City Council
Regular MeetingSan Jose, CA · June 8, 2021
Agenda
City Council Meeting
Amended Agenda
Tuesday, June 8, 2021
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
DAVID COHEN, DISTRICT 4
MAGDALENA CARRASCO, DISTRICT 5
DEV DAVIS, DISTRICT 6
MAYA ESPARZA, DISTRICT 7
SYLVIA ARENAS, DISTRICT 8
PAM FOLEY, DISTRICT 9
MATT MAHAN, 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. Please go to the Clerk’s
Records Database https://records.sanjoseca.gov/Pages/Search.aspx for the final document, or you
many also contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanjoseca.gov.
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 June 8, 2021
* 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 when called.
Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll
Free)
2) Online at: https://sanjoseca.zoom.us/j/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 6/8/2021
City Council Amended Agenda June 8, 2021
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.
• Call to Order and Roll Call
9:30 a.m. - Closed Session
21-1276 Closed Session Agenda
Attachments Closed Session Agenda
1:30 p.m. - Regular Session
6:00 p.m. - Evening Session – Cancelled
*The previously scheduled Evening Session has been cancelled.
• Pledge of Allegiance
• Invocation (District 6)
Gabrielle Antolovich - Billy DeFrank LGBTQ Community Center
• 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.
• Adjournment
This meeting is adjourned in memory of Charles Davidson, who passed away at the age of 90 on March
25, 2021. It is an honor to recognize Charles for his many contributions to our community.
• Closed Session Report
1. CEREMONIAL ITEMS
2. CONSENT CALENDAR
City of San José Page 5 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
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.
21-1403 Approval of City Council Minutes.
Recommendation: (a) City Council Regular Meeting Minutes of December 15, 2020.
(b) City Council Regular Meeting Minutes of January 5, 2021.
(c) City Council Special Meeting - Joint Meeting of the San Jose City
Council and Santa Clara Valley Water District Board Minutes of March
19, 2021.
(d) City Council Study Session - Diridon Station Area Planning/Google
Downtown West Mixed-Use Development Minutes of November 16,
2020.
(e) City Council Study Session - Google Downtown West Mixed-Use
Development District Utilities Minutes of March 25, 2021.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
and Annual Reports, and Informational Memos that involve no
approvals of any City action.
Attachments (a) 12/15/2020 CC Draft Minutes
(b) 1/5/2021 CC Draft Minutes
(c) 3/19/2021 CC SM Draft Minutes
(d) 11/16/2020 CC SS Draft Minutes
(e) 3/25/2021 CC SS Draft Minutes
2.2 Final Adoption of Ordinances.
City of San José Page 6 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
21-1268 Final Adoption of Ordinances.
City of San José Page 7 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
Recommendation: (a) Ordinance No. 30571 - An Ordinance of the City of San José
Adding Chapter 11.93 to Title 11 of the San José Municipal Code to
Allow Permit Parking for One Way Car Sharing Programs.
[Passed for Publication on 5/18/2021- Item 2.12(a) (21-1085)]
(b) Ordinance No. 30573 - An Uncodified Ordinance of the City of San
José Renewing the Grant of a Potable Water Franchise to Great Oaks
Water Company.
[Passed for Publication on 5/18/2021- Item 3.8(b) (21-1091)]
(c) Ordinance No. 30607 - An Ordinance of the City of San José
Rezoning Certain Real Property of Approximately 3.49-Acres Situated
on the East Side of Senter Road Approximately 415 Feet Southerly of
East Capital Expressway (3195 Senter Road) from the (A) Agriculture
Zoning District to the PQP Public/Quasi-Public Zoning District.
[Passed for Publication on 5/25/2021- Item 10.1(a) (21-1184)]
(d) Ordinance No. 30608 - A Codified Ordinance of the City of San
José Amending Title 20 (Zoning Ordinance or Zoning Code) of the San
José Municipal Code to Add Section 20.70.700 to Title 20 of the San
José Municipal Code to Clarify that Project Specific Ordinances for the
Downtown West Mixed-Use Plan Shall Govern Development within the
Downtown West Planned Development Zoning District and Supersede
Any Conflicting Provisions in Title 20.
[Passed for Publication on 5/25/2021- Item 10.2(e) (21-1186)]
(e) Ordinance No. 30609 - An Ordinance of the City of San José
Rezoning Approximately 80 Acres of Real Property Situated in
Downtown San José from the Light Industrial, Heavy Industrial,
Industrial Park, Commercial Neighborhood, Commercial General,
Downtown Primary Commercial, Public, Combined
Industrial/Commercial, and A(PD) Planned Development Zoning
Districts to the DC (PD) Planned Development Zoning District, and
Adopting a Codified Amendment to Title 11, Sections 11.24.070 and
11.24.250, and Adopting Various Uncodified Amendments to the
Municipal Code Associated with the Planned Development Zoning
District.
