City Council

City Council Meeting Amended Agenda Tuesday, August 18, 2020 11:00 AM Virtual Meeting https://sanjoseca.zoom.us/j/91325378626 Regular Meeting 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. • Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services. • Transportation & Aviation Services - A safe and efficient transportation system that contributes to the livability and economic health of the City; and provide for the air transportation needs of the community and the region at levels that is acceptable to the community. • Environmental and Utility Services - Manage environmental services and utility systems to ensure a sustainable environment for the community. • Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life. • Community & Economic Development - Manage the growth and change of the community in order to create and preserve healthy neighborhoods and ensure a diverse range of employment and housing opportunities. You may speak to the City Council about any discussion item that is on the agenda, and you may also speak during Open Forum on items that are not on the agenda and are within the subject matter jurisdiction of the City Council or Successor Agency to the Redevelopment Agency Board. If you wish to speak to the City Council, please refer to the following guidelines: o Fill out a Yellow Speaker’s Card and submit it to the City Clerk seated at the front table. Do this before the meeting or before the item is heard. This will ensure that 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 https://www.sanjose.legistar.com/Calendar.aspx. Council Meetings are televised live and rebroadcast on Channel 26. All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanjoseca.gov for the final document. American Disability Act: To request an alternative format agenda under the Americans with Disabilities Act for City-sponsored meetings, events or printer materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting. Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at ADA@sanjoseca.gov or by calling (408) 535-8430. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. On occasion the City Council may consider agenda items out of order. City Council Amended Agenda August 18, 2020 * COVID-19 NOTICE * Consistent with the California Governor’s Executive Order No. N-29-20, Resolution No. 79485 from the City of San José and the Santa Clara County Health Officer’s March 16, 2020 Shelter in Place Order, the City Council meeting will not be physically open to the public and the City Council will be teleconferencing from remote locations. How to observe the Meeting (no public comment): 1) Cable Channel 26, 2) https://www.sanjoseca.gov/news-stories/watch-a-meeting, or 3) https://www.youtube.com/CityofSanJoseCalifornia How to submit written Public Comment before the City Council Meeting: 1) Use the eComment tab located on the City Council Agenda page. eComments are also directly sent to the ilegislate application used by City Council and staff. 2) By email to city.clerk@sanjoseca.gov by 10:00 a.m. the day of the meeting. Those emails will be attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in the subject line of your email. How to submit written Public Comment during the City Council Meeting: 1) Email during the meeting to councilmeeting@sanjoseca.gov, identifying the Agenda Item Number in the email subject line. Comments received will be included as a part of the meeting record but will not be read aloud during the meeting. How to provide spoken Public Comment during the City Council Meeting: 1) By Phone: (888) 475 4499. Webinar ID is 913 2537 8626. Click *9 to raise a hand to speak. 2) Online at: https://sanjoseca.zoom.us/j/91325378626 a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. d. When called, please limit your remarks to the time limit allotted. • Call to Order and Roll Call City of San José Page 4 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 9:00 a.m.- Closed Session, Call to Order 20-858 Closed Session Agenda Attachments Closed Session Agenda 11:00 a.m.- Regular Session Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.” Click the language you would like to hear. For Vietnamese, please select “German.”* * Zoom does not currently support Vietnamese translation, but we have added Vietnamese interpreters under “German.” Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). Haga clic en el idioma que desea escuchar. Para el vietnamita, seleccione "German".* * Zoom no ofrece actualmente la traducción al vietnamita, pero hemos añadido intérpretes vietnamitas en "German". Thông dịch có sẵn bằng tiếng Tây Ban Nha và tiếng Việt. Trong các điều khiển hội thảo trên web của bạn, hãy chọn “Interpretation” (Phiên dịch). Nhấp vào ngôn ngữ mà bạn muốn nghe. Đối với người Việt Nam, vui lòng chọn “German” (tiếng Đức). * *Zoom hiện không hỗ trợ phiên dịch tiếng Việt, nhưng chúng tôi đã thêm phiên dịch tiếng Việt dưới tựa “German” (Tiếng Đức). • Pledge of Allegiance • Invocation (District 7) Monica Arellano - Muwekma Ohlone Tribe. • Orders of the Day To be heard after Ceremonial Items Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise. • Closed Session Report To be heard after Ceremonial Items 1. CEREMONIAL ITEMS City of San José Page 5 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 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. 20-900 Final Adoption of Ordinances. Recommendation: (a) Ord No. 30453 - An Ordinance of the Council of the City of San José Dedicating as Public Right-Of-Way Approximately 21,799 Square Feet of City-Owned Property North of Story Road as Knox Avenue to Align with Existing Public Improvements. [Passed for Publication on 8/4/2020 - Item 2.8 (20-824)] 2.3 Approval of Council Committee Minutes. 