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DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN JOSE AMENDING
SECTIONS 2.08.050, 2.08.06 0, 2.08.820, 2.08.1020,
2.08.1600, 2.08.2140, 2.08.2640, 2.08.2830, 2.08.3240, AND REPEALING SECTIONS 2.08.1 610, 2.08.1650, PART 22
AND PART 34 OF CHAPTER 2.08 OF TITLE 2 OF THE SAN
JOSE MUNICIPAL CODE TO : (1) STREAMLINE THE
APPOINTMENT PROCESS; (2) SUNSET THE
NEIGHBORHOODS COMMISSION; AND (3) DISSOLVE
THE COUNCIL APPOINTMENT ADVISORY COMMISSION
WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP17-008 (General Procedure and Policy Making); and
WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and
WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN JOSE:
SECTION 1. Section 2.08.050 of Chapter 2.08 of Title 2 of the San José Municipal Code is hereby amended to read as follows:
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2.08.050 Seat Deemed Vacant When
A. The seat of a member of any board or commission shall become vacant upon the happening of any of the following events:
1. The death of the member;
2. Insanity of the member, when determi ned by a final judgment or final order of a court of competent jurisdiction;
3. Resignation of the member;
4. The member is no longer eligible, under any of the applicable provisions of this part to hold the office;
5. Removal of the me mber from office;
6. Absence of the member from the state for more than sixty (60) days, unless either upon business of the city or with consent of the council. In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limit for absence from the state shall be extended by the council;
7. The member ceases to discharge t he duties of the office for a period of three consecutive months, except when prevented by sickness or when absent from the state with permission required by this section;
8. The member is convicted of a felony or of any offense involving a violation of his or her official duties;
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9. The refusal or neglect of the member to file an official oath or bond, if it is required by law, within the time prescribed by law;
10. The decision of a court of compet ent jurisdiction declaring void the member's election or appointment;
11. The making of an order vacating the member's office or declaring the office vacant when the member fails to furnish an additional or supplemental bond if it is required by law;
12. The commitment of the member to a hospital or sanitarium, by a court of competent jurisdiction, but in that ev ent the office shall not be deemed vacant until the order of commitment has become final;.
13. The member does not take the oath of office within 30 days of appointment.
B. In the event a vacancy should occur in the office of any member prior to the expiration of a term, the council, or the mayor if authorized by the council, shall appoint a successor for the unexpired portion of the member's term.
SECTION 2. Section 2.08.060 of Chapter 2.08 of Title 2 of the San José Municipal Code is hereby amended to read as follows:
2.08.060 Absence from Meetings - Reappointment
A. A member of any board or commission, other than the plann ing commission, the salary setting commission and the civil se rvice commission, shall be deemed to have automatically resigned from office if:
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1. The board or commission has four or fewer regular meetings in any calendar year, and the member has unexcused absences from any two consecutive regular meetings of the board or commission; or
2. The board or commission has more t han four regular meetings in any calendar year, and the member has unexcused absences from either:
a. Any three consecutive regular meetings of the board, or commission; or
b. More than twenty percent of the total number of regular meetings in any calendar year, or if the member was appointed to fill a vacancy, more than twenty percent of the to tal number of remaining regular meetings in that calendar year.
B. For purposes of this section, the fo llowing shall not be considered an unexcused absence:
1. An absence due to an illness of t he member, or illness or death of a member's spouse, domestic partner, parent, child, sibling or dependent; or
2. An absence because a member is away on authorized board or commission business provided that reasonable advance notice is given to the Secretary; or
3. For any member who is a city c ouncilmember or a city employee, an absence due to the member performing required city business provided that reasonable advance notice is given to the Chair or Secretary; or
4. An absence from a meeting of the boar d of administration for the federated city employees' retirement system or of the board of administration for the SAW:NXN:CAGJMD
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police and fire department retirement plan which the board of administration has found to be for good cause; or
5. An absence resulting fr om a meeting of the board or commission for which the board or commission has found to be for good cause.
C. Within a reasonable period, but not exceeding ten days after a member has been deemed to have resigned pursuant to this se ction, the secretar y of the board or commission shall notify the city clerk of the vacancy and the city clerk shall thereupon notify the member that the member is deemed to have resigned pursuant to this section. The city clerk s hall simultaneously notify the city council that the vacancy exists as a result of the automatic resignation.
