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| | | | | * COVID-19 NOTICE * | | |
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| | | | | Consistent with AB 361 and City of San José Resolution Nos. 80628, 80659, 80685, 80724 and 80758, Councilmembers may be teleconferencing from remote locations. | | |
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| | | | | How to observe the Meeting (no public comment): | | |
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| | | | | 1) Cable Channel 26,
2) https://www.sanjoseca.gov/news-stories/watch-a-meeting, or
3) https://www.youtube.com/CityofSanJoseCalifornia
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| | | | | How to submit written Public Comment before the City Council Meeting: | | |
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| | | | | 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 8:00 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.
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| | | | | How to submit written Public Comment during the City Council Meeting: | | |
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| | | | | 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. | | |
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| | | | | How to provide spoken Public Comment during the City Council Meeting: | | |
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| | | | | 1) By Phone: (888) 475 4499. Webinar ID is 889 5708 4529. 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/88957084529
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.
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| | • | | | Call to Order and Roll Call | | |
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| | 9:30 a.m. - | | | Closed Session
See Separate Agenda
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22-1921
| 1 | | | Closed Session Agenda | Closed Session Agenda | | |
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| | 11:00 a.m. - | | | Regular Session | | |
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| | • | | | Pledge of Allegiance | | |
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| | • | | | Invocation (Mayor) | | |
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| | | | | Pastor Jason Reynolds, Senior Pastor of Emmanuel Baptist Church | | |
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| | • | To be heard after Ceremonial Items | | Orders of the Day | | |
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| | | | | Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise.
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| | | | | SEE NEW ITEM 2.41, "Response to 2022 Santa Clara County Civil Grand Jury Report regarding Election Ballot Language” 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; Council AB 361 Implementation Resolution No. 80758, Section 8. | | |
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| | • | | | Adjournment | | |
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| | | | | This meeting is adjourned in memory of Commander Francis “Fran” McVey, who served as President of the United Veterans Council of Santa Clara County, and worked for the City of San Jose for 31 years, most recently as Chief Deputy Director of Environmental Services. A decorated Naval flight officer during the Vietnam War and Cold War, Fran was a tireless advocate for his fellow veterans in our community. Fran’s life was dedicated to service-to his country, to his city, and to our veterans. He leaves behind a grateful community. | | |
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| | • | To be heard after Ceremonial Items | | Closed Session Report | | |
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| | 1. | | | CEREMONIAL ITEMS | | |
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| | 1.1 | | | Presentation of a commendation to the COVID-19 Recovery Task Force and Lived Experience Group for their service to our community. (Peralez)
TO BE HEARD AT 11:00 A.M. | | |
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| | 1.2 | | | Presentation of a proclamation recognizing International Day for the Elimination of Violence Against Women and Human Rights Day. (Arenas)
TO BE HEARD AT 11:00 A.M. | | |
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| | 1.3 | | | Special presentation to Library literacy and reading programs. (Mayor)
TO BE HEARD AT 11:00 A.M. | | |
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| | 1.4 | | | Presentation of a commendation recognizing Estella Inda for her excellent work in organizing and curating the “Story and King: San José’s Lowrider Culture” and “East Side Dreams: The Untold Story of East San José" exhibits that brought awareness of the importance of the Lowrider Culture in our City and the history of East San José. (Peralez)
TO BE HEARD AT 1:30 P.M. | | |
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| | 1.5 | | | Presentation of the last “No Cruising Sign” removed on August 31, 2022 at the End of Cruising Ban Celebration held in the San José City Hall Plaza and Rotunda. This sign will be presented to History San José to commemorate this historic event. (Peralez)
TO BE HEARD AT 1:30 P.M. | | |
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| | 2. | | | CONSENT CALENDAR | | |
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| | | | | 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. | | |
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| | 2.1 | | | Approval of City Council Minutes. | | |
