City Council Meeting
Amended Agenda
Tuesday, November 5, 2024
1:30 PM
Council Chambers
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
November 5, 2024City Council Amended Agenda
Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting.
Public Comment in Person Only
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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.
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 943 0203 7655. 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
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.
November 5, 2024City Council Amended Agenda
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 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
24-2150 Closed Session Agenda
Closed Session AgendaAttachments
1:30 p.m.- Regular Session, Council Chambers, City Hall
November 5, 2024City Council Amended Agenda
• Pledge of Allegiance
• Invocation (District 10)
Pastor Mario Cañas, Victory Outreach San José
• 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
• Closed Session Report
To be heard after Ceremonial Items
1. CEREMONIAL ITEMS
1.1 Presentation of a proclamation declaring November 17, 2024 as World Day of Remembrance in the City of San José to commemorate the victims of traffic violence and their families. (Foley & Doan)
1.2 Presentation of a proclamation declaring November 2024 as National Adoption Month in the City of San José to raise awareness of adoption issues, highlight the need for adoptive families for teens and youth in the foster care system, and emphasize the importance of youth engagement. (Davis)
1.3 Presentation of a proclamation declaring November 2024 as International Democracy Month to celebrate the legacy and work of San José activists for free and fair elections around the world. (Ortiz)
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.
November 5, 2024City Council Amended Agenda
24-2162 Final Adoption of Ordinances.
Recommendation: (a) Ordinance No. 31134 - An Ordinance of the City of San José Rezoning Certain Real Property of Approximately 2.59 Gross Acres Situated on the South Side of Ambum Avenue, Approximately 250 Feet Westerly from Mitton Drive (3464 Ambum Avenue) (APN 654-55-015) from the R-1-5 Single-Family Residence Zoning District to the R-1-5(PD) Planned Development Zoning District.
[Passed for Publication on 10/22/2024 - Item 10.3 (24-2113)]
2.3 Approval of Council Committee Minutes.
24-2186 Approval of Council Committee Minutes.
Recommendation: (a) Regular Transportation and Environment Committee Minutes of October 2, 2023.
(b) Regular Joint Meeting for the Rules and Open Government Committee Minutes of October 4, 2023.
(c) Regular Joint Meeting for the Rules and Open Government Committee Minutes of October 11, 2023.
(d) Regular Joint Meeting for the Rules and Open Government Committee Minutes of October 18, 2023.
(e) Regular Neighborhood Services and Education Committee Minutes of October 12, 2023.
(f) Regular Public Safety, Finance and Strategic Support Committee Minutes of October 19, 2023.
(g) Regular Community and Economic Development Committee Minutes of October 23, 2023.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.
(a) 10-02-2023 T&E Minutes
(b) 10-04-2023 ROGC Minutes
(c) 10-11-2023 ROGC Minutes
(d) 10-18-2023 ROGC Minutes
(e) 10-12-2023 NSE Minutes
(f) 10-19-2023 PSFSS Minutes
(g) 10-23-2023 CED Minutes
Attachments
2.4 Mayor and Council Excused Absence Requests.
November 5, 2024City Council Amended Agenda
2.5 City Council Travel Reports.
2.6 Report from the Council Liaison to the Retirement Boards.
November 5, 2024City Council Amended Agenda
2.7 24-2152 Adoption of an Ordinance Ratifying Final Expenditures in Various Appropriations for 2023-2024 and Adoption of the Associated Appropriation Ordinance and Funding Sources Resolution Amendments in 2023-2024.
November 5, 2024City Council Amended Agenda
Recommendation: (a) Adopt an ordinance ratifying final 2023-2024 expenditures in various appropriations as detailed in the report.
(b) Adopt the following 2023-2024 Appropriation Ordinance amendments in the Home Investment Partnership Program Fund:
(1) Increase the Housing Loans and Grants appropriation to the Housing Department by $5,625,000; and
(2) Decrease the Ending Fund Balance by $5,625,000.