[Passed for Publication on 5/25/2021- Item 10.2(f) (21-1186)]
(f) Ordinance No. 30610 - An Ordinance of the Council of the City of
San José Approving a Development Agreement between the City of San
José and Google LLC Relative to the Development of Property Located
in the Diridon Station Area Plan for the Downtown West Mixed-Use
Plan and Authorizing the City Clerk to Execute the Development
Agreement and Cause the Same to be Recorded with the Santa Clara
County Recorder's Office and Authorizing the City Manager or
City of San José Page 8 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
Designee to Execute the Related Transfer Agreements and to Negotiate
and Execute the Reimbursement Agreement and Amendments thereto.
[Passed for Publication on 5/25/2021- Item 10.2(i) (21-1186)]
(g) Ordinance No. 30611 - An Ordinance of the City of San José
Rezoning Certain Real Property within Approximately 262 Gross Acres
Located within the Boundaries of the Diridon Station Area Plan
Generally Bounded by Lenzen Avenue and the Uniion Pacific Railroad
Tracks to the North; the Guadalupe River and State Route 87 to the
East; Interstate 280 to the South; and Sunol Street and the Diridon
Station Commuter Rail to the West from Zoning Districts that Include
Combined Industrial/Commercial, Commercial General, Commercial
Neighborhood, Commercial Pedestrian, Heavy Industrial, Industrial
Park, Light Industrial, Two-Family Residential, and Transit
Employment Center to Zoning Districts that Include Downtown
Primary Commercial, Open Space, and R-M Residence Zoning Districts
(Multiple Unit/Lot).
[Passed for Publication on 5/25/2021- Item 10.3(d) (21-1185)]
Attachments (e)(f) Supplemental Memorandum, 6/4/2021
(a) Ordinance
(d) Ordinance
(e) Ordinance
(f) Ordinance
2.3 Approval of Council Committee Minutes.
21-1404 Approval of Council Committee Minutes.
Recommendation: (a) Regular Joint Meeting for the Rules and Open Government
Committee and Committee of the Whole Meeting Minutes of May 5,
2021.
(b) Regular Smart Cities and Service Improvements Committee Meeting
Minutes of May 6, 2021.
(c) Regular Community and Economic Development Committee
Meeting Minutes of May 24, 2021.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments,
Annual Reports, and Informational Memos that involve no approvals of
any City action.
Attachments (a) 5/5/2021 ROGC Minutes
(b) 5/6/2021 Smart Cities Minutes
(c) 5/24/2021 CED Minutes
City of San José Page 9 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
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 21-1283 Approval of the Philippine Independence Day Community Event, City Hall
Tower and Rotunda Lighting, and Flag Raising 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: As recommended by the Rules and Open Government Committee on
May 5, 2021:
(a) Approve the recognition of Philippine Independence Day and Flag
Raising on Saturday, June 12, 2021, and City Hall Tower and Rotunda
Lighting from June 12 - 19, 2021 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. (Arenas)
[Rules Committee referral 5/5/2021 - Item G.1.a]
Attachments Memorandum
2.8 21-1290 Approval of a Flag Raising and Lighting for Pride Month Sponsored by
Council District 6 and Council District 9 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
May 19, 2021:
(a) Approve a flag raising and lighting for Pride Month to be recognized
by the City Council on June 8, 2021 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. (Davis and Foley)
[Rules Committee referral 5/19/2021 - Item G.1.b]
Attachments Memorandum
City of San José Page 10 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.9 21-1337 Boards and Commissions Appointment.
Recommendation: Approve the following Boards and Commissions appointment:
(a) Council Appointment Advisory Commission:
(1) District 4 Seat: Appoint Michael Booker for a term ending
December 31, 2022.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. (City Clerk)
Attachments Memorandum
Application
Conflicts of Interest
2.10 21-1292 Amendment to the Lease Agreement with the County of Santa Clara for use of
the Environmental Innovation Center as a Household Hazardous Waste
Collection Facility.
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and
execute a Fourth Amendment to the Lease Agreement with the County
of Santa Clara for the Household Hazardous Waste Collection
Program’s use of the City’s Environmental Innovation Center property.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
Council District 3. (Economic Development)
Attachments Memorandum
City of San José Page 11 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.11 21-1330 Actions Related to the Purchase and Sale Agreement for Acquisition of
Property Located at 199 Race Street.
Recommendation: (a) Adopt a resolution authorizing the City Manager to negotiate and
execute:
(1) A Purchase and Sale Agreement with Nathan Gordon and the
Gordon Foundation Trust for the purchase by the City of approximately
0.29 acres (12,503 square feet) of land commonly known as 199 Race
Street and located at the northwest corner of Race Street and Park
Avenue, identified as Assessor’s Parcel Number 261-27-093, for a price
of $1,450,000; and
(2) Execute all other documents necessary to effectuate the transfer to
the City.
