-  San Jose Arena Authority  Regular Meeting of the Board of Directors  October 23, 2024 4:00 pm  Physical Location Below-Teleconference Information at the End of' This Agenda  Excite Ballpark at San Jose 588 E. Alma Avenue San Jose, CA Meeting Agenda  BBSI Futures Club (Left Field Side of Stadium)  Expected Board Attendees John Albers Rossmeri Alfaro Dolores Montenegro Cynthia Bojorquez Kyle Nelson Domingo Candelas Miyuki One Bear  Staff  Michael Lomio  Chris Morrisey (Executive Director) Shelly Wang (Administrative. Assistant) Cameron Day (City Attorney'sOffice) Jon Gustafson (Sharks Sports & Entertainment), James Hamnett (Sharks Sports & Entertainment) Richard Rocha (Sharks Ice at San Jose) Ben Taylor (San Jose Giants)  David Cohen Bill Ekern Martin Flores Nanci Klein  George Sanchez Ruth Shikada Rusty Weekes  Guests  1. Call to OrdeRallcallintodidioms  2. 3.  General Business  a. Review and Approve September 25, 2024 Board Meeting Minutes  Executive Director and Staff Reports  3.1. Executive Director (Morrisey)  a.  Accept Reports on Arena Authority Oversight  SAP Center at San Jose  Sharks Ice at San Jose/Tech CU Arena (Verbal) Excite Ballpark Home of the San Jose Giants (Verbal)  b. Accept Verbal Reports on Arena Authority Administrative Items  VTA/BARTI Downtown/Diridon Community Working Group  South Campus Operations Team  3.2. Administrative Assistant (Wang)  a. b. C.  Accept Verbal Report on Activities at SAP Center at San Jose Accept Verbal Report on. Activities at Sharks Ice at San Jose  Accept Verbal Report on. Activities at Excite Ballpark Home of the San Jose Giants    San Jose Arena Authority Regular Meeting of the Board of Directors October 23, 2024 Page2 4.  Committee Reports  4.1. Standing Executive Committee (Chair: Ekern)  a. C.  Accept Report on Board Member Resignation b. Accept Verbal Report Onl Executive Committee Vacancy Accept Verbal Report on December Annual Meeting d. Review and Approve Executive Director Salary Adjustment  4.2. Standing Finance Committee (Chair: One Bear)  a. a. a.  Review and Approve Quarterly Financial Statements  4.3. Standing San Jose Sports Hall of Fame Committee (Chair: Weekes)  Accept Verbal Report on the 2024 San Jose Sports Hall of] Fame Program Accept Verbal Report on Activities at SAP Center at San Jose b. Accept Report on Invoice. for Capital Repairs and Replacements  4.4. Standing Facilities Committee (Co-Chairs: Ekern) 4.5. Standing Stadium Committee (Chair: Nelson)  a. a. a.  Review and Approve FY 2024-25 Capital Budget Recommendations for Excite Ballpark  4.6. Ad. Hoc Board Recruitment Committee (Chair: One Bear) 4.7. Standing Community Programs Committee (Chair: One Bear)  Accept Verbal Report on Current Board Vacancies (Atl Large and SJDA) Accept Report on City and Community Events Program Applicant  San Jose Sports Hall of Fame  5.  Open Forum/Public Comments  6. Tour of Excite Ballpark Home of the San Jose Giants  You may speak to the Board about any discussion item that is on the agenda. You may also speak during Public Comments on items that are not on the agenda and are within the subject matter jurisdiction of the Board. Please be advised that, by law, the Board is unable to discuss or take  action on issues presented during Public Comments.  7.  Adjournment    San Jose Arena Authority Regular Meeting of the Board of Directors October 23, 2024 Page 3  PUBLIC RECORDS REQUESTS AND AMERICAN DISABILITY ACT  All public records relating to an open session 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 San Jose Arena Authority, SAP Center at San Jose, 525 W. Santa Clara Street, San Jose CA 95113 at the same time that the public records are distributed or made available to the legislative body. To request an accommodation or alternative format for City-sponsored meetings, events or printed materials, please contact the San Jose Arena Authority at 408-977-4780 or contact wang@sjaa.com as soon as possible but at least three  business days before the meeting/event.  CODE OF CONDUCT* City Council Policy 0-37  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.  PUBLICPARTICIPATION AND TELECONFERENCE OPTION  Per City of San Jose Board and Commission Meeting Guidelines, members are now required to attend their board and commission meetings in person. Additionally, anyone from the public wanting to participate in a San Jose Arena Authority meeting may do sO at no cost via Zoom teleconference. For electronic access to this Arena Authority meeting, please use the link and dial  numbers below for a Zoom teleconference connection. htps/asuéweb.zcom.us/,.85623692566 Meeting ID: 8562369/2566 One tap mobile +16694449171,85623692566 US +16699006833,85623692566 US (San Jose) +1669900 6833 US (San Jose) Meeting ID:85623692566  THE LEVINE ACT  The Levine Act requires a Party in a Proceeding before the City of San José that involves any action related to their contract, license, permit, or use entitlement to disclose any campaign contributions to City elected or appointed officials totaling more than $250 within the 12 months prior to the City decision. A Participant to a Proceeding may voluntarily report a campaign contribution. Please visit httpswww.sanjosea.gov/yourgovermentappointees/city-clerklevine-act for updated  forms and information.  October9,2024    SIAA Board Meeting October 23, 2024 Agenda Item 2.a.  -  -  San Jose Arena Authority  Regular Meeting of the Board of Directors  September 25, 2024 4:00 pm  Physical Location Below-Teleconference Information at the End of' This Agenda  SAP Center at San Jose 525 W.Santa Clara Street President's Room San Jose, CA Meeting Minutes  Board Members in Attendance Cynthia Bojorquez Miyuki One Bear  Staffin Attendance  John Albers Bill Ekern Martin Flores Michael Lomio  Dolores Montenegro Ruth Shikada Rusty Weekes  Chris Morrisey (Executivel Director) Shelly Wang (Administrative Assistant) Cameron Day (City Attorney'sOfice) Jon Gustafson (Sharks Sports & Entertainment) Richard Rocha (Sharks Icea at San Jose) Chris Shay (Sharks Sports & Entertainment)  Guests in Attendance  Board Members Not in Attendance Rossmeri Alfaro Nanci Klein Domingo Candelas Kyle Nelson  David Cohen Traci Ferdolage  George Sanchez  1.  