It is two o'clock, so we're going to start the roll call.

Candelas.

Here.

One.

Foley.

Here.

Camille.

Here.

Cohen?

Yeah.

We have a quorum.

All right.

Welcome to the October 29th meeting of the rules and open government committee.

As a reminder, we expect all attending to follow the code of conduct located on the agenda.

Failure to comply with this code of conduct and behavior which will disturb, disrupt, or impede the orderly conduct of the meeting may result in removal from this meeting.

Okay, we're going to start today by reviewing the agenda for Tuesday, November 4th.

We have it's notice for 9 30 closed session and a 1 30 regular session.

And consent consent starts on page four and continues on pages five, six, seven, eight, and nine.

Section three, we have the interviews to fill spaces spots on the board of fair campaign and political practices.

We have actions related to ground transportation island project at the airport.

We have section seven, an amendment uh on the Muni Code to prohibit sale and distribution of nitrous oxide and a temporary moratorium on issuance of tobacco retail licenses.

Section eight actions related to the fairways at San Antonio and actions related to grant agreements for outreach and engagement programs serving unsheltered individuals.

No, we do have one item.

Oh, the item 10.2 and land use will be dropped from the agenda.

Do we have any public comment?

No public comment.

All right, thank you.

We don't, I don't think we have no ad sheet.

Okay, great.

We have a motion and a second.

Looks like we have no comments, so we'll vote.

Motion carries five zero.

Thank you very much.

We have no meeting on November 11th, so we have no other agenda to review.

Consent calendar just has the public record for the week.

Do we have any public comment and consent?

No public comment.

Okay, back to the committee.

All right, we have a motion and a second on consent.

That motion carries five zero.

And now we have one action item today.

It's our annual city council referral status report.

Um, Sarah, are you?

I think your daughter's presenting.

That would be great.

Yeah.

Good afternoon.

Uh Chairman Cohen, committee members, Sarah Sarate, Deputy Director of the Office of Administration, Policy and Intergovernmental Relations, joined by Emily Lamb, Director of API.

We're here to submit the second annual City Council referral status report, which is an opportunity to compile all referrals, provide the status of implementation or completion, and make requests to drop or defer individual items.

As you'll recall, we submitted MBA number three as part of the budget process, where we conducted an extensive and comprehensive analysis of council referrals.

That process resulted in a shorter list of referrals continuing into this fiscal year, combined with any new direction coming out of the budget process.

Since June 30th, 2025, there were 136 referrals, of which 64 were completed as of September 30th.

61 remain in progress, eight are not yet started, and three remain deferred.

Staff is requesting to defer one additional item related to a traffic study for a planned development, specifically as the traffic study would not occur for at least another 18 months.

Staff are requesting the deferral of the item.

In the event you have any specific questions, we have our colleagues here from the departments with the most referrals, Department of Transportation, Housing, Office of Economic Development and Cultural Affairs, PRNS, and PBCE.

Staff recommendation is to accept the annual City Council refer referral status report and defer the city council referral listed in the staff memorandum.

Thank you.

Thank you, Sarah.

Do we have any public comment on this one?

Yes, we have one Roberto.

Please go ahead and make your way to the podium.

We have two minutes to speak.

I think I might be speaking on the right one.

Flea market update.

No?

Or staff?

Was it something in the staff referral on the on that item?

Okay.

Yeah.

Awesome.

I'm so I just got here.

But thank you.

Members of the committee, my name is Roberto.

Uh, speaking on behalf of the Barriesa Flea Market Vendors Association and the vendors at the Barrius of Flea Market.

Um thank you obviously for accepting this huge list of work.

I'm here to talk about item 92 on that.

I don't know how many numbers you guys have, so kudos to to everyone on staff.

Um, but it's been five years, right, since we started our advocacy to save the flea market and the hundreds of small businesses there, plus the thousands of jobs that are there.

Um and in that time that has passed, we've worked with OED, Councilmember Cohen, Councilmember, I think everyone on here on the dias are up there.

Um, and have brought economic opportunity for vendors, highlighting the market as a true gem that it is for the city of San Jose, um, and taking initial steps at what a relocation can look like, and we obviously thank former director Nancy um Klein for that.