(b) Adopt the following 2020-2021 Appropriation Ordinance
amendments in the Subdivision Park Trust Fund:
(1) Decrease Future PDO / PIO Projects Reserve by $1,450,000; and
(2) Establish the Council District 6 Property Acquisition appropriation
to the Parks, Recreation and Neighborhood Services Department in the
amount of $1,450,000.
CEQA: Not a Project, File No. PP17-008, General Procedure and
Policy Making resulting in no changes to the physical environment.
Council District 6. (Economic Development/Parks, Recreation and
Neighborhood Services/City Manager)
Attachments Memorandum
2.12 21-1293 Actions Related to Purchase Orders for Monitoring, Inspection, Maintenance
and Repair Services for Fire and Burglar Alarm Systems.
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and
execute purchase orders with Security Alert Systems of California, Inc.
(Gilroy, CA) for monitoring, inspection, maintenance and repair services
for fire and burglar alarm systems, to extend services for up to two
additional one-year option terms for a total of three options through
August 13, 2023 under the same material terms and conditions for a
not-to-exceed amount of $900,000 through August 13, 2022, subject to
the appropriation of funds.
CEQA: Not a Project, File No. PP17-008, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Finance)
Attachments Memorandum
City of San José Page 12 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.13 21-1294 Amendment to the Agreement with CherryRoad Technologies, Inc. for Human
Resources, Payroll, Budget, and Timekeeping Systems.
Recommendation: Adopt a resolution authorizing the City Manager to execute the First
Amendment to the Agreement with CherryRoad Technologies, Inc.
(Morris Plains, NJ) for Human Resources, Payroll, Budget, and
Timekeeping Systems to extend managed services, managed router, and
hosting services, increase compensation by $330,000 for a maximum
compensation not to exceed $9,004,741 for the initial term ending
December 31, 2021, and add up to 1 three-year and 2 one-year options
to extend the term through December 31, 2026 under the same material
terms and conditions, 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
Agreement
2.14 21-1295 Actions Related to the Purchase Orders for Maintenance, Repair and
Operation Services for Citywide Facilities.
Recommendation: Adopt a resolution authorizing the City Manager to:
(a) Execute purchase orders with Castillo Plumbing, Inc. (Burlingame,
CA), ECS Design, Inc. (San José, CA), Dynasel USA, Inc. (Santa
Clara, CA), and Tucker Construction, Inc. (San José, CA) for
maintenance, repair, and operation services for citywide facilities for the
Department of Public Works for an initial twelve-month period, starting
on or about June 15, 2021 and ending on or about June 14, 2022 for a
total cumulative compensation not-to-exceed amount of $2,200,000;
and
(b) Exercise up to four additional one-year options to extend the initial
term of the purchase orders with the last option year ending on or about
June 14, 2026, subject to the annual appropriation of funds.
CEQA: Categorically Exempt, File No. ER21-094, CEQA Guidelines
15301, Existing Facilities. (Finance)
Attachments Memorandum
City of San José Page 13 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.15 21-1296 Amendment to the Agreement with Granicus, Inc. for Webstreaming Software
and Hosting Services.
Recommendation: Adopt a resolution authorizing the City Manager to execute the Third
Amendment to the Agreement with Granicus, Inc. (Denver, CO) for
Webstreaming Software and Hosting Services to extend the term
through August 8, 2025 by adding up to 2 two-year option terms with
the same material terms and conditions as the original agreement for a
maximum compensation of $147,805 for the option term ending August
8, 2023, 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
Memorandun from Mahan, 6/8/2021
Agreement
2.16 21-1310 Third Quarter Financial Reports for Fiscal Year 2020-2021.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support
Committee on May 20, 2021, accept the Third Quarter (period ended
March 31, 2021) Financial Reports for Fiscal Year 2020-2021 for the
following programs:
(a) Dept Management.
(b) Investment Management.
(c) Revenue Management.
CEQA: Not a Project, File No. PP17-008, General Procedure and
Policy Making resulting in no changes to the physical environment.
(Finance)
[Public Safety, Finance and Strategic Support Committee referral
5/20/2021 - Item (c) 1]
Attachments Memorandum
Attachment A
Investment Report
City of San José Page 14 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.17 21-1311 Willow Glen Community Benefit and Improvement District Annual Report for
Fiscal Year 2021-2022.
Recommendation: Adopt a resolution:
(a) Approving the Willow Glen Community Benefit and Improvement
District Annual Report for Fiscal Year 2021-2022 as filed or modified
by Council;
(b) Confirming the individual assessments as proposed or modified by
Council; and
(c) Directing the Director of Public Works to deliver the assessment role
to the County for collection with the property taxes.
