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Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
February 4, 2026

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Agenda
Meeting
February 4, 2026
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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
Rosemary Kamei, Vice Chair
Pam Foley, Member
Bien Doan, Member
Domingo Candelas, Member
Committee Staff
Lee Wilcox, Assistant City Manager
Joy Rodriguez, Assistant City Clerk
Kevin Fisher, Assistant City Attorney
Rachelle Blattman, City Manager's Office
Wednesday, February 4, 2026 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: 941 1478 1397. 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/94114781397
Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 16+. Certain functionality may be disabled in older browsers including Internet Explorer.

How to submit written Public Comment for items on the agenda:
1) By email to [email protected] by 8:00 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 2/4/2026
Joint Meeting for the Rules and February 4, 2026
Open Government Committee and
Committee of the Whole
Agenda
A. City Council (City Clerk)

1. Review Final Agenda
Review February 10, 2026 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
26-043
Agenda
Add Sheet
Attachments

2. Review Draft Agenda
ROGC Review February 17, 2026 Draft Agenda. - Cancelled 26-044
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
The Public Record for January 22, 2026 - January 29, 2026. (City Clerk)
ROGC
26-045

1. Recommendation: Receive and file the Public Record for January 22, 2026 - January 29, 2026.

Attachments The Public Record
City of San José Page 2 Printed on 2/4/2026
Joint Meeting for the Rules and February 4, 2026
Open Government Committee and
Committee of the Whole
Agenda
Retroactive Approval of the SJ26 and Bay Area Host Committee Flag Raising Sponsored by the Office Of Mayor Matt Mahan as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Mayor) ROGC
26-052

2. Recommendation: 1. Retroactively approve the SJ26 and Bay Area Host Committee Flag Raising scheduled on February 3, 2026 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 February 10, 2026 City Council Agenda for action.

Attachments Memorandum from Mayor

END OF CONSENT
C. Rules Committee Reviews, Recommendations and Approvals Exploration of a Scaled Development Fee Framework and Deferred Development Impact Fees. (Ortiz, Cohen, Mulcahy, and Casey) -

DEFERRAL REQUESTED PER ADMINISTRATION
ROGC
26-049

1. Recommendation: Direct the City Manager to:

1. Evaluate and return to Council with options for a scaled development fee framework that aligns development fees with project characteristics such as size, affordability, public benefit, and location;

2. Develop a deferred Development Impact Fee (DIF), Public Works Offsite Fee, and other eligible project-related fee payment programs that allow projects to remit these fees at Certificate of Occupancy instead of at earlier entitlement or permitting stages; and

3. Explore aligning the City's Notice of Funding Availability cycle with the State's Business Cycle including but not limited to providing preliminary letters of commitment at time of application for funding that are subject to final Council approval.
[Referred from 1/21/26 - Item C.1 (ROGC 26-028)]

DEFERRAL REQUESTED PER ADMINISTRATION
Attachments Memorandum from Ortiz, Cohen, Mulcahy, and Casey City of San José Page 3 Printed on 2/4/2026
Joint Meeting for the Rules and February 4, 2026
Open Government Committee and
Committee of the Whole
Agenda
Support and Collaboration on AB 1633 (Private Detention Facility Tax Law). (Ortiz, Campos, Candelas, Cohen)
ROGC
26-050

2. Recommendation: Request the City Council adopt a position of support for the intent and policy direction of Assembly Bill 1633 (Haney), as introduced on January 26, 2026, as well as similar legislation that advances the same goals, and authorize City staff to take advocacy actions consistent with that intent, including drafting and submitting letters of support and coordinating with the author’s office regarding a potential City sponsorship role.

Attachments Memorandum from Ortiz, Campos, Candelas, and Cohen 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 $500 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 4 Printed on 2/4/2026

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