D. Except as provided in S ubsection A. above, the provisi ons of this section shall apply to all voting members of boards and commissions established or otherwise regulated under this Chapter 2.08.
E. As used in this section, "regular meet ings" means regularly scheduled meetings of the board or commission and shall not incl ude special meetings. For purposes of this section, adjourned regular meetings or continued regular meetings shall be considered special meetings.
F. For purposes of this section, a mem ber shall be deemed absent from a meeting if the member fails to be in attendance at a regular meeting for at least one-half of the duration of the regular meeting.
G. A member whose seat has become vacant by virtue of the above provisions may be reappointed to his or her former offi ce for the balance of the member's unexpired term if the council finds t here was good excuse for the member's SAW:NXN:CAGJMD
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absence from meetings or finds that the reappointment will be in the best interests of the city.
H. In the event of a reappointment, the previous unexcused absences of the reappointed member shall not be considered in determining any future resignation of the member under this section.
SECTION 3. Section 2.08.820 of Chapter 2.08 of Title 2 of the San José Municipal Code relating to the Arts Commission is hereby amended to read as follows:
2.08.820 Number of Members
A. The Commission shall consist of eleven (11) members.
B. This subsection shall apply to the Arts Commission as of August 11, 2020. As of August 11, 2020 and until December 31, 2020, the Commission shall consist of an additional four (4) temporary nonvoting members whose terms will be from August 11, 2020 to December 31, 2020. Notwithstanding Section 2.08.840 B and Council Policy 0-4, Consolidated Policy Governi ng Boards and Commissions, these four (4) temporary nonvoting members shall be appointed by the City Council without a nomination process and may consist of former commissioners. This subsection B shall automatically sunset and have no force or effe ct after 11:59 p.m. on December 31, 2020.
SECTION 4. Section 2.08.1020 of Chapter 2.08 of Title 2 of the San José Municipal Code relating to the Board of Administration fo r the Federated City Employees’ Retirement System is hereby amended to read as follows:
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2.08.1020 Qualifications - Public Members
A. Each public member of the board appointed on or before March 31, 2011 shall reside or have a primary place of employment or business within a fifty-mile radius of San José City Hall at all times during the board member's term of office.
AB. Each public member of the board appointed on or after April 1, 2011 shall reside within a fifty-mile radius of San José City Hall at all times during the board member's term of office.
BC. Each public member of the board sha ll possess a baccalaureate degree from an accredited college or university in financ e, actuarial science, law, economics, business or other relevant field of study. An advanced degree in a relevant field of study or professional certification is desirable but not required.
CD. Each public member of the board sha ll possess a high level of knowledge and expertise, and at least twelve years experience, relevant to the administration of a public retirement plan. Knowledge and experti se relevant to the administration of a public pension system may include but is not limited to experience in: a senior executive position in pension administr ation; pension actuarial practice; institutional investment management; auditing; account ing; legal; heath and welfare and/or employee benefits management; investment management; banking; asset/liability management for an insurance company; college or university professor with a fo cus on fiduciary or trust f und law or a quantitative background in financial theory or act uarial math. Twelve years combined experience in related field may meet this requirement.
DE. The following individuals shall be ineligib le for appointment as public members of the board: current and former city employ ees; current or former elected or SAW:NXN:CAGJMD
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appointed city officials; retired members of, or persons participating in or receiving benefits from the police and fi re department retirement pl an or the federated city employees' retirement system; a represent ative from any union representing city employees; or any immediate family me mber of a city employee or persons participating in or receiving benefits from the police and fire department retirement plan or the federated city employees' retirement system.
EF. No person having a conflict of interest, si gnificant potential for conflict of interest, or appearance of conflict of interest, shall be appointed as a public member of the board. For the purpose of evaluating conflicts of interest, potential conflicts of interest and the appearance of conflict of interest of board members, all applicants for public member board positions shal l be required to pr ovide disclosure information, in such form and substance as may be required by the council, to allow council to evaluate conflicts of inte rest, significant potential for conflicts of interest, or appearance of conflicts of interest, including but not limited to disclosure of information related to inve stments, ownership of real property, employment and business positions, income sources and loans of the prospective public member applicant and members of the applicant 's immediate family.
Disclosure of such conflict of interest, significant potential for conflict of interest, or appearance of conflict of interest informati on as may be required by council shall be provided by the applicant at the time of submission of an application for a public member position on the boar d, and annually thereafter, concurrently with such conflict of interest disclosure as board members may otherwise be required by law to file.
