CITY COUNCIL AGENDA NOVEMBER 1, 2016 ADMINISTRATIVE DRAFT

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1 RULES COMMITTEE October 19, 2016 Agenda Item #A (2) CITY COUNCIL AGENDA NOVEMBER 1, 2016 ADMINISTRATIVE DRAFT CHAPPIE JONES DISTRICT 1 PIERLUIGI OLIVERIO DISTRICT 6 ASH KALRA DISTRICT 2 TAM NGUYEN DISTRICT 7 RAUL PERALEZ DISTRICT 3 SAM LICCARDO MAYOR ROSE HERRERA VICE MAYOR DISTRICT 8 MANH NGUYEN DISTRICT 4 DONALD ROCHA DISTRICT 9 MAGDALENA CARRASCO DISTRICT 5 JOHNNY KHAMIS DISTRICT 10

2 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 Services The internal functions that enable the CSAs to provide direct services to the community in an effective and efficient manner. 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. Neighborhood Services Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life. 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. Environment and Utility Services Manage environmental services and utility systems to ensure a sustainable environment for the community. Public Safety Services Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services. 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.

3 The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 7 p.m. as needed, unless otherwise noted. 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 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 14 th Floor, San José, CA 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. Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for the final document. To request an accommodation or alternative format under the Americans with Disabilities Act for City-sponsored meetings, events or printed materials, please call (408) or (408) as soon as possible, but at least three business days before the meeting. On occasion the City Council may consider agenda items out of order. Call to Order and Roll Call 9:30 a.m. - Closed Session, Call to Order in Council Chambers Open Session, Labor Negotiations Update (See Item 3.2) Adjourn to Closed Session in Council Chambers Conference Room, W133 See Separate Agenda 1:30 p.m. - Regular Session, Council Chambers, City Hall 7:00 p.m. - Public Hearings, Council Chambers, City Hall Invocation (District 10) Pledge of Allegiance 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 CC 11/01/16

4 1. CEREMONIAL ITEMS 2. CONSENT CALENDAR Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, staff, or public requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately. 2.1 Approval of City Council Minutes. Approval of City Council Minutes. (a) Regular Minutes of September 13, (b) Regular Minutes of September 20, (c) Regular Minutes of September 27, CEQA: Not a Project, File No. PP10-069(c), City Administrative Activities. 2.2 Final Adoption of Ordinances. 2.3 Approval of Council Committee Minutes. Approval of Council Committee Minutes. (a) Rules and Open Government Committee Minutes of October 12, (Mayor) (b) Neighborhood Services and Education Committee Minutes of October 13, (Rocha) CEQA: Not a Project, File No. PP10-069(c), City Administrative Activities. 2.4 Mayor and Council Excused Absence Requests. 2.5 City Council Travel Reports. 2.6 Report from the Council Liaison to the Retirement Boards. 2.7 Agreement with Team San José for International Air and Destination Marketing Services. Adopt a resolution authorizing the City Manager to negotiate and execute a two-year Agreement with Team San José for international air service and destination marketing services in an amount not to exceed $850,000. CEQA: Not a Project, File No. PP10-066(e), Agreements/Contracts, Services that involve no physical changes to the environment. (Economic Development) CC 11/01/16

5 2. CONSENT CALENDAR 2.8 Actions Related to the Amendment to the Agreement for the Santa Clara Valley Urban Runoff Pollution Prevention Program. Adopt a resolution: (a) Authorizing the City Manager to execute a Third Amendment to the Agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Countywide Program) that will extend the term of the memorandum of agreement for one fiscal year beyond the termination date of the current National Pollutant Discharge Elimination System stormwater permit, including any administrative extensions, with no change in the cost allocation formula for participation in the Countywide Program; and (b) Authorize the Director of Environmental Services to designate a City representative to serve on the Program Management Committee. CEQA: Not a Project, File No. PP10-066(g), Agreements/Contracts, Memorandum of Understanding. (Environmental Services) 2.9 Amendment to Title 11 of San José Municipal Code Prohibiting Sidewalk Bicycling. Approve an ordinance to amend Section of Title 11 of the San José Municipal Code to add Lincoln Avenue between Coe Avenue and Minnesota Avenue to the list of street segments where bicycling on the sidewalk is prohibited. CEQA: Exempt, File No. PP Council District 6. (Transportation) 3. STRATEGIC SUPPORT SERVICES 3.1 Report of the City Manager, Norberto Dueñas (Verbal Report). 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. 3.3 Amendment to Title 12 of the San José Municipal Code Related to the Lobbyist Ordinance. Approve an ordinance amending Title 12 of the San José Municipal Code to add Section and amend Sections , , , , and to revise Lobbyist Reporting Disclosures and to Clarify Calculation of Fines. CEQA: Not a Project, File No. PP10-068(c) Municipal Code or Policy Change that involves no changes to the physical environment. (City Clerk) CC 11/01/16