(c) Adopt the following 2023-2024 Appropriation Ordinance and Funding Sources Resolution amendments in the Construction Tax and Property Conveyance Tax Fund: Parks Purposes Central Fund:
(1) Increase the Construction and Conveyance Tax revenue estimate by $2,066,909;
(2) Increase the Revenue from the Use of Money/Property estimate by $31,230;
(3) Increase the Needs-Based Allocation Transfer to District 1 by $175,376;
(4) Increase the Needs-Based Allocation Transfer to District 2 by $99,292;
(5) Increase the Needs-Based Allocation Transfer to District 3 by $87,066;
(6) Increase the Needs-Based Allocation Transfer to District 4 by $56,638;
(7) Increase the Needs-Based Allocation Transfer to District 5 by $178,054;
(8) Increase the Needs-Based Allocation Transfer to District 6 by $98,832;
(9) Increase the Needs-Based Allocation Transfer to District 7 by $169,318;
(10) Increase the Needs-Based Allocation Transfer to District 8 by $133,533;
(11) Increase the Needs-Based Allocation Transfer to District 9 by $104,864;
(12) Increase the Needs-Based Allocation Transfer to District 10 by $67,944;
(13) Increase the Transfer to the Parks City-Wide Construction and Conveyance Tax Fund appropriation by $585,956;
(14) Increase the Transfer to the General Fund - Parks Eligible Maintenance Costs appropriation by $310,036; and
(15) Increase the Transfer to the General Fund - Interest Income appropriation by $31,230.
(d) Adopt the following 2023-2024 Appropriation Ordinance
November 5, 2024City Council Amended Agenda
amendments in the Water Utility Fund:
(1) Increase the Non-Personal/Equipment appropriation to the Environmental Services Department by $1,230,957; and
(2) Decrease Ending Fund Balance by $1,230,957.
(e) Adopt the following 2023-2024 Appropriation Ordinance amendments in the General Fund:
(1) Increase the Workers’ Compensation Claims - Police appropriation to the Police Department by $786,344;
(2) Increase the Workers’ Compensation Claims - Fire appropriation to the Fire Department by $217,969;
(3) Decrease the General Liability Claims appropriation to the Office of the City Attorney by $813,633;
(4) Decrease the Workers’ Compensation Claims - Other Departments appropriation to the Human Services Department by $114,225; (5) Decrease the Workers’ Compensation Claims - PRNS
appropriation to the Parks, Recreation, and Neighborhood Services Department by $55,067;
(6) Decrease the Workers’ Compensation Claims - Transportation appropriation to the Transportation Department by $15,641; and (7) Decrease the Workers’ Compensation Claims - Public Works appropriation to the Public Works Department by $5,747. (f) Adopt the following 2023-2024 Appropriation Ordinance and Funding Sources Resolution amendments in the Benefit Fund:
(1) Increase the Health Plans appropriation to the Human Resources Department by $93,418; and
(2) Increase Transfers and Reimbursements estimate by $93,418. (g) Adopt the following 2023-2024 Appropriation Ordinance and Funding Sources Resolution amendments in the Construction Tax and Property Conveyance Tax Fund: Fire Protection Purposes:
(1) Increase the Revenue from the Use of Money/Property estimate by $12,843; and
(2) Increase the Transfer to the General Fund - Interest Income appropriation by $12,843.
(h) Adopt the following 2023-2024 Appropriation Ordinance and Funding Sources Resolution amendments in the Construction Tax and Property Conveyance Tax Fund: Parks Maintenance Yards Purposes:
(1) Increase the Construction and Conveyance Tax revenue estimate by $5,814; and
(2) Increase the Transfer to the General Fund - Park Yards Operating and Maintenance Expenses appropriation by $5,814.
CEQA: Not a Project, File No. PP17-004, Government Funding
November 5, 2024City Council Amended Agenda
Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (City Manager)
MemorandumAttachments
2.8 24-2153 Amendment to Chapter 6.88.840 of Title 6 (Business Licenses and Regulation) of the San José Municipal Code for the Cannabis Regulatory Program.