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22-1949
| 1 | | | Approval of Council Minutes | Approval of City Council Minutes. | | |
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| | 2.2 | | | Final Adoption of Ordinances. | | |
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22-1880
| 1 | | | Final Adoption of Ordinance | Final Adoption of Ordinances. | | |
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| | 2.3 | | | Approval of Council Committee Minutes. | | |
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22-1911
| 1 | | | Approval of Council Committee Minutes | Approval of Council Committee Minutes. | | |
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| | 2.4 | | | Mayor and Council Excused Absence Requests. | | |
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| | 2.5 | | | City Council Travel Reports. | | |
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| | 2.6 | | | Report from the Council Liaison to the Retirement Boards. | | |
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22-1827
| 1 | 2.7 | | Consent Agenda | Settlement with County of Santa Clara Related to North San José. | | |
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22-1828
| 1 | 2.8 | | Consent Agenda | Settlement with City of Sunnyvale Related to Sewer Service (Tract 1379). | | |
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22-1833
| 1 | 2.9 | | Consent Agenda | Team San José and the Convention and Visitors Bureau Performance Report Annual Review. | | |
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22-1173
| 1 | 2.10 | | Consent Agenda | Extension of AB 361 Implementation to Allow Teleconferenced Public Meetings and Modified COVID Sunshine Resolution and Procedures to Continue through January 12, 2023 during the Governor’s Proclaimed COVID State of Emergency. | | |
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22-1834
| 1 | 2.11 | | Consent Agenda | Extension of Hiring Incentive Referral Program for City Employees. | | |
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22-1835
| 1 | 2.12 | | Consent Agenda | City Manager’s Travel to San Antonio, Texas. | | |
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22-1837
| 1 | 2.13 | | Consent Agenda | Actions Related to the Agreement with Mission Asset Fund for Berryessa Flea Market Business Transition Program. | | |
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22-1838
| 1 | 2.14 | | Consent Agenda | Master Service Agreement with HydroScience Engineers, Incorporated for Engineering Consulting Services for the San José-Santa Clara Regional Wastewater Facility. | | |
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22-1839
| 1 | 2.15 | | Consent Agenda | Revisions to Council Policy 4-6, Environmentally Preferable Procurement Policy. | | |
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22-1840
| 1 | 2.16 | | Consent Agenda | Actions Related to the Purchase Orders with California Roofing CO, Inc. and Roofline Builders, Inc. for as Required Roofing Repairs and Maintenance Services. | | |
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22-1841
| 1 | 2.17 | | Consent Agenda | Actions Related to the Purchase Order with Pac Machine Co, Inc. for Rental of Towable 12-Inch Diesel Dry/Self Prime Pumps. | | |
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22-1878
| 1 | 2.18 | | Consent Agenda | Amendment to the Purchase Order with MedVet for Pets, Inc. for 24-hour Emergency Veterinary Services. | | |
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22-1843
| 1 | 2.19 | | Consent Agenda | Grant Agreement with Sacred Heart Community Service for the Eviction Diversion and Settlement Program and Appropriation Amendments. | | |
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22-1844
| 1 | 2.20 | | Consent Agenda | Actions Related to the 2023-2024 Hazardous Vegetation Commencement Report. | | |
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22-1845
| 1 | 2.21 | | Consent Agenda | Amendment to the Master Agreement with Sasaki, Walker, and Associates Group for Landscape Architecture, Architecture, Environmental, and Engineering Services. | | |
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22-1846
| 1 | 2.22 | | Consent Agenda | Amendment to the Agreements with AlClear, LLC for Transportation Security Administration Pre-Check at the Airport. | | |
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22-1847
| 1 | 2.23 | | Consent Agenda | Design-Build Contract for the 9308 - Norman Y. Mineta San José International Airport New Facilities Division Building(s) - Rebid Project. | | |
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22-1848
| 1 | 2.24 | | Consent Agenda | Actions Related to the 8704-Norman Y. Mineta San José International Airport TSA Magazine Relocation Project. | | |
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22-1849
| 1 | 2.25 | | Consent Agenda | Actions Related to the 9405-Norman Y. Mineta San José International Airport Perimeter Protection Project Re-Bid II Project. | | |
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22-1850
| 1 | 2.26 | | Consent Agenda | Acceptance of the Office of Juvenile Justice and Delinquency Prevention Program Fiscal Year 2022 Internet Crimes Against Children Task Force Invited Awards in the Amount of $618,790 and Funding Sources Resolution and Appropriation Amendments. | | |
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22-1851
