City Council

City Council Meeting Amended Agenda Tuesday, October 19, 2021 1:30 PM Hybrid Meeting - Council Chambers and Virtually - https://sanjoseca.zoom.us/j/93052835954 SAM LICCARDO, MAYOR CHAPPIE JONES, VICE MAYOR, DISTRICT 1 SERGIO JIMENEZ, DISTRICT 2 RAUL PERALEZ, DISTRICT 3 DAVID COHEN, DISTRICT 4 MAGDALENA CARRASCO, DISTRICT 5 DEV DAVIS, DISTRICT 6 MAYA ESPARZA, DISTRICT 7 SYLVIA ARENAS, DISTRICT 8 PAM FOLEY, DISTRICT 9 MATT MAHAN, 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. Please go to the Clerk’s Records Database https://records.sanjoseca.gov/Pages/Search.aspx for the final document, or you many also contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanjoseca.gov. 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 19, 2021 * COVID-19 NOTICE * Consistent with AB 361 and City of San Jose Resolution No. 79485 and Resolution No. 80237, Councilmembers may 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 930 5283 5954. 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/93052835954 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. For Closed Captions, please visit the City’s YouTube channel: City of San José Page 4 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 https://www.youtube.com/CityofSanJoseCalifornia, or website livestream https://www.sanjoseca.gov/news-stories/watch-a-meeting. • Call to Order and Roll Call 9:30 a.m. - Closed Session 21-2212 Closed Session Agenda Attachments Closed Session Agenda 1:30 p.m. - Regular Session • Pledge of Allegiance • Invocation (District 9) • 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. * SEE AMENDED ITEM 3.5, "Actions Related to the 9821 SJC Guadalupe Gardens Fencing Project and Temporary Closure of Spring Street and Asbury Streets” 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. Consolidated Open Government and Ethics Resolution No. 77135, Section 2.3.2.1.E.3; Council’s Rules of Conduct, Resolution No. 79367, Rule 3(d); Council Agenda Items’ Placement After Rules During Social Distancing Period Resolution No. 79485. • Closed Session Report To be heard after Ceremonial Items 1. CEREMONIAL ITEMS 1.1 Presentation of a Proclamation declaring National Arts and Humanities awareness for the celebration of culture. (Carrasco) City of San José Page 5 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 1.2 Presentation of a Proclamation declaring National Disability Employment Awareness Month. (Foley) 1.3 Presentation of a Proclamation declaring Freedom of Workplace Bullying Month. (Peralez) 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. 21-2197 Final Adoption of Ordinances. Recommendation: (a) Ordinance No. 30673 - An ordinance of the City of San José Amending Chapter 4.76 of Title 4 of the San José Municipal Code to Amend Section 4.76.345.6 to Temporarily Expand and Extend, from October 1, 2021 through June 30, 2022, Eligibility for the Existing Financial Hardship Exemptions for Low Revenue Generating Small Businesses and Small Business Owners with Limited Household Incomes to Include All Persons Engaged in Business in the City who Satisfy Certain Financial Hardship Requirements. [Passed for Publication on 9/28/2021 - Item 3.7 (21-2108)] (b) Ordinance No. 30674 - An Ordinance of the City of San José Amending Title 25 of the San José Municipal Code to Add a New Chapter 25.18 Entitled “Construction Crane Fee Program”. [Passed for Publication on 9/28/2021 - Item 5.1(a) (21-2109)] (c) Ordinance No. 30675 - An Ordinance of the City of San José Amending, Deleting, and Adding Various Sections of Chapter 6.87 of Title 6 of the San José Municipal Code to Regulate Tobacco Retail Licenses. [Passed for Publication on 9/28/2021 - Item 7.1 (21-2110)] (d) Ordinance No. 30676 - An Ordinance of the City of San José Amending Chapter 4.80 of Title 4 of the San José Municipal Code to Add a New Part to Establish the Building Homes and Jobs Act Fund. [Passed for Publication on 9/28/2021 - Item 8.1(a) (21-2112)] Attachments (b) Ordinance City of San José Page 6 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 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. 2.7 21-2213 Lease of Airport Premises with Southwest Airlines at 1239 Airport Boulevard. Recommendation: Adopt a resolution authorizing the City Manager or designee to negotiate and execute a Third Amendment to the Lease of Airport Premises with Southwest Airlines Co. to: (a) Extend the term of the lease for five additional years, from January 1, 2021 to December 31, 2025; and (b) Revise the termination provision to no less than 90 days written notice from either the Tenant or the City. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Airport) Attachments Memorandum 2.8 21-2229 Proclamation of Indigenous Peoples’ Day. Recommendation: (a) Adopt a resolution proclaiming the second Monday in October as Indigenous Peoples’ Day. (b) Approve an ordinance to amend Section 11.04.040 of Title 11 of the San José Municipal Code to revise City holidays. (c) Adopt a resolution amending City Council Policy 2-1, “Exhibition of Federal, State, and City Flags from City Buildings - All Occasions”. 