City Council
Regular MeetingSan Jose, CA · December 10, 2019
Agenda
City Council Meeting
Amended Agenda
Tuesday, December 10, 2019
SAM LICCARDO, MAYOR
CHAPPIE JONES, VICE MAYOR, DISTRICT 1
SERGIO JIMENEZ, DISTRICT 2
RAUL PERALEZ, DISTRICT 3
LAN DIEP, DISTRICT 4
MAGDALENA CARRASCO, DISTRICT 5
DEV DAVIS, DISTRICT 6
MAYA ESPARZA, DISTRICT 7
SYLVIA ARENAS, DISTRICT 8
PAM FOLEY, DISTRICT 9
JOHNNY KHAMIS, DISTRICT 10
The City of San José is committed to open and honest government and strives to consistently meet the
community’s expectations by providing excellent service, in a positive and timely manner, and in the
full view of the public.
Welcome to the San José City Council meeting!
This Agenda contains both a Consent Calendar section for routine business items that require Council
approval, and general business items arranged to correspond with San José’s City Service Areas (CSAs).
City Service Areas represent the policy-making level for strategic planning, policy setting, and investment
decisions in the critical functions the City provides to the community. They are:
• Strategic Support - The internal functions that enable the CSAs to provide direct
services to the community in an effective and efficient manner.
• 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.
• Environmental and Utility Services - Manage environmental services and utility systems to ensure
a sustainable environment for the community.
• Public Safety - 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.
The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed,
unless otherwise noted. The City Council, or less than a quorum, may adjourn any regular, special
or adjourned meeting to a later date, time and place specified in the order of adjournment. If all
members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and
place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables
just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to
seeing you at future meetings.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on
the Internet at http://www.sanjoseca.gov/index.aspx?NID=3549. Council Meetings are televised
live and rebroadcast on Channel 26.
All public records relating to an open session item on this agenda, which are not exempt from
disclosure pursuant to the California Public Records Act, that are distributed to a majority of the
legislative body will be available for public inspection at the Office of the City Clerk at San José
City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that
the public records are distributed or made available to the legislative body. Any draft contracts,
ordinances and resolutions posted on the Internet site or distributed in advance of the Council
meeting may not be the final documents approved by the City Council. Contact the Office of the
City Clerk at (408) 535-1260 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) 535-1260 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.
City Council Amended Agenda December 10, 2019
• Call to Order and Roll Call
9:30 a.m.- Closed Session, Call to Order in City Hall Tower Conference Room 1734.
Open Session, Labor Negotiations Update (See Item 3.2)
Adjourn to Closed Session in Council Chambers Conference Room, W133
See Separate Agenda
19-682 Closed Session Agenda
Attachments Closed Session Agenda
1:30 p.m.- Regular Session, Council Chambers, City Hall
• Invocation (Mayor)
Heather Judd, President of the Relief Society of the San José California South Stake of the Church of Jesus
Christ of Latter-day Saints.
• Pledge of Allegiance
• Adjournment
This meeting will be adjourned in memory of Thaddeus Campbell, who reimagined the future of Silicon
Valley Pride, and was the embodiment of everything we love in the Silicon Valley.
• Orders of the Day
Items recommended to be added, dropped, or deferred are usually approved under Orders of the
Day unless the Council directs otherwise.
Item 6.2 – Not to be heard before 6:00 P.M.
• Closed Session Report
1. CEREMONIAL ITEMS
1.1 Presentation of a Commendation to Good Karma Bikes for their investment in programs which support
at-risk and emancipated youth within our community. (Foley and Davis)
1.2 Presentation of a Commendation to Beautiful Day for their work to bring together government
agencies, community organizations and people from all walks of life to solve difficult community problems,
aggressively spread compassion, and provide no-strings-attached service for those who are otherwise
unable to help themselves. (Khamis)
City of San José Page 4 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
1.3 Presentation of Commendation to Kami Richardson for earning national recognition with the
distinguished Girl Scout Gold Award from The Girl Scouts of Northern California and Girl Scouts USA for
the successful implementation of her Sea Flow Filter Program. (Peralez)
TO BE HEARD AT 6:00 P.M.
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.
2.2 Final Adoption of Ordinances.
2.3 Approval of Council Committee Minutes.
2.4 Mayor and Council Excused Absence Requests.
19-1178 Mayor and Council Excused Absence Requests.
Recommendation: (a) Request for an excused absence for Councilmember Esparza, from
the Regular Meeting of the Neighborhood Services and Education
Committee on November 14, 2019, due to illness.
(b) Request for an excused absence for Councilmember Esparza, from
the Regular Meeting of the AD-HOC Committee for Housing
Construction & Development Services on November 14, 2019, due to
illness.
CEQA: Not a Project, File No. PP17-010, City Organizational &
Administrative Activities resulting in no changes to the physical
environment. (Esparza)
Attachments (a) Memorandum
(b) Memorandum
2.5 City Council Travel Reports.
2.6 Report from the Council Liaison to the Retirement Boards.
City of San José Page 5 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.7 19-1148 Settlement of Guerrero, et. al. v. City of San José.
Recommendation: Approve a settlement in the amount of $375,000, inclusive of attorney
fees, and authorize the City Attorney to execute a Settlement
Agreement to settle the case of Guerrero, et. al. v. City of San José.
CEQA: Not a Project; File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment. (City
Attorney)
Attachments Memorandum
Agreement
2.8 19-1149 Settlement of M Squared Enterprises, Inc. dba Tribloom, Inc. v. City of San
José.
Recommendation: Approve a settlement in the amount of $275,000, inclusive of attorney
fees, and authorize the City Attorney to execute a Settlement
Agreement to settle the case of M Squared Enterprises, Inc. dba
Tribloom, Inc. v. City of San José.
