Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
City of San José
Agenda
City of San José
200 East Santa Clara Street
San Jose, CA 95113
Committee Members
Chappie Jones, Chair
Raul Peralez, Vice Chair
Sylvia Arenas, Member
David Cohen, Member
Dev Davis, Member
Committee Staff
Lee Wilcox, Assistant City Manager
Toni Taber, City Clerk
Nora Frimann, City Attorney
Rachelle Blattman, City Manager's Office
Hybrid Meeting - Council Chambers and Virtually -
https://sanjoseca.zoom.us/j/83768347029
Wednesday, December 7, 2022 2:00 PM
* COVID-19 NOTICE *
Consistent with AB 361 and City of San José Resolution Nos. 80628, 80659, 80685, 80724 and 80758, Committee Members may be teleconferencing from remote locations.
How to observe the Meeting (no public comment):
1) Cable Channel 26,
2) https://www.sanjoseca.gov/news-stories/watch-a-meeting, or 3) https://www.youtube.com/CityofSanJoseCalifornia
How to submit written Public Comment:
1) By email to [email protected] by 9:00 a.m. the day of the meeting.
How to provide spoken Public Comment during the Committee Meeting:
City of San José Page 1 Printed on 12/7/2022
Joint Meeting for the Rules and December 7, 2022
Open Government Committee and
Committee of the Whole
Agenda
1) By phone 888 475 4499. Webinar ID: 83768347029. Click *9 to raise a hand to speak. Press *6 to unmute. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free)
2) By online https://sanjoseca.zoom.us/j/83768347029
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak.
c. When the Committee Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. d. When called, please limit your remarks to the time limit allotted.
A. City Council (City Clerk)
1. Review Final Agenda
Review December 13, 2022 Final Agenda
a. Add New Items to Final Agenda
b. Assign "Time Certain" to Agenda Items (if needed)
c. Review of Notice of Waiver Requirements for Agenda Items or Documents (if needed)
ROGC
22-517
Agenda
Add Sheet
Attachments
2. Review Draft Agenda
ROGC Review December 20, 2022 Draft Agenda - Cancelled
22-518
Notice to the public: There will be no separate discussion of individual Consent Calendar items as they are considered to be routine and will be adopted by one motion. If a member of the Committee requests debate, separate vote or recusal on a particular item, that item may be removed from the Consent Calendar by the Chair and considered separately. The public may comment on the entire Consent Calendar and any items removed from the Consent Calendar by the Chair.
B. Consent Calendar
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Joint Meeting for the Rules and December 7, 2022
Open Government Committee and
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Agenda
ROGC The Public Record for November 22 - December 1, 2022. (City Clerk) 22-519
1. Recommendation: Receive and file the Public Record for November 22 - December 1, 2022.
Attachments The Public Record
ROGC Monthly Report of Activities for November 2022. (City Auditor) 22-520
2. Recommendation: Approve the Auditor’s Office Monthly Report of Activities for the month of November 2022.
Attachments Memorandum
Approval of the End of Term Celebration Event Sponsored by the Mayor's Office as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Mayor)
ROGC
22-521
3. Recommendation: 1. Approve the End of Term Celebration to be held in December 2022 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Approve and accept donations from various individuals, businesses or community groups to support the event.
3. Place the item on the December 13, 2022 Council Agenda for action.
Attachments Memorandum from Mayor
Retroactive Approval of the Tree Planting Event at Orchard School Sponsored by Council District 4 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Cohen)
ROGC
22-522
4. Recommendation: 1. Retroactively approve the Tree Planting Event at Orchard School scheduled on November 30, 2022 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Retroactively approve and accept donations from various individuals, businesses or community groups to support the event.
3. Place the item on the December 13, 2022 Council Agenda for action.
Attachments Memorandum from Cohen
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Approval of Multiple Special Events Sponsored by Council District 7 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. (Esparza) ROGC
22-523
5. Recommendation: 1. Retroactively approve the International Children’s Assistance Network Toy Drive scheduled on December 3, 2022 as a City Council sponsored Special Event and approve the expenditure of funds.
2. Retroactively approve the Mariposa Park Celebration scheduled on December 10, 2022 as a City Council sponsored Special Event and approve the expenditure of funds.
3. Approve the Franklin Family Giving Tree scheduled on December 16, 2022 as a City Council sponsored Special Event and approve the expenditure of funds.
4. Approve the Santee Posada scheduled on December 16, 2022 as a City Council sponsored Special Event and approve the expenditure of funds.
5. Approve the Tropicana-Lanai Posada scheduled on December 16, 2022 as a City Council sponsored Special Event and approve the expenditure of funds.
