City Council

City Council Meeting Amended Agenda Tuesday, April 26, 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 April 26, 2022 * COVID-19 NOTICE * Consistent with AB 361 and City of San José Resolution Nos. 79485, 80237, 80266, 80290, 80323, 80343, 80363, 80400 and 80445, 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 4/28/2022 City Council Amended Agenda April 26, 2022 Interpretation is available in Spanish. In your webinar controls, select “Interpretation.” Click the language you would like to hear. 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 22-570 Closed Session Agenda Attachments Closed Session Agenda 1:30 p.m.- Regular Session 6:00 p.m.- Evening Session • Pledge of Allegiance • Invocation (District 4) Kateryna Pistunova • 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 proclamation declaring Children's Day celebrated on Saturday, April 30, 2022 to recognize children as an important part of society and the importance of loving, accepting and appreciating children. (Carrasco) 1.2 Presentation of a proclamation recognizing Sexual Assault Awareness Month. (Arenas) 1.3 Presentation of a commendation to the Bay Area Furniture Bank. (Mayor) City of San José Page 5 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 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. 22-622 Approval of City Council Minutes. Recommendation: (a) City Council Special Meeting - General Charter Review Commission Recommendations Minutes of April 11, 2022. 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) 4/11/2022 CC SM Minutes 2.2 Final Adoption of Ordinances. City of San José Page 6 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 22-604 Final Adoption of Ordinances. Recommendation: (a) Ordinance No. 30752 - An Ordinance of the City of San José Rezoning 115 Properties from the R-M Multiple Residence Zoning District to the UR Urban Residential Zoning District, 87 Properties from the R-M Multiple Residence Zoning District to the Mun Mixed Use Neighborhood Zoning District, 41 Properties from the R-1-8 Single Family Residence Zoning District to the OS Open Space Zoning District, 23 Properties from the R-M Multiple Residence Zoning District to the OS Open Space Zoning District, Eight Properties from the R-2 Single Family Residence Zoning District to the UR Urban Residential Zoning District, Five Properties from the CO Commercial Office Zoning District to the OS Open Space Zoning District, Four Properties from the CP Commercial Pedestrian Zoning District to the OS Open Space Zoning District, Four Properties from the R-1-8 Single Family Residence Zoning District to The PQP Public/Quasi-Public Zoning District, Three Properties from the CO Commercial Office Zoning District to the R-1-8 Single Family Residence Zoning District, Two Properties from the CN Commercial Neighborhood Zoning District to the R-1-8 Single Family Residence Zoning District, One Property from the R-1-2 Single Family Zoning District to the Mun Mixed Use Neighborhood Zoning District, One Property from the R-2 Single Family Residence Zoning District to the OS Open Space Zoning District, One Property from the R-1-5 Single Family Residence Zoning District to the OS Open Space Zoning District, One Property from the R-1-2 Single Family Residence Zoning District to the PQP Public/Quasi-Public Zoning District, One Property from the A Agricultural Zoning District to the R-1-8 Single Family Residence Zoning District, and One Property from the CP Commercial Pedestrian Zoning District to the UR Urban Residential Zoning District, Located in Various Locations on those Certain Real Properties within the City of San José. [Passed for Publication on 4/12/2022 - Item 10.1(a) (22-487)] (b) Ordinance No. 30755 - An Ordinance of the City of San José authorizing the use of alternative project delivery methods and to establish certain requirements for procurements and contracts related to the proposed Airport Connector Project. [Passed for Publication on 4/19/2022 - Item 2.12 (22-514)] 2.3 Approval of Council Committee Minutes. City of San José Page 7 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 22-580 Approval of Council Committee Minutes. Recommendation: (a) Regular Community and Economic Development Committee Meeting Minutes of February 28, 2022. (b) Regular Community and Economic Development Committee Meeting Minutes of March 28, 2022. (c) Regular Smart Cities and Service Improvements Committee Meeting Minutes of March 3, 2022. (d) Regular Smart Cities and Service Improvements Committee Meeting Minutes of April 7, 2022. (e) Regular Transportation and Environment Committee Meeting Minutes of March 7, 2022. (f) Regular Transportation and Environment Committee Meeting Minutes of April 4, 2022. (g) Regular Neighborhood Services and Education Committee Meeting Minutes of March 10, 2022. (h) Regular Neighborhood Services and Education Committee Meeting Minutes of April 14, 2022. (i) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of March 16, 2022. (j) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of March 23, 2022. (k) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of