FG. For the purpose of this Section 2.08. 1020, immediate family member means a person having any of the following relations hips to a city employee or person participating in or receiving benefits from the police and fire department retirement plan or the federated city employees' retirement system:
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1. By blood: Parent, child, grandparent, grandchild, brother, sister, nieces, nephews, uncles, aunts, great grandchildren, great grandparents.
2. By marriage: Husband, wife, stepparent, stepchild, father-in-law, mother-in- law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, half-sister, half-brother.
3. By law: Guardianship relationships and adoptive parent/child relationships.
4. Domestic partner: Individuals registered with t he human resources department and/or the State of California.
SECTION 5. Section 2.08.1600 of Chapter 2.08 of Title 2 of the San José Municipal Code relating to the Board of Fair Campaign and Political Practices is hereby amended to read as follows:
2.08.1600 Commission Established, Continuation
The San José Board of Fair Campaign and Political Practice s is hereby established as the successor to and continuation of the San José elections commission.
A. The Board of Fair Campaign and Politi cal Practices is established by Section 1001.2 of the Charter.
B. The commission's membership, terms of office, functions, powers, and duties are governed by the Charter. The Charter shall control over any inconsistent provision of this part.
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SECTION 7. Section 2.08.1610 of Chapter 2.08 of Title 2 of the San José Municipal Code is hereby repealed.
2.08.1610 Number of Members
The commission shall have five members. Mem bers shall be appointed by no less than two-thirds vote of the city council. Members of the commission shall be selected by the same procedure of application and public in terview which is utilized for the planning commission.
SECTION 8. Section 2.08.1650 of Chapter 2.08 of Title 2 of the San José Municipal Code is hereby repealed.
2.08.1650 Functions, Powers, and Duties
The commission shall have those functions, power s, and duties as set forth in Chapter
12.04. SECTION 9. Section 2.08.2140 of Chapter 2.08 of Title 2 of the San José Municipal Code relating to the Climate Advisory Commission is hereby amended to read as follows:
2.08.2140 Appointment Process
A. The members of the Clean Energy Community Advisory Commission with unexpired terms as of January 1, 2024 shall continue to serve as Climate Advisory Commissioners until their seats become vacant under Part 1 of this Chapter.
B. The Council Appointment Advisory Commiss ion shall review all applicants and make a nomination to the City Council fo r all members of the Climate Advisory SAW:NXN:CAGJMD
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Commission. If the Council Appointment Advisory Commission is unable to meet, mMembers of the Climate Advisory Commission may arebe appointed upon the Mayor's nomination to the City Council and the City Council's approval of such nomination.
SECTION 10. Part 22 entitled “Council Appoi ntment Advisory Commission” of Chapter
2.08 of Title 2 of the San José Municipal Code is hereby repealed and reserved as follows:
Part 22 RESERVEDCOUNCIL APPOINTMENT ADVISORY COMMISSION
2.08.2200 Commission Eestablished
The council appointment advisory commission is hereby established.
2.08.2210 Number of Member
The commission shall consist of eleven members.
2.08.2220 Functions, Powers and Duties
The commission shall have the following functions, powers and duties:
A. Review applications, interview applic ants and nominate for appointment by the City Council, persons to those commission s eats that have special eligibility requirements, or as otherwise set forth in this chapter.
B. Such other related duties as ma y be directed by the City Council.
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C. If the Council Appointment Advisory Commission is unable to meet, persons to those commission seats that have spec ial eligibility requirements may be appointed upon the Mayor's nomination to the City Council and the City Council's approval of such nomination.
2.08.2230 Appointment Process
All members shall be appointed in accordance with Section 2.08.180.
SECTION 11. Section 2.08.2640 of Chapter 2. 08 of Title 2 of the San José Municipal Code relating to the Histori c Landmarks Commission is hereby amended to read as follows:
2.08.2640 Appointment Process
The Council Appointment Advisory Commissi on shall review the applicants and make a recommendation to the Mayor. Members shall be appointed to the commission upon the Mayor's nomination to the City Council and the City Council's approval of such nomination. If the Council Appointment Advisory Commission is unable to meet, members shall be appointed to the commission upon the Mayor's nomination, without recommendation from the C ouncil Appointment Advisory Commission, and the City Council's approval of such nomination.
