MINUTES OF THE JOINT MEETING OF THE RULES AND OPEN GOVERNMENT COMMITTEE AND COMMITTEE OF THE WHOLE SAN JOSE, CALIFORNIA WEDNESDAY, SEPTEMBER 30,2015

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1 Council Agenda: October 20, 2015 Item No: 2.3(c) CITY OF SAN JOSE CAPITAL OF SILICON VALLEY MINUTES OF THE JOINT MEETING OF THE RULES AND OPEN GOVERNMENT COMMITTEE AND COMMITTEE OF THE WHOLE SAN JOSE, CALIFORNIA WEDNESDAY, SEPTEMBER 30,2015 The Joint Meeting of the Rules and Open Government Committee and Committee of the Whole of the City of San Jose convened in Regular Session at 2:02 p.m. in Committee Rooms , Council Wing, City Hall. PRESENT: ABSENT: STAFF: Vice Mayor Rose Herrera, Vice Chair; Council Member Johnny Khamis, Council Member Chappie Jones and Council Member Magdalena Carrasco, Members. Mayor Sam Liccardo. (Excused) City Attorney Richard Doyle, Assistant City Manager David Sykes, City Clerk Toni J. Taber, Agenda Services Manager Gloria Schmanek, Mayor's Assistant Margaret Le and Deputy City Clerk Susan M. Davis. ORDERS OF THE DAY Vice Mayor Rose Herrera announced that Item G.2 Crime Free Multi-Housing Program will be deferred one week for discussion and action. Vice Mayor Herrera pointed out that the Committee will hear public testimony on the item later this afternoon. Magdalena Carrasco and carried unanimously, Item G.2 was deferred to the October 7, 2015 Rules and Open Government Committee Meeting. ( Absent: Liccardo.) A. City Council (City Clerk) 1. Review October 06,2015 Final Agenda a. Add new items to Final Agenda b. Assign "Time Certain" to Agenda Items (if needed) c. Review of Notice Waiver Requests for Agenda Items or Documents (if needed) Access the video, the agenda and related reports for this meeting by visiting the City's website at For information on any ordinance that is not hyperlinked to this document, please contact the Office of the City Clerk at (408)

2 A. 1. Review October 06,2015 Final Agenda. (Cont'd.) Public Comments: David Wall presented his views on various items of the October 06, 2015 Agenda. Magdalena Carrasco and carried unanimously, the Committee accepted the October 06, 2015 Final Agenda, as amended, including the 9:00 a.m. start time, Not To Be Heard Before 3:00 p.m. was added to Item 3.8 and the 7-day noticing requirement was waived on the legal documents for Item 4.3. ( Absent: Liccardo.) A. 2. Review October 13,2015 Draft Agenda a. Add new items to Draft Agenda b. Assign "Time Certain" to Agenda Items (if needed) c. Review of Notice Waiver Requests for Agenda Items or Documents (if needed) The October 13, 2015 Meeting was canceled. B. Review of Upcoming Study Session Agendas There were none presented. C. Legislative Update 1. State 2. Federal There was no Legislative Update. D. Meeting Schedules 1. Release of date for Study Session. (City Manager) Recommend release of date held for a Study Session on October at 1:30 p.m. - 4;30 p.m. Johnny Khamis and carried unanimously, the Committee released the date for a Study Session on October 09,2015. ( Absent: Liccardo.) E. The Public Record Documents Filed: Memorandum from City Clerk Toni J. Taber, dated September 25, 2015, transmitting the Public Record for the Week of September 18 - September 24, September 30, 2015