Call to Order/Roll Call/Introductions. The. Arena Authority convened the regular meeting of  thel Board of Directors at 4:09pm.  2. General Business  a. Review and Approve June 26, 2024 Board Meeting Minutes. Approved with 7 approvals b. Update on Vendor. Activities at SAPCenter. at San) Jose. Chris Shay, Sharks Sports & Entertainment, presented some of the issues that SAPCenteri is faced with regarding, unpermitted peddlers outside of the arena. Arena Authority Board members have asked staff toj provide recent and past Council memos pertaining to the unpermitted peddlers.  and 1 abstention (Albers). 1st. Montenegro, 2nd. Weekes.  3.  Executive Director and Staff Reports  3.1. Executive Director (Morrisey)  a.  Accept Verbal Reports on Arena Authority Oversight. Tabled for October meeting.  SAP Center at San Iose. Sharks Ice at Sanlee/IxhçUArme Excite Ballpark Home of the San Iose Giants.    San] Jose Arena Authority Regular Meeting of thel Board of Directors September 25, 2024 Page2  b.  Accept Reports on Arena Authority Administrative Items. Tabled for Octoberi meeting.  VTA/BARTDowntown/Diridon Community Working Group.  South Campus Operations Team (Verbal). Emergency Services Council (Verbal).  3.2. Administrative. Assistant (Wang)  a.  Accept Verbal Report on Activities at SAPCenter: at San Iose. In August, SAP Center at San Jose celebrated their 5,000+h event with thel Ringling Bros./Barnum & Bailey Circus. b. Accept Verbal Report on Activities at Sharks Ice at San Jose. Barracuda home opener will take place at' Tech CU Arena on October 19. On November 22, Tech CU will host the San Accept Verbal Report on Activities at Excite Ballpark Home of the San Iose Giants. No d. Accept FY 2023-24 Arena Ticket Distribution Program Report. See notated item 3.2.d.  Jose SharksI Legends game.  C.  report.  4.  Committee Reports  4.1. Standing Executive Committee (Chair: Ekern)  a. b. a.  Accept Verbal Report on Arena Authority Areas of Engagement Chair Ekern discussed the Arena Authoritysantidpated involvement with thei major projects planned adjacent  to the arena.  Accept Board Committee Roster Document. See notated item 4.1.b.  4.2. Standing Finance Committee (Chair: One Bear)  Updateon Ouarterly Financial Statements. SJAA quarterly financial statements willl be  included in the October Board meeting packet.  4.3. Standing San Jose Sports Hall of Fame Committee (Chair: Weekes)  a.  Accept Verbal Report on the 2024 San Jose Sports Hall of] Fame Program. The San) Jose Sports Hall of Fame program will take place on November 13 and induct: John. Arrillaga,  Robert Guerrero, Mikel Holmgren and Kerri Walsh Jennings.  4.4. Standing Facilities Committee (Co-Chairs: Ekern, Ferdolage)  a.  Accept Verbal Report on Activities at SAP Center at San Jose. Tabled for October  meeting,  4.5. Standing Stadium Committee (Chair: Nelson)  a. Accept Verbal Report on October Board Meeting and' Tour atl Excite Ballpark Home of the San Iose Giants. The next Arena Authority Board meeting will take place on October 23at Excite Ballpark Home of the San Jose Giants and will include a tour of the stadium. Accept Report on Board Member Reappointment, See notated item 4.6.a.  4.6. Ad Hoc Board Recruitment Committee (Chair: One Bear)  a. b.  Accept Verbal Report on Current Board Vacancy (San Iose) Downtown Association). The committee continues to seek candidates for the Arena Authority's SJDAr representative Update on] Memorial Service for SIPD CSOLong Pham. See notated item 4.7.a. The  Board vacancy.  4.7. Standing Community Programs Committee (Chair: One Bear)  a.  Executive Director worked directly with SJPD on the service.    San) Jose Arena Authority Regular Meeting of the Board of Directors September 25, 2024 Page3 b.  Review and Approve City and Community Events Program Applicant.  San Iose Sports Hallof Fame. Approved as a $50,000 credit from the CCE: funds. 8 Review and Approve Updated Cityand Community Events Program Public Document.  Approvals. 1*4: Montenegro, 2nd. Weekes.  Approved with 8a approvals. 1*. Onel Bear, 2nd. Montenegro  5. Open Forum/Public Comments. None.  6.  Adjournment. The meeting adjourned at 5:21pm.  Submitted by:  Shelly Wang    SJAABoard] Meeting October 23, 2024 Agenda Item 3.1.a.  CITYOF SANJOSE CAPITAL OF SILICON VALLEY  Memorandum  TO: HONORABLE MAYOR AND CITY COUNCIL Enforcement Pilot  FROM: Rosalynn Hughey Jennifer Schembri DATE: September 11, 2024  SUBJECT: Unpermitted Peddlers  Approved  Date:  9/12/24  INFORMATION  The purpose of this memorandum is to provide an update on staff actions to enhance enforcement of unpermitted food vending in alignment with City Council direction. Staff began coordinating various pilot enforcement strategies, including inspections by the City's Planning, Building, and Code Enforcement Department Code Enforcement Division and the County of Santa Clara Department of Environmental Health (County). This approach has had some early successes, though City and County staffing constraints remain the largest barrier to consistent enforcement. Staff will improve and refine these strategies to implement an enforcement plan for the 2024 downtown  holiday events. BACKGROUND  On September 17,2018, Senate Bill (SB) 946 was signed by Governor Brown.'SB 946 requires cities to allow sidewalk vending (peddling) commencing on January 1, 2019. State law allows for two types of vendors: stationary (a person who vends from a fixed approved location) and roaming (a mobile vendor who moves from place to place and stops only to complete a transaction). The San José Police Department (SJPD) Permits Unit classifies these two types of vendors (respectively) as "approved location peddlers" and "mobile peddlers." " Under SB 946, municipalities cannot enact blanket bans on approved location peddlers or mobile peddlers but can continue to reasonably regulate  the time, place, and manner that vendors operate.  