AGENDA: 9/18/24
ITEM: C.1
TO: HONORABLE MAYOR AND
CITY COUNCIL
FROM: Councilmember Bien Doan
SUBJECT: SEE BELOW DATE: 09/17/24
APPROVED:
SUBJECT: REQUEST FOR CLARIFICATION FROM ADMINISTRATION ON
PROPER PROCESS FOR MANAGING ACCESS TO VIET HERITAGE
GARDEN
RECOMMENDATION
1. Approve the recommendation
2. Ensure personal information is protected to the best of our ability.
BACKGROUND
The Office of Councilmember Bien Doan recognizes the importance of the first Saturday flag raisings at the Vietnamese Heritage Garden (VHG) and the need to address historical inequities which have occurred at this location. The first Saturday of each month is important to everyone, especially our Vietnamese-American community. Former Councilmember Tam Nguyen began the tradition of a flag raising on the first Saturday of each month during his time served on the San José City Council.
After an inquiry with the Department of Parks, Recreation, and Neighborhood Services (PRNS), it was determined that there were no existing reservations for flag raisings at the Vietnamese Heritage Garden. Our office filled out the Information Only Special Park Use Permit, which is available to the general public and free for flag raisings. Several dates were reserved so that any organization in our community may host a flag raising.
Our goal has been to preserve and encourage the participation of this tradition to all members of the community and diversify number of organizations who wish to host a flag raising. The first Saturday of every month is now available to all, including the United Vietnamese American Community of Northern California (UVACNC), and reservation only requires providing the information PRNS deemed necessary years ago for record keeping and site preparation. This process is in conformity with all other park reservations across the City.
HONORABLE MAYOR AND CITY COUNCIL
September 18, 2024
Subject: Proper Process for Access to VHG
Rev 08/2021
After a discussion with PRNS and to facilitate effective management of the VHG, a City park, it was determined that only city staff from PRNS should have a key to the VHG. Previously, a member of the UVACNC and several associates, had copies of the VHG key. Several community members, including current and past City staff, informed the City that this key was used to manipulate, influence and strike political favor among the Vietnamese American Community. The locks were subsequently changed and now only staff from PRNS have the key.
During our conversations with PRNS, it was discovered that there was no contract of any kind in place between the UVACNC and PRNS which would have provided them with unlimited usage of the VHG for any purpose. In addition, PRNS was lacking documentation, including applications and indemnification waivers from the UVACNC since 2021, which in the event of an accident, could open the City up to liability. Effectively, the UVACNC has bypassed the application and reservation process for the VHG for several years now.
The UVACNC has been encouraged to use the reservation tool to apply for and reserve dates to host flag raisings at the VHG. Since the dates have been opened to the public, 11 different entities have signed up to host their own flag raisings, proving that the process PRNS has in place is encouraging the diverse and equitable usage of this City Park.
Concerns over retaliation and intimidation have arisen within the Vietnamese Community, especially amongst the organizations who have already signed up to host a first Saturday flag raising. Groups like the Vietnamese American Roundtable, Immigrant Resettlement and Cultural Center, Vietnamese Museum, and the Vietnamese Voluntary Foundation have already been harassed, threatened, and/or pressured by groups and individuals due to their support of opening the VHG for all. No person or organization should be forced to operate out of fear and it is our hope that PRNS institutes safeguards to protect personal information from public records requests.