City Council

City Council Meeting Amended Agenda Tuesday, August 17, 2021 1:30 PM Hybrid Meeting - Council Chambers and Virtually - https://sanjoseca.zoom.us/j/93052835954 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 August 17, 2021 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 930 5283 5954. 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/93052835954 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. 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 City of San José Page 4 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 9:30 a.m. - Closed Session 21-1771 Closed Session Agenda Attachments Closed Session Agenda 1:30 p.m. - Regular Session • Pledge of Allegiance • Invocation (District 7) The Khmer Krom Buddhist monks of the Khemara Rangsey Temple. • 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 This meeting is adjourned in memory of Nicolas Jaramillo who served as the Career Hub Coordinator for Goodwill Silicon Valley, and was a vital partner in the All The Way Home Campaign to end veteran homelessness. A formerly homeless veteran himself, Nicolas was a role model who understood how to connect with those he served, and did so with passion, commitment, and a heart for service. Even as he built his own life, his focus on helping others served as an inspiration for all who knew him. He leaves behind a grateful community, and will be sorely missed. • 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. City of San José Page 5 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 2.1 Approval of City Council Minutes. 2.2 Final Adoption of Ordinances. 2.3 Approval of Council Committee Minutes. 21-1829 Approval of Council Committee Minutes. Recommendation: (a) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of August 4, 2021. (b) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of July 28, 2021. (c) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of May 19, 2021. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. Attachments (a) 8/4/2021 ROGC Minutes (b) 7/28/2021 ROGC Minutes (c) 5/19/2021 ROGC 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 8/17/2021 City Council Amended Agenda August 17, 2021 2.7 21-1781 Actions Related to the Timeline to Complete Redistricting Due to Delays in the 2020 Census. Recommendation: (a) Approve an ordinance adjusting the deadline to enact a redistricting ordinance as permitted under Charter Section 403. (b) Adopt a resolution amending Resolution No. 79867 to set a new deadline for the Redistricting Commission to submit its reports and recommendations to the City Council in accordance with Charter Section 403 as directed by the City Council on October 27, 2020 and January 26, 2021. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities, resulting in no changes to the physical environment. (City Clerk) Attachments Memorandum Ordinance Resolution City of San José Page 7 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 2.8 21-1772 Adoption of Appropriation Ordinance and Funding Sources Resolution Amendments in Various Funds to Rebudget Funds to 2021-2022 for Completion of Projects. Recommendation: (a) Adopt the following 2021-2022 Appropriation Ordinance and Funding Sources Resolution amendments in the General Fund: (1) Increase the Revenue from Federal Government by $372,000; (2) Increase the Revenue from State of California by $384,000; (3) Establish the Internet Crimes Against Children Task Force Invited Awards - Police 2020 appropriation to the Police Department in the amount of $372,000; and (4) Increase the Internet Crimes Against Children State Grant 2020-2021 appropriation to the Police Department by $384,000. (b) Adopt the following 2021-2022 Appropriation Ordinance and Funding Sources Resolution amendments in the Community Development Block Grant Fund: (1) Increase the Beginning Fund Balance by $1,200,000; and (2) Increase the Public Works Neighborhood Infrastructure Improvements appropriation to the Public Works Department by $1,200,000. (c) Adopt the following 2021-2022 Appropriation Ordinance and Funding Sources Resolution amendments in the Construction and Property Conveyance Tax Fund: City-wide Parks Purposes: (1) Increase the Beginning Fund Balance by $270,000; and (2) Increase the TRAIL: Coyote Creek Fish Passage Remediation and Pedestrian Bridge (Singleton Crossing) appropriation to the Parks, Recreation and Neighborhood Services Department by $270,000. (d) Adopt the following 2021-2022 Appropriation Ordinance and Funding Sources Resolution amendments in the Construction and Property Conveyance Tax Fund: Parks Purposes Council District #7: (1) Increase the Beginning Fund Balance by $1,140,000; and (2) Increase the TRAIL: Coyote Creek Fish Passage Remediation and Pedestrian Bridge (Singleton Crossing) appropriation to the Parks, Recreation and Neighborhood Services Department by $1,140,000. 