CEQA: Not a Project; File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment. (City
Attorney)
Attachments Memorandum
Agreement
2.9 19-1182 Appoint Fire Department Employee Representative to the Board of
Administration for the Police and Fire Department Retirement Plan.
Recommendation: Appoint Andrew Gardanier as the Fire Department Employee
Representative to the Board of Administration for the Police and Fire
Department Retirement Plan to a term ending November 30, 2023.
CEQA: Not a Project, File No. PP17-010, City Organizational &
Administrative Activities resulting in no changes to the physical
environment. (City Clerk)
Attachments Memorandum
City of San José Page 6 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.10 19-1140 Appoint Members to Measure T Oversight Committee.
Recommendation: (a) Approve the following Measure T Community Oversight Committee
appointments:
(1) District 1 Seat: Appoint Gary Cunningham;
(2) District 2 Seat: Appoint Caroline Bauer;
(3) District 4 Seat: Appoint Jai Srinivasan;
(4) District 7 Seat: Appoint Will Smith;
(5) District 9 Seat: Appoint Kat Wilson;
(6) District 10 Seat: Appoint Rich Giammona;
(7) Citywide Business Seat: Dan Bozzuto;
(8) Citywide Environmental Seat: Craige Edgerton;
(9) Citywide Labor Seat: Enrique Arguello;
(10) Citywide Public Safety Seat: Sean Kaldor;
(11) Citywide Finance or Accounting Seat: Arjun Batra;
(12) District 3 Seat: Appoint Jeff Levine.
(b) Consider, discuss and adopt whether terms and term limits should be
established for this Committee.
CEQA: Not a Project, File No. PP17-010, City Administrative
Activities, resulting in no changes to the physical environment. (City
Clerk)
Attachments Replacement Memorandum, 12/4/2019
Conflict of Interest
City of San José Page 7 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.11 19-1150 Amendment to the Agreement with Cruz Strategies, LLC for State Legislative
Advocacy Services. - DEFERRED
Recommendation: Approve an Amendment to the Agreement for Consultant Services with
Cruz Strategies, LLC that includes:
(a) Additional lobbying services obligations for Cruz Strategies, LLC
including lobbying services relating to Public Safety Power Shutoff
events and advancing energy resiliency;
(b) Increase the total compensation paid for state legislative advocacy
services from $374,194 to $467,742 for the period of December 10,
2019 to June 30, 2021 (an additional $5,000 per month); and
(c) Increase the contract amount for the one-year option to extend the
Agreement from July 1, 2021 to June 30, 2022 to provide ongoing
services from $240,000 to $300,000 (an additional $5,000 per month),
subject to the appropriation of funds.
CEQA: Not a Project, File No. PP17-002, Consultant services for
design, study, inspection, or other professional services with no
commitment to future action. (City Manager)
DEFFERED TO 12/17/19 PER ADMINISTRATION
Attachments Agreement
2.12 19-1151 Amendment to Title 3 of the San José Municipal Code Amending the Police
and Fire Department Retirement Plan to Allow for Continuation of
Survivorship Benefits for Active Police Members Killed in the Line of Duty.
Recommendation: Approve an ordinance amending Chapter 3.36 of Title 3 of the San José
Municipal Code to allow spouses and domestic partners of active Police
members killed in the line of duty to continue their survivorship benefits
in the event that they remarry or re-establish a domestic partnership.
CEQA: Not a Project, File No. PP17-010, City Organizational &
Administrative Activities resulting in no changes to the physical
environment. (City Manager)
Attachments Memorandum
Ordinance
City of San José Page 8 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.13 19-1152 Amendment to the Purchase Order for the Citywide Windows 10 Upgrade
Project.
Recommendation: Adopt a resolution authorizing the City Manager to:
(a) Amend Open Purchase Order 58216 with Granite Data Solutions
(Sacramento, CA) to increase compensation by $400,000 for the
purchase of additional desktop computers and workstations capable of
running Windows 10 for a total maximum compensation of $1,700,000
for a term executed on October 29, 2019 and ending October 28, 2020;
(b) Approve a contingency of $255,000 for unanticipated increases in
desktop computers and workstations, subject to the appropriation of
funds; and
(c) Amend Open Purchase Order 58216 to extend the term to April 30,
2021, if necessary to complete the Windows 10 upgrade project.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Finance)
Attachments Memorandum
Resolution
2.14 19-1153 First Quarter Financial Reports for Fiscal Year 2019-2020.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support
Committee on November 21, 2019:
(1) Accept the First Quarter (period ending September 30, 2019)
Financial Reports for Fiscal Year 2019-2020 for the following programs:
(a) Debt Management;
(b) Investment Management; and
(c) Revenue Management.
(2) Adopt a resolution authorizing the Director of Finance to write-off
uncollectible debts in an amount up to $381,357.80.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Finance)
[Public Safety, Finance and Strategic Support Committee referral
11/21/19 - Item (c)1]
Attachments Memorandum
Resolution
Attachment A
Attachment B
Investment Report Revised
City of San José Page 9 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.15 19-1154 Amendment to the Agreement with Santa Clara County Central Fire
Protection District for Provisions of Emergency Response Services to Zone
One.
Recommendation: Adopt a resolution authorizing the City Manager to execute a Second
Amendment to the Agreement between the Santa Clara County Central
Fire Protection District and the City of San José, including a one-year
retroactive extension of the Agreement to June 30, 2020, with an option
to extend the term through June 30, 2024.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) Resulting in no physical changes to the environment.
(Fire)
Attachments Memorandum
Agreement
2.16 19-1155 Nomination of Metropolitan Transportation Commission/Association of Bay
Area Governments Priority Development Area and Priority Production Area.