And again, here we are five years later, and there's still no commitment for relocation, right?

Uh we just want to remind everyone that this is still an issue, right?

For hundreds, if not thousands of people and small businesses.

Um, and the importance of this item, right?

Which is an item on a list of hundreds of items, but to my family, to the thousands of families at the flea market, it's not an item, it's our livelihoods.

So just wanna again reintroduce BFEA that we're open um to working and um thoughtfulness with everyone here.

The new director of OED, very excited to work with her and the team, um, and just really highlighting La Pulga as a destination for San Jose.

So thank you all.

Back to the committee.

All right, thank you.

Um we'll come back for questions from the committee.

Do anybody have I don't see any hands up yet.

I'll ask the move for approval.

Okay, go ahead, council member can tell us.

We'll have to take questions first.

Uh yeah, no, on that note, um uh item number two.

There's uh the status update is to have a conversation with ACD to assess the different pathways available to proceed in developing the singleton property with affordable housing in an open air market that could relocate the Barry S of Flea Market.

Now, question is there other pathway?

I'm hoping there was there's other pathways or other evaluation um other sites that are being evaluated other than uh, in my opinion, a very, very uphill uh pathway with regards to the singleton site.

So I I'd love to hear staff's feedback on that.

Yeah, so the the direction that that was very specific council direction.

Um, the analysis that staff is conducting is is broader than that, and it's our intention to report back kind of in quarter one of next year on some of the various options or at least where we're at in those conversations.

Okay, and it's not just limited to like the singleton site, correct?

Uh no, it is not.

Okay, because we know that there's a lot of environmental hurdles for us to achieve that.

Okay, I just wanted for the record.

Just to clarify that answer also on that one.

The reason for that specific referral was that on the list of options being talked about or the potential options, singleton was being held up because of the need for an RFP.

And so we wanted to make sure that that wasn't a barrier to that being pursued as one of the options.

So that was the reason for that, getting the RFP out on that item, but not because it was, yeah, right.

I know I remember the conversation on the diasp, but I mean I was just more so specifically looking at it.

And my office is still having conversations around about other potential options.

With you know, unfortunately, you know, as as Roberto knows and others know that none of them are easy options.

We don't necessarily have sites that are jumping forward, but I'm continuing to push some folks and trying to get some, you know, crack open some doors for some for some options out there, but nothing is really, you know, at a public point yet to be able to say, well, here's a commitment from somebody.

But we're still there are there are more other options besides Singleton that are being discussed.

Fair enough.

Yes, thank you.

Um I don't see any of their hands.

I'm gonna ask a question related to the item that's being deferred.

I was just wanted to clarify that a little bit because the deferrals built into the item, right?

I mean, the I the action can't occur until a building per until an occupancy permit is there and people are living on the site.

So I just was curious as to what the mechanism is to defer an item and where it continues to be tracked so that it doesn't get lost, and that's my only priority on this item.

Thank you for the question.

It still remains on the list.

I just won't be harassing the department for an update in six months.

So there's a piece of the list that is deferred items that will continue to be looked at for when is the right time to bring them back.

That's right.

I would just say I think we're trying to be more transparent to um a lot of the times on the referral list.

Um our city manager will just report out on the numbers, and so us knowing that we're not gonna be able to tackle one thing or five things because of sequencing for 18 months, 24 months gives kind of false expectations to you all as well as general members of the community.

So, in addition to Sarah not harassing directors, which is very important.

Um, this allows us to just be much more transparent with where we're really at with the referrals that we're working on.

Presumably this is a rare occurrence, but it seems that when there's an item that has you know comes with a land use develop uh issue or something else that says you know, this this was something be something that occurs in the future, it's I mean it makes sense for it to always automatically be on a deferral list until a milestone is reached.

So, it's a great recommendation.

Yeah, okay.

Um, thank you.

Do we have so I heard a motion from Councilmember Duwan?

Is there a second?

I'll second it.

All right, um, let's vote on that.

Okay, motion carries 50.

Um, thank you so much, Sarah and team and staff for being here.

Uh make sure that we um got any needed clarifications, and we are on to open forum.

We have three speaker cards right now as I call your names.