Recommendation: Approve an ordinance amending Chapter 6.88 of Title 6 (Business Licenses and Regulation) of the San José Municipal Code for the Cannabis Regulatory Program to allow Notice of Completed Registration transfers.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Police)
Memorandum
Ordinance
Attachments
2.9 24-2166 Request for Travel Authorization for Mayor's Staff.
Recommendation: Authorize travel, accept travel payments to the City of San José, and designate Mayor’s Staff, Stephen Caines, as the City representative to attend the Project on Municipal Innovation Fall 2024 Convening in Cambridge, MA from November 7-9, 2024. Source of Funds: Harvard University through the Kresge Foundation (Travel and Lodging).
CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Mayor)
[Rules Committee referral 10/30/2024 - Item A.1.a]
MemorandumAttachments
November 5, 2024City Council Amended Agenda
2.10 24-2173 Approval of Thanksgiving Dinner at Evans Lane Interim Housing 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 October 30, 2024:
(a) Approve the Thanksgiving Dinner at Evans Lane Interim Housing scheduled on November 22, 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. (Davis) [Rules Committee referral 10/30/2024 - Item B.2]
MemorandumAttachments
November 5, 2024City Council Amended Agenda
2.11 24-2179 Retroactive Approval of Multiple Special Events Sponsored by Council District 5 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 October 30, 2024:
(a) Retroactively approve the Latinos for a New America (LUNA) Pachanga del Barrio scheduled on September 5, 2024, as a City Council sponsored Special Event and approve the expenditure of funds. (b) Retroactively approve the Latino Heritage Month Celebration in Partnership with the Office of Assemblymember Alex Lee scheduled on September 23, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.
(c) Retroactively approve the Dobern Neighborhood Association Halloween Block Party scheduled on October 26, 2024, as a City Council sponsored Special Event and approve the expenditure of funds. (d) Retroactively approve the Pleasant Ridge Neighborhood Association Halloween Bash and Block Party scheduled on October 27, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.
(e) 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. (Ortiz) [Rules Committee referral 10/30/2024 - Item B.3]
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.
November 5, 2024City Council Amended Agenda
3.3 24-2154 Retirement Plan’s Comprehensive Annual Investment Fee Reports for Calendar Year 2023.
Recommendation: Accept the following reports:
(a) Police and Fire Retirement Plan Comprehensive Annual Fee Report for calendar year 2023.
(b) Federated City Employees’ Retirement System Comprehensive Annual Fee report for calendar year 2023.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memorandums that involve no approvals of any City action. (Retirement Services)
(a) Police and Fire Retirement Plan Report
(b) Federated City Employees’ Retirement System Report
Presentation
Attachments
4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
November 5, 2024City Council Amended Agenda
7.1 24-2155 Consolidated Annual Homelessness Report and Implementation Plan Update.
Recommendation: As recommended by the Neighborhood Services and Education Committee on October 10, 2024, accept the Fiscal Year 2023-2024 City of San José’s Consolidated Annual Homelessness Report and the Annual Implementation Plan Update.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (City Manager/Economic Development and Cultural
Affairs/Housing/Library/Parks, Recreation and Neighborhood Services) [Neighborhood Services and Education Committee referral 10/10/2024 - Item (d)1]
Memorandum
Memorandum from Mayor, Kamei, Cohen, Davis & Foley, 11-1-24 Memorandum from Batra, 11-5-2024
Presentation - est.15 minutes
Presentation, 10/10/2024, NSE
Letters from the Public
Attachments
8. COMMUNITY & ECONOMIC DEVELOPMENT
8.1 24-2156 Resolution of Intention to Establish a Pedestrian Mall on Post Street.
Recommendation: (a) Adopt a Resolution of Intention to establish a pedestrian mall on Post Street between South First Street and Lightston Alley pursuant to the Pedestrian Mall Law of 1960.
(b) Set a public hearing date for Tuesday, February 25, 2025, at 1:30 p.m. in accordance with the Pedestrian Mall Law of 1960.
