CITY COUNCIL MEETING
Amended Agenda
Tuesday, January 23, 2024
1:30 PM
LOCATION:
In person - Council Chambers-200 E Santa Clara Street, and Virtually - https://sanjoseca.zoom.us/j/94558095100
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)
MATT MAHAN, MAYOR
ROSEMARY KAMEI, VICE MAYOR, 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
City Council Amended Agenda January 23, 2024
City of San Jose Page 2 Printed on January 23, 2024
Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.
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. • Adaptaciones para discapacitados serán proporcionadas a pedido. Mande correo electrónico [email protected]; Llame (408) 535-8430
• Nhu cầu cho người khuyết tật được cung cấp theo yêu cầu. Email [email protected]; Gọi (408) 535-8430 應要求提供殘疾人便利設施. 電子郵件 [email protected]; 致電 (408) 535-8430
THE LEVINE ACT
The Levine Act requires a Party in a Proceeding before the City of San José that involves any action related to their contract, license, permit, or use entitlement to disclose any campaign contributions to City elected or appointed officials totaling more than $250 within the 12 months prior to the City decision. A Participant to a Proceeding may voluntarily report a campaign contribution. Please visit https://sanjoseca.gov/your-government/appointees/city-clerk/levine-act for updated forms and information.
How to observe the Meeting (no public comment):
1) Cable Channel 26,
2) https://sanjoseca.gov/news-stories/watch-a-meeting, or 3) https://youtube.com/CityofSanJoseCalifornia
How to submit written Public Comment before the City Council Meeting:
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 provide spoken Public Comment during the City Council Meeting:
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. 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.
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)
1) By Phone: (888) 475 4499. Webinar ID is 94558095100. 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)
City Council Amended Agenda January 23, 2024
City of San Jose Page 3 Printed on January 23, 2024
2) Online at: https://sanjoseca.zoom.us/j/94558095100. 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.
a. 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.
b. 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.
c. When called, please limit your remarks to the time limit allotted.
3)
In person: Fill out a Yellow Speaker’s Card and submit it to boxes at the bottom of the Chambers. 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. You may remain anonymous, but please fill out a card so we may call you. You can put “anonymous speaker” or “no name” on the card. 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. 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 note: As a courtesy and technology permitting, members of the public may continue to provide live remote oral public comment via the City’s Zoom Platform. However, the City cannot guarantee that the public’s access to teleconferencing technology will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue
• 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
1:30 p.m. - Regular Session, Council Chambers, City Hall 1:30 p.m. - Study Session: Fees and Charges Program and the Preliminary General Fund Forecast, Council Chambers, City Hall
*To be heard immediately following the Regular City Council Meeting. See Separate Agenda.
6:00 p.m. - Evening Session, Council Chambers, City Hall *Will not begin until 6 p.m. or until after all afternoon items are heard, whichever is later.
Pursuant to AB2449, Councilmember Jimenez provided notice he will participate in the City Council meeting using video/teleconference under the just cause exemption of contagious illness or disability. This is his first of two allowed just cause exemptions.
• Pledge of Allegiance
• Invocation (District 1)
City Council Amended Agenda January 23, 2024
City of San Jose Page 4 Printed on January 23, 2024
President Latanya Hilton and students, Archbishop Mitty High School
• 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.
• Adjournment
This meeting will be adjourned in honor and memory of Carolyn Ellzey, a devoted member of the Iola Williams Senior Program for 22 years. Carolyn's impactful roles on the Executive Advisory Board and her selfless dedication to community service, including providing donated coffee and turkeys for Thanksgiving, are testaments to her outstanding character.
• Closed Session Report
To be heard after Ceremonial Items
1. CEREMONIAL ITEMS
1.1 Presentation of a proclamation identifying January 27, 2024 as International Holocaust Remembrance Day to honor the anniversary of the liberation of Auschwitz-Birkenau where countless Jews and other minorities lost their lives. (Cohen)
1.2 Presentation of a commendation to the Planning, Building and Code Enforcement Department for celebrating the development of projects that allow building designers and San José residents to self- start building permits to enable faster permitting issuance in the City of San José. (Batra)
1.3 Presentation of a commendation to the Khmers Kampuchea-Krom Federation Chapter in San José for their dedicated efforts in preserving cultural heritage, acknowledging their enduring spirit, unwavering commitment to cultural preservation, and the positive impact they've made on the local community. (Doan)
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.
