CITY COUNCIL MEETING Amended Agenda |
Tuesday, March 19, 2024 1:30 PM |
LOCATION: Council Chambers - 200 E. Santa Clara Street
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Interpretation is available in Spanish and Vietnamese. In your webinar controls, select “Interpretation.” Click the language you would like to hear. (Zoom only) |
Se dispone de interpretación en español y vietnamita. En los controles de su seminario web, seleccione "Interpretation" (Interpretación). (Zoom solo) |
Thông dịch có sẵn bằng tiếng Tây Ban Nha và tiếng Việt. Trong các điều khiển hội thảo trên web của bạn, hãy chọn “Interpretation” (Phiên dịch). (Zoom chỉ một) |
Public Comment in Person Only
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MATT MAHAN, MAYOR ROSEMARY KAMEI, VICE MAYOR, 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 |
Please scroll to the end for information about the City Council Agenda and for the Rules of Conduct of the meeting. | ||||||||||
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.
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Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at [email protected] 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.
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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. Please visit https://sanjoseca.gov/your-government/appointees/city-clerk/levine-act for updated forms and information.
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How to observe the Meeting (no public comment):
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How to submit written Public Comment before the City Council Meeting:
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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) | ||||||||||
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• Call to Order and Roll Call |
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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 1:30 p.m. ‑ Regular Session, Council Chambers, City Hall |
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• Pledge of Allegiance |
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• Invocation (District 3)
San José Taiko |
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• 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. |
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• Adjournment |
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• Closed Session Report To be heard after Ceremonial Items |
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1. | CEREMONIAL ITEMS
1.1 Presentation of a commendation to Michael Brilliot, Citywide Planning Deputy Director, Planning, Building, and Code Enforcement in recognition of his service with the City since 1996, and the development of ten Neighborhood Improvement Plans as supervisor of the Strong Neighborhood Initiative team after years of work in collaboration with underrepresented communities in the City of San José. (Jimenez)
1.2 Presentation of a proclamation declaring March 19, 2024 as Nowruz to recognize and celebrate the commencement of the Persian New Year in the City of San José. (Torres) |
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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. |
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2.1 | Approval of City Council Minutes.
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2.2 | Final Adoption of Ordinances.
Recommendation: (a) Ordinance No. 31045 - An Ordinance of the City of San José Rezoning 194 Properties From R-M Multi-Family Residential Zoning District to MUN Mixed Use Neighborhood Zoning District, 135 Properties from R-M Multi-Family Residential Zoning District to UR Urban Residential Zoning District, 70 Properties from R-1-8 Single-Family Residential Zoning District to OS Open Space Zoning District, 52 Properties from R-1-8 Single-Family Residential Zoning District to R-1-2 Single-Family Residential Zoning District, 39 Properties from A Agriculture Zoning District to OS Open Space Zoning District, 39 Properties from R-1-8 Single-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, 36 Properties from R-1-5 Single-Family Residential Zoning District to OS Open Space Zoning District, 26 Properties from R-2 Two Family Residential Zoning District to MUN Mixed Use Neighborhood Zoning District, 20 Properties from R-1-1 Single-Family Residential Zoning District to OS Open Space Zoning District, 10 Properties from LI Light Industrial Zoning District to CIC Combined Industrial/Commercial Zoning District, Nine Properties from R-1-5 Single-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, Nine Properties from R-1-1 Single-Family Residential District to R-1-RR Single-Family Rural Residential Zoning District, Eight Properties from R-1-2 Single-Family Residential Zoning District to OS Open Space Zoning District, Six Properties from R-1-8 Single-Family Residential District to R-1-RR Single-Family Rural Residential Zoning District, Five Properties from A Agriculture Zoning District to PQP Public/Quasi-Public Zoning District, Five Properties from R-1-1 Single-Family Residential to PQP Public/Quasi-Public Zoning District, Five Properties from R-1-2 Single-Family Residential Zoning District to R-1-RR Single-Family Rural Residential Zoning District, Four Properties from HI Heavy Industrial Zoning District to OS Open Space Zoning District, Four Properties from R-1-5 Single-Family Residential Zoning District to R-1-2 Single-Family Residential Zoning District, Four Properties from A Agriculture Zoning District to R-1-8 Single-Family Residential Zoning District, Four Properties from IP Industrial Park Zoning District to TEC Transit Employment Center Zoning District, Three Properties from LI Light Industrial Zoning District to OS Open Space Zoning District, Three Properties from A Agriculture Zoning District to R-1-RR Single-Family Rural Residential Zoning District, Two Properties from HI Heavy Industrial Zoning District to CIC Combined Industrial/Commercial Zoning District, Two Properties from IP Industrial Park Zoning District to OS Open Space Zoning District, One Property from IP Industrial Park Zoning District to CIC Combined Industrial/Commercial Zoning District, One Property from Commercial Pedestrian Zoning District to OS Open Space Zoning District, One Property from IP Industrial Park Zoning District to PQP Public/Quasi-Public Zoning District, One Property from R-2 Two Family Zoning District to PQP Public/Quasi-Public Zoning District, One Property from R-M Multi-Family Residential Zoning District to PQP Public/Quasi-Public Zoning District, One Property from A Agriculture Zoning District to R-1-2 Single-Family Residential Zoning District, One Property from R-1-5 Single-Family Residential Zoning District to R-1-RR Single-Family Rural Residential Zoning District, and One Property from Commercial Pedestrian Zoning District to UR Urban Residential Zoning District, All Located on those Certain Real Properties Situated within the City of San José. [Passed for Publication on 3/5/2024 - Item 10.1(a) (24-73495)] |
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2.3 | Approval of Council Committee Minutes.