| 1 | 2.27 | | Consent Agenda | Purchase and Sale of Agreement with the County of Santa Clara for the Acquisition of Property Located at Tuers Road and Capitol Expressway. | | |
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22-1852
| 1 | 2.28 | | Consent Agenda | Agreement with the Enterprise Foundation for the San José Cannabis Equity Business Academy. | | |
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22-1854
| 1 | 2.29 | | Consent Agenda | Agreement with Caltrans for 280 Almaden Avenue Beautification Improvement Project. | | |
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22-1855
| 1 | 2.30 | | Consent Agenda | Fiscal Year 2021-2022 Traffic Impact Fee Report. | | |
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22-1856
| 1 | 2.31 | | Consent Agenda | On-Call Consulting Services with Advanced Mobility Group for Citywide Engineering and Traffic Survey Services. | | |
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22-1913
| 1 | 2.32 | | Consent Agenda | Declaration and Recording a Statement of the Results of the November 8, 2022 General Municipal Election and Special Municipal Election. | | |
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22-1918
| 1 | 2.33 | | Consent Agenda | Boards and Commissions Appointment. | | |
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22-1939
| 1 | 2.34 | | Consent Agenda | Request for Travel and Excused Absence. | | |
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22-1940
| 1 | 2.35 | | Consent Agenda | Participation in the Law Enforcement Support Office Program. | | |
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22-1947
| 1 | 2.36 | | Consent Agenda | Resolutions Denouncing Hate Crimes and Islamophobia. | | |
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22-1920
| 1 | 2.37 | | Consent Agenda | Retroactive Approval of Multiple Special Events Sponsored by Council District 5 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. | | |
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22-1925
| 1 | 2.38 | | Consent Agenda | Approval of the End of Term Celebration Event Sponsored by the Mayor's Office as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. | | |
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22-1929
| 1 | 2.39 | | Consent Agenda | Retroactive Approval of the Tree Planting Event at Orchard School 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. | | |
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22-1936
| 1 | 2.40 | | Consent Agenda | Approval of Multiple Special Events Sponsored by Council District 7 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. | | |
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22-1948
| 1 | 2.41 | | Consent Agenda | Response to 2022 Santa Clara County Civil Grand Jury Report regarding Election Ballot Language. | | |
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| | 3. | | | STRATEGIC SUPPORT | | |
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| | 3.1 | | | Report of the City Manager, Jennifer Maguire (Verbal Report) | | |
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| | 3.2 | Accept Labor Negotiations Update.
TO BE HEARD AT 9:30 A.M. | | Labor Negotiations Update. | | |
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22-1857
| 1 | 3.3 | | Strategic Support | 2022-2023 City Initiatives Roadmap First Quarter Status Report. | | |
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22-1842
| 1 | 3.4 | | Strategic Support | San José Clean Energy Revolving Credit Agreement. | | |
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22-1919
| 1 | 3.5 | | Strategic Support | Appeals Hearing Board Interview. | | |
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22-1941
| 1 | 3.6 | | Strategic Support | Approval of the Terms of an Agreement with the San Jose Police Officers’ Association (SJPOA) for the Term of July 1, 2022 Through June 30, 2025. | | |
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22-1944
| 1 | 3.7 | | Strategic Support | Waiver of Revolving Door Restrictions. | | |
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| | 4. | | | PUBLIC SAFETY SERVICES | | |
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22-1879
| 1 | 4.1 | | Public Safety | Report on the Investigations of Police Misconduct in San Jose by Moeel Lah Fakhoury, LLP. | | |
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| | 5. | | | TRANSPORTATION & AVIATION SERVICES | | |
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22-1937
| 1 | 5.1 | | Transportation & Aviation Services | Design-Build Contract for the 9308 - Norman Y. Mineta San José International Airport New Facilities Division Building(s) - Rebid Project. - RENUMBERED FROM ITEM 2.23 | | |
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| | 6. | | | ENVIRONMENTAL & UTILITY SERVICES | | |
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22-1858
| 1 | 6.1 | | Environmental & Utility Services | Action Related to Long Term Renewable Energy and Resource Adequacy Contracts. | | |
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22-1836
| 1 | 6.2 | | Environmental & Utility Services | Amendment to San José Municipal Code Titles 2, 4, and 26 and Title 28 for Electric Service. - DROP | | |
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22-1859
| 1 | 6.3 | | Environmental & Utility Services | Amendment to the Master Consultant Agreement with Stantec Consulting Services Inc. for Program Management Services for the San José-Santa Clara Regional Wastewater Facility Capital Improvement Program. | | |
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22-1860
