City Council

City Council Meeting Amended Agenda Tuesday, September 21, 2021 1:30 PM Hybrid Meeting - Council Chambers and Virtually - https://sanjoseca.zoom.us/j/93052835954 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 September 21, 2021 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 930 5283 5954. 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/93052835954 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. 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 City of San José Page 4 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 9:30 a.m. - Closed Session 21-2031 Closed Session Agenda Attachments Closed Session Agenda 1:30 p.m. - Regular Session • Pledge of Allegiance • Invocation (District 8) Craig Ferguson, President of Thompson Creek Neighborhood Association. • 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 21-2138 Ceremonial Items Attachments Letters from the Public 1.1 Presentation of a Proclamation recognizing September 20, 2021 through September 24, 2021 as Fall Prevention Awareness Week. (Foley) 1.2 Presentation of a Proclamation recognizing National Literacy Month. (Arenas) 1.3 Presentation of a Proclamation recognizing Suicide Prevention Month. (Peralez) 2. CONSENT CALENDAR City of San José Page 5 Printed on 9/21/2021 City Council Amended Agenda September 21, 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. 2.2 Final Adoption of Ordinances. 2.3 Approval of Council Committee Minutes. 2.4 Mayor and Council Excused Absence Requests. 21-2113 Mayor and Council Excused Absence Requests. Recommendation: Request for an excused absence for Councilmember Cohen from the Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole on September 22, 2021 due to authorized City Business. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Cohen) [Rules Committee referral 9/15/2021 - Item A.1.a] Attachments Memorandum 2.5 City Council Travel Reports. 2.6 Report from the Council Liaison to the Retirement Boards. City of San José Page 6 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 2.7 21-2034 Approval of Three Dumpster Days Sponsored by Council District 5 as a 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 September 1, 2021: (a) Approve the Dumpster Day scheduled on September 25, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; (b) Approve the Dumpster Day scheduled on October 8, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; (c) Approve the Dumpster Day scheduled on October 23, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; and (d) Approve and accept donations from various individuals, businesses, or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Carrasco) [Rules Committee referral 9/1/2021 - Item G.1.b] Attachments Memorandum 2.8 21-2041 Retroactive Approval of Dumpster Day Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government Committee on September 1, 2021: (a) Retroactively approve the Dumpster Day Event scheduled on September 11, 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. (Carrasco) [Rules Committee referral 9/1/2021 - Item G.1.c] Attachments Memorandum City of San José Page 7 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 2.9 21-2042 Amendment to Master Consultant Services Agreement with AECOM Technical Services. Recommendation: Approve a Second Amendment to the Master Consultant Services Agreement with AECOM Technical Services, Inc. for professional consulting services, extending the term from December 31, 2021 to December 31, 2022, with no change in maximum compensation. CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. (Airport) Attachments Memorandum Agreement 2.10 21-2043 Hewlett Packard Ground Lease Termination. Recommendation: (a) Adopt a resolution authorizing the City Manager or designee to negotiate and execute a Third Amendment to the Ground Lease of Parcel W-9 Agreement with Hewlett Packard Enterprise Company to terminate the agreement early, effective upon execution by the City with a payment to Hewlett Packard Enterprise Company of $1,500,000. (b) Adopt the following 2021-2022 Appropriation Ordinance Amendments in the Airport Renewal and Replacement Fund: (1) Establish the Hewlett Packard Enterprise Lease Buyout appropriation to the Airport Department in the amount of $1,500,000; and (2) Decrease the Ending Fund Balance in the amount of $1,500,000. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Airport/City Manager) Attachments Memorandum City of San José Page 8 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 2.11 21-2044 City Manager’s Travel to Portland, Oregon. - DROP Recommendation: Authorize travel for City Manager Jennifer Maguire to Portland, Oregon on October 1 - 3, 2021 to participate in the Large Cities Executive Forum. Source of Fund: General Fund/City Manager's Non-Personal Appropriation. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) DROP Attachments Memorandum City of San José Page 9 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 2.12 21-2045 Conditional Summary Vacation, Declaration of Surplus, and Sale of a Portion of North Almaden Boulevard. - DEFERRED Recommendation: (a) Adopt a resolution: (1) Approving the report of the Director of Public Works setting forth the facts justifying the conditional summary vacation of an approximately 1,381 square foot portion of North Almaden Boulevard located northeast of the North Almaden Boulevard and East Santa Clara Street intersection (“Subject Property”); (2) Conditionally vacating the Subject Property, which after the satisfaction of the condition, will be superseded by relocation; (3) After satisfaction of the condition, directing the City Clerk to record a certified copy of the resolution of vacation with the Office of the Recorder, County of Santa Clara; and (4) Declaring the Subject Property “exempt surplus land” to the needs of the City. (b) Adopt a resolution authorizing the