►
Description
City of San José, California
Joint meeting of Rules and Open Government / Committee of the Whole, May 17, 2023
Pre-meeting citizen input on Agenda via eComment at https://sanjose.granicusideas.com/meetings.
This public meeting will be held at San José City Hall and also accessible via Zoom Webinar. For information on public participation via Zoom, please refer to the linked meeting agenda below.
Agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=1075945&GUID=C9DFCC78-EDBA-4F8A-ABD1-B6F3F0DF2554
A
A
A
A
A
A
A
A
A
B
C
B
B
You
just
before
we
start
I'll,
make
sure
to
repeat
the
code
of
conduct
for
this
meeting.
Everybody
will
address
the
agenda
items
and
won't
reference
any
specific
members
of
the
committee
or
the
council
and
we'll
talk
to
the
committee
as
a
whole.
We
won't
accept
abusive
language,
another
language
that
we
deem
inappropriate.
We
will
hopefully
have
good
behavior
from
all
and
look
forward
to
a
productive
meeting.
We
start
with
review
of
the
May
23rd
agenda.
B
B
B
B
B
Section
three:
we
have
our
three
items
on
ethics
review,
the
board,
Fair
campaign,
political
practice,
recommendations
and
the
ordinance
change
for
title
12.,
section:
five:
we
have
a
Bart
Silicon,
Valley
phase,
two
extension
project,
North
resurfacing
project
and
local
streets;
Paving
project
Section,
8,
update
on
San
Pedro
Street.
B
E
Hello,
can
everyone
hear
me?
Yes,
hi
I'm
I'm,
honorable
council
members,
my
name
is
Matthew
Alvarez
I'm,
a
partner
with
the
Sutton
Law
Firm,
also
a
board
member
of
the
California
political
attorneys,
Association
and
I'm
I'm,
commenting
on
proposed
ordinance
to
amend
title
12
of
the
San
Jose
Municipal
Municipal
Code.
This
is
the
campaign.
Finance
changes,
I've
exclusively
practiced
political
and
election
law
for
the
past
decade
and
I
must
say:
I'm
shocked
by
these
proposed
amendments
of
the
city's
campaign.
E
E
First,
it's
a
complete
abridgement
of
the
city,
employees,
First
Amendment
rights.
The
city
has
no
compelling
interest
to
prevent
employees
for
participating
in
a
participle
in
their
personal
time
on
whatever
campaigns
they
wish
and
in
whatever
capacity
they
wish.
This
is
basic
First,
Amendment,
law,
101
and
the
city
is
completely
ignoring
it.
Second,
like
it
or
not,
Supreme
Court
precedent
establishes
that
independent
expenditures
are
not
corrupting.
This
has
settled
law
of
the
land
and
no
amount
of
hand.
Ringing
will
change
that.
E
F
However,
they
are,
they
are
based
on
an
incomplete
information.
Now
the
City
attorney
already
admitted
that
the
violations
of
the
law,
these
weren't
violations
of
of
codes
of
conduct
or
any
of
this
this
these
are
not
just
like
real
small
issues
that
you
just
kind
of
like
wanted
to
throw
in
here
to
just
make
their
things
line
up.
F
There
was
an
actual
violation
of
state
law,
and
the
City
attorney
admits
this
in
the
memo,
because
there's
already
a
state
law
that
prohibits
the
kind
of
behavior
that
was
demonstrated
here
that
this
council
is
trying
to
amend,
because
what
they're
trying
to
do
is
cover
up
Puerto,
Ricardo
they're,
trying
to
cover
up
for
his
staff
because
there's
a
degree
of
corruption
that
is
astounding.
That's
going
on
in
this
city,
I
mean
it's
sickening
what's
going
on,
because
you
we
already
know
what
you
have
planned.
F
F
If
we
don't
know
what
we
don't
know
now,
this
City
attorney
is
never
ever
ever
gonna
admit
any
kind
of
wrong
unless
it
is
absolutely
egregious
and
there's
absolutely
no
way
that
she
could
defend
herself
against
it
and,
with
that
said,
hurt
she
admitted
on
the
record
in
the
memo
that
the
law
was
broken
and
that
she
has
no
clue
like.