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2.4 | Mayor and Council Excused Absence Requests.
Recommendation: Request for an excused absence for Councilmember Davis from the Regular Meeting of City Council on March 12, 2024 due to illness. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Davis) [Rules Committee referral 3/13/2024 - Item A.1.a] |
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2.5 | City Council Travel Reports.
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2.6 | Report from the Council Liaison to the Retirement Boards.
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2.7 | San José Clean Energy Load Management Standards Compliance Plan.
Recommendation: Adopt a resolution approving and adopting the San José Clean Energy Load Management Standards Compliance Plan as required by the California Energy Commission. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Energy) |
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2.8 | Actions Related to the Purchase Order with Tucker Construction, Inc. for Concrete and Expansion Joint Maintenance and Repair Services. – DEFERRED
Recommendation: Adopt a resolution authorizing the City Manager or her designee to: (a) Amend purchase order OP 64346 with Tucker Construction, Inc. (San José, CA) for concrete and expansion joint maintenance and repair services to increase the total compensation by $150,000 for a revised maximum compensation not-to-exceed $250,000 for the period ending on June 29, 2024; and (b) Exercise up to three one-year options to extend the term of the purchase order with the last option year ending on or about June 29, 2027, subject to 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) DEFERRED TO 4/16/2024 PER ADMINISTRATION |
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2.9 | Report on Request for Proposal and Actions Related to a Purchase Order with Wordly, Inc. for an Automated Speech Translation Software.
Recommendation: Accept the report on the Request for Proposal and adopt a resolution authorizing the City Manager or her designee to: (a) Execute a purchase order with Wordly, Inc. (Los Altos, CA) to provide an automated speech translation software for the City Clerk’s Office, including related professional services such as implementation, training, maintenance, and support, for a maximum compensation not to exceed $82,000 during the initial term beginning on or about March 20, 2024 through March 31, 2024, subject to the appropriation of funds; (b) Amend the purchase order as required for any unanticipated changes such as additional software subscriptions, optional modules, integrations, and related professional services for a contingency amount not to exceed $10,000 during the initial term, subject to the appropriation of funds; (c) Negotiate and execute purchase orders for up to six one-year options to extend the term through March 31, 2030, subject to the appropriation of funds; and (d) Negotiate and execute additional purchase orders with Wordly, Inc., leveraging the same Request for Proposal results to provide automatic translation software, including related professional services such as implementation, training, maintenance, and support, for other City departments as requested, subject to the 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) |
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2.10 | Adoption of Resolutions to Consider the Establishment of 14 New Rule 20A Underground Utility Districts.
Recommendation: Adopt resolutions setting Public Hearings on Tuesday, April 9, 2024, at 1:30 p.m., to consider the establishment of the Rule 20A Underground Utility Districts along Willow Street, East San Salvador Street, Empire Street, Hensley Street, North First Street, North Second Street, North Third Street, North Fourth Street, White Road, Story Road, Felipe Avenue, Coyote Road, San Felipe Road, Branham Lane, Almaden Road, Almaden Expressway, Coleman Road, Blossom Hill Road, Snell Avenue, Saratoga Avenue, Umbarger Road, and North Taylor Street. CEQA: Categorically Exempt, File No. ER24-011, Exempt pursuant to CEQA Guidelines Section 15301(b) Existing Facilities and 15302(d) Conversion of Overhead Electric Facilities. (Public Works) |
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2.11 | State Grant and Payment Applications for CalRecycle Programs.