Please go ahead and make your way to the podium.

Thomas, Kimberly, and Frank.

My name is Thomas Baker.

I'm here about blight.

First of all, I'd like to acknowledge the help that Mr.

Joe Celio from the code enforcement department has provided.

He's been exceptionally assisting me with uh addressing some of these matters, and I appreciate it.

I'm also seeking your help with two other issues of blight in my neighborhood.

One is the public request, public records request that I submitted on 10 12 25.

And this morning I emailed you all a copy of the city's response as well as pictures of some blight in my neighborhood.

The submission is R010059-10125.

I have not received any response to my request.

The other item involves the blight at 1548 Coke Lane.

This is code enforcement number 2024 11234.

Unfortunately, Mr.

Joseph Hatfield in the code enforcement department has been an impediment to addressing this process, and I do not know why.

He and I have exchanged many emails about this, but nothing has been done.

It's been in his queue since December of last year.

I'm seeking your help.

Mr.

Wilcox, I'm seeking your help.

Mrs.

Blakeman, I'm seeking your help.

And Mrs.

Foley, Vice Mayor Foley, I'm seeking your help without the aid of Mr.

Scott Hughes.

Can I get some assistance with the blight in my neighborhood, please?

Everybody's being quiet.

Don't everybody speak at once.

That's all I have.

Next speaker.

Hi, my name is Kimberly Perry.

I'm a resident at um 1300 Barry SM.

I have filed a complaint with the city auditor's office of criminal activities and embezzlement.

Um stolen generators that were donated.

I called David Cohen's office and told them about this.

I got no response from them.

I emailed several people.

Nobody cares.

I called, I went to legal aid to try to get help.

I'm told I'm a per a participant, and they can't help me.

So I was wondering if you could enlighten me on who I am now.

I'm not a citizen anymore after signing the papers to agree to go into this project.

I know you don't have to speak, but I need I'm seeking your help in the I don't know who to go to regarding these things.

I'm being retaliated on.

Vendictiveness from the staff there.

Mr.

Stevenson.

I'm not the only one here to complain.

There's several people that would like to say things.

They're afraid to come forward, and there's no one to go to.

You guys made the rules and accepted the proposal that they gave to you for the site to be.

And I'm asking you, you what is a participant?

Why does that take away my rights?

Well what my staff has received your email.

We're looking into the information.

I won't we won't engage during this meeting now, but I we've we've heard we've seen the uh the email and we're looking into uh this year's circumstances.

So thank you for uh coming and making your comment.

And is there any way to get protection from him kicking me out and harassing me?

I've never been written up or anything, and now he's just continuously trying to you know write me up for things to get me out of the program.

Me and others, and they're here to speak too.

And we have a police report against him too for harassment by the police of San Jose.

So, well, thanks for coming.

We we don't engage in in trying to solve problems right here at the Dais, but we've we've heard your public comment and we you know we'll go get help.

We'll we can talk after, but I can't, not join the meeting.

Thank you.

Good afternoon.

Good afternoon.

My name is Frank Pacheco, and um my civil rights were violated by a safe parking staff member.

Um I was accused of stealing a bunch of items that were in the back of my truck that I got given by somebody, and um he told me I had 15 minutes to get rid of the items or go come up with a receipt.

And um he wouldn't let me leave to go get the receipt and said he called the police and I had to prove my innocence.

Um, they were about to arrest me, and but I proved my innocence and everything was good.

Um, the other issue I have is they allowed somebody to move into my RV when I was at work on the other side of the peninsula, and I came back and this person was in there, and she said that Victoria gave her permission to move in there, and so I was stuck with a big mess.

I kind of let that one go, but this is just it's ridiculous the way I'm being treated.

I'm dehumanized.

Um, we can't go visit nobody in our place.

They're going against every rule that they have set in place, and the other one is they told me that I couldn't store these light pictures that I got even inside my RB that the city had got off the phone with him yesterday and told him that I couldn't store these items in my motorhome, and I can't I I just have a hard time with the city telling me that I can't store light pictures in my RB.

It just makes no sense.

That's all I gotta say.

Back to the committee.

Okay, thank you for everyone coming out, and we are adjourned at 217 p.m.

Oh.