Joint Rules and Open Government Committee and Committee of the Whole Meeting - May 28, 2025

The meeting was convened at 2:00 PM and adjourned at 2:37 PM. The committee reviewed final and draft agendas for upcoming City Council meetings, approved consent calendar items, and discussed a proposed temporary moratorium on new smoke shops in San José.

Consent Calendar

• Received and filed the Public Record for May 15–22, 2025.
• Authorized travel for Mayor’s staff (Michael Lomio and Stephen Caines) to attend the Harvard Young American Leaders Program in Cambridge, Massachusetts, from June 24–27, 2025.
• Approved free use and funding for the Silicon Valley Pride 50th Anniversary event on August 29, 2025, and accepted donations. The item was placed on the June 3, 2025 City Council agenda for action.

Public Comments & Testimony

• Blair Beekman spoke on several items: regarding the June 3 agenda, he expressed concerns about electronic billboards and smart kiosks, urging transparent public engagement on technology. On the June 10 agenda, he commented on the code of conduct for encampments, referencing challenges in San Diego and advocating for humane enforcement. During Open Forum, he discussed homeless issues and the need for responsible technology governance.
• Darcy Green (Executive Director, Latinas contra Cancer, East San José resident) spoke in strong support of the smoke shop moratorium. She noted that East San José has more than double the county average of tobacco retailers and that cancer remains the leading cause of death for Latinos, drawing a connection to the concentration of smoke shops.
• Danny Garza (community leader and advocate) spoke in strong support of the moratorium. He described his grandson’s experience at San José High School with vaping and smoking, and called for action to protect youth and seniors.

Discussion Items

• Review of June 3, 2025 Final Agenda: Chair Cohen reviewed items including consent pages and public hearings. The agenda included a sunshine waiver for item 8.3 (Consolidated Plan FY 2025-26). Public comment was heard. Motion to adopt the agenda with the sunshine waiver carried 5-0.
• Review of June 10, 2025 Draft Agenda: The agenda includes a closed session at 9:30 AM, regular session at 11:00 AM, and an evening session at 6:00 PM. Discussion focused on ordering items to balance the workload. Staff agreed to review the order. Public comment was heard. Motion to adopt the draft agenda carried 5-0.
• Temporary Moratorium on Smoke Shops (ROGC 25-197): Councilmember Ortiz introduced the item, stating it is a pause not a ban, to address overconcentration of smoke shops in neighborhoods like East San José. A Santa Clara County report found East San José has twice as many smoke shops as any other area. Cancer is a leading cause of death for Latinos. Staff reported that this fiscal year there were 18 new applications and 14 cancellations; total businesses dropped from 600 to 575 after the flavored tobacco ban. Councilmember Doan asked about Richmond’s 45-day moratorium model. Staff indicated they would look to peer cities. The committee agreed to refer the matter to staff for a workload analysis, to return in two weeks.

Key Outcomes

• June 3, 2025 Final Agenda adopted with sunshine waiver (5-0).
• June 10, 2025 Draft Agenda adopted (5-0).
• Consent Calendar adopted (5-0).
• Motion passed to refer the temporary smoke shop moratorium to staff for a workload analysis; item to return to Rules Committee in two weeks (5-0).
• Meeting adjourned at 2:37 PM.