Recommendation: (a) Adopt a resolution nominating the South De Anza Boulevard area as
a new Metropolitan Transportation Commission/Association of Bay
Area Governments Priority Development Area.
(b) Adopt a resolution nominating a new Metropolitan Transportation
Commission/Association of Bay Area Governments Priority Production
Area within the Monterey Business Corridor and Senter Road General
Plan growth areas.
CEQA: Determination of Consistency with the Envision San José 2040
Final Environmental Impact Report (EIR) (Resolution No. 76041),
Supplemental EIR (Resolution No. 77617), and Addenda thereto.
(Planning, Building and Code Enforcement)
Attachments Memorandum
(a) Resolution
(b) Resolution
City of San José Page 10 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.17 19-1156 Actions Related to the Spending Plan for the Internet Crimes Against
Children Task Force Invited Awards for Fiscal Year 2019.
Recommendation: Adopt a resolution accepting the Spending Plan for the Internet Crimes
Against Children Task Force Invited Awards for Fiscal Year 2019-2020
in the amount of $558,585, and authorize the City Manager to execute
the Grant Agreement and all related documents, including online
certifications at time of reimbursement request, without further City
Council action.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Police)
Attachments Memorandum
Resolution
Agreement
2.18 19-1157 Ordinance Designating Additional Public Right-of-Way for Property Located
on Mount Pleasant Road.
Recommendation: Approve an ordinance designating an approximately 775 square foot
portion of City-owned property located on the west side of Mount
Pleasant Road, northwest of Mount Pleasant Court, as public
right-of-way.
CEQA: Categorically Exempt, File No. ER19-065, CEQA Guidelines
Section 15303, New Construction or Conversion of Small Structures.
(Public Works)
Attachments Memorandum
Ordinance
2.19 19-1158 Second Amendment to Master Agreement with Callander Associates
Landscape Architecture for Landscape Architectural Construction Support for
Coyote Creek Trail: 16th Street/William Street to Story Road Project.
Recommendation: Approve the Second Amendment to the Master Agreement with
Callander Associates Landscape Architecture extending the term from
December 31, 2019 to December 31, 2021 for the sole purpose of
allowing the consultant to provide construction support for the Coyote
Creek Trail: 16th Street / William Street to Story Road project.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Public Works)
Attachments Memorandum
Agreement
City of San José Page 11 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.20 19-1177 Approval of Evergreen Leadership Neighborhood Association Winter
Community Event Sponsored by Council District 8 as a City Council
Sponsored Special Event to Expend City Funds and Accept Donations of
Materials and Services for the Event.
Recommendation: (a) Approve the Evergreen Leadership Neighborhood Association
Winter Community Event scheduled on Saturday, December 14, 2019
as a City Council sponsored Special Event and approve the expenditure
of funds; and
(b) Approve and accept donations from various individuals, businesses,
or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events
resulting in no changes to the physical environment. (Arenas)
Attachments Memorandum
2.21 19-1179 Retroactive Approval of Light Up City Hall Sponsored by Council District 5 as
a City Council Sponsored Special Event to Expend City Funds and Accept
Donations of Materials and Services for the Event.
Recommendation: (a) Retroactively approve the Light Up City Hall held on October 1,
2019 as a City Council sponsored Special Event and approve the
expenditure of funds; and
(b) Approve and accept donations from various individuals, businesses,
or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events
resulting in no changes to the physical environment. (Carrasco)
Attachments Memorandum
City of San José Page 12 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.22 19-1198 Actions Related to the Proposed 2019-2021 Spending Plan for the
Supplemental Law Enforcement Services Grant, Approval of the Revised
2018-2020 Spending Plan for the Supplemental Law Enforcement Services
Fund Grant.
Recommendation: (a) Approve the proposed 2019-2021 Spending Plan for the
Supplemental Law Enforcement Services (SLES) Grant in the amount
of $1,580,790 and authorize the Chief of Police to amend the Spending
Plan in conformity to the budget priorities set out in the staff
memorandum and in the event State SLES Grant payments are less or
more than expected.
(b) Approve the revised 2018-2020 Spending Plan for the SLES Grant
in the amount of $2,491,761.
(c) Adopt the following Appropriation Ordinance and Funding Sources
Resolution amendments in the Supplemental Law Enforcement Services
Fund:
(1) Increase the estimate for Revenue from State of California by
$1,281,085;
(2) Increase the appropriation to the Police Department for the
SLES Grant 2018-2020 in the amount of $893,942; and
(3) Establish an appropriation to the Police Department for the
SLES Grant 2019-2021 in the amount of $387,143.
CEQA: Not a Project, File No. PP17-004, Government Funding
Mechanism or Fiscal Activity with no commitment to a specific project
which may result in a potentially significant physical impact on the
environment. (Police/City Manager)
RENUMBERED FROM ITEM 8.1 (19-1175)
Attachments Memorandum
City of San José Page 13 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.23 19-1224 Actions Related to the Purchase Order for Modular Video Detection Systems.
Recommendation: Adopt a resolution authorizing the City Manager to:
(a) Execute a Purchase Order with Iteris (Santa Ana, CA) for the
purchase of Modular Video Detection Systems, including hardware,
software, and maintenance for a twelve-month period, starting on or
about December 11, 2019 and ending on December 10, 2020, with
maximum compensation not to exceed $720,000; and
(b) Exercise up to three additional one-year options to extend the term
of the purchase order after the initial term with the last option year
ending on or about December 3, 2023, to purchase additional systems
and provide ongoing maintenance and support, subject to the
appropriation of funds.