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 City of San José Page 8 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 2.9 21-1774 Amendment to the City Pay Plan for Various Classifications. Recommendation: (a) Adopt a resolution amending the City of San José Pay Plan effective August 17, 2021, to create the Latent Fingerprint Examiner, Supervisor (2247) with an annual salary range of $115,204.72 - $140,549.76. The salary range excludes the general wage increase currently pending Council approval. (b) Approve the following position changes in the Police Department: (1) Add 1.0 Latent Fingerprint Examiner, Supervisor; and (2) Delete 1.0 Program Manager. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Human Resources/Police/City Manager) Attachments Memorandum Resolution 2.10 21-1776 Actions Related to Lease Agreement with Franklin McKinley School District to Establish an Eviction Prevention Help Center. Recommendation: Adopt a resolution ratifying a lease agreement with Franklin McKinley School District, in an amount not to exceed $20,000 through July 30, 2022 to establish an eviction prevention help center assisting low-income San José residents with obtaining assistance for rental and utility relief, legal services and other social service referrals. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing) Attachments Memorandum Resolution Agreement City of San José Page 9 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 2.11 21-1799 Approval of Trash Punx eWaste Event Sponsored by Council District 9 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government Committee on August 4, 2021: (a) Approve the Trash Punx eWaste Event scheduled on August 21, 2021 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. (Foley) [Rules Committee referral 8/4/2021 - Item G.1.b] Attachments Memorandum 2.12 21-1840 Retroactive Approval of Dumpster Day Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. Recommendation: As recommended by the Rules and Open Government Committee on August 11, 2021: (a) Retroactively approve the Dumpster Day Event scheduled on July 17, 2021 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. (Carrasco) [Rules Committee referral 8/11/2021 - Item G.1.a] Attachments Memorandum City of San José Page 10 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 2.13 21-1847 Retroactive Approval of Movie Night at Rubino Park 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 August 11, 2021: (a) Retroactively approve the Movie Night at Rubino Park scheduled on August 7, 2021 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 8/11/2021 - Item G.1.b] Attachments Memorandum 2.14 21-1854 Approval of Movie Night at Municipal Rose Garden 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 August 11, 2021: (a) Approve the Movie Night at Municipal Rose Garden scheduled on August 28, 2021 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 8/11/2021 - Item G.1.c] Attachments Memorandum City of San José Page 11 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 2.15 21-1832 Boards and Commissions Appointment. Recommendation: Approve the following Boards and Commissions appointments: (a) Library and Education Commission: (1) District 9 Seat: Kenneth Kelly to a term ending June 30, 2025. (b) Historic Landmarks Commission: (1) Appoint Steve Nestle to a term ending June 30, 2025. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 8/11/2021 - Item A.1.a] Attachments Memorandum Applications Conflicts of Interest Memorandum 3. STRATEGIC SUPPORT 3.1 Report of the Acting City Manager, Jennifer Maguire (Verbal Report) 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. 3.3 21-1773 Extension of the Proclamation of Local Emergency Related to COVID-19. 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) Attachments Memorandum Resolution Presentation est. 15 mins City of San José Page 12 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 3.4 21-1789 Approval of the Terms of Agreements with the Association of Engineers and Architects, IFPTE Local 21 (AEA), Units 41/42 and Association of Engineers and Architects, IFPTE Local 21 (AEA), Unit 43 for the Term of July 1, 2021, Through June 30, 2023. Recommendation: Adopt a resolution: (a) Approving the terms of a collective bargaining agreement between the City and the Association of Engineers and Architects, IFPTE, Local 21 (AEA), Units 41/42 for the term of July 1, 2021, through June 30, 2023, and authorizing the City Manager to execute an agreement with those terms; and (b) Approving the terms of a collective bargaining agreement between the City and the Association of Engineers and Architects, IFPTE, Local 21 (AEA), Unit 43 for the term of July 1, 2021 through June 30, 2023, and authorizing the City Manager to execute an agreement with those terms. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) Attachments Memorandum Resolution 3.5 21-1790 Approval of the Terms of an Agreement with the Association of Maintenance Supervisory Personnel, IFPTE Local 21 (AMSP) for the Term of July 1, 2021, Through June 30, 2023. Recommendation: Adopt a resolution approving the terms of a collective bargaining agreement between the City and the Association of Maintenance Supervisory Personnel, IFPTE, Local 21 (AMSP) for the term of July 1, 2021, through June 30, 2023, and authorizing the City Manager to execute an agreement with those terms. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) Attachments Memorandum Resolution City of San José Page 13 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 3.6 21-1791 Approval of the Terms of an Agreement with the City Association of Management Personnel, IFPTE Local 21 (CAMP) for the Term of July 1, 2021, Through June 30, 2023. Recommendation: Adopt a resolution approving the terms of a collective bargaining agreement between the City and the City Association of Management Personnel, IFPTE, Local 21 (CAMP) for the term of July 1, 2021, through June 30, 2023, and authorizing the City Manager to execute an agreement with those terms. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) Attachments Memorandum Resolution 3.7 21-1792 Approval of the Terms of an Agreement with the Municipal Employees’ Federation (MEF), AFSCME Local 101, for the Term of July 1, 2021, Through June 30, 2023. Recommendation: Adopt a resolution approving the terms of a collective bargaining agreement between the City and the Municipal Employees’ Federation, AFSCME Local 101 (MEF) for the term of July 1, 2021, through June 30, 2023, and authorizing the City Manager to execute an agreement with those terms. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) Attachments Memorandum Resolution City of San José Page 14 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 3.8 21-1775 2021-2023 Information Technology Strategic Plan Report. Recommendation: As recommended by the Smart Cities and Service Improvements Committee on June 3, 2021, accept the report on the City’s proposed 2021-2023 Information Technology Strategic Plan. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Information Technology/City Manager) [Smart Cities and Service Improvements Committee referral 6/3/2021 - Item (d)1] [Deferred from 8/10/2021 - Item 3.6 (21-1712)] Attachments Memorandum Presentation est. 15 minutes Presentation, 6/3/2021 SCSIC 4. PUBLIC SAFETY SERVICES 5. TRANSPORTATION & AVIATION SERVICES 6. ENVIRONMENTAL & UTILITY SERVICES 7. NEIGHBORHOOD SERVICES 8. COMMUNITY & ECONOMIC DEVELOPMENT 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 City of San José Page 15 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 10 Land Use - Regular Agenda 10.2 21-1785 C19-016 & CP18-027 - Conforming Rezoning and Site Development Permit for Property Located on the northeast corner of Story Road and South Jackson Avenue. Recommendation: (a) Adopt a resolution adopting the Initial Study/Mitigated Negative Declaration for the Rotten Robbie on Story Road project and the associated Mitigation Monitoring and Reporting Plan, all in accordance with the California Environmental Quality Act (CEQA). (b) Approve an ordinance rezoning certain real property located on the northeast corner of Story Road and South Jackson Avenue from the CP Commercial Pedestrian Zoning District to the CN Commercial Neighborhood Zoning District on an approximately 0.53 gross acre site. (c) Adopt a resolution approving, subject to conditions, a Site Development Permit to allow the demolition of an existing approximately 1,500 square foot convenience store for the construction of an approximately 3,200 square foot convenience store and a Conditional Use Permit and Determination of Public Convenience or Necessity to allow off sale alcohol (Type 20 ABC License - Beer and Wine only) with late night use (hours of operation 5:00 am to 11:00 pm) on an approximately 0.53 gross acre site. CEQA: Initial Study/Mitigated Negative Declaration (IS/MND) for the Rotten Robbie on Story Road. Council District 5. (Planning, Building and Code Enforcement) [Continued from 6/22/2021 - Item 10.1(b) (21-1478); Deferred from 6/29/2021 - Item 10.1(b) (21-1630) and 8/3/2021 - Item 10.2 (21-1672)] Attachments Memorandum Ordinance (a) Resolution (c) Resolution • Notice of City Engineer's Pending Decision on Final Maps City of San José Page 16 Printed on 8/17/2021 City Council Amended Agenda August 17, 2021 FOR RECEIPT: Tract: 10563 Location: west side of Union Avenue, 1,070 feet northerly of Camden Avenue District: 9 Lots/Units: 43/40 (40 residential lots, 3 common lots) Type: SFD Developer: Robson Homes, LLC • 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 is adjourned in memory of Nicolas Jaramillo who served as the Career Hub Coordinator for Goodwill Silicon Valley, and was a vital partner in the All The Way Home Campaign to end veteran homelessness. A formerly homeless veteran himself, Nicolas was a role model who understood how to connect with those he served, and did so with passion, commitment, and a heart for service. Even as he built his own life, his focus on helping others served as an inspiration for all who knew him. He leaves behind a grateful community, and will be sorely missed. City of San José Page 17 Printed on 8/17/2021 City Council Amended Agenda August 17, 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 18 Printed on 8/17/2021 City Council Amended Agenda August 17, 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 19 Printed on 8/17/2021