6 3. STRATEGIC SUPPORT SERVICES 3.4 Actions Related to the Request for Proposal for the Internet Protocol Television Maintenance and Support Services. Accept the report on the Request for Proposal for the Internet Protocol Television (IPTV) Maintenance and Support Services and adopt a resolution authorizing the City Manager to: (a) Execute an Agreement with G4S Secure Integration LLC (Omaha, NE) for the replacement of obsolete security cameras; security improvements; software support; preventative maintenance; on-call support; and related services for the IPTV system at the Norman Y. Mineta San José International Airport (Airport), for a five-year term ending October 2021, with maximum compensation not-toexceed $478,452 for the initial twelve month period, and $1,760,921 for the five year term, subject to the annual appropriation of funds; (b) Negotiate and execute amendments and/or change orders to cover any unanticipated changes to system requirements as required by the Airport, subject to the appropriation of funds; and (c) Execute up to five one-year options to extend the term of the Agreement after the initial five-year term through October 2026, subject to the annual appropriation of funds. CEQA: Not a Project, File No. PP10-066(a), Agreements/Contracts, Purchase Orders of Supplies, Equipment and Professional Services that involve no changes to the physical environment. (Finance) 4. COMMUNITY & ECONOMIC DEVELOPMENT 4.1 Amendment to Title 20 Related to Nonmedical Marijuana. Adopt an urgency ordinance amending Chapter of Title 20 of the San José Municipal Code to add a new Part 9.8 confirming the prohibition on cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana; confirming limitations on personal cultivation of nonmedical marijuana should Proposition 64 (the Control, Regulate, and Tax Adult Use of Marijuana Act) pass; and setting forth the facts constituting such urgency. CEQA: Not a Project or Exempt, File No. PP16-110, Guidelines Sections 15061(b)(3), No Significant Impact on the Environment and Actions by Regulatory Agencies for Protection of the Environment. (City Attorney/City Manager) CC 11/01/16

7 4. COMMUNITY & ECONOMIC DEVELOPMENT 4.2 Theatre Preservation Fund Revisions. As recommended by the Community and Economic Development Committee on September 26, 2016, accept report on the City Auditor's recommendation concerning the San Jose Theatre Preservation Fund. CEQA: Not a Project, File No. PP10-069(a), Staff Reports that involve no approvals of any City Actions. (Economic Development) [Community and Economic Development Committee referral 9/26/16 Item (d)(4)] 5. NEIGHBORHOOD SERVICES 5.1 Actions Related to the Iris Chang Park Master Plan. (a) Adopt a resolution adopting the Addendum to the North San José Development Policies Update Environmental Impact Report for the Iris Chang Park Master Plan (File No. PP16-087), for which an Initial Study was prepared, all in accordance with the California Environmental Quality Act, as amended, and adopting a related Mitigation Monitoring and Reporting Program; and (b) Approve the Iris Chang Park Master Plan for a new 2.6-acre neighborhood park (APN ). CEQA: Addendum to the North San José Development Policies Update Final EIR, File No. PP Council District 4. (Parks, Recreation and Neighborhood Services) 6. TRANSPORTATION & AVIATION SERVICES 6.1 Airport Grant Applications from the Federal Aviation Administration, Volkswagen Clean Air Act Partial Settlement Trust Fund and Bay Area Air Quality Management District. Adopt a resolution authorizing the City Manager to apply for, execute, and accept upon receipt, grants from the Federal Aviation Administration, Volkswagen Clean Air Act Partial Settlement Trust Fund, and the Bay Area Air Quality Management District in a total amount not to exceed $80.0 million for certain projects at the Norman Y. Mineta San José International Airport CC 11/01/16

