The Public Record — Joint Meeting for the Rules and Open Government Committee and Committee of the Whole, April 26, 2023

RULES COMMITTEE: 4/26/2023
Item: B.1
File ID: ROGC 23-171
TO: Honorable Mayor & FROM: Toni J. Taber, CMC
City Council City Clerk
SUBJECT: The Public Record DATE: April 26, 2023
April 13 – April 20, 2023

ITEMS FILED FOR THE PUBLIC RECORD
Letters from Boards, Commissions, and Committees
Letters from the Public

1. Letter from Jeff Gordon, dated April 13, 2023, regarding: Filling Vacancies in Council Districts 8 and 10

2. Letter from Bill James, dated April 18, 2023, regarding: Letter to Rules Committee of the San José City Council (Urgent Need to Close Apparent Loopholes in San José Campaign Finance and Ethics Laws).

3. Letter from Harold Schapelhouman, dated April 18, 2023, regarding: Required COVID19 After Action Reporting. ____________________________
Toni J. Taber, CMC
City Clerk
TJT/tt
4/20/23, 11:25 AM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/1 Some people who received this message don't often get email from . Learn why this is important [External Email]
This message is from outside the City email system. Do not open links or attachments from untrusted sources.

FW: Filling Vacancies in Council Districts 8 and 10
City Clerk <[email protected]>
Fri 4/14/2023 9:01 AM
To: Rules and Open Government Committee Agendas <[email protected]> From: Jeff Gordon <
Sent: Thursday, April 13, 2023 7:55 PM
To: Liccardo, Sam <[email protected]>; Jones, Chappie <[email protected]>; Jimenez, Sergio <[email protected]>; Peralez, Raul <[email protected]>; Cohen, David <[email protected]>; Carrasco, Magdalena <[email protected]>; Davis, Dev <[email protected]>; Esparza, Maya <[email protected]>; Arenas, Sylvia <[email protected]>; Foley, Pam <[email protected]>; Mahan, Matt <[email protected]>; City Clerk <[email protected]>; District1 <[email protected]>; District2 <[email protected]>; District3 <[email protected]>; District4 <[email protected]>; District5 <[email protected]>; District 6 <[email protected]>; District7 <[email protected]>; District8 <[email protected]>; District9 <[email protected]>; District 10 <[email protected]> Subject: Filling Vacancies in Council Districts 8 and 10 As a longtime resident in San Jose district 10, I am writing to strongly urge you to reject the idea of appointing representatives to fill the vacancies on the city council, and instead to hold a special election so that the people in districts 8 and 10 can choose who will represent them.

I am deeply concerned by apparent efforts by many councilmembers to form voting blocs in order to favor certain interest groups and/or thwart the wishes and will of the people of the city. The voters sent a strong message in this month’s mayoral election, rejecting the status quo and politics as usual. It would be a serious mistake, and detrimental to the city’s progress, to ignore that message. Please support the new mayor-elect, rather than seek to undermine him. Respect the rights and demands of the people. Let the voters vote! Let us decide! Thank you
Jeff Gordon
Sent from Mail for Windows
Public Record: 1
4/19/23, 8:14 AM Mail - Rules and Open Government Committee Agendas - Outlook https://outlook.office365.com/mail/[email protected]/inbox/id/AAQkADhhYzk3NTk1LTBmZDAtNDc4Yi1hN2Q0LTZjNmZjNTk5MT… 1/1 You don't often get email from . Learn why this is important [External Email]
This message is from outside the City email system. Do not open links or attachments from untrusted sources.

FW: Letter to Rules Committee of the San José City Council City Clerk <[email protected]>
Wed 4/19/2023 7:41 AM
To: Rules and Open Government Committee Agendas <[email protected]> 1 attachments (134 KB)
Letter to San Jose Rules Committee re Campaign Finance loopholes.pdf; From: SCCDP Chair Bill James < >
Sent: Tuesday, April 18, 2023 9:54 PM
To: Davis, Dev <[email protected]>; Kamei, Rosemary <[email protected]>; Jimenez, Sergio <[email protected]>; Cohen, David <[email protected]>; Foley, Pam <[email protected]>; City Clerk <[email protected]> Subject: Letter to Rules Committee of the San José City Council Dear Members of the Rules Committee,
Please see the attached letter and include it as part of your records as public comment for your meeting tomorrow, Wednesday, April 19, 2023.

