City Council

City Council Meeting Amended Agenda Tuesday, March 2, 2021 1:30 PM Virtual Meeting - https://sanjoseca.zoom.us/j/91325378626 SAM LICCARDO, MAYOR CHAPPIE JONES, VICE MAYOR, DISTRICT 1 SERGIO JIMENEZ, DISTRICT 2 RAUL PERALEZ, DISTRICT 3 DAVID COHEN, DISTRICT 4 MAGDALENA CARRASCO, DISTRICT 5 DEV DAVIS, DISTRICT 6 MAYA ESPARZA, DISTRICT 7 SYLVIA ARENAS, DISTRICT 8 PAM FOLEY, DISTRICT 9 MATT MAHAN, 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. • 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. 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 https://www.sanjose.legistar.com/Calendar.aspx. 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. 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 CityClerk@sanjoseca.gov. 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 ADA@sanjoseca.gov 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. On occasion the City Council may consider agenda items out of order. City Council Amended Agenda March 2, 2021 * COVID-19 NOTICE * Consistent with the California Governor’s Executive Order No. N-29-20, Resolution No. 79485 from the City of San José and the Santa Clara County Health Officer’s March 16, 2020 Shelter in Place Order, the City Council meeting will not be physically open to the public and the City Council will be teleconferencing from remote locations. How to observe the Meeting (no public comment): 1) Cable Channel 26, 2) https://www.sanjoseca.gov/news-stories/watch-a-meeting, or 3) https://www.youtube.com/CityofSanJoseCalifornia How to submit written Public Comment before the City Council Meeting: 1) Use the eComment tab located on the City Council Agenda page. eComments are also directly sent to the ilegislate application used by City Council and staff. 2) By email to city.clerk@sanjoseca.gov by 10:00 a.m. the day of the meeting. Those emails will be attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in the subject line of your email. How to submit written Public Comment during the City Council Meeting: 1) Email during the meeting to councilmeeting@sanjoseca.gov, identifying the Agenda Item Number in the email subject line. Comments received will be included as a part of the meeting record but will not be read aloud during the meeting. How to provide spoken Public Comment during the City Council Meeting: 1) By Phone: (888) 475 4499. Webinar ID is 913 2537 8626. Click *9 to raise a hand to speak. Click *6 to unmute when called. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free) 2) Online at: https://sanjoseca.zoom.us/j/91325378626 a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. d. When called, please limit your remarks to the time limit allotted. City of San José Page 4 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 For Closed Captions, please visit the City’s YouTube channel: https://www.youtube.com/CityofSanJoseCalifornia, or website livestream https://www.sanjoseca.gov/news-stories/watch-a-meeting. • Call to Order and Roll Call 9:00 a.m. - Closed Session 21-395 Closed Session Agenda Attachments Closed Session Agenda 1:30 p.m. - Regular Session • Pledge of Allegiance • Invocation (District 3) Kiana Munoz, the African American Community Service Agency. • Adjournment The meeting will be adjourned in the memory of Robert “Bob” Winsor who passed away on January 20, 2021 at age 88. Bob, a proud native of the City of San José, was a quintessential family man, whose love knew no bounds when it came to his kids and grandchildren. • Orders of the Day To be heard after Ceremonial Items * SEE NEW ITEM 8.3, “Ratification of the Declaration Suspending Enforcement of Certain Provisions in Land Use Permits and Approvals and Zoning in the San José Municipal Code for Vaccination Clinics and Events” TO BE ADDED UNDER ORDERS OF THE DAY. REQUIRES A DETERMINATION BY A TWO-THIRDS (2/3) VOTE OF THE MEMBERS OF THE COUNCIL PRESENT AT THE MEETING, OR, IF LESS THAN TWO-THIRDS (2/3) OF THE MEMBERS OF THE COUNCIL ARE PRESENT AT THE MEETING, A UNANIMOUS VOTE OF THOSE MEMBERS PRESENT THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION. Consolidated Open Government and Ethics Resolution No. 77135, Section 2.3.2.1.E.3; Council’s Rules of Conduct, Resolution No. 79367, Rule 3(d); Council Agenda Items’ Placement After Rules During Social Distancing Period Resolution No. 79485. City of San José Page 5 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise. • Closed Session Report To be heard after Ceremonial Items 1. CEREMONIAL ITEMS 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. 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 6 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 2.7 21-381 Amendment to the City Pay Plan. Recommendation: Adopt a resolution to amend the City of San José Pay Plan effective March 2, 2021, to: (a) Change the salary range for the Program Manager I (8073) classification with a salary range of $98,862.40 - $121,742.40 to a new salary range of $103,000 - $133,900 annually; (b) Retitle the Program Manager I (8073) classification to Program Manager (8073); and (c) Delete the Program Manager II (8076) classification. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Human Resources) Attachments Memorandum Resolution 2.8 21-382 Award of Contract for the 9664 - East San José Bikeways - Signs and Sharrows Project, Federal Project No. CML-5005(145). Recommendation: Report on bids and award of construction contract for the 9664 - East San José Bikeways - Signs and Sharrows Project to the low bidder, Chrisp Company, in the amount of $527,774, and approval of a 10 percent contingency in the amount of $52,777. CEQA: Categorically Exempt, File No. PP18-029, CEQA Guidelines Section 15301(c), Existing Facilities. Council District 5. (Public Works/Transportation) Attachments Memorandum 2.9 21-383 Fiscal Year 2020 Traffic Impact Fee Report. Recommendation: Accept the annual and five-year report prepared in accordance with the Mitigation Fee Act (Government Code section 66000 et seq.) on the status of the City’s four traffic impact fee programs: North San José, Evergreen-East Hills, US-101/Oakland/Mabury, and Interstate 280/Winchester Boulevard. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Transportation) Attachments Memorandum City of San José Page 7 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 2.10 21-429 Amendments to Title 27 of the San José Municipal Code Related to the Procurement of Public Works. - RENUMBERED FROM ITEM 3.3 Recommendation: Approve an ordinance that continues the process of modernizing, streamlining, and clarifying the public works contracting process by amending certain chapters and sections of Title 27 of the San José Municipal Code as follows: (a) Amending Sections 27.04.100, 27.06.070, and 27.10.560 to make the threshold amounts for micro contracts and for the Director to award certain public works contracts subject the inflation adjustment process already in Title 27; (b) Amending Section 27.06.060 to expand the required expiration date of the prequalified contractor pools used for the competitive work order procurement process from 12 months to 24 months; (c) Amending Section 27.06.070 to add another basis for determining the award of on-call contracts to reflect current practice; (d) Amending Chapters 27.26 and 27.28 to modify certain compensation and dispute resolution provisions to accommodate updates to 29-year-old standard construction contract provisions relating to delay, claims and compensation; and (e) Amending Section 27.50.020 to clarify certain reporting requirements to better support open and transparent government practices. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (City Attorney/City Manager) [RENUMBERED FROM ITEM 3.3 (21-397)] Attachments Memorandum Ordinance City of San José Page 8 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 2.11 21-431 Boards and Commissions Appointments. Recommendation: Approve the following Board and Commission appointments: (a) Human Services Commission (1) District 7 Seat: Linda Nguyen to a term ending December 31, 2024. (b) Neighborhoods Commission (1) District 1 Seat: Helen Kassa to a term ending June 30, 2021 (c) Charter Review Commission (1) District 7 Seat: George Sanchez CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 2/24/2021 - Item A.1.a] Attachments Memorandum Application - L. Nguyen Application - H. Kassa Application - G. Sanchez COI - L. Nguyen COI - H. Kassa 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, David Sykes (Verbal Report) 21-384 (a) City Manager’s COVID 19 Update (Verbal Report) (b) City Manager’s Report on Other City Matters (Verbal Report) Attachments Presentation Letters from the Public 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. 3.3 21-397 Amendments to Title 27 of the San José Municipal Code Related to the Procurement of Public Works. - RENUMBERED TO ITEM 2.10 (21-429) City of San José Page 9 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 3.4 21-385 Extension of Proclamation of Local Emergency Related to COVID-19. - TO BE HEARD CONCURRENTLY WITH ITEM 3.5 Recommendation: Adopt a resolution finding the continued existence of a local emergency and extending the March 6, 2020 Director of Emergency Services’ proclamation of a local emergency resulting from community spread of the coronavirus, also known as COVID-19, in the City of San José. CEQA: Statutorily Exempt, CEQA Guidelines Section 15269, Emergency Projects Undertaken for Specific Actions Necessary to Prevent or Mitigate an Emergency. (City Manager) TO BE HEARD CONCURRENTLY WITH ITEM 3.5 Attachments Memorandum Resolution Presentation 3.5 21-386 COVID-19 Preliminary Operational Assessment Report. - TO BE HEARD CONCURRENTLY WITH ITEM 3.4 Recommendation: Accept the 2020 COVID-19 Preliminary Operational Assessment Report, Operational Adjustment Plan, and white papers. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) TO BE HEARD CONCURRENTLY WITH ITEM 3.4 Attachments Memorandum Attachment 1 Attachment 2 Presentation 4. PUBLIC SAFETY SERVICES 5. TRANSPORTATION & AVIATION SERVICES 6. ENVIRONMENTAL & UTILITY SERVICES 7. NEIGHBORHOOD SERVICES City of San José Page 10 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 7.1 21-387 Parkland Fee Credits for Deed Restricted Moderate-Income Housing Units. Recommendation: (a) Approve an ordinance amending Chapter 14.25 of Title 14 and Chapter 19.38 of Title 19 of the San José Municipal Code (“SJMC”) prescribing new definitions for moderate-income units, gross household income for moderate-income units, and expanding affordability restrictions to include moderate-income units, and to provide that moderate-income units shall pay fees set forth in the schedule of parkland fees. (b) Adopt a resolution amending Resolution No. 78474 (Schedule of Parkland Fees) temporarily establishing the parkland fees charged pursuant to Chapters 14.25 and 19.38 of the SJMC be set at 50% of the applicable parkland fees for deed restricted moderate-income residential units that are provided to satisfy Inclusionary Housing ordinance provisions (SJMC Chapter 5.08) until January 1, 2026. CEQA: Not a Project, File No. PP17-005 Adjustment to Fees, Rates and Fares without changes to or expansion of services. (Parks, Recreation and Neighborhood Services) Attachments Replacement Memorandum, 2/26/2021 Memorandum from Jimenez, Cohen & Foley, 2/26/2021 Ordinance Resolution Presentation Letter from the Parks & Recreation Commission Letters from the Public 8. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 11 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 8.1 21-388 Actions Related to the Purchase and Sale of Properties Located at North 13th Street and East Santa Clara Street. Recommendation: (a) Adopt a resolution authorizing the City Manager to: (1) Negotiate and execute a Purchase and Sale Agreement, and all other documents necessary to effectuate the property transfer between the City of San José and the Valley Transportation Authority (VTA), for the sale of the properties known as 575-579 East Santa Clara Street, identified as Assessor’s Parcel Numbers 467-16-091 and 467-16-092, in the amount of $2,500,000; (2) Declare the 575-579 East Santa Clara property (APNs 467-16-091 and 467-16-092) as “exempt surplus land” to the needs of the City pursuant to Cal. Gov. Code §54221(f)(1)(D), San José Municipal Code Section 4.20.080 and in accordance with Council Policy 7-13(D)(3); (3) Negotiate and execute a Cooperation and Reimbursement Agreement between the City of San José and the VTA to offset additional environmental remediation, mitigation, and construction costs for the City’s use of the Option Property, in the amount of $300,000; and (4) Exercise the Option to Purchase Agreement between the City of San José and the Santa Clara County Housing Authority dated August 24. 2020, for the purchase of the property located at 601 East Santa Clara Street, identified as Assessor’s Parcel Number 467-15-010, in the amount of $2,194,200. (b) Adopt the following 2020-2021 Appropriation Ordinance and Funding Sources Resolution amendments in the Public Safety and Infrastructure Bond Fund: (1) Establish the Other Revenue appropriation in the amount of $2,500,000; (2) Establish the Revenue from Local Agencies in the amount of $300,000; and (3) Increase the Measure T - Fire Station 8 Relocation appropriation to the Public Works Department by $2,800,000. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. Council District 3. (Economic Development/Public Works/Fire/City Manager) Attachments Memorandum Resolution Presentation City of San José Page 12 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 8.2 21-394 City’s COVID-19 Response: Emergency Rental Assistance Program. - RECOMMEND DEFERRAL Recommendation: (a) Accept the staff report on the Emergency Rental Assistance program. (b) Adopt a resolution: (1) Accepting $30,379,739.90 in Emergency Rental Assistance funds from the U.S. Department of the Treasury and ratifying the City Manager’s signing of the award terms; (2) Authorizing the City Manager to negotiate and execute the following grant agreements, including any amendments and revisions to said agreements and any necessary documents to effectuate the grant, to use Emergency Rental Assistance Funds to provide assistance to San José tenants and landlords who have been negatively impacted by the COVID-19 pandemic: (i) With Destination: Home, a supporting organization of Silicon Valley Community Foundation, in an amount not to exceed $__ million to provide rental assistance, utility relief, and other eligible housing assistance to San José residents, as well as to fund case management and outreach efforts to connect San José residents with rental assistance, utility relief, and other housing assistance. (c) Adopt the following Funding Sources Resolution and Appropriation Ordinance amendments in the Emergency Reserve Fund: (1) Increase the estimate for Revenue from Federal Government by $30,379,740; and (2) Establish the Emergency Rental Assistance appropriation to the City Manager’s Office in the amount of $30,379,740. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Housing/City Manager) [Deferred from 2/23/2021 - Item 8.3 (21-332)] RECOMMEND DEFERRAL TO 3/9/2021 PER ADMINISTRATION City of San José Page 13 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 8.3 21-432 Ratification of the Declaration Suspending Enforcement of Certain Provisions in Land Use Permits and Approvals and Zoning in the San José Municipal Code for Vaccination Clinics and Events. Recommendation: Adopt a resolution confirming and ratifying the Declaration of the Director of Emergency Services of the City of San José Suspending Enforcement of Certain Provisions in Land Use Permits and Approvals and Zoning Requirements in the San José Municipal Code issued February 8, 2020. CEQA: Statutorily Exempt, CEQA Guidelines Section 15269, Emergency Projects Undertaken for Specific Actions Necessary to Prevent or Mitigate an Emergency. (Planning, Building and Code Enforcement/City Manager) Attachments Memorandum Resolution 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 • 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 City of San José Page 14 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 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 15 Printed on 3/2/2021 City Council Amended Agenda March 2, 2021 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 16 Printed on 3/2/2021