2.4 Mayor and Council Excused Absence Requests. 2.5 City Council Travel Reports. 2.6 Report from the Council Liaison to the Retirement Boards. 2.7 20-866 2020 League of California Cities Annual Meeting Voting Delegate and Alternate. Recommendation: Approve the designation of Councilmember Sergio Jimenez as the voting delegate to the General Assembly at the October 9, 2020 League of California Cities Annual Meeting. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) Attachments Memorandum City of San José Page 6 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 2.8 20-867 Adoption of Appropriation Ordinance and Funding Sources Resolution Amendments in Various Funds to Rebudget Funds to 2020-2021 for Completion of Projects. Recommendation: (a) Adopt the following 2020-2021 Appropriation Ordinance and Funding Sources Resolution amendments in the Convention Center Facility District Capital Fund: (1) Increase the Beginning Fund Balance by $96,000; and (2) Establish the Public Art appropriation to the Office of Economic Development by $96,000. (b) Adopt the following 2020-2021 Appropriation Ordinance and Funding Sources Resolution amendments in the Sewer Service and Use Charge Capital Improvement Fund: (1) Increase the Beginning Fund Balance by $691,000; and (2) Increase the Public Art appropriation to the Office of Economic Development by $691,000. 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. (City Manager) Attachments Memorandum 2.9 20-873 Amendment to the Agreement with HR&A Advisors, Inc. for Development Agreement Services with Google. Recommendation: Approve the Second Amendment to an Agreement with HR&A Advisors, Inc., increasing the amount of compensation by $270,000 for a total amount of compensation not to exceed $695,000, to continue assistance with negotiating a Development Agreement with Google. CEQA: Not a Project, File No. PP17-001 Feasibility, and Planning Studies with no commitment to future actions and File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Economic Development) Attachments Memorandum Agreement City of San José Page 7 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 2.10 20-874 Application for CARES Act Grant from Federal Economic Development Administration. Recommendation: Adopt a resolution: (a) Ratifying the application by the City Manager to apply for a CARES Act grant from the federal Economic Development Administration in partnership with SFMade, Inc. and the San José Downtown Association for small business recovery and support related to the COVID-19 pandemic; (b) Ratifying the Agreement with SFMade, Inc. and the San José Downtown Association dated July 24, 2020 to implement the proposed grant program if approved by the Economic Development Administration; and (c) Authorizing the City Manager to negotiate pre-award terms and, if awarded, negotiate and execute a grant agreement with the Economic Development Administration. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council Districts 3, 4, 5, 7 and 8. (Economic Development) Attachments Memorandum Resolution 2.11 20-942 Agreement with San José Water Company for Water Facility Services for the Fire Station No. 37 Project. Recommendation: Approve an agreement with the San José Water Company for installation of water facilities to serve the new Fire Station No. 37 project, in the amount of $192,501. CEQA: Categorically Exempt, File No. PP09-150, CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures. Council District 6. (Public Works) [Deferred from 8/11/2020 - Item 2.11 (20-848)] Attachments Memorandum Agreement Letters from the Public City of San José Page 8 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 2.12 20-901 Retroactive Approval of City Hall Lighting Display Sponsored By Council District 1 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for The Event. Recommendation: Retroactively approve the City Hall Lighting Display Event for Eddie Gale, scheduled for August 15, 2020 as a City Council sponsored Special Event and approve the expenditure of funds. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Jones) [Rules Committee referral 8/12/2020 - Item A.1.a] Attachments Memorandum 2.13 20-939 Approval of Assyrian Memorial Month 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: (a) Approve Assyrian Memorial Month to be recognized by the City Council on Tuesday, August 18, 2020, as a City Council sponsored Special Event and approve the expenditure of funds. (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 8/12/2020 - Item A.1.a] Attachments Memorandum 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, David Sykes (Verbal Report) 20-868 (a) City Manager’s COVID 19 Update (Verbal Report) (b) City Manager’s Report on Other City Matters (Verbal Report) TO BE HEARD BEFORE CONSENT CALENDAR Attachments Information Memorandum Presentation 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. City of San José Page 9 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 3.3 20-869 Audit of Fleet Maintenance. Recommendation: Accept the report on the Fleet Maintenance Audit. 