Agenda — San Jose City Council, August 27, 2024

CITY COUNCIL MEETING
Amended Agenda
Tuesday, August 27, 2024
1:30 PM
LOCATION:

Council Chambers - 200 E. Santa Clara Street
Attachments and related materials can be viewed HERE

For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105 Public Comment in Person Only

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

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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
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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
3) https://youtube.com/CityofSanJoseCalifornia
4) By Phone: (888) 475 4499. Webinar ID is 94302037655. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free). 5) Online at: https://sanjoseca.zoom.us/j/94302037655
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How to submit written Public Comment before the City Council Meeting:

By email to [email protected] by 8:00 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

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number of speakers or the length of the agenda. (California Government Code Section 54954.3; Council Policy 0- 37)

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.

• 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

• Pledge of Allegiance

• Invocation (District 7)

Than Phong Silicon Valley Institute – Taekwondo Presentation

• 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 Recognition

This meeting will be adjourned in memory of Carina Orozco, a Parks, Recreation, and Neighborhood Services (PRNS) employee who passed away in May of this year. Carina, whose mantra was “Don’t talk about it, be about it,” spent 18 years with PRNS, where she created lasting impacts on youth programming, community partnerships, and creating positive work and community spaces. She was very proud of a successful state grant she wrote that brought underserved youth and their families from San José to Family Camp to experience nature. Carina was a champion of safe and accessible recreation for all in our parks. San José is a better place because of Carina.

• Closed Session Report

To be heard after Ceremonial Items

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1. CEREMONIAL ITEMS

1.1 Presentation of a commendation to Reverend Cristobel Doña for his decades of service to migrant families in East San José through the White Road Baptist Church. (Ortiz)

1.2 Presentation of a commendation recognizing Parks, Recreation and Neighborhood Services (PRNS) Summer of Fun, in celebration of National Parks and Recreation Month, showcasing PRNS is "Where you Belong" by building strong, vibrant, and resilient communities through the power of parks and recreation and to celebrate their vital role bringing people together, providing essential services, and fostering growth in the City of San José. (Davis)

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.

Recommendation:
(a) Ordinance No. 31111 - An Ordinance of the City of San José Amending Chapter 17.845 (Prohibition of Natural Gas Infrastructure in Newly Constructed Buildings) of Title 17 of the San José Municipal Code to Implement a Moratorium Until Local Control over Natural Gas Infrastructure is Clarified or Authorized.
[Passed for Publication on 8/13/2024 - Item 2.11 (24-196958)] (b) Ordinance No. 31112 - An Ordinance of the City of San José Amending Chapter 3.48 of Title 3 of the San José Municipal Code to Comply with the Coronavirus Aid, Relief, and Economic Security Act (Cares Act) and Setting Every Community up tor Retirement Enhancement Act (Secure Act)
[Passed for Publication on 8/13/2024 - Item 2.13(a) (24-196960)] (c) Ordinance No. 31113 - An Ordinance of the City of San José Amending Chapter 3.49 of Title 3 of the San José Municipal Code to Comply with the Coronavirus Aid, Relief, and Economic Security Act (Cares Act) and Setting Every Community up for Retirement Enhancement Act (Secure Act)
[Passed for Publication on 8/13/2024 - Item 2.13(c) (24-196960)] (d) Ordinance No. 31114 - An Ordinance of the City of San José Amending Chapter 3.50 of Title 3 of the San José Municipal Code to Comply with the Coronavirus Aid, Relief, and Economic Security Act (Cares Act) and Setting Every Community up for Retirement Enhancement Act (Secure Act)
[Passed for Publication on 8/13/2024 - Item 2.13(e) (24-196960)] (e) Ordinance No. 31115 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 22.22 Gross Acres Situated at the Northeasterly Corner of Montague Expressway and Seely Avenue (APNs 097-15-033 & 034 & 097-66-004) from the IP Industrial Park Zoning District to an IP(PD) Planned Development Zoning District [Passed for Publication on 8/13/2024 - Item 10.3(b) (24-196972)]

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2.3 Approval of Council Committee Minutes.

Recommendation:
(a) Regular Joint Meeting for the Rules and Open
Government Committee Minutes of April 5, 2023.
(b) Regular Joint Meeting for the Rules and Open
Government Committee Minutes of April 12, 2023.
(c) Regular Joint Meeting for the Rules and Open
Government Committee Minutes of April 19, 2023.
(d) Regular Joint Meeting for the Rules and Open
Government Committee Minutes of April 26, 2023.
(e) Regular Joint Meeting for the Rules and Open Government Committee Minutes of May 3, 2023.
(f) Regular Joint Meeting for the Rules and Open Government Committee Minutes of May 10, 2023.
(g) Regular Joint Meeting for the Rules and Open Government Committee Minutes of May 17, 2023.
(h) Regular Joint Meeting for the Rules and Open Government Committee Minutes of May 24, 2023.
(i) Regular Joint Meeting for the Rules and Open Government Committee Minutes of May 31, 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.

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 Agreement Between City of San José and Santa Clara Valley Transportation Authority for Airport Bus Service.