March 30, 2022. (l) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of April 6, 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. City of San José Page 8 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 Attachments (a) 2/28/2022 CED Minutes (b) 3/28/2022 CED Minutes (c) 3/3/2022 Smart Cities Minutes (d) 4/7/2022 Smart Cities Minutes (e) 3/7/2022 T&E Minutes (f) 4/4/2022 T&E Minutes (g) 3/10/2022 NSE Minutes (h) 4/14/2022 NSE Minutes (i) 3/16/2022 ROGC Minutes (j) 3/23/2022 ROGC Minutes (k) 3/30/2022 ROGC Minutes (l) 4/6/2022 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 9 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 2.7 22-552 Actions Related to the Agreement with Hewlett Packard Incorporated for Ground Lease Termination. Recommendation: (a) Adopt a resolution authorizing the City Manager or designee to negotiate and execute a Third Amendment to the Ground Lease of Parcel W-9 Agreement with Hewlett Packard Incorporated (HPI) to terminate the agreement early, effective upon execution by the City with a payment to HPI of $1,500,000. (b) Adopt the following 2021-2022 Appropriation Ordinance and Funding Sources Resolution amendments in the Airport Renewal and Replacement Fund: (1) Increase the Transfers and Reimbursements by $1,500,000; and (2) Establish the Hewlett Packard Incorporated Lease Buyout appropriation to the Airport Department in the amount of $1,500,000. (c) Adopt the following 2021-2022 Appropriation Ordinance amendments in the Airport Revenue Fund: (1) Increase the Transfer to the Airport Surplus Revenue Fund by $1,500,000; and (2) Decrease the Airline Agreement Reserve by $1,500,000. (d) Adopt the following 2021-2022 Appropriation Ordinance and Funding Sources Resolution amendments in the Airport Surplus Revenue Fund: (1) Increase the Transfers and Reimbursements by $1,500,000; and (2) Increase the Transfer to the Airport Renewal and Replacement Fund by $1,500,000. CEQA: File No. PP17-003 Not a Project, Agreements/Contracts resulting in no physical changes to the environment. (Airport/City Manager) Attachments Memorandum City of San José Page 10 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 2.8 22-553 2020-2021 Annual Development In-Lieu Fee Report. Recommendation: Adopt a resolution: (a) Accepting the Fiscal Year 2020-2021 Annual Development In-Lieu Fee Report regarding in-lieu fees collected by the City from developers in lieu of construction of public improvements; and (b) Making certain findings as required by Government Code Section 66001(d)(1). 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 Resolution 2.9 22-554 City Roadmap - Pavement, Fire, EOC, Transit Capital Improvements: Pavement Maintenance Projects for 2022-2023 Road Maintenance and Rehabilitation Account Funding from Senate Bill 1 - Road Repair and Accountability Act of 2017. Recommendation: Adopt a resolution approving a list of pavement maintenance projects eligible for San José’s 2022-2023 allocation of the Road Maintenance and Rehabilitation Account funding, which was made available by the approval of Senate Bill No. 1, otherwise known as the Road Repair and Accountability Act of 2017. CEQA: Exempt, File No. PP18-029, CEQA Guidelines Section 15301(c), Existing Facilities. (Transportation) Attachments Memorandum Resolution City of San José Page 11 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 2.10 22-555 City Roadmap - Pavement, Fire, EOC, Transit Capital Improvements: 2022 Major Streets Concrete & ADA Ramps Major Project #1 and 2022 Major Streets Remove and Replace Asphalt Concrete Pavement Project. Recommendation: (a) Approve award of a construction contract for the 2022 Major Streets Concrete & ADA Ramps Major Project #1, to the low bidder, Wattis Construction Company, Inc., in the amount of $1,675,733 and approve an approximate 10% contingency in the amount of $167,600. (b) Approve award of a construction contract for the 2022 Major Streets Remove and Replace Asphalt Concrete Pavement Project, to the low bidder, O’Grady Paving, Inc., in the amount of $748,035 and approve an approximate 10% contingency in the amount of $74,800. CEQA: Exempt, File No. PP18-029, CEQA Guidelines Section 15301(c), Existing Facilities. (Transportation) Attachments Memorandum 2.11 22-556 City Roadmap - Pavement, Fire, EOC, Transit Capital Improvements: 2022 Local Streets Remove & Replace Project. Recommendation: (a) Approve award of a construction contract for the 2022 Local Streets Remove & Replace Project, to the lowest bidder, O’Grady Paving Inc., in the amount of $2,918,400. (b) Approve an approximate 10% contingency in the amount of $291,000. CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines Section 15301(c), Existing Facilities. (Transportation) Attachments Memorandum 2.12 22-557 City Roadmap - Pavement, Fire, EOC, Transit Capital Improvements: 2022 Local Streets Concrete #1 Project. Recommendation: (a) Approve award of a construction contract for the 2022 Local Streets Concrete #1 Project, to the lowest bidder, Spencon Construction, Inc., in the amount of $1,687,130. (b) Approve an