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City Council

Regular Meeting

San Jose, CA · October 1, 2019

Agenda

Agenda

City Council Meeting Amended Agenda Tuesday, October 1, 2019 SAM LICCARDO, MAYOR CHAPPIE JONES, VICE MAYOR, DISTRICT 1 SERGIO JIMENEZ, DISTRICT 2 RAUL PERALEZ, DISTRICT 3 LAN DIEP, DISTRICT 4 MAGDALENA CARRASCO, DISTRICT 5 DEV DAVIS, DISTRICT 6 MAYA ESPARZA, DISTRICT 7 SYLVIA ARENAS, DISTRICT 8 PAM FOLEY, DISTRICT 9 JOHNNY KHAMIS, DISTRICT 10 The City of San José is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public. Welcome to the San José City Council meeting! This Agenda contains both a Consent Calendar section for routine business items that require Council approval, and general business items arranged to correspond with San José’s City Service Areas (CSAs). City Service Areas represent the policy-making level for strategic planning, policy setting, and investment decisions in the critical functions the City provides to the community. They are: • Strategic Support - The internal functions that enable the CSAs to provide direct services to the community in an effective and efficient manner. • 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. • Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life. •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. • Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services. You may speak to the City Council about any discussion item that is on the agenda, and you may also speak during Open Forum on items that are not on the agenda and are within the subject matter jurisdiction of the City Council or Successor Agency to the Redevelopment Agency Board. If you wish to speak to the City Council, please refer to the following guidelines: o Fill out a Yellow Speaker’s Card and submit it to the City Clerk seated at the front table. Do this before the meeting or before the item is heard. This will ensure that your name is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants. o When the Council reaches your item on the agenda, the Mayor will open the public hearing and call your name. Please address the Council from the podium, which is located to the left of the City Clerk’s table. o Each speaker generally has two minutes to speak per item. The amount of time allotted to speakers may vary at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. o To assist you in tracking your speaking time, there is a display on the podium. The green light turns on when you begin speaking; the yellow light turns on when you have 30 seconds left; and the red light turns on when your speaking time is up. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during Open Forum. According to State Law (the Brown Act) items must first be noticed on the agenda before any discussion or action. The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed, unless otherwise noted. The City Council, or less than a quorum, may adjourn any regular, special or adjourned meeting to a later date, time and place specified in the order of adjournment. If all members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to seeing you at future meetings. Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at http://www.sanjoseca.gov/index.aspx?NID=3549. Council Meetings are televised live and rebroadcast on Channel 26. All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanjoseca.gov for the final document. To request an accommodation or alternative format under the Americans with Disabilities Act for City-sponsored meetings, events or printed materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting. On occasion the City Council may consider agenda items out of order. City Council Amended Agenda October 1, 2019 • 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 19-675 Closed Session Agenda Attachments Closed Session Agenda - City Council Closed Session Agenda - SARA 1:30 p.m.- Regular Session, Council Chambers, City Hall 3:30 p.m.*- City Council Study Session: Displacement in San José *Not To Be Heard Before 3:30 p.m. • Invocation (District 9) Rev. Katherine Doar • Pledge of Allegiance • Adjournment This meeting will be in memory of Nghia Van Nguyen, who passed away on July 12, 2019, at the age of 84. Mr. Nguyen was a long-time resident of District 8 and he was a dedicated member of his community and respected by many. He will be remembered for his integrity, positive spirit, and compassion for others. • Orders of the Day Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise. • Closed Session Report 1. CEREMONIAL ITEMS 1.1 Presentation of a Proclamation to recognize Homeless Awareness Month. (Davis) 1.2 Presentation of a Proclamation declaring Domestic Violence Awareness. (Carrasco) City of San José Page 4 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 1.3 Presentation of a Proclamation declaring Breast Cancer Awareness. (Carrasco) 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, staff, or public 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. 