Oh,
like
what
happened
here.
I,
don't
know
what
happened.
I,
don't
have
a
clue
uh-uh.
You
knew
exactly
what
was
going
on
City
attorney
and
you're,
trying
to
clean
it
up.
C
G
All
right,
Blair
being
here
thanks
for
the
meeting
today,
I
wanted
to
comment.
You
have
a
dumpster
day
issue
coming
up
or,
if
not
at
this
time
to
pass,
but
it
comes
today,
item
and
silicon
Valley
part
two
project,
silicon,
the
part
project.
Basically
I
wanted
to
comment.
First,
on
the
dumpster
day,
issues
to
comment
on
my
consent:
calendar
comment
that
was
cut
off
yesterday
to
continue.
G
C
What
item
what
item
on
the
23rd
agenda?
Are
you
talking
about
dumpster.
G
G
Okay,
so
what
I
was
about
to
say
is
that
San
Diego
is
really
impressed
in.
A
G
Communication
skills
with
your
with
homeless,
around
dumpster
day
issues
and
and
dumpster
day
issues
as
a
way
to
bring
all
parts
of
a
community
together,
I
mean
it's
the
Highlight.
It's
it's
one
of
the
best
things
you
do
in
San,
Jose
and
I.
Just
wanted
to
comment
on
that
that
I
hope
you
can
really
take
heart
to
the
concepts
of
communication
and
trust
that
we're
trying
to
build
right
now
really
work
on
those
issues.
G
You
got
this
other
thing
going
on
to
be
really
tough
and
strong,
but
we
got
to
be
open
and
holistic
about
this
whole
process.
So
good
luck
and
continue
good
communication
and
Trust
building
and
with
that
goes
with
the
with
the
BART
project
coming
up
tunnel
building
won't
actually
start
until
at
least
summer
of
24..
Learn
to
make
that
clear
and
learn
to
make
things
like
that
clear.
We
want
to
practice
Public
Safety,
it's
a
relief
to
do
that.
Let's
do
that!
Thanks
back
to
council,
all.
B
Any
questions
on
the
agenda
comments
all
right.
Let's
vote
to
on
the
agenda.
B
All
right
motion
carries
4-0,
councilmember
Davis
is
absent.
Today
now
we
have
no
agenda
for
May
30th,
since
there's
no
meeting
that
week,
we'll
move
on
to
the
consent
calendar
and,
let's
start
with
public
comment.
I
F
Yes
from
the
Horseshoe,
what
consent
calendar
items
just
I'd
like
to
restrict
my
comments
regarding
consent,
calendar,
the
the
topic
of
consent
calendar,
is
that
what
I'd
like
to
know
is
what
methodology
are
you
using
in
order
to
determine
whether
something
should
go
on
consent
or
whether
it
shouldn't?
Because
in
the
last
Administration
there
was
very
few
land
issue
items
that
went
through
consent
now.
C
F
B
J
Yes,
hi
Martha
O'connell
I'd
like
to
address
my
letter
in
the
public
record
on
anti-semitic
and
racist
comments
at
rules
and
many
many
thanks
to
the
to
the
gentleman
Lee
behavior
of
the
chair
of
the
committee,
who
opened
it
by
reminding
everybody
of
the
of
the
Rules
of
Civility
I.
Thank
you
for
that.
J
I
did
copy
both
the
city
city
clerk
and
the
City
attorney
on
my
letter
and
I
did
get
a
response
from
the
city
clerk's
office
that
they
would
be
monitoring
this
better
in
the
future
and
I
urge
us
all
to
be
civil
and
not
engage
in
any
kind
of
race-baiting
or
religion
baiting
or
whatever
we're
better
than
that,
and
again,
thanks
to
the
to
the
chair
of
the
rules
committee
for
reminding
us
of
that
today.
Thank
you.
B
All
right
motion
carries
4-0.
The
last
item
today
is
a
rules
committee
review
Memo
from
councilmember
Dewan
on
a
purchase
of
an
award
for
a
couple
of
injured
police
officers.
We
will
start
with.
We
don't
really
have
a
presentation
or
anything
to
talk
about.
So
we'll
start
with
public
comment.
