City Council Meeting
Amended Agenda
Tuesday, August 22, 2023
1:30 PM
Hybrid Meeting - Council Chambers and Virtually -
https://sanjoseca.zoom.us/j/88471470054
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.
August 22, 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 884 7147 0054. 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/88471470054
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.
August 22, 2023City Council Amended Agenda
Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.” Click the language you would like to hear. (Zoom only)
Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). (Zoom solo)
Thông dịch có sẵn bằng tiếng Tây Ban Nha và tiếng Việt. Trong các điều khiển hội thảo trên web của bạn, hãy chọn “Interpretation” (Phiên dịch). (Zoom chỉ một)
• Call to Order and Roll Call
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
23-1074 Closed Session Agenda
Closed Session AgendaAttachments
1:30 p.m.- Regular Session, Council Chambers, City Hall 6:00 p.m.- Evening Session, Council Chambers, City Hall – Cancelled *The previously scheduled Evening Session has been cancelled. • Pledge of Allegiance
• Invocation (District 7)
Venerable Thich Phap Hanh - the An Ton Thien Duong (Peaceful Mind Meditation Center) • 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
August 22, 2023City Council Amended Agenda
1.1 Presentation of a proclamation declaring Silicon Valley Pride Week, August 21-27, 2023 to recognize the City of San José’s vibrant and diverse LGBTQ+ community. (Foley, Davis and Torres)
1.2 Presentation of a commendation recognizing the partnerships developed with Silicon Valley Career Technical Education (SVCTE) to prepare Santa Clara County’s youth for the career pathways of tomorrow. (Batra and Foley)
1.3 Presentation of a commendation to Taqueria Lorena’s for being a culturally diverse and comfortable community staple and inclusive space in San José for over 30 years while also providing low‑income neighbors and unhoused residents free meals. (Torres)
2. CONSENT CALENDAR
Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council 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.
August 22, 2023City Council Amended Agenda
23-1110 Final Adoption of Ordinances.
Recommendation: (a) Ordinance No. 30936 - An Ordinance of the City of San José Prezoning Certain Real Property Situated on the North Side of Moorpark Avenue Approximately 130 Feet Westerly of Central Way (2323-2391 Moorpark Avenue) (APNS: 282-01-014, 015, 016, 022, 023, 024 & 025) from Unincorporated Territory within the County of Santa Clara to the MUN Mixed-Use Neighborhood Zoning District. [Passed for Publication on 8/8/2023 - Item 10.1 (c)(2)(23-1000)] (b) Ordinance No. 30937 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 1.76 Gross Acres Situated on the West Side of Monterey Road, 150 Feet Southeasterly of the Intersection of Monterey Road and San José Avenue (1669 Monterey Road) (APNS 456-02-019 & 456-02-020) from the HI Heavy Industrial Zoning District to the HI(PD) Planned Development Zoning District.
[Passed for Publication on 8/8/2023 - Item 10.1 (d)(2)(23-1001)] (c) Ordinance No. 30938 -An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 10.90 Gross Acres Situated at the Southwest Corner of West Trimble Road and Orchard Parkway (350 West Trimble Road) (APN 101-02-018) from the IP(PD) Planned Development Zoning District (File No. PDC17-026) to an IP(PD) Planned Development Zoning District.
[Passed for Publication on 8/8/2023 - Item 10.1 (e)(2)(23-1002)] (d) Ordinance No. 30939 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 0.443 Gross Acre Situated on the Northeast Side of Elm Street, Approximately 105 Feet Northwesterly of McKendree Drive (972 Elm Street) (APN:
230-41-025) from the A(PD) Planned Development Zoning District to MUN(PD) Planned Development Zoning District.
[Passed for Publication on 8/8/2023 - Item 10.1 (f)(2)(23-1058)]
2.3 Approval of Council Committee Minutes.
2.4 Mayor and Council Excused Absence Requests.
2.5 City Council Travel Reports.
2.6 Report from the Council Liaison to the Retirement Boards.
August 22, 2023City Council Amended Agenda
2.7 23-1075 Biennial Peer Review of the City Auditor’s Office.
Recommendation: Approve an Agreement with the Association of Local Government Auditors (ALGA) to perform an audit of the City Auditor's Office for Fiscal Year 2021-22 and FY 2022-23, pursuant to the peer review guidelines of ALGA, in exchange for reimbursement of expenses for the audit team and the provision of reciprocal audit services by the City Auditor's Office.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Auditor)
Memorandum
Agreement
Attachments
2.8 23-1076 Ordinance Amending the Police and Fire Department Retirement Plan to Extend the Deadline for a Retired Member to File an Election Naming a New Spouse or Domestic Partner as Beneficiary.
