City Council

City Council Meeting Amended Agenda Tuesday, November 9, 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 November 9, 2021 * COVID-19 NOTICE * Consistent with AB 361 and City of San Jose Resolution Nos. 79485, 80237 and 80266, 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 11/9/2021 City Council Amended Agenda November 9, 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 21-2341 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) Rabbi Dana Magat, Senior Rabbi at the Temple Emanu-El • 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 1. CEREMONIAL ITEMS 1.1 Presentation of a Commendation to Sergeant Doug Tran in recognition of his being named the National Asian Pacific Islander Prosecutors Association Officer of the Year. (Esparza) 1.2 Presentation of a Proclamation recognizing National Prematurity Awareness Month. (Arenas) 1.3 Presentation of a Proclamation declaring November 15, 2021 as America Recycles Day. (Mayor) 2. CONSENT CALENDAR City of San José Page 5 Printed on 11/9/2021 City Council Amended Agenda November 9, 2021 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. 2.3 Approval of Council Committee Minutes. 2.4 Mayor and Council Excused Absence Requests. 21-2390 Mayor and Council Excused Absence Requests. Recommendation: Request for an excused absence for Councilmember Cohen from the Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole on October 27, 2021 due to illness. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Cohen) [Rules Committee referral 11/3/2021 - Item A.1.a] Attachments Memorandum 2.5 City Council Travel Reports. 2.6 Report from the Council Liaison to the Retirement Boards. 2.7 21-2342 Actions Related to the Construction Contract for 9700 - Police E-Lot Fencing Project Re-Bid at the Southwest Corner of West Mission Street and North San Pedro Street for the Police Department. - DEFERRED Recommendation: (a) Retroactively approve the Director of Public Works establishing a 15 percent construction contingency in the amount of $34,953 for the 9700 - Police E-Lot Fencing Re-bid Project; and (b) Approve a $55,260 increase to the contract contingency for a revised contingency amount of $90,213, to pay for additional work completed by the Contractor for a total revised contract amount of $323,232. CEQA: Exempt, File No. PP19-014, CEQA Guidelines 15301, Existing Facilities. (Public Works) DEFERRED TO 11/16/2021 PER ADMINISTRATION City of San José Page 6 Printed on 11/9/2021 City Council Amended Agenda November 9, 2021 2.8 21-2343 Downtown San José Property-Based Improvement District Annual Financial Report. Recommendation: Approve the Downtown San José Property-Based Improvement District Annual Financial Report for FY 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. (Transportation) Attachments Memorandum 2.9 21-2398 Retroactive Approval of Foxdale Movie Night 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 November 3, 2021: (a) Retroactively approve the Foxdale Movie Night scheduled on October 29, 2021 as a City Council sponsored Special Event and approve the expenditure of funds. (b) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Carrasco) [Rules Committee referral 11/3/2021 - Item G.1.a] Attachments Memorandum 2.10 21-2414 Reproductive Freedom Resolution. Recommendation: As recommended by the Rules and Open Government Committee on November 3, 2021, adopt a resolution affirming the City of San José’s support for reproductive freedom and rights, and calling on Congress to protect reproductive freedom nationwide as prescribed in Roe v. Wade. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Carrasco, Davis, Esparza, Arenas, Foley) [Rules Committee referral 11/3/2021 - Item G.3] Attachments Memorandum Resolution 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, Jennifer Maguire (Verbal Report) City of San José Page 7 Printed on 11/9/2021 City Council Amended Agenda November 9, 2021 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. 3.3 21-2344 Acceptance of Retirement Plans’ Comprehensive Annual Investment Fee Reports for Calendar Year 2020. Recommendation: Accept the following reports: (a) Police and Fire Retirement Plan Comprehensive Annual Fee Report for calendar year 2020. (b) Federated City Employees’ Retirement System Comprehensive Annual Fee report for calendar year 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. (Retirement Services) Attachments Federated Annual Fee Report 2020 Police & Fire Annual Fee Report 2020 City Council Fee Presentation 2021 - est. 7 minutes 3.4 21-2345 Definition of Racial Equity. Recommendation: Discuss the City Administration’s proposed definition of Racial Equity, defined by the Government Alliance on Race and Equity as: When race no longer predicts life outcomes and when outcomes for all groups are improved. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Manager) Attachments Memorandum Memorandum from Arenas, Jimenez, Peralez, Carrasco & Esparza, 11/5/2021 Presentation - est. 5 minutes 4. PUBLIC SAFETY SERVICES 5. TRANSPORTATION & AVIATION SERVICES 6. ENVIRONMENTAL & UTILITY SERVICES City of San José Page 8 Printed on 11/9/2021 City Council Amended Agenda November 9, 2021 6.1 21-2346 San José Clean Energy Application to Become a Scheduling Coordinator with the California Independent System Operator. Recommendation: Adopt a resolution: (a) Authorizing the City Manager, or her authorized designee, to: (1) Execute a Scheduling Coordinator Agreement, and a Meter Service Agreement and to negotiate and execute any other necessary agreements with the California Independent System Operator to establish the City of San José as a Scheduling Coordinator and perform obligations as Scheduling Coordinator for San José Clean Energy; (2) Negotiate and execute an amendment to the Professional Services Agreement for Wholesale Energy Services with the Northern California Power Agency, in coordination with the City Attorney’s Office, to detail the payment and collateral requirements and make any other changes needed for Northern California Power Agency to act as the City’s Scheduling Agent; provided that the amendment will not increase the cost of Northern California Power Agency services or the term of the agreement; and (b) Repealing Resolution No. 78980. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Community Energy) Attachments Memorandum Agreement - Meter Service Agreement - Scheduling Coordinator Resolution Presentation - est. 10 minutes 7. NEIGHBORHOOD SERVICES City of San José Page 9 Printed on 11/9/2021 City Council Amended Agenda November 9, 2021 7.1 21-2347 Long-Term Use Agreement for the Operation of a Six Acre Portion of Emma Prusch Farm Park. Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute a long-term Agreement for up to 25 years with selected service provider, Veggielution, for the purposes of producing food and providing educational programming to enhance and support existing Emma Prusch Farm Park programs for the benefit of the community. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no significant physical changes to the environment. Council District 5. (Parks, Recreation and Neighborhood Services) Attachments Memorandum Supplemental Memorandum, 11/5/2021 Presentation - est. 5 minutes Letters from the Public 8. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 10 Printed on 11/9/2021 City Council Amended Agenda November 9, 2021 8.1 21-2348 Thomas Fallon Statue Deaccession. Recommendation: (a) Approve the deaccession and removal of the Thomas Fallon Statue by artist Robert Glen located at W. Julian Street. (b) Adopt the following 2021-2022 Appropriation Ordinance Amendments in the General Fund: (1) Decrease the Unanticipated/Emergency Maintenance Capital Improvements appropriation to the Public Works Department in the amount of $450,000; and (2) Establish the Thomas Fallon Statue Deaccession City-wide appropriation to the Department of Public Works in the amount of $450,000. CEQA: Categorically Exempt, File No. ER20-225, CEQA Guidelines Section 15301, Existing Facilities. Council District 3. (Economic Development and Cultural Affairs/Public Works/City Manager) Attachments Memorandum Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I Presentation - est. 15 minutes Letters from the Public 9. REDEVELOPMENT – SUCCESSOR AGENCY 10. LAND USE Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item 10.1) as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, staff, or public requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately. 10.1 Land Use on Consent Calendar City of San José Page 11 Printed on 11/9/2021 City Council Amended Agenda November 9, 2021 No Land Use items on Consent Calendar. END OF CONSENT CALENDAR 10 Land Use - Regular Agenda • Notice of City Engineer's Pending Decision on Final Maps FOR APPROVAL: Tract: 10526 Location: West side of Water Street, approximately 130 feet southerly of Southside Drive District: 7 Lots/Units: 6/5 Type: SFA Proposed Decision: Approved Developer: DCITDP.LLC • 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 12 Printed on 11/9/2021 City Council Amended Agenda November 9, 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 13 Printed on 11/9/2021 City Council Amended Agenda November 9, 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 14 Printed on 11/9/2021