City Council
Regular MeetingSan Jose, CA · March 1, 2022
Agenda
City Council Meeting
Amended Agenda
Tuesday, March 1, 2022
1:30 PM
Hybrid Meeting - Council Chambers and Virtually -
https://sanjoseca.zoom.us/j/99346843938
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 the name on the card is
called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for
all participants by calling speakers in an orderly manner.
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 total amount of time allocated for
public testimony for each public speakers or for an agenda item may be limited at the Mayor’s
discretion, depending on the number of speakers or the length of the agenda. (California Government
Code Section 54954.3; Council Policy 0-37)
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 March 1, 2022
* COVID-19 NOTICE *
Consistent with AB 361 and City of San Jose Resolution Nos. 79485, 80237, 80266, 80290, 80323,
80343 and 80363, 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 993 4684 3938. 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/99346843938
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before
speaking. Using multiple devices can cause an audio feedback.
b. Enter an email address and name. The name will be visible online and will be used to notify you that it is
your turn to speak.
c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be
notified shortly before they are called to speak.
d. When called, please limit your remarks to the time limit allotted.
City of San José Page 4 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.”
Click the language you would like to hear.
Thông dịch có sẵn bằng tiếng Tây Ban Nha và tiếng Việt. Trong các điều khiển hội thảo trên web của bạn,
hãy chọn “Interpretation” (Phiên dịch).
Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione
"Interpretation" (Interpretación).
• Call to Order and Roll Call
9:30 a.m.- Closed Session
22-211 Closed Session Agenda
Attachments Closed Session Agenda
1:30 p.m.- Regular Session
6:00 p.m.- Evening Session
*Will not begin until 6 p.m. or until after all afternoon items are heard, whichever is later.
• Pledge of Allegiance
• Invocation (District 3)
Trinity Tomsic, Garden to Table
• 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 NEW ITEM 3.4, "Booster Mandate Repeal” 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.
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City Council Amended Agenda March 1, 2022
• Closed Session Report
To be heard after Ceremonial Items
1. CEREMONIAL ITEMS
1.1 Presentation of a proclamation declaring Women's History Month. (Carrasco)
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 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.
22-254 Approval of City Council Minutes.
Recommendation: (a) City Council Regular Meeting Minutes of March 30, 2021.
(b) City Council Regular Meeting Minutes of March 16, 2021.
(c) City Council Regular Meeting Minutes of October 20, 2020.
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) 3/30/2021 CC Draft Minutes
(b) 3/16/2021 CC Draft Minutes
(c) 10/20/2020 CC Draft Minutes
2.2 Final Adoption of Ordinances.
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22-204 Final Adoption of Ordinances.
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City Council Amended Agenda March 1, 2022
Recommendation: (a) Ordinance No. 30718 - An Ordinance of the City of San José
Rezoning Certain Real Property of Approximately 0.68 Gross Acre,
Located on the East Side of Berger Drive, Approximately 400 Feet
North of Gish Road, from the HI Heavy Industrial Zoning District to LI
Light Industrial Zoning District.
[Passed for Publication on 2/8/2022 - Item 10.1(a)(b) (22-121)]
(b) Ordinance No. 30719 - An Ordinance of the City of San José
Rezoning Certain Real Property of Approximately 1.09-Gross Acres,
Located at the Southwest Corner of Senter Road and Lewis Road
(2905 and 2911 Senter Road) (Assessor Parcel Numbers: 497-22-110,
497-27-111) from the CN Commercial Neighborhood and CP
Commercial Pedestrian Zoning District to the MUC Mixed Use
Commercial Zoning District.
[Passed for Publication on 2/8/2022 - Item 10.2(b)(3) (22-122)]
(c) Ordinance No. 30720 - An Ordinance of the City of San José
Rezoning Certain Real Property of Approximately 0.97 Gross Acre,
Located on the North Side of East Julian Street, Approximately 150
Feet Westerly of Wooster Avenue (1271 East Julian Street) (Assessor
Parcel Numbers: 249-66-010, 249-66-009) from the R-1-8 Single
Family Residence Zoning District to the UR Urban Residential Zoning
District.