19-829 Final Adoption of Ordinances. Recommendation: Ord. No. 30311 - An Ordinance of the City of San José Amending Various Sections of Title 24 (Technical Codes) of the San José Municipal Code to Adopt Provisions of the 2019 California Green Building Standards Code and California Building Energy Efficiency Standards with Certain Exceptions, Modifications and Additions Which Serve as a Reach Code to Increase Building Efficiency, Mandate Solar Readiness and Increase Requirements Related to Electric Vehicle Charging Stations. Attachments Supplemental Memorandum Ordinance 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. City of San José Page 5 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 2.7 19-858 Adoption of an Ordinance Ratifying Final Expenditures in Various Appropriations for 2018-2019. City of San José Page 6 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 Recommendation: (a) Adopt an ordinance ratifying final 2018-2019 expenditures in various appropriations as detailed in the report to Council. (b) Adopt the following 2018-2019 Appropriation Ordinance amendments in the Airport Maintenance and Operation Fund: (1) Increase the Airline Reserve Funds Distribution appropriation by $13,943,476; and (2) Decrease the Master Trust Agreement Reserve by $13,943,476. (c) Adopt the following 2018-2019 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 estimate by $8,357,873; (2) Increase the Needs-Based Allocation Transfer to District 1 by $639,149; (3) Increase the Needs-Based Allocation Transfer to District 2 by $427,974; (4) Increase the Needs-Based Allocation Transfer to District 3 by $331,339; (5) Increase the Needs-Based Allocation Transfer to District 4 by $329,786; (6) Increase the Needs-Based Allocation Transfer to District 5 by $609,237; (7) Increase the Needs-Based Allocation Transfer to District 6 by $594,920; (8) Increase the Needs-Based Allocation Transfer to District 7 by $701,766; (9) Increase the Needs-Based Allocation Transfer to District 8 by $539,167; (10) Increase the Needs-Based Allocation Transfer to District 9 by $505,426; (11) Increase the Needs-Based Allocation Transfer to District 10 by $305,498; (12) Increase the Transfer to the Parks City-Wide Construction and Conveyance Tax Fund appropriation by $2,491,630; and (13) Increase the Transfer to the General Fund - Parks Eligible Maintenance Costs appropriation by $881,981. (d) Adopt the following 2018-2019 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 estimate by $16,938; and City of San José Page 7 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 (2) Increase the Transfer to the General Fund - Park Yards Operating and Maintenance Expenses appropriation by $16,938. (e) Adopt the following 2018-2019 Appropriation Ordinance amendments in the Convention Center Facility District Revenue Fund: (1) Increase the Debt Service: Special Tax Bonds appropriation by $313; and (2) Decrease the Unrestricted Ending Fund Balance by $313. (f) Adopt the following 2018-2019 Appropriation Ordinance amendments in the General Fund: (1) Increase the Storm Fees appropriation by $63,117; (2) Decrease the Sanitary Sewer Fees appropriation by $22,266; and (3) Decrease the Non-Personal/Equipment appropriation to the Environmental Services Department by $40,851. CEQA: Not a Project, File No. PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (City Manager) Attachments Memorandum 2.8 19-859 Agreement with the Silicon Valley Community Foundation to Administer the San José Voter Education Fund. Recommendation: Approve a grant agreement between the City of San José and the Silicon Valley Community Foundation to administer the San José Voter Education Fund from October 1, 2019 through January 30, 2021 totaling $374,000. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts resulting in no physical changes to the environment. (City Manager) Attachments Memorandum Agreement City of San José Page 8 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 2.9 19-860 Actions Related to the Purchase Order 56453 with Fleet Bodyworx Inc. for Collision Repair and Body Shop Services. Recommendation: Adopt a resolution authorizing the City Manager to: (a) Amend Purchase Order 56453 with Fleet BodyWorx, Inc. (San José, CA) to increase the amount of total compensation by $100,000, for a revised maximum compensation not to exceed $345,000 for the remainder of the current term ending on or about October 14, 2019; and (b) Exercise the final option to renew the purchase order through October 2020, subject to the same terms and conditions, and the annual appropriation of funds. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) Attachments Memorandum 2.10 19-861 Actions Related to the Purchase Order 56516 with Herc Rentals Inc. for Construction Equipment Rental Services. Recommendation: Adopt a resolution authorizing the City Manager to: (a) Amend Purchase Order 56516 with Herc Rentals, Inc. (Dallas, TX) to increase the amount of total compensation by $150,000, for a revised maximum compensation not to exceed $400,000 for the remainder of the current term ending on or about October 31, 2019; and (b) Execute additional purchase orders for subsequent rentals with Herc Rentals, leveraging the pricing from the U.S. Communities Cooperative agreement through the five-year term ending October 31, 2023, subject to annual appropriations of funds. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance) Attachments Memorandum City of San José Page 9 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 2.11 19-864 Actions Related to the Funding and Reimbursement Agreement for Permitting Costs with Comcast Corporation. Recommendation: Adopt a resolution authorizing the City Manager to execute a Funding and Reimbursement Agreement between the City and Comcast Corporation to cover the permitting costs related to encroachment permits. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works) Attachments Memorandum Agreement 2.12 19-830 Retroactive Approval of the UStar Moon Festival 2019 Community Event Sponsored by Council District 8 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: (a) Retroactive approve the UStar Moon Festival 2019 scheduled on Friday, September 20, 2019 to Sunday, September 22, 2019 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. (Arenas) Attachments Memorandum 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, David Sykes (Verbal Report) 3.2 Labor Negotiations Update. City of San José Page 10 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 3.3 19-849 Planning Commission Appointment. Recommendation: (a) Interview applicants for appointment to the Planning Commission. (b) Appoint one (1) applicant for an unexpired term ending June 30, 2020. (c) Appoint one (1) applicant for an unexpired term ending June 30, 2022. (d) 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 Administrative Activities, resulting in no changes to the physical environment. (City Clerk) Attachments Memorandum Supplemental Memorandum-Additional Interviewee Application Packet Conflict of Interest Review Attachment: Current Roster Letters from the Public City of San José Page 11 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 3.4 19-862 Acceptance of Retirement Plans’ Comprehensive Annual Investment Fee Reports for Calendar Year 2018. Recommendation: Accept the following reports: (a) Police and Fire Retirement Plan Comprehensive Annual Fee Report for calendar year 2018. (b) Federated City Employees’ Retirement System Comprehensive Annual Fee report for calendar year 2018. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Retirement Services) Attachments Memorandum Presentation P&F Investment Policy Statement 2019 Fed Investment Policy Statement 2019 City Council Fee Presentation - 2018-2019 Fed Annual Fee Report 2018 P&F Annual Fee Report 2018 Fed Annual Fee Report 2017 P&F Annual Fee Report 2017 P&F Annual Fee Report 2016 Fed Annual Fee Report 2016 4. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 12 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 4.1 19-869 Approval of the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds and the Loan of the Proceeds Thereof and Approval of Related Documents and Changes to Existing Loan and Grant Terms for the Markham Plaza I Project. Recommendation: (a) Adopt a resolution: (1) Authorizing the issuance of (a) tax-exempt multifamily housing revenue bonds designated as “City of San José Multifamily Housing Revenue Bonds (Markham Plaza I), Series 2019B-1” (the “Series 2019B-1 Bonds”) and “City of San José Multifamily Housing Revenue Bonds (Markham Plaza I), Subordinate Series 2019B-2” (the “Series 2019B-2 Bonds” and with the “Series 2019B-1 Bonds, the “2019B Bonds”) in an aggregate principal amount not to exceed $23,000,000; (2) Approving the loan of the proceeds of the 2019B Bonds to Markham Plaza I, L.P. a California limited partnership created by Core Development, Inc., a California corporation, to finance the acquisition and rehabilitation of a 153-unit multifamily project known as the Markham Plaza I apartments (formerly known as Tully Gardens I) located at 2000 Monterey Road, in San José (the “Development”); (3) Approving in substantially final form the Indenture of Trust, Subordinate Indenture of Trust, the Loan Agreement, the Subordinate Loan Agreement and Regulatory Agreement, and Declaration of Restrictive Covenants (the “Series 2019B Bond Documents”); and (4) Authorizing and directing the City Manager, Director of Housing, Director of Finance or the Assistant Director of Finance, or their designees, to execute and deliver the Series 2019B Bond Documents together with any documents ancillary to the Series 2019B Bond Documents. (b) Adopt a resolution approving changes in terms for the City’s outstanding $4,850,000 loan and outstanding $4,866,000 grant for the Development, approving a loan to value ratio in excess of 100% and authorizing the Director of Housing to negotiate and execute documents and amendments related to those changes. CEQA: Categorically Exempt, File No. PP19-057, CEQA Guideline Section 15301, Existing Facilities. Council District 7. (Housing/Finance) [Deferred from 9/17/19 - Item 4.2 (19-796), 9/24/19 - Item 4.9 (19-868)] City of San José Page 13 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 Attachments Memorandum Presentation (a) Resolution (b) Resolution Indenture of Trust Public Disclosure Report Regulatory Agreementand Declaration of Restrictive Covenants Senior Loan Agreement Subordinate Indenture of Trust Subordinate Loan Agreement and Note 4.2 19-863 Public Hearing on the Vacation of a Setback Easement Located at 1064 West Riverside Way. Recommendation: Conduct a Public Hearing and adopt a resolution: (a) Approving the report of the Director of Public Works setting