City Council

City Council Meeting Amended Agenda Tuesday, October 6, 2020 1:30 PM Virtual Meeting https://sanjoseca.zoom.us/j/91325378626 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 October 6, 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. Click *6 to unmute. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free) 2) Online at: https://sanjoseca.zoom.us/j/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. City of San José Page 4 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 For Closed Captions, please visit the City’s YouTube channel : https://www.youtube.com/CityofSanJoseCalifornia, or website livestream https://www.sanjoseca.gov/news-stories/watch-a-meeting. Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.” Click the language you would like to hear. 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). Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). • Call to Order and Roll Call 9:30 a.m. - Closed Session, Call to Order 20-1181 Closed Session Agenda Attachments Closed Session Agenda 1:30 p.m. - Regular Session • Pledge of Allegiance • Invocation (District 9) St. Frances Cabrini with Starting Arts - Circle of Life • 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. • Adjournment City of San José Page 5 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 The adjournment is in memory of Harry Mavrogenes and in acknowledgement of his three decades of distinguished public service. Harry began his career in the City’s Planning Department (1971-1980) and served as the San Jose Redevelopment Agency’s Principal Planner (1980-1985), Director of Program Development (1985-1986), Downtown Plan Coordinator (1987-1990), Deputy Executive Director (1998-2003), and Executive Director (2003-2011). We offer our deepest sympathy to his wife Olga and daughters Emily, Stephanie and Maria. • Closed Session Report To be heard after Ceremonial Items 1. CEREMONIAL ITEMS 1.1 Presentation of a Proclamation recognizing October 12, 2020 as Indigenous Peoples' Day. (Mayor) 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. City of San José Page 6 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 20-1199 Final Adoption of Ordinances. Recommendation: (a) Ordinance No. 30481 - An Ordinance of the City of San José Amending Various Sections of Title 16 of The San José Municipal Code Relating to Gaming Control to Allow Jackpots, Promotions and Tournaments in Compliance with State Gambling Law and Regulation; Ownership of More Than One Cardroom in San José; and an Owner of a Cardroom to Play Poker and in Poker Tournaments Held at His or Her Cardroom. [Passed for Publication on 9/22/2020 - Item 2.7 (20-1078)] (b) Ordinance No. 30483 - An Ordinance of the City of San José Amending Chapter 4.76 of Title 4 of the San José Municipal Code to Add a New Section 4.76.345.6 to Temporarily Expand, Retroactive to October 1, 2020, Eligibility for the Existing Financial Hardship Exemptions for Low Revenue Generating Small Businesses and Small Business Owners with Limited Household Incomes to Include All Persons Engaged in Business in the City Who Satisfy Certain Financial Hardship Requirements. [Passed for Publication on 9/29/2020 - Item 3.3 (20-1123)] Attachments Letters from the Public 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. City of San José Page 7 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 2.7 20-1176 Adoption of an Ordinance Ratifying Final Expenditures in Various Appropriations for 2019-2020 and Adoption of the Associated Appropriation Ordinance and Funding Sources Resolution Amendments in 2019-2020. City of San José Page 8 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 Recommendation: (a) Adopt an ordinance ratifying final 2019-2020 expenditures in various appropriations as detailed in the report to Council. (b) Adopt the following 2019-2020 Appropriation Ordinance and Funding Sources Resolution amendments in the Construction Tax and Property Conveyance Tax Fund: Parks Purposes Central Fund: (1) Increase the Construction and Conveyance Tax estimate by $5,478,216; (2) Increase the Needs-Based Allocation Transfer to District 1 by $245,271; (3) Increase the Needs-Based Allocation Transfer to District 2 by $161,401; (4) Increase the Needs-Based Allocation Transfer to District 3 by $113,621; (5) Increase the Needs-Based Allocation Transfer to District 4 by $125,469; (6) Increase the Needs-Based Allocation Transfer to District 5 by $218,838; (7) Increase the Needs-Based Allocation Transfer to District 6 by $203,610; (8) Increase the Needs-Based Allocation Transfer to District 7 by $239,184; (9) Increase the Needs-Based Allocation Transfer to District 8 by $180,009; (10) Increase the Needs-Based Allocation Transfer to District 9 by $183,937 (11) Increase the Needs-Based Allocation Transfer to District 10 by $110,851; (12) Increase the Transfer to the Parks City-Wide Construction and Conveyance Tax Fund appropriation by $3,224,093; and (13) Increase the Transfer to the General Fund - Parks Eligible Maintenance Costs appropriation by $471,932. (c) Adopt the following 2019-2020 Appropriation Ordinance amendments in the South Bay Water Recycling Operating Fund: (1) Increase the SCVWD - Advanced Water Treatment appropriation by $2,420,618; (2) Decrease the Personal Services appropriation to the Environmental Services Department by $700,000; and (3) Decrease the Unrestricted Ending Fund Balance by $1,720,618. (d) Adopt the following 2019-2020 Appropriation Ordinance amendments in the General Fund: (1) Increase the Workers’ Compensation Claims - Fire appropriation by City of San José Page 9 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 $722,661; (2) Increase the Workers’ Compensation Claims - Police appropriation by $451,320; (3) Decrease the Workers’ Compensation Claims - Other Departments appropriation by $518,676; (4) Decrease the Workers’ Compensation Claims - PRNS appropriation by $179,172; (5) Decrease the Workers’ Compensation Claims - Transportation appropriation by $102,583; (6) Decrease the Workers’ Compensation Claims - Public Works appropriation by $71,282; (7) Increase the Personal Services appropriation to the Planning, Building and Code Enforcement Department by $368,629; and (8) Decrease the Personal Services appropriation to the Parks, Recreation and Neighborhood Services Department by $670,897. (e) Adopt the following 2019-2020 Appropriation Ordinance and Funding Sources Resolution amendments in the Emergency Reserve Fund: (1) Decrease the estimate for Revenue from Federal Government by $5,000,000; (2) Increase the COVID-19 Emergency Response appropriation by $749,895; (3) Decrease the Transfer to the General Fund appropriation by $5,404,704; and (4) Decrease the Ending Fund Balance by $345,191. (f) Adopt the following 2019-2020 Appropriation Ordinance and Funding Sources Resolution amendments in the Construction Tax and Property Conveyance Tax Fund: Parks Maintenance Yards Purposes: (1) Increase the Construction and Conveyance Tax estimate by $8,649; and (2) Increase the Transfer to the General Fund - Park Yards Operating and Maintenance Expenses appropriation by $8,649. (g) Adopt the following 2019-2020 Appropriation Ordinance amendments in the Convention Center Facility District Revenue Fund: (1) Increase the Debt Service: Special Tax Bonds appropriation by $538; and (2) Decrease the Unrestricted Ending Fund Balance by $538. 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) City of San José Page 10 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 Attachments Memorandum 2.8 20-1177 Permanent Water Easement Agreement Between the City of San José and San José Water Company. Recommendation: Adopt a resolution authorizing the City Manager, or his designee, to negotiate and execute all documents necessary for a permanent water easement agreement with the San José Water Company to install water facilities on a portion of APN 230-46-085 in support of the Coleman Highline Project construction. CEQA: Determination of Consistency with the FMC/Coleman Avenue EIR (SCH# 1999122059), the Airport West Stadium and Great Oaks Place Project EIR (SCH# 2009052053), the General Plan 2040 FEIR (SCH# 2009072096), the General Plan 2040 FSEIR (SCH# 2009072096), and addenda thereto. Council District 3. (Economic Development) Attachments Memorandum 2.9 20-1175 Approval of the Bullying Prevention Month 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 October 2020 as Bullying Prevention Month to be recognized by the 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. (Arenas) Attachments Memorandum City of San José Page 11 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 2.10 20-1200 Boards and Commissions Appointments. Recommendation: (a) Approve the Downtown Parking Board Appointments: (1) At-Large Representative: Reappoint Tamiko Rast to a term ending June 30, 2023; (2) At-Large Representative: JD “David” Heindel to a term ending June 30, 2024; (3) Downtown Parking Representative: Sarah Mancuso to a term ending June 30, 2023. (b) Parks and Recreation Commission: (1) District 6 Representative: Art Maurice to a term ending June 30, 2023. CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 9/30/2020 - Item A.1.a] Attachments Memorandum Conflicts of Interest - Downtown Parking Board Conflicts of Interest - Parks and Recreation Commission Applications - Downtown Parking Board Application - Parks and Recreation Commission 2.11 20-1204 Approval of National Night Out 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 National Night Out scheduled on October 6, 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. (City Clerk) [Rules Committee referral 9/30/2020 - Item A.1.a] Attachments Memorandum Letters from the Public City of San José Page 12 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 2.12 20-1211 Approval of Arteriovenous Malformation Awareness Month Sponsored by Council District 2 as a City Council Sponsored Special Event to Expend City Funds and Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government Committee on September 30, 2020: (a) Approve October 2020 as Arteriovenous Malformation Awareness Month Sponsored by Council District 2 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. (Jimenez) [Rules Committee referral 9/30/2020 - Item G.1.a] Attachments Memorandum 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, David Sykes (Verbal Report) 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. City of San José Page 13 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 3.3 20-1179 Report on Request for Proposal for Citywide Janitorial Services. Recommendation: Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager to: (a) Negotiate and execute agreements with Flagship Facility Services, Inc. (San José, CA), PRIDE Industries One Inc. (Roseville, CA), Impec Group Inc. (Santa Clara, CA), and Universal Building Services and Supply Co. (Richmond, CA) for Janitorial Services for an initial one-year term beginning on or about October 7, 2020 through October 6, 2021 with a total maximum compensation for all agreements not to exceed $13,077,388 for the initial term; (b) Negotiate and execute amendments and change orders as required to add, delete, or modify services to address seasonal variations, budgetary constraints, or unanticipated changes in demand, subject to the appropriation of funds; and (c) Exercise up to 9 one-year options to extend the terms of the agreements through October 6, 2030, subject to the appropriation of funds. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) Attachments Memorandum Presentation City of San José Page 14 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 3.4 20-1182 Vacation of a Portion of Marburg Way with Reservation of a Public Sanitary Sewer Easement Within the Area Being Vacated and Sale of the Vacated Property to the Santa Clara Valley Transportation Authority. Recommendation: Conduct a Public Hearing and adopt a resolution to authorize the following: (a) Approve the report of the Director of Public Works setting forth the facts justifying the vacation of a portion of Marburg Way with the reservation of a public sanitary sewer easement within the vacated area (“Subject Portion”); (b) Vacate the Subject Portion which is unnecessary for current or prospective public use as a street; (c) Direct the City Clerk to record a certified copy of the resolution of vacation for the Subject Portion with the Office of the Recorder, County of Santa Clara; (d) Declare the Subject Portion of the City-owned Marburg Way as “exempt surplus land” to the needs of the City under Cal. Gov. Code §54221(f)(1)(D) as the land is not necessary for the City of San José’s use and is being transferred to another local agency for a necessary use; and (e) Direct the City Manager to negotiate and execute a Purchase and Sale Agreement and Quitclaim Deed, and all other necessary documents to effectuate the transfer to the Santa Clara Valley Transportation Authority from the City of San José, for the sale of the Subject Portion of the surplus City-owned Marburg Way for $1 by direct negotiation under San José Municipal Code Section 4.20.080 as the transferee is a governmental agency. CEQA: Determination of Consistency with the BART Extension to Milpitas, San José, and Santa Clara Final EIR, BART Extension to Milpitas, San