Paul.
F
Yes,
Paul
Soto
from
the
Horseshoe
first
of
all,
I'd
like
to
thank
the
San
Jose
PD
for
the
work
that
they
do
out
in
the
community.
Not
all
cops
are
dirty
cops.
There's
a
there
is
a
contingent,
however,
inside
of
our
Police
Department,
that
is
racist
and
participating
in
international
drug
dealing
of
Fentanyl.
F
So
we
have
to
like
acknowledge
that
too,
but
with
respect
to
these
officers
being
injured
in
the
line
of
duty,
that
is
probably
one
of
the
highest
Honors
that
could
be
bestowed
upon
a
citizen
in
a
community
is
that
they
actually
took
a
bullet
in
the
in
the
in
the
service
of
the
protection
of
the
community
and
so
I'm
glad
that
that
councilman
dwan
is
acknowledging
this
in
a
very
public
way,
because
it
gives
the
opportunity
of
the
city
to
hold
our
Police
Department
to
the
highest
level
of
Standards
ethics,
morality
and
the
law.
F
It
gives
us
that
opportunity
to
do
that
so
I.
Thank
you
very
much
for
doing
this,
because
it's
important
that
we
do
that.
You
know
it's
important
that,
while
we
do
honor
the
people
that
do
put
themselves
between
a
bullet
and
harm
that
we
also
have
an
expectation,
we
have
an
absolute
expectation
and
a
right
to
exercise
that
expectation
when
there's
International
drug
rings
that
are
going
on
inside
of
the
police
department.
I
mean
we.
We
cannot
we're
not
going
to
avoid
that
topic.
F
You
know,
because
you
it
creates
this
contradiction
within
the
police
department
when
you're
viewing
them.
I,
don't
like
having
to
view
my
Police
Department
with
skepticism
I
want
to
be
able
to
look
at
my
Police
Department
with
respect
I
want
to
be
able
to
look
at
them
with
the
honor
that
is
deserving
of
a
person,
that's
going
to
put
themselves
between
harm
and
and
and
and
and
the
community.
So
that's
why
we
need
to
really
start
talking
about
this
International
drug
ring
that
was
going
on.
B
All
right
any
discussion
from
the
committee
or
motion.
I
C
I,
don't
have
the
exact
details.
I
know
it
needs
to
come
to
you
because
it
exceeds
the
amount
that's
allowed
to
be
spent
on
a
ceremonial
item,
I
believe
because
the
cost
of
the
key
is.
I
K
Excuse
me,
council,
member
Foley,
I
can
add.
I
saw
an
email
earlier
today
that
apparently
the
mayor's
office
that
puts
together
the
guidelines
for
ceremonials
and
the
invocation
is
going
to
be
looking
at
guidelines
for
a
key
to
the
city
because
as
far
as
I
know,
at
least
in
recent
memory,
this
has
not
been
something
that's
been
awarded.
Yeah.
C
I
K
B
Yeah,
it
looks
like
he's
planning
to
present
it
at
the
June
6th
council
meeting.
So
there
is
time
and
my
understanding
is
that
he
wants
to
give
them
something
beyond
the
traditional
certificate
and
the
cost
of
the
item
to
give
and
I
I
guess
the
item
is
taking
the
form
of
a
key,
so
the
cost
of
what
he's
looking
to
provide
is
more
than
the
50
limit,
and
that's
the
only
reason
it's
coming
to.
B
He
had
found
a
key
that
was
49
I,
guess
we
would.
He
would
have
done
it
without
having
to
ask
for
rules
approval,
but
I
mean
it's
a
reasonable
conversation
as
to
you
know.
Are
there
certain
types
of
ceremonial
type
things
that
we
ought
to
have
more
guidelines
around
as
opposed
to
others?
I?
Don't
you
know,
I,
don't
know
what
the
feelings
of
the
rest
of
the
committee
are.
I
Yeah
I'm
not
sure
I
want
to
get
bogged
down
in
their
bureaucracy
of
the
issue
right
now,
especially
if
the
mayor's
office
is
working
on
some
sort
of
language
and
and
if
what
we're
talking
about
is
a
recognition
of
their
heroic
efforts,
then
I'm
I'm
All
supportive.