forth the facts justifying the vacation of a 25-foot light and air easement at 1064 West Riverside Way. (b) Vacating a 25-foot front light and air easement at 1064 West Riverside Way. (c) Directing the City Clerk to record a certified copy of the resolution of vacation with the Office of the Recorder, County of Santa Clara. CEQA: Categorically Exempt, File No. 3-24857, CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations. Council District 1. (Public Works) Attachments Memorandum Resolution 5. NEIGHBORHOOD SERVICES 6. TRANSPORTATION & AVIATION SERVICES 7. ENVIRONMENTAL & UTILITY SERVICES 8. PUBLIC SAFETY City of San José Page 14 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 8.1 19-866 Fireworks Ordinance Workplan Status Report. Recommendation: As recommended by the Public Safety, Finance and Strategic Support Committee on August 15, 2019, accept the status report on the implementation of the Fireworks Ordinance Workplan Post Fourth of July 2019. CEQA: Not a Project, File No. PP17 009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Fire) [Public Safety, Finance and Strategic Support Committee referral 8/15/19 - Item (d)1] [Deferred from 9/10/19 - Item 8.1 (19-771)] Attachments Memorandum Presentation Supplemental Memorandum Supplemental Memorandum, 9/24/2019 PSFSS Presentation, 8/15/2019 Attachment A - Illegal Fireworks Activities Timeline Attachment B - Public Education and Outreach Campaign Attachment C - Illegal Fireworks Reporting Summary Letters from the Public 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, staff, or public 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. END OF CONSENT CALENDAR 10 Land Use - Regular Agenda City of San José Page 15 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 CITY COUNCIL STUDY SESSION: DISPLACEMENT IN SAN JOSE NOT TO BE HEARD BEFORE 3:30 P.M. Purpose: To provide City Council with information on residential displacement, current City work on residential and small business displacement, and tools other cities use. Provide a venue for City Council to hear perspectives, ask questions, and provide feedback. Outcome: That the City Council receives information they can use when considering the future adoption of residential anti-displacement strategies. Staff plans to bring forward recommendations in winter, 2019. City Council will also receive information on San José’s current pilot work addressing small business displacement. City of San José Page 16 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 19-833 Study Session Presentation: Displacement in San José. Recommendation: (1) Introduction and Background (Housing Department and Office of Economic Development) (2) Overview of Academic Research on Residential Displacement (UC Berkeley Urban Displacement Project) (3) Displacement in San José: Summary of Local Data, Analysis and Outreach, to Date (Housing Department) (4) Tools Cities Use Nationally to Mitigate Residential Displacement (Housing Department and Planning Building and Code Enforcement) (5) Panel: Impacted Resident and Housing Provider Perspectives (a) Tenant Representative (b) All-In Cities Anti-Displacement Policy Network/San José Team Non-Profit Participant (c) Housing Policy Professional (d) Housing Developer Representative (e) Multifamily Residential Property Owner (f) Real Estate/Housing Economist (6) City Council Questions and Discussion (7) Next steps for Developing the City’s Residential Anti-Displacement Strategy (Housing Department) (8) Overview of Strategies and Tools to Mitigate Small Business Displacement (Office of Economic Development) (9) City Council Questions and Discussion (10) Public Comment City of San José Page 17 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 Attachments Residential Displacement Memorandum Residential Displacement Attachment Residential Displacement Presentation UC Berkeley Urban Displacement Project Presentation Small Business Displacement Memorandum Small Business Presentation Letters from the Public • 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 in memory of Nghia Van Nguyen, who passed away on July 12, 2019, at the age of 84. Mr. Nguyen was a long-time resident of District 8 and he was a dedicated member of his community and respected by many. He will be remembered for his integrity, positive spirit, and compassion for others. City of San José Page 18 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 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. City of San José Page 19 Printed on 10/1/2019 City Council Amended Agenda October 1, 2019 CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL CHAMBERS AND COMMITTEE ROOMS (CONT’D.) 3. Addressing the Council, Committee, Board or Commission: a) Persons wishing to speak on an agenda item or during open forum are requested to complete a speaker card and submit the card to the City Clerk or other administrative staff at the meeting. b) Meeting attendees are usually given two (2) minutes to speak on any discussion item and/or during open forum; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. 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 topics related to City business 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. City of San José Page 20 Printed on 10/1/2019