Joint Rules and Open Government Committee Meeting - August 12, 2026
Joint Rules and Open Government Committee Meeting – August 12, 2026
The Rules and Open Government Committee met jointly with the Committee of the Whole on August 12, 2026, at 2:00 PM in Council Chambers. The committee reviewed the final agenda for August 18, 2026, and the draft agenda for August 25, 2026, approved routine consent calendar items, and discussed two major memoranda: a temporary moratorium on detention and custodial facilities on private property, and a directive to include community benefits in data center standards. Public comment was heard on multiple items, and the committee voted on all actions.
Consent Calendar
- Item 1 (ROGC 26-282): Release of a study session date for Friday, August 28, 2026 – approved.
- Item 2 (ROGC 26-279): Auditor’s Office Monthly Report of Activities for June and July 2026 – approved.
- Item 3 (ROGC 26-285): Setting a City Council Study Session on Infrastructure Financing Tools for Economic Development for Monday, September 14, 2026, from 1:30 PM to 4:30 PM – deferred. Vice Mayor Foley noted a scheduling conflict and requested that staff poll the mayor and council for alternative fall dates. The committee voted to approve items 1 and 2 and defer item 3 (motion 5–0).
Public Comments & Testimony
- Agenda Review – August 18, 2026 Final Agenda: Lindy Hayes (Concerned Cory Neighbors) requested that the general plan revision item be moved to a time certain of 6:00 PM evening to enable public participation. Evan Brooks, an adjoining property owner at 650 Harry Road, asked that the rezoning of the IBM Almaden Research Center site (C26-008, ER2608) be removed from the consent calendar, arguing it is not routine and requires full discussion. Eric Schadenauer, representing the IBM property, stated the rezoning is a routine SB 1333 action and that the open space protection will remain. Linda Hutchins Knowles (Mothers Out Front, District 9 resident) supported removing the item from consent and preserving open space. Martha O’Connell (virtual) supported moving the general plan item to the evening.
- Temporary Detention Moratorium (Item C.1): Multiple speakers (Jeremy Bruce, Amigos de Guadalupe; Wissa, CAIR; Kemi Flynn, IPEN; Mr. Mendoza, Amigos de Guadalupe; Daniela Valdivia, resident; Kylie Clark, Silicon Valley Council of Nonprofits; Sandra Munoz, resident; Louis Powell, Santa Maria Urban Ministry; Jordan Moldow, District 3; Linda Hutchins Knowles; Meredith Hurley; Dasha Leeds, District 3; Carmen, Monatinos contra Cancer) expressed strong support for the moratorium but urged the committee to expand it to all property, not just private property, to close a loophole and protect the community. Some speakers also noted the importance of rapid action and that other cities are watching San Jose’s leadership.
- Data Center Community Benefits (Item C.2): Evan Brooks requested that the committee consider sequencing so that data center standards are finalized before entitlements move forward. Brian Darby suggested pushing technology to reduce heat and water use. Isaac (District 2) cited health impacts from data centers and called for cumulative studies. Mitra Fabian (longtime resident) opposed rapid data center development due to lack of public health and environmental safeguards. Lena Drape (Santa Clara Valley Open Space Authority) urged a pause on processing new applications until standards are approved. Jasmine Jordan (San Jose State student) highlighted environmental and job destruction. Caroline Donlin raised water use concerns. Dasha Leeds (Sierra Club Loma Prieta) requested a moratorium, citing infrasound health impacts. Linda Hutchins Knowles requested a pause on accepting and processing new data centers. Jordan Moldow supported the memo but called for a cumulative EIR and green infrastructure. Manny Bacala (Silicon Valley Youth Climate Action) urged a pause and stringent standards, especially for backup generators. Cleo described hellscape conditions around existing data centers.