approximate 10% contingency in the amount of $168,000. CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines Section 15301(c), Existing Facilities. (Transportation) Attachments Memorandum City of San José Page 12 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 2.13 22-558 City Roadmap - Pavement, Fire, EOC, Transit Capital Improvements: 2022 Local Streets Concrete #2 Project. Recommendation: (a) Approve award of a construction contract for the 2022 Local Streets Concrete #2 Project, to the lowest bidder, Spencon Construction, Inc., in the amount of $1,624,060. (b) Approve an approximate 10% contingency in the amount of $162,000. CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines Section 15301(c), Existing Facilities. (Transportation) Attachments Memorandum 2.14 22-628 Approval of City Hall Free Use for the Safer Streets Town Hall Event Sponsored by Council District 3 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 April 20, 2022: (a) Adopt a resolution authorizing “Free Use” for events and activities held at City Hall on Saturday, May 7, 2022 for the Safer Streets Town Hall hosted by the Council District 3 Office; (b) Approve the Safer Streets Town Hall scheduled on May 7, 2022 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. (Peralez) [Rules Committee referral 4/20/2022 - Item B.4] Attachments Memorandum Resolution City of San José Page 13 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 2.15 22-631 Retroactive Approval of National Donate Life Month Tower and Rotunda Lighting on April 19 - 25, 2022 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 April 20, 2022: (a) Retroactively approve April as National Donate Life Month to be recognized 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. (Carrasco) [Rules Committee referral 4/20/2022 - Item B.6] 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. 3.3 22-561 Environmental Review for New Development Audit. Recommendation: As recommended by the Community and Economic Development Committee on March 28, 2022, accept the report on the Environmental Review for New Development Audit. CEQA: Not a Project, File No. PP17-009, Staff Report, Assessments, annual Reports, and Informational Memos that involve no approvals of any City action. (City Auditor) [Community and Economic Development Committee referral 3/28/2022 - Item D.1] Attachments Memorandum Presentation - Auditor Presentation - PBCE - est. 2 minutes City of San José Page 14 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 3.4 22-562 Review of the Retirement Plans’ Pension and Post-Employment Healthcare Plan Actuarial Valuations as of June 30, 2021, Including the Audit of the Actuarial Valuations. Recommendation: Review the following actuarial valuation reports: (a) Federated City Employees’ Retirement System Actuarial Valuation (Pension) as of June 30, 2021; (b) Federated City Employees’ Retirement System Postemployment Healthcare Plan Actuarial Valuation as of June 30, 2021; (c) Police and Fire Department Retirement Plan Actuarial Valuation (Pension) as of June 30, 2021; (d) Police and Fire Department Postemployment Healthcare Plan Actuarial Valuation as of June 30, 2021; (e) Audit of the Federated City Employees’ Retirement System Actuarial Valuation (Pension) as of June 30, 2021; (f) Audit of the Federated City Employees’ Retirement System Postemployment Healthcare Plan Actuarial Valuation as of June 30, 2021; (g) Audit of the Police and Fire Department Retirement Plan Actuarial Valuation (Pension) as of June 30, 2021; and (h) Audit of the Police and Fire Department Postemployment Healthcare Plan Actuarial Valuation (Pension) as of June 30, 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. (Retirement Services) Attachments Memorandum Attachment (a) Attachment (b) Attachment (c) Attachment (d) Attachment (e) Attachment (f) Attachment (g) Attachment (h) Presentation - est. 10 minutes City of San José Page 15 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 3.5 22-565 Local/Small Business Preferences. Recommendation: As recommended by the Rules and Open Government Committee on April 6, 2022: (a) Approve an ordinance amending Section 27.06.050(g) of Chapter 27.06 of Title 27 of the San José Municipal Code, “Procuring Minor Public Works Projects”, to increase the preference provided if the Contractor is: (1) A Local Business Enterprise from 2.5% to 5%; and (2) A Local and a Small Business Enterprise from 2.5% to 5%. (b) Direct the City Manager or City Manager designee to update procurement preferences for Minor Public Works Contracts accordingly per the approved amendment. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Jones) [Rules Committee referral 4/6/2022 - Item C.1] Attachments Memorandum Section 27.06.050(g) of the San José Municipal Code Early Consideration Response Form Ordinance 4. PUBLIC SAFETY SERVICES 5. TRANSPORTATION & AVIATION SERVICES 6. ENVIRONMENTAL & UTILITY SERVICES City of San José Page 16 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 6.1 22-579 City Roadmap: Climate Smart American Cities Climate Challenge - Climate Smart San José Plan Semi-Annual Update. Recommendation: As recommended by the Transportation and Environment Committee on April 4, 2022, accept an update on Climate Smart San José activities. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Environmental Services) [Transportation and Environment Committee referral 4/4/2022 - Item (d)5] Attachments Memorandum Attachment Memorandum from Liccardo, Jimenez, Peralez, 4/22/2022 Presentation - est. 10 minutes Letters from Public 7. NEIGHBORHOOD SERVICES 7.1 22-566 City Roadmap - Child Care: Spending Plan for American Rescue Plan Funding for Children and Youth Focused Programs and Services. Recommendation: Approve the spending plan for $10.5 million of American Rescue Plan one-time funding to support children and youth focused programs and services beginning in summer 2022 as part of the approved City Roadmap for Fiscal Year 2021-2022. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Information Memorandums that involve no approvals of any City action. (Parks, Recreation and Neighborhood Services/Library) Attachments Memorandum Memorandum from Liccardo, 4/25/2022 Memorandum from Arenas, 4/26/2022 Presentation - est. 12 minutes 8. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 17 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 8.1 22-567 City Roadmap - Emergency Housing Construction + Operations: Proposed Expenditure Plan for the Homeless Housing Assistance and Prevention Program. Recommendation: Adopt a resolution accepting the proposed expenditure plan for the Homeless Housing, Assistance, and Prevention program that will allow the Director of Housing to apply to the State of California’s Homeless Housing, Assistance, and Prevention program for a one-time award in the amount of $29,118,995. 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. (Housing) Attachments Memorandum Resolution Presentation - est. 10 minutes Letters from the Public 8.2 22-568 Public Hearing on the Draft Fiscal Year 2022-23 Annual Action Plan. Recommendation: (a) Conduct a public hearing on the draft Fiscal Year 2022-23 Annual Action Plan for the use of federal funds from the U.S. Department of Housing and Urban Development; and (b) Provide Housing Department staff with input on the draft Fiscal Year 2022-23 Annual Action Plan. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Housing) Attachments Memorandum Supplemental Memorandum - 4/25/2022 Presentation - est. 10 minutes City of San José Page 18 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 8.3 22-636 The Future of San Pedro Square and Post Street. Recommendation: As recommended by the Rules and Open Government Committee on April 20, 2022: (a) Direct City Staff to: (1) Fully convert the existing Al Fresco closure of San Pedro Street between W. Santa Clara Street and St. John Street to a permanent closure including procuring permanent infrastructure to safely facilitate the closure. (2) Commence by summer of this year a weekly closure of Post Street between S. First Street and Lightston Alley from Thursday evening to Sundays and procure all relevant permanent infrastructure to safely facilitate the closure. (i) Return to City Council after one year of commencement of weekly closures to evaluate and consider expanding the closure. (3) Include reasonable design guidelines to maintain consistent aesthetic and operations throughout each of the respective corridors. (b) Direct the City Manager and City Attorney to extend the local emergency order affecting San José Al Fresco to March 31, 2023 to allow for adequate time for implementation of Recommendation #1. CEQA: Categorically Exempt, File No. ER22-099, CEQA Guidelines Section 15301 Existing Facilities. (Peralez) [Rules Committee referral 4/20/2022 - Item C.1] Attachments Memorandum Memorandum from Mayor - 4/26/2022 Early Consideration Response Form Letters from the Public - 1 of 2 Letters from the Public - 2 of 2 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 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 19 Printed on 4/28/2022 City Council Amended Agenda April 26, 2022 No Land Use items on Consent Calendar. END OF CONSENT CALENDAR 10 Land Use - Regular Agenda 10.2 22-569 CP21-012 - Conditional Use Permit and Determination of Public Convenience or Necessity to Allow the Off-Sale of Alcohol for Property Located at 450 North Capitol Avenue. RENOTICED Recommendation: Approve a Conditional Use Permit and Determination of Public Convenience or Necessity to allow the off-sale of alcohol at an existing 124,320-square foot retail store (Target) on an approximately 11.5-gross acre site located at 450 North Capitol Avenue. CEQA: Exempt pursuant to Section 15301(a) for Existing Facilities. Council District 5. (Planning, Building and Code Enforcement) RENOTICED TO 5/10/2022 PER ADMINISTRATION • 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 4/28/2022 City Council Amended Agenda April 26, 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. City of San José Page 21 Printed on 4/28/2022 City Council Amended Agenda April 26, 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 22 Printed on 4/28/2022