City Council Amended Agenda January 23, 2024
City of San Jose Page 5 Printed on January 23, 2024
Recommendation:
(a) Ordinance No. 31002 - An Ordinance of the City of San José to Add Section 6.88.385 to Chapter 6.88 of Title 6 of the San José Municipal Code to Authorize Payment Plans, and Make Other Technical, Non-Substantive or Formatting Changes. [Passed for Publication on 1/9/2024 - Item 4.1 (24-67010)]
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.
2.7 Naming of Two Downtown Park Sites: Bassett and North San Pedro.
Recommendation:
Adopt the official names for two park sites based on the following options:
(a) “City Gardens Park,” for the Bassett site, as recommended by staff and the Parks and Recreation Commission and as a result of a public outreach process; and (b) “Elizabeth P. Boyer Park,” for the North San Pedro site, as recommended by staff and the Parks and Recreation Commission and as a result of a public outreach process.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making results in no changes to the physical environment. Council District 3. (Parks, Recreation and Neighborhood Services)
2.8 Willow Glen Community Benefit Improvement District Financial Report Fiscal Year 2022-2023.
Recommendation:
Accept the Willow Glen Community Benefit and Improvement District Financial Report for Fiscal Year 2022-2023, which provides information to the public and the property owners in the district regarding the use of the assessments and the management and operations of the district.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. Council District 6. (Public Works)
2.9 Retroactive Approval of a Gift Drive for Residents of Emergency Interim Housing at Evans Lane Sponsored by Council District 6 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 January 17, 2024:
City Council Amended Agenda January 23, 2024
City of San Jose Page 6 Printed on January 23, 2024
(a) Retroactively approve the Gift Drive for residents of Emergency Interim Housing at Evans Lane that was held from December 1 through December 13, 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)
[Rules Committee referral 1/17/2024 - Item B.7]
2.10 California Natural Resources Agency Grant for the Lake Cunningham Water Quality and Shoreline Improvement Project.
Recommendation:
Adopt a resolution authorizing the City Manager or her designee to submit a grant application and, if awarded, negotiate, and execute a grant agreement with the California Natural Resources Agency for an amount not to exceed $1,500,000 contributing to the Lake Cunningham Water Quality and Shoreline Improvement Project, and all other actions necessary to effectuate the grant.
CEQA: Categorically Exempt, File No. ER23-039. CEQA Guidelines Section 15301, Existing Facilities and Section 15302, Replacement or Reconstruction. (Parks, Recreation, and Neighborhood Services)
[Rules Committee referral 1/17/2024 - Item A.1.a]
2.11 Rapid Response Efforts to Support Asylum Seeking Families.
Recommendation:
(a) Approve the one-time allocation of $150,000 to provide funding to Amigos de Guadalupe: Center for Justice and Empowerment for temporary emergency sheltering and support of new arrival migrant families seeking asylum and who entered the United States after the end of Title 42, and matching the $150,000 anticipated to be contributed by the County of Santa Clara.
(b) Adopt the following Fiscal Year 2023-2024 Appropriation Ordinance Amendments in the General Fund:
(1) Decrease the City Manager Special Projects City-Wide Expenses appropriation to the City Manager’s Office by $25,000; and
(2) Increase the Non-Personal/Equipment appropriation to the City Manager’s Office by $25,000.
(c) Direct the City Manager or her designee to monitor and remain engaged in collaborating with immigrant-serving organizations, philanthropic organizations and individuals, and local and state governments to identify strategies to extend support for asylum seeking migrant families beyond January 31, 2024.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (City Manager) [Rules Committee referral 1/17/2024 - Item A.1.a]
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
City Council Amended Agenda January 23, 2024
City of San Jose Page 7 Printed on January 23, 2024
3.2 Labor Negotiations Update.
Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M.
3.3 Annual Report on City Services 2022-2023.
Recommendation:
Accept the Annual Report on City Services 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 Auditor)
3.4 Amendment to Title 24 of the San José Municipal Code for a Proposed Responsible Construction Ordinance.
Recommendation:
Direct the City Manager to return to City Council with a Responsible Construction Ordinance that modifies the proposed ordinance, posted for the December 12, 2023 City Council meeting, that reflects the following modifications:
(a) Limit the basis for violation to an unpaid wage theft judgment to employees and contractors who are working on the San José permitted project that is the subject of the certificate of occupancy.