6. Approve and accept donations from various individuals, businesses or community groups to support the events.
7. Place the item on the December 13, 2022 Council Agenda for action.
Attachments Memorandum from Esparza
2022-2023/2023-2024 City Budget Calendar and Budget Study Session Schedule. (City Manager)
ROGC
22-527
6. Recommendation: Approve the proposed 2022-2023/2023-2024 City Budget Calendar as presented in Attachment A to the staff memorandum and the schedule for City Council Budget Study Sessions for the 2023-2024 Operating Budget, 2023-2024 Capital Budget and 2024-2028 Capital
Improvement Program, and 2023-2024 Fees and Charges Report as presented in Attachment B and explained in the staff memorandum.
Attachments Memorandum
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Update to the August - December 2022 Public Safety, Finance and Strategic Support Committee Work Plan. (City Manager)
ROGC
22-528
7. Recommendation: Approve an amendment to the August - December 2022 Public Safety, Finance and Strategic Support Committee Work Plan to drop the following item from the December 15, 2022 Committee meeting:
Recruitment, Hiring, and Retention Strategies Status Report.
Purpose: Provide a verbal status report on recruitment, hiring and retention strategies. (Human Resources)
Attachments Memorandum
END OF CONSENT
C. Rules Committee Reviews, Recommendations and Approvals City of San José Page 5 Printed on 12/7/2022
Joint Meeting for the Rules and December 7, 2022
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Agenda
Protecting the Public from Sexual Assaults Associated With Uber, Lyft, and Taxi’s. (Mayor)
ROGC
22-516
1. City of San José Page 6 Printed on 12/7/2022
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Recommendation: Direct the City Attorney and City Manager to:
1. After consultation and outreach with local survivor support organizations and law enforcement agencies, return to Council for consideration of a proposed ordinance that would require all taxi companies and ride-share companies (aka, “transportation network companies,” or TNC’s) made aware of the occurrence of a sexual assault associated with their operations, to immediately:
a. Inform survivors in clear, simple language, of
(1) contact information for survivor support organizations in their area;
(2) the phone number, email, and any other information that will expedite reporting of the incident to the sexual assault investigations unit (SAIU) of the San Jose Police Department;
(3) a description of their rights as survivors, including their right to choose whether or not to respond to questions from police investigators; (4) the fact that there cannot be any criminal investigation, arrest, adjudication, restraining order, or sanction of the assailant without the survivor’s independent communication with law enforcement; (5) their eligibility for a free SART medical examination of their injuries; and
(6) an explanation that the timing of the SART exam is critical to preserve evidence of assault, and to protect their health. b. Notify law enforcement of the assault allegation, and of contact information of the survivor, alleged assailant, and non-victim witnesses.
2. Determine whether state law wholly or partly preempts the enactment of an ordinance consistent with the requirements of Paragraph 1, supra, to generally apply to all transportation carriers, including taxis, transit agencies, and TNC’s.
a. Specifically, determine whether the City could impose such requirements pursuant to its existing police powers to regulate TNC’s and other transportation carriers to protect public safety, as it does routinely in regulating airport operations and access, parking, traffic violations, or vehicular assaults. For example, in 2017, a Superior Court upheld the San Francisco Tax Collector’s right to subpoena information from TNC’s to assess compliance with the City’s registration requirement.
b. Further explore whether any specific legislative enactment or court decision makes explicit whether a TNC’s reporting obligations of sexual assaults to law enforcement would constitute, under Article XII of the California Constitution, “matters over which the Legislature grant City of San José Page 7 Printed on 12/7/2022
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Open Government Committee and
Committee of the Whole
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regulatory power to the Commission,” particularly in light of the fact that CPUC’s regulatory authority emerged merely through a settlement of an enforcement action with TNC’s in 2013, rather than through legislative action.
3. If an undue risk of preemption exists, then:
a. Evaluate and return to Council to determine whether the City should formally seek the California Public Utilities Commission (CPUC) to issue regulations, (within 3.1(D) of the Third Amended Phase III, or in an additional phase of Rulemaking 12-12-011), to require all ridesharing companies, aka transportation network companies (TNC’s), when notified of a sexual assault, to immediately report to local law enforcement.
b. Collaborate with District Attorney Jeff Rosen, the City Council, the Santa Clara County Chiefs of Police, and the County Board of Supervisors to determine whether other cities or counties may wish to join San Jose in a CPUC action.
Memorandum from Mayor
Early Consideration Response Form - 12/6/2022
Letters from the Public
Attachments
ROGC Waiver of Revolving Door Restrictions. (City Attorney) 22-524
2. Recommendation: 1. Consider the request by Christina Ramos, former Chief of Staff for Councilmember Raul Peralez, for a Waiver of the Revolving Door Restrictions for the work described in the memorandum and in Ms.
Ramos’ November 8, 2022 Waiver Request Letter and make findings as to whether such waiver is in the best interest of the City and consistent with the purpose of San José Municipal Code Chapter 12.10; and
2. Forward the request and findings to the City Council for approval and place the item on the December 13, 2022 Council agenda.