htps/lesinfolegialaureasa.hcshilrsiCimalmrhilie1d-20172080SB946    HONORABLE MAYOR AND CITY COUNCIL Subject: Unpermitted Peddlers Enforcement Pilot  September 11, 2024 Page 2  On October 8, 2019, City Council approved an ordinance amending Chapter 6.54 of the San José Municipal Code (Peddler Permit Ordinance)2 to conform to state law.3 City Council also adopted a resolution amending the Administrative Citation Schedule of Fines in accordance with the maximum fine amounts allowable under SB 946.4 The City's Peddler Permit Ordinance includes, but is not limited to, the following regulations: Requires food peddlers to obtain and display a valid permit from SJPD and the County of Santa Clara Department of Environmental Health (County). Approved location peddlers must have their location approved by SJPD. No peddling is allowed within 500 feet of City-permitted temporary special events, such as street fairs, festivals, or parades. No peddling is allowed within 500 feet of schools, farmers' markets, flea markets, and swap meets during hours of operation. No peddling is allowed within 500 feet of SAP Center, PayPal Park, Excite Ballpark, and the San Jose McEnery Convention Center on event days. Note: pursuant to the Arena Management Agreement, the City is contractually obligated to enforce the 500-foot rule at the SAP Center.  SB 946 prohibits the use of criminal penalties for approved location or mobile peddling violations. Cities are limited to the issuance of administrative citations. This change in state law shifted the primary enforcement authority of peddlers from SJPD to the Code Enforcement Division oft the Planning, Building, and Code Enforcement Department. SB 946 requires consideration of a person's ability to pay for an administrative citation, including being a recipient of certain government benefits or having an income below the poverty level. If a person meets these criteria, the City must accept 20% payment of the fine amount to resolve the citation. In addition to dictating the maximum fee amount, SB 946 specifies that no additional fines or penalties may be assessed, including for Following City Council's adoption of the updated Peddler Permit Ordinance, City staff conducted various outreach efforts to encourage compliance. The Office of Economic Development and Cultural Affairs (OEDCA), Code Enforcement Division, and SJPD partnered on outreach efforts at the 2019 downtown holiday events (Christmas in the Park, Downtown Ice, and Winter Wonderland) and the SAP Center.5 Atar minimum, over 255 peddlers received flyers. This outreach aimed to educate peddlers on regulations, permitting options, and enforcement mechanisms for noncompliance. The Fiscal Year (FY) 2023-2024 Adopted Budget included $100,000 to address unpermitted peddling around the SAP Center and, subsequenty, downtown holiday htps/librarymunicode-com/calan jose/codes/code of ordinances'nodeldeld-TTTOBULIRE CH6.54PEPEOR https!/sanjose. leyisar.com/ViewashnASKCN-FAID-TZ9IBZAGUID-FESADI2-4FOI-BDE-SSP- htpslsanioselegistarsarcomiewashNEFAID-SI97ISAGUIP-DEPAAGDE-9D6-4317-16-  failure to pay.  ODB3B9DB8C50 9A0EEA5C1970  htps/records.anioseeCRAROVKEOMIOTENES203-02pdr    HONORABLE MAYOR AND CITY COUNCIL Subject: Unpermitted Peddlers Enforcement Pilot  September 11, 2024 Page 3  events. During the 2023 downtown holiday events, OEDCA organized outreach efforts with partners, including SJPD, the Fire Department, the Code Enforcement Division, the Department of Transportation (DOT), and the County. Outreach efforts with peddlers included multilingual City staff and promotores focused on education, safety interventions, and targeted Code Enforcement administrative citations for extreme safety concerns. In several cases, the threat of the citations resulted in the unpermitted peddlers demobilizing or substantially reducing the size of their operation. While these initial enforcement efforts helped raise peddler awareness of dangerous practices and the permitting process, they did not reduce the number of unpermitted vendors present. The FY 2024-2025 Adopted Budget includes an additional $100,000 for the continuation of a pilot program to promote health and safety in downtown through enforcement of the Peddler Permit Ordinance during the 2024 downtown holiday events. 6 The FY 2024- 2025 Mayor's March Budget Message included direction to advocate with the County at the state level for unpermitted vendor regulatory changes.7 The FY 2024-2025 Adopted Budget also includes $20,000 for the Mesa Redonda program at Prosperity Lab to provide comprenensive training and incubation programs for local street vendors. OEDCA will manage this grant agreement. An additional $78,000 in unexpended funds from the FY 2023-2024 Adopted Budget to address peddling around the SAP Center  were rebudgeted to FY 2024-2025.  ANALYSIS  The impacts of unpermitted peddling on public safety, cleanliness, and pedestrian access continue to be a significant concern to downtown venues, event stakeholders, and businesses. Large, unpermitted peddler setups with open flames sometimes pose dangers for both peddlers and the public. Some peddlers set up public seating areas in the roadway, potentially obstructing first responder access in the event of an emergency. Other challenges include illegal alcohol sales, interference with ingress and egress to event sites, and large items such as tables, chairs, and tents chained to City Inre response to City Council direction, the City Manager's Office of Administration, Policy, and ntergovemmental Relations and OEDCA organized a working group (CMO working group) to explore and test the effectiveness of current City and County unpermitted peddler enforcement mechanisms at key sites. The enforcement strategies listed below are continuously evaluated to inform effective deployment during the 2024  infrastructure and obstructing the right of way.  downtown holiday events.  