1 MINUTES OF THE
JOINT MEETING OF THE RULES AND OPEN GOVERNMENT COMMITTEE AND
COMMITTEE OF THE WHOLE
SAN JOSE, CALIFORNIA WEDNESDAY, NOVEMBER 1, 2023
The Committee meeting was held in a hybrid format, both in person in the Council Chambers and remote locations. The meeting convened at 2:00 p.m.
Present: Councilmembers - Jimenez, Foley, Davis, Kamei, Cohen.
Absent: Councilmembers - None.
Staff:AssistantCityManager, LeeWilcox; Assistant CityAttorney, KevinFisher; CityClerk,Joy Rodriguez;CityManager’s Office,Rachelle Blattman; andDeputyCityClerk, Daniel Aguilar.
A. City Council (City Clerk)
1. Review Final Agenda
Review November 7, 2023 Final Agenda
a. Add New Items to Final Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed) Public Comment: None provided.
Action: Upon motion by Councilmember Pam Foley, seconded by Councilmember Sergio Jimenez, and carried unanimously, the November 7, 2023 Final Agenda was approved, including the add sheet and addition of the Cities Association Vote that had been delayed. (5-0-0)
2. Review Draft Agenda
Review November 14, 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) Public Comment: Blair Beekman provided public testimony regarding the item.
Action: Upon motion by Councilmember Pam Foley, seconded by Councilmember Sergio Jimenez, and carried unanimously, the November 14, 2023 Draft Agenda was approved. (5-0-0) 2 B. Consent Calendar
Public Comment: None provided.
Action: Upon motion by Councilmember Pam Foley, seconded by Councilmember Dev Davis, and carried unanimously, the Consent Calendar was approved with the below actions taken as indicated. (5-0-0)
1. The Public Record for October 19 – October 26, 2023. (City Clerk) Receive and file the Public Record for October 19 – October 26, 2023.
Action: The Public Record for October 19 – October 26, 2023 was received and filed.
2. Retroactive Update to the August - December 2023 Community and Economic Development Committee Work Plan. (City Manager)
Retroactively approve an amendment to the August - December 2023 Community and Economic Development (CED) Committee Work Plan to drop the following item from the October 23, 2023 CED Committee meeting:
Rent Stabilization Program Strategic Plan Status Report.
Purpose: Provide a status report on the draft Rent Stabilization Program Strategic Plan including Apartment Rent Ordinance, Mobilehome Rent Ordinance, Tenant Protection Ordinance, Ellis Act Ordinance, and goals and objectives for the program over the coming years. (Housing) Action: The update to the August – December 2023 Community and Economic Development Committee work plan was retroactively approved.
3. Updates Retroactive Approval of the Various Events Sponsored by Council District 3 as City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Events. (Torres)
1. Retroactively approve the Taco Talk event scheduled on August 24, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Retroactively approve the Pizza and Policy event scheduled on September 21, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
3. Retroactively approve the San José State Homecoming Tower Lighting scheduled from October 17, 2023 to October 24, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
4. Retroactively approve the Pellier Park Grand Opening scheduled on October 18, 2023 as a City Council sponsored Special Event and approve the expenditure of funds. 3 5. Retroactively approve the First Station 8 Groundbreaking scheduled on October 19, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.
6. Approve and accept donations from variousindividuals, businesses or community groups to support the event.
7. Place the item on the November 7, 2023 Council Agenda for action.
Action: Various Events sponsored by Council District 3 were retroactively approved for placement on the November 7, 2023 City Council Agenda.
C. Rules Committee Reviews, Recommendations and Approvals
1. Development Services. (Jimenez and Davis)
Direct the City Manager to take the following actions:
1. Identify improvements in development services led by departments other than PBCE (e.g.
Fire, PRNS, Housing, Public Works). To the extent feasible, include these improvements in the PBCE Customer Service Charter - Improvement Initiatives dashboard, or in a substantially similar publicly-accessible location.
(a) Where no description is provided for a proposed improvement/initiative, add information to help the public understand what the improvement/initiative is and what it will achieve when implemented.
2. Include open audit recommendations pertaining to development services either in the Improvement Initiatives dashboard or in a new, separate dashboard.
3. Continue to solicit input from the development community and other relevant stakeholders regarding potential improvements to the City of San Jose Development Services Customer Survey.
4. Compile results from the Development Services Customer Survey and either provide information regarding survey results on the PBCE Customer Service Charter website or in periodic reports to CED. To the extent feasible, include input received through channels or venues other than the Customer Survey as well.
5. Assess the cost implications of the City’s regulatory framework (e.g. Building Code, Design Guidelines, etc.) and incorporate findings into future studies of the cost of development.
6. Evaluate the following and provide a qualitative (or, when feasible, quantitative) assessment to CED and/or the City Council through an informational memorandum:
(a) The effectiveness of existing pathways for the development community to provide constructive feedback to the City (for instance, the Developers and Construction Roundtable and any successor forum).
(b) Potential process improvements that could reduce the need for multiple rounds of review.
(c) Consistency in the citation of specific, approved regulations in comment letters during project review. Additionally, identify regulations that could be interpreted subjectively and/or regulations or guidelines that may not be strictly enforceable i. For example, provide a citation for enforceable and objective regulatory comments. Consider providing guidelines, subjectively interpreted 4 regulations, and other comments that are unenforceable in a different memo, but not in the same letter of comments
(d) The staff capacity and resource implications of initiating new or updated studies of development services (for example, the 2016 Management Partners “Development Services Cost Recovery Analysis, Process Improvements, Calculation of Unearned Revenues, and Refund Processing”).
(e) The staff capacity and resource implications of conducting an assessment of the City’s regulatory framework, including local amendments to the Building Code and Design Guidelines, with the goal to simplify or eliminate regulations that are particularly costly or burdensome to the development community. This assessment shall not occur until after Recommendation 5 has been implemented. (f) The resource implications of dedicated staffing to provide clarifications to the development community by phone rather than through formal submission of responses.
Public Comment: None provided.
Action: Upon motion by Councilmember Dev Davis, seconded by Councilmember Pam Foley, and carried unanimously, the item was deferred to next week on November 8, 2023. (5-0-0) D. Open Forum
1. Blair Beekman discussed the previous City Council Meeting, public comment, and surveillance tech on wildlife trails.
2. Brian discussed the derogatory public comments, the Clerk’s ability to stop comments, and recommended the use of email comments.
E. Adjournment
This meeting was adjourned by Chair David Cohen at 2:11 pm.
Minutes Recorded, Prepared, and Respectfully Submitted by, Daniel Aguilar,
Deputy City Clerk, City of San José
Approved at Council on: 11/19/2024
# of Actions: 4
Attest By:
Toni J. Taber, CMC
City Clerk, City of San José
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