CEQA: Categorically Exempt, File No. PP19-024, CEQA Guidelines
Section 15303(d), New Construction of Small Structures. (Finance)
[Deferred from 12/3/19 Item 2.9 (19-1105)]
Attachments Replacement Memorandum
2.24 19-1226 Approval of Palestinian Flag Raising Event Sponsored by Council District 10
as a City Council Sponsored Special Event to Expend City Funds and Accept
Donations of Materials and Services for the Event.
Recommendation: As recommended by the Rules and Open Government Committee on
December 4, 2019:
(a) Approve the Palestinian Flag Raising scheduled on April 3, 2020 as a
City Council sponsored Special Event and approve the expenditure of
funds; and
(b) Approve and accept donations from various individuals, businesses,
or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events
resulting in no changes to the physical environment. (Khamis)
[Rules Committee referral 12/4/19 - Item G.1.a]
Attachments Memorandum
City of San José Page 14 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.25 19-1227 Approval of City Hall Free Use on Saturday, December 21, 2019 by Council
District 2 for the Homeless Memorial Observance as a City Council
Sponsored Special Event to Expend City Funds and Accept Donations of
Materials and Services for the Event.
Recommendation: As recommended by the Rules and Open Government Committee on
December 4, 2019:
(a) Adopt a resolution authorizing “Free Use” for a memorial
observance in the Rotunda on Saturday, December 21, 2019, to honor
the houseless individuals that have died unsheltered on the streets of
San José, bring awareness to the tragedy of homelessness and build
community support for compassionate solutions to our City’s homeless
crisis, hosted by the Silicon Valley Interreligious Council and the District
2 Council office;
(b) Approve the Homeless Memorial Observance scheduled on
December 21, 2019 as a City Council sponsored Special Event and
approve the expenditure of funds; and
(c) Approve and accept donations from various individuals, businesses,
or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events
resulting in no changes to the physical environment. (Jimenez)
[Rules Committee referral 12/4/19 - Item G.1.b]
Attachments Memorandum
Resolution
2.26 19-1228 Retroactive Approval of District 4 Christmas Tree for the Berryessa
Community Center Sponsored by Council District 4 as a City Council
Sponsored Special Event to Expend City Funds and Accept Donations of
Materials and Services for the Event.
Recommendation: As recommended by the Rules and Open Government Committee on
December 4, 2019:
(a) Retroactively approve the donation of a Christmas tree from District
4 to be placed in the Berryessa Community Center lobby and decorated
by staff on December 2, 2019 as a City Council sponsored Special
Event and approve the expenditure of funds; and
(b) Approve and accept donations from various individuals, businesses,
or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events
resulting in no changes to the physical environment. (Diep)
[Rules Committee referral 12/4/19 - Item G.1.c]
Attachments Memorandum
City of San José Page 15 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.27 19-1229 Retroactive Approval of District 4 Crafts Booth at the Berryessa Community
Center Breakfast with Santa Sponsored by Council District 4 as a City
Council Sponsored Special Event to Expend City Funds and Accept Donations
of Materials and Services for the Event.
Recommendation: As recommended by the Rules and Open Government Committee on
December 4, 2019:
(a) Retroactively approve the crafts booth at the Berryessa Community
Center Breakfast with Santa event scheduled on December 7, 2019 as a
City Council sponsored Special Event and approve the expenditure of
funds; and
(b) Approve and accept donations from various individuals, businesses,
or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events
resulting in no changes to the physical environment. (Diep)
[Rules Committee referral 12/4/19 - Item G.1.d]
Attachments Memorandum
2.28 19-1230 Approval of District 4 Dumpster Day Sponsored by Council District 4as a City
Council Sponsored Special Event to Expend City Funds and Accept Donations
of Materials and Services for the Event.
Recommendation: As recommended by the Rules and Open Government Committee on
December 4, 2019:
(a) Approve the Dumpster Day event scheduled on December 14, 2019
as a City Council sponsored Special Event and approve the expenditure
of funds; and
(b) Approve and accept donations from various individuals, businesses,
or community groups to support the event.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events
resulting in no changes to the physical environment. (Diep)
[Rules Committee referral 12/4/19 - Item G.1.e]
Attachments Memorandum
City of San José Page 16 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
2.29 19-1231 Digital Cities Survey Awards Dinner.
Recommendation: As recommended by the Rules and Open Government Committee on
December 4, 2019, approve the receipt of gifts received in official
capacity in accordance with Municipal Code section 12.08.120.B.
CEQA: Not a Project, File No. PP17-010, City Organizational &
Administrative Activities resulting in no changes to the physical
environment. (Jones)
[Rules Committee referral 12/4/19 - Item G.2]
Attachments Memorandum
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, David Sykes (Verbal Report)
3.2 Labor Negotiations Update.
3.3 19-1180 Waiver of Revolving Door Restrictions.
Recommendation: As recommended by the Rules and Open Government Committee on
November 20, 2019, approve the request by Kyra Kazantzis, the
former Senior Policy Advisor for Mayor Sam Liccardo, for a Waiver of
the Revolving Door Restrictions for the work described in the attached
memo previously submitted to the Rules Committee, and adopt the
findings adopted by the Rules Committee and as outlined in the memo
that such waiver is in the best interest of the City and consistent with
the purpose of San José Municipal Code Chapter 12.10.
CEQA: Not a Project, File No. PP17-010, City Organizational &
Administrative Activities resulting in no changes to the physical
environment. (City Attorney)
[Rules and Open Government Committee referral 11/20/19 - Item G.2]
Attachments Memorandum
Kazantzis Request for Waiver of San Jose Revolving Door Rule
City of San José Page 17 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
3.4 19-1139 Civil Service Commission Interviews and Appointments.