https!www.s sanioxecagov/homelsowpabishe.dcumem/1E97689525773679170000  htps/ywsaniosesao/homcesioudscumentc-1IBs    HONORABLE MAYOR. AND CITY COUNCIL Subject: Unpermitted Peddlers Enforcement Pilot  September 11, 2024 Page 4  Administrative Citations  The City enforces the Peddler Permit Ordinance through administrative citations issued by Code Enforcement Inspectors. Administrative citations can be issued to both food and merchandise peddlers. Code Enforcement requires SJPD presence when interacting with peddlers and issuing administrative citations to ensure staff safety. Rebudgeted FY: 2023-2024 funds are being utilized for Code Enforcement Inspectors overtime to address ingress and egress concerns at SAP Center when SJPD officers are available. During these operations, Code Enforcement Inspectors have issued 23 administrative citations to date. Due to insufficient Secondary Enforcement Unit staffing toa accompany inspectors, SJPD authorized a mix of City-sponsored overtime and on- duty personnel to support high-priority unpermitted peddler enforcement efforts ona very limited basis. SJPD continues seeking Secondary Enforcement Unit personnel for SAP Code Enforcement Inspector operations occurred on the following dates:  non-priority events.  February 3, 2024; June 29, 2024; July 19, 2024; July 20, 2024; August 9, 2024; August 21, 2024; and August 28, 2024.  City-County Pilot Enforcement Activities  The County enforces California Health and Safety Code, Section 114381.8 This enforcement ensures that food peddlers have a valid County permit and adhere to safe food handling and storage practices to prevent foodborne illnesses. Under the California Health and Safety Code, the County may impound food and equipment found to be or suspected of being unsanitary. The County's authority to impound strengthens joint City- County unpermitted peddler enforcement operations. The CMO working group initiated ar renewed effort to partner with the County on peddler enforcement efforts with SJPD The first joint City-County enforcement operation occurred on July 20, 2024, outside of the Capitol Flea Market. While outside of downtown, the severe public safety concerns related to the peddlers and seating areas in the roadway prompted action. County inspectors issued cease-and-desist notices and impounded approximately 400 pounds of food. As of August 17, 2024, the roadway remains clear of peddler seating areas. Before this operation, the SJPD Crime Prevention team engaged the peddlers in the  present.  htps/califomiapubliclaw/odeslca health and safety code section_ 114381.2    HONORABLE MAYOR AND CITY COUNCIL Subject: Unpermitted Peddlers Enforcement Pilot  September 11, 2024 Page 5  area and provided information on becoming permitted. At least one peddler is working with Prosperity Lab on a business plan to operate from an approved location. The City and County conducted joint enforcement actions at the SAP Center on August 9, 2024, and August 28, 2024. County inspectors first provided warnings and educational materials, which caused most unpermitted peddlers to stop operating. No food needed to be confiscated by the County, and the areas around the SAP Center The CMO working group will coordinate additional City-County enforcement operations focusing on the SAP Center, Civic Center, and the San Jose McEnery Convention Center through at least September 2024. While pilot findings are preliminary, County engagement appears to deter unpermitted peddlers more than Code Enforcement and SJPD presence alone. Subsequently, the CMO working group will collaborate with the County on enforcement partnership options for the 2024 downtown holiday events.  remained clear.  Illegal Alcohol Sales  Downtown stakeholders increasingly raise concerns about illegal alcohol sales outside ofe events and brick-and-mortar bars and restaurants. Unlike peddling, unpermitted alcohol sale is a criminal offense and is enforced by SJPD. Beginning in April 2024, the CMO working group partnered with SJPD to ramp up undercover alcohol operations downtown. During these enforcement operations, an undercover officer attempts to buy alcohol and can issue criminal citations and make arrests. In November-December 2023 and April-July 2024, SJPD conducted 21 operations, resulting in 21 citations.  Right of Way Obstructions  Unpermitted peddlers sometimes leave tents, chairs, tables, and other equipment in the right of way and, at times, chained to City or private property such as fences, light poles, and trees. Peddlers presumably do this to "save a spot" in a desirable location with heavy foot traffic. This defaces public property, creates a visually unappealing landscape downtown, and can restrict safe pedestrian passage. Chapter 13.24 of the San José Municipal Code gives DOT broad authority to remove items that obstruct areas of the street or sidewalk, even if those areas are still passable by pedestrians or vehicles. 9 The CMO working group partnered with the City Attorney's Office and DOTt to draft a standard operating procedure for removing peddler items left in the public right- DOT is partnering with the CMO working group on an obstruction enforcement pilot downtown through at least September 2024. This pilot will be refined to maximize effectiveness during the 2024 downtown holiday events. The goal is to change behavior hupslbrr-muricaieleomtalamjoeialaladeafmtinmseineSEMAA-TTISIIUPL.CHI32ASISIOB  of-way.    HONORABLE MAYOR AND CITY COUNCIL Subject: Unpermitted Peddlers Enforcement Pilot  September 11,2024 Page 6  and deter peddlers from leaving items in public areas. When obstructions are identified, the working group coordinates the deployment of the DOT complaint truck to remove items and transport them to the Mabury Yard. When items are removed, multilingual signage with contact information is posted. Under Chapter 13.24.030 of the San José Municipal Code, the City is required to store items for ten days. 10 The City is not  currently charging property owners for retrieval ofi items.  In late July 2024, the CMO working group began monitoring the areas around the SAP Center and the Civic Center Plaza for obstructions, particularly before and after major events. The complaint truck was deployed around the SAP Center on July 25, 2024, and 12 tents were transported to the Mabury Yard. Several peddlers arrived during the operation, and CMO working group staff facilitated the retrieval of items from the truck. Two calls were received about removed items, and retrieval was coordinated with DOT yard staff. The complaint truck was also deployed at the Convention Center on August 16, 2024. One chained tent was removed and transported to the Mabury Yard.  