[Passed for Publication on 2/8/2022 - Item 10.3(c) (22-123)]
(d) Ordinance No. 30721 - An Ordinance of the City of San José
Rezoning Certain Real Property of Approximately 0.6 Gross Acre,
Located at the South Side of Sharon Drive Approximately 220 Feet
East of South De Anza Boulevard (7246 Sharon Drive) from the CP
Commercial Pedestrian Zoning District to the Mun Mixed Use
Neighborhood Zoning District.
[Passed for Publication on 2/8/2022 - Item 10.4(b)(3) (22-124)]
(e) Ordinance No. 30722 - An Ordinance of the City of San José
Rezoning Certain Real Property of Approximately 0.66 Gross Acre,
Located at the Southeast Corner of Keaton Loop and San Felipe Road
(3354 Keaton Loop) from the A Agriculture Zoning District to the CP
Commercial Pedestrian Zoning District.
[Passed for Publication on 2/8/2022 - Item 10.5(c) (22-125)]
(f) Ordinance No. 30723 - An Ordinance of the City of San José
Amending Sections 2.08.180, 2.08.630, 2.08.1040, 2.08.1060,
2.08.1070, 2.08.1220, 2.08.1230, 2.08.1235, 2.08.1240, and
2.08.1245, and Repealing Part 30 of Chapter 2.08 of Title 2 of the San
José Municipal Code to Make Administrative Amendments, Eliminate
Term Limits for Appeal Hearing Board Members, Eliminate the
City of San José Page 8 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
Election Process for Scheduled Employee Seat Vacancies and
Scheduled Police and Fire Retiree Seat Vacancies with Only One
Applicant, Allow Appointment of Retirement Board Applicants to a
Less than 12-Month Term Plus Subsequent Full Four Year Term, and
Eliminate the Human Services Commission.
[Passed for Publication on 2/15/2022 - Item 2.7 (22-139)]
(g) Ordinance No. 30724 - An Ordinance of the City of San José
Amending Section 3.36.020 of Chapter 3.36 of Title 3 of the San José
Municipal Code to Clarify the Definition of Compensation in the 1961
Police and Fire Department Retirement Plan.
[Passed for Publication on 2/15/2022 - Item 2.8 (22-153)]
(h) Ordinance No. 30726 - An Ordinance of the City of San José
Amending Chapter 6.88 of Title 6 of the San José Municipal Code to
Add Delivery-Only Cannabis Businesses; Allow Up to Ten New
Cannabis Businesses with Equity Business Owners; Allow Current
Cannabis Businesses to Dispense from Two Locations; Amend the
Cannabis Equity Assistance Program; and Make Other Technical,
Non-Substantive, or Formatting Changes.
[Passed for Publication on 2/15/2022 - Items 8.1(c) (22-149) and
10.2(c) (22-152)]
(i) Ordinance No. 30727 - An Ordinance of the City of San José
Amending Title 20 (Zoning Ordinance or Zoning Code) of the San José
Municipal Code to Amend Section 20.40.100 Table 20-90 of Chapter
20.40, Amend Section 20.50.100 Table 20-110 of Chapter 20.50,
Amend Section 20.55.203 Table 20-138 of Chapter 20.55, Amend
Section 20.70.100 Table 20-140 of Chapter 20.70, Amend Section
20.75.200 Table 20-156 of Chapter 20.75, Amend Part 9.75 of Chapter
20.80, Amend Part 9.76 of Chapter 20.80, Amend Part 13 of Chapter
20.100, and to Make Other Technical, Non-Substantive, or Formatting
Changes within those Sections of Title 20 of the San José Municipal
Code.
[Passed for Publication on 2/15/2022 - Item 10.2(b) (22-152)]
Attachments (i) Ordinance
2.3 Approval of Council Committee Minutes.
City of San José Page 9 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
22-209 Approval of Council Committee Minutes.
Recommendation: (a) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of February
9, 2022.
(b) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of February
2, 2022.
(c) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of January
26, 2022.
(d) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of January
19, 2022.
(e) Regular Neighborhood Services and Education Committee Meeting
Minutes of February 10, 2022.
(f) Regular Transportation and Environment Committee Meeting
Minutes of February 7, 2022.
(g) Regular Smart Cities and Service Improvements Committee Meeting
Minutes of February 3, 2022.
(h) Regular Community and Economic Development Committee
Meeting Minutes of January 24, 2022.
