1 MEETING MINUTES OF THE
PUBLIC SAFETY, FINANCE AND STRATEGIC SUPPORT COMMITTEE
AND MEETING OF THE WHOLE
S
AN JOSE, CALIFORNIA THURSDAY, OCTOBER 19, 2023
T
he Public Safety, Finance and Strategic Support Committee Meeting was held in a hybrid format, in the Council Chambers and from remote locations. The meeting convened at 1:34 p.m.
P
resent: Councilmembers - Jimenez, Doan, Kamei (virtually), Torres, Batra.
A
bsent: Councilmembers - All present.
Pursuant to AB2449, Vice Mayor Rosemary Kamei provided notice to the Public Safety, Finance and Strategic Support Committee that she is participating virtually using the Just Cause exemption of official travel. This is her first of two allowed exemptions.
S
taff: Assistant City Manager, Lee Wilcox; Senior Deputy City Attorney, Terra Chaffee; Council Policy and Legislative Director, Mayor’s Office, Sara Garcia; and Deputy City Clerk, Yasmin Johnson.
B. R
eview of Work Plan
Public Comments: Blair Beekman provided public testimony regarding the Review of Work Plan.
Action: Upon motion by Councilmember Omar Torres, seconded by Councilmember Bien Doan, and carried unanimously, the Committee approved the Review of the Work Plan as a whole. The below actions were taken as indicated. (5-0-0)
1. No
n-Management Employee Appraisals Audit Report.
Action: The Committee deferred this item from November 16, 2023, Public Safety, Finance and Strategic Support (PSFSS) Committee agenda to the December 7, 2023, PSFSS Committee agenda. (5-0-0)
2 2. San José Police Department Cannabis Regulations.
Action: The Committee added this update report as directed by City Council at its June 13, 2023 Council meeting (Agenda Item 4.1) and placed the report on the October 19, 2023 PSFSS Committee Agenda. (5-0-0)
3. Recruitment, Hiring, and Retention Strategies Quarterly Status Report.
Action: The Committee dropped the item from the work plan for the November 16, 2023 meeting, per the October 11, 2023 Joint Meeting for the Rules and Open Government Committee. (5-0-0)
4. Language Accessibility Audit Report.
Action: The Committee dropped this item from the work plan for the November 16, 2023 meeting, per the October 11, 2023 Joint Meeting for the Rules and Open Government Committee. (5-0-0.)
5. Committee Work Plan for August 2023 to December 2023 and Draft Work Plan for January 2024 to June 2024.
Action: The Committee Work Plan for August 2023 to December 2023 and the Draft Work Plan for January 2024 to June 2024 were provided.
C. Consent Calendar
1. Bi-Monthly Financial Report for July/August 2023.
Public Comments: None provided.
Action: Upon motion by Councilmember Arjun Batra, seconded by Councilmember Bien Doan, and carried unanimously, the Committee accepted the Bi-Monthly Financial Report on actual revenues and expenditures as compared to the 2023-2024 Budget for the two months ending August 2023. (5-0-0)
D. Reports to Committee
1. Fire Department Staffing, Recruitment, Hiring, and Bilingual Services Annual Report.
Fire Chief, San José Fire Department (SJFD), Robert Sapien, Jr. and Assistant Fire Chief, SJFD, James A. Williams offered the presentation and responded to questions.
Action: Upon motion by Councilmember Omar Torres, seconded by Councilmember Bien Doan, and carried unanimously, the Committee accepted the annual report on Fire 3 Department sworn personnel staffing, recruitment, and hiring activity for Fiscal Year 2022-2023 and the status of sworn bilingual services in Fiscal Year 2022-2023. (5-0-0)
2. Innovation and Technology Projects Bi-Annual Status Report.
Chief Information Officer, Information Technology Department (IT), Khaled Tawfik; Project Division Manager, IT, Jesse Juarros; and IT Products-Projects Manager, Shirley Duong offered the presentation and responded to questions.
Councilmember Arjun Batra requested that staff bring back the following information to a future PSFSS Committee Meeting: a multidimensional project that IT is working on that requires cross-departmental collaboration, the challenges for the project, how staff plans to tackle those challenges, and the projected results.
Action: Upon motion by Councilmember Omar Torres, seconded by Vice Mayor Rosemary Kamei, and carried unanimously, the Committee accepted the verbal status report on innovation and technology projects, highlighting the condition of efforts, initiatives at risk along with mitigation steps, and completed projects. (5-0-0)
3. San José Police Department Cannabis Regulations.
San José Police Department (SJPD) Sergeant, David Woolsey; SJPD, Police-Cannabis Regulation Division Manager, Wendy Sollazzi; and Deputy Director, Code Enforcement, Rachel Roberts offered the presentation and responded to questions.
Public Comments: Sean Kali-Rai (Silicon Valley Cannabis Alliance), Dan Georgatos (Purple Lotus), Josh Santaga (JN Development/ Haze), Sharmi Shah (Registered SJ Cannabis Business), and David Nguyen provided public testimony regarding the item.
Motion: Councilmember Bien Doan moved approval of the staff recommendation, the memorandum by Councilmember Sergio Jimenez, dated October 19, 2023, and cross- referenced the report to the November 14, 2023 City Council meeting. The motion was seconded by Councilmember Omar Torres.
