedule of Parkland Fees to June 30, 2021. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 3. (Parks, Recreation and Neighborhood Services) Attachments Memorandum City of San José Page 7 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 2.10 20-1416 Approval of November 2020 as Sikh American Awareness & Appreciation Month Community Event Sponsored by Council District 8 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government on October 21, 2020: (a) Approve the November 2020 as Sikh American Awareness & Appreciation Month to be recognized on November 3, 2020 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses, or community groups to support the event. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Arenas) [Rules Committee referral 10/21/2020- Item G.1.c] [Deferred from 10/27/2020 - Item 2.16 (20-1347)] Attachments Memorandum 2.11 20-1405 Approval of the Dumpster Day at Fischer Middle School Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government on October 28, 2020: (a) Approve the Dumpster Day at Fischer Middle School scheduled on November 14, 2020 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Carrasco) [Rules Committee referral 10/28/2020 - Item G.1.a] Attachments Memorandum City of San José Page 8 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 2.12 20-1412 Retroactive Approval of the Dia De Los Muertos Community Event Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government on October 28, 2020: (a) Retroactively approve the Dia De Los Muertos Community Event scheduled on October 30, 2020 to October 31, 2020 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Carrasco) [Rules Committee referral 10/28/2020- Item G.1.b] Attachments Memorandum City of San José Page 9 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 2.13 20-1415 City Attorney Appointment and Compensation Package. - RENUMBERED TO ITEM 3.6 Recommendation: As recommended by the Rules and Open Government on October 28, 2020, adopt a resolution appointing Nora Frimann as City Attorney and approving compensation for services as City Attorney effective beginning November 1, 2020 consistent with the following terms and the attachment in this memo: (a) Salary: Your starting salary will be $309,915.41 annually. In addition to this starting salary, you will receive an approximate five percent (5%) ongoing non-pensionable pay for a total annual salary of approximately $325,411.18; (b) Executive Management Benefits: As executive management, the Appointee will receive the benefits that are included in the Executive Management and Professional Employees (Unit 99) Benefit and Compensation Summary (attached). The Appointee will also receive a $350.00 monthly automobile allowance in accordance with the current City policy and an option to receive payments in-lieu of health care coverage. The Appointee will also receive a monthly cell phone and data stipend, which is currently $35 for cell phone use and/or $40 for data plan use. However, the Appointee has waived this stipend as she currently has a City-issued cell phone; (c) Vacation and Executive Leave: The Appointee will accrue vacation and receive executive leave in accordance with Executive Management and Professional Employees (Unit 99) Benefit and Compensation Summary. The Appointee has sixty-four hours remaining of executive leave in the 2020 calendar year and will not be eligible for additional executive leave in 2020. Executive Leave cannot be cashed out or carried over into the next calendar year under any circumstances. Vacation can continue to accrue up to twice the annual accrual rate; and (d) Outside Employment: The Appointee will not engage in outside employment without City Council approval. CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (Mayor) [Rules Committee referral 10/28/2020- Item G.8] RENUMBERED TO ITEM 3.6 (20-1426) Attachments Memorandum Resolution Attachment City of San José Page 10 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, David Sykes (Verbal Report) 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. 3.3 20-1326 Food Distribution Agreements for Meal and Grocery Delivery Request for Proposal. Recommendation: Accept the report on the Request for Proposals and adopt a resolution authorizing the City Manager to: (a) Negotiate and execute an agreement with The Health Trust (San José, CA) for intake, meal preparation and meal delivery to eligible San José residents for adult meals for a maximum compensation of $264,000 for an initial term retroactive to November 2, 2020 and ending December 30, 2020, and up to 4 three-month options through December 31, 2021, subject to the appropriation of funds; (b) Negotiate and execute an agreement with Off the Grid, LLC (San Francisco, CA) for intake, meal preparation and meal delivery services to eligible San José residents for adult and youth meals for a maximum compensation of $622,400, for an initial term retroactive to October 21, 2020 through December 30, 2020, and up to 4 three-month options through December 31, 2021, subject to the appropriation of funds; (c) Negotiate and execute an agreement with Off the Grid, LLC (San Francisco, CA) for intake, grocery shopping and delivery to eligible San José residents for a maximum compensation not to exceed $2,313,360, for an initial term retroactive to October 21, 2020 through December 30, 2020, and up to 4 three-month options through December 31, 2021, subject to the appropriation of