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) 2/9/2022 ROGC Minutes
(b) 2/2/2022 ROGC Minutes
(c) 1/26/2022 ROGC Minutes
(d) 1/19/2022 ROGC Minutes
(e) 2/10/2022 NSE Minutes
(f) 2/7/2022 T&E Minutes
(g) 2/3/2022 Smart Cities Minutes
(h) 1/24/2022 CED 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.
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City Council Amended Agenda March 1, 2022
2.7 22-212 Actions Related to the Naming Rights of the Competition Arena at the Ice
Centre of San José.
Recommendation: Adopt a resolution:
(a) Approving the sale by Sharks Ice, LLC of the naming rights to the
Competition Arena at the Ice Centre of San José, and consenting to the
official naming of the Competition Arena as “Tech CU Arena at Sharks
Ice at San José” for the term of the sponsorship agreement ending June
30, 2032.
(b) Delegating to the City Manager, or her designee, the authority to
approve the location, design, size, and appearance of new exterior
signage at the Competition Arena at the Ice Centre of San José to
portray the new name and logo.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. Council District 7. (Economic Development and Cultural
Affairs)
Attachments Memorandum
Resolution
2.8 22-213 Amendment to the Agreement with Stearns, Conrad and Schmidt Consulting
Engineers, Inc. for Residential Solid Waste Characterization Services.
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and
execute an amendment to the Consultant Agreement for waste
characterization services with Stearns, Conrad and Schmidt Consulting
Engineers, Inc., doing business as SCS Engineers, to extend the term of
the Agreement through December 31, 2022 and increase the
compensation to an amount not to exceed $975,000.
CEQA: Not a Project, File No. PP17-002, Consultant services for
design, study, inspection, or other professional services with no
commitment to future action. (Environmental Services)
Attachments Memorandum
City of San José Page 11 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
2.9 22-214 457 Deferred Compensation Plan Investment Fund Agreement.
Recommendation: Adopt a resolution authorizing the City Manager to execute an
agreement and corresponding documents necessary to add the T. Rowe
Price Large Cap Growth Trust Class C Fund, a Collective Investment
Trust, to the investment options in San José’s Voluntary 457 Deferred
Compensation Plan.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. (Human Resources)
Attachments Memorandum
Resolution
2.10 22-215 Approval of the Proposed 2021 Edward Byrne Memorial Justice Assistance
Grant (JAG) Spending Plan; and Adoption of Appropriation Ordinance and
Funding Sources Resolution Amendments in the Edward Byrne Memorial
Justice Assistance Grant Trust Fund in 2021-2022.
Recommendation: (a) Approve the proposed Spending Plan for the 2021 Edward Byrne
Memorial Justice Assistance Grant in the amount of $356,965.
(b) Adopt a resolution accepting the 2021 Edward Byrne Memorial
Justice Assistance Grant in the amount of $356,965 and authorizing the
City Manager to negotiate and execute the Grant Agreement and all
related documents for the grant award received from the U.S.
Department of Justice without further City Council action.
(c) Adopt the following Appropriation Ordinance and Funding Sources
Resolution Amendments in the Edward Byrne Memorial Justice
Assistance Grant Trust Fund:
(1) Increase the estimate for Revenue from Federal Government by
$356,965; and
(2) Establish an appropriation to the Police Department for the 2021
Justice Assistance Grant (JAG) in the amount of $356,965.
CEQA: Not a Project, File No. PP17-004, Government Funding
Mechanism or Fiscal Activity with no commitment to a specific project
which may result in a potentially significant physical impact on the
environment. (Police/City Manager)
Attachments Memorandum
Resolution
City of San José Page 12 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
2.11 22-216 Acceptance of the Office of Juvenile Justice and Delinquency Prevention
Program Fiscal Year 2021 Internet Crimes Against Children Task Force
Invited Awards in the Amount of $534,427 and Funding Sources Resolution
Amendments in the General Fund.
Recommendation: (a) Adopt a resolution accepting the 2021 Internet Crimes Against
Children Task Force Invited Awards in the amount of $534,427 and
authorizing the City Manager to execute the Grant Agreement and to
execute additional amendments and all related documents, including
online certifications at time of reimbursement request, without further
City Council action.