Discussion Items
- Temporary Moratorium on Detention and Custodial Facilities on Private Property (ROGC 26-283): Councilmember Doan introduced the item, noting support from Mayor Mahan and council members. The committee questioned the city attorney about the scope. Chief Deputy City Attorney Reza Sangtari explained that the moratorium is limited to private property to avoid conflict with federal supremacy, but that the city already controls its own property. The city attorney indicated that state-level discussions may address public property. Councilmember Kamei asked about the 45-day timeline; the city attorney explained that 45 days is a statutory first step, extendable to 22 months. The committee voted to approve the memorandum and directed the city attorney to submit a supplemental memorandum addressing the legal analysis and exposure regarding public property by the September 15, 2026 council meeting. The motion carried 5–0.
- Data Center Community Benefits (ROGC 26-284): Chair Cohen, an author of the memo, explained that the memo expands the scope of the ongoing uniform standards and best practices process to include options for community benefits. Councilmember Candelas emphasized the importance of community engagement, digital inclusion, workforce standards, and project labor agreements. City Manager Manuel Pineda outlined the outreach plan, including stakeholder meetings, a community listening session on August 19, 2026, a developer roundtable, and additional small-group meetings. He confirmed that any new data center application would take longer than six months to reach entitlement, so no rush is expected. The committee voted to approve the memorandum 5–0.
Key Outcomes
- August 18, 2026 Final Agenda: Approved with the cancellation of the evening session and the general plan item as the last item on the afternoon agenda (motion 5–0).
- August 25, 2026 Draft Agenda: Approved (motion 5–0).
- Consent Calendar: Items 1 and 2 approved; Item 3 (infrastructure financing study session) deferred to find an alternative date.
- Temporary Detention Moratorium: Approved with direction for a supplemental memo on public property; to be considered by the full council on September 15, 2026.
- Data Center Community Benefits: Approved; staff will incorporate community benefits into the ongoing uniform standards process and return to council in December 2026.
- Open Forum: Public comments urged the committee to expand remote participation options for commissioners and to ensure community listening sessions include remote verbal participation in English, Spanish, and Vietnamese. The committee took no formal action on these requests.
Meeting Transcript
It's two o'clock. So we are going to call the August 12th meeting of the rules and open government committee to order. So let's start with roll call, please. Here. Foley. Here. Come here. Here, Colin. Here. Thank you so much. Our first item is to review or do our final review of the Tuesday, August 18th Council agenda. Has a 9 30 closed session. A 1 30 regular session and still enlists a 6 p.m. evening session. Closed session starts. I'm sorry, uh consent calendar starts on page five. And ends on page six. In section three, we have a housing department loan portfolio audit report. In section seven, our response to the grand jury report on the animal care center. And under land use, we have one item on consent. We have an item related to property at 1295 Kirtner Avenue, and we have our general plan for your review policy framework discussion. Do we have any public comment? Yes, we do. As a reminder, speakers must comply with a city's code of conduct for public meetings. Please direct comments to the body, limit remarks of the agenda item and observe the time limit. Contact that materially disrupts the meeting or interferes with others' ability to participate may result in muting or removal as authorized by law. When I call your name, please go ahead and come down to the podium. You don't need to speak in the order you are called. So we'll start with the in-person speakers first. Lindy, Evan, Brian, please go ahead and make your way to the podium. Good afternoon. My name is Lindy Hayes. I'm with concerned Cory Neighbors. You may remember us from last June, the matter of the 17th story building at the corner of Winchester and Heading. I am here to request that the last item on the afternoon session, the general plan revision, be moved to a time certain of six o'clock in the evening. I do this for two reasons. First and most important, to enable public input. We have a large number of people that work in our neighborhood. We have school children. These people will not be able to participate if it's in the afternoon. The second reason is frankly, I think the council's going to need a break. Thank you, next speaker. Brian Darby, what she said, I agree with also calling Eric and Lena. Please go ahead and make your way to the podium. Good afternoon. My name is Evan Brooks. I own property adjoining 650 Harry Road, the former IBM Almaden Research Center. On August 10th, I submitted a written request to this committee and the city clerk asking that the rezoning of the site file numbers C26 008 and ER2608 be removed from the consent calendar for August 18th. This is a 605-acre rezoning. It removes the 1980 plan development instrument that has been the only protection on approximately 570 acres of open space.
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