Memorandum
Ramos Request for Waiver of San Jose Revolving Door Ordinance Attachments
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ROGC Homeless Funding Transparency. (Mayor, Jones, Cohen, and Mahan) 22-525
3. Recommendation: Direct the City Manager to develop a public-facing page on the City’s website by the end of January 2023 that clearly and simply reports the various sources, expenditures, and outcomes of the City of San Jose’s direct expenditures on permanent and transitional housing, emergency shelter, homelessness prevention, and related services.
1. The public should be able to clearly and simply identify the sources of funding - whether local, state and federal - without interpreting bewildering jargon or navigating an alphabet soup of acronyms.
2. Each program/ initiative/ funding category (e.g. “permanent housing,” or “transitional housing”) should be identified, with some link to a definition of what the program does and who is served.
3. “Outcomes” must be described, rather than mere “outputs.” Outcomes should focus upon the number of people we’re serving, housing, keeping housed, etc.
4. In parallel, staff should update relevant data on San Jose’s open data platform (data.sanjoseca.gov).
5. Staff should update the webpage at least quarterly to reflect funding decisions and updated outcomes.
Memorandum from Mayor, Jones, Cohen, and Mahan
Early Consideration Response Form - 12/6/2022
Attachments
ROGC Resolutions Denouncing Hate Crimes and Islamophobia. (Jones) 22-526
4. Recommendation: Schedule the attached resolutions denouncing hate crimes and Islamophobia for approval on the City Council Agenda of December 13, 2022.
Attachments Memorandum from Jones
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ROGC Staffing Recruitment, Retention, and Vacancies. (Arenas) 22-529
5. Recommendation: 1. Agendize a special meeting no later than March of 2023 on the subject of Staff Vacancies, Recruitment, and Retention. a. Meeting should provide Council with a review of all existing strategies, but also additionally presentations on new strategies proposed by HR, bargaining units, and community organizations.
b. Council should be presented with strategies that would require:
i. New funding for HR staff or internal HR staff in various departments
ii. New focus on addressing issues in high-turnover
classifications
iii. Substantial changes in job requirements for chronically vacant positions
iv. Strategies for addressing acute vacancy rates in critically effected departments, including:
1. Environmental Services
2. Housing
3. Parks, Recreation and Neighborhood Services
4. Planning, Building & Code Enforcement
5. Public Works
6. Information Technology
2. Direct the City Manager to author a Manager’s Budget Addendum for the upcoming budget cycle which provides the Council with accurate budgetary figures for implementing the strategies discussed at the Special Meeting.
Memorandum from Arenas
Early Consideration Response Form - 12/6/2022
Attachments
ROGC Lake Cunningham Funding Strategy. (Arenas)
22-530
6. Recommendation: Direct the City Manager to produce a Manager’s Budget Addendum that brings forward a funding strategy to implement the City’s recent report on restoring Lake Cunningham, for Council consideration in the upcoming budget cycle.
Memorandum from Arenas
Early Consideration Response Form - 12/6/2022
Attachments
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Open Government Committee and
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ROGC Gender Based Violence. (Arenas)
22-531
7. Recommendation: Direct the City Manager to produce a Manager’s Budget Addendum that presents a funding plan to implement the remaining items in the Gender Based Violence Response and Strategy Workplan and determine the spending plan for the remaining funds of the $690,000 Sexual Assaults System Improvements Budget Reserve.
Memorandum from Arenas
Early Consideration Response Form - 12/6/2022
Attachments
ROGC Paid Family Leave. (Arenas)
22-532
8. Recommendation: Direct the City Manager to agendize a study session of the City Council to review the status of Paid Family Leave for City employees, including a report on the current pilot program, and options for expanding the pilot to provide 6 weeks of coverage, instead of 1 week.
Memorandum from Arenas
Early Consideration Response Form - 12/6/2022
Attachments
ROGC Joint Meetings. (Arenas)
22-533
9. Recommendation: Direct the City Manager to add joint hearings between the Neighborhood Services and Education Committee and the Public Safety, Finance, and Strategic Support Committee and their County counterparts in the upcoming year, to the committee workplans, in coordination with the County Board of Supervisors and administration.
Memorandum from Arenas
Early Consideration Response Form - 12/6/2022
Attachments
D. Open Forum
Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council.
E. Adjournment
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The Code of Conduct (https://www.sanjoseca.gov/home/showpublisheddocument/12901/636670004966630000) is intended to promote open meetings that welcome debate of public policy issues being discussed by the City Council, their Committees, and City Boards and Commissions in an atmosphere of fairness, courtesy, and respect for differing points of view.
The City of San José is committed to open and honest government and strives to consistently meet the community's expectations by providing excellent services, in a positive and timely manner, and in the full view of the public. The City Code of Ethics may be viewed online.
All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at San José City Hall, Office of the City Clerk, 200 E. Santa Clara Street, 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body.
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Access the video, the agenda and related reports for this meeting by visiting the City's website.
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