José, and Santa Clara Final Supplemental EIR, and BART Silicon Valley Phase 1 -Berryessa Extension Final 2nd Supplemental EIR, and Addenda thereto, Resolution No. 76126. Council District 3. (Economic Development/Public Works) [Deferred From 9/29/2020 - Item 3.4 (20-1127)] Attachments Memorandum Resolution 4. PUBLIC SAFETY SERVICES City of San José Page 15 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 4.1 20-1218 Urgency and Regular Ordinance to Control Feral Pig Population. Recommendation: As recommended by the Rules and Open Government Committee on September 30, 2020: Consider and adopt a temporary urgency ordinance, and consider and approve a regular ordinance, to amend Section 10.32.140 of Chapter 10.32 of Title 10 of the San José Municipal Code to exclude any person authorized by the California Department of Fish and Wildlife pursuant to a depredation permit from the prohibition of the shooting of bows and crossbows in the City of San José. CEQA: Use of the Final EIR for the Santa Clara Valley Habitat Conservation Plan, File No. PP13-103. (Jimenez and Khamis) [Rules Committee referral 9/30/2020 - Item G.2] Please note: Approval of this urgency ordinance requires 8 or more affirmative votes (2/3). Attachments Memorandum Supplemental Memorandum, 10/2/2020 Supplemental Memorandum, 10/5/2020 Ordinance Urgency Ordinance Letters from the Public 5. TRANSPORTATION & AVIATION SERVICES City of San José Page 16 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 5.1 20-1180 Better Bike Plan 2025. Recommendation: As recommended by the Transportation and Environment Committee on August 31, 2020, accept the Better Bike Plan 2025. CEQA: Determination of Consistency to the Envision General Plan 2040 Final Programmatic Environmental Impact Report [SCH# 2009072096] and the Envision San José 2040 General Plan Final Supplemental Environmental Impact Report [SCH # 2009072096], and addenda thereto, File No. ER20-156. (Transportation) [Transportation and Environment Committee referral 8/31/2020 - Item (d)1] [Deferred from 9/29/2020 - Item 5.1 (20-1159)] Attachments Memorandum Memorandum from Mayor, Peralez, Carrasco, Davis & Esparza, 10/2/2020 Attachment A Attachment B Presentation T&E Presentation, 8/31/2020 Letters from the Public 6. ENVIRONMENTAL & UTILITY SERVICES 7. NEIGHBORHOOD SERVICES 8. COMMUNITY & ECONOMIC DEVELOPMENT 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. 10.1 Land Use on Consent Calendar City of San José Page 17 Printed on 10/6/2020 City Council Amended Agenda October 6, 2020 (a) 20-1203 C20-013 and SP20-027 - Conforming Rezoning and Special Use Permit on Certain Real Property Located at 796 Delmas Avenue. Recommendation: (a) Approve an ordinance rezoning that certain real property located on the northeast corner of Delmas Avenue and West Virginia Street from the R-2 Two-Family Residence Zoning District to the CP Commercial Pedestrian Zoning District on an approximately 0.18-gross acre site. (b) Adopt a resolution approving, subject to conditions, a Special Use Permit to allow an existing commercial building to be occupied with a church/religious assembly use located on the northeast corner of Delmas Avenue and West Virginia Street (796 Delmas Avenue). CEQA: Categorically Exempt pursuant to CEQA Guidelines Section 15301(a) for Existing Facilities. Council District 3. (Planning, Building and Code Enforcement) [Deferred from 9/29/2020 - Item 10.1(a) (20-1130)] Attachments Memorandum Ordinance Resolution Letters from the Public END OF CONSENT CALENDAR 10 Land Use - Regular Agenda • Open Forum 20-1247 Open Forum Attachments Letters from the Public 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 The adjournment is in memory of Harry Mavrogenes and in acknowledgement of his three decades of distinguished public service. Harry began his career in the City’s Planning Department (1971-1980) and served as the San Jose Redevelopment Agency’s Principal Planner (1980-1985), Director of Program Development (1985-1986), Downtown Plan Coordinator (1987-1990), Deputy Executive Director (1998-2003), and Executive Director (2003-2011). We offer our deepest sympathy to his wife Olga and daughters Emily, Stephanie and Maria. City of San José Page 18 Printed on 10/6/2020 City Council Amended Agenda October 6, 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 10/6/2020 City Council Amended Agenda October 6, 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 10/6/2020