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 (a) Resolution (b) Ordinance (c) Resolution City of San José Page 7 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 2.9 21-2214 Conditional Summary Vacation, Declaration of Surplus, and Sale of a Portion of North Almaden Boulevard. Recommendation: (a) Adopt a resolution: (1) Approving the report of the Director of Public Works setting forth the facts justifying the conditional summary vacation of an approximately 1,381 square foot portion of North Almaden Boulevard located northeast of the North Almaden Boulevard and East Santa Clara Street intersection (“Subject Property”); (2) Conditionally vacating the Subject Property, which after the satisfaction of the condition, will be superseded by relocation; (3) After satisfaction of the condition, directing the City Clerk to record a certified copy of the resolution of vacation with the Office of the Recorder, County of Santa Clara; and (4) Declaring the Subject Property “exempt surplus land” to the needs of the City. (b) Adopt a resolution authorizing the City Manager, or their designee, to negotiate and execute: (1) Purchase and Sale Agreement with the adjacent property owners Kenneth S. Tersini and the Kenneth S. Tersini Living Trust for the sale of approximately 674 square feet of conditionally vacated City-owned “exempt surplus property” on a portion of Almaden Boulevard, between N. Almaden Boulevard and W. Santa Clara Street, in accordance with Cal Gov. §54221(f)(1)(B) and San José Municipal Code §4.20.070(A), in exchange for the conditionally vacated 674 square feet and Assessor’s Parcel Number 259-35-055 being voluntarily annexed to the Convention Center Facilities District; (2) Purchase and Sale Agreement with adjacent property owner Axis Homeowners Association for the sale of approximately 707 square feet of conditionally vacated City-owned “exempt surplus property” on a portion of Almaden Boulevard, between N. Almaden Boulevard and W. Santa Clara Street, in accordance with to Cal Gov. §54221(f)(1)(B) and San José Municipal Code §4.20.070 in the amount of $1; and (3) All other documents necessary to complete the transactions. CEQA: Supplemental Environmental Impact Report for the Almaden Corner Hotel Project, H18-038. Council District 3. (Economic Development and Cultural Affairs/Public Works) [Deferred from 8/31/2021 - Item 2.8 (21-1886), 9/14/2021 - Item 2.10 (21-1978), 9/21/2021 - Item 2.12 (21-2045) and 9/28/2021 - Item 2.9 (21-2096)] City of San José Page 8 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 Attachments Memorandum Resolution Letters from the Public 2.10 21-2215 Applications for California State Park's Outdoor Equity Grants Program for Residents to Engage in the Family Camp Experience. Recommendation: Adopt resolutions approving the Parks, Recreation and Neighborhood Services Department’s applications to the California Department of Parks and Recreation’s Outdoor Equity Grants Program for the following Project Hope neighborhoods to encourage healthy communities by connecting people with nature through a free experience at Family Camp at Yosemite: (a) Foxdale (Sylvia Cassell Park); (b) Poco Way (Emma Prusch Farm Park); (c) Santee (Fair Swim Center); and (d) Washington (Washington United Youth Center). CEQA: Not a Project, File No. PP17-006, Grant Application with no commitment or obligation to enter into an agreement at the time of application. Council Districts 3, 5, and 7. (Parks, Recreation and Neighborhood Services) Attachments Memorandum (a) Resolution (b) Resolution (c) Resolution (d) Resolution City of San José Page 9 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 2.11 21-2216 Amendment to the Master Agreement with Smartwave Technologies and Infinity Communications & Consulting, Inc. for ESUHSD Community WIFI. - RECOMMEND DEFERRAL Recommendation: Approve the First Amendment to the Master Consultant Agreement with: (a) Smartwave Technologies, LLC, to increase the amount of compensation by $400,000 for a total amount not to exceed $1,400,000, for projects funded by Community Development Block Grant Fund; and (b) Infinity Communications & Consulting, Inc. to decrease the amount of compensation by $400,000 for a total amount not to exceed $200,000 for projects funded by Community Development Block Grant Fund. CEQA: Statutorily Exempt, File No. PP17-001, CEQA Guidelines Section 15262, Feasibility and Planning Studies with no commitment to future actions. (Public Works) RECOMMEND DEFERRAL TO 10/26/2021 PER ADMINISTRATION Attachments Memorandum (a) Agreement (b) Agreement 2.12 21-2217 Funding Agreement with Union Pacific