No Parking and Tow Zones  The CMO working group also encounters illegal parking challenges related to unpermitted peddling. The primary challenge is unpermitted peddlers parking vehicles in No Parking, Red Zones, and Passenger Loading Zones for extended periods before, during, and after events. These illegally parked vehicles can disrupt traffic flow, impede emergency vehicle access, and complicate event logistics. Strategies to increase parking compliance during the 2024 downtown holiday events include sturdier temporary tow-away signage and exploring strategies to enhance enforcement of  temporary tow zones during peak event days and times.  Peer City Analysis  The CMO working group analyzed other cities' approaches to unpermitted peddling, including Santa Clara, Sacramento, Long Beach, San Francisco, and San Diego. Growing concerns by event organizers, professional sports, and brick-and-mortar restaurants have motivated all cities to increase unpermitted peddling enforcement. Some strategies adopted by other cities could be considered in San José should the City Council desire to allocate ongoing resources and staffing for unpermitted peddling The City of Santa Clara is working with the County to conduct unpermitted peddler enforcement at Levi's Stadium events. The CMO working group shadowed an operation at Levi's Stadium, observing the County issue ten impound notices to unpermitted peddlers and fill a dumpster with confiscated food. The City of Sacramento recently mltmnmmisan.oesssts of ordinances'nodeld-TIBSTSIPUPL.CHI324STSIOB  enforcement.  B24OOUNPRALAUISER    HONORABLE MAYOR. AND CITY COUNCIL Subject: Unpermitted Peddlers Enforcement Pilot  September 11, 2024 Page7  allocated funding for a nighttime Code Enforcement team of six full-time employees at $650,000 annually to address unpermitted peddling and other common nighttime business compliance issues. This Code Enforcement team partners with Sacramento County to impound food and abandoned peddler equipment with a focus on maintaining Of particular interest to San José downtown stakeholders is the approach adopted by the City of San Diego. The City of San Diego updated its Sidewalk Vending Ordinance to give itself the authority toi impound peddler food and equipment for operating without a San Diego County Environmental Health Permit. 11 The City of San Diego may also impound food and equipment for refusing to provide identification to a Code Enforcement Inspector, leaving items unattended, and obstructing pedestrian or vehicular movement, in addition to other. grounds. The City of San Diego uses on-duty police officers to initiate impound, and a hazardous material contractor arrives to collect and store impounded items. As of. June 17, 2024, the City of San Diego has impounded 28 peddler carts and 17 pounds of propane tanks. The City of San Deigo has spent $32,000 on the hazardous material contract. City of San José staff are exploring this  clear ingress and egress at the Golden 1 Center.  model. State Advocacy  The City Manager's Office of Administration, Policy, and Intergovemmenta Relations is still developing specific state advocacy strategies to address unpermitted peddling in response to the Mayor's March Budget Message12. The 2024 Legislative Program includes an item to support legislation that gives back local control to regulate, safely support, and facilitate mobile food vendors through effective enforcement mechanisms while maintaining health and safety, supporting small businesses, and addressing racial Inr recent years, there have been efforts in the legislature to address peddling and the economic vibrancy of brick-and-mortar establishments more broadly. SB 925 (Wiener) would have authorized the City and County of San Francisco to adopt an ordinance requiring a permit to sell merchandise commonly targeted during retail theft on public property. This legislation did not proceed in the legislative process. Further conversations with the author's office will take place in advance of the 2025-2026 Legislative Session. The City is also currently sponsoring SB 969 (Wiener), which would allow licensed brick-and-mortar bars and restaurants to sell alcoholic beverages in off- premises entertainment zones. The bill preserves local control for cities to determine the parameters of entertainment zones and enables brick-and-mortar establishments to reap the economic benefits of outdoor activation. Staff will work with the City's delegation to explore legislative avenues to address unpermitted vending during the  and socio-economic equity issues.  next legislative session.  11h itips/docs.sandiego.goymunicodeMumicodeCnaptet3/CNOSATOOProoDvisionoL.pdr 12 htps/www.saniosecagov/homeshompubisheddoaument11497638525773679170000    HONORABLE MAYOR AND CITY COUNCIL Subject: Unpermitted Peddlers Enforcement Pilot  September 11, 2024 Page 8 Next Steps  The CMO working group will continue coordinating Code Enforcement overtime staffing toi issue administrative citations, County partnerships to impound food, SJPD operations to address illegal alcohol sales, and right-of-way obstructions operations with DOT. These strategies will be evaluated and refined to deploy unpermitted peddling enforcement during the 2024 downtown holiday events. While there have been some early successes in utilizing these enforcement strategies, deploying adequate staffing resources to deter all unpermitted vending for the duration of the 2024 downtown holiday events will be challenging. Unpermitted peddling enforcement is not currently resourced long-term or Citywide, and City and County staffing is largely dependent on volunteer overtime shifts outside of business hours. Education has not had a meaningful impact on increasing peddler permits, and many peddlers operate in a manner that is With these staffing limitations, the 2024 downtown holiday events enforcement strategy will concentrate enforcement efforts early. In addition to the outlined enforcement strategies, OEDCA is working with downtown holiday event organizers on curated space activation to deter unpermitted vending through environmental design.  not permittable under City or County requirements.  