(b) Adopt the following 2021-2022 Appropriation Ordinance and
Funding Sources Resolution amendments in the General Fund:
(1) Increase the appropriation to the Police Department for the Internet
Crimes Against Children (ICAC) Task Force Invited Awards by
$534,427; and
(2) Increase the estimate for Revenue from Federal Government by
$534,427.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Police/City Manager)
Attachments Memorandum
Resolution
City of San José Page 13 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
2.12 22-217 Actions Related to the Construction Contract for the ESUHSD Oak Grove
Community Wi-Fi Infrastructure and Digital Inclusion Program.
Recommendation: Adopt a resolution authorizing the Director of Public Works to:
(a) Award and execute a contract for the construction of the ESUHSD
Oak Grove Community Wi-Fi Infrastructure Project, to the lowest
responsive, responsible bidder in an amount not to exceed $2,000,000;
and
(b) Decide any timely bid protest(s) and make the City’s final
determination as to the lowest responsive bidder that is responsible as
needed to award the contract; and
(c) Establish a construction contingency of up to 10% percent of the
amount of the construction contract for the Project.
CEQA: Statutorily Exempt, File No. PP17-001, CEQA Guidelines
Section 15262, Feasibility and Planning Studies with no commitment to
future actions. Council District 2. (Public Works/Library)
Attachments Memorandum
Resolution
2.13 22-218 Memorandum of Understanding with California High-Speed Rail Authority.
Recommendation: Adopt a resolution authorizing the City Manager to execute the
Memorandum of Understanding with the California High-Speed Rail
Authority.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
Council Districts 2, 3, 6 and 7. (Transportation)
Attachments Memorandum
Memorandum from Peralez, 2/28/2022
Agreement
Letters from the Public
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City Council Amended Agenda March 1, 2022
2.14 22-219 One Bay Area Grant Cycle 2 Resolution of Local Support.
Recommendation: Adopt a “Resolution of Local Support” to receive One Bay Area Grant
Funds Cycle 2 from the Metropolitan Transportation Commission
(MTC) that indicates the City will:
(a) Follow all grant program requirements;
(b) Provide required local match; and
(c) Authorize the City Manager or designee to negotiate and execute
grant agreements and all documents necessary to effectuate the grant
agreements with MTC, including the authority to negotiate and execute
any documents that increase the amount of the grant award or require
an increase of local matching funds, subject to the appropriation of such
funds, in an amount not to exceed $2,067,572 for reimbursement for
the Julian and St. James Couplet Conversion project with a local match
of $565,271.
CEQA: Not a Project, File No. PP17-004, Government Funding
Mechanism or Fiscal Activity with no commitment to a specific project
which may result in a potentially significant physical impact on the
environment. Council District 3. (Transportation)
Attachments Memorandum
Resolution
2.15 22-243 Approval of District 10 SAP Grant for Almaden Valley Women's Club.
Recommendation: As recommended by the Rules and Open Government Committee on
February 16, 2022, approve a $5,000 SAP grant from Council District
10 to support the efforts of the Almaden Valley Women’s Club to
provide recreational and cultural opportunities to the community.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative activities resulting in no changes to the physical
environment. (Mahan)
[Rules Committee referral 2/16/2022 - Item B.2]
Attachments Memorandum
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City Council Amended Agenda March 1, 2022
2.16 22-247 Retroactive Approval of Ruskin 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
February 16, 2022:
(a) Retroactively approve the Ruskin Dumpster Day scheduled on
February 26, 2022 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 2/16/2022 - Item B.3]
Attachments Memorandum
2.17 22-275 Request for Travel Authorization for Mayor Sam Liccardo.
Recommendation: As recommended by the Rules and Open Government Committee on
February 23, 2022, authorize travel for Mayor Liccardo to Miami
Beach, FL from March 2-5, 2022, to attend the United States
Conference of Mayors (USCM) 2022 Winter Leadership Meeting.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. (Liccardo)
[Rules Committee referral 2/23/2022 - Item B.2]
Attachments Memorandum
Supplemental Memorandum
City of San José Page 16 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
2.18 22-279 Approval of Cambrian Dumpster Day Event Sponsored by Council District 9
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
February 23, 2022:
(a) Approve the Cambrian Dumpster Day Event scheduled on March 5,
2022 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. (Foley)
[Rules Committee referral 2/23/2022 - Item B.3]
Attachments Memorandum
2.19 22-283 Approval of Safe Neighbor Training and Ice Cream Social 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
February 23, 2022:
(a) Approve the Safe Neighbor Training and Ice Cream Social
scheduled on March 12, 2022 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 2/23/2022 - Item B.4]
Attachments Memorandum
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
3.2 Labor Negotiations Update.
Accept Labor Negotiations Update.
