Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
City of San José
Agenda
City of San José
200 East Santa Clara Street
San Jose, CA 95113
Committee Members
David Cohen, Chair
Pam Foley, Vice Chair
Sergio Jimenez, Member
Dev Davis, Member
Rosemary Kamei, Member
Committee Staff
Lee Wilcox, Assistant City Manager
Toni Taber, City Clerk
Nora Frimann, City Attorney
Rachelle Blattman, City Manager's Office
Hybrid Meeting - Council Chambers and Virtually -
https://sanjoseca.zoom.us/j/85991848944
Wednesday, October 4, 2023 2:00 PM
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 for items on the agenda:
1) By email to [email protected] by 9:00 a.m. the day of the meeting.
How to provide spoken Public Comment during the Committee Meeting:
City of San José Page 1 Printed on 10/4/2023
Joint Meeting for the Rules and October 4, 2023
Open Government Committee and
Committee of the Whole
Agenda
1) By phone 888 475 4499. Webinar ID: 85991848944. Click *9 to raise a hand to speak. Press *6 to unmute. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free)
2) By online https://sanjoseca.zoom.us/j/85991848944.
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 Committee Chair 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.
A. City Council (City Clerk)
1. Review Final Agenda
ROGC Review October 10, 2023 Final Agenda - Cancelled
23-345
2. Review Draft Agenda
Review October 17, 2023 Draft Agenda
a. Add New Items to Draft Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
ROGC
23-346
Attachments Agenda
Notice to the public: There will be no separate discussion of individual Consent Calendar items as they are considered to be routine and will be adopted by one motion. If a member of the Committee requests debate, separate vote or recusal on a particular item, that item may be removed from the Consent Calendar by the Chair and considered separately. The public may comment on the entire Consent Calendar and any items removed from the Consent Calendar by the Chair.
B. Consent Calendar
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Joint Meeting for the Rules and October 4, 2023
Open Government Committee and
Committee of the Whole
Agenda
The Public Record for September 21 - September 28, 2023. (City Clerk)
ROGC
23-348
1. Recommendation: Receive and file the Public Record for September 21 - September 28, 2023.
Attachments The Public Record
ROGC Monthly Report of Activities - July and August 2023. (City Clerk) 23-341
2. Recommendation: Receive and file the City Clerk's monthly report of activities for July and August 2023.
Attachments Memorandum
Set a General Plan Hearing Third Cycle for October 2023. (Planning, Building, and Code Enforcement)
ROGC
23-350
3. Recommendation: Set the General Plan Third Review Cycle of 2023 City Council hearing beginning on the afternoon of October 24, 2023, to consider a City-initiated General Plan amendment associated with amendments to the Evergreen-East Hills Development Policy as directed by the City Council as part of the General Plan Four-Year Review and amendment to the Evergreen-East Hills Traffic Impact Fee ordinance in Chapter
14.33 of Title 14 of the San José Municipal Code.
Attachments Memorandum
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Joint Meeting for the Rules and October 4, 2023
Open Government Committee and
Committee of the Whole
Agenda
Approval of Multiple District 4 Events as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. (Cohen)
ROGC
23-351
4. Recommendation: 1. Retroactively approve the District 4 Groundbreaking Ceremony for Mercado and BruzzoneParks held on Sunday, October 1, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Approve the Day on the Bay that will be held on Saturday, October 14, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
3. Approve the District 4 Pumpkin Giveaway that will be held on Wednesday, October 18, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
4. Approve the Cherrywood Elementary School Fall Festival that will be held on Friday,October 27, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
5. Approve the Halloween Spooktacular that will be held on Friday, October 27, 2023 as a CityCouncil sponsored Special Event and approve the expenditure of funds.
6. Approve and accept donations from various individuals, businesses, or community groups to support the event.
7. Place the item on the Tuesday, October 17, 2023 Council Agenda for action.
Attachments Memorandum from Cohen
Approval of the District 4 and 5 Filipino American History Month Flag Raising and Lighting Ceremony as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Cohen and Ortiz)
ROGC
23-353
5. Recommendation: 1. Approve the District 4 and 5 Filipino American History Month Flag Raising and Lighting Ceremony scheduled on October 13, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Approve and accept donations from various individuals, businesses or community groups to support the event.
3. Place the item on the Tuesday, October 17, 2023 Council Agenda for action.
Attachments Memorandum from Cohen and Ortiz
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Joint Meeting for the Rules and October 4, 2023
Open Government Committee and
Committee of the Whole
Agenda
END OF CONSENT
C. Rules Committee Reviews, Recommendations and Approvals Nomination of Grace Baptist Church for Designation as a City Landmark. (Torres)
ROGC
23-339
1. Recommendation: Agendize for discussion and consideration at an upcoming City Council meeting:
1. Nominate Grace Baptist Church for designation as a City Landmark, and
2. Direct the Director of Planning, Building and Code Enforcement or designee to complete any necessary nomination documentation and begin the process for City Landmark designation by setting a public hearing before the Historic Landmarks Commission.
Memorandum from Torres
Early Consideration Response Form, 10/4/2023
Attachments
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Joint Meeting for the Rules and October 4, 2023
Open Government Committee and
Committee of the Whole
Agenda
Shelter Crisis and Emergency on Homelessness Declaration. (Mahan, Kamei, Torres, and Cohen)
ROGC
23-352
2. Recommendation: (a) Direct the City Manager to include in the upcoming update to the Shelter Crisis and Emergency on Homelessness Declaration findings and emergency authorizations necessary to respond rapidly to the homelessness crisis, including but not limited to:
1. Demonstrating clear intent of the Council that homelessness is a City priority and that it is the intent of the Council to distribute solutions equitably across all Council Districts
2. Returning with recommendations to expedite the site selection process
3. Suspending local land use and zoning requirements for emergency interim housing, safe parking, and low-barrier immediate solutions, provided public health and safety concerns are addressed
4. Streamlining design and construction of emergency interim housing, safe parking, and other immediate solutions, while maintaining compliance with applicable state law and City Charter, such as Labor Code Sections 17.20, et al and City Charter Section 1217
5. Removing administrative and/or legal barriers to allow safe sleeping communities or managed encampments
6. Granting the City Manager authority to streamline the procurement process and flexibility to approve contracts for materials, equipment, and services
7. Providing maximum legal and administrative flexibility to streamline processes and policies governing the City's ability to stand up more low-barrier, immediate solutions to homelessness.
(b) Further, direct the City Manager to prioritize aligning City policies and procedures with state laws such as SB 35 and AB 2162 that streamline the development of permanent, 100% affordable housing projects; reduce duplicative public meeting requirements; and explore additional options to accelerate the creation and construction of affordable housing.
Memorandum from Mahan, Kamei, Torres, and Cohen
Early Consideration Response Form, 10/4/2023
Attachments
D. Open Forum
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Joint Meeting for the Rules and October 4, 2023
Open Government Committee and
Committee of the Whole
Agenda
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.
E. Adjournment
The Code of Conduct (https://www.sanjoseca.gov/home/showpublisheddocument/12901/636670004966630000) 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.
The City of San José is committed to open and honest government and strives to consistently meet the community's expectations by providing excellent services, in a positive and timely manner, and in the full view of the public. The City Code of Ethics may be viewed online.
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 San José City Hall, Office of the City Clerk, 200 E. Santa Clara Street, 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body.
To request an accommodation or alternative format for City-sponsored meetings, events or printed materials, please call the Office of the City Clerk 408-535-1260 as soon as possible, but at least three business days before the meeting/event.
Access the video, the agenda and related reports for this meeting by visiting the City's website.
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