OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Rules and Open Government Committee Meeting - October 29, 2025

City CouncilWednesday, October 29, 2025
BodySan Jose, California
SessionCity Council
DateWednesday, October 29, 2025
StatusFILED
Video Record
0:00 / 18:00
Transcript — Verbatim
0:21

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

0:24

Candelas.

0:25

Here.

0:26

One.

0:27

Foley.

0:27

Here.

0:28

Camille.

0:28

Here.

0:29

Cohen?

0:29

Yeah.

0:30

We have a quorum.

0:31

All right.

0:31

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

0:35

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

0:40

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.

0:48

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

0:54

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

0:59

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

1:18

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

1:25

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

1:31

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.

1:43

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

1:56

No, we do have one item.

1:57

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

2:02

Do we have any public comment?

2:03

No public comment.

2:04

All right, thank you.

2:05

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

2:07

Okay, great.

2:08

We have a motion and a second.

2:09

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

2:13

Motion carries five zero.

2:14

Thank you very much.

2:15

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

2:19

Consent calendar just has the public record for the week.

2:24

Do we have any public comment and consent?

2:25

No public comment.

2:26

Okay, back to the committee.

2:29

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

2:33

That motion carries five zero.

2:35

And now we have one action item today.

2:37

It's our annual city council referral status report.

2:41

Um, Sarah, are you?

2:44

I think your daughter's presenting.

2:49

That would be great.

2:51

Yeah.

2:55

Good afternoon.

2:56

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.

3:08

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.

3:23

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.

3:34

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.

3:44

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

3:52

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

3:59

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.

4:10

Staff are requesting the deferral of the item.

4:19

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.

4:34

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

4:44

Thank you.

4:45

Thank you, Sarah.

4:46

Do we have any public comment on this one?

Discussion Breakdown — Share of Meeting
Procedural███████████████████████████████31%
Affordable Housing████████████████████20%
Community Engagement████████████████████20%
Homelessness████████████████16%
Economic Development█████████9%
Personnel Matters████4%
Summary of Proceedings

Rules and Open Government Committee Meeting - October 29, 2025

The Rules and Open Government Committee met on October 29, 2025, at 2:00 PM (adjourned at 2:17 PM) with a quorum present (Chair Cohen, Vice Mayor Foley, Councilmembers Candelas, One, Camille, and Cohen). The committee reviewed the upcoming November 4, 2025 agenda, approved the consent calendar, and took action on the annual City Council referral status report. Public comments addressed the Barriesa Flea Market relocation and grievances regarding blight and safe parking program conditions. All votes were unanimous (5-0).

Consent Calendar

  • The committee reviewed the agenda for Tuesday, November 4, 2025, which includes a 9:30 AM closed session and a 1:30 PM regular session. Consent items span pages 4-9 and cover interviews for the Board of Fair Campaign and Political Practices, actions related to the ground transportation island project at the airport, amendments to the Muni Code to prohibit nitrous oxide sales and a temporary moratorium on tobacco retail licenses, actions on the Fairways at San Antonio, and grant agreements for outreach programs serving unsheltered individuals. Item 10.2 (land use) was dropped from the agenda. No public comment was received, and the motion to approve the agenda carried 5-0.
  • The consent calendar for the week (public record) was approved without public comment; motion carried 5-0.

Public Comments & Testimony

  • Roberto (speaking on behalf of the Barriesa Flea Market Vendors Association) expressed concern that, five years after advocacy began, there is still no commitment for relocating the flea market, which supports hundreds of small businesses and thousands of jobs. He urged continued collaboration and highlighted the market as a cultural destination.
  • Thomas Baker (resident) sought committee assistance with blight issues in his neighborhood. He acknowledged code enforcement officer Joe Celio for prior help but noted two unresolved issues: a public records request (submitted 10/12/25, no response) and a blight complaint at 1548 Coke Lane (code enforcement number 2024-11234) that has been stuck in an officer’s queue since December 2024. He requested help without the involvement of Scott Hughes.
  • Kimberly Perry (resident at 1300 Barry SM) reported filing a complaint with the city auditor’s office regarding criminal activities and embezzlement, including stolen donated generators. She stated she contacted Councilmember Cohen’s office with no response, and alleged retaliation and harassment from program staff. She asked for clarification on her rights as a “participant” in the project. Chair Cohen acknowledged receipt of her email and said the committee would look into the circumstances.
  • Frank Pacheco (safe parking program participant) alleged civil rights violations by a safe parking staff member, including being accused of theft and denied the ability to leave to obtain a receipt, and being forced to allow another person to move into his RV without his consent. He also stated he was told he could not store personal items (light pictures) inside his RV. He expressed feeling dehumanized.

Discussion Items

  • Annual City Council Referral Status Report (presented by Sarah Sarate, Deputy Director of the Office of Administration, Policy and Intergovernmental Relations, joined by Emily Lamb, Director of API): The second annual report compiled all council referrals and provided implementation status. Since June 30, 2025, there were 136 referrals: 64 completed (as of September 30), 61 in progress, 8 not yet started, and 3 deferred. Staff requested to defer one additional item – a traffic study for a planned development – because the study would not occur for at least another 18 months until after an occupancy permit is issued. Staff recommendation was to accept the report and defer the identified item.
  • Committee members asked questions about the deferred item’s tracking mechanism and the scope of analysis for potential flea market relocation sites. Councilmember Candelas clarified that the referral regarding the Singleton property was intended to remove an RFP barrier from that site but that staff is evaluating broader options and will report back in Q1 2026. Vice Mayor Foley noted the importance of transparency in deferrals to avoid false expectations.
  • The committee voted 5-0 to accept the report and approve the deferral.
  • No meeting on November 11, 2025 was noted.

Key Outcomes

  • Unanimous approval (5-0) of the November 4, 2025 agenda, consent calendar, and weekly consent calendar.
  • Unanimous approval (5-0) of the annual City Council referral status report and associated deferral.
  • The committee acknowledged public concerns regarding blight and safe parking program conditions, with Chair Cohen indicating staff would follow up on specific complaints.

Meeting Transcript

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.

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