(b) Limit the unpaid final wage theft judgements to final judgments that can be confirmed by the contractor through the California Labor Commissioner’s portal. (c) Exempt from the regulation projects that are subject to prevailing wage under state law, and projects that are under 10,000 sq. ft.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Public Works) [Continued from 12/12/2023 – Item 3.7 (23-1695)]
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
6.1 Reach Code Ordinance Update for Electric Vehicle Infrastructure in New Multifamily Developments. – DEFERRED
Recommendation:
Approve an ordinance of the City of San José making certain findings related to local modifications to State Codes based upon local, geographical, topographical, and climatic conditions and amending Parts 1 and 2 of Chapter 24.10 of Title 24 (Technical Codes) of the San José Municipal Code to amend requirements related to electric vehicle charging stations in new multifamily developments, to be effective on July 1, 2024.
CEQA: Categorically Exempt under Section 15308 of the CEQA Guidelines, Actions by Regulatory Agencies for Protection of the Environment, File No. ER24-006. (Environmental Services/Planning, Building, and Code Enforcement)
City Council Amended Agenda January 23, 2024
City of San Jose Page 8 Printed on January 23, 2024
DEFERRED TO 1/30/2024 PER ADMINISTRATION
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
8.1 Establishment of a Pedestrian Mall on North San Pedro Street. – TO BE HEARD
IMMEDIATELY AFTER CONSENT
Recommendation:
(a) Conduct a public hearing to establish a pedestrian mall on North San Pedro Street between West Santa Clara Street and West St. John Street pursuant to the Pedestrian Mall Law of 1960.
(b) Adopt a resolution determining that the pedestrian mall shall be established. (c) Approve an ordinance establishing a pedestrian mall on North San Pedro Street between West Santa Clara Street and West St. John Street pursuant to the Pedestrian Mall Law of 1960.
CEQA: Categorically Exempt, CEQA Guidelines Section 15301(c) Existing Facilities, 15304 (e) (f) Minor Alterations to Land, File No. ER23-200. Council District 3. (Economic Development and Cultural Affairs)
TO BE HEARD IMMEDIATELY AFTER CONSENT
9. REDEVELOPMENT – SUCCESSOR AGENCY
CONVENE THE JOINT CITY COUNCIL/SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE
9.1 Agreement with Macias, Gini & O’Connell LLP for Annual Financial and Compliance Audits. – DEFERRED
Recommendation:
(a) City Council approve an agreement with Macias, Gini & O’Connell LLP to perform annual financial and compliance audit services for fiscal years ending June 30, 2024, 2025, 2026, 2027, and 2028 with three one-year extension options for fiscal years ended June 30, 2029, 2030, and 2031, with annual compensation not to exceed $895,653 in year one and with annual adjustments of 3% in years two through eight, for a total amount not to exceed $7,964,448 for a potential eight year term subject to annual appropriation of funds by the City Council.
(b) Board of the Successor Agency to the Redevelopment Agency approve an agreement with Macias, Gini & O’Connell LLP to perform annual financial and compliance audit services for fiscal years ending June 30, 2024, 2025, 2026, 2027, and 2028 with three one- year extension options for fiscal years ended June 30, 2029, 2030, and 2031, with annual compensation not to exceed $65,432 in year one and with annual adjustments of 3 percent in years two through eight, for a total amount not to exceed $581,843 for a potential eight year term subject to annual appropriation of funds by the Board of the Successor Agency.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Auditor) DEFERRED TO 2/6/2024 PER ADMINISTRATION
City Council Amended Agenda January 23, 2024
City of San Jose Page 9 Printed on January 23, 2024
ADJOURN THE JOINT CITY COUNCIL/SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN JOSE
• Study Session (Fees and Charges Program and the Preliminary General Fund Forecast) Begins.
• Council will recess until 6:00 p.m.
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
10. Land Use - Regular Agenda
10.2 Urgency Ordinance Amending the Zoning District Map to Apply the Housing Element Residential Overlay Zoning District.
Recommendation:
Adopt an Urgency Ordinance:
(a) Repealing the application of the Affordable Housing Overlay on six sites in North San José from the Envision San José 2040 General Plan Land Use/Transportation Diagram and Zoning District Map;
(b) Amending the Zoning District Map to apply the Housing Element Residential Overlay on 12 sites citywide; and
(c) Requiring the six sites in North San José to allow residential use by right and to only allow residential uses on those sites where at least 20 percent of the units are affordable to lower income households.