COORDINATION  This memorandum was coordinated with the City Attorney's Office, the City Manager's Budget Office, OEDCA, the City Manager's Office of Administration, Policy, and Intergovemmental Relations, the Planning, Building and Code Enforcement Department, SJPD, and Transportation Department, and the County of Santa Clara  Department of Environmental Health,  gBchembi Jennifer Schembri Deputy City Manager City Manager's Office  Bek  Deputy City Manager City Manager's Office  For questions, please contact Kailyn Kenney, Assistant to the City Manager, City Manager's Office of Administration, Policy, and Intergovermental Affairs at  sabnemeansase    SJAA Board Meeting October 23, 2024 Agenda Item 3.1.a.  SAPcenter  SHARKS ICE SANJOSE! FREMONTI GAKLAND  techcu arena  SHARKS  August 1,2024  Councilmember Omar Torres Councilmember Devorah "Dev" Davis City of San José 200 East Santa Clara Street San José, CA 95113 José  Councilmember Torres and Councilmember Davis,  Ihope this message finds you well. On behalf of Sharks Sports & Entertainment (SSE), I want to express our sincere appreciation for your ongoing support oft the event economy in downtown Today, Iam reaching out regarding aj pressing issue affecting all San José event spaces, including SAP Center, SJ Civic, the Convention Center, and notably, Christmas ini the Park. Along with other concerned stakeholders, SSE has been in discussions with City staffi regarding significant safety concerns stemming from unlicensed and unsafe vendor activities at these venues. While I can provide detailed insights into the situation at SAP Center, similar challenges For years, SSE: has engaged with various City departments (including SJPD, SJFD, OED, OCA and the City Manager's office) to try to resolve the problems created by the vendors. Substantial effort has been put forward by many outstanding City staff members. Unfortunately, those efforts have not yielded any meaningful results. Recent events, such as the. July 6th concert at SAP Center, have underscored pervasive unresolved safety issues exacerbated byl inadequate oversight ofv vendor activities and failure to enforce existing regulations. Despite our proactive communications with City partners in the months leading up tot the. July 6, 2024 event (during which we highlighted potential safety risks), our requests for police presence dedicated to this issue went unmet. Even when we. have adequate SJPD staffing, the limitations placed upon them  San José. Your dedication is crucial to our community's vitality.  are widespread throughout our downtown area.  dramatically reduce their effectiveness.    Specific issues observed on. July 6thi include:  Multiple unauthorized "bars" distributing alcohol, including beer and hard shots, without Over 1001 hot dog carts positioned around SAP Center, obstructing exits and exacerbating Incidents ofindividuals, including a child, immediately in harm's way adjacent to Santa Vendors trespassing onto the ABC parking lots, creating hazardous conditions including Garbage, grease and other debris from vendor activities, requiring post-event clean-up efforts funded by SSE and SJDA's Groundwerx, unfairly placing the cost of clean-up  proper ID checks. safety risks. Clara Street traffic. impeding safe vehicle exits.  upon law-abiding downtown businesses supporting the PBID.  This situation highlights a critical need for your support, along with that oft the City Manager and Mayor, to address ongoing, unchecked vendor activities that threaten the safety of event patrons, It's worth noting that cities like San Diego, Orange and Sacramento have effectively addressed similar issues near their arenas and stadiums through proactive regulation. We urge the City of San. José to take decisive action by adopting similar ordinances and policies as soon as possible- San Diego inj particular has provided San José with an example of an efficient, effective and fair enforcement solution for the unlicensed vendor situation, resulting in significant benefits from greatly enhanced compliance. They have protected their existing business community, created a path towards legal status fori interested San Diego vendors, and lowered their poliçe costs, all through focused enforcement techniques. Most important, they have drastically improved the The key reform undertaken by San Diego was to allow police officers toi impound equipment and goods from vendors who refused to comply with their sidewalk vendor ordinance and to have the police proactively conduct impoundment activities in areas ofl high concern for public health, Across the state, impoundment is the only technique that has proven effective to stop vendors who are out of compliance and willfully disobeying city laws. Westrongly believe that iti is now time for the City of San José to join the "best practices" demonstrated by other cities, by amending its ordinances and policies to provide fori impounding vendor We request ai meeting with the City Manager to discuss how the downtown business community can help facilitate this initiative, and seek your endorsement to create a safer environment for all. While we understand the complexity of vending regulations, we are willing to help devote our time and resources to. help craft ai regulatory and enforcement solution that is appropriate for San José, focusing primarily on the need to relocate all vendors off oft the SAP Center leased property  City staff, venue staff and the vendors themselves.  before someone gets hurt. Improved regulation and enforcement is essential.  safety around Petco Park and within their downtown/Gaslamp district.  fire access,safety and welfare.  equipment and goods to stop the continuing lawlessness.    and the surrounding intersections, to ensure safer entry and exit. Wel believe similar measures In closing, Iecho the sentiments of an SJFD staff member who emphasized the predictability and preventability of! hazards posed by mobile vendors obstructing exits. We cannot ignore the  would benefit other downtown venues and Christmas in thel Park.  liability implications for the City and its employees.  "I hope this email provides sufficient inf formation to illustrate the predictable, preventable, and disastrous outcomes that will occur should we fail to address thei issue ofs sidewalk vendors blocking exits or congesting known exit discharges. Our knowledge of this danger could very likely expose the City and it's employees to ruinous liability. For all oft these reasons, Istrongly encourage the City of San Jose and it's employees to  act to control this situation."  