City Council

City Council Meeting Amended Agenda Tuesday, October 26, 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 26, 2021 * COVID-19 NOTICE * Consistent with AB 361 and City of San José 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 10/26/2021 City Council Amended Agenda October 26, 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 21-2248 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) District 9 Star Recipients • 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. City of San José Page 5 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 *SEE AMENDED ITEM 2.16, "Amendment to the Master Agreement with Smartwave Technologies for ESUHSD Community WIFI” 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. * SEE NEW ITEM 2.20, "Redistricting Commission Appointment” 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 Filipino American History Month. (Carrasco) 1.2 Presentation of a Commendation to Steve O’Brien and Sage Hopkins for their actions supporting survivors of sexual abuse. (Esparza) 1.3 Presentation of a Commendation to Vince Sunzeri for over a decade of service on the Police and Fire retirement board. (Mayor) 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 10/26/2021 City Council Amended Agenda October 26, 2021 21-2299 Approval of City Council Minutes. Recommendation: (a) City Council Study Session - Parking and Transportation Demand Management Minutes of August 27, 2021. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, and Annual Reports, and Informational Memos that involve no approvals of any City action. Attachments (a) 8/27/2021 CC SS Draft Minutes 2.2 Final Adoption of Ordinances. 2.3 Approval of Council Committee Minutes. City of San José Page 7 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 21-2300 Approval of Council Committee Minutes. Recommendation: (a) Regular Neighborhood Services and Education Committee Meeting Minutes of September 9, 2021. (b) Joint Special Meeting for Neighborhood Services and Education Committee and County of Santa Clara Minutes of September 9, 2021. (c) Regular Community and Economic Development Committee Meeting Minutes of September 27, 2021. (d) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of September 8, 2021. (e) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of September 15, 2021. (f) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of September 22, 2021. (g) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of September 29, 2021. 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) 9/9/2021 NSE Minutes (b) 9/9/2021 SM NSE & SCC Minutes (c) 9/27/2021 CED Minutes (d) 9/8/2021 ROGC Minutes (e) 9/15/2021 ROGC Minutes (f) 9/22/2021 ROGC Minutes (g) 9/29/2021 ROGC 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 8 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 2.7 21-2208 Extension of AB 361 Implementation to Allow Teleconferenced Public Meetings to Continue through November 25, 2021 during the Governor’s Proclaimed COVID State of Emergency. Recommendation: Adopt a resolution finding the continued existence of the need to extend AB 361 implementation and amending the City’s Consolidated Open Government and Ethics Resolution No. 77135 to incorporate the Governor’s proclaimed COVID state of emergency to allow City legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361; to modify agenda noticing and document posting; and to incorporate all future Governor’s Executive Orders regarding the Brown Act into the City’s open government procedures, as deemed appropriate by the City Clerk and City Manager, without further Council action. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk) Attachments Memorandum Resolution 2.8 21-2249 Amendment to Purchase Order with Pump Repair Service Company for Water Pump, Motor and Well Services and Related Products. Recommendation: Adopt a resolution authorizing the City Manager to amend purchase order OP 60338 with Pump Repair Service Company (San Francisco, CA) for water pump, motor and well services and related products to increase compensation by $285,000, for a revised maximum compensation not-to-exceed $570,000 for the last option period ending on May 14, 2022. CEQA: Categorically Exempt, File No. ER21-152, CEQA Guidelines Section 15301, Existing Facilities. (Finance) Attachments Memorandum City of San José Page 9 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 2.9 21-2250 Actions Related to Open Purchase Order with Tucker Construction Company for Emergency Board-Up Services. Recommendation: Adopt a resolution authorizing the City Manager to amend open purchase order OP 57204 with Tucker Construction Company (San José, CA) for emergency board-up services for privately-owned structures, to continue and extend the term of the purchase order and to increase compensation by $330,000 for a revised maximum compensation not to exceed $815,000 for the period November 1, 2021 through May 31, 2022. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) Attachments Memorandum 2.10 21-2251 Actions Related to Purchase Order with Doc Bailey Construction Equipment, Inc for Aerial Truck Rental Services. Recommendation: Adopt a resolution authorizing the City Manager to: (a) Execute a purchase order with Doc Bailey Construction Equipment, Inc. (San Lorenzo, CA) for AT37G aerial truck rental services for an initial twelve-month period, starting on or about October 26, 2021 and ending on or about October 25, 2022 for an amount not-to-exceed $750,000; and (b) Exercise up to four additional one-year options to extend the initial term of the purchase order with the last option year ending on or about October 25, 2026, subject to the annual appropriation of funds. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended resulting in no physical changes to the environment. (Finance) Attachments Memorandum City of San José Page 10 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 2.11 21-2252 Actions Related to Purchase Orders for Electrical Parts and Supplies. Recommendation: Adopt a resolution authorizing the City Manager to: (a) Execute purchase orders with Buckles-Smith Electric Company, Inc. (Santa Clara, CA) and Edges Electrical Group, LLC (San José, CA) for electrical parts and supplies for an initial twelve-month period starting on or about November 1, 2021 and ending on or about October 31, 2022 for a total cumulative compensation not-to-exceed amount of $6,600,000; and (b) Exercise up to four one-year options to extend the term of the purchase orders through on or about October 31, 2026, subject to the annual appropriation of funds. CEQA: Not a Project, File No PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) Attachments Memorandum 2.12 21-2253 Amendment to the Agreement with SkiData, Inc. for the Purchase, Implementation and Maintenance of a Parking Access and Revenue Control System for the Department of Transportation. Recommendation: Adopt a resolution authorizing the City Manager to execute the Third Amendment to the Agreement with SkiData, Inc. (formerly Sentry Control Systems, LLC) (Van Nuys, CA) for the Department of Transportation to extend the initial term of the Agreement for the Purchase, Implementation, and Maintenance of a Parking Access and Revenue Control System from October 31, 2021 to June 30, 2022, under the same terms and conditions, for a maximum compensation not to exceed $6,326,346 during the initial term and execute up to 10 one-year options to extend the term of the Agreement for ongoing support, maintenance, and related professional services through June 30, 2032, 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/Transportation) Attachments Memorandum Agreement City of San José Page 11 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 2.13 21-2254 Amendment to the Agreement with Cal Engineering & Geology, Inc. for Engineering Services for the FEMA Kelley Park Storm Outfall and FEMA Alum Rock Park Mineral Spring Bridge Embankment Projects. Recommendation: Approve the First Amendment to the Standard Agreement with Cal Engineering and Geology, Inc. to extend the term from October 31, 2021 to October 31, 2022 for the sole purpose of allowing the consultant to provide professional engineering services and construction support for the FEMA Kelley Park Outfall (SCSJC88/PW1137) and FEMA Alum Rock Park Mineral Spring Embankment (SCSJG01/PW745) Projects. CEQA: Not a Project, File No. PP18-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works) Attachments Memorandum Agreement 2.14 21-2255 Amendment to the Agreement with Nelson/Nygaard Consulting Associates, Inc. for the San José Emerging Mobility Action Plan. Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute an amendment to the City’s Agreement with Nelson/Nygaard Consulting Associates, Inc. for the San José Emerging Mobility Action Plan to an amount not to exceed $663,040.10. CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. (Transportation) Attachments Memorandum 2.15 21-2256 Warm Springs Quiet Zone. Recommendation: Adopt a resolution authorizing the City Manager to establish a quiet zone within the City of San José portion of the Warm Springs Subdivision railroad corridor, from N. Montgomery St. to Horning St. CEQA: Categorically Exempt, File No. ER20-170, CEQA Guideline Section 15301(c) Existing Facilities. Council District 3. (Transportation) Attachments Memorandum Resolution Letters from the Public City of San José Page 12 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 2.16 21-2301 Amendment to the Master Agreement with Smartwave Technologies for ESUHSD Community WIFI. Recommendation: Approve the First Amendment to the Master Consultant Agreements with SmartWave Technologies, LLC, to increase the maximum amount of compensation by $600,000 for a total amount not to exceed $1,600,000, 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) [Deferred from 10/19/2021 - Item 2.11 (21-2216)] Attachments Memorandum Supplemental Memorandum, 10/22/2021 (a) Agreement (b) Agreement 2.17 21-2312 Approval of Filipino American History Month Flag Raising Ceremony, Tower, and Rotunda Lighting 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 Committee on October 20, 2021: (a) Approve the Filipino American History Month Flag