Recommendation: Approve an ordinance amending Section 3.361468 of Chapter 3.36 of Title 3 of the San José Municipal Code to extend the deadline for a retired member to submit post-retirement optional settlement election paperwork naming a new spouse or domestic partner as a beneficiary from 30 days to 90 days after the date of marriage or the establishment of domestic partnership in the Police and Fire Department Retirement Plan.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (City Manager)
Memorandum
Ordinance
Attachments
August 22, 2023City Council Amended Agenda
2.9 23-1077 Approval of “Free Use” of City Hall Rotunda for the 2023 CODAsummit: Art, Technology and Place Opening Night Reception.
Recommendation: Adopt a resolution authorizing “Free Use” for the private, ticketed 2023 CODAsummit: Art, Technology, and Place Opening Night Reception to be held at the City Hall Rotunda on Wednesday, October 4, 2023, co-hosted by the Office of Economic Development and Cultural Affairs and CODAworx.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. Council District 3. (Economic Development and Cultural Affairs)
Memorandum
Resolution
Attachments
2.10 23-1078 Amendments to the Urban Village Master Agreements for Consultant Services.
Recommendation: Adopt a resolution authorizing the City Manager or designee to negotiate and execute amendments to Urban Village master agreements to extend services for up to two additional one-year option terms through November 30, 2025 under the same material terms and conditions as the original agreement with aggregate maximum compensation not to exceed $9,000,000, 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. (Planning, Building and Code Enforcement)
MemorandumAttachments
August 22, 2023City Council Amended Agenda
2.11 23-1079 Acceptance of the Board of State and Community Corrections Officer Wellness and Mental Health Grant Award.
Recommendation: (a) Adopt a resolution accepting the Board of State and Community Corrections Officer Wellness and Mental Health Grant in the amount of $758,952; and authorizing the City Manager or designee to negotiate and execute any grant agreements, 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 2023-2024 Appropriation Ordinance and Funding Sources Resolution Amendments in the General Fund:
(1) Establish the 2023-2024 Board of State and Community Corrections Officer Wellness and Mental Health City-Wide Expenses appropriation to the Police Department in the amount of $758,952; and (2) Increase the estimate for revenue from State of California by $758,952.
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. (Police/City Manager)
Memorandum
Resolution
Attachments
2.12 23-1080 Agreement with Law Enforcement Psychological Services, Inc. for the Provision of Psychological Services for the San José Police Department.
Recommendation: Adopt a resolution authorizing the City Manager or designee to execute:
(a) An agreement between the City of San José and Law Enforcement Psychological Services, Inc. for psychological services for the San José Police Department, in an amount not to exceed $149,552 for the period of July 1, 2023, to June 30, 2024; and
(b) Four additional annual renewal options with the total amount of compensation for the entire contract not to exceed $747,760, 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. (Police)
Memorandum
Agreement
Attachments
August 22, 2023City Council Amended Agenda
2.13 23-1081 Cooperative Agreement with the Santa Clara Valley Transportation Authority for the I-880/Montague Expressway Interchange and McCarthy/O’Toole Intersection Improvement Projects.
Recommendation: Adopt a resolution authorizing the City Manager or designee to negotiate and execute the cooperative agreement between the City of San José and the Santa Clara Valley Transportation Authority for the I-880/Montague Expressway Interchange and McCarthy/O'Toole Intersection Improvement Projects in the amount not to exceed $2,000,000 with a term from the date of full execution to June 30, 2025.
CEQA: Statutory Exemption, File No. PP17-001, Feasibility and Planning Studies with no commitment to future actions. Council District
4. (Transportation)
MemorandumAttachments
2.14 23-1144 Approval to Expend City Funds for the Silicon Valley Pride Parade and Festival.
Recommendation: As recommended by the Rules and Open Government Committee on August 16, 2023, approve the expenditure of funds for the Silicon Valley Pride Parade and Festival, scheduled for August 26-27, 2023.
CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 8/16/2023 - Item B.3]
MemorandumAttachments
August 22, 2023City Council Amended Agenda
2.15 23-1140 Retroactive Approval of Multiple Special Events Sponsored by Council District 6 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 August 16, 2023:
(a) Retroactively approve the Movie Nights and Jazz Concerts at Arena Green Park, the Municipal Rose Garden, and Rosemary Gardens Park scheduled on July 8, July 15, August 5, and August 12, 2023 as City Council sponsored Special Events and approve the expenditure of funds; and
(b) 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. (Davis) [Rules Committee referral 8/16/2023 - Item B.2]
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.
3.3 23-1082 Amendment to the Agreement with Transdev Services, Inc. for Airport Shuttle Bus Services.
Recommendation: Adopt a resolution authorizing the City Manager or designee to negotiate and execute the Third Amendment to the Restated Agreement for Airport Shuttle Bus Services at the San José Mineta International Airport with Transdev Services, Inc. (Lombard, IL) to extend services for up to two additional one-year option terms for a total of eight options through August 31, 2025 under the same material terms and conditions as the original restated agreement, 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)
MemorandumAttachments
August 22, 2023City Council Amended Agenda
3.4 23-1083 Actions Related to the Purchase Orders with Brightview Tree Care Services, Inc. DBA Commercial Tree Care for Structural Tree Pruning and Managed Care Services.
Recommendation: Adopt a resolution authorizing the City Manager or designee to negotiate and execute purchase orders with Brightview Tree Care Services, Inc. dba Commercial Tree Care (San José, CA) to extend services for up to two additional one-year option terms for a total of nine options through August 28, 2025, subject to the appropriation of funds.
CEQA: Categorically exempt, File No. ER23-151, CEQA Guidelines Section 15301, Existing Facilities. (Finance)
MemorandumAttachments
3.5 23-1084 Report on Bids and Award of Contract for the 10030 - 45 N. Market Street, 95 N. Third Street, and Fourth Street/San Fernando Street Garage Elevators Upgrade Project.
Recommendation: (a) Report on bids and award of a contract for the construction of 10030 - 45 N. Market Street, 95 N. Third Street, and Fourth Street/San Fernando Street Garage Elevators Upgrade Project to the lowest responsive, responsible bidder, W.E. Lyons Construction Co., in the amount of $4,499,092.
(b) Approve a 15% construction contingency in the amount of $674,864.
CEQA: Categorically Exempt, File No. ER23-152. CEQA Guidelines Section 15301, Existing Facilities. Council District 3. (Public Works/Transportation)
MemorandumAttachments
4. PUBLIC SAFETY SERVICES
August 22, 2023City Council Amended Agenda
4.1 23-1089 Police Department Reform and Operational Improvement Recommendations Status Report.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support on May 18, 2023, accept the status report on the recommendations for reform and operational improvement being tracked by the Police Department.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Police)
[Public Safety, Finance and Strategic Support referral 5/18/2023 - Item (d)3]
Memorandum
Attachment
Supplemental Memorandum, 8/16/2023
Presentation - est. 15 minutes
Letters from the Public
Attachments
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
August 22, 2023City Council Amended Agenda
8.1 23-1095 Housing Catalyst Team Work Plan Status Report.
Recommendation: As recommended by the Community and Economic Development Committee on June 26, 2023, accept the status report on the work to initiate the Housing Catalyst Team Work 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. (Planning, Building and Code
Enforcement/Housing/Economic Development and Cultural Affairs) [Community and Economic Development Committee referral 6/26/2023 - Item (d)3]
Memorandum
Attachment
Supplemental Memorandum, 8/18/2023
Presentation - est. 5 minutes
Attachments
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
August 22, 2023City Council Amended Agenda
(a) 23-1096 Moorpark No. 24 - Ordering the Annexation of Santa Clara County Territory Located at 2323-2391 Moorpark Avenue.
Recommendation: Adopt a resolution ordering the annexation of the territory designated as Moorpark No. 24, which involves the annexation to the City of San José of approximately 2.01-gross-acres of land generally located on the north side of Moorpark Avenue, approximately 130 feet west of Central Way (2323-2391 Moorpark Avenue) (APN: 282-01-014, 015, 016, 022, 023, 024 & 025), and the detachment of the same from the appropriate special districts.
CEQA: Moorpark Avenue Multi-family Residential Project Initial Study/Mitigated Negative Declaration (Resolution No. RES2023-273).
Council District 6. (Planning, Building and Code Enforcement) Memorandum
Resolution
Attachments
END OF CONSENT CALENDAR
10 Land Use - Regular Agenda
• 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
August 22, 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.
August 22, 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.