Council Member Torres and Council Member Davis, can we count on your support toj prioritize this issue before as serious incident occurs at one of our great San José venues?  Thank you for your attention to this urgent matter.  Best regards, Chris Shay Chris Shay  Senior V.P. for Government Affairs Sharks Sports & Entertainment LLC cc: City of San José Mayor's Office City Councilmembers Offices City of San José City Manager's Office Lucy Lofrumento, Strategy Law  Attached: :  City of San Diego StaffR Report re Sidewalk Vending Ordinance (February 6, 2024) Excerpt of San Diego Vendor Ordinance 36.0111 - Impounding Vending Equipment  San Diego Sidewalk Vending Regulations At-a-Glance Summary    SJAA Board Meeting October 23, 2024 Agenda Item 4.1.a.  3 4a a 0000  8e   8888 00000  AAR 888 00000  8 6 d0  6600 0  E E  0 0 C S  icic  OKoo    San Jose Arena Authority July2 2023 June: 2024 JUL-SEP, 2023 OCT- DEC, 2023 JAN- MAR, 2024 APR-JUN, 2024 114,088 28,522 28,522 28,522 28,522 $114,088 $114,088 258,687 64,672 64,672 64,672 64,672 $258,687 $258,687 35 25 43 25 35 25 26 25 $139 $100 $372,810 $93,219 $43 $93,219 $35 $93,219 $26 $93,219 $372,914 $372,875 $372,810 $93,219 $43 $93,219 $35 $93,219 $26 $93,219 $372,914 $372,875 $0 180 250 180 250 180 250 120 250 $660 $1,000 30 62 30 62 30 62 30 63 $120 $250 320 1,250 $3,686 $5,000 225 625 700 625 300 625 604 625 $1,829 $2,500 210 75 75 75 11 75 $221 $300 355 425 425 425 425 $355 $1,700 100 $100 $0 750 750 750 750 $0 $3,000 244 375 477 375 278 375 298 375 $1,297 $1,500 130 250 250 250 250 $130 $1,000 10 5 10 $24 $0 578 375 741 375 685 375 625 375 $2,629 $1,500 291 375 270 375 332 375 321 375 $1,214 $1,500 3,000 3,000 1,500 3,000 3,000 $1,500 $12,000 $0 $0 $0 $0 $0 $0 163 625 730 625 283 625 $1,472 $2,500 1,000 1,000 1,000 $0 $4,000 1,000 163 2,625  SJAAI Board Meeting October 23, 2024 Agenda Item 4.2.a. TOTAL  Budget VS. Actuals: FY 2023-2024 Operating Budget- FY24 P&L  ACTUAL BUDGET ACTUAL BUDGET AÇTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET  Revenue City Funding Interest Eared Total Revenue GROSS PROFIT Expenditures General OperatiomaAdministahie AdverisingPromoional Bank Charges & Fees Board Expense Bookkeeping Services Delivery and Postage Equipment! Lease/N Maintenance/POBox Insurance License &1 Tax Miscellaneous Operating Reserve Office Expense Office Supplies Parking& &1 Toll Subscriptions/Dues Telephone/FAX Total General OperatonsAdminsrabve Legal &F Professional Fees Personnele andr related expenses Employee Benefits PayrollE Expense PayrollT Taxes Salaries Total PayrollE Expense Total Personnel andr relatede expenses ProgramE Expenses Business Meetings. Meals Collateral Materials SHOF TotalF ProgramE Expenses Total Expenditures NETO OPERATINGI REVENUE NET REVENUE  Additional Rentf fors Solar4Americal Ice at San. Jose  $0  400 1,250 1,214 1,250 1,752 1,250  1,789 2,500 1,718 2,500 1,735 2,500 1,738 2,500 $6,979 $10,000  4,441 7,312 5,334 7,312 5,292 7,312 4,176 7,313 $19,244 $29,250 1,466 4,625 1,281 4,625 1,491 4,625 1,381 4,625 $5,619 $18,500 5,671 5,000 1,827 5,000 5,903 5,000 5,250 5,000 $18,651 $20,000 74,133 66,170 63,631 66,170 74,236 66,170 68,631 66,170 $280,631 $264,680 79,805 71,170 65,458 71,170 80,139 71,170 73,881 71,170 $299,282 $284,680 81,270 75,795 66,739 75,795 81,630 75,795 75,262 75,795 $304,901 $303,180  296 625 1,000 1,000 296 2,625  1,000 6,000 1,000 $6,000 $4,000 730 2,625 6,283 2,625 $7,472 $10,500  $86,008 $88,732 $72,236 $88,732 $89,152 $88,732 $85,722 $88,733 $333,117 $354,930 $286,802 $4,486 $-72,193 $4,486 $-89,118 $4,486 $-85,695 $4,486 $39,797 $17,945 $286,802 $4,486 $-72,193 $4,486 $-89,118 $4,486 $-85,695 $4,486 $39,797 $17,945  Accruall Basis Tuesday, October 15, 924083SPMGNTO790    San Jose Arena Authority  Budget VS. Actuals: FY 2023-2024 Operating Budget FY24 P&L  SJAA Board Meeting October 23, 2024 Agendal Item 4.2.a. TOTAL 9,507 $0 $28,522 21,557 $0 $64,672 8 8 $26 $25 $8 $31,073 $26 $93,219 $8 $31,073 $26 $93,219 $0 $0 83 $120 $250 10 21 $30 $63 320 417 $320 $1,250 454 208 $604 $625 25 $11 $75 142 $0 $425 580 833 $1,738 $2,500 $100 $0 250 $0 $750 55 125 $298 $375 83 $0 $250 10 $10 $0 211 125 $625 $375 100 125 $321 $375 1,000 $0 $3,000 $0 $0 $0 $0  April- June, 2024 APR2024  MAY2024  JUN2024  ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET  Revenue City Funding Interest Earned Total Revenue GROSS PROFIT Expenditures General OperatonsAGmnsraive AdventisingPromotional Bank Charges & Fees Board Expense Bookkeeping! Services Delivery and Postage Equipment Lease/ Maintenance/POI Box Insurance License & Tax Miscellaneous Operating Reserve Office Expense Office Supplies Parking &Toll Subscriptions/Dues Telephone/FAX Total General Opermtonsdminstaihe Legal & Professional Fees Personnel: andr related expenses Employee Benefits Payroll Expense Payroll Taxes Salaries Total Payroll Expense Totall Personnel and related expenses Program Expenses Business Meetings.Meals Collateral Materials SHOF Total Program Expenses Total Expenditures NET OPERATING REVENUE NET REVENUE  Additional Rent for Solar4America Ice ats San. Jose  9,507 21,557 10 8 $10 $31,073 $10 $31,073 60 10 150 579 154 215 121  9,507 21,557 9 8 $9 $31,073 $9 $31,073 60 10 11 579 100 89 199 100  83 21 417 208 25 142 833 250 125 83 125 125 1,000 521 1,542 2,005 1,667  83 21 417 208 25 142 833 250 125 83 125 125 1,000 421 1,542 1,623 1,667  1,289 2,437 1,148 2,437 1,740 2,438 $4,176 $7,313  440 1,542 $1,381 $4,625 1,623 1,667 $5,250 $5,000  26,210 22,057 21,210 22,057 21,210 22,057 $68,631 $66,170 28,215 23,723 22,833 23,723 22,833 23,723 $73,881 $71,170 28,736 25,265 23,253 25,265 23,273 25,265 $75,262 $75,795  $0 $0 $283 $625 $0 $1,000 333 $6,000 $1,000 875 $6,283 $2,625  208 333 333 875  121 121  208 163 333 333 6,000 875 6,163  208 333  $30,025 $29,577 $24,521 $29,577 $31,176 $29,578 $85,722 $88,733 $-30,015 $1,495 $-24,513 $1,495 $-31,168 $1,495 $-85,695 $4,486 $-30,015 $1,495 $-24,513 $1,495 $-31,168 $1,495 $-85,695 $4,486  Acorual Basis Tuesday, October 15, 20241 10:42PM GMT-07:00    San Jose Arena Authority Statement of Activity April 2024  SJAAI Board Meeting October 23, 2024 Agenda Item 4.2.a.  