SECTION 12. Section 2.08.2830 of Chapter 2. 08 of Title 2 of the San José Municipal Code relating to the Housing and Communi ty Development Commission is hereby amended to read as follows:
2.08.2830 Appointment Process
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A. In the event that there is more than one recommended applicant for either of the seats to be filled by members meeting the special eligibility requirements set forth in Subsections 2.08.2820 A. and B., the Council Appointment Advisory CommissionMayor shall review the recommended applicants and make a recommendation to the City Council. If the Council Appointment Advisory Commission is unable to meet, in the ev ent that there is more than one recommended applicant for either of the seats to be filled by members meeting the special eligibility requirem ents set forth in Subsections 2.08.2820 A. and B., the Mayor shall review the recommended applicants and make a recommendation to the City Council.
B. The Mayor shall nominat e to the City Council the me mber, and an alternate, who is currently or was formerly homeless. The alternate member shall, in the absence of the member for whom they are an alternate, serve in place of the member on the commission, and may exercise all the rights, privileges, and powers of the member when serving on the Commission. In the event of removal, resignation, or disqualification of a mem ber, the alternate shall act as a member on the commission through the remainder of their term.
C. The remaining members shall be appointed in accordance with the provisions of Section 2.08.180.
D. The City Clerk shall im plement procedures to ensure that a sufficient number of applicants to fulfill the special eligibility criteria set forth in Section 2.08.2820 C. are recruited for nomination consistent with Section 2.08.180.
SECTION 13. Section 2.08.3240 of Chapter 2. 08 of Title 2 of the San José Municipal Code relating to the San José Library and Education Commission is hereby amended to read as follows:
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2.08.3240 Appointment Process
A. The seats to be filled by members meeting the special eligibility requirements shall be nominated by the Council Appointment Advisory Commission. If the Council Appointment Advisory Commi ssion is unable to meet, Mm embers meeting the special eligibility requirements may arebe appointed upon the Mayor's nomination to the City Council, and the City Council's approval of such nomination.
B. The remaining members shall be appointed in accordance with the provisions of Section 2.08.180.
SECTION 14. Part 34 “Neighborhoods Commission” of Title 2 of the San José Municipal Code is hereby repealed in its entirety and reserved as follows:
Part 34 RESERVEDNEIGHBORHOODS COMMISSION
2.08.3400 Commission Established; Continuation
The neighborhoods commission is hereby es tablished as the successor to and continuation of the pilot neighborhoods commission originally established in April 2008.
2.08.3410 Number of Members
The commission shall consist of twenty member s appointed by the city council with two members appointed from each of the ten council districts.
2.08.3420 Special Eligibility Requirements
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To be eligible to serve, each member of the commission must reside within the boundaries of the council district for the seat to which he or she was appointed for the duration of the term of that seat. If a member is no longer a resident of the council district, the seat will be deemed vacant.
2.08.3430 Functions, Powers and Duties
The commission shall have the following functions, powers and duties:
A. Study, review, and evaluate and make recommendations to the city council regarding issues, policies, and programs affe cting the quality of life in San José neighborhoods, focusing on neighborhood safety, trans portation, and code enforcement.
B. Advise and make recommendations to the city council regarding annual budget priorities.
2.08.3440 Appointment Process
A. Members shall be appointed by the City Council, after taking into consideration nominations provided by neighborhood groups in each council district following a caucus process.
B. For the purposes of this chapter, " neighborhood groups" means those groups that meet the definition of neighborhood groups as set forth in Planning Outreach Policy 6-30 and that are officially registered wit h the City prior to the deadline for the neighborhood groups to submit recommended names to the City Council.
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C. The caucus process shall be conduct ed in accordance with the rules developed by the commission and approved by the City Council, prior to the commencement of each selection period, as defined in Section 2.08.3450.
D. If a vacancy occurs outside of the scheduled caucus process for that district, the City Council will make an appointment based on t he recommendation of the Council Appointment Advisory Commission. If the Council Appointment Advisory Commission is unable to meet, if a vaca ncy occurs outside of the scheduled caucus process for that district, the City Council will make an appointment based on the recommendation of the councilmember for that district. A commissioner appointed in this manner will serve until the next scheduled caucus process for that district.
2.08.3450 Initial Terms
A. The initial terms for commissioners fr om odd-numbered council districts shall be effective as of July 1, 2014.
B. The initial terms for commissioners from even-numbered council districts shall be effective as of July 1, 2016.
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PASSED FOR PUBLICATION of title this _____ day of ___________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
Cit
y Clerk