Recommendation: Interview applicants and consider appointments to fill two (2)
Member-at-Large Seats with terms ending November 30, 2023 on the
Civil Service Commission.
CEQA: Not a Project, File No. PP17-010, City Organization &
Administrative Activities resulting in no changes to the physical
environment. (City Clerk)
NOT TO BE HEARD BEFORE 5:00 P.M.
Attachments Memorandum
Applications
Conflict of Interest
Letter from Applicant Joan Smith
3.5 19-1159 Termination of a Proclamation of a Local Emergency.
Recommendation: Adopt a resolution terminating the Director of Emergency Services’
proclamation of October 26, 2019 of the existence of a local emergency
resulting from predicted high wildfire risk conditions and PG&E’s notice
that it would execute a Public Safety Power Shutoff affecting portions
of the City of San José.
CEQA: Statutorily Exempt, CEQA Guidelines Section 15269,
Emergency Projects. (City Manager)
Attachments Memorandum
Resolution
City of San José Page 18 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
3.6 19-1160 County Implementation of Laura’s Law and Enhanced Conservatorships.
Recommendation: As recommended by the Rules and Open Government Committee on
November 20, 2019, direct the Administration to transmit a letter from
the Mayor and City Council to the Santa Clara County Board of
Supervisors and the County Administration to request County
implementation of Laura’s Law (Assisted Outpatient Treatment) and
strengthened conservatorship policies, and add these objectives to the
City’s legislative priorities.
CEQA: Not a Project, PP 17-010, City Organization & Administrative
Activities resulting in no changes to the physical environment. (City
Manager)
[Rules and Open Government referral 11/20/19 - Item G.3]
Attachments Memorandum
Attachment A
Draft Letter to Santa Clara County Board of Supervisors
Memorandum from Esparza, 12/9/2019
Letters from the Public
3.7 19-1181 Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2019.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support
Committee on November 21, 2019, accept the Fiscal Year 2018-2019
Comprehensive Annual Financial Report for the City of San José.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Finance)
[Public Safety, Finance and Strategic Support Committee referral
11/21/19 - Item (d)3]
TO BE HEARD CONCURRENTLY WITH ITEMS 3.8 (19-1161)
AND 9.1 (19-1176)
Attachments Memorandum
Presentation
Final FY 2018-19 CAFR
City of San José Page 19 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
3.8 19-1161 External Auditor’s Report: Report to those Charged with Governance for the
Year Ended June 30, 2019.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support
Committee on November 21, 2019, accept the Report to Those
Charged with Governance for the year ended June 30, 2019 as issued
by Macias Gini & O’Connell LLP, the City’s external auditor.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Finance)
[Public Safety, Finance and Strategic Support Committee referral
11/21/19 - Item (d)4]
TO BE HEARD CONCURRENTLY WITH ITEMS 3.7 (19-1181)
AND 9.1 (19-1176)
Attachments Memorandum
Presentation
External Auditor Report to Those Charged With Governance
3.9 19-1162 Comprehensive Annual Debt Report for Fiscal Year Ended June 30, 2019.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support
Committee on November 21, 2019, accept the Comprehensive Annual
Debt Report for the City of San José for Fiscal Year ended June 30,
2019.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Finance)
[Public Safety, Finance and Strategic Support Committee referral
11/21/19 - Item (d)5]
Attachments Memorandum
Presentation
Final FY 2018-19 CADR
City of San José Page 20 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
3.10 19-1163 Public Hearing on Recording Liens on Properties for Reimbursement of Cost
of Sidewalk Repairs to be Placed on the Fiscal Year 2020-2021 Santa Clara
County Secured Property Tax Bill.
Recommendation: (a) Conduct a Public Hearing on recording liens on properties for the
reimbursement of the cost of sidewalk repairs.
(b) Adopt a resolution confirming the Report from the Director of
Finance concerning the delinquent sidewalk repair costs and the
assessments contained in the report.
(c) Direct the recording of liens and the placement of charges as set
forth therein on the 2020-2021 Santa Clara County Secured Property
Tax Bill for the cost of sidewalk repairs.
CEQA: Not a Project, File No. PP17-004, Government Funding
Mechanism or Fiscal Activity with no commitment to a specific project
which may result in a potentially significant physical impact on the
environment. (Finance)
Attachments Memorandum
Resolution
Memorandum from Peralez, 12/10/19
City of San José Page 21 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
3.11 19-1232 Spending Priorities for Potential General Fund Revenue from a Real Property
Transfer Tax Measure.
City of San José Page 22 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
Recommendation: As recommended by the Rules and Open Government Committee on
December 4, 2019:
(a) Conduct a budgeting discussion and consideration of spending
priorities for potential General Fund revenue that may result from the
passage of a real property transfer tax measure.
(b) Direct staff to provide the necessary amendments to Council Policy
1-18, Operating Budget and Capital Improvement Program Policy, for
the outcome of the Council’s deliberations on this budgeting decision.
(c) Include within the Council Policy the following spending priorities
for General Fund revenue flowing from the potential real property
transfer tax measure:
(1) Up to 5% set-aside for City administration of funding related to
increased workload resulting from more robust homeless prevention
efforts and the creation of more affordable housing, and
(2) Of the remaining revenue, allocate:
(i) 10% for homelessness prevention and rental assistance for
homeless college and school-engaged students, victims of domestic
violence, seniors, and families,
(ii) 45% for permanent supportive and affordable rental housing for
extremely low-income (ELI) households-defined as earning less than
30% of area median income (AMI),
(iii) 35% for affordable rental housing for 30%-80% AMI
households, and
(iv) 10% for below market-rate for-sale housing and
moderate-income rental housing-up to and including 120%
AMI-including rent-restricted ADU forgivable loans, down payment
assistance, and first-time homeownership opportunities for households
up to 120% AMI.