CEQA: Categorically Exempt, File No. PP18-060, CEQA Guidelines
Section 15301, Existing Facilities. Council District 6. (Public Works)
Attachments Memorandum
Resolution
2.18 21-1312 Maintenance District Annual Budget Reports for Fiscal Year 2021-2022.
Recommendation: Adopt resolutions approving and confirming the Annual Budget Reports
for Fiscal Year 2021-2022 for City of San José Maintenance Districts 1,
2, 5, 8, 9, 11, 13, 15, 18, 19, 20, 21 and 22 and levying the
assessments therein.
CEQA: Categorically Exempt, File No. PP18-060, CEQA Guidelines
Section 15301, Existing Facilities. Council Districts 2, 3, 4, and 8.
(Public Works)
Attachments Memorandum
Resolution - District 1
Resolution - District 2
Resolution - District 5
Resolution - District 8
Resolution - District 9
Resolution - District 11
Resolution - District 13
Resolution - District 15
Resolution - District 18
Resolution - District 19
Resolution - District 20
Resolution - District 21
Resolution - District 22
City of San José Page 15 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.19 21-1315 Actions Related to the 7699 - Citywide Outfall Rehabilitation (Six Outfalls)
Project.
Recommendation: Adopt a resolution authorizing the Director of Public Works to:
(a) Award and execute the 7699 - Citywide Outfall Rehabilitation (Six
Outfalls) Project construction contract to the lowest responsive and
responsible bidder, in a total amount not to exceed $1,600,000 and
approve a construction contingency of 15 percent of the amount of the
construction contract, not to exceed $240,000;
(b) Decide any timely bid protest(s), make the City’s final determination
as to the lowest responsive bidder that is responsible, or reject all bids
and rebid the project; and
(c) Negotiate and execute any single and/or multiple change orders for
the Project in excess of $100,000 up to the amount of the contingency
of $240,000.
CEQA: Categorically Exempt, File No. ER20-266, CEQA Guidelines
Section 15301, Existing Facilities and Section 15302, Replacement
Reconstruction. (Public Works)
Attachments Memorandum
Resolution
2.20 21-1316 Actions Related to the Rule 20A and Rule 20B (In-Lieu Fee) Underground
Utility Program Including Approval of the Program Workplan and the Rule
20B (In Lieu Fee) Undergrounding Master Plan.
Recommendation: (a) Approve the proposed Fiscal Year 2020/21- 2025/26 Workplan for
the Rule 20A and Rule 20B (In-Lieu Fee) Underground Utility
Program.
(b) Approve the Fiscal Year 2019-2020 Rule 20B (In-Lieu Fee)
Undergrounding Master Plan.
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)
Attachments Memorandum
City of San José Page 16 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.21 21-1317 Residential Construction Tax Contribution Rate Amendments.
Recommendation: Adopt a resolution amending the contribution rates for eligible
improvements under the residential construction tax contribution fund
pursuant to San José Municipal Code Section 4.64.100.
CEQA: Not a Project, File No. PP17-005, Adjustment to Fees, Rates
and Fares without changes to or expansion of services. (Public Works)
Attachments Memorandum
Resolution
City of San José Page 17 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.22 21-1314 Cooperative Agreements for BART Silicon Valley Phase II Extension Project.
Recommendation: (a) Adopt a resolution making certain findings from the Final
Supplemental Environmental Impact Statement/Subsequent
Environmental Impact Report prepared by Valley Transportation
Authority (“VTA”) as the Responsible Agency for purposes of and
pursuant to the California Environmental Quality Act of 1970 in
connection with the approval of discretionary actions by the City
necessary for the construction of VTA’s BART Silicon Valley Phase II
Extension Project and adopting the related Mitigation Monitoring
Reporting Program.
(b) Approve Cooperative Agreement #1 with the Santa Clara Valley
Transportation Authority addressing design, construction and
reimbursement obligations arising from VTA’s BART Silicon Valley
Phase II Extension Project.
(c) Adopt a resolution authorizing the City Manager or their designee to
negotiate and execute future Cooperative Agreements, at no cost to the
City, pursuant to the Master Agreement with the VTA for the BART
Silicon Valley Phase II Extension Project (Attachment A to the staff
memorandum) that address future design reviews, construction
inspection and testing requirements and similar project-related issues.
CEQA: Santa Clara Valley Transportation Authority’s Final
Supplemental Environmental Impact Statement/Subsequent
Environmental Impact Report for the BART Silicon Valley Phase II
Extension, File No. ER21-065. Council District 3, 4 and 6. (Public
Works/Transportation)
Attachments Memorandum
Memorandum from Peralez, 6/4/2021
Resolution
Agreement
Agreement - Exhibit E
Presentation - 5 minutes
Letters from the Public
City of San José Page 18 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.23 21-1349 Retroactive Approval of Multiple Special Events Sponsored by Council
District 9 as City Council Sponsored Special Events to Expend City Funds and
Accept Donations of Materials and Services for the Events.
