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Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
December 6, 2023

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Agenda
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December 6, 2023
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Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
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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
David Cohen, Chair
Pam Foley, Vice Chair
Sergio Jimenez, Member
Dev Davis, Member
Rosemary Kamei, 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/85991848944
Wednesday, December 6, 2023 2:00 PM
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 for items on the agenda:
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 12/6/2023
Joint Meeting for the Rules and December 6, 2023
Open Government Committee and
Committee of the Whole
Agenda
1) By phone 888 475 4499. Webinar ID: 85991848944. 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/85991848944.
a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 16+. 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.

Vice Mayor Rosemary Kamei will be participating via videoteleconference at the following location:

County Government Center – Lower Level Conference Room, 70 W. Hedding Street - East Wing, San Jose, CA 95110
A. City Council (City Clerk)

1. Review Final Agenda
Review December 12, 2023 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
23-437
Agenda
Add Sheet
Attachments

2. Review Draft Agenda
ROGC Review December 19, 2023 Draft Agenda - Cancelled
23-438
City of San José Page 2 Printed on 12/6/2023
Joint Meeting for the Rules and December 6, 2023
Open Government Committee and
Committee of the Whole
Agenda
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
The Public Record for November 21 - November 30, 2023. (City Clerk)
ROGC
23-439

1. Recommendation: Receive and file the Public Record for November 21 - November 30, 2023.

Attachments The Public Record
Update to the August - December 2023 Neighborhood Services and Education Committee Work Plan. (Parks, Recreation and
Neighborhood Services)
ROGC
23-440

2. Recommendation: Approve an amendment to the August – December 2023 Neighborhood Services and Education (NSE) Committee Work Plan to drop the following item scheduled for the December 14, 2023 NSE Committee meeting:

Neighborhoods Commission Status Report.

Purpose: Provide a status report on the membership, structure, and future of the Neighborhoods Commission and coordination with the Citywide Community Engagement Framework effort. (Parks, Recreation and Neighborhood Services/City Manager)
Attachments Memorandum
Update to the August - December 2023 Public Safety, Finance and Strategic Support Committee Work Plan. (City Auditor)
ROGC
23-441

3. Recommendation: Approve an amendment to the August – December 2023 Public Safety, Finance and Strategic Support (PSFSS) Committee Work Plan to drop the following item from the December 7, 2023, PSFSS Committee meeting:

Non-Management Employee Appraisals Audit Report.

Purpose: Provide a report on the non-management employee appraisals audit. (City Auditor)
Attachments Memorandum
City of San José Page 3 Printed on 12/6/2023
Joint Meeting for the Rules and December 6, 2023
Open Government Committee and
Committee of the Whole
Agenda
ROGC Monthly Report of Activities for November 2023. (City Auditor) 23-442

4. Recommendation: Approve the Auditor’s Office Monthly Report of Activities for the month of November 2023.

Attachments Memorandum
Approval and Retroactive Approval of Special Events Sponsored by Council District 3 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. (Torres)
ROGC
23-443

5. Recommendation: 1. Retroactively approve the Torres Tree Giveaway event scheduled on December 2, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.

2. Approve the La Posada de la Comunidad event scheduled on December 14, 2023 as a City Council sponsored Special Event and approve the expenditure of funds.

3. Approve and accept donations from various individuals, businesses or community groups to support the events.

4. Place the item on the December 12, 2023 Council Agenda for action.

Attachments Memorandum from Torres

END OF CONSENT
C. Rules Committee Reviews, Recommendations and Approvals City of San José Page 4 Printed on 12/6/2023
Joint Meeting for the Rules and December 6, 2023
Open Government Committee and
Committee of the Whole
Agenda
Prohibiting the Unlawful Possession of Catalytic Converters in San José. (Mayor, Cohen, and Foley)
ROGC
23-444

1. Recommendation: 1. Direct the City Manager and City Attorney to:
a. Draft an ordinance to prohibit the unlawful possession of catalytic converters in San José.
b. Draft a resolution amending the Administrative Citation Schedule of Fines to establish civil fines for unlawful possession of a catalytic converter specifying increased fines for repeat violations of the same code provision by the same person within twelve months from the date of an administrative citation.
c. Return to City Council for consideration of the draft ordinance and resolution in early 2024.

Memorandum from Mayor, Cohen, and Foley
Early Consideration Response Form - 12/6/2023
Attachments
Request to Add Resolution on Childcare to the City Council Meeting Agenda of December 12, 2023. (Kamei)
ROGC
23-445

2. Recommendation: 1. Consider a Resolution of the City Council of the City of San Jose Declaring the City’s Commitment to Affordable Childcare

2. Add the draft Resolution of the City Council of the City of San Jose Declaring the City’s Commitment to Affordable Childcare to the City Council Agenda for its regular meeting of December 12, 2023

3. Authorize the City Attorney’s Office to make such formatting and non-substantive changes and additions as it deems appropriate or necessary.

Attachments Memorandum from Kamei
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 Committee.

E. Adjournment
City of San José Page 5 Printed on 12/6/2023
Joint Meeting for the Rules and December 6, 2023
Open Government Committee and
Committee of the Whole
Agenda
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.

To request an accommodation or alternative format for City-sponsored meetings, events or printed materials, please call the Office of the City Clerk 408-535-1260 as soon as possible, but at least three business days before the meeting/event.

Access the video, the agenda and related reports for this meeting by visiting the City's website.

City of San José Page 6 Printed on 12/6/2023

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