| 1 | 6.4 | | Environmental & Utility Services | Award of Dewatered Biosolids Transportation and Beneficial Use Service Agreements for the San José-Santa Clara Regional Wastewater Facility. | | |
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22-1861
| 1 | 6.5 | | Environmental & Utility Services | Approval of the Updated Direct Discharge Trash Control Plan. | | |
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| | 7. | | | NEIGHBORHOOD SERVICES | | |
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| | 8. | | | COMMUNITY & ECONOMIC DEVELOPMENT | | |
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22-1862
| 1 | 8.1 | | Community & Economic Development | Community Stabilization and Opportunity Pathways Fund Commission. | | |
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22-1868
| 1 | 8.2 | | Community & Economic Development | Electronic Billboards on City-Owned Property Status Report. | | |
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22-1863
| 1 | 8.3 | | Community & Economic Development | Approval of a Funding Commitment for Second Street Studios Development Located at 1144 Second Street. | | |
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22-1864
| 1 | 8.4 | | Community & Economic Development | Actions Related to the Homekey Program Round 2 Funds for Capital Acquisition and Rehabilitation of the Pacific Motor Inn Site Located at 455 South Second Street. | | |
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| | 9. | | | REDEVELOPMENT – SUCCESSOR AGENCY | | |
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| | • | | | Open Forum | | |
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| | | | | If the Regular Session agenda items end after 6:00 p.m., this Open Forum will be held at the end of the full meeting concurrently with the Evening Session 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. | | |
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| | • | | | Council will recess until 6:00 p.m. | | |
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| | 10. | | | LAND USE | | |
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| | | | | 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. | | |
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| | 10.1 | | | Land Use on Consent Calendar | | |
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22-1869
| 1 | (a) | | Land Use Consent Agenda | GPT22-003 & ER22-0269- City-Initiated General Plan Text Amendment to Amend the Envision San José 2040 General Plan State that Commercial Space Requirement no Longer Applies to Affordable Housing Citywide and Association Revisions. | | |
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22-1870
| 1 | (b) | | Land Use Consent Agenda | GPT22-004 - City-Initiated General Plan Text Amendment for Privately-Initiated General Plan Application and Associated Minor Revisions. | | |
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22-1871
| 1 | (c) | | Land Use Consent Agenda | PDC21-017, PD21-004 & ER21-079 - Planned Development Rezoning and Planned Development Permit for Certain Real Property Located at 500 Piercy Road. | | |
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22-1872
| 1 | (d) | | Land Use Consent Agenda | PDC21-019, PD21-006, PT21-002 & ER21-086 - Planned Development Rezoning, Planned Development Permit and Vesting Tentative Map for Certain Real Property Located at the East Side of Camden Avenue, between Malpas Drive and Canna Lane (APN 567-26-014). | | |
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22-1873
| 1 | (e) | | Land Use Consent Agenda | C22-100, C22-102, C22-103, C22-105, C22-106, C22-107, C22-108, C22-109 - City-Initiated Rezoning of 250 Parcels to Align a Property’s Zoning Designation to Its General Plan Land Use Designation in Response to Senate Bill 1333. | | |
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| | | | | END OF CONSENT CALENDAR | | |
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| | 10 | | | Land Use - Regular Agenda | | |
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22-1874
| 1 | 10.2 | | Land Use Regular Agenda | H20-037 & ER20-242 - Site Development Permit for Certain Real Property Located on the South Corner of Fountain Alley and South 2nd Street (35 South 2nd Street). | | |
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22-1875
| 1 | 10.3 | | Land Use Regular Agenda | H20-026 - Administrative Hearing on the Environmental Appeal of the Eterna Tower Mixed-Use Development Project Addendum to the Downtown Strategy 2040 Final Environmental Impact Report. | | |
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| | • | | | Open Forum | | |
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| | | | | 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. | | |
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| | • | | | Adjournment | | |
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| | | | | This meeting is adjourned in memory of Commander Francis “Fran” McVey, who served as President of the United Veterans Council of Santa Clara County, and worked for the City of San Jose for 31 years, most recently as Chief Deputy Director of Environmental Services. A decorated Naval flight officer during the Vietnam War and Cold War, Fran was a tireless advocate for his fellow veterans in our community. Fran’s life was dedicated to service-to his country, to his city, and to our veterans. He leaves behind a grateful community. | | |
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