PLEASE NOTE: APPROVAL OF THIS URGENCY ORDINANCE REQUIRES 8 OR MORE AFFIRMATIVE VOTES. City Charter Section 605(d).
CEQA: Determination of Consistency with the City of San José 2023-2031 Housing Element Update Supplemental Environmental Impact Report (Resolution No. RES2023- 262) and Addenda thereto. (Planning, Building and Code Enforcement)
10.3 McKee 139 & PDC22-006 - Annexation and Prezoning for Certain Real Property Located at 125 Kirk Avenue.
Recommendation:
(a) Adopt a resolution adopting the Initial Study/Mitigated Negative Declaration for the 125 Kirk Avenue Subdivision Project (McKee 139/PDC22-006/ PD22-013/T21-045) and a related Mitigation Monitoring and Reporting Program, per the California Environmental Quality Act.
City Council Amended Agenda January 23, 2024
City of San Jose Page 10 Printed on January 23, 2024
(b) Approve an ordinance prezoning an approximately 1.49-gross-acre site in County of Santa Clara unincorporated territory designated as McKee No. 139 to the R-1(PD) Planned Development Zoning District.
(c) Adopt a resolution initiating reorganization proceedings and scheduling February 27, 2024, for City Council consideration of the reorganization of territory designated as McKee No. 139, which involves the annexation into the City of San José of approximately 1.49 gross acres of land from County of Santa Clara unincorporated territory and the detachment of the same from the appropriate special districts.
CEQA: Initial Study/Mitigated Negative Declaration (IS/MND) for 125 Kirk Avenue Subdivision Project (McKee 139/PDC22-006/ PD22-013/T21-045). Planning Commission recommends approval (8-0-3, Ornelas-Wise, Barocio, and Garcia absent) (Item 5.b on the 12/13/2023 Planning Commission agenda). Council District 5. (Planning, Building and Code Enforcement)
10.4 CP22-024 & ER22-187 - Administrative Hearing on the Appeal of the Planning Commission’s Approval of a Conditional Use Permit for Certain Real Property Located at 1484 South White Road.
Recommendation:
(a) Conduct an Administrative Hearing to consider the appeal of the Planning Commission’s approval of a Conditional Use Permit to allow the off-sale of alcohol (Type 21 – full range of alcoholic beverages) at an existing approximately 1,537-square-foot tenant space (Fast Mart) on an approximately 0.43-gross-acre site, located on the eastern side of South White Road, approximately 500 feet southeast of South White Road and Mount Vista Drive (1484 South White Road).
(b) Adopt a resolution denying the permit appeal and approving, subject to conditions, a Conditional Use Permit to allow the off-sale of alcohol (Type 21 – full range of alcoholic beverages) at an existing approximately 1,537-square-foot tenant space (Fast Mart) on an approximately 0.43-gross-acre site, located on the eastern side of South White Road, approximately 500 feet southeast of South White Road and Mount Vista Drive (1484 South White Road).
CEQA: Exempt pursuant to CEQA Guidelines Section 15301(a) for Existing Facilities.
Council District: 5. (Planning, Building and Code Enforcement) [Deferred from 1/9/2024 – Item 10.2 (24-67015)]
• Open Forum
Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council.
• Adjournment
This meeting will be adjourned in honor and memory of Carolyn Ellzey, a devoted member of the Iola Williams Senior Program for 22 years. Carolyn's impactful roles on the Executive Advisory Board and her selfless dedication to community service, including providing donated coffee and turkeys for Thanksgiving, are testaments to her outstanding character.
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
City Council Amended Agenda January 23, 2024
City of San Jose Page 11 Printed on January 23, 2024
the legislative body will be available for public inspection online at https://sanjoseca.primegov.com/public/portal?fromiframe=1 or 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].
City Council Amended Agenda January 23, 2024
City of San Jose Page 12 Printed on January 23, 2024
ABOUT THE AGENDA
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.
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://sanjoseca.primegov.com/public/portal?fromiframe=1. Council Meetings are televised live and rebroadcast on Channel 26.
City Council Amended Agenda January 23, 2024
City of San Jose Page 13 Printed on January 23, 2024
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.
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.
City Council Amended Agenda January 23, 2024
City of San Jose Page 14 Printed on January 23, 2024
(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.