3 The Public Record (Cont'd.) Public Comments: David Wall expressed concern about the misuse of Capital Fund 512 for the San Jose/Santa Clara Water Pollution Control Plant. Magdalena Carrasco and carried unanimously, the Committee noted and filed the public record. ( Absent: Liccardo.) Boards, Commissions and Committees 1. Appointments. a. Process to Fill an Unanticipated Vacancy on the Police and Fire Department Retirement Plan Board. (City Clerk) (1) Direct the City Clerk to initiate the appointment process for the unanticipated, unscheduled vacancy for a police department employee member on the Police and Fire Department Retirement Plan Board of Administration to appoint a City police department employee to the end of the resigned member's term, November 30,2017. (2) Forward the recommendation to the full Council for action on October 6,2015. b. Work2Future Board Appointments. (Mayor) Receive a report on the Mayor's appointments to the work2future Board: (1) Blanca R. Gomez, Wells Fargo (2) David Wahl, Jabil Circuit Documents Filed: (1) Memorandum from City Clerk Toni J. Taber, CMC, dated September 25, 2015, recommending a process to fill an unanticipated vacancy on the Police and Fire Department Retirement Plan Board and to forward the item to the full Council for action on October 06, (2) Memorandum from Mayor Sam Liccardo, dated September 24, 2015, recommending that the Rules and Open Government Committee receive the report on the Mayor's appointments to the Work2Future Board. Johnny Khamis and carried unanimously, the Committee received the Mayor's report, accepted the Staff recommendations and added the items to the October 06, 2015 Agenda. ( Absent: Liccardo.) 2. Work Plans and Annual Reports. a. Addition of Topic for Discussion and Possible Action to the Airport Commission Agenda. (Airport) Add as an item the following topic for discuss and possible action to the Airport Commission Agenda of November 16, 2015: Status and Possible Recommendation for Airline Lease Agreement. -3- September 30, 2015

4 F. 2. Work Plans and Annual Reports. (Cont'd.) Documents Filed: Memorandum from Director of Aviation Services Kimberly J. Becker, dated September 23, 2015, recommending adding the Status and Possible Recommendation for Airline Lease Agreement to the November 16,2015 Agenda. Public Comments: David Wall voiced comments about the status and recommendations for the Airline Lease Agreement.. Action: Upon motion by Council Member Johnny Khamis, seconded by Council Member Magdalena Carrasco and carried unanimously, the Committee added the item to the November 16, 2015 Agenda. ( Absent: Liccardo.) G. Rules Committee Reviews, Recommendations and Approvals 1. Consent Calendar There were no Consent Calendar items. G. 2. Crime Free Multi-Housing Program. (Khamis/T. Nguyen) a. Direct the City Manager to report out, at the October 6, 2015 City Council meeting, on progress toward the implementation of an opt-in Crime Free Multi-Housing Program to be supported by the San Jose Police Department (SJPD). b. Place the item on the October 14, 2015 Neighborhoods Commission agenda for review so that they may provide feedback to the City Council. c. Place the Crime Free Multi-Housing Program implementation plan on the October 27,2015 Council Agenda for discussion and action. Documents Filed: (1) Memorandum from Council Member Johnny Khamis and Council Member Tarn Nguyen, dated September 24, 2015, providing recommendations to the Rules and Open Government Committee as stated above. (2) Letter from Senior Attorney Nadia Aziz and Directing Attorney Kyra Kazantzis, the Law Foundation of Silicon Valley, dated September 30, 2015, expressing concern about the Crime Free Multi- Housing Program. Vice Mayor Rose Herrera reiterated that the Crime Free Multi-Housing Program was deferred to the October 7, 2015 Rules and Open Government Committee. -4- September 30, 2015