funds; and (d) Negotiate and execute amendments and change orders for any unanticipated changes, 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. (City Manager/Finance) Attachments Memorandum Presentation City of San José Page 11 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 3.4 20-1366 Update on San José Al Fresco Program Recommendation: (a) Accept staff report on status of the San José Al Fresco program. (b) Adopt a resolution amending the Declarations of the Director of Emergency Services of the City of San José issued June 4, 2020, as amended, June 26, 2020, as amended, July 22, 2020, July 31, 2020 and August 5, 2020, to: extend the duration of these declarations until March 31, 2021 or June 30, 2021, as applicable; require additional safety measures for outdoor operations on private property; extend permissible business hours for outdoor operations in the Downtown Core; expand the list of allowable equipment that may be used in Outdoor Business Areas to allow for cold weather operations, and make other amendments. CEQA: Categorically Exempt, File No. ER20-223, CEQA Guidelines Section 15304(e) Minor Alterations to Land. (City Manager) Attachments Memorandum Resolution Letters from the Public 3.5 20-1318 Citywide Capital Improvement Program Annual Report. Recommendation: Accept the annual report on the Citywide Capital Improvement Program for Fiscal Year 2019-2020. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Public Works) Attachments Memorandum Presentation City of San José Page 12 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 3.6 20-1426 City Attorney Appointment and Compensation Package. - RENUMBERED FROM ITEM 2.13 Recommendation: As recommended by the Rules and Open Government on October 28, 2020, adopt a resolution appointing Nora Frimann as City Attorney and approving compensation for services as City Attorney effective beginning November 1, 2020 consistent with the following terms and the attachment in this memo: (a) Salary: Your starting salary will be $309,915.41 annually. In addition to this starting salary, you will receive an approximate five percent (5%) ongoing non-pensionable pay for a total annual salary of approximately $325,411.18; (b) Executive Management Benefits: As executive management, the Appointee will receive the benefits that are included in the Executive Management and Professional Employees (Unit 99) Benefit and Compensation Summary (attached). The Appointee will also receive a $350.00 monthly automobile allowance in accordance with the current City policy and an option to receive payments in-lieu of health care coverage. The Appointee will also receive a monthly cell phone and data stipend, which is currently $35 for cell phone use and/or $40 for data plan use. However, the Appointee has waived this stipend as she currently has a City-issued cell phone; (c) Vacation and Executive Leave: The Appointee will accrue vacation and receive executive leave in accordance with Executive Management and Professional Employees (Unit 99) Benefit and Compensation Summary. The Appointee has sixty-four hours remaining of executive leave in the 2020 calendar year and will not be eligible for additional executive leave in 2020. Executive Leave cannot be cashed out or carried over into the next calendar year under any circumstances. Vacation can continue to accrue up to twice the annual accrual rate; and (d) Outside Employment: The Appointee will not engage in outside employment without City Council approval. CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (Mayor) [Rules Committee referral 10/28/2020- Item G.8] RENUMBERED FROM ITEM 2.13 (20-1415) Attachments Memorandum Resolution Attachment City of San José Page 13 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 4. PUBLIC SAFETY SERVICES 5. TRANSPORTATION & AVIATION SERVICES 5.1 20-1319 Federal Aviation Administration Grant Funding for Airport Safety/Pavement Improvements and Air Pollution/Greenhouse Gas Emission Mitigation. Recommendation: Adopt a resolution authorizing the City Manager to apply for, execute, and accept upon receipt, Airport Improvement Program, Zero Emission Vehicle, Voluntary Airport Low Emissions Program, and other potential environmental and energy grants from the Federal Aviation Administration in a total amount not to exceed $88 million for certain projects at the Norman Y. Mineta San José International Airport. CEQA: Determination of Consistency with the Environmental Impact Report for the Norman Y. Mineta San José International Airport Master Plan Update (Resolution No 79497 and SCH#2018102020), File No. PP18-103. (Airport) Attachments Memorandum Resolution 6. ENVIRONMENTAL & UTILITY SERVICES 7. NEIGHBORHOOD SERVICES 8. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 14 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 8.1 20-1320 Purchase and Sale and Cost Payment Agreement with SJ City View LLC for Reimbursement of all Costs Associated with the Acquisition Parcels at Park Avenue Between Almaden Boulevard and Market Street. Recommendation: Adopt a resolution authorizing the City Manager, or their designee, to negotiate and execute: (a) A Real Property Purchase and Sale and Cost Payment Agreement with SJ City View LLC that will require SJ City View LLC to reimburse the City of San José for City-incurred costs, fees and expenses associated with the acquisition, through negotiation or through a condemnation action, related to that certain ±6,224 square feet portion of real property located at Park Avenue, between Almaden Boulevard and Market Street; and (b) Amendments to the Real Property Purchase and Sale and Cost Payment Agreement for additional reimbursement. CEQA: Supplemental Environmental Impact Report (Resolution 79586) to the Downtown Strategy 2040 Environmental Impact Report (Resolution 78942), File No. H19-016. Council District 3. (Economic Development) Attachments Memorandum Presentation City of San José Page 15 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 8.2 20-1419 Internal Transfer for Affordable Housing Sites. Recommendation: Adopt a resolution: (a) Authorizing the Director of Housing to negotiate and execute any documents required under California Redevelopment Law for the transactions herein, and any amendments or modification thereto, including, but not limited to, the affordability restrictions; and (b) Authorizing the transfer of the following three City-owned real properties, totaling approximately 1.02 acres of land, to the Housing Department to be funded from the Low and Moderate Income Housing Asset Funds for the future construction of affordable housing in exchange for the appraised values of the properties consistent with the California Redevelopment Law: (1) 3707 Williams Road (Assessor Parcel Number 299-32-074) from the Department of Parks, Recreation and Neighborhoods Service for the appraised amount of $6,200,000; (2) 1749 Mt. Pleasant Road (Assessor Parcel Number 647-24-042), from the Fire Department for the appraised amount of $900,000; (3) 430 Park Avenue (Assessor’s Book 259, Page 46, unassigned parcel), from the Office of Economic Development for the appraised amount of $555,000. CEQA: Statutorily Exempt, File No. ER20-107, CEQA Guidelines Section 15262, Feasibility and Planning Studies. Council Districts 1, 3, 5. (Economic Development/Fire/Housing/Parks, Recreation and Neighborhood Services) [Deferred from 10/27/2020 - Item 8.3 (20-1287)] Attachments Memorandum Supplemental Memorandum Replacement Memorandum from Jones, 10/27/2020 Resolution Presentation Presentation, 10/27/2020 City of San José Page 16 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 8.3 20-1420 Ratify Agreement with County of Santa Clara to Provide Emergency Non-Congregate Shelter for COVID-19 Vulnerable Individuals in Motels. Recommendation: Adopt a resolution ratifying an agreement with County of Santa Clara in an amount not to exceed $1,794,447, dated September 17, 2020, to provide emergency non-congregate shelter in motels for City of San José residents that are COVID-19 vulnerable from June 15, 2020 through October 15, 2020. 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 10/21/2020 - Item A.1.a] [Deferred from 10/27/2020 - Item 8.5 (20-1364)] Attachments Memorandum Agreement Resolution 8.4 20-1421 Cost Sharing Agreement with County of Santa Clara for COVID-19 Isolation and Quarantine Support Program, Community Health and Business Engagement Teams, and Meal Delivery Service. Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute a Cost Sharing Agreement with the County of Santa Clara (County) for COVID-19 related activities through December 30, 2020: (a) Payment to the County in the amount of $4,500,000 to support the COVID-19 Isolation and Quarantine Support Program to contain and mitigate community spread of COVID-19; (b) Payment to the County in the amount of $500,000 to support and expand the Community Health and Business Engagement Teams; and, (c) Receipt of $724,000 from the County to fund the City's meal delivery for non-San José residents that are COVID-19 vulnerable homeless persons staying in motels as part of the Isolation and Quarantine Support Program. 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 10/21/2020 - Item A.1.a] [Deferred from 10/27/2020 - Item 8.6 (20-1365)] Attachments Memorandum Presentation Presentation, 10/27/2020 City of San José Page 17 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 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 (a) 20-1321 C20-002 - Conforming Rezoning on Certain Real Property Located at 2586 Seaboard Avenue. - DROP Recommendation: Approve an ordinance rezoning certain real property from the LI Light Industrial Zoning District to the CIC Combined Industrial/Commercial Zoning District on an approximately 0.78-gross acre site located at 2586 Seaboard Avenue. CEQA: Determination of Consistency with the Envision San José 2040 General Plan EIR (Resolution No. 76041) and the Envision San José General Plan Supplemental EIR (Resolution No. 77617), and Addenda thereto. Council District 4. (Planning, Building and Code Enforcement) DROPPED TO BE NOTICED AT A LATER DATE PER ADMINISTRATION END OF CONSENT CALENDAR 10 Land Use - Regular Agenda • 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. • Notice of City Engineer's Pending Decision on Final Maps City of San José Page 18 Printed on 11/3/2020 City Council Amended Agenda November 3, 2020 FOR RECEIPT: Tract: 10505 Location: North side of Norwood Avenue, approximately 110 feet westerly of Norcross Drive District: 8 Lots/Units: 5/4 Type: SFD Developer: Ramon Hernandez, RH Concrete • Adjournment City of San José Page 19 Printed on 11/3/2020 City Council Amended Agenda November 3, 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 20 Printed on 11/3/2020 City Council Amended Agenda November 3, 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 21 Printed on 11/3/2020