8 6. TRANSPORTATION & AVIATION SERVICES 6.1 Airport Grant Applications from the Federal Aviation Administration, Volkswagen Clean Air Act Partial Settlement Trust Fund and Bay Area Air Quality Management District. (Cont d.) CEQA: Resolution Nos and 71451, File No. PP (Upgraded Lighting System for CAT II Approach, Terminal B Expansion Ramp, and Zero Emission Bus Infrastructure); Not a Project, File No. PP10-066(a), Purchase Order of Supplies, Equipment and Profession Services that involve no changes to the physical environment (Airport Noise Monitoring System Replacement and Zero Emissions Buses); Exempt, File No. PP10-066(d), Consultant Services for Design, Study, Research, Inspection Services to determine the feasibility of a project with no commitment to future action (Airport Rescue and Fire Fighting Facility Renovation Design and Airfield Electrical System Upgrades Design); Not a Project, File No. PP10-066(e), Services that involve no physical changes to the environment (Safety Management System and Electronic Airport Layout Plan Development). (Airport) 6.2 Actions Related to the Air Service Support Program for Southwest, United, JetBlue, and Alaska Airlines. (a) Conduct a Public Hearing pursuant to California Government Code Section regarding application of the City s Air Service Support Program, as authorized by the Federal Aviation Administration to Southwest, United, JetBlue, and Alaska Airlines. (b) Adopt a resolution authorizing the City Manager or his designee to provide the City s Air Service Support Program to new air carrier service as outlined in the table below: Airline Southwest JetBlue United United Alaska Market Baltimore- Washington Long Beach Chicago Newark/ New Newark/ New York York Airport BWI LGB ORD EWR EWR Frequency 1 Daily 4 Daily 2 Daily 1 Daily 1 Daily Support Period 18 Months 12 Months 18 Months 18 Months 18 Months Landing Fee Waivers $212,751 $560,226 $432,299 $216,149 $216,149 Marketing Funds $50,000 $25,000 $50,000 $50,000 $50,000 For each airline and corresponding route, landing fees are waived under the program for the qualifying periods and marketing funds are provided to promote the new services. CEQA: Resolutions Nos and 71451, File No. PP (Airport) CC 11/01/16

9 6. TRANSPORTATION & AVIATION SERVICES 6.3 Status Report on the Potential Amendment to the Team San José Agreement for the City s Convention Center Parking Garage. Accept the status report regarding a potential amendment to the Team San José Agreement to include management and operations oversight of the City s Convention Center Parking Garage. CEQA: Not a Project, File No. PP10-069, City Administrative Activities. (Transportation) 7. ENVIRONMENTAL & UTILITY SERVICES 8. PUBLIC SAFETY SERVICES 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 7:00 p.m CC 11/01/16

10 10. GENERAL PLAN PUBLIC HEARINGS No General Plan Public Hearing at this time. 11. PUBLIC HEARINGS ON CONSENT CALENDAR (To be heard by the City Council at 7:00 p.m.) Notice to the public: There will be no separate discussion of Public Hearings Consent Calendar (Item 11.1) 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 Public Hearings Consent Calendar (Item 11.1) and considered separately Public Hearings on Consent Calendar. (a) Planned Development Conforming Rezoning for the Real Property Located on the West Side of Great Oaks Boulevard, Approximately 1,000 feet Northwesterly of Highway 85. Consideration of an ordinance of the City of San José rezoning certain real property on a 78.4-gross acre site, located on the west side of Great Oaks Boulevard, approximately 1,000 feet northwesterly of Highway 85 from the A(PD) Planned Development Zoning District to the A(PD) Planned Development Zoning District to reduce the residential front-to-front building setbacks from 30 feet to 20 feet and the single-family detached side-to-side separations from ten feet to seven feet (istar San Jose LLC, Owner). CEQA: Determination of Consistency with the Great Oaks Mixed Use Project Final Environmental Impact Report (Resolution No ), and the Envision San José 2040 General Plan Final Program EIR (Resolution No ) and the Envision San José 2040 General Plan Supplemental Environmental Impact Report (Resolution No ). Planning, Building and Code Enforcement Director recommends approval. (Planning, Building and Code Enforcement) PDC Council District 2 END OF CONSENT CALENDAR 11.2 Administrative Hearing for an Appeal of the Planning Commission s Approval of a Conditional Use Permit for a Real Property Located at the Southeast Corner of Bollinger Road and Miller Avenue (6164 Bollinger Road). (a) Consideration of the Determination of Consistency with the Envision 2040 Final Environmental Impact Report, adopted by City Council Resolution on November 1, 2011; and, the Envision San José 2040 Final Supplemental Environmental Impact Report adopted by City Council Resolution No on December 15, (Item continued on the next page) CC 11/01/16