(d) We also propose further transparency and accountability of the City
Council’s spending decisions relating to revenue from the real property
transfer tax revenue, in addition to the already-directed requirement of a
two-thirds Council vote amending any spending priorities and
establishment of an Oversight Committee:
(1) Requiring a 60-day notice and at least two public hearings prior to
the Council taking action on any proposed change to the annual
spending plan that could shift any funding, and
(2) Creating a separate accounting for the revenues generated by the
measure for the purposes of oversight by the Oversight Committee.
CEQA: Not a Project, File No. PP17-007, Preliminary direction to
staff, eventual action requires approval from decision-making body, and
File No. PP17-004, Government Funding Mechanism or Fiscal Activity
City of San José Page 23 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
with no commitment to a specific project which may result in a
potentially significant physical impact on the environment. (Mayor,
Peralez, Diep, Foley)
[Rules Committee referral 12/4/19 - Item G.3]
Attachments Memorandum
Letters from the Public
3.12 19-1233 Resolution in Support of Transforming PG&E into a Customer-Owned Utility.
Recommendation: As recommended by the Rules and Open Government Committee on
December 4, 2019, adopt a resolution that supports transforming Pacific
Gas & Electric Company into a private, customer-owned utility,
maintaining the utility's current service area.
CEQA: Not a Project: File No. PP17-010, Organizational &
Administrative Activities resulting in no changes to the physical
environment. (Mayor)
[Rules Committee referral 12/4/19 - Item G.4]
Attachments Memorandum
Memorandum from Mayor, 12/6/19
Mutualization Resolution
Resolution
4. COMMUNITY & ECONOMIC DEVELOPMENT
4.1 19-1164 Team San José and Convention and Visitors Bureau Performance 2018-2019.
Recommendation: As recommended by the Community and Economic Development
Committee on November 18, 2019, accept report on Team San José
and Convention and Visitors Bureau performance.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (City Auditor)
[Community and Economic Development Committee referral 11/18/19
- Item (d)4]
Attachments Memorandum
City of San José Page 24 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
4.2 19-1165 Financial Feasibility Study of the Ice Centre Expansion Project.
Recommendation: (a) Accept Feasibility Study on the financial feasibility of financing the
proposed expansion of the Solar4America Ice Centre with the lease
payments from the Sharks Ice, LLC;
(b) Direct staff to develop a bond financing structure and prepare the
necessary documents for consideration by the City of San José
Financing Authority Board and City Council; and
(c) Direct staff to negotiate an Amended and Restated Lease and
Management Agreement with Sharks Ice, LLC for the City Council’s
consideration.
CEQA: Not a Project, File No. PP17-007, Preliminary direction to
staff, eventual action requires approval from decision-making body.
(Economic Development/Finance)
Attachments Memorandum
Presentation
Attachment A
Attachment B
Letters from the Public
City of San José Page 25 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
4.3 19-1166 Status Report Council Policy Priority #8 - North San José Area Development
Policy Update.
Recommendation: (a) Accept staff’s status report on the proposed amendments to the
North San José Area Development Policy;
(b) Direct staff to proceed with the proposed approach to the North San
José Area Development Policy including the preparation of the
appropriate environmental review under the California Environmental
Quality Act (CEQA) to facilitate near term development; and
(c) Return to Council shortly after the New Year with specific
recommendations on the implementation of recent state legislation
advancing residential development that takes effect
on January 1, 2020.
CEQA: Not a Project, PP17-009, Staff Reports, Assessments, Annual
Reports, and Informational Memos that involve no approvals of any
City action. Council Districts 3 and 4. (Economic
Development/Planning, Building and Code
Enforcement/Transportation)
Attachments Memorandum
Presentation
Memorandum from Diep, 12/9/2019
Letters from the Public
4.4 19-1167 Report on Bids and Award of Contract for the 8267 - Traffic Signal
Modification at King Road and San Antonio Street.
Recommendation: Report on bids and award of contract for the 8267 - Traffic Signal
Modification at King Road and San Antonio Street to the low bidder,
Columbia Electric, Inc., in the amount of $1,094,851 and approval of a
5 percent contingency in the amount of $54,743.
CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines
Section 15301(c), Existing Facilities. Council District 5. (Public
Works/Transportation/Housing)
Attachments Memorandum
City of San José Page 26 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
4.5 19-1168 Status Report on Measure T - The Disaster Preparedness, Public Safety and
Infrastructure General Obligation Bond.
Recommendation: (a) Accept the status report on the workplan and implementation
updates for projects included in the approved Measure T Bond
Measure.
(b) Adopt the following Appropriation Ordinance amendments in the
Construction Tax and Property Conveyance Tax Fund: Fire Protection
Purposes:
(1) Establish the Aircraft Rescue and Fire Fighting Facility
appropriation to the Fire Department in the amount of $383,000; and
(2) Decrease the Unrestricted Ending Fund Balance by $383,000.
(c) Increase the Design-Build Contingency for the 8963 - Mineta San
José International Airport Aircraft Rescue and Fire Fighting Facility -
Fire Station No. 20 Project by $383,000 from $1,540,000 to
$1,923,000.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Public Works/City Manager)
Attachments Memorandum
Presentation
5. NEIGHBORHOOD SERVICES
City of San José Page 27 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
5.1 19-1169 Actions Related to the Pellier Park Master Plan.
Recommendation: (a) Adopt a resolution adopting the Addendum to the Brandenburg
Mixed Use Project/North San Pedro Housing Sites Final Environmental
Impact Report and Downtown Strategy 2040 Environmental Impact
Report, and Addenda thereto, in accordance with the California
Environmental Quality Act, as amended.
