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Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
September 4, 2024

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Agenda
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September 4, 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, September 4, 2024 2:00 PM Council Chambers
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How to submit written Public Comment for items on the agenda:
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City of San José Page 1 Printed on 9/5/2024
Joint Meeting for the Rules and September 4, 2024
Open Government Committee and
Committee of the Whole
Agenda
A. City Council (City Clerk)

1. Review Final Agenda
Review September 10, 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
24-672
Attachments Agenda

2. Review Draft Agenda
Review September 17, 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
24-673
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
ROGC The Public Record for August 22 - August 29, 2024. (City Clerk) 24-675

1. Recommendation: Receive and file the Public Record for August 22 - August 29, 2024.

Attachments The Public Record
ROGC Release Date for Study Session. (City Manager)
24-679

2. Recommendation: Recommend release of date held for a Study Session on Thursday, September 26, 2024.

City of San José Page 2 Printed on 9/5/2024
Joint Meeting for the Rules and September 4, 2024
Open Government Committee and
Committee of the Whole
Agenda
ROGC Monthly Report of Activities for August 2024. (City Auditor) 24-674

3. Recommendation: Approve the Auditor's Office Monthly Report for the month of August 2024.

Attachments Memorandum
Update to the August - December 2024 Transportation and Environment Committee Work Plan. (Environmental Services) ROGC
24-678

4. Recommendation: Approve an amendment to the August - December 2024 Transportation and Environment Committee Work Plan to drop the following item from the October 7, 2024 Transportation and Environment Committee meeting agenda.

Climate Smart San José Zero Waste Element Status Report.

Purpose: Provide a status report on the Zero Waste Element strategy as part of Climate Smart San José. (Environmental Services) Attachments Memorandum
Update to the August - December 2024 Neighborhood Services and Education Committee Work Plan. (Davis)
ROGC
24-681

5. Recommendation: Approve an amendment to the August-December Neighborhood Services and Education Committee Work Plan to add a Joint Special Meeting of the City of San José Neighborhood Services and Education Committee and the County of Santa Clara Children, Seniors and Families Committee on the Blue Zones Readiness Assessment on Monday, September 16, 2024 at 10:00 a.m. in the City Council Chambers.

SEPTEMBER 16, 2024 (10:00 A.M.) SPECIAL JOINT MEETING OF THE CITY OF SAN JOSÉ NEIGHBORHOOD SERVICES AND

EDUCATION COMMITTEE AND COUNTY OF SANTA CLARA

CHILDREN, SENIORS AND FAMILIES COMMITTEE

1. Blue Zones Readiness Assessment Report.

Purpose: Provide the Blue Zones Readiness Assessment Report. (City Manager)
Attachments Memorandum from Davis
City of San José Page 3 Printed on 9/5/2024
Joint Meeting for the Rules and September 4, 2024
Open Government Committee and
Committee of the Whole
Agenda
Retroactive 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. (Cohen)
ROGC
24-677

6. Recommendation: 1. Retroactively approve the District 4 CERT Meet & Greet Event scheduled on August 22, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

2. Approve the District 4 Annual Pumpkin Giveaway scheduled on October 21, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

3. Approve the District 4 Christmas in the Park Event scheduled on December 12, 2024, as a City Council sponsored Special Event and approve the expenditure of funds.

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

5. Place the item on the September 10, 2024, Council Agenda for action.

Attachments Memorandum from Cohen
Retroactively Approve the Vigil for Fallen Community Service Officer, Long Pham, Sponsored by Council District 7 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Doan)
ROGC
24-680

7. Recommendation: 1. Retroactively approve the Vigil for Fallen Community Service Officer, Long Pham, scheduled on August 22, 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 September 10, 2024, Council Agenda for action.

Attachments Memorandum from Doan

END OF CONSENT
C. Rules Committee Reviews, Recommendations and Approvals City of San José Page 4 Printed on 9/5/2024
Joint Meeting for the Rules and September 4, 2024
Open Government Committee and
Committee of the Whole
Agenda
Development Process and CEQA Improvements. (Mayor, Jimenez, and Davis)
ROGC
24-676

1. 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.
[Continued from 8/14/2024 - Item C.2 (ROGC 24-659)]
Memorandum from Mayor, Jimenez, and Davis
Workload Analysis
Letter from the Public
Attachments
City of San José Page 5 Printed on 9/5/2024
Joint Meeting for the Rules and September 4, 2024
Open Government Committee and
Committee of the Whole
Agenda
Request to Add Ordinance Amending Municipal Code to Prohibit the Sale or Use of Algorithmic Devices to Set Rents or Manage Occupancy Levels for Residential Dwelling Units Located in San Jose to City Council Meeting Agenda of September 10, 2024. (Ortiz, Torres, and Cohen)
ROGC
24-682

2. Recommendation: 1. Consider an ordinance prohibiting the sale or use of algorithmic devices to set rents or manage occupancy levels for residential dwelling units in San José.

2. Add the draft ordinance of the City Council of the City of San José amending Municipal Code to prohibit the sale or use of algorithmic devices to set rents or manage occupancy levels for residential dwelling units located in San José to the City Council Agenda for its regular meeting of September 10, 2024.

Memorandum from Ortiz, Torres, and Cohen
Document presented by Councilmember Ortiz
Letter from the Public
Attachments
D. 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 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.

City of San José Page 6 Printed on 9/5/2024
Joint Meeting for the Rules and September 4, 2024
Open Government Committee and
Committee of the Whole
Agenda
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City of San José Page 7 Printed on 9/5/2024

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