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, Assistant City Manager Toni Taber, City Clerk Nora Frimann, City Attorney Gloria Schmanek, City Manager's Office Wednesday, April 27, 2022 2:00 PM Virtual Meeting - https://sanjoseca.zoom.us/j/91241177464 * COVID-19 NOTICE * Consistent with AB 361 and City of San Jose Resolution Nos. 79485, 80237, 80266, 80290, 80323, 80343, 80363, 80400 and 80445, the 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 Committee Meeting: City of San José Page 1 Printed on 4/27/2022 Joint Meeting for the Rules and Agenda April 27, 2022 Open Government Committee and Committee of the Whole 1) By phone 888 475 4499. 91241177464 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/91241177464 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 May 3, 2022 Final Agenda 22-182 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 May 10, 2022 Draft Agenda 22-183 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 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. City of San José Page 2 Printed on 4/27/2022 Joint Meeting for the Rules and Agenda April 27, 2022 Open Government Committee and Committee of the Whole B. Consent Calendar 1. ROGC The Public Record for April 14 - April 21, 2022. (City Clerk) 22-184 Recommendation: Receive and file the Public Record for April 14 - April 21, 2022. Attachments The Public Record 2. ROGC Retroactive Approval of a Dumpster Day Sponsored by Council District 22-185 9 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Foley) Recommendation: 1. Retroactively approve the Dumpster Day held at the Cambrian Park Plaza scheduled on April 9, 2022 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 May 3, 2022 Council Agenda for action. Attachments Memorandum from Foley 3. ROGC Approval of Three Dumpster Days Sponsored by Council District 5 as a 22-186 City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Carrasco) Recommendation: 1. Approve the Dumpster Day scheduled on May 7, 2022 as a City Council sponsored Special Event and approve the expenditure of funds. 2. Approve the Dumpster Day scheduled on May 21, 2022 as a City Council sponsored Special Event and approve the expenditure of funds. 3. Approve the Dumpster Day scheduled on June 4, 2022 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 May 3, 2022 Council Agenda for action. Attachments Memorandum from Carrasco - revised 4/25/2022 END OF CONSENT C. Rules Committee Reviews, Recommendations and Approvals City of San José Page 3 Printed on 4/27/2022 Joint Meeting for the Rules and Agenda April 27, 2022 Open Government Committee and Committee of the Whole 1. ROGC Addressing Rising Crime and Expanding Treatment for Arrestees in San 22-187 José. (Mayor, Carrasco, and Mahan) City of San José Page 4 Printed on 4/27/2022 Joint Meeting for the Rules and Agenda April 27, 2022 Open Government Committee and Committee of the Whole Recommendation: Direct the City Manager to participate in meetings with the Mayor’s Office, SJPD, and key decision makers with other agencies to establish an approach for addressing the public safety challenges posed by high rates of recidivism and methamphetamine addiction among pretrial releases of arrestees in Santa Clara County. Specifically, the City Manager is directed to focus on actions that will support the following outcomes: 1) Re-arrest Repeat Felony and Violent Offenders: Reduce rate of arrestee reoffending in San Jose neighborhoods after post-arrest release by: a) Provision of data and advocacy with the Mayor’s Office to encourage the revision pandemic-era bail and release policies to implement a stronger presumption of detention upon re-arrest of a defendant who has previously failed to appear on a felony charge after release, and/or where he possesses a violent or serious offense history; b) Work with the County, District Attorney, and the countywide chiefs of police to discuss formation of a countywide team focused on warrant arrests for defendants who have failed to appear in court, prioritizing felons with violent criminal history. 2) Detain High-Risk Arrestees: Determine what combination of improved training, better coordination, or supplemental non-sworn staffing could most effectively ensure that SJPD prepares accurate bail affidavits with supportive criminal histories, court appearance histories, and other relevant details of prior offenses for SJPD officers to present to County Pretrial Services upon booking, and otherwise support efforts to secure appropriate bail or detention on high-risk arrestees engaged in violent or serious felonies, or in illegal sales of dangerous drugs. 3) Expand Access to Detoxification and Treatment for Released Arrestees: a) Determine how the City and other partners-including the County and local health plans, such as Anthem or SCFHP-can work together to identify, construct, and operate quick-build housing or rehabilitated motels that incorporate outpatient, on-site detoxification and treatment of drug-involved arrestees released by the courts. i. Submit an application by the May 31, 2022 deadline for state funding under California’s Behavioral Health Continuum Infrastructure Program (BHCIP) and Community Care Expansion (CCE) with ongoing treatment and staffing funding through the recently-federally approved Cal-AIM state program; ii. Ensure sufficient detoxification and treatment focus on City of San José Page 5 Printed on 4/27/2022 Joint Meeting for the Rules and Agenda April 27, 2022 Open Government Committee and Committee of the Whole criminogenic stimulants, such as methamphetamine and cocaine; b) Explore partnerships to secure state funding to pilot a contingency management behavioral treatment program for addicted arrestees in San José; 4) Relief for Victimized Small Businesses: Provide relief for small retailers, grocery stores, and homeowners suffering from underreported theft and larceny by: a) Uploading Video Evidence: Improve the functionality of SJPD’s recently revamped digital evidence collection system by providing an easily identifiable, user-friendly, public-facing portal through the existing SJPD.org website where a reporting party can upload of store-security or home-camera video associated with an online report or an SJPD-issued case number. b) Crime Cameras for Small Businesses in High-Crime Neighborhoods: Return through the budget process to discuss how to allocate Council-approved funding and state grants for businesses seeking to install surveillance cameras in high-crime areas. c) Halt online fencing: Supporting federal legislation, the INFORM for Consumers Act, and a similar state bill, SB301, to halt the online fencing that fuels many burglaries by mandating that digital marketplaces require vendors to fully disclose and verify their identities, as eBay does already. d) Theft Enforcement: Securing funding for local anti-theft efforts announced by Governor Newsom and Attorney General Bonta in November 2021 to support: • Deploying Community Service Officers or other non-sworn staff to draft warrant applications for the arrest of high-frequency repeat thieves (e.g., those readily identified through store cameras) • Partnerships with retailers to use decoy technology (e.g., embedded “AirTags” in displayed merchandise) for theft detection; or • Other strategies crafted by SJPD in partnership with community stakeholders to address retail theft afflicting small business owners 5) Improve Accountability and Inform Policy: Work with other local agencies to collect and present data for the public, our local Assembly and State legislative delegation, the judiciary, and other local policymakers relating to the effect of elevated rates of pretrial releases on public safety, including but not limited to: a) Release outcomes: including the rates of recidivism of City of San José Page 6 Printed on 4/27/2022 Joint Meeting for the Rules and Agenda April 27, 2022 Open Government Committee and Committee of the Whole defendants on pretrial release, distinguishing between those ordered to wear electronic monitoring (EM) devices from non-EM defendants; b) Public costs of re-arrest, including: • The cost to the City taxpayers for SJPD officers’ travel to other counties and states to arrest defendants for extradition where those individuals have fled upon release from bail; • Cases in which SJPD has declined to engage in extradition due to resource constraints; • The cost to City and County taxpayers of re-arrest within Santa Clara County of individuals released prior to trial who have reoffended or failed to appear. [Deferred from 4/13/2022 - Item C.1 (ROGC 22-160)] Attachments Memorandum from Mayor, Carrasco, and Mahan Early Consideration Response Form Letters from the Public 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 City Council. E. Adjournment 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 7 Printed on 4/27/2022