Regards, Bill James
Santa Clara County Democratic Party Chair
Public Record: 2
Santa Clara County Democratic Party
2901 Moorpark Ave, Suite 110
San Jose CA 95128
April 18, 2023
Rules Committee Members
San José City Council
Via Email
Re: Urgent Need to Close Apparent Loopholes in San José Campaign Finance and Ethics Laws Dear Members of the Rules Committee,
On behalf of the Santa Clara County Democratic Party, which represents over 500,000 Democratic voters in Santa Clara County, I am writing to urge you to take timely action to ensure that the City Council is presented with the opportunity to close - prior to the early August 2023 start of the next candidate fundraising period - the apparent campaign finance and ethics law loopholes identified in former Councilmember Esparza’s November 11, 2022 memorandum entitled, “San José Elected Official Political Fundraising and Independent Expenditure Involvement Ordinance.” Last year, it was widely reported that negative campaign ads identified as having been funded in part by the Common Good Silicon Valley PAC were paid for, in part, using funds raised from wealthy special interests by former Mayor Sam Liccardo while he was still serving as Mayor. Mayor Liccardo attempted to avoid responsibility for his role in funding the ads by minimizing the contributions made by Common Good Silicon Valley PAC and distancing his activities from those of the PAC, insisting his activities primarily benefited the “parent organization” of the PAC, Solutions Silicon Valley, which he acknowledged was “managed” by his own chief of staff, Jim Reed.1 If it’s not illegal for an elected official of the City of San José to raise potentially unlimited amounts of money, including from individuals and entities who may have business before the City Council, into a PAC, controlled by their chief of staff or other key employee, which makes independent expenditures to influence a city election, then it should be.

The Esparza memorandum outlines measures that should be taken immediately to close the apparent loopholes in the City’s campaign finance and ethics laws that permitted the above-referenced activities to occur and continue. Urgent action is needed to ensure an ordinance is in place and able to be enforced when the campaign fundraising period for the upcoming primary election begins in early 1 See https://samliccardo.medium.com/clarification-solutions-silicon-valley-and-political-ads-2b1dce321d31 August, 2023. The urgency is compounded by the fact that the same key employee, Jim Reed, now serves as Chief of Staff to Mayor Matt Mahan, who presumably will be a candidate in the upcoming primary election.

Please act now to protect the integrity of San José elections and preserve public trust in our elected officials and election processes.

Respectfully,
Bill James
Santa Clara County Democratic Party Chair
4/20/23, 11:36 AM Mail - City Clerk - Outlook
https://outlook.office365.com/mail/[email protected]/id/AAQkAGJiNDY2NWI3LTY1ODktNDczNy1iYjdkLWZlNWFjYmFmNmQ3ZQAQAHpwalY… 1/3 [External Email]
Required COVID-19 After Action Reporting
Harold Schapelhouman <
Tue 4/18/2023 12:32 PM
To: City Clerk <[email protected]>
Cc: Harold Schapelhouman <
You don't often get email from Learn why this is important Honorable Elected Officials and Governmental Leaders
After reviewing multiple city and county web-sites, specifically each agencies stated strategic priorities, goals and projects, road maps, action plans and visioning processes for 2023, very little related to COVID-19 could be found.

After three years of constant COVID impacts, this obvious societal inclination to move forward and onward is clearly evident and predictable. However, by law, the California Code of Regulations, Title 19, § 2450 (a) states “Any city, city and county, or county declaring a local emergency for which the governor proclaims a state of emergency, and any state agency responding to that emergency shall complete and transmit an after action report to Cal OES within ninety (90) days of the close of the incident period.” California Governor Gavin Newsom announced that the COVID-19 State of Emergency ended on February 28, 2023. On April 10, 2023, President Biden signed a measure that immediately ended the COVID-19 National Emergency after more than three years from when it was enacted. However, the actual public health emergency declaration is scheduled to end on May, 11, 2023.

The Governor’s Office of Emergency Services (Cal-OES) is currently preparing additional after action guidance and timing, given their own requirement to provide an after action report 180 days after the incidents closure.
https://www.caloes.ca.gov/office-of-the-director/operations/planning-preparednessprevention/planning-preparedness/after-action-corrective-action-reporting/ Given these requirements, I recommend the required COVID 19 After Action Reporting Process be added to each governmental agencies 2023 strategic priority work list.

The After Action Report should not be seen as a punitive process, but rather an opportunity for governmental agencies specifically responsible for public safety and essential services Public Record: 3
4/20/23, 11:36 AM Mail - City Clerk - Outlook
https://outlook.office365.com/mail/[email protected]/id/AAQkAGJiNDY2NWI3LTY1ODktNDczNy1iYjdkLWZlNWFjYmFmNmQ3ZQAQAHpwalY… 2/3 to reflect on their strengths and address any weaknesses or short comings in preparation for the next, or potential future events.

Key findings, recommendations, gap analysis and best practices can highlight benefits associated with emergency planning updates, community engagement, training, exercises, equipment purchases, and critical but flexible strategies needed to not only prepare for the next emergency but also reflect on what worked and what didn’t.

As a former Fire Chief who spent 40 years in public safety and specifically in special operations, where I responded to some of the worst disasters in the nation, I have directly seen the benefit of honest formal post-incident assessments that resulted in significant improvements for future responses.

Beyond the basic requirements outlined by Cal-OES and the state’s timeline, governmental agencies could choose to conduct a more comprehensive process based upon public comment, feedback or engagement process and/or requests and feedback from local officials under a shared vision of improvement and preparedness.

Whichever each jurisdiction chooses, transparency and actionable improvement recommendations should be at the core of any after action improvement effort.

Joint Meeting for the Rules and Open Government Committee and Committee of the WholeApril 26, 2023

Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
April 26, 2023