Recommendation: Adopt a resolution authorizing the City Manager or her designee for a period of five years, beginning March 5, 2024 through March 5, 2029, to submit grant and payment applications to the California Department of Resources Recycling and Recovery and enter into grant and payment agreements with the California Department of Resources Recycling and Recovery if the agreements are within the City Manager’s existing City Council-designated contracting authority. CEQA: Not a Project, File No. PP17-002, Grant Application with no commitment or obligation to enter into an agreement at the time of application and File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Transportation) |
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2.12 | Request for Travel Authorization for Mayor Mahan.
Recommendation: As recommended by the Rules and Open Government Committee on March 13, 2024, authorize travel for Mayor Mahan to join business tech leaders in Vancouver, Canada from April 7 to April 9, 2024. Source of Fund: Mayor’s Office Budget. 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 3/13/2024 - Item B.2] |
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2.13 | Retroactively Approval and Approval of Multiple Special Events Sponsored by Council District 4 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 March 13, 2024: (a) Retroactively approve the Berryessa Art Festival scheduled on February 14, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; (b) Approve the District 4 Santos Family Car Show scheduled on August 31, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; and (c) 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. (Cohen) [Rules Committee referral 3/13/2024 - Item B.3] |
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2.14 | Approval of Cambodian Flag Raising and Cambodian New Year City Hall Tower Lighting 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 March 13, 2024: (a) Approve the Proclamation of Cambodian New Year in San José on April 9, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; (b) Approve the Cambodian Flag Raising on April 5, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; (c) Approve the Cambodian New Year City Hall Tower Lighting from April 5, 2024, through April 12, 2024, as a City Council sponsored Special Event and approve the expenditure of funds; and (d) 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 3/13/2024 - Item B.4] |
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3. | STRATEGIC SUPPORT |
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3.1 | Report of the City Manager, Jennifer Maguire (Verbal Report)
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3.2 | Labor Negotiations Update.
Accept Labor Negotiations Update.
TO BE HEARD AT 9:30 A.M.
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3.3 | Approval of the Fiscal Year 2024-2025 Mayor's March Budget Message.
Recommendation: (a) Conduct a Public Hearing on the FY 2024-2025 Mayor’s March Budget Message. (b) Approve the FY 2024-2025 Mayor’s March Budget Message. CEQA: Not a Project, File No. PP17-010, City Organization and Administrative Activities resulting in no changes to the physical environment. (Mayor) |
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4. | PUBLIC SAFETY |
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4.1 | Cannabis Business Regulations and Annual Operating Fee Comparisons.
Recommendation: As recommended by the Public Safety, Finance and Strategic Support Committee on February 15, 2024, accept the report on how San José’s cannabis regulations compare to State of California regulations and how San José’s cannabis business annual operating fee compares to other jurisdictions. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Police) [Public Safety, Finance and Strategic Support Committee 2/15/2024 – Item (d)5] [Deferred from 3/12/2024 – Item 4.1 (24-73508] |
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5. | TRANSPORTATION & AVIATION SERVICES |
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6. | ENVIRONMENTAL & UTILITY SERVICES |
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7. | NEIGHBORHOOD SERVICES |
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8. | COMMUNITY & ECONOMIC DEVELOPMENT |
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8.1 | Housing Catalyst Team Work Plan Status Report. – TO BE HEARD CONCURRENTLY WITH ITEM 8.2
Recommendation: As recommended by the Community and Economic Development Committee on February 26, 2024, accept the status report on the work to implement the Housing Catalyst Team Work 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. (Planning, Building and Code Enforcement/Housing) [Community and Economic Development Committee referral 2/26/2024 – Item (d)1] To be heard CONCURRENTLY WITH ITEM 8.2 |
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8.2 | Acceptance of the Annual Progress Report on the Implementation of the San José General Plan Housing Element and the Housing Successor to the Redevelopment Agency Annual Report. – To be heard CONCURRENTLY WITH ITEM 8.1
Recommendation: (a) Accept the Calendar Year 2023 Annual Progress Report, the first annual report on the implementation of San José’s Sixth Cycle 2023-2031 Housing Element. (b) Accept the Fiscal Year 2022-2023 Housing Successor to the Redevelopment Agency Annual Report. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Planning, Building and Code Enforcement/Housing) To be heard CONCURRENTLY with ITEM 8.1 |
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9. | REDEVELOPMENT – SUCCESSOR AGENCY |
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10. | LAND USE |
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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. |
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10.1 | Land Use on Consent Calendar |
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No Land Use Items on Consent Calendar |
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END OF CONSENT CALENDAR |
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10. | Land Use - Regular Agenda |
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• 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. |
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• Adjournment |
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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://sanjoseca.primegov.com/public/portal?fromiframe=1 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]. |
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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: |
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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. |
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. | ||||||||||||||||||||||||||||||||||||||||||
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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. |