Joint Meeting for the Rules and Open Government Committee and Committee of the Whole

Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Agenda Wednesday, August 21, 2019 Committee Members Sam Liccardo, Chair Chappie Jones, Vice Chair Sylvia Arenas, Member Dev Davis, Member Johnny Khamis, Member Committee Staff Dave Sykes, City Manager Toni Taber, City Clerk Richard Doyle, City Attorney Gloria Schmanek, City Manager's Office Mackenzie Mossing, Mayor's Office Louis Osemwegie, City Clerk's Office Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole A. City Council (City Clerk) 1. Review Final Agenda Review August 27, 2019 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) Attachments August 27, 2019 Agenda Add Sheet 2. Review Draft Agenda Review Draft Agenda - September 3, 2019 Cancelled. B. Review of Upcoming Special Meeting Agenda(s) C. Legislative Update 1. State 2. Federal D. Meeting Schedules E. The Public Record The Public Record for August 9 - August 15, 2019. Recommendation: Receive and file the Public Record for August 9 - August 15, 2019. (City Clerk) Attachments The Public Record F. Boards, Commissions and Committees 1. Appointments 2. Work Plans & Annual Reports City of San José Page 2 Printed on 8/21/2019 Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole G. Rules Committee Reviews, Recommendations and Approvals Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine and will be adopted by one motion. If a member of the Committee, staff, or public requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately. 1. Consent Calendar (a) Approve the Northside Night Market Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Peralez) Recommendation: 1. Approve the Northside Night Market scheduled on August 24, 2019 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 August 27, 2019 Council Agenda for action. Attachments Memorandum (b) Approval of Kids We Lose Film Screening Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Peralez) Recommendation: 1. Approve the Kids We Lose Film Screening scheduled on September 26, 2019 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 August 27, 2019 Council Agenda for action. Attachments Memorandum City of San José Page 3 Printed on 8/21/2019 Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole (c) Retroactive Approval of the Taylor Street Night Market Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Peralez) Recommendation: 1. Retroactively approve the Taylor Street Night Market scheduled on July 25, 2019 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 August 27, 2019 Council Agenda for action. Attachments Memorandum (d) Retroactive Approval of the Guadalupe River Park Community Clean Up Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Peralez) Recommendation: 1. Retroactively approve the Guadalupe River Park Community Clean Up scheduled on July 16, 2019 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 August 27, 2019 Council Agenda for action. Attachments Memorandum (e) Retroactive Approval of the Indian Independence Day Flag Raising Community Event Sponsored by Council District 8 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Arenas) Recommendation: 1. Retroactively approve the Indian Independence Day Flag Raising Event scheduled on August 16, 2019 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 August 27, 2019 Council Agenda for action. Attachments Memorandum END OF CONSENT City of San José Page 4 Printed on 8/21/2019 Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole 2. Hate Crime Prevention. (Jimenez) Recommendation: Direct the San José Police Department, in coordination with the City Manager’s Office, to begin the following work: 1. Provide an update to the full City Council on statistics related to hate crimes in San José over the last five years and provide information on any ongoing and future efforts by the San José Police Department to address hate crimes. 2. Initiate conversations with the County of Santa Clara and support any efforts, including a task force, to address ongoing safety concerns and prevent acts of violence motivated by racism, white nationalism, xenophobia, and hate. Attachments Memorandum Council Policy: Early Consideration Response Form Letters from the Public City of San José Page 5 Printed on 8/21/2019 Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole 3. A Harm Reduction Approach: Eliminating the "Gun Violence Subsidy". (Mayor, Jones, Peralez) City of San José Page 6 Printed on 8/21/2019 Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole Recommendation: 1. Purpose: This policy shall have three basic purposes regarding gun violence: harm reduction, alignment of risk, behavior and financial responsibility, and reduction of public burden. 2. Insurance for all gun owners Upon complying with standard City processes for Council-requested policy proposals, evaluate and present to Council options requiring all residents of the City of San Jose-other than sworn employees of law enforcement agencies-to have insurance for their ownership or possession of a gun. a. No Registry/ Licensing/ Data Collection: To ensure compliance with state law, such an insurance requirement must not contain any provision for a registry or licensing scheme, nor shall the City collect any data beyond that necessary to implement this policy. b. Provision of Insurance: The insurance requirement may be provided by an existing homeowner's policy, renter's policy, or a stand-alone policy. In the instance where the gun owner's insurer does not provide appropriate coverage, or the individual cannot obtain insurance coverage, the gun owner must participate in a public pool, as described in 3., below. Coverage: Insurance shall include coverage for accidental discharge of the gun, and for the intentional acts of third parties who steal, borrow, or otherwise acquire the gun. To comply with state law and with longstanding insurance principles designed to avoid moral hazard, the insurance shall not cover liability of the policyholder for his or her own intentional conduct. 