(b) Approve the Pellier Park Master Plan to guide development of a
0.52-acre site at the northeast corner of Terraine Street and West St.
James Street in Downtown San José.
CEQA: Addendum to Brandenburg Mixed Use Project/North San Pedro
Housing Sites Final Environmental Impact Report File No. GP03-03-01
(Resolution No. 72170) and Downtown Strategy 2040 Environmental
Impact Report (Resolution No. 78942), and Addenda thereto. Council
District 3. (Parks, Recreation and Neighborhood Services)
Attachments Memorandum
Presentation
Resolution
Memorandum from Peralez, 12/9/2019
5.2 19-1170 ActivateSJ - Department Strategic Plan.
Recommendation: As recommended by the Neighborhood Services and Education
Committee on November 14, 2019, accept the Department of Parks,
Recreation and Neighborhood Services 20-year strategic plan,
ActivateSJ.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Parks, Recreation and Neighborhood Services)
[Neighborhood Services and Education Committee referral 11/14/19 -
Item (d)3]
Attachments Memorandum
Presentation
NSE Presentation, 11/14/19
Memorandum from Mayor and Jimenez, 12/6/19
Memorandum from Khamis, 12/10/2019
Letter from the Public
City of San José Page 28 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
5.3 19-1171 Update on Neighborhood Center Partner Program (formerly Community
Center Reuse Program).
Recommendation: As recommended by the Neighborhood Services and Education
Committee on November 14, 2019:
(a) Accept the Neighborhood Center Partner Program (formerly
Community Center Reuse Program) status report; and
(b) Approve the removal of seven facilities from the Neighborhood
Center Partner Program facility inventory list.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. (Parks, Recreation and Neighborhood Services)
[Neighborhood Services and Education Committee referral 11/14/19 -
Item (d)4]
Attachments Memorandum
Presentation
NSE Presentation, 11/14/19
Memorandum from Mayor, 12/6/19
Attachment A
6. TRANSPORTATION & AVIATION SERVICES
6.1 19-1172 Report on Fiscal Year 2018-2019 Traffic Impact Fee.
Recommendation: Accept the annual and five-year report prepared in accordance with the
Mitigation Fee Act (Government Code section 66000 et seq.) on the
status of the City’s four traffic impact fee programs:
(a) North San José;
(b) Evergreen-East Hills;
(c) US-101/Oakland/Mabury; and
(d) Interstate 280/Winchester Boulevard.
CEQA: Not A Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational memos that involve no approvals of
any City action. (Transportation)
Attachments Memorandum
Letters from the Public
City of San José Page 29 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
6.2 19-1173 Report on BART Phase II Transit-Oriented Communities Strategy Study.
Recommendation: Accept the report from the Santa Clara Valley Transportation Authority
on the BART Phase II Transit Oriented Communities Strategy Study
and endorse the approach outlined in the study for creating transit
oriented communities in San José, subject to conditions.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action. Council Districts 3 and 5. (Transportation/Planning,
Building and Code Enforcement)
NOT TO BE HEARD BEFORE 6:00 P.M. PENDING ORDERS OF
THE DAY
Attachments Replacement Memorandum
Presentation
Memorandum from Peralez, 12/9/2019
Letters from the Public
7. ENVIRONMENTAL & UTILITY SERVICES
City of San José Page 30 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
7.1 19-1174 Actions Related to the 2020 Power Mix, Opt-Out Fee Waiver, and Net Energy
Metering Enrollment.
Recommendation: Adopt a resolution:
(a) Establishing a power mix of at least 86% greenhouse gas-free energy
with at least 45% renewable energy for San José Clean Energy’s
GreenSource base product beginning January 1, 2020; provided that,
notwithstanding the power mix, San José Clean Energy’s GreenSource
product will continue to be at 1% below Pacific Gas and Electric
Company’s generation rates after accounting for the franchise fee
surcharge and the Power Charge Indifference Adjustment across all rate
classes for 2020, and the 100% renewable energy TotalGreen product
will continue to be 0.5-1 cent per kWh higher than GreenSource.
(b) Waiving opt-out fees of San José Clean Energy service for all
customers.
(c) Approve the final phase of customer enrollments by San José Clean
Energy to enroll residential and small commercial Net Energy Metering
customers in four quarterly batches beginning in April 2020 and
finishing in January 2021.
CEQA: Not a Project, File No. PP17-008, General Procedure & Policy
Making resulting in no changes to the physical environment.
(Community Energy)
Attachments Replacement Memorandum
Presentation
Resolution
8. PUBLIC SAFETY
City of San José Page 31 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
8.1 19-1175 Actions Related to the Proposed 2019-2021 Spending Plan for the
Supplemental Law Enforcement Services Grant, Approval of the Revised
2018-2020 Spending Plan for the Supplemental Law Enforcement Services
Fund Grant. - RENUMBERED TO ITEM 2.22
Recommendation: (a) Approve the proposed 2019-2021 Spending Plan for the
Supplemental Law Enforcement Services (SLES) Grant in the amount
of $1,580,790 and authorize the Chief of Police to amend the Spending
Plan in conformity to the budget priorities set out in the staff
memorandum and in the event State SLES Grant payments are less or
more than expected.
(b) Approve the revised 2018-2020 Spending Plan for the SLES Grant
in the amount of $2,491,761.
(c) Adopt the following Appropriation Ordinance and Funding Sources
Resolution amendments in the Supplemental Law Enforcement Services
Fund:
(1) Increase the estimate for Revenue from State of California by
$1,281,085;
(2) Increase the appropriation to the Police Department for the
SLES Grant 2018-2020 in the amount of $893,942; and
(3) Establish an appropriation to the Police Department for the
SLES Grant 2019-2021 in the amount of $387,143.