Recommendation: As recommended by the Rules and Open Government Committee on
May 26, 2021:
(a) Retroactively approve the Dumpster Day held at Glacier Drive
scheduled on September 19, 2020 as a City Council sponsored Special
Event and approve the expenditure of funds.
(b) Retroactively approve the Dumpster Day held at Donna Lane
scheduled on October 10, 2020 as a City Council sponsored Special
Event and approve the expenditure of funds.
(c) Retroactively approve the Dumpster Day held at Emiline Drive
scheduled on November 21, 2020 as a City Council sponsored Special
Event and approve the expenditure of funds.
(d) Retroactively approve the Dumpster Day held at Kenton Lane
scheduled on May 8, 2021 as a City Council sponsored Special Event
and approve the expenditure of funds.
(e) Approve and accept donations from various individuals, businesses
or community groups to support the events.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events
resulting in no changes to the physical environment. (Foley)
[Rules Committee referral 5/26/2021 - Item G.1.a]
Attachments Memorandum
City of San José Page 19 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
2.24 21-1362 Retroactive Approval of City Hall Lighting Display for Eritrean Independence
Day 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: As recommended by the Rules and Open Government Committee on
June 2, 2021:
(a) Retroactively approve the City Hall Lighting Display for the 30th
Anniversary of Eritrea Independence Day, scheduled on May 24, 2021
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. (Jones)
[Rules Committee referral 6/2/2021 - Item G.1.a]
Attachments Memorandum
2.25 21-1425 Retroactive Approval of Vigil for the Victims of the Mass Shooting Event at
VTA Maintenance Yard as a Citywide Sponsored Special Event to Expend City
Funds and Accept Donations of Materials and Services for the Event.
Recommendation: Retroactively approve vigil for the victims of the mass shooting event at
the VTA maintenance yard held on May 27, 2021 as a Citywide 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. (City Clerk)
[Rules Committee referral 6/2/2021- Item A.1.a]
Attachments Memorandum
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, David Sykes (Verbal Report)
21-1313 (a) City Manager’s COVID-19 Update (Verbal Report)
(b) City Manager’s Report on Other City Matters (Verbal Report)
Attachments Presentation - 20-30 minutes
3.2 Labor Negotiations Update.
Accept Labor Negotiations Update.
TO BE HEARD AT 9:30 A.M.
City of San José Page 20 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
3.3 21-1291 Approval of Digital Inclusion Grant Awards.
Recommendation: Adopt a resolution:
(a) Approving the award of Digital Inclusion Grants to the following
organizations in the amounts specified:
(1) Alum Rock School District $10,000
(2) Cristo Rey San José High School $43,300
(3) Goodwill of Silicon Valley $45,000
(4) International Children Assistance Network, Inc. (ICAN) $35,000
(5) International Rescue Committee, Inc. (IRC) $14,000
(6) Latinos United for New America (LUNA) $24,500
(7) NPower, Inc. $3,500
(8) Sacred Heart Community Service $70,000
(9) The San José Library Foundation $82,500
(10) San Jose Community Media Access Corp. (CreaTV) $9,700
(11) City of San José Parks, Recreation, and Neighborhood Services
(PRNS) $45,000
(12) Tech Exchange (The Oakland Public Education Fund) $52,500
(13) The Vietnamese Voluntary Foundation, Inc. (VIVO) $40,000
(b) Authorizing a $500,000 payment from the Digital Inclusion Fund to
CETF to distribute the grant awards to the grantees pursuant to the
agreement with CETF.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts
resulting in no physical changes to the environment. (Library/City
Manager)
[Deferred from 5/18/2021 - Item 3.7 (21-1090)]
Attachments Memorandum
Memorandum from Liccardo, 6/4/2021
Resolution
Presentation - 5-7 minutes
4. PUBLIC SAFETY SERVICES
City of San José Page 21 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
4.1 21-1323 Police Reforms Work Plan: Reimagining Community Safety Status Report. -
DEFERRAL
Recommendation: (a) As recommended by the Public Safety, Finance and Strategic
Support Committee on May 20, 2021, accept a status report on the
Police Reforms Work Plan: Reimagining Community Safety work.
(b) Discussion and direction to the Administration on:
(1) Expanding the scope of the Reimagining Community Safety
process;
(2) The organizational framework and leadership model for the
process; and
(3) The City’s commitment of resources in support of the process.
CEQA: Not a Project, File No. PP17-008, General Procedure and
Policy Making resulting in no changes to the physical environment.
(City Manager)
[Public Safety, Finance and Strategic Support Committee referral
5/20/2021 - Item (d)1]
DEFERRED TO 6/15/2021 PER ADMINISTRATION
Attachments Memorandum
Attachment A
Attachment B
Attachment C
Attachment D
Presentation, 5/20/2021
5. TRANSPORTATION & AVIATION SERVICES
5.1 21-1324 2021 Local Streets Remove & Replace Project (Re-Bid).