Recommendation:

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute the agreement for Airport Bus Service between the City of San José and the Santa Clara Valley Transportation Authority for a term retroactively from July 1, 2024 to June 30, 2031 with first-year compensation to Santa Clara Valley Transportation Authority not to exceed $400,000.

CEQA: Not a Project, File No. PP17-003 Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Airport)

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2.8 Sainte Claire Historic Preservation Foundation v. City of San José, et al. – Settlement of Costs and Attorney’s Fees.

Recommendation:
(a) Approve the settlement of trial costs and trial and appellate attorney’s fees in the case of Sainte Claire Historic Preservation Foundation v. City of San José, City Council of the City of San José and City of San José Department of Parks, Recreation, and Neighborhood Services (Real Parties in Interest: Mortimer & Mimi Levitt Foundation, Levitt Pavilion San José), Superior Court of California, County of Santa Clara Case Number 20CV374459, and Sixth District Court of Appeals case number H050106, in the total amount of $399,950.00, and authorize the City Attorney to execute a Settlement Agreement and Release. (b) Adopt the following 2024-2025 Appropriation Ordinance amendments in the Subdivision Park Trust Fund:
(1) Increase the St. James Park Phase I Design appropriation to the Parks, Recreation and Neighborhood Services Department by $399,950; and
(2) Decrease the St. James Park Phase I Reserve by $399,950.

CEQA: Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Attorney/City Manager)

2.9 Amendment to the Purchase Order with Patterson Veterinary Supply, Inc. for Veterinary Medicine and Supplies.

Recommendation:

Adopt a resolution authorizing the City Manager or her designee to amend purchase order OP 63005 with Patterson Veterinary Supply, Inc. (St. Paul, MN) for veterinary medicine and supplies to extend the term of the purchase order, retroactively from June 30, 2024, through December 31, 2024, and to increase the total compensation by $300,000 for a revised maximum compensation not-to-exceed $1,050,000.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment (Finance)

2.10 Second Amendment to the Agreement with Occupational Health Centers of California, DBA Concentra for Occupational Medical Services to the City.

Recommendation:

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a Second Amendment to the Consultant Agreement with Occupational Health Centers of California, DBA Concentra, amending the scope of the agreement to include an additional drug testing method that screens oral fluid and increasing the total maximum amount of compensation of the not to exceed amount from $3,569,982 to a revised not to exceed amount of $3,724,982.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Human Resources)

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2.11 Property Transfer Agreement Between the City and Oak Grove School District; Property Transfer Agreement Between the City and Alum Rock Union School District; and Removal of Three Neighborhood Center Partnership Program Sites.

Recommendation:

Adopt a resolution authorizing the City Manager or her designee to:
(a) Negotiate and execute a Property Transfer with Oak Grove School District; (b) Negotiate and execute a Property Transfer Agreement with Alum Rock Union School District; and
(c) Remove Edenvale Youth Center, Joseph George Community Center, and Kirk Community Center as Neighborhood Center Partner Program sites.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment and File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. Council Districts 2, 5, and 9. (Parks, Recreation and Neighborhood Services)

2.12 Approval of Disability Awareness Day 2024 Sponsored by Council District 1 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 August 14, 2024:
(a) Approve the Disability Awareness Day 2024 scheduled on October 10, 2024, 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. (Kamei)
[Rules Committee referral 8/14/2024 - Item B.8]

2.13 Retroactive Approval of National Night Out Events and San José Fire Safety Workshop Sponsored by Council District 3 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 21, 2024:
(a) Retroactively approve the National Night Out events at McKinley, Roosevelt, Goodyear-Mastic, and Washington neighborhoods scheduled on August 6, 2024 as City Council sponsored Special Events and approve the expenditure of funds; (b) Retroactively approve the San José Fire Safety Workshop scheduled on June 29, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and (c) 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. (Torres)
[Rules Committee referral 8/21/2024 - Item B.3]

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2.14 Approval of Multiple Special Events Sponsored by Council District 4 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 21, 2024:
(a) Retroactively approve the District 4 National Night Out scheduled on August 6, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (b) Retroactively approve the District 4 Mercado and Bruzzone Parks Grand Opening scheduled on August 24, 2024 as a City Council sponsored Special Event and approve the expenditure of funds;
(c) Approve the District 4 Santos Family Car Show scheduled on August 31, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (d) Approve the District 4 Mid-Autumn Festival scheduled on September 14, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (e) Approve the Filipino American History Month Flag Raising scheduled on October 11, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; (f) Approve the Day on the Bay scheduled on October 13, 2024 as a City Council sponsored Special Event and approve the expenditure of funds; and (g) 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. (Cohen)
[Rules Committee referral 8/21/2024 - Item B.4]

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 Public Member Appointment to the Board of Administration for Police and Fire Department Retirement Plan. – DROPPED

Recommendation:
(a) Interview one applicant for appointment to the Public Member Seat; and (b) Appoint one applicant as a Public Member on the Board of Administration for the Police and Fire Department Retirement Plan to a term ending April 30, 2027. (c) If any vacancy remains, direct the City Clerk to continue recruitment efforts and bring forward additional applicants for consideration within 90 days.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk)

DROPPED

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3.4 Summer Intergovernmental Relations Report.