Assistant City Manager, Lee Wilcox requested flexibility on the timing of when recommendation 3(c) of Councilmember Jimenez’s memorandum, dated October 19, 2023, is to return. Such as 90 days or through the budget process.
Sean Kali-Rai (Silicon Valley Cannabis Alliance) responded to Councilmember Omar Torres’ question regarding the timing flexibility being requested for recommendation 3(c) of
Councilmember Jimenez’s memorandum, dated October 19, 2023.
Council Batra recommended the removal of recommendation 3(c), to allow the full scope to be developed.
Assistant City Manager, Lee Wilcox stated that staff could report back to the PSFSS 4 Committee tentatively in February 2024 before the prioritization of the budget process regarding recommendation 3(c).
Senior Deputy City Attorney, Terra Chaffee advised the Committee that recommendation 3(c) of Councilmember Jimenez’s memorandum, dated October 19, 2023, be cross- referenced to the full Council on November 14, 2023, due to its broadening of the scope.
Councilmember Sergio Jimenez clarified the motion on the floor to include the following requests from staff as part of the motion: move approval of the staff recommendation, recommendations 3(a) and 3(b) are to report back to the PSFSS Committee within the next three months, and recommendation 3(c) is cross-referenced to the full Council after staff reports back to the PSFSS Committee tentatively in February 2024 before the prioritization of the budget process to allow staff to report back with further information regarding the exploration of the scope.
The maker of the motion and the seconder agreed
with Councilmember Sergio Jimenez’s clarification of the amended motion.
Action: On a call for question, the amended motion carried unanimously, the Committee (a) accepted the update on staff’s proposed changes to the Administrative Citation Schedule of Fines for violations of Chapter 6.88 of Title 6 (Business Licenses and Regulation) of the San José Municipal Code for the Cannabis Regulatory Program, (b) cross-referenced the report to the November 14, 2023 City Council meeting.
Including the acceptance of the memorandum from Councilmember Sergio Jimenez, dated October 19, 2023, with recommendations 3(a) and 3(b) to report back to the PSFSS
Committee within the next three months; recommendation 3(c) was granted timing flexibility to be cross-referenced to the full Council after staff reports back to the PSFSS Committee tentatively in February 2024 before the prioritization of the budget process to allow staff to report back with further information regarding the exploration of the scope, to allow it to go through the budget process. The memorandum recommends the following: (1) to accept the update on staff's proposed changes to the Administrative Citation Schedule of Fines for violations of Chapter 6.88 of Title (Business Licenses and Regulation) of the San José Municipal Code for the Cannabis Regulatory Program, including the following: (a) Aligning the hours of operation with the state, which would make the new operating hours 6:00 a.m. – 10:00 p.m. Pacific Time. (2) Cross-reference this report to be heard at the November 14, 2023, City Council meeting. (3) Direct staff to report back to the PSFSS Committee within the next three months on the following topics: (a) The possibility of aligning our city’s regulations with state regulations, including but not limited to Identification Badge Requirements, while maintaining the age of purchase at 21 years in San José; (b) How San José compares with other jurisdictions on the annual fees for cannabis operations; (c) The possibility of expanding the scope of Department of Cannabis Regulations to include Vape and Smoke shops. (5-0-0.)
5 4. Response to the Investigations of Police Misconduct in San José Report by Moeel, Lah, Fakhoury, LLP.
Assistant City Manager, Lee Wilcox and Acting Independent Police Auditor, Karyn Sinunu-Towery offered the presentation and responded to questions.
Public Comments: Catherine (SJPD), Sean P. (San José POA), Gregg Adam (San José POA), Issa, Caller ‘User_2’ (President of the San José POA), Paul Soto, Blair Beekman, and Caller ‘Rev Rowan Fairgrove’ provided public testimony regarding the item.
Motion: Councilmember Arjun Batra requested to keep the current process with policy improvements to be made and did not accept the consultants recommendation of the hybrid model. Councilmember Bien Doan seconded the motion.
Vice Mayor Rosemary Kamei stated her agreement with maintaining the current process and is in favor of the motion on the floor.
Councilmember Omar Torres requested clarification stating that if Council were to move forward with the recommendation from the Consultant, regarding the hybrid model policy change, would it need to be voted upon at the ballots. City Attorney, Terra Chaffee stated the City Attorney’s office is aware of the issue and will provide that answer by the November 14, 2023 City Council Meeting.
Action: On a call for question, the motion carried unanimously, the Committee (a) did not accept the report responding to the Investigations of Police Misconduct in San José report by Moeel, Lah, Fakhoury, LLP and (b) cross-referenced the report to the November 14, 2023 City Council Meeting. (4-0-1. Noes: Jimenez.)
OPEN FORUM
1. Paul Soto spoke to an incident he faced while riding his bike and issues he’s having with drones.
2. Blair Beekman spoke to the future of technology, good practices, and human and civil rights.
ADJOURNMENT
Councilmember Sergio Jimenez adjourned the Public Safety, Finance and Strategic Support Committee Meeting at 4:48p.m.
Minutes Recorded, Prepared, and Respectfully Submitted by,
DRAFT
_____________________________
Yasmin Johnson
Deputy City Clerk, City of San José
6 Approved at Council on:
Attest By:
____________________________
Toni J. Taber, MMC
City Clerk, City of San José