TO BE HEARD AT 9:30 A.M.
City of San José Page 17 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
3.3 22-223 New Official Logo of San José. - DROP PER MAYOR
[Rules Committee referral 1/19/2022 - Item G.2]
3.4 22-293 Booster Mandate Repeal.
Recommendation: (a) Adopt an Urgency Ordinance repealing Ordinance No. 30711
adopted by Council on January 11, 2022, requiring full COVID-19
vaccination and up-to-date boosters or proof of negative test for public
entry to large indoor events at City-owned facilities.
PLEASE NOTE: APPROVAL OF THIS URGENCY ORDINANCE
REQUIRES 8 OR MORE AFFIRMATIVE VOTES. City Charter
Section 605(d).
(b) Discuss and direct staff to return to Council with a new ordinance
that is more restrictive than the State’s requirements for large indoor
events at City-owned facilities.
CEQA: Not a Project, File No. PP17-008, General Procedure and
Policy Making resulting in no changes to the physical environment.
(Liccardo)
Attachments Replacement Memorandum, 3/1/2022
Ordinance
4. PUBLIC SAFETY SERVICES
4.1 22-224 "Independent After Action Regarding the Events of May 29 - June 7, 2020"
Report and Police Department Response.
Recommendation: (a) Accept the “Independent After Action Regarding the Events of May
29 - June 7, 2020” report prepared by the OIR Group.
(b) Approve the Police Department’s response to the “Independent
After Action Regarding the Events of May 29 - June 7, 2020” report.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Independent Police Auditor/Police)
Attachments (a) Memorandum
(b) Memorandum
Independent After Action Report – OIR Group
Presentation - OIR Group
City of San José Page 18 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
4.2 22-225 Use of Force Assessment of the San José Police Department Report and 21st
Century Policing Assessment of the San José Police Department Report.
Recommendation: (a) Accept the “Use of Force Assessment of the San José Police
Department” report and the “21st Century Policing Assessment of the
San José Police Department” report prepared by CNA Corporation.
(b) Approve the Police Department’s response to the “Use of Force
Assessment of the San José Police Department” report and the “21st
Century Policing Assessment of the San José Police Department”
report.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Independent Police Auditor/Police)
Attachments (a) Memorandum
(b) Memorandum
Use of Force Assessment of the SJPD Report
21st Century Policing Assessment of the SJPD Report
Presentation - CNA
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
City of San José Page 19 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
6.1 22-227 Approval of an Amended and Restated Design-Build Contract for the Design
and Construction of the Digested Sludge Dewatering Facility Project at the
San José-Santa Clara Regional Wastewater Facility.
Recommendation: (a) Approve the Amended and Restated Design-Build Contract with
Walsh Construction Company II, LLC for the final design, construction,
commissioning and acceptance testing of the Digested Sludge
Dewatering Facility Project at the San José-Santa Clara Regional
Wastewater Facility in a lump sum amount not to exceed $131,161,646.
(b) Approve a construction contingency in the amount of $12,115,379
for adjustments to the lump sum contract amount, all in accordance
with the Amended and Restated Design-Build Contract.
(c) Adopt the following 2021-2022 Appropriation Ordinance
Amendments in the San José-Santa Clara Treatment Plant Capital Fund:
(1) Decrease the Yard Piping and Road Improvements appropriation to
the Environmental Services Department by $3,100,000; and
(2) Increase the Digested Sludge Dewatering Facility appropriation to
the Environmental Services Department by $3,100,000.
CEQA: San José-Santa Clara Regional Wastewater Facility Digested
Sludge Dewatering Facility Project Addendum, File No. PP18-018.
(Environmental Services/Public Works/City Manager)
Attachments Memorandum
Supplemental Memorandum, 2/16/2022
Appendix
Agreement
Presentation - est. 10 minutes
7. NEIGHBORHOOD SERVICES
City of San José Page 20 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
7.1 22-239 City-Wide Sustainable Park Maintenance Report.
