City Council Meeting
Amended Agenda
Tuesday, March 7, 2023
1:30 PM
Hybrid Meeting - Council Chambers and Virtually -
https://sanjoseca.zoom.us/j/88957084529
MATT MAHAN, MAYOR
ROSEMARY KAMEI, DISTRICT 1
SERGIO JIMENEZ, DISTRICT 2
OMAR TORRES, DISTRICT 3
DAVID COHEN, DISTRICT 4
PETER ORTIZ, DISTRICT 5
DEV DAVIS, DISTRICT 6
BIEN DOAN, DISTRICT 7
DOMINGO CANDELAS, DISTRICT 8
PAM FOLEY, DISTRICT 9
ARJUN BATRA, 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 the name on the card is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants by calling speakers in an orderly manner. 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 total amount of time allocated for public testimony for each public speakers or for an agenda item may be limited at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. (California Government Code Section 54954.3; Council Policy 0-37)
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 [email protected].
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 [email protected] 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.
March 7, 2023City Council Amended Agenda
How to observe the Meeting (no public comment):
1) Cable Channel 26,
2) https://www.sanjoseca.gov/your-government/appointees/city-clerk/council-agendas-minutes/ participate-watch-public-meetings, 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 [email protected] 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 [email protected], 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 889 5708 4529. 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/88957084529
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.
Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). Interpretation is available in Spanish. In your webinar controls, select “Interpretation.” Click the language you would like to hear. • Call to Order and Roll Call
March 7, 2023City Council Amended Agenda
9:30 a.m.- Closed Session, Call to Order in Council Chambers Open Session, Labor Negotiations Update (See Item 3.2)
Adjourn to Closed Session in Council Chambers Conference Room, W133 See Separate Agenda
23-313 Closed Session Agenda
Closed Session AgendaAttachments
Pursuant to AB2449, Councilmember Jimenez provided notice he will participate in the Closed Session meeting using videoteleconference under the just cause exemption of caregiving. This is his first of two allowed just cause exemptions.
1:30 p.m.- Regular Session, Council Chambers, City Hall • Pledge of Allegiance
• Invocation (District 3)
• 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
1.1 Presentation of a proclamation recognizing Women's History Month to commemorate and empower women in San José and around the world. (Kamei, Davis, Foley)
1.2 Presentation of a proclamation declaring March 12, 2023 as Mexica New Year to celebrate the contributions of indigenous peoples from across the Americas in San José. (Ortiz)
1.3 Presentation of a proclamation recognizing March 11, 2023 as National 311 Day to increase awareness of the non-emergency number to report issues, find out about city services, and ask questions, and honor the ‘first’ first responders who field these calls and assist people. (Mayor)
2. CONSENT CALENDAR
March 7, 2023City Council Amended Agenda
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 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.
23-337 Approval of City Council Minutes.
Recommendation: (a) City Council Meeting Minutes of March 1, 2022. (b) City Council Meeting Minutes of November 29, 2022.
(c) City Council Meeting Minutes of December 6, 2022.
(d) City Council Meeting Minutes of January 31, 2023.
(e) City Council Special Meeting Minutes of January 26, 2023.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.
(a) 3/1/2022 CC Minutes
(b) 11/29/2022 CC Minutes
(c) 12/6/2022 CC Minutes
(d) 1/31/2023 CC Minutes
(e) 1/26/2023 CC Special Minutes
Attachments
2.2 Final Adoption of Ordinances.
2.3 Approval of Council Committee Minutes.
23-338 Approval of Council Committee Minutes.
Recommendation: (a) Regular Public Safety, Finance and Strategic Support Committee Minutes of February 16, 2023.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.
(a) 2/16/2023 PSFSS MinutesAttachments
2.4 Mayor and Council Excused Absence Requests.
March 7, 2023City Council Amended Agenda
23-346 Mayor and Council Excused Absence Requests.
Recommendation: Request for excused absences for Councilmember Davis from the Regular Meetings of Transportation and Environment Committee on February 6, 2023 and Neighborhood Services and Education Committee on February 9, 2023 due to illness.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Davis)
[Rules Committee referral 3/1/2023 - Item A.1.a]
MemorandumAttachments
2.5 City Council Travel Reports.
2.6 Report from the Council Liaison to the Retirement Boards.
2.7 23-314 Settlement of Anthony Sung Cho v. City of San José, et al.
Recommendation: Approve the settlement of a lawsuit brought by Plaintiff Anthony Sung Cho in the total amount of $200,000 and authorize the City Attorney to execute a settlement agreement.
CEQA: Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Attorney)
Memorandum
Agreement
Attachments
March 7, 2023City Council Amended Agenda
2.8 23-315 Acceptance of the 2022 California Governor’s Office of Emergency Services Internet Crimes Against Children Task Force Grant.
Recommendation: (a) Adopt a resolution accepting the 2022 California Governor’s Office of Emergency Services Internet Crimes Against Children Task Force Grant in the amount of $950,000; and authorizing the City Manager to execute the Grant Agreement and execute additional amendments and all related documents, including online certifications at time of award acceptance and reimbursement requests, without further City Council action.
