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

City of San José City of San José 200 East Santa Clara Street San Jose, CA 95113 Agenda Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Committee Members Chappie Jones, Chair Raul Peralez, Vice Chair Sylvia Arenas, Member David Cohen, Member Dev Davis, Member Committee Staff Lee Wilcox, Deputy City Manager Toni Taber, City Clerk Nora Frimann, City Attorney Gloria Schmanek, City Manager's Office Henry Smith, Mayor's Office Wednesday, June 16, 2021 2:00 PM Virtual Meeting https://sanjoseca.zoom.us/j/93828586066 * COVID-19 NOTICE * Consistent with the California Governor’s Executive Order No. N-29-20, Resolution No. 79485 from the City of San José and the Santa Clara County Health Officer’s March 16, 2020 Shelter in Place Order, the City Council Committee meeting will not be physically open to the public and the Committee Members will 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 city.clerk@sanjoseca.gov by 9:00 a.m. the day of the meeting. How to provide spoken Public Comment during the City Council Meeting: City of San José Page 1 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole 1) By phone 888 475 4499. 938 2858 6066 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/93828586066 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 ROGC Review June 22, 2021 Final Agenda 21-609 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 Agenda Add Sheet 2. Review Draft Agenda ROGC Review June 29, 2021 Draft Agenda 21-610 a. Add New Items to Draft 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 Agenda B. Review of Upcoming Special Meeting Agenda(s) C. Legislative Update City of San José Page 2 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole 1. State 2. Federal D. Meeting Schedules ROGC City Council Parking and Transportation Demand Management Study 21-617 Session. Recommendation: Schedule a City Council Study Session entitled Parking and Transportation Demand Management for Friday, August 27, 2021 from 9:00 a.m. – 12:00 p.m. in the Council Chambers and approve the Study Session agenda. Attachments Memorandum E. The Public Record ROGC The Public Record for June 3, 2021 - June 10, 2021. (City Clerk) 21-611 Receive and file the Public Record for June 3, 2021 - June 10, 2021. Attachments The Public Record F. Boards, Commissions and Committees 1. Appointments 2. Work Plans & Annual Reports 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 City of San José Page 3 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole a. ROGC Approval of Parks and Recreation Month Community Event Sponsored 21-612 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. Approve July 2021 as Parks and Recreation Month to be recognized by the 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 June 29, 2021 Council Agenda for action. Attachments Replacement Memorandum from Arenas, 6/15/2021 b. ROGC Approval of Northwood Park Dumpster Day Sponsored by Council 21-613 District 4 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Cohen) Recommendation: 1. Approve the Northwood Park Dumpster Day scheduled on June 19, 2021 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 June 22, 2021 Council Agenda for action. Attachments Memorandum from Cohen City of San José Page 4 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole c. ROGC Approval of Three Neighbor Day Events Sponsored by Council District 21-614 10 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Mahan) Recommendation: 1. Retroactively approve the Shadowbrook Neighbor Day held on May 22, 2021 as a City Council sponsored Special Event and approve the expenditure of funds. 2. Approve the VEP Neighbor Day scheduled on June 19, 2021 as a City Council sponsored Special Event and approve the expenditure of funds. 3. Approve the Playa del Rey Neighbor Day scheduled on June 26, 2021 as a City Council sponsored Special Event and approve the expenditure of funds. 4. Approve and accept donations from various individuals, businesses or community groups to support the event. 5. Place the item on the June 22, 2021 Council Agenda for action. Attachments Memorandum from Mahan d. ROGC Approval of Proclamation for National Immigrant Heritage Month 21-615 Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Carrasco) Recommendation: 1. Approve National Immigrant Heritage Month scheduled on June 22, 2021 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 June 22, 2021 Council Agenda for action. Attachments Memorandum from Carrasco END OF CONSENT City of San José Page 5 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole 2. ROGC Reducing Gun Harm, and the Public Burdens of Gun Violence. 21-616 (Liccardo, Jones, Peralez, Cohen, Carrasco) City of San José Page 6 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole Recommendation: 1. Reducing Gun Harm, and the Public Burdens of Gun Violence: Direct the City Attorney to return to Council in September with an ordinance for Council approval that would require every gun owner residing in the City of San José—with exceptions delimited below—to obtain and maintain a City-issued document evincing (i) payment of an annual fee, and (ii) attestation of insurance coverage for unintentional firearm-related death, injury, or property damage. a. Compliance: 1) The gun owner shall sign and complete the insurance attestation, describing her specific policy number and issuer, and sign it under penalty of perjury. Acceptable coverage may include any homeowner's or renter's policy providing a minimum coverage amount. 2) The document (or signed waiver) shall be kept wherever guns are stored or transported with the owner (in-home gun safe, in car, etc.). b. Exemptions and waivers: 1) A written, discretionary waiver of the fee requirement and the insurance coverage will be permitted for all low-income individuals who qualify under Cal. Govt. Code §68632. However, the owner must store and maintain the waiver document with the gun. 2) An exemption from these requirements will exist for sworn law enforcement. 3) An exemption from these requirements will exist for holders of a concealed carry weapon (CCW) permits, if the City Attorney deems it necessary to do so to avoid conflicts with state preemption over CCW regulation. c. Penalties: Failure to comply shall constitute a civil violation subjecting the owner to the temporary or permanent seizure of the gun, and under specified circumstances, a fine. Subsequent failure to yield firearms upon the lawful demand of a law enforcement official under this ordinance would constitute a misdemeanor. d. Legal issues: 1) To minimize financial risk against the City, the City Manager is directed to retain fee revenue in a segregated account until the conclusion of active litigation seeking to overturn the ordinance. 