Recommendation:
(a) Accept the Summer Intergovernmental Relations Report. (b) Reaffirm all City positions summarized in the 2024 Intergovernmental Relations Priority Federal Legislation Log.
(c) Reaffirm all City positions summarized in the 2024 Intergovernmental Relations Priority State Legislation Log.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)

3.5 November 2024 Positions on State Ballot Measures.

Recommendation:

Adopt a resolution taking the following positions on state ballot measures that are qualified for the California general election on November 5, 2024, and authorize the City Manager’s Office of Administration, Policy, and Intergovernmental Relations to issue letters of support or opposition in accordance with City Council direction. (a) Proposition 3: Marriage Equality – SUPPORT
(b) Proposition 4: Climate Bond – SUPPORT
(c) Proposition 5: Local Government Financing Voter Approval – SUPPORT CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)

3.6 Resolution on Federal Recognition for Muwekma Ohlone Tribe.

Recommendation:
(a) Receive information to questions from the August 7, 2024 Rules Committee Meeting; and
(b) Consider the request from the Muwekma Ohlone Tribe to the City Council to adopt a proposed resolution declaring the City's support of federal recognition of the Muwekma Ohlone Tribe.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Ortiz/Davis/Cohen/Candelas/Doan) [Rules and Open Government Committee referral 8/7/2024 – C.2]

4. PUBLIC SAFETY

5. TRANSPORTATION & AVIATION SERVICES

6. ENVIRONMENTAL & UTILITY SERVICES

7. NEIGHBORHOOD SERVICES

8. COMMUNITY & ECONOMIC DEVELOPMENT

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8.1 Declaration of Exempt Surplus Land and Subsequent Sale of City-Owned Property Located at 1072 - 1082 Vermont Street and 6066 Monterey Highway to the County of Santa Clara. – DROPPED

Recommendation:

Adopt a resolution:
(a) Declaring the City-owned property located at 1072-1082 Vermont Street, San José 95126, two parcels of land consisting of approximately .33 total acres, with two multi- family residences with a combined total building area of 5,217 square feet, further identified as Assessor’s Parcel Numbers 230-42-077, and 230-42-078, as “exempt surplus land” pursuant to California Government Code §54221(f)(1)(D) and in accordance with San José Municipal Code §4.20.080(B)(2) as a transfer of surplus property to another local, state, or federal agency for that agency’s use;
(b) Declaring the City-owned property located at 6066 Monterey Highway, San José 95138, consisting of approximately 2.37 total acres, currently operating as the Monterey & Bernal Emergency Interim Housing Shelter, further identified as Assessor’s Parcel Number 678-03-036, as “exempt surplus land” pursuant to California Government Code §54221(f)(1)(D) and in accordance with San José Municipal Code §4.20.080(B)(2) as a transfer of surplus property to another local, state, or federal agency for that agency’s use; and
(c) Authorizing the City Manager, or her designee, to negotiate and execute:
(1) A Purchase and Sale Agreement with the County of Santa Clara for the sale of the properties located at 1072-1082 Vermont Street, San José 95126, further identified as Assessor’s Parcel Numbers 230-42-077 and 230-42-078, and 6066 Monterey Highway, San José 95138, further identified as Assessor’s Parcel Number 678-03-036, for a total sales price of $8,000,000; and
(2) All other necessary documents to complete the property transfer to the County of Santa Clara.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council Districts 2 and 6. (Economic Development and Cultural Affairs/Housing)

DROPPED

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.

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10.1 Land Use on Consent Calendar

(a) PDC24-036, PD23-013 & ER23-141 – Planned Development Zoning District and Planned Development Permit for Certain Real Property Located at 2919 South King Road. - TO BE HEARD IMMEDIATELY AFTER CONSENT

Recommendation:
(1) Approve an ordinance rezoning certain real property of an approximately 9.8-gross-acre site situated on the westerly side of South King Road, approximately 250 feet south of the intersection of South King Road and Barberry Lane (2919 South King Road) from an LI(PD) Planned Development Zoning District to a LI(PD) Planned Development Zoning District.
(2) Adopt a resolution approving, subject to conditions, a Planned Development Permit to allow the construction of a 55-foot-high monopole telecommunication tower with 15 wireless communication antennas and associated ground equipment on an approximately

4.93-gross-acre site located on the westerly side of South King Road, approximately 250 feet southerly of the intersection of South King Road and Barberry Lane (2919 South King Road).

CEQA: Exempt pursuant to CEQA Guidelines Section 15303 for New Construction of Small Structures. File No. ER23-141. Planning Commission recommends approval (7-1-1, Barocio opposes; Bickford absent). (Item 4.d. on the 8/14/2024 Planning Commission agenda.) Council District 7. (Planning, Building, and Code Enforcement)

TO BE HEARD IMMEDIATELY AFTER CONSENT

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. Members of the public may only speak at Open Forum once.

• Adjournment

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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 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].

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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.

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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 August 27, 2024

City of San Jose Page 15 Printed on August 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.

San Jose City CouncilAugust 27, 2024

San Jose City Council
August 27, 2024