(b) Adopt the following 2022-2023 Appropriation Ordinance and Funding Sources Resolution Amendments in the General Fund:
(1) Establish the 2022-2023 Internet Crimes Against Children State Grant City-Wide Expenses appropriation to the Police Department in the amount of $836,148; and
(2) Increase the estimate for revenue from State of California by $836,148.
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 potentially significant physical impact on the environment. (Police/City Manager)
Memorandum
Agreement
Resolution
Attachments
2.9 23-303 Boards and Commissions Appointment.
Recommendation: (a) Council Appointment Advisory Commission (CAAC):
(1) District 2 Seat: Appoint Christopher Lee for a term ending December 31, 2026.
(b) Airport Commission:
(1) District 2 Seat: Appoint Hai Bui for a term ending June 30, 2023.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk)
[Rules Committee referral 3/1/2023 - Item A.1.a]
Memorandum
Memorandum - Conflicts of Interest
Applications
Attachments
March 7, 2023City Council Amended Agenda
2.10 23-379 Deferred Compensation Advisory Committee Appointment.
Recommendation: As recommended by the Rules and Open Government Committee on March 1, 2023:
(a) Approve the following appointment to the Deferred Compensation Advisory Committee (DCAC) to fill a vacant seat for the remainder of the term, beginning March 20, 2023, and ending on March 1, 2025:
(1) Laurence (Larry) Brown as the active employee member nominated by the “trades organizations” consisting of the Association of Building, Mechanical & Electrical Inspectors (ABMEI), International Union of Operating Engineers, Local 3 (OE#3) and International Brotherhood of Electrical Workers (IBEW).
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Human Resources)
[Rules Committee referral 3/1/2023 - Item B.3]
MemorandumAttachments
2.11 23-382 Request for Travel and Excused Absence.
Recommendation: As recommended by the Rules and Open Government Committee on March 1, 2023:
(a) Authorize travel, accept travel payments to the City of San José, and designate Councilmember Davis as the City representative to attend the Reimagining the Civic Commons event in Macon, Georgia from April 10-13, 2023. (Source of Fund: The Guadalupe River Park
Conservancy, a 501c3 nonprofit [airfare, lodging, meals, ground transportation]).
(b) Request for excuse absences from the Regular meetings of City Council on April 11, 2023, the Rules and Open Government Committee on April 12, 2023, and the Neighborhood Services and Education Committee on April 13, 2023.
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Davis)
[Rules Committee referral 3/1/2023 - Item B.5]
MemorandumAttachments
March 7, 2023City Council Amended Agenda
2.12 23-376 Retroactive Approval of Park Row Condos Neighborhood Meet and Greet Sponsored by Council District 4 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 March 1, 2023:
(a) Retroactively approve the Park Row Condos Neighborhood Meet and Greet event scheduled on February 16, 2023 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. (Cohen) [Rules Committee referral 3/1/2023 - Item B.1]
MemorandumAttachments
2.13 23-372 Approval of Lighting for Women’s History Month Sponsored by Council Districts 6, 9, and 1 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
Recommendation: (a) Approve the Tower and Rotunda lighting for Women’s History Month scheduled on March 7-10, 2023 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. (Davis, Foley & Kamei)
[Rules Committee referral 3/1/2023 - Item A.1.a]
MemorandumAttachments
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.
March 7, 2023City Council Amended Agenda
3.3 23-156 Actions Related to Mayor and Councilmembers’ Travel to Phoenix, Arizona for the San José Chamber of Commerce Annual Study Mission.
Recommendation: Approve travel to Phoenix, Arizona and request for an excused absence for the following Councilmembers from the following meetings due to Authorized City Business: San José Chamber of Commerce Annual Study Mission:
(a) Mayor Mahan (Source of Funds: Mayor/Council Travel Budget; Travel Dates: April 18-21, 2023; Meeting: April 18, 2023 San José City Council Meeting).
(b) Councilmember Jimenez (Source of Funds: District 2 Council Office Budget; Travel Dates: April 18-21, 2023; Meetings: April 18, 2023 San José City Council Meeting, April 19, 2023 Rules and Open Government Committee and April 20, 2023 Public Safety, Finance, and Strategic Support Committee).
(c) Councilmember Torres (Source of Funds: District 3 Council Office Budget; Travel Dates: April 18-21, 2023; Meetings: April 18, 2023 San José City Council Meeting and April 20, 2023 Public Safety, Finance, and Strategic Support Committee).
(d) Councilmember Cohen (Source of Funds: District 4 Council Office Budget; Travel Dates: April 18-21, 2023; Meeting: April 19, 2023 Rules and Open Government Committee).
(e) Councilmember Ortiz (Source of Funds: District 5 Council Office Budget; Travel Dates: April 18-21, 2023; Meeting: April 18, 2023 San José City Council Meeting).
(f) Councilmember Doan (Source of Funds: District 7 Council Office Budget; Travel Dates: Travel Dates: April 18-21, 2023; Meetings: April 18, 2023 San José City Council Meeting, and April 20, 2023 Public Safety, Finance, and Strategic Support Committee).