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) Attachments Memorandum Presentation 3.4 20-870 Extension of Proclamation of Local Emergency Related to COVID-19. Recommendation: Adopt a resolution finding the continued existence of a local emergency and extending the March 6, 2020 Director of Emergency Services’ proclamation of a local emergency resulting from community spread of the coronavirus, also known as COVID-19 in the City of San José. CEQA: Statutorily Exempt, CEQA Guidelines Section 15269, Emergency Projects Undertaken for Specific Actions Necessary to Prevent or Mitigate an Emergency. (City Manager) Attachments Memorandum Resolution City of San José Page 10 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 3.5 20-871 Community and Economic Recovery and Coronavirus Relief Funds for Local Assistance Efforts. City of San José Page 11 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 Recommendation: (a) Accept the verbal staff report on the Emergency Operations Center Community and Economic Recovery efforts. (b) (1) Approve allocating $2,479,500 of the Coronavirus Relief Funds for Resident Assistance to fund a job training and subsidized employment program through work2future, including wrap-around services such as childcare for individuals who have experienced job loss or other impacts related to COVID-19, and (2) Direct the City Manager to conduct additional community outreach regarding the expenditure of the remaining Resident Assistance funding. (c) Adopt a resolution authorizinbg the City Manager to negotiate and execute the following grant agreements, including any amendments and revisions to said agreements and any necessary documents to effectuate the grant, to use Coronavirus Relief Funds to provide assistance to San José residents, small businesses, and nonprofits that have been negatively impacted by the COVID-19 pandemic: (1) With Sacred Heart Community Services in an amount not to exceed $7.5 million to provide rental relief and other eligible financial assistance to San José residents, as well as to fund outreach efforts to connect San José residents with rental relief, job training, and other assistance; (2) With the Enterprise Foundation, through its Small Business Development Center program, in an amount not to exceed $3.8 million to provide rental relief and other eligible financial assistance to low-income and moderate-income San José small business owners; (3) With the Center for Cultural Innovation in an amount not to exceed $208,000 to provide financial assistance for creative entrepreneurs and artists; (4) With First 5 Santa Clara County in an amount not to exceed $2.5 million to provide financial assistance to Family Childcare Homes that have been impacted by the COVID-19 pandemic; and (5) With Silicon Valley Community Foundation in an amount not to exceed $8 million to administer grants to cross-sector nonprofit organizations, inclusive of the arts and other social sectors; to fund technical assistance for nonprofits and small businesses to the extent feasible; to fund the procurement of personal protective equipment by nonprofit programs for their staff and the community; to fund community outreach efforts related to the COVID-19 pandemic; and to provide contract administration for the District 4 Economic Assistance Program. Should any single category not require all of the funds originally allocated, the City Manager is authorized to shift funding into another of these grantmaking categories. City of San José Page 12 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 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. (City Manager) Attachments Memorandum Supplemental Memorandum Memorandum from Arenas, 8/17/2020 Presentation Letters from the Public 3.6 20-872 Proposition 16 on the November 3, 2020 California General Election Ballot. - DEFERRED Recommendation: Receive analysis and adopt a support position for Proposition 16 on the November 3, 2020 California General Election ballot. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) DEFERRED TO 8/25/2020 PER RULES AND OPEN GOVERNMENT COMMITTEE Attachments Memorandum 3.7 20-881 Actions Related to Police Reform, Reimagining Police, and Strengthening the Investigative Authority of the Office of the Independent Police Auditor. - RENUMBERED TO ITEM 4.3 3.8 20-883 Report on Police Misconduct Complaints Received During Period of Civil Unrest. - RENUMBERED TO ITEM 4.1 4. PUBLIC SAFETY SERVICES City of San José Page 13 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 4.1 20-943 Report on Police Misconduct Complaints Received During Period of Civil Unrest. - RENUMBERED FROM ITEM 3.8 Recommendation: Accept the report on the police misconduct complaints received by the Office of the Independent Police Auditor and the Internal Affairs Unit during the period of civil unrest CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Independent Police Auditor) [Deferred from 8/11/2020 - Item 3.3 (20-850)] [RENUMBERED FROM ITEM 3.8 (20-883)] NOT TO BE HEARD BEFORE 2:00 P.M. Attachments Memorandum Attachment Letters from the Public 4.2 20-945 Release of Police Department Video Clips Related to Recent Protests. Recommendation: Accept a report detailing the public release of video clips from the recent protests that are in the possession of or readily available to the Police Department. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Police) [Deferred from 8/5/2020 - Item 4.1 (20-832)] NOT TO BE HEARD BEFORE 2:00 P.M. Attachments Memorandum Letters from the Public City of San José Page 14 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 4.3 20-946 Actions Related to Police Reform, Reimagining Police, and Strengthening the Investigative Authority of the Office of the Independent Police Auditor. - RENUMBERED FROM ITEM 3.7 Recommendation: (a) Direct the Independent Police Auditor (IPA) and City Manager to return to Council by September 25, either through a report to Council or information memo, with a timeline and update on the release of a request for proposal (RFP) to select a consultant to conduct a use of force review and recommendations on additional amendments to the SJPD Duty Manual or other protocols that further align San Jose with 21st Century Policing best practices. (b) Direct the City Manager to return to Council by September 25, either through a report to Council or information memo, with an outreach plan for community engagement specific to reimagining policing. This should include, but not be limited to: (1) Create a timeline and sequence for outreach that includes a process and a clear strategy for including neighborhoods that have historically endured high rates of crime and poverty. (2) Incorporate the selection of a new Chief of Police into the timeline to ensure that the new Chief will be engaged directly in that community dialogue. COUNCIL AGENDA: AUGUST 18, 2020 ITEM: 4.3 (3) Explore partnerships with San Jose State University and recommendation-neutral community-based institutions that have familiarity with SJPD and the San Jose community, as an additional “high touch” strategy to reach out to communities that may not be heard through digital platforms currently used. (c) Direct the City Manager and Independent Police Auditor to confer on sequencing of the use of force review, reimagining public safety, and selection of a new Chief of Police to determine the best possible timeline and potential to involve the same consultant(s) for community engagement aspects of all of these portions of the workplan. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Mayor, Jones, Diep, Peralez and Carrasco) [Rules Committee referral 8/5/2020 - Item G.5] [RENUMBERED FROM ITEM 3.7 (20-881)] NOT TO BE HEARD BEFORE 2:00 P.M. Attachments Memo from Mayor, Jones, Diep, Peralez & Carrasco, 8/14/2020 Memo from Mayor, Jones, Diep and Carrasco, 7/30/2020 Letters from the Public City of San José Page 15 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 4.4 20-884 Police Department Duty Manual Amendments. - RENUMBERED FROM ITEM 4.1 Recommendation: (a) Approve amendments to the Police Department Duty Manual referenced as one through five in the July 27, 2020 Memo that follow the direction provided by the City Council as part of the police reforms work plan. (b) Direct the City Manager to: (1) Strengthen amendment six, to ban the use of rubber bullets in any crowded setting. (2) Ban the use of the Carotid Restraint for any purpose other than self-defense of the officer or defense of another person, and only where the officer or other person’s life is under imminent and serious threat of death--commensurate with the necessary predicate for the use of a firearm. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Police) [Deferred from 8/11/2020 - Item 4.1 (20-851)] [RENUMBERED FROM ITEM 4.1 (20-884)] NOT TO BE HEARD BEFORE 2:00 P.M. Attachments Memorandum from Mayor, Jones, Diep & Carrasco, 8/18/2020 Memorandum, 7/27/2020 Memorandum from Arenas, 8/17/2020 Letters from the Public 5. TRANSPORTATION & AVIATION SERVICES 6. ENVIRONMENTAL & UTILITY SERVICES 7. NEIGHBORHOOD SERVICES 8. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 16 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 8.1 20-875 Downtown Residential High-Rise Inclusionary Housing Ordinance In Lieu Fee Reduction. Recommendation: (a) Adopt a resolution authorizing a reduction in the in lieu fee for Downtown High-Rise (Rental and For-Sale) projects in the Downtown Core (as described in Resolution Number 73587 adopted January 9, 2007) that are ten (10) or more floors or stories in height not including any nonresidential uses where the highest occupied floor has a floor level elevation that is at least 150 feet above street level under the Inclusionary Housing Ordinance to the amount of: (1) $0 for projects obtaining building permits by June 30, 2023, with annual increases to the in lieu fee, for projects obtaining building permits after that date (not to exceed $13/SF by June 30, 2024 and then $23/SF by June 30,2025) and returning the Downtown High-Rise in lieu fee to the full amount for project that receive building permits after June 30, 2025; and (2) The projects would need to obtain Certificates of Occupancy for 80% of dwelling units on or prior to June 30, 2025. (b) Adopt a resolution amending the 2020-2021 Schedule of Fees and Charges (Resolution No. 72737, as amended) to reduce the Inclusionary In Lieu Fee under San José Municipal Code Chapter 5.08 to reflect the schedule in the resolution above for qualifying Downtown High-Rise Residential Developments receiving Certificates of Occupancy for 80% of dwelling units by June 30, 2025. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Economic Development/Housing) Attachments Memorandum (a) Resolution (b) Resolution Letters from the Public 9. REDEVELOPMENT – SUCCESSOR AGENCY 10. LAND USE Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item 10.1) as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council, 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. City of San José Page 17 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 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 • Adjournment City of San José Page 18 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 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 19 Printed on 8/18/2020 City Council Amended Agenda August 18, 2020 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 20 Printed on 8/18/2020