TOTAL 9.77 $9.77 $9.77 59.99 10.00 150.00 578.84 154.28 214.99 120.62 1,288.72 520.50 2,005.08 26,210.22 28,215.30 28,735.80 $30,024.52 $-30,014.75 $-30,014.75  Revenue Interest Earned Total Revenue GROSS PROFIT Expenditures General OperatonsAmnstraive AdverisingPromotional Bank Charges & Fees Bookkeeping Services Insurance Office Expense Subscriptions/Dues Telephone/FAX Total General OperatonsAdmnsinaive Personnel and related expenses Employee Benefits Payroll Expense Payroll Taxes Salaries Total Payroll Expense Total Personnel and related expenses Total Expenditures NET OPERATING REVENUE NETI REVENUE  Accrual Basis Tuesday, October 15, 2024 10:35 PM GMT-07:00  1/1    San Jose Arena Authority Statement of Activity May 2024  SJAA Board Meeting October 23, 2024 Agenda Item 4.2.a.  TOTAL 8.88 $8.88 $8.88 59.99 10.00 10.88 578.80 100.00 88.68 198.99 100.22 1,147.56 420.50 1,622.58 21,210.22 22,832.80 23,253.30 120.61 120.61 $24,521.47 $-24,512.59 $-24,512.59  Revenue Interest Earned Total Revenue GROSS PROFIT Expenditures General OperatonsAminstrative AdverisingPromotional Bank Charges & Fees Delivery and Postage Insurance License & Tax Office Expense Subscriptions/Dues Telephone/FAX Total General OperatonsAdmnsraive Personnel and related expenses Employee Benefits Payroll Expense Payroll Taxes Salaries Total Payroll Expense Total Personnel andr related expenses Program Expenses Business Meetings.Meals Total Program Expenses Total Expenditures NET OPERATING REVENUE NET REVENUE  Accrual Basis Tuesday, October 15, 2024 10:36 PM GMT-07:00  1/1    San Jose Arena Authority Statement of Activity June 2024  SJAA Board Meeting October 23, 2024 Agenda Item 4.2.a.  TOTAL 7.53 $7.53 $7.53 10.00 320.30 453.75 580.09 54.82 9.50 210.99 100.22 1,739.67 440.18 1,622.59 21,210.22 22,832.81 23,272.99 162.88 6,000.00 6,162.88 $31,175.54 $-31,168.01 $-31,168.01  Revenue Interest Earned Total Revenue GROSS PROFIT Expenditures General OperatonAdminstrative Bank Charges & Fees Board! Expense Bookkeeping Services Insurance Office Expense Parking &1 Toll Subscriptions/Dues Telephone/FAX Total General OperatonsAdminsraive Personnel and related expenses Employee Benefits Payroll Expense Payroll Taxes Salaries Total Payroll Expense Total Personnel and related expenses Program Expenses Business Meetings.Meals SHOF Total Program Expenses Total Expenditures NET OPERATING REVENUE NET REVENUE  Accrual Basis Tuesday, October 15, 2024 10:38 PM GMT-07:00  1/1    SJAA Board Meeting October 23, 2024 Agenda Item 4.4.b.  -  -  San Jose Arena Authority  Memorandum  To: From: Subject: Date:  Claudia Chang, City Manager's Budget Office Jim Shannon, Budget Director Chris Morrisey, Executive Director SAP Center at San Jose September 16, 2024  Invoice for Reimbursement for Capital Repairs and Replacements at  Please find attached one: invoice and supporting documents relating to City coundl-approved  capital repairs and replacements for SAPC Center at San] Jose.  SAPCenter at San Jose Invoice Capital Repairs and Replacements  Invoice Number 90002457 (FY23-24)  Invoice Amount $324,762.23  Invoice Date 7/29/24  Please: note thatIhave taken an opportunity to inspect the work listed on the invoice with Jon Gustafson, Senior Vice President with SAP Center Management, and have found the work to be of a satisfactory nature. Ihave also reviewed the invoice and supporting documents and have found them to be accurate and complete. One item (lighting systems) was not approved If you have any comments or questions relating to these items, please contact me directly at morisey@sjaa.com. Also, please advise the Arena Authority when you anticipate sending the  in this fiscal year budget buti isi included in the invoice for $26,521.  reimbursement check.  CC: Members of the San Jose Arena Authority Board of Directors    SJAA Board Meeting October 23, 2024 Agenda Item 4.5.a.  -  San Jose Arena Authority  Memorandum  To: From: Subject: Date:  Members of the Arena Authority Board of Directors Kyle Nelson, Chairperson, Stadium Committee Chris Morrisey, Executive Director  Recommendations for Capital Projects at Excite Ballpark Home of the San Jose Giants  October 23, 2024  On October 23, representatives from the Stadium Committee, the City and the San Jose Giants toured Excite Ballpark Home of the San Jose Giants to discuss and review a stadium capital plan forl FY 2024-25. During the tour, the following capital items were presented for consideration:  Item Grand Total  Cost $81,555 $75,000 *156,555  Electrical Work (VIP Deck, BBQand Clubhouses) Left Field Line (AC Repair and Anchored Shade Structure) will be absorbed by the Giants. Please see the deposit details below.  *Any actual costs that exceed the San Jose Giants deposit into the Stadium Capital Reserve Fund Please note that per the terms of the stadium lease and management agreement, the Giants deposit annual payments into the Stadium Capital Reserve Fund. The fund is designated solely for stadium capital repairs and replacements. Below is a breakdown of the Giants' deposits into the  Stadium Capital Reserve Fund for 2024:  Item Grand Total  Deposit $113,589 $41,430 $155,019  2024 Excite Credit Union Naming Rights Payment 2024 Stadium Gross Receipts/Video Revenue  Additionally, the City and the San Jose Giants have been in discussions about addressing a significant upgrade to the stadium to address MLB/MiLB standards. These discussions are  ongoing. C.  Claudia Chang, City Manager's Budget Office Walter Lin, Department of Public Works Ryan Rucker, Department of] Public Works Ben Taylor, San Jose Giants Jennifer Tell, City Manager's Budget Office    SJAA Board Meeting October 23, 2024 Agenda Item 4.5.a.  SanJose Giants Proposed 2024/2025 Capital Expenditures  Project  Estimated. Amount $  Comments  Electrical Work (VIP Deck, BBQ and Clubhouses) Left Field Line (AC Repair and. Anchored Shade Structure $  81,554.82 75,000.00  *Note that should any proposed 156,554.82 projects exceed the Capital Fund, the San Jose Giants will pay any  Proposed Projects Total City Capital Fund  $ $  155,018.77