Railroad for Work at Horning Street. Recommendation: Approve the Funding Agreement between the City of San José and the Union Pacific Railroad for surface crossing improvements across the rail tracks at Horning St. along the Warm Springs Subdivision, with an estimated cost to the City of approximately $124,156 and with all work expected to be completed by the end of 2021. CEQA: Categorically Exempt, File No. PP19-036, CEQA Guidelines Section 15301(c), Existing Facilities. Council District 3. (Transportation) Attachments Memorandum Agreement City of San José Page 10 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 2.13 21-2232 Approval of Flickinger Dumpster Day Sponsored by Council District 4 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government Committee on October 6, 2021: (a) Approve the Flickinger Dumpster Day scheduled on October 23, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses, or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Cohen) [Rules Committee referral 10/6/2021 - Item G.1.a] Attachments Memorandum 2.14 21-2264 Amendment to Chapter 4.10 of the San José Municipal Code Related to the Debarment of Contractors. - DEFERRED Recommendation: (a) Approve an ordinance amending Chapter 4.10 of the San José Municipal Code to consolidate, streamline, update and clarify the manner in which the City will conduct contractor debarments. (b) Adopt a resolution repealing Resolution No. 70592, which established procedures for administrative debarment hearings that have been incorporated into Chapter 4.10, as amended, and are therefore no longer needed. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Public Works/Finance) [Deferred from 10/5/2021 - Item 2.10 (21-2133)] DEFERRED TO 11/2/2021 PER ADMINISTRATION Attachments Memorandum Ordinance Resolution City of San José Page 11 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 2.15 21-2271 Retroactive Approval of the Day on the Bay 2021 Sponsored by Council District 4 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government Committee on October 13, 2021: (a) Retroactively approve the Day on the Bay 2021 scheduled on October 16, 2021 as a City Council sponsored Special Event, approve the expenditure of funds, and approve the purchase of gift cards intended as prizes; and (b) Approve and accept donations from various individuals, businesses, or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Cohen) [Rules Committee referral 10/13/2021 - Item G.1.a] Attachments Memorandum City of San José Page 12 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 2.16 21-2274 Approval of Coronado Ave Activation Series Sponsored by Council District 2 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. Recommendation: As recommended by the Rules and Open Government Committee on October 13, 2021: (a) Approve the Coronado Ave Activation Series scheduled from October 8, 2021 through November 12, 2021 as City Council sponsored Special Events and approve the expenditure of funds for the series: (1) Retroactively approve the Culture Night Market scheduled on October 8, 2021; (2) Retroactively approve the Culture Night Market scheduled on October 15, 2021 (tentative); (3) Approve the Halloween Costume Contest and Street Dancing scheduled on October 29, 2021; and (4) Approve the Villagefest scheduled on November 12, 2021. (b) Approve the expenditure of District 2 office budget funds to purchase gift cards and other prizes not to exceed $50 for a free raffle; and (c) Approve and accept donations from various individuals, businesses, or community groups to support the events. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Jimenez) [Rules Committee referral 10/13/2021 - Item G.1.b] Attachments Memorandum 2.17 21-2276 Redistricting Commission Appointment. Recommendation: Appoint the following Commissioner to the Redistricting Commission.: (a) District 3 Seat: Appoint Dee Barragan. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities, resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 10/13/2021 - Item A.1.a] Attachments Memorandum Application 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, Jennifer Maguire (Verbal Report) City of San José Page 13 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. 3.3 21-2218 2020-2021 City Manager's Annual Report. Recommendation: (a) Accept the 2020-2021 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 2020-2021 Annual Report recommendations, as detailed in Section IV (Recommended Budget Adjustments and Clean-Up/Rebudget Actions). 