That
of
that
it's
just
it's
the
key
to
the
city
component
that
I'm
kind
of
grappling
with
and
what
that
means.
I
know
we've
given
it
to
normanetta
and
others,
but
it's
it's
not
something
we
give
on
a
regular
basis.
A
C
C
I
was
not
involved
in
the
process
for
either
of
those
so
I,
don't
know
what
the
decision
was
of
why
they
got
a
key
versus
some
other
Commendation,
but
the
the
main
purpose
of
this
is
he
can't
he
could
pay
out
of
pocket
or
you
can
authorize
him
to
use
City
funds
to
pay
for
the
state
of
the
city
or
the
key
to
the
city.
I
I
H
So
I
I
had
similar
questions
in
terms
of
what
is
this
I
I
also
am
supportive,
but
I
mean
in
terms
of
of
the
reason
why
it's
coming
to
us
is
because
of
the
cost
or
it's
hard
for
me
to
to
know
what
magnitude
are
we
talking
about
a
gold
key
or
like
what
you
know
or
or
just
having
come
to
us?
It
could
be
whatever
it
is.
That
is
spent.
C
H
We
talking
hey,
you
know
it's
just
it
just
happens
to
be
sixty
dollars
or
something
or
are
you
gonna
or
is
this
like
I
I,
don't
know
what
this
is
right
so
so
are
we
talking
I
mean
once
we
say?
Yes,
it
could
be
whatever
I'd
like
a
gold
key,
but
but
I'm
just
I'm,
just
you
know,
like
I.
Am
supportive
I
think
it's
a
great
idea,
but
I
don't
know
what
it
means.
I
More
about
what
he's
doing
yeah
yeah
I
did
you
I
will
move
to
deferred
the
discussion
until
next
week
and
request
council
member
dwan
to
come
and
present.
B
D
K
Thank
you,
councilmember
I,
think
what
you're
referring
to
in
terms
of
an
established
policy
would
be
the
guidelines
that
the
mayor's
office
is
apparently
working
on.
So
given
this
request,
so
in
what
circumstances
would
Council
be
recognizing
someone
with
a
key
to
the
city
and
those
kinds
of
things,
apparently
at
least
from
an
email
I
had
earlier
today?
It
there
really
isn't
a
guideline
yeah.
There
is
not.
B
Yeah
I
mean
my
opinion
is
okay:
it
has
a
capital
in
this
recommendation,
purchase
of
capital
key
to
the
city
Awards,
as
if
there's
as
if
this
is
something
official
that
we
have
as
a
city.
It's
not
that
he's
purchasing
a
trophy.
That's
shaped
like
a
key
which,
but
but
I,
think
we're
a
little
uncomfortable
with
the
idea
that
that
we're
setting
some
kind
of
precedent
of
giving
out
keys
to
the
city
and
I
mean
the
cost
of
it.
B
We
don't
I
mean
obviously
I,
don't
think
the
cost
is
really
Our
concern,
because
we
we
spend
money
on
on
these
kind
of
recognitions
for
people
sometimes.
But
you
know
I'm
I'm
willing
to
hear
from
him
and
have
him
and
have
him
have
a
thoughtful,
a
thoughtful
approach
to
what
we
should
do
as
far
as
whether
it's
a
key
to
the
city
or
not
I
mean
he's
great
he's,
Rising
this
above
just
giving
a
extra
gift
or
something
to
somebody,
but
calling
it
something
formal
like
key
to
the
city.
B
D
B
K
And
cheer
cone
what
I
was
going
to
suggest
is
perhaps
I
think
it
was
Stephen
Tony
that
I
heard
was
working
on
a
guideline
in
the
mayor's
office.
Perhaps
they
could
come
next,
he
could
come
next
week
or
someone
in
that
office
could
come
next
week
and
also
give
you
some
sense
of
what
they're
looking
at.
If
they
don't
have
a
guideline
drafted
at
least
what
they're
thinking
through
and
get
feedback
from,
Rules.
B
Okay,
yeah
all
right,
yeah
I,
mean
I,
think
it's
worthy
of
another
discussion.
I
mean
I.