Committee and April 20, 2023 Public Safety, Finance, and Strategic Support Committee).
CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (City Clerk)
Revised Memorandum
Revised Supplemental Memorandum, 3/2/2023
Supplemental Memorandum, 3/7/2023
Attachments
March 7, 2023City Council Amended Agenda
3.4 23-316 City Initiatives Roadmap: Customer Service Vision and Standards Initiative Report.
Recommendation: Accept the report on the Customer Service Vision and Standards Initiative and approve the Customer Service Vision, Standards, recommendations, and performance management framework described in the staff memorandum, as part of the approved City Initiatives Roadmap for 2022-2023.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Manager)
Memorandum
Presentation - est. 20 minutes
Attachments
3.5 23-317 Actions Related to the 8087- TRAIL: Coyote Creek (Mabury Road to Empire Street) - ATP Grant Project.
Recommendation: Adopt a resolution authorizing the Director of Public Works to:
(a) Award and execute a contract for the construction of the 8087 - TRAIL: Coyote Creek (Mabury Road to Empire Street) - ATP Grant Project Re-Bid to the lowest responsive, responsible bidder in an amount not to exceed $8,500,000;
(b) Decide any timely bid protest(s) and make the City’s final determination as to the lowest responsive bidder that is responsible as needed to award the contract; and
(c) Establish a contingency in the amount of 10 percent of the contract amount.
CEQA: Addendum to the Coyote Creek Trail Master Plan Mitigated Negative Declaration (Resolution No. 75982), File No. ER20-145.
Council Districts 3 and 4. (Public Works/Parks, Recreation, and Neighborhood Services)
Memorandum
Resolution
Attachments
March 7, 2023City Council Amended Agenda
3.6 23-318 Annual Report on Measure T Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond Program Proceeds and Allocations.
Recommendation: Accept the Measure T Community Oversight Committee’s Annual Report on the Measure T - The Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond Program proceeds and allocations for Fiscal Year 2021-2022.
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)
Memorandum
Presentation - est. 5 minutes
Attachments
3.7 23-321 Actions Related to Councilmembers' Travel to Detroit, Michigan for the SPUR's Study Trip.
Recommendation: Approve travel to Detroit, Michigan and request for an excused absence for the following Councilmembers from the following meetings due to Authorized City Business: SPUR's Study Trip:
(a) Councilmember Torres (Source of Funds: District 3 Council Office Budget; Travel Dates: May 1-4, 2023; Meetings: May 2, 2023 San José City Council Meeting).
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk)
[Rules Committee referral 3/1/2023 - Item A.1.a]
MemorandumAttachments
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
March 7, 2023City Council Amended Agenda
7.1 23-319 Long-Term Lease of Municipal Golf Courses. - DEFERRED Recommendation: (a) Accept the report on the Golf Course Management, Operations and Maintenance Services Request for Proposal process and results. (b) Adopt a resolution authorizing the City Manager, or designee, to negotiate and execute a lease agreement, and all other necessary and/or ancillary documents, with CourseCo, Inc. for the three City-owned golf courses (Los Lagos, Rancho del Pueblo, and San José Municipal) that substantively conforms to the key terms negotiated by staff, which include ensuring and expanding community use, as described in the staff memorandum to Council.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no significant physical changes to the environment. Council Districts 3, 5, and 7. (Parks, Recreation and Neighborhood Services)
DEFERRED TO 3/14/2023 PER ADMINISTRATION
MemorandumAttachments
8. COMMUNITY & ECONOMIC DEVELOPMENT
9. REDEVELOPMENT – SUCCESSOR AGENCY
10. LAND USE
Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item
10.1) as they are considered to be routine by the City Council and will be adopted by one motion.
If a member of the City Council 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
March 7, 2023City Council Amended Agenda
10.2 23-320 Burbank No. 44 - Annexation of Property Located at 1883-1887, 1891-1995, 1897-1899 West San Carlos Street and 13 Boston Avenue. - RENOTICED TO 3/28/2023
Recommendation: Adopt a resolution ordering the annexation of the territory designated as Burbank No. 44 which involves the annexation to the City of San José of approximately 0.895-gross acres of land located on the northeast corner of West San Carlos Street and Brooklyn Avenue (APNs:
274-16-050, 052, 053, 069 & 070), and the detachment of the same from the appropriate special districts including County Lighting District, Central Fire Protection District, and Santa Clara County Library District.
CEQA: 1881 West San Carlos Project Environmental Impact Report (Burbank 44/C20-011/ CP20- 020/T20-016). Council District 6. (Planning, Building and Code Enforcement)
RENOTICED TO 3/28/2023
• 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
March 7, 2023City Council Amended Agenda
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.
March 7, 2023City Council Amended Agenda
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 total amount of time allocated for public testimony for each public speaker or for an agenda item is in the discretion of the Chair of the meeting and may be limited when appropriate. (California Government Code Section 54954.3; Council Policy 0-37) 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 only the agenda item when called to speak for that item, and only topics related to City business when called to speak during open forum 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.