City Manager, or their designee, to negotiate and execute: (1) Purchase and Sale Agreement with the adjacent property owners Kenneth S. Tersini and the Kenneth S. Tersini Living Trust for the sale of approximately 674 square feet of conditionally vacated City-owned “exempt surplus property” on a portion of Almaden Boulevard, between N. Almaden Boulevard and W. Santa Clara Street, in accordance with Cal Gov. §54221(f)(1)(B) and San José Municipal Code §4.20.070(A), in exchange for the conditionally vacated 674 square feet and Assessor’s Parcel Number 259-35-055 being voluntarily annexed to the Convention Center Facilities District; (2) Purchase and Sale Agreement with adjacent property owner Bit Holdings Sixty-Eight, Inc. for the sale of approximately 707 square feet of conditionally vacated City-owned “exempt surplus property” on a portion of Almaden Boulevard, between N. Almaden Boulevard and W. Santa Clara Street, in accordance with to Cal Gov. §54221(f)(1)(B) and San José Municipal Code §4.20.070 in the amount of $1; and (3) All other documents necessary to complete the transactions. CEQA: Supplemental Environmental Impact Report for the Almaden Corner Hotel Project, H18-038. Council District 3. (Economic Development and Cultural Affairs/Public Works) [Deferred from 8/31/2021 - Item 2.8 (21-1886) and 9/14/2021 - Item 2.10 (21-1978)]] DEFERRED TO 9/28/2021 PER ADMINISTRATION Attachments Resolution City of San José Page 10 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 2.13 21-2046 Google Donation to work2future to Fund the San José Job Center Relocation Costs. Recommendation: Adopt a resolution accepting a donation of $300,000 from Google for moving, tenant site improvements, and technology upgrades to the new work2future San José Job Center location. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Economic Development and Cultural Affairs) Attachments Memorandum Resolution 2.14 21-2047 Stormwater Permit Annual Report for Fiscal Year 2020-2021. Recommendation: Adopt a resolution authorizing certification and submittal of the FY 2020-2021 Stormwater Permit Annual Report to the San Francisco Bay Regional Water Quality Control Board by September 30, 2021, in conformance with the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit requirements, pursuant to the Federal Clean Water Act. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City Action. (Environmental Services) Attachments Memorandum Resolution City of San José Page 11 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 2.15 21-2048 Actions Related to the Purchase Orders for Maintenance, Repair and Operations Services for Norman Y. Mineta San José International Airport. Recommendation: Adopt a resolution authorizing the City Manager to: (a) Execute purchase orders with ECS Design, Inc. (San José, CA) and Castillo Plumbing, Inc. (Burlingame, CA) for maintenance, repair, and operation services for the Norman Y. Mineta San José International Airport for an initial twelve-month period, starting on or about September 21, 2021 and ending on or about September 20, 2022 for a total cumulative compensation not-to-exceed $700,000; 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 September 21, 2026, subject to the annual appropriation of funds. CEQA: Environmental Impact Report for Norman Y. Mineta San Jose International Airport Master Plan (Resolution No. 79497 and SCH#2018102020), File No. PP18-103. (Finance) Attachments Memorandum 2.16 21-2049 Actions Related to the Purchase Order with Vincent Electric Company for Motor, Generator, Pump, Gearboxes and Related Equipment Test, Repair and/or Overhaul/Rebuild Services. Recommendation: Adopt a resolution authorizing the City Manager to: (a) Execute a purchase order with Vincent Electric Company (Oakland, CA) for motor, generator, pump, gearboxes and related equipment test, repair and/or overhaul/rebuild services for a twelve-month period, starting on or about September 21, 2021 and ending on September 20, 2022, for an amount not to exceed $172,000; and (b) Exercise up to four additional one-year options to extend the initial term of the purchase order with the last option year ending on or about September 20, 2026, subject to the appropriation of funds. CEQA: Categorically Exempt, File No. ER21-152, CEQA Guidelines Section 15301, Existing Facilities. (Finance) Attachments Memorandum City of San José Page 12 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 2.17 21-2050 Actions Related to Open Purchase Order with Bear Electric Solutions, Inc for Outside Plant Fiber Optic Cable Installations, Maintenance, Repair, Splicing and Testing Services. Recommendation: Adopt a resolution authorizing the City Manager to: (a) Execute a purchase order with Bear Electric Solutions, Inc. (Alviso, CA) for outside plant fiber optic cable installation, maintenance, repair, splicing and testing services for an initial twelve-month period, starting on or about September 21, 2021 and ending on or about September 20, 2022 for a total cumulative compensation not-to-exceed amount of $900,000; and (b) Exercise up to four additional one-year options to extend the initial term of the purchase order with the last option year ending on or about September 20, 2026, subject to the annual appropriation of funds. CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. (Finance) Attachments Memorandum 2.18 21-2051 Amendment to the Agreement with Applications Software Technology LLC for a Service Request Management/Customer Relationship Management Software Solution. Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute the Fourth Amendment to the Agreement for a Service Request Management/Customer Relationship Management (SRM/CRM) Software Solution with Applications Software Technology (AST) LLC (Naperville, IL) to migrate the San José 311 web portal and mobile application to a low-code or no-code platform, provide application development, testing, deployment, and post go-live support for new features and enhancement, and increase compensation by $200,000 for a revised maximum compensation not to exceed $1,666,983 for the initial term ending November 30, 2021. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) Attachments Memorandum City of San José Page 13 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 2.19 21-2060 Retroactive Approval of the Ethiopian Flag Raising as a City Sponsored Special Event to Expend City Funds and Authorization to Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government Committee on September 8, 2021: (a) Retroactively approve the Ethiopian Flag Raising scheduled on September 1-8, 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. (Mayor) [Rules Committee referral 9/8/2021 - Item G.1.a] Attachments Memorandum 2.20 21-2069 Seamless Transit Principles. Recommendation: As recommended by the Rules and Open Government Committee on September 8, 2021, adopt a resolution supporting the Seamless Transit Principles. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Peralez) [Rules Committee referral 9/8/2021- Item G.5] Attachments Memorandum Resolution 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, Jennifer Maguire (Verbal Report) 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. City of San José Page 14 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 3.3 21-2052 Recovery Task Force Membership. Recommendation: Approve the COVID-19 Recovery Task Force membership, as shown in Attachment A of the staff memorandum, as part of the FY 2021-2022 City Roadmap “Build Back Better + Recovery Task Force” Initiative. 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 Supplemental Memorandum, 9/15/2021 Memorandum from Peralez, 9/20/2021 Presentation - est. 5 minutes 3.4 21-2053 Actions Related to Pension Obligation Bonds Issuance and Court Validation Proceedings. - RECOMMEND DEFERRAL Recommendation: Adopt a resolution authorizing the issuance of bonds to refund and repay certain pension obligations of the City of San José, approving the form and authorizing the execution of a Trust Agreement and Bond Purchase Agreement; authorizing judicial validation proceedings relating to the issuance of such bonds and approving additional actions related thereto. 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 Attorney) RECOMMEND DEFERRAL TO 10/5/2021 PER ADMINISTRATION Attachments Memorandum Supplemental Memorandum, 9/17/2021 Resolution Agreement - Trust Agreement - Bond Purchase City of San José Page 15 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 3.5 21-2054 Amendment to the Vendor Agreement with Managed Health Network for Employee Assistance Programs and Critical Incident Stress Management Benefits and MHN Services for Substance Abuse Treatment. Recommendation: Adopt a resolution authorizing the City Manager to negotiate and execute an Amendment to the Vendor Agreement with Managed Health Network for employee assistance programs and critical incident stress management benefits and MHN Services, LLC for substance abuse treatment, extending the term of the Agreement from December 31, 2021 to December 31, 2022, and increasing the not to exceed Agreement amount from $2,346,114 to a revised not to exceed amount of $3,006,639, 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. (Human Resources) Attachments Memorandum 4. PUBLIC SAFETY SERVICES 4.1 21-2065 Pedestrian Safety Pilot at Monterey Road and Curtner Avenue. Recommendation: As recommended by the Rules and Open Government Committee on September 8, 2021: (a) Direct Staff to pilot recording video cameras at Monterey and Curtner, which will record the intersection in a manner consistent with our current Privacy Policy, including time limited recording retention as appropriate, and report back to the Transportation and Environment Committee with a report on the pilot program to assess effectiveness. (b) Direct Staff to explore the use of American Rescue Plan or federal infrastructure funding for these efforts. CEQA: Not a Project, File No. PP17-007, Preliminary direction to staff and eventual action requires approval from decision-making body. (Esparza) [Deferred from 9/1/2021 - Item G.2 (ROGC 21-713)] [Rules Committee referral 9/8/2021 - Item G.2.3 and G.2.4] Attachments Memorandum Early Consideration Response Form 5. TRANSPORTATION & AVIATION SERVICES 6. ENVIRONMENTAL & UTILITY SERVICES City of San José Page 16 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 7. NEIGHBORHOOD SERVICES 8. COMMUNITY & ECONOMIC DEVELOPMENT 8.1 21-2055 Fiscal Year 2020-2021 Consolidated Annual Performance Evaluation Report. Recommendation: (a) Conduct a final public hearing on the FY 2020-2021 Consolidated Annual Performance Evaluation Report. (b) Accept the report on the progress towards achieving the housing and community development goals identified in the City's five-year Consolidated Plan (2020-2025) and the FY 2020-2021 Annual Action Plan regarding the use of federal funds from the U.S. Department of Housing and Urban Development for submittal by the September 28, 2021 deadline. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Housing) Attachments Memorandum Supplemental Memorandum, 9/20/2021 Presentation - est. 7 minutes 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 No Land Use items on Consent Calendar. END OF CONSENT CALENDAR 10 Land Use - Regular Agenda • Open Forum City of San José Page 17 Printed on 9/21/2021 City Council Amended Agenda September 21, 2021 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 City of San José Page 18 Printed on 9/21/2021 City Council Amended Agenda September 21, 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 19 Printed on 9/21/2021 City Council Amended Agenda September 21, 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 20 Printed on 9/21/2021