Understand
that
this
is.
It
might
end
up
being
much
to
do
about
nothing,
but,
on
the
other
hand,
it's
being
called
something
which,
which
sounds
very
official
and
since
we're
being
asked
to
approve
it,
we
ought
to
maybe
think
it
through
so
I'm
supportive
of
the
motion,
so
I
guess
we'll
move
on
to
vote
on
that
motion.
C
G
Yeah
hi
we're
a
big
friend
to
try
to
continue
to
wrap
up.
A
G
I've
tried
to
offer
at
public
promise,
we
might
talk
about
I
mentioned
the
dumpster,
the
dumpster
Day
events
and
how
that
really
is
a
good
item
to
talk
about
public
practices.
Thank
you
that
you
do
that.
G
There
was
a
black
April
item
on
yesterday's
agenda
and
I
just
wanted
to
again
compliment
council
person
Ortiz's
words
to
very
nicely
stated
that
in
our
work
that
we
do
in
San,
Jose,
be
it
as
Vietnamese.
Community
is
an
important
part
of
San
Jose,
good
luck
in
the
concepts
of
working
towards
the
Oneness
and
that
we
are
all
one
basically
and
in
our
work
and
our
efforts.
That
means
compromise
from
all
sides,
but
towards
the
good
goal,
and
that
we
work
together
towards
that
goal.
G
I
was
really
impressed
by
Council
business,
whereas
I'm
not
giving
it
justice,
but
how
nice
you
said
it,
but
good
luck
to
that.
Just
a
good
piece
to
have
this
dialogue
and
conversations
shared
goals
together.
I
also
wanted
to
mention
I.
Guess,
there's
48
seconds
about
the
issues
of
you
know
the
tiny
homes
you
know
I
can
see
it
as
a
good
plateau
for
ourselves.
G
You
know
as
a
second
step
somebody
mentioned
yesterday.
What
can
you
explain
the
steps
to
us?
What
will
exactly
happen
and
I
I?
Don't
think
that's
being
made
clear
if
it's
a
good
step
towards
permanent
housing?
Can
we
do
that
Jackie's
brand
and
the
housing
department
she's
been
asking
for
months
how
we
can
have
a
more
full
housing
department
to
go
from
start
to
finish
to
help
people?
G
Why
aren't
we
talking
more
about
those
kind
of
Concepts
and
just
and
to
fund
those
sort
of
things
and
to
conclude,
with
with
four
seconds
I
have
more
to
say
on
this
item.
F
Apostle
from
the
Horseshoe
I'm
going
to
talk
a
little
bit
about
constitutional
law,
the
Fifth
Amendment
states
that
you
cannot
deprive
someone
of
life,
liberty
or
property
without
just
compensation.
This
is
the
law,
so
we
obviously
know
who
I'm
talking
to
who
my
comments
are
directed
to,
and
so
a
legal
argument
can
be
made
that
redlining.
F
Deprived
the
Chicanos
by
name
you
have
in
the
documents
Mexicans.
So
by
name,
you
literally
deprived
the
Mexican
of
property,
but
you
didn't
give
him
his
just
compensation.
So
a
legal
argument
can
be
made.
That
is
in
your
documents,
because
you
guys
had
your
documents
on
your
website
for
probably
about
three
months
and
I
was
scared.
I
got
all
of
them
and
so
I
skimmed,
all
of
them,
and
what
you
guys
did.
Is
you
tracked
my
you
tracked
the
IP
number,
and
then
you
cut
it
off
because
you
knew
who
was
accessing
them.
F
Nobody
was
going
after
those
documents.
The
half
most
of
the
city
that
talks
about
redlining
has
never
seen
a
redlining
document
from
the
city
of
San.
Jose
I
have
them
all,
because
you
guys
cut
them
off
immediately,
and
so
what
I'm
saying
is
that
I'm
asking
the
council
to
really
consider
putting
an
agenda
item
and
asking
that
question
that
really
hard
question?
What
does
reparation
mean?
What
does
amend
mean
I'll,
give
you
the
definition
of
amend,
amend,
means
reparation
or
compensation
for
a
loss,
damage
or
energy
of
any
kind,
a
recompense.