CEQA: Not a Project, File No. PP17-004, Government Funding
Mechanism or Fiscal Activity with no commitment to a specific project
which may result in a potentially significant physical impact on the
environment. (Police/City Manager)
RENUMBERED TO 2.22 (19-1198)
Attachments Memorandum
9. REDEVELOPMENT – SUCCESSOR AGENCY
City of San José Page 32 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
9.1 19-1176 Successor Agency to the Redevelopment Agency of the City of San José
Fiscal Year 2018-2019 Audited Financial Statements.
Recommendation: Accept the Fiscal Year 2018-2019 Independent Auditor’s Reports and
Basic Financial Statements for the Successor Agency to the
Redevelopment Agency of the City of San José.
CEQA: Not a Project, File No. PP17-010, City Organizational &
Administrative Activities resulting in no changes to the physical
environment. (Finance)
TO BE HEARD CONCURRENTLY WITH ITEMS 3.7 (19-1181)
AND 3.8 (19-1161)
Attachments Memorandum
Presentation
10. LAND USE
Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item
10.1) as they are considered to be routine by the City Council and will be adopted by one motion.
If a member of the City Council, staff, or public requests discussion on a particular item, that item
will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately.
10.1 Land Use on Consent Calendar
No Land Use items on Consent Calendar.
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
• Open Forum
Members of the Public are invited to speak on any item that does not appear on today’s Agenda
and that is within the subject matter jurisdiction of the City Council.
• Adjournment
This meeting will be adjourned in memory of Thaddeus Campbell, who reimagined the future of Silicon
Valley Pride, and was the embodiment of everything we love in the Silicon Valley.
City of San José Page 33 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN
THE COUNCIL CHAMBERS AND COMMITTEE ROOMS
The Code of Conduct is intended to promote open meetings that welcome debate of public policy issues being
discussed by the City Council, their Committees, and City Boards and Commissions in an atmosphere of
fairness, courtesy, and respect for differing points of view.
1. Public Meeting Decorum:
a) Persons in the audience will refrain from behavior which will disrupt the public meeting.
This will include making loud noises, clapping, shouting, booing, hissing or engaging in
any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the
meeting.
b) Persons in the audience will refrain from creating, provoking or participating in any type
of disturbance involving unwelcome physical contact.
c) Persons in the audience will refrain from using cellular phones and/or pagers while the
meeting is in session.
d) Appropriate attire, including shoes and shirts are required in the Council Chambers and
Committee Rooms at all times.
e) Persons in the audience will not place their feet on the seats in front of them.
f) No food, drink (other than bottled water with a cap), or chewing gum will be allowed in the
Council Chambers and Committee Rooms, except as otherwise pre-approved by City staff.
g) All persons entering the Council Chambers and Committee Rooms, including their bags,
purses, briefcases and similar belongings, may be subject to search for weapons and other
dangerous materials.
2. Signs, Objects or Symbolic Material:
a) Objects and symbolic materials, such as signs or banners, will be allowed in the Council
Chambers and Committee Rooms, with the following restrictions: § No objects will be
larger than 2 feet by 3 feet.
-No sticks, posts, poles or other such items will be attached to the signs or other
symbolic materials.
-The items cannot create a building maintenance problem or a fire or safety hazard.
b) Persons with objects and symbolic materials such as signs must remain seated when
displaying them and must not raise the items above shoulder level, obstruct the view or
passage of other attendees, or otherwise disturb the business of the meeting.
c) Objects that are deemed a threat to persons at the meeting or the facility infrastructure are
not allowed. City staff is authorized to remove items and/or individuals from the Council
Chambers and Committee Rooms if a threat exists or is perceived to exist. Prohibited items
include, but are not limited to: firearms (including replicas and antiques), toy guns,
explosive material, and ammunition; knives and other edged weapons; illegal drugs and
drug paraphernalia; laser pointers, scissors, razors, scalpels, box cutting knives, and other
cutting tools; letter openers, corkscrews, can openers with points, knitting needles, and
hooks; hairspray, pepper spray, and aerosol containers; tools; glass containers; and large
backpacks and suitcases that contain items unrelated to the meeting.
City of San José Page 34 Printed on 12/11/2019
City Council Amended Agenda December 10, 2019
CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN
THE COUNCIL CHAMBERS AND COMMITTEE ROOMS (CONT’D.)
3. Addressing the Council, Committee, Board or Commission:
a) Persons wishing to speak on an agenda item or during open forum are requested to
complete a speaker card and submit the card to the City Clerk or other administrative staff
at the meeting.
b) Meeting attendees are usually given two (2) minutes to speak on any discussion item
and/or during open forum; the time limit is in the discretion of the Chair of the meeting
and may be limited when appropriate. Applicants and appellants in land use matters are
usually given more time to speak. Speakers using a translator will be given twice the time allotted
to ensure non-English speakers receive the same opportunity to directly address the Council,
Committee, Board or Commission.
c) Speakers should discuss topics related to City business on the agenda.
d) Speakers’ comments should be addressed to the full body. Requests to engage the Mayor,
Council Members, Board Members, Commissioners or Staff in conversation will not be
honored. Abusive language is inappropriate.
e) Speakers will not bring to the podium any items other than a prepared written statement,
writing materials, or objects that have been inspected by security staff.
f) If an individual wishes to submit written information, he or she may give it to the City
Clerk or other administrative staff at the meeting.
g) Speakers and any other members of the public will not approach the dais at any time without prior
consent from the Chair of the meeting.
Failure to comply with this Code of Conduct which will disturb, disrupt or impede the orderly conduct of the
meeting may result in removal from the meeting and/or possible arrest.
City of San José Page 35 Printed on 12/11/2019