3. Fee to Fund Public Pool to Address "Gun Violence Subsidy" Where insurance is not available, or as an alternative to an insurance mandate, Staff shall consider how the City might require gun owners to pay a per-household fee to participate in a public compensation pool sufficient to eliminate the public cost of the "gun violence subsidy" to existing gun owners. a. Gun Violence Subsidy: The "Gun Violence Subsidy" incorporates all financial burdens borne by the public for private usage and ownership of firearms that result in harm, including but not limited to: • Emergency medical response provided by the San Jose Fire Department, and public-funded transport by AMR; • Hospitalization and treatment provided by VMC and other public hospitals funded by MediCal, the County, or other public sources; • Rehabilitation and physical therapy funded by public sources; City of San José Page 7 Printed on 8/21/2019 Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole • Incident response by San Jose Police Department; • Expenditures by state-funded Victim-Witness Assistance Center programs for funeral services, counseling, and other expenses; • Prosecution expenses by the County District Attorney's Office; and • Any other expenses foreseeably borne by taxpayers for gun violence. b. Nexus Study: Staff shall engage an expert consultant to conduct a nexus study to aggregate the Gun Violence Subsidy in the City of San Jose, and assess a per-household fee on gun-owning households that would accurately relieve that aggregate burden from the public. c. Partnership with County and State: Staff shall reach out to the County of Santa Clara, State of California, and other relevant agencies to assess (a) costs incurred by those agencies, and (b) their interest in partnering with the City to recoup those costs through fee revenue. d. Allocation of Risk: Staff shall consider varying the fee based upon circumstances actuarially related to the risks associated with the gun's possession, e.g., to reduce or eliminate the fee where the gun owner has completed a sanctioned gun safety course within a designated period, or to increase the fee where young adults under 25 possess or have access to the gun, for example. e. Legality: Staff shall consider how the Council can establish "by a preponderance of the evidence ... that the amount [of the fee] is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on ... the governmental activity," as required under Proposition 26. 4. Enforcement a. Construct a set of enforcement misdemeanor sanctions analogous to those outlined in California Vehicle Code 16209, which provides fines and other penalties for the misdemeanor of operating a vehicle without insurance. b. Enforcement would remain the responsibility of any police officer or other designated city official lawfully present to identify the presence of a firearm, whether via plain view, a consent search, and/or pursuant to a search warrant or any other lawful basis for search. 5. Tax Separately, Staff shall consider for citywide polling in October a City of San José Page 8 Printed on 8/21/2019 Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole measure that would impose an additional tax on all ammunition and firearm purchases in the City. Engage with the County and surrounding cities regarding implementing a uniform tax regionally, to fund gun safety classes, violence prevention programs, and additional victim assistance services for survivors of gun violence not otherwise provided through the state-funded Santa Clara County Victim- Witness Assistance Center. 6. Legislative Advocacy Identify within the existing legislative priority advocacy for a statewide insurance- and/or fee- based approach to gun violence harm reduction, and place this item on the Agenda for the Fall 2019 Legislative Priorities updates. Further urge legislation that removes potential obstacles to local solutions such as these, including barring any legal claims asserting state preemption over a locally-enacted insurance- or fee-based approach. 7. Taking Guns and Other Weapons Out of Dangerous Hands a. Consent-to-Search Program for Juveniles Evaluate, in partnership with the Santa Clara County District Attorney's Office, the cost and benefits of a program, similar to St. Louis', enabling parents to allow SJPD to search their homes for any weapons owned by their dependents, and to seize those weapons, in exchange for an agreement not to prosecute the dependent for unlawful possession of the firearm or weapon. b. Gun Bounty Program Evaluate, in partnership with other relevant agencies, the cost and benefits of a program similar to that in Pittsburg, which offered cash rewards to anonymous tipsters who identified unlawful (e.g., those with prior felony convictions or domestic violence restraining orders) possessors of firearms. Attachments Memorandum Council Policy: Early Consideration Response Form Letters from the Public H. Review of additions to Council Committee Agendas/Workplans 1. Community and Economic Development Committee 2. Neighborhood Services and Education Committee City of San José Page 9 Printed on 8/21/2019 Joint Meeting for the Rules and Agenda August 21, 2019 Open Government Committee and Committee of the Whole 3. Transportation and Environment Committee 4. Public Safety, Finance and Strategic Support Committee 5. Joint Meeting of the Rules and Open Government Committee and Committee of the Whole 6. Smart Cities and Service Improvement Committee I. Open Government J. 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. K. Adjournment 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 10 Printed on 8/21/2019