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 2020-2021 Annual Report Presentation - est. 15 minutes Letters from the Public 3.4 21-2219 Extension of Proclamation of Local Emergency Related to COVID-19. Recommendation: Adopt a resolution finding the continued existence of a local emergency and extending until termination of 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 City of San José Page 14 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 3.5 21-2220 Actions Related to the 9821 - SJC Guadalupe Gardens Fencing Project and Temporary Closure of Spring Street and Asbury Streets. Recommendation: (a) Adopt a resolution delegating authority to the Director of Public Works to award the construction contract for the 9821 - SJC Guadalupe Gardens Fencing Project, pursuant to City Charter Section 1217(h), in an amount not greater than $1,500,000. (b) Conduct a public hearing on the proposed temporary closure of Spring Street between Hedding Street and Asbury Street, and Asbury Street between Walnut Street and Irene Street, and Irene Street between Taylor Street and Asbury Street. (c) Adopt a resolution to temporarily close Spring Street between Hedding Street and Asbury Street, and Asbury Street between Walnut Street and Irene Street, and Irene Street between Taylor Street and Asbury Street. (d) Adopt the following 2021-2022 Appropriation Ordinance Amendments in the Airport Renewal and Replacement Fund: (1) Decrease the Ending Fund Balance in the amount of $700,000; and (2) Increase the Guadalupe Gardens Fencing appropriation in the amount of $700,000. (e) Direct the City Manager to: (1) Near term (next two months): Continue trash/debris removal and abatements as previously proposed; install k-rail or other suitable barriers to prevent vehicles from entering abated areas and to deter illegal dumping; close Spring Street to allow additional RV/vehicle parking through the end of Phase III abatements; and provide daily police presence and security patrols to prevent re-encampment of abated areas. (2) Medium term (next 2-8 months): Engage surrounding community and stakeholders, and recommend to Council temporary recreational uses of the site to activate cleared areas; and identify funding sources. (3) Long term (6-18 months): Engage surrounding community and stakeholders to identify permanent compatible public uses and identify funding sources. CEQA: Categorical Exemption, CEQA guidelines Section 15303(e) New Construction or Conversion of Small Structures, File No. ER21-005. (Airport/Parks, Recreation and Neighborhood Services/Public Works/Transportation/City Manager) [Deferred from 9/28/2021 - Item 3.6 (21-2107)] City of San José Page 15 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 Attachments Replacement Memorandum, 9/24/2021 Supplemental Memorandum, 10/15/2021 Memorandum from Mayor, Jones, Peralez & Cohen, 10/15/2021 (a) Resolution (c) Resolution Presentation, 9/28/2021 - est. 5 minutes Presentation, 10/19/2021 - est. 10 minutes Letters from the Public 4. PUBLIC SAFETY SERVICES 5. TRANSPORTATION & AVIATION SERVICES 5.1 21-2221 Actions Related to the 9295 - SJC Airport Accessibility Upgrades - Phase 1 Parking and Roadways Re-Bid Project. Recommendation: Adopt a resolution authorizing the Director of Public Works to: (a) Award and execute the Design-Bid-Build Contract for the Project to the lowest, most responsible bidder Strawn Construction, Inc. in an amount of $5,536,371; (b) Establish a construction contingency of fifteen percent of the amount of the construction contract for the Project; and (c) Negotiate and execute any single and/or multiple contract change orders for the Project up to the contingency amount. CEQA: Determination of Consistency with the Final Environmental Impact Report for the San José International Airport (Resolution Nos. 79497), File No. PP18-103. (Airport/Public Works) Attachments Memorandum Resolution 6. ENVIRONMENTAL & UTILITY SERVICES 7. NEIGHBORHOOD SERVICES 8. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 16 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 8.1 21-2222 Approval of Downtown High-Rise Tax/Fee Waiver for 27 West at 27 S. First Street. Recommendation: Conduct a public hearing to approve a tax/fee waiver in connection with a reduction in construction taxes and the Affordable Housing Impact Fee for a downtown residential high-rise at 27 S. First Street in the amount of $6,393,994, pursuant to California Government Code Section 53083 and Open Government Resolution No. 77135 Section 2.3.2.6 C. CEQA: Addendum to the Downtown Strategy 2040 Final Environmental Impact Report and addenda thereto, Planning File Nos. SP18-016. Council District 3. (Economic Development and Cultural Affairs) Attachments Memorandum Memorandum from Peralez, 10/15/2021 Presentation - est. 5 minutes 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. 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. • Adjournment City of San José Page 17 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 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 18 Printed on 10/19/2021 City Council Amended Agenda October 19, 2021 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 19 Printed on 10/19/2021