2) The City Attorney shall evaluate the legal feasibility of applying these requirements upon all persons possessing a firearm in the City of San Jose, whether they reside here or not. 3) The City Attorney shall evaluate the constitutionality of permanent seizure of the firearm as a consequence of City of San José Page 7 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole noncompliance. e. Fee Calculation and Revenue: 1) Pursuant to state law, fee revenue may only be utilized to fund city services provided specifically to respond to gun harm, including police officer response, fire/emergency medical response, and any City assistance to victims and their families. 2) Return in September with the final report from the Pacific Institute for Research and Evaluation (PIRE) detailing the financial burden carried by City taxpayers for the use of firearms in the City, pursuant to Proposition 26. Calculate a fee substantially below each gun owner's pro-rata share of that cost, to ensure clear legal satisfaction of Proposition 26's dictates. As Proposition 26 allows, the fee should provide full cost recovery for the City's cost of processing the fee application. 3) Should the County of Santa Clara indicate a willingness to participate in and enforce a fee mandate, fee revenue would be shared with the County to fund such services as emergency room treatment, victim assistance, jail, criminal prosecution, and mental health services within the constraints of Prop 26. f. Ghost Guns: ensure that the definition of "firearm" under the ordinance includes unfinished frames and receivers commonly sold as do-it-yourself guns and/or assembled after downloading and 3D printing. 2. Gun Violence Restraining Orders (GVRO): Direct the City Manager to return to Council in the Fall to identify ways to increase access and use of GVRO's, including: a. Better inform residents in multiple languages about accessing GVROs, such as by: ● requiring protocols in our gang prevention outreach by employees of PRNS and affiliated non-profits to clients and family members; ● reviewing and revising SJPD protocols and training about proactively informing reporting parties of domestic violence about the availability of GVRO's (rather than doing so only upon their affirmative disclosure of the existence of a firearm in the home); ● publicly displaying information in our police lobbies, on our city website, and other prominent locations; ● communicating to key HR/risk officers among employers and school districts; and ● participating in a convening of stakeholders by the District Attorney's Office to explore other options for enhancing public City of San José Page 8 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole awareness. b. Update training protocols for officers regarding recent changes in state law that enable police officers to complete DVRO's on behalf of residents afraid or otherwise constrained from doing so. c. Return to Council during the time for identifying City-sponsored legislation, and add for Council consideration a bill that would strengthen the effectiveness of GVRO's, including (a) broadening authority to search the subject's residence to ensure compliance; (b) enhancing sanction for violating a GVRO from a misdemeanor to a wobbler/felony; (c) enabling District Attorney's offices to submit GVRO's on behalf of concerned witnesses and victims. 3. Assault Weapons Ban: Direct the City Attorney to file an amicus curia or to join other cities and counties throughout the state in jointly filing to appeal the June 4, 2021, District Court decision in Miller v. Bonta that overturned California's three-decade ban on assault weapons. 4. Ghost Guns: Direct the City Attorney to craft a prohibition on the possession, assembly, and manufacturing of any untraceable gun lacking a serial number, in collaboration with partner organizations such as Brady United and Gifford Law Center, to cover gaps in California state prohibitions, most of which do not take effect until July 2022. 5. Straw Purchasing and Suicide Prevention: Direct the City Attorney to bring to Council this June the final ordinance of the measures upon which Council had already voted in 2019, to regulate gun sale transactions to counter "straw purchasing"—such as by videotaping transactions and training gun store staff—and to post suicide prevention information prominently at the point of sale. Gun store staff training should include vigilance for circumstances of the purchase of guns by domestic violence victims for their disqualified abusers. 6. Ammunition Checks: If pending federal litigation overturns the 2016 California mandate for background checks on all ammunition purchasers, return to Council to consider several options, including (a) assessing the legality of an SJPD-issued permit for ammunition purchases, and (b) evaluate whether to mandate fingerprinting on all ammunition purchases within the City of San José, modeled on the successful efforts of sixteen other cities. City of San José Page 9 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole 7. "Looking out for One Another": Convene with County leaders to discuss how we can create a public campaign to encourage appropriate notification to mental health or law enforcement authorities of implied or explicit threats of violence, planning or preparatory steps to commit violence, or apparent fascination with prior acts of violence. 8. Gun Buy-Back programs: Direct the City Manager to return to Council to discuss how the City could more frequently host gun buy-backs and strengthen partnerships for buy-back programs with Santa Clara County and other public, private, and non-profit organizations. 9. Leveraging Federal Information for Early Intervention: Direct the City Manager to work with the Santa Clara County District Attorney to enhance communication between the San José Police Department and other local law enforcement with key Federal agencies— specifically the Special Agents in Charge (SAC) for local Federal Bureau of Investigations, Bureau of Alcohol, Tobacco, and Firearms, DEA, DHS, and U.S. Customs and Border Control—to improve protocols that will enable local law enforcement access to critical information about high-risk individuals in San José. Report back to Council the findings from such efforts. Attachments Memorandum from Liccardo, Jones, Peralez, Cohen, Carrasco Letter from the Public H. Review of additions to Council Committee Agendas/Workplans 1. Community and Economic Development Committee 2. Neighborhood Services and Education Committee 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 City of San José Page 10 Printed on 6/17/2021 Joint Meeting for the Rules and Agenda June 16, 2021 Open Government Committee and Committee of the Whole 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 11 Printed on 6/17/2021