CEQA: Categorically Exempt, CEQA Guidelines Section 15301(c) Existing Facilities, File No. ER24-259. Council District 3. (Economic Development and Cultural Affairs)
Memorandum
Memorandum from Mayor, 11-5-2024
Resolution
Presentation - est. 5 minutes
Letter from the Public
Attachments
November 5, 2024City Council Amended Agenda
8.2 24-2157 Establishment of the Tully Road Eastridge Business Improvement District and Approval to Levy Assessments in the Tully Road Eastridge Business Improvement District for the Remainder of Fiscal Year 2024-2025.
Recommendation: (a) Conduct a public hearing and approve an ordinance to establish the Tully Road Eastridge Business Improvement District.
(b) Conduct a public hearing and adopt a resolution approving the budget and the levy of assessments for the Tully Road Eastridge Business Improvement District for the remainder of Fiscal Year 2024-2025.
(c) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an agreement with Tully Road Eastridge Business Association for the administration of the Tully Road Eastridge Business Improvement District.
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 impact on the environment.
Council Districts 7 and 8. (Economic Development and Cultural Affairs) Memorandum
Ordinance
Resolution
Letters from the Public
Attachments
November 5, 2024City Council Amended Agenda
8.3 24-2187 Memorandum of Agreement with County of Santa Clara and the San José Earthquakes for Public Soccer Fields at the San José Earthquakes Sports Complex at the County of Santa Clara Fairgrounds.
Recommendation: (a) Adopt a resolution authorizing the City Manager, or her designee, to negotiate and execute a Memorandum of Agreement and related documents with the County of Santa Clara and the San José Earthquakes for the City to contribute a total of $6,000,000, subject to the appropriation of funds, for the development of public soccer fields at the County of Santa Clara Fairgrounds.
(b) Consistent with City Council’s approval of Manager’s Budget Addendum #20, San José Earthquakes Sports Complex, that was incorporated into the Mayor’s June Budget Message for Fiscal Year 2024-2025, prioritize the allocation of one-time funding of $6,000,000 during a future budget process, with $1,000,000 anticipated to be available by July 1, 2025.
CEQA: Statutorily Exempt, File No. PP17-001, CEQA Guidelines Section 15262, feasibility and planning studies with no commitment to future actions. Council District 7. (Economic Development and Cultural Affairs/Public Works/City Manager)
[Rules Committee referral 10/30/2024 - Item A.1.a]
Memorandum
Memorandum from Mayor, Davis, Ortiz & Doan, 11-1-2024
Presentation - est. 5 minutes
Letters from the Public
Attachments
November 5, 2024City Council Amended Agenda
8.4 24-2191 San José Innovative Project Pathway Program.
Recommendation: As recommended by the Rules and Open Government Committee on October 30, 2024, create the San José Innovative Project Pathway Program (Pathway Program) to streamline the approval of development projects that provide an extraordinary benefit to the City of San José.
The Pathway Program will provide a clear policy route for securing approval of innovative investment projects. The Pathway Program will:
(a) Accept project applications that meaningfully advance city goals and require amendments to general plan text, zoning code allowed uses, or development standards or regulations.
(b) Establish objective criteria for evaluating Pathway Program applications, ensuring alignment with city goals such as the city’s fiscal health, job creation potential, housing production, and sustainability. (c) Delineate a clear submission process and minimum criteria for applicants, including required documentation and fees.
(d) Restrict the initial geographical scope of this new program to the boundaries of the Downtown Growth Area.
(e) Establish an early consideration review process at City Council for Pathway Program applications that meet pre-established criteria, enabling the Council to provide clear, timely direction to staff on whether to proceed with processing the application further.
CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Mayor, Davis and Foley)
[Rules Committee referral 10/30/2024 - Item C.1]
Memorandum
Memorandum from Mayor, Davis, Foley, Cohen & Candelas, 11-1-24 Letters from the Public
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
November 5, 2024City Council Amended Agenda
No Land Use items on Consent Calendar.
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
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://sanjose.legistar.com/DepartmentDetail.aspx?
ID=21676&GUID=ACCCCFF5-F14A-4E1A-8540-9065F45A8A90 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].
November 5, 2024City Council Amended Agenda
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.
November 5, 2024City 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.
November 5, 2024City Council Amended Agenda
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.