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Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
August 14, 2024

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Agenda
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August 14, 2024
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Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
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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
Wednesday, August 14, 2024 2:00 PM Council Chambers
For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105 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
4) By phone 888 475 4499. Webinar ID: 964 4134 2315. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free) 5) By online https://sanjoseca.zoom.us/j/96441342315.

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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:

Fill out a Yellow Speaker's Card and submit it to boxes at the bottom of the Chambers.

City of San José Page 1 Printed on 8/14/2024
Joint Meeting for the Rules and August 14, 2024
Open Government Committee and
Committee of the Whole
Agenda
A. City Council (City Clerk)

1. Review Final Agenda
Review August 20, 2024 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)
ROGC
24-654
Agenda
Add Sheet
Attachments

2. Review Draft Agenda
Review August 27, 2024 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
24-655
Attachments Agenda
Agenda to be posted on the day of the meeting.

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
ROGC The Public Record for August 1 - August 8, 2024. (City Clerk) 24-645

1. Recommendation: Receive and file the Public Record for August 1 - August 8, 2024.

Attachments The Public Record
City of San José Page 2 Printed on 8/14/2024
Joint Meeting for the Rules and August 14, 2024
Open Government Committee and
Committee of the Whole
Agenda
Update to the August - December 2024 Community and Economic Development Committee Work Plan. (City Manager)
ROGC
24-657

2. Recommendation: Approve an amendment to the August - December 2024 Community and Economic Development Committee Work Plan to drop the following item from the August 26, 2024, Community and Economic Development Committee meeting agenda.

Berryessa Flea Market Status Report.

Purpose: Provide a status report on the redevelopment of the Berryessa Flea Market, as well as the Flea Market Advisory Group and Vendor Transition Fund, consistent with City Council direction provided in June 2021. (Economic Development and Cultural Affairs/Planning, Building and Code Enforcement)
Attachments Memorandum
ROGC Monthly Report of Activities for June and July 2024. (City Auditor) 24-646

3. Recommendation: Approve the Auditor’s Office Monthly Report of Activities for the months of June and July 2024.

Attachments Memorandum
ROGC City Auditor’s FY 2024-25 Work Plan. (City Auditor) 24-647

4. Recommendation: Review and approve the City Auditor’s Fiscal Year (FY) 2024-25 Work Plan.

Attachments Memorandum
City of San José Page 3 Printed on 8/14/2024
Joint Meeting for the Rules and August 14, 2024
Open Government Committee and
Committee of the Whole
Agenda
Updates to the August-December 2024: 1) Public Safety, Finance and Strategic Support Committee Work Plan, and 2) Neighborhood Services and Education Committee Work Plan. (City Auditor) ROGC
24-648

5. Recommendation: 1) Add the following item to the September 19, 2024, Public Safety, Finance and Strategic Support (PSFSS) Committee agenda.

Encumbrances Audit Report.

Purpose: Provide a report on an audit of compliance with the City’s Encumbrance Policy. (City Auditor)
2) Add the following item to the November 14, 2024, Neighborhood Services and Education (NSE) Committee Agenda.

Access To and Use of Neighborhood Blight Programs by
Traditionally Marginalized Communities Audit Report.

Purpose: Provide a report on an audit of access to neighborhood blight programs by traditionally marginalized communities. (City Auditor)
3) Drop the following item from the December 5, 2024, Public Safety, Finance and Strategic Support (PSFSS) Committee agenda.

Access to Critical Services by Traditionally Marginalized Communities Audit Report.

Purpose: Provide a report on the Access to Critical Services by Traditionally Marginalized Communities audit. (City Auditor) Attachments Memorandum
Approval to Expend City Funds and Authorization to Accept Donations for the Silicon Valley Pride Parade and Festival. (City Clerk)
ROGC
24-649

6. Recommendation: 1. Approve the expenditure of City funds for the Silicon Valley Pride Parade and Festival, scheduled for August 24-25, 2024.

2. Approve and accept donations from various individuals, businesses, or community groups to support the event.

3. Place the item on the August 20, 2024 Council Agenda for action.

Attachments Memorandum
City of San José Page 4 Printed on 8/14/2024
Joint Meeting for the Rules and August 14, 2024
Open Government Committee and
Committee of the Whole
Agenda
Approval of a Conversation with Author Karla Cornejo Villavicencio Sponsored by Council District 1 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Kamei)
ROGC
24-650

7. Recommendation: 1. Approve the Conversation with Author Karla Cornejo Villavicencio scheduled on November 14, 2024 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 August 20, 2024 Council Agenda for action.

Attachments Memorandum from Kamei
Approval of Disability Awareness Day 2024 Sponsored by Council District 1 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Kamei)
ROGC
24-651

8. Recommendation: 1. Approve the Disability Awareness Day 2024 scheduled on October 10, 2024, 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 August 27, 2024 Council Agenda for action.

Attachments Memorandum from Kamei
Approval of San José State University Annual Flag Raising Ceremony Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Torres)
ROGC
24-658

9. Recommendation: 1. Approve the San José State University Annual Flag Raising Ceremony scheduled on August 26, 2024 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 August 20, 2024 Council Agenda for action.

Attachments Memorandum from Torres

END OF CONSENT
City of San José Page 5 Printed on 8/14/2024
Joint Meeting for the Rules and August 14, 2024
Open Government Committee and
Committee of the Whole
Agenda
C. Rules Committee Reviews, Recommendations and Approvals ROGC Public Records Appeal - San Jose/Silicon Valley NAACP. 24-656

1. Recommendation: Partially deny the appeal from the San Jose/Silicon Valley NAACP regarding the City’s response to its Public Records Act request as the City has provided part of the requested information.

Attachments Memorandum
City of San José Page 6 Printed on 8/14/2024
Joint Meeting for the Rules and August 14, 2024
Open Government Committee and
Committee of the Whole
Agenda
Development Process and CEQA Improvements. (Mayor, Jimenez, and Davis)
ROGC
24-659

2. Recommendation: Direct the City Manager and the City Attorney to take the following actions:
1) Prepare a presentation to the Community and Economic Development Committee (CED), to be heard no later than Q2 2025, that includes the following:
a) A summary of findings from any previously collected
stakeholder input regarding the CEQA environmental review process, along with peer city metrics for timing for key review elements and other relevant benchmarks.
b) Overview and explanation of the CEQA process, including:
i) The procedures used for determining whether a project is exempt from CEQA, and whether San Jose’s process differs in a meaningful way from our municipal peers.
ii) A progress report regarding implementation of the
recommendations from the 2022 audit of Environmental Review for New Development.
iii) Options or recommendations that could allow for more projects to be determined eligible for CEQA exemptions. c) Opportunities for the Planning, Building and Code Enforcement Department (PBCE) to engage the City Attorney’s Office (CAO) to further streamline the CEQA process for projects, including reducing thresholds for impacts and standardizing mitigations for projects in our downtown and urban villages.
2) Prepare a City Manager's Budget Addendum (MBA) in the next budget cycle with:
a) An overview of workload and workflow in the context of the current cost recovery model.
b) Recommendations for a phased increase in general funding to PBCE for work currently not included in the cost recovery model as implemented. Such work may regard, but is not limited to customer service, policy work, and city council inquiries.

Memorandum from Mayor, Jimenez, and Davis
Document Received During Meeting
Attachments
D. Open Forum
City of San José Page 7 Printed on 8/14/2024
Joint Meeting for the Rules and August 14, 2024
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 Committee.

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.

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://www.sanjoseca.gov/your-government/appointees/city-clerk/levine-act for updated forms and information.

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.

City of San José Page 8 Printed on 8/14/2024

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