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

Agenda

1. For live translations in over 50 languages, please go to https://attend.wordly.ai/join/FAYU-7105
2. How to observe the Meeting (no public comment):
3. 1) Cable Channel 24 2) https://www.sanjoseca.gov/news-stories/watch-a-meeting 3) https://www.youtube.com/CityofSanJoseCalifornia
4. How to submit written Public Comment for items on the agenda:
5. 1) By email to city.clerk@sanjoseca.gov by 8:00 a.m. the day of the meeting.
6. How to provide spoken Public Comment during the Committee Meeting:
7. 1) In Person: Fill out a Yellow Speaker's Card and submit it to boxes at the bottom of the Chambers. 2) By phone (888) 475 4499. Webinar ID: 975 5054 8493. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free) a. When prompted to enter your Participant ID, please dial the pound symbol (#); If you would like to raise or lower your hand at any time, please dial * 9. You may dial * 6 to mute/unmute. 3) By online: https://sanjoseca.zoom.us/j/97550548493 a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 16+. Certain functionality may be disabled in older browsers including Internet Explorer. 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. Public comment is limited to one-minute per item, per speaker, in accordance with Council Policy 0-37. The time limit is in the discretion of the Chair of the meeting and may be limited when appropriate.
8. City Council (City Clerk)
9. Review Final Agenda
10. ROGC 26-376 Review November 3, 2026 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)
    Rules Committee Reviews, Recommendations and Approvals Consent
11. Review Draft Agenda
12. ROGC 26-377 Review November 10, 2026 Draft Agenda. 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)
    Review Draft Agenda
13. 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.
14. Consent Calendar
15. 1. The Public Record for October 8, 2026 - October 22, 2026. (City Clerk)
    Rules Committee Reviews, Recommendations and Approvals Consent

    Receive and file the Public Record for October 8, 2026 - October 22, 2026.

16. 2. Improving Affordability for San José Residents Study Session. (City Manager)
    Rules Committee Reviews, Recommendations and Approvals Consent

    Set a City Council Study Session entitled Improving Affordability for San José Residents for Monday, November 16, 2026, from 1:30 p.m. - 4:30 p.m. in the City Council Chambers and approve the Study Session agenda.

17. 3. Deferred Compensation Advisory Committee Appointment. (Human Resources)
    Rules Committee Reviews, Recommendations and Approvals Consent

    (a) Approve the appointment of Ina “Enny” Kouzmenko as the representative nominated by the group of employees designated as American Federation of State, County, and Municipal Employees (AFSCME) Local 101 to the Deferred Compensation Advisory Committee for the remainder of a four-year term, ending on March 1, 2030. (b) Place the item on the November 3, 2026 City Council Agenda for action.

18. 4. Retroactive Approval of Various Special Events Sponsored by Council District 8 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events. (Candelas)
    Rules Committee Reviews, Recommendations and Approvals Consent

    1. Retroactively approve the Backpack Giveaway Event at Katherine Smith Elementary School scheduled on August 14, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. 2. Retroactively approve the Coffee with a Cop event at Katherine Smith Elementary School scheduled on August 20, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. 3. Retroactively approve the Music in the Villages event scheduled on September 18, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. 4. Retroactively approve the Evergreen Elementary Fall Festival scheduled on October 23, 2026, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. 5. Retroactively approve the Millbrook Trunk or Treat event scheduled on October 23, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. 6. Retroactively approve the Fall Family Festival at Lake Cunningham scheduled on October 24, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. 7. Retroactively approve the Holly Oak Harvest Festival scheduled on October 29, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. 8. Retroactively approve the Halloween at Fire Station 31 event scheduled on October 31, 2026 as a City Council sponsored Special Event and approve the expenditure of funds. 9. Approve and accept donations from various individuals, businesses or community groups to support the events. 10. Place the item on the November 3, 2026 City Council Agenda for action.

19. Rules Committee Reviews, Recommendations and Approvals
20. 1. Annual City Council Referral Status Report for Fiscal Year 2025-2026. (City Manager)
    Rules Committee Reviews, Recommendations and Approvals

    (a) Accept the City Council Referral Annual Report. (b) Cross-reference the report to the November 10, 2026, City Council meeting for full adoption.

21. 2. Automated License Plate Readers.
    Rules Committee Reviews, Recommendations and Approvals

    1. Internal Controls for Automatic License Plate Readers. (Mayor, Foley, Candelas, and Casey) a. Direct the City Manager to: 1. Strengthen departmental and Citywide policies and explore technological controls that prohibit access of any law enforcement database such as Automated License Plate Readers (ALPR) from personally owned devices. 2. Coordinate with San José Police Department (SJPD) and the Information Technology Department to strengthen audits of individual user inquiries, including increasing frequency and number of user-level audits with annual reporting to the Public Safety, Finance, and Strategic Support Committee, to identify: a. Access without legitimate law enforcement purpose. b. Suspicious search activity. c. Violations of City of San José ALPR Policy. 3. Pursue State legislation establishing criminal penalties for unauthorized access or improper information sharing, including potential amendments to Penal Code 13302 and Penal Code 502. 4. Report unauthorized disclosure or data leaks of ALPR data via information memo. 2. Automated License Plate Reader Data Access and Safeguards. (Kamei, Tordillos, Cohen, and Mulcahy) a. Direct the City Attorney, in coordination with the City Manager, to develop and present to City Council a draft ordinance defining and prohibiting the unauthorized access, use, or disclosure of Automated License Plate Reader (ALPR) data, including potential civil and criminal penalties for violations thereof, and, to the extent legally permissible, authorizing a private right of action against individuals responsible for such violations for individuals harmed by the unauthorized disclosure or misuse of ALPR data, with appropriate safeguards and enforcement considerations. b. Direct the City Manager to: 1. Prohibit access to ALPR systems and data through personal devices