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, June 1, 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, 80445, 80481 and 80507, 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 6/8/2022 Joint Meeting for the Rules and Agenda June 1, 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 June 7, 2022 Final Agenda 22-247 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 14, 2022 Draft Agenda 22-248 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 6/8/2022 Joint Meeting for the Rules and Agenda June 1, 2022 Open Government Committee and Committee of the Whole B. Consent Calendar 1. ROGC The Public Record for May 19 - May 26, 2022. (City Clerk) 22-249 Recommendation: Receive and file the Public Record for May 19 - May 26, 2022. Attachments The Public Record 2. ROGC Approval of Seventh Annual Fourth of July Fireworks Festival 22-250 Sponsored by Council District 10 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event; and Approval of District 10 Abierto Funds Grant for Almaden Valley Women's Club as Non-Profit Partner in this Event. (Mahan) Recommendation: 1. Approve the Seventh Annual Fourth of July Fireworks Festival scheduled on July 4, 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. Approve the grant of D10 Abierto funds in the amount of $44,000 to the Almaden Valley Women’s Club to support this event. 4. Place the item on the June 7, 2022 Council Agenda for action. Attachments Memorandum from Mahan 3. ROGC Retroactive Approval of Mother's Day Celebration Sponsored by 22-254 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. Retroactively approve the Mother’s Day Celebration scheduled on May 11, 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 June 7, 2022 Council Agenda for action. Attachments Memorandum from Carrasco City of San José Page 3 Printed on 6/8/2022 Joint Meeting for the Rules and Agenda June 1, 2022 Open Government Committee and Committee of the Whole 4. ROGC Retroactive Approval of Leadership Event Sponsored by Council 22-255 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. Retroactively approve the Leadership Event scheduled on May 6, 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 June 7, 2022 Council Agenda for action. Attachments Memorandum from Carrasco 5. ROGC 2022-2023 Council Meeting Schedule and August - December 2022 22-256 Study Session Schedule. (City Manager) Recommendation: 1. Approve the City Council Meeting Schedule for the period August 2022 - June 2023. 2. Approve the Study Session Schedule for the period August 2022 - December 2022. Attachments Memorandum END OF CONSENT C. Rules Committee Reviews, Recommendations and Approvals City of San José Page 4 Printed on 6/8/2022 Joint Meeting for the Rules and Agenda June 1, 2022 Open Government Committee and Committee of the Whole 1. ROGC Protecting the Public from Predatory Criminal Behavior Pending 22-244 Investigations of Employee Misconduct (Mayor) Recommendation: 1. Direct the Independent Police Auditor (IPA), within this calendar year, to: a. Initiate a review and report findings in public session to the City Council concerning San Jose Police Department investigation of misconduct amounting to predatory criminal behavior by City employees. b. Make recommendations regarding SJPD policies and procedures to ensure protection of the public from such behavior. The scope of that review shall include: i. SJPD’s investigatory and disciplinary treatment of sexual battery allegations regarding Officer Matthew Dominguez in May of 2021, and the decisionmaking regarding whether he would be placed on administrative leave or reassigned pending that investigation; and ii. The SJPD’s determination that it could not or would not investigate two anonymous complaints- received in December of 2018 and February of 2019- against former City of San Jose Code Enforcement Inspector William Gerry, recently sentenced to a term of 35 years of prison on sexual assault, bribery, and extortion charges; and iii. Any other examples in which place at issue the timeliness or responsiveness of a SJPD investigation of allegations of criminally predatory behavior by any other City employees that could pose a risk on the community. c. The City Auditor and City Manager shall work in coordination with the IPA to ensure she has access to a complete factual record that includes any work previously performed by those offices. d. To the extent that the City Attorney determines that the scope of this direction exceeds the authority of the Independent Police Auditor, the Council shall consider an independent investigation pursuant to Section 416 of the San Jose City Charter. 2. Direct the City Manager to return to Council to describe what citywide policies have been implemented-or will be implemented-to address the risk of exposing the public to harmful behavior pending investigations of City employees’ criminal conduct, such as by establishing that credible allegations of predatory criminal conduct constitute a clear “trigger” for mandatory leave until an investigation has concluded. City of San José Page 5 Printed on 6/8/2022 Joint Meeting for the Rules and Agenda June 1, 2022 Open Government Committee and Committee of the Whole Attachments Memorandum from Mayor Early Consideration Response Form 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 6 Printed on 6/8/2022