5 G. 2. Crime Free Multi-Housing Program. (Cont'd.) Public Comments: The following speakers expressed concern, opposition and support to the Crime Free Multi-Housing Program and the memorandum from Council Member Johnny Khamis and Council Member Tarn Nguyen. Dana Burnett, Kids in Common; Reverend Jeff Moore, Mariel Block and Nadia Aziz, Law Foundation of Silicon Valley; Juanita Meyers, Bob Brownstein, David Wall, Shaunn Cartwright, Maria Noel Fernandez, Working Partnerships USA; Lisa Castellanos, Sacred Heart; Lannie, Roberta Moore and Robert Aguirre. G. 3. Urban Agriculture Incentive Zones. (Mayor/Peralez/Carrasco) a. Direct staff to bring forward an Urban Agriculture Incentive Zone (UAIZ) ordinance, similar to Santa Clara County Ordinance No. NS , with exploration of the following revisions: (1) Include an early cancellation fee for landowners who choose to void their 5-year land use commitment and require a minimum 3-month eviction notice from the landowner to the community members utilizing the land to ensure that they have adequate time to vacate the location. (2) Designate any collected fees to support local urban agriculture programs and services. Documents Filed: (T) Memorandum from Mayor Sam Liccardo and Council Members Peralez and Carrasco, dated September 24, 2015, providing recommendations to the Rules and Open Government Committee for approval as stated above. (2) Letter from Eli Zigas, Food and Agriculture Policy Director, SPUR, dated September 29, 2015, expressing support to the proposal to draft an Urban Agriculture Incentive Zone ordinance. Director of Planning, Building and Code Enforcement Harry Freitas presented background information regarding the Urban Agriculture Incentive Zones. Vice Mayor Rose Herrera requested the Committee bring this item back to the Rules and Open Government Committee for discussion and action next week. Vice Mayor Rose Herrera left the Rules and Open Government Committee meeting to attend the opening of the League of California Cities Annual Conference at McEnery Convention Center. City Attorney Richard Doyle pointed out that he would review the ordinance, assess the County's efforts and return in one week to provide a verbal report regarding the County unincorporated areas. Council Member Johnny Khamis opened the floor for public testimony. -5- September 30, 2015

6 3. Urban Agriculture Incentive Zones. (Cont'd.) Public Comments: The following speakers expressed support to the Urban Agriculture Incentive Zone agriculture programs and services: Martha Barahona, Lorinna Farfan, Pam Oliverio, La Mesa Verde; Shreya Condamoor, Jamie Chen, Tori Truscheit, Jacky Rivera, Sacred Heart; Mary Helen Doherty, Healthy Food Partner Collaborative and Zack Lewis, Garden to Table. David Wall expressed opposition to the Urban Agriculture Plan. Action: Upon motion by Council Member Magdalena Carrasco, seconded by Council Member Chappie Jones and carried unanimously, the Committee directed the City Attorney to return in one week with a verbal report. Item G.3 was deferred to the October 14, 2015 Rules and Open Government Committee, with Staff directed to look at a two phased approach, and if the item should be recommended to be placed on Priority Setting. ( Absent: Herrera; Liccardo.) Review of additions to Council Committee Agendas/Work Plans 1. Community and Economic Development Committee 2. Neighborhood Services and Education Committee 3. Transportation and Environment Committee 4. Public Safety, Finance and Strategic Support Committee 5. Joint Meeting of the Rules and Open Government Committee and Committee of the Whole There were none presented. Open Government 1. Appeals of Public Records Act Request Documents Filed: Memorandum from Director of Communications David Vossbrink, dated September 18, 2015, recommending acceptance of the report on the status of Josh Koehn's public records appeal. Council Member Johnny Khamis opened the floor for public testimony. Public Comments: David Wall voiced issues that have surfaced regarding the misuse of the City's system. Magdalena Carrasco and carried unanimously, the report was accepted. ( Absent: Herrera; Liccardo.) -6- September 30, 2015

7 OPEN FORUM (1) Susan Landry provided an update on her success in receiving five project building permits for four different marijuana collectives. (2) Blair Beekman suggested an open and transparent process for cell phone towers and the UAS Drone Program. (3) David Wall expressed opposition to the gentrification of the City of San Jose. (4) Lucy Haab, Executive Office Manager, San Jose Musical Theatre, presented information about the existence of this newly formed group and requested the support of the Council to assist in locating a theatre that is affordable to rent. ADJOURNMENT Council Member Johnny Khamis adjourned the meeting at 3:38 p.m. Rules and Open Government Committee RH/smd Access the video, the agenda and related reports for this meeting by visiting the City's website at For information on any ordinance that is not hyperlinked to this document, please contact the Office of the City Clerk at (408) September 30, 2015