Raising Ceremony as a City Council sponsored Special Event and approve the expenditure of funds; (b) Approve the Filipino American History Month Tower and Rotunda Lighting scheduled from October 28, 2021 through November 4, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; and (c) 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. (Carrasco) [Rules Committee referral 10/20/2021 - Item G.1.a] Attachments Memorandum City of San José Page 13 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 2.18 21-2313 Approval of Berryessa Pumpkin Giveaway and Trash Punx Coyote Creek Cleanup as District 4 City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. Recommendation: (a) Approve the Berryessa Pumpkin Giveaway to be held on October 28, 2021 as a City Council Sponsored Special Event and approve the expenditure of funds; (b) Approve the Trash Punx Coyote Creek Cleanup to be held on October 30, 2021 as a City Council Sponsored Special Event and approve and approve the expenditure of funds; and (c) 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 10/20/2021 - Item A.1.a] Attachments Memorandum 2.19 21-2318 Retroactive Purchase of Raffle Prizes. Recommendation: As recommended by the Rules and Open Government Committee on October 20, 2021, retroactively approve the purchase of two iPads and a laptop for the National Night Out’s raffle giveaway. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative activities resulting in no changes to the physical environment. (Carrasco) [Rules Committee referral 10/20/2021 - Item G.2] Attachments Memorandum 2.20 21-2336 Redistricting Commission Appointment. Recommendation: Appoint the following Commissioner to the Redistricting Commission: (a) Citywide (Chair) Seat: Joanna Rauh CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities, resulting in no changes to the physical environment. (City Clerk) Attachments Memorandum Application 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, Jennifer Maguire (Verbal Report) City of San José Page 14 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 21-2337 (a) City Manager’s COVID-19 Update (Verbal Report). (b) City Manager’s Report on Other City Matters (Verbal Report). Attachments Presentation - est. 15 minutes 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. 3.3 21-2257 Citywide Capital Improvement Program Annual Report. Recommendation: Accept the annual report on the Citywide Capital Improvement Program for Fiscal Year 2020-2021. 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 Memorandum from Jones, 10/26/2021 Presentation - est. 10 minutes 4. PUBLIC SAFETY SERVICES 5. TRANSPORTATION & AVIATION SERVICES 6. ENVIRONMENTAL & UTILITY SERVICES City of San José Page 15 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 6.1 21-2258 Report on Bids and Award of Construction Contract for 7745 - Outfall Channel and Instrumentation Improvements Project at the San José-Santa Clara Regional Wastewater Facility. Recommendation: (a) Adopt a resolution adopting the San José-Santa Clara Regional Wastewater Facility Outfall Bridge and Instrumentation Improvements Project Mitigated Negative Declaration for which an Initial Study was prepared, and a related Mitigation Monitoring and Reporting Program, all in accordance with the California Environmental Quality Act. (b) Report on the bids and award a construction contract for the 7745 - Outfall Channel and Instrumentation Improvements Project to the low bidder, Anvil Builders Inc., for base bid and Add Alternate No. 1, in the amount of $4,297,570 and approve a 15 percent construction contingency in the amount of $644,636. CEQA: Mitigated Negative Declaration for the 7745 - Outfall Channel and Instrumentation Improvements Project. File No. PP19-073. (Environmental Services) Attachments Memorandum TPAC Supplemental Memorandum, 10/19/2021 Resolution Letters from the Public 7. NEIGHBORHOOD SERVICES 7.1 21-2259 Status Report on Encampment Management Strategy and Safe Relocation Policy. Recommendation: Accept the staff report on the status of the development of the City Roadmap priority - Encampment Management and Safe Relocation Policy, including priority objectives, encampment trash service performance, and the 3S (Setbacks, Services, & Sites) work plan timeline for implementation. 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) Attachments Memorandum Memorandum from Liccardo, Jones and Mahan, 10/22/2021 Memorandum from Cohen, 10/26/2021 Presentation - est. 20 minutes City of San José Page 16 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 7.2 21-2260 Amendment to Chapter 9.44, Regulation of Smoking, of Title 9, Health and Safety, of the San José Municipal Code in Alignment with City Council Policy Priority #18: Smoke-Free Housing. - DROP Recommendation: Approve an ordinance amending Chapter 9.44, Regulation of Smoking, of Title 9, Health and Safety, of the San José Municipal Code to prohibit smoking inside multifamily housing units, reduce the exposure to secondhand smoke in alignment with and completion of City Council Policy Priority #18: Smoke Free Housing. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Information Memos that involve no approvals of any City action. (Planning, Building and Code Enforcement) [Deferred from 9/28/2021 - Item 7.2 (21-2111)] DROP Attachments Memorandum Ordinance Presentation, 9/28/2021 - est 10 mins Letters from the Public 8. COMMUNITY & ECONOMIC DEVELOPMENT 9. REDEVELOPMENT – SUCCESSOR AGENCY 10. LAND USE Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item 10.1) as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, staff, or public requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately. 10.1 Land Use on Consent Calendar City of San José Page 17 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 (a) 21-2261 HL21-002 & MA21-002 - Application for City Landmark Designation and Historical Property (Mills Act) Contract for Property Located at 1169 Magnolia Avenue (Neifing House). - TO BE HEARD IMMEDIATELY AFTER CONSENT Recommendation: (1) Adopt a resolution to designate 1169 Magnolia Avenue (Neifing House) as a City Landmark of special historical, architectural, cultural, aesthetic or engineering interest or value of an historic nature; and (2) Adopt a resolution to approve the Historical Property (Mills Act) Contract between the City of San José and property owners Arthur Kao and Rachel Sussman for the property located at 1169 Magnolia Avenue. CEQA: Exempt pursuant to CEQA Guidelines Section 15331 for Historical Resources and Rehabilitation. Council District 6. Historic Landmarks Commission recommends approval (4-0-1, Royer absent). (Planning, Building, and Code Enforcement) TO BE HEARD IMMEDIATELY AFTER CONSENT Attachments Memorandum (1) Resolution (2) Resolution City of San José Page 18 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 (b) 21-2262 PP21-011 - Amendment to Title 20 (Zoning Ordinance or Zoning Code) of the San José Municipal Code. - DEFERRED Recommendation: Approve an ordinance to: (1) Amend Chapter 20.30, Section 20.30.100 to include minor text alteration to Table 20-50, and clarifying changes to Section 20.30.270, ‘Corner lot- Rear setback-Exception for attached garage’, Section 20.30.500, ‘Development standards’, and Section 20.30.530, ‘Height exceptions - Accessory Buildings’; (2) Amend Chapter 20.40, Section 20.40.100 to rectify Table 20-90 to add prior approved text; (3) Amend Chapter 20.50, Section 20.50.100 to rectify Table 20-110 to add prior approved text; (4) Amend Chapter 20.70, Section 20.70.100 to include minor correction to Table 20-140 to incorporate indoor theater use; and (5) Amend Chapter 20.90, Section 20.90.220 to correct a reference to Table 20-190; and to make other technical, non-substantive, or formatting changes within those sections of Title 20 of the San José Municipal Code. CEQA: Determination of Consistency with the Envision San José 2040 General Plan Final Program Environmental Impact Report (FEIR), adopted through Resolution No. 76041, and Supplemental EIR Resolution No. 77617, adopted on December 15, 2015, and Addenda thereto. (Planning, Building, and Code Enforcement) DEFERRED TO 11/30/2021 PER ADMINISTRATION END OF CONSENT CALENDAR 10 Land Use - Regular Agenda City of San José Page 19 Printed on 10/26/2021 City Council Amended Agenda October 26, 2021 10.2 21-2263 C19-031 & SP20-016 - Conforming Rezoning and Special Use Permit for Property Located at 1212 South Winchester Boulevard. - DEFERRED Recommendation: (a) Adopt a resolution adopting the 1212-1224 South Winchester Boulevard Hotel Project Mitigated Negative Declaration, for which an Initial Study was prepared, and the associated Mitigation Monitoring and Reporting Plan, all in accordance with the California Environmental Quality Act (CEQA). (b) Approve an ordinance rezoning certain real property located on the east side of South Winchester Boulevard approximately 270 feet south of Fireside Drive from the R-1-8 Single-Family Residence Zoning District to the CP Commercial Pedestrian Zoning District on an approximately 0.69-gross acre site. (c) Adopt a resolution approving, subject to conditions, a Special Use Permit and Site Development Permit to allow the demolition of two existing commercial buildings and the removal of nine trees (four ordinance-size, five non-ordinance-size) and to allow the construction of an approximately 107,079-square foot, six-story, 119-room hotel with an approximately 49% parking reduction and an alternative parking arrangement on an approximately 0.69-gross acre site. CEQA: Initial Study/Mitigated Negative Declaration for the 1212-1224 South Winchester Boulevard Hotel Project. Council District 1. (Planning, Building, and Code Enforcement) DEFERRED TO 11/16/2021 PER RULES AND OPEN GOVERNMENT COMMITTEE Attachments Memorandum (a) Resolution (b) Ordinance (c) Resolution Letters from the Public • Open Forum Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. • Adjournment City of San José Page 20 Printed on 10/26/2021 City Council Amended Agenda October 26, 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 21 Printed on 10/26/2021 City Council Amended Agenda October 26, 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 22 Printed on 10/26/2021