Recommendation: As recommended by the Neighborhood Services and Education
Committee on February 10, 2022, accept the report on City-wide
sustainable park maintenance, including current service levels and areas
of improvement.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Parks, Recreation and Neighborhood Services)
[Neighborhood Services and Education Committee referral 2/10/2022 -
Item (d)4]
Attachments Memorandum
Attachments
Presentation - NSE
Presentation - est. 15 minutes
8. COMMUNITY & ECONOMIC DEVELOPMENT
City of San José Page 21 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
8.1 22-235 Actions Related to the Allocation of Community Benefit Payment from
Google.
Recommendation: (a) Approve staff’s recommended funding allocation of $4.5 million
community benefit payment from Google as follows:
(1) San José Aspires program in the amount of $1,500,000;
(2) Paid work experience and occupational skills training program in the
amount of $625,000;
(3) Childcare subsidies for training program participants in the amount
of $600,000;
(4) College and career pathways coordinator (three-year project
position) in the amount of $525,000;
(5) Gardner neighborhood programs (specifics still to be determined) in
the amount of $1,000,000; and
(6) Community Stabilization and Opportunity Pathways Fund set-up
work in the amount of $250,000.
(b) Adopt the following 2021-2022 Funding Sources Resolution and
Appropriation Ordinance Amendments in the General Fund:
(1) Increase the estimate for Other Revenue by $4,500,000 and
(2) Establish the Google Community Benefits - Economic
Development City-wide appropriation to the Office of Economic
Development and Cultural Affairs in the amount of $4,500,000.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Economic Development and Cultural Affairs/Library/City Manager)
Attachments Memorandum
Supplemental Memorandum, 2/25/2022
Presentation - est. 5 minutes
9. REDEVELOPMENT – SUCCESSOR AGENCY
• 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.
• Council will recess until 6:00 p.m.
10. LAND USE
City of San José Page 22 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
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 requests discussion on a particular item, that item will be
removed from the Land Use Consent Calendar (Item 10.1) and considered separately.
10.1 Land Use on Consent Calendar
(a) 22-228 PDC18-032 & PD18-042 - Planned Development Rezoning and Planned
Development Permit on Certain Real Property Located Northeast Corner of
Oakland Road and Faulstich Court (Ngo Nghi, Owner). - DEFERRED
Recommendation: (1) Adopt a resolution adopting the Oakland Road Comfort Suites
Project Mitigated Negative Declaration, for which an Initial Study was
prepared, and associated Mitigation Monitoring and Reporting Program,
in accordance with the California Environmental Quality Act, as
amended.
(2) Approve an ordinance of the City of San José rezoning certain real
property of approximately 0.25 acre on the northeast corner of Oakland
Road and Faulstich Court from the CIC Combined
Industrial/Commercial Zoning District to the CIC(PD) Planned
Development Zoning District.
(3) Adopt a resolution, approving subject to conditions, a Planned
Development Permit to allow the construction of a five-story hotel with
up to 48 rooms, an alternative parking arrangement (mechanical lifts),
valet parking, an 8-foot masonry wall, and the removal of one
non-ordinance sized tree on an approximately 0.25-gross acre site.
CEQA: Oakland Road Comfort Suites Project Mitigated Negative
Declaration. Planning Commission recommends approval (10-0-1;
Bonilla absent). Council District 3. (Planning, Building and Code
Enforcement)
[Deferred from 1/11/2022 - Item 10.1 (a) (21-2648)]
DEFERRED TO 3/29/2022 PER RULES AND OPEN
GOVERNMENT COMMITTEE
Attachments Memorandum
(1) Resolution
(2) Ordinance
(3) Resolution
END OF CONSENT CALENDAR
City of San José Page 23 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
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 24 Printed on 3/1/2022
City Council Amended Agenda March 1, 2022
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.
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City Council Amended Agenda March 1, 2022
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 total amount of time allocated for public testimony for each public
speaker or for an agenda item is in the discretion of the Chair of the meeting
and may be limited when appropriate. (California Government Code Section 54954.3; Council Policy
0-37) 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 only the agenda item when called to speak for that item, and only topics
related to City business when called to speak during open forum 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 26 Printed on 3/1/2022