Joint Rules and Open Government Committee and Committee of the Whole Meeting - June 11, 2025
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Joint Rules and Open Government Committee and Committee of the Whole Meeting - June 11, 2025
The Rules and Open Government Committee (ROGC) met jointly with the Committee of the Whole on Wednesday, June 11, 2025, at 2:01 p.m. in Council Chambers. The committee reviewed the final agenda for the June 17, 2025 City Council meeting, approved a consent calendar of 12 items, considered the reappointment of the City Auditor, and debated a temporary moratorium on smoke shops. The meeting adjourned at 2:53 p.m.
Final Agenda Review (June 17, 2025)
- The committee reviewed the final agenda for the June 17, 2025 City Council meeting. Members agreed to set the regular session start time at 11:00 a.m., move invocations and ceremonial items to 11:00 a.m., and conduct item 8.5 (ballot counting) prior to item 8.1 to avoid delays. The motion carried 4-0 (Councilmember Doan absent).
Consent Calendar
- Items Approved (4-0): The consent calendar contained 12 items, including approvals of public records, meeting schedules for FY2025-2026, committee work plans (Community and Economic Development, Transportation and Environment, Public Safety Finance and Strategic Support, Neighborhood Services and Education, Rules and Open Government), the Auditor’s Monthly Report for May 2025, a travel authorization for the Mayor’s staff member Jessica Barriga, and retroactive approvals for special events and raffle prizes in Districts 5, 7, and 8. A motion to approve the consent calendar carried 4-0.
Public Comments & Testimony
- Jordan Mullale (District 3) spoke under consent calendar item B4 (Transportation and Environment Committee Work Plan). He expressed support for the committee’s commitment to Vision Zero and climate smart initiatives but noted that the Transportation and Environment Committee (TNE) lacked a "City Council Focus Area Status Report" unlike other committees. He suggested incorporating outcome measures related to Vision Zero, traffic safety, and the Move San José plan, and requested that future focus area revisions include a climate or Vision Zero measure owned by TNE. Chair Cohen agreed to consider the suggestions.
- Jordan Mullale (District 3) spoke under the reappointment of the City Auditor, stating "Joe and his team do great work, and I'm happy to support the reappointment."
- Jordan Mullale (District 3) spoke under Open Forum, criticizing the city council agenda structure as confusing, especially for first-time attendees. He noted that the actual hearing order differs from the printed order and suggested using the Mayor’s script as the public-facing agenda format. Chair Cohen acknowledged the comment.
Discussion Items
- Reappointment of City Auditor (Item C.1): The committee considered a resolution to reappoint Joe Rois as City Auditor for a term beginning July 1, 2025 through June 30, 2029. After public comment, the committee voted 5-0 to approve the resolution and place it on the June 17, 2025 City Council agenda for final action.
- Temporary Moratorium on Smoke Shops (Item C.2): This item, sponsored by Councilmembers Ortiz, Campos, Candelas, Cohen, and Casey, directed the City Attorney and Planning, Building, and Code Enforcement (PBCE) staff to draft an ordinance enacting a temporary moratorium on new smoke shops citywide, focusing on overconcentration in neighborhoods such as East San José. Staff (Chris Burton, Director of PBCE, and Rachel Roberts, Deputy Director for Code Enforcement) presented an Early Consideration Response Form outlining immediate ("green lit") steps and longer-term ("yellow light") items. They reported that since the flavored tobacco ban, the number of licensed tobacco retailers had decreased from approximately 620 to 578 (net reduction of three in the current fiscal year). Staff stated that a moratorium could not be implemented immediately because it required: (1) findings to support the ordinance, (2) expanded grant funding from the county (a DOJ grant administered by the county health department currently limited to decoy operations), (3) a memorandum of understanding with the police department for enforcement, (4) an agreement with the California Department of Tax and Fee Administration, and (5) sufficient staffing capacity. The recommended timeline for bringing the moratorium ordinance to council was October 2025, with a proposed moratorium duration of three to six months to allow for permanent regulation development. Councilmember Ortiz expressed urgency, noting that East San José has disproportionately more smoke shops and that other cities (Campbell and Richmond) acted faster. Vice Mayor Kamei asked about outreach, and staff confirmed they would conduct stakeholder outreach before bringing the draft moratorium ordinance to council. Councilmember Doan inquired about limiting the number of smoke shops instead of a moratorium; the City Attorney clarified that any restriction would require similar findings. After debate, the committee voted 5-0 to direct staff to bring the moratorium ordinance no later than October 2025, with necessary findings, a timeline plan for the moratorium’s length, and appropriate outreach.
Key Outcomes
- June 17, 2025 Final Agenda approved with 11:00 a.m. start, invocations/ceremonials at 11:00 a.m., and item 8.5 heard before 8.1 (vote 4-0).
- Consent Calendar approved (vote 4-0).
- Reappointment of City Auditor Joe Rois approved and placed on June 17, 2025 Council agenda (vote 5-0).
- Temporary Moratorium on Smoke Shops – directed staff to return no later than October 2025 with a draft ordinance, findings, a proposed moratorium duration, and outreach plan (vote 5-0).
- Meeting adjourned at 2:53 p.m.
Meeting Transcript
All right, it's time to call today's rules and open government committee meeting to order at 201 p.m. Candeles here. One absent foli? Here. Kameh? Here. Cohen? Here. Rabacorn. Thank you. We are going to start by reviewing the agenda for next week's final council meeting of the fiscal year. It's an with a scheduled closed session start time of 9 30, regular session at 11 a.m. And we have the con the ceremonial items still listed to be heard at 1.30. Consent starts on page six. That's what it says, but we can nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty three, all the way through page twenty-four. Strategic support. Section three, we have the approval of various budget actions. That will be heard before consent, along with section three point item 3.4, the approval of annual appropriation ordinance and funding sources. Section 4, we have our IPA annual audit. Section 8. Items not to be heard before 3 of Japan town, downtown, Monterey Corridor, Tully Road, bids. And also at 8.5 So on 8.5. This is Tony over here. Okay. Um on 8.5, we'd like to notice that to be heard before 8.1. That's uh that has ballots that we have to count. Oh so we want to be able to get sort of a jump start so we don't delay the meeting. We will move that to just to be heard before 34.1 or should we renumber? Let's re-number. I I don't think I don't think we can renumber all. It's because it's already been published once before. Okay. Um but we just want to start the ballot counting process early so we don't delay the meeting, making you guys have to wait while we do that. All right, and number 8.6, our major event zone ordinance, 8.7, our the large format digital electronic signs. 8.8 sleep uh safe sleeping navigation hub and motel program eight point nine multifamily housing incentive program for Santana Row lot 12 8.10 0 Sealy. I don't think either of those would have any risk of being heard before 1.30, even though they're listed for after 1.30. And we have one item on cons we have we have uh one item on land use consent, and then there is a joint City of San Jose Financing Authority agenda on page 38. Any public comment? No public comment. Okay, so I I guess you were asking Council Member Kameh about the 11 o'clock start time. It does seem like a long agenda. At risk at risk, we don't want to take a risk of using yesterday as a to say hey, we can get done quickly and then end up with a late meeting. So well, we've got the IPA, we've got the digital signs. Digital signs, um the bids, I mean it yeah, I think we should start at 11. Should we start closed session at 9? Do we have a lot of things on closed session? Because it is the last time I believe we only have four items for closed session that are all fairly straightforward. Okay, good. Then let's keep it at nine. Unusual for the final closed session of the uh fiscal year.
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