11 11. PUBLIC HEARINGS 11.2 Administrative Hearing for an Appeal of the Planning Commission s Approval of a Conditional Use Permit for a Real Property Located at the Southeast Corner of Bollinger Road and Miller Avenue (6164 Bollinger Road). (Cont d.) (b) Conduct an Administrative Hearing on and consider an Appeal of the Planning Commission's approval of Conditional Use Permit File No. CP to construct a 50-foot tall wireless communication facility (monopole), associated equipment enclosure, and emergency generator in the CN Commercial Neighborhood Zoning District, located at the southeast corner of Bollinger Road and Miller Avenue (6164 Bollinger Road) (Marchese Christopher Trustee & Et Al, Owner). (c) Adopt a resolution denying an appeal and approving a Conditional Use Permit No. CP to construct a 50-foot tall wireless communication facility (monopole), associated equipment enclosure, and emergency generator in the CN Commercial Neighborhood Zoning District, located at the southeast corner of Bollinger Road and Miller Avenue (6164 Bollinger Road) (Marchese Christopher Trustee & Et Al, Owner). CEQA: Determination of Consistency with the Envision San José 2040 Final Environmental Impact Report, adopted by City Council Resolution No on November 1, 2011; and, the Envision San José 2040 Final Supplemental Environmental Impact Report adopted by City Council Resolution No on December 15, (Planning, Building and Code Enforcement) CP District 1 (Continued from 8/16/16 Item 11.2 and from 10/18/16 Item 11.2) 11.3 Administrative Hearing for Appeal of the Planning Commission s Approval of a Conditional Use Permit for Real Property Located Approximately 400 feet Southerly of East Santa Clara Street (58 South 1st Street). (a) Consideration of the statutory exemption pursuant to CEQA Guideline Section 15301(a) for Existing Facilities. (b) Conduct an Administrative Hearing on and consider an Appeal of the Planning Commission s approval of a Conditional Use Permit to allow late night use for a public drinking establishment in an existing 8,684-square foot building an approximately 0.15-gross acre site, in the DC Downtown Primary Commercial Zoning District, approximately 400 feet southerly of East Santa Clara Street (58 South 1st Street) (Martin Trust, Owner). (c) Adopt a resolution and make the required findings to either grant or deny the appeal for a Conditional Use Permit to allow late night use for a public drinking establishment in an existing 8,684-square foot building an approximately gross acre site, in the DC Downtown Primary Commercial Zoning District, approximately 400 feet southerly of East Santa Clara Street (58 South 1st Street) (Martin Trust, Owner). (Item continued on the next page) CC 11/01/16

12 11. PUBLIC HEARINGS 11.3 Administrative Hearing for Appeal of the Planning Commission s Approval of a Conditional Use Permit for Real Property Located Approximately 400 feet Southerly of East Santa Clara Street (58 South 1st Street). (Cont d.) Planning Commission recommends approval (4-1-2, Abelite opposed, Allen and Vora abstained). CEQA: Exempt per CEQA Guidelines Section 15301(a) for Existing Facilities. (Planning, Building and Code Enforcement) CP Council District 3 (Deferred from 10/18/16 Item 11.4) 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 CC 11/01/16