Recommendation: (a) Reject all bids received on March 4, 2021 for the 2021 Local Streets
Remove and Replace Project.
(b) Approve award of a construction contract for the 2021 Local Streets
Remove & Replace Project (Re-bid), to the lowest bidder, Teichert
Construction, in the amount of $2,823,304.
(c) Approve an approximate 10% contingency in the amount of
$282,300.
CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines
Section 15301(c), Existing Facilities. (Transportation)
Attachments Memorandum
City of San José Page 22 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
5.2 21-1325 2021 Local Streets Resurfacing #2 Project.
Recommendation: (a) Approve award of a construction contract for the 2021 Local Streets
Resurfacing #2 Project, to the low bidder, MCK Services, Inc. in the
amount of $6,999,419.10.
(b) Approve an approximate 10% contingency in the amount of
$699,900.
CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines
Section 15301(c), Existing Facilities. Council Districts 2 and 7.
(Transportation)
Attachments Memorandum
6. ENVIRONMENTAL & UTILITY SERVICES
6.1 21-1326 Dewatered Biosolids Management Strategy for the San José-Santa Clara
Regional Wastewater Facility.
Recommendation: Approve the dewatered biosolids management strategy to be
implemented in stages in the next five to ten years, which includes
off-site disposition service contracts, an on-site fertilizer partnership
facility, and land application on local natural and working lands.
CEQA: Not a Project, File No. PP17-007. Preliminary direction to staff
and eventual action requires approval from decision-making body.
(Environmental Services)
Attachments Memorandum
Supplemental Memorandum - TPAC, 5/21/2021
Presentation - 15 minutes
City of San José Page 23 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
6.2 21-1327 Master Consultant Agreement with Black & Veatch Corporation for
Consulting Services at the San José-Santa Clara Regional Wastewater
Facility.
Recommendation: Approve the Master Consultant Agreement with Black & Veatch
Corporation for various Operations and Maintenance training and
support activities at the San José-Santa Clara Regional Wastewater
Facility for a full term through June 30, 2026 for a maximum
not-to-exceed aggregate compensation amount of $3,750,000, subject to
the annual appropriation of funds.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
(Environmental Services)
Attachments Memorandum
Supplemental Memorandum - TPAC, 5/21/2021
Agreement
6.3 21-1328 First Amendment to the Master Consultant Agreement with Kennedy/Jenks
Consultants, Inc., for Engineering Services for the 7760 - Facility Wide Water
Systems Improvements Project at the San José-Santa Clara Regional
Wastewater Facility.
Recommendation: Approve the First Amendment to the Master Consultant Agreement
with Kennedy/Jenks Consultants, Inc., for engineering services for the
Facility Wide Water Systems Improvements project at the San
José-Santa Clara Regional Wastewater Facility, increasing the amount
of compensation by $3,270,000, for a total agreement amount not to
exceed $5,370,000; and extending the term of agreement from June 30,
2023 to December 31, 2025.
CEQA: Not a Project, File No. PP17-001, Feasibility and Planning
Studies with no commitment to future actions. (Environmental Services)
Attachments Memorandum
Supplemental Memorandum - TPAC, 5/21/2021
Agreement
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
City of San José Page 24 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
8.1 21-1338 Amendment to the Second Amended and Restated Arena Management
Agreement (AMA).
Recommendation: Approve the Second Amendment to the Second Amended and Restated
Arena Management Agreement by and between the City of San José
and the San José Arena Management LLC.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
Council District 3. (Economic Development).
Attachments Memorandum - Replacement
Agreement
Exhibit A
Exhibit B
8.2 21-1329 Purchase and Sale Agreement for Acquisition of Property Located at 1138
Olinder Court.
Recommendation: Adopt a resolution authorizing the City Manager to negotiate and
execute a Purchase and Sale Agreement with Roderick F. Miller and
Donna R. Miller for the purchase by the City of approximately 1.1 acres
(47,916 square feet) of land located at the northeast corner of Olinder
Court and Felipe Avenue, identified as Assessor’s Parcel Number
472-10-108, for a price of $3,135,300, deliver a 1033 exchange letter to
seller, and execute all other documents necessary to effectuate the
transfer to the City.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New
or Amended) resulting in no physical changes to the environment.
Council District 7. (Economic Development/Public Works/Fire)
Attachments Memorandum
Resolution
City of San José Page 25 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
8.3 21-1342 Assessment of Fair Housing.
Recommendation: As recommended by the Neighborhood Services and Education
Committee on May 20, 2021, accept the report on the Assessment of
Fair Housing.
CEQA: Not a Project, File No. PP17-010, City Organizational and
Administrative Activities resulting in no changes to the physical
environment. (Housing)
[Neighborhood Services and Education Committee referral 5/20/2021-
Item (d)6]
Attachments Memorandum
Supplemental Memorandum, 6/4/2021
Memorandum from Jones and Carrasco, 6/4/2021
Memorandum from Esparza, 6/7/2021
Memorandum from Arenas, 6/7/2021
Memornadum from Jones, 6/8/2021
Presentation - 15 minutes
9. REDEVELOPMENT – SUCCESSOR AGENCY
CONVENE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN JOSE
City of San José Page 26 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
9.1 21-1331 Successor Agency Board Approval of the July 1, 2021 - June 30, 2022
Administrative Budget and Annual Recognized Obligation Payment
Schedule 2021-22. - TO BE HEARD AFTER ITEM 10.1(b)
Recommendation: Successor Agency Board adopt resolutions approving:
(a) The Administrative Budget for July 1, 2021 through June 30,
2022; and
(b) The Recognized Obligation Payment Schedule 2021-22 (the
“ROPS 21-22”) and authorizing payment of expenditures for items
on ROPS 21-22, which details the obligations of the Successor
Agency for the period of July 1, 2021 through June 30, 2022.
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)
TO BE HEARD AFTER ITEM 10.1(b)
Attachments Memorandum
(a) Resolution
(b) Resolution
ADJOURN SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN JOSE
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 27 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
(a) 21-1332 PP21-005 - City-Initiated Zoning Ordinance Amendment to Title 20 (Zoning
Ordinance or Zoning Code) of the San José Municipal Code. - DEFERRAL
Recommendation: Approve an ordinance of the City of San José amending sections of
Title 20 (Zoning Ordinance or Zoning Code) to amend Chapter 20.80
Specific Use Regulations including Section 20.80.11.50 to add criteria
for issuing a Conditional Use Permit for pawnshops and pawnbrokers
that meet certain distance criteria from sensitive uses, and to make other
technical, non-substantive, or formatting changes within those sections
of Title 20 of the San José Municipal Code.
CEQA: Not a Project, File No. PP17-008, General Procedure and
Policy Making resulting in no changes to the physical environment.
(Planning, Building and Code Enforcement)
DEFERRED TO 6/29/2021 PER ADMINISTRATION
(b) 21-1333 C20-016 & T20-030 - Conforming Rezoning and Tentative Map for Property
Located at 3155 Silver Creek Road. - TO BE HEARD IMMEDIATELY
AFTER CONSENT
Recommendation: (1) Approve an ordinance rezoning an approximately 0.74-gross acre
portion of an approximately 9.90-gross acre parcel, located at the west
side of Silver Creek Road, approximately 200 feet northwest of the
intersection of E. Capitol Expressway and Silver Creek, from the
LI(PD) Planned Development Zoning District to the CN Commercial
Neighborhood Zoning District.
(2) Adopt a resolution approving, subject to conditions, a Tentative
Map to subdivide one parcel into two parcels of approximately 0.74
acre and 9.16 acres, respectively.
CEQA: Class 15 Categorical Exemption for Minor Land Divisions per
CEQA Guidelines Section 15315. Council District 7. (Planning,
Building and Code Enforcement)
TO BE HEARD IMMEDIATELY AFTER CONSENT
Attachments Memorandum
Ordinance
Resolution
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
CONTINUE GENERAL PLAN HEARING (2021 FIRST CYCLE) FROM 5/25/2021
City of San José Page 28 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
10.2 21-1335 GP20-008 & C21-001 - City-Initiated General Plan Amendment and
Conforming Rezoning for the Berryessa BART Urban Village Plan. -
DEFERRAL
TO BE HEARD CONCURRENTLY WITH ITEM 10.3
City of San José Page 29 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
Recommendation: (a) Adopt a resolution adopting the Addendum to the Envision San José
2040 General Plan Final Program Environmental Impact Report
(Resolution No. 76041) and the Supplemental Environmental Impact
Report to the Envision San José 2040 General Plan Final Program
Environmental Impact Report (Resolution 77617) and Addenda thereto
in accordance with CEQA.
(b) Adopt a resolution approving the following:
(1) General Plan Amendment (GP20-008) to the Envision San José
2040 General Plan to amend the “Planned Job Capacity and Housing
Growth Areas by Horizon” table in Appendix 5 and make changes to
the Land Use/Transportation Diagram for properties within the
boundaries of the Urban Village planning area as shown on the
Berryessa BART Urban Village Land Use Diagram; and
(2) Adoption of the Berryessa BART Urban Village Plan as the guiding
policy document for new development and identified public
improvements within the urban village area.
(c) Approve an ordinance rezoning certain real property of
approximately 28.9 gross acres (C21-001) located in the East District
area of the Berryessa BART Urban Village Plan area generally bounded
by Berryessa Road to the north; Penitencia Creek, Salamoni Court and
Berryessa Station Way to the east; Mabury Road to the south; and
Santa Clara Valley Transportation Authority right-of-way to the west
from the A(PD) Planned Development zoning district and IP Industrial
Park zoning district to the PQP Public/Quasi-Public zoning district
(APNs 254-17-008 and 254- 17-110), from the A(PD) Planned
Development zoning district to the CP Commercial Pedestrian zoning
district (APN 254-17-111), from the IP Industrial Park zoning district to
the PQP Public/Quasi-Public zoning district (APN: 254-17- 083), and
from the IP Industrial Park zoning district to the CP Commercial
Pedestrian zoning district (APNs 254-17-112 and 254-17-113).
CEQA: Initial Study/Addendum to the Envision San José 2040 General
Plan Final Program Environmental Impact Report (Resolution No.
76041) and the Envision San José 2040 General Plan Supplemental
Environmental Impact Report (Resolution No.77617), and Addenda
thereto. Planning Commission recommends approval (5-1-1; Garcia
opposed, Caballero absent). Council District 4. (Planning, Building and
Code Enforcement)
DEFERRED TO 6/22/2021 PER ADMINISTRATION
TO BE HEARD CONCURRENTLY WITH ITEM 10.3
City of San José Page 30 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
Attachments Memorandum
Attachment 1
Attachment 2
(a) Resolution
(b) Resolution
Ordinance
City of San José Page 31 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
10.3 21-1336 PDC17-051 - Planned Development Zoning for Real Property Located at 1590
Berryessa Road. - DEFERRAL
TO BE HEARD CONCURRENTLY WITH ITEM 10.2
Recommendation: (a) Adopt a resolution certifying the San José Flea Market Southside
Rezoning Environmental Impact Report and make certain findings
concerning significant impacts, mitigation measures, alternatives, and
adopting a Statement of Overriding Considerations and a related
Mitigation Monitoring and Reporting Program, all in accordance with
the California Environmental Quality Act.
(b) Approve an ordinance rezoning certain real property an
approximately 61.5-gross acre site located at 1590 Berryessa Road
(Assessor Parcel Numbers 254-17-052, 053, 007, 084, 095) from the
A(PD) Planned Development Zoning District to CP(PD) Planned
Development Zoning District to allow up to 3,450 residential units and
up to 3.4 million square feet for commercial uses.
(c) Approve an ordinance repealing Section 14.30.035 of Chapter 14.30
of Title 14 of the San José Municipal Code to apply the
US-101/Oakland/Mabury Traffic Impact Fee to the current project.
(d) Adopt a resolution amending the US-101/Oakland/Mabury
Transportation Development Policy to provide a credit to the current
project’s Traffic Impact Fee obligation.
CEQA: The San José Flea Market Southside Rezoning EIR. Planning
Commission recommends approval (5-1-1; Garcia opposed, Caballero
absent. Council District 4. (Planning, Building and Code Enforcement)
DEFERRED TO 6/22/2021 PER ADMINISTRATION
TO BE HEARD CONCURRENTLY WITH ITEM 10.2
Attachments Memorandum
Attachment 1
Attachment 2
(a) Resolution
(b) Ordinance
(c) Ordinance
(d) Resolution
CONTINUE THE GENERAL PLAN HEARING (2021 FIRST CYCLE) TO 6/22/2021
City of San José Page 32 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
10.4 21-1334 C21-010 - City Initiated Conforming Rezoning for Properties Located at 0
Sierra Road, 0 Miracle Mountain Drive and 0 Casa Loma Road. -
DEFERRAL
Recommendation: Approve an ordinance rezoning certain real properties of six parcels
totaling approximately 2,029-gross acres located in various locations
east and south of the Urban Service Area boundary, including the East
Foothills of San José on Sierra Road, on Miracle Mountain Drive north
of the Boulder Ridge Golf Club, and in South San José on Casa Loma
Road, from the R-1-1 Zoning District to the OS Open Space Zoning
District.
CEQA: Initial Study/Addendum (File No. ER20-187) to the Envision
San José 2040 General Plan Final Program Environmental Impact
Report (Resolution No. 76041) and the Envision San José 2040 General
Plan Supplemental Environmental Impact Report (Resolution
No.77617), and Addenda thereto. Council District 4. (Planning,
Building and Code Enforcement)
DEFERRED TO 6/22/2021 PER ADMINISTRATION
Attachments Memorandum
Ordinance
• 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 is adjourned in memory of Charles Davidson, who passed away at the age of 90 on March
25, 2021. It is an honor to recognize Charles for his many contributions to our community.
City of San José Page 33 Printed on 6/8/2021
City Council Amended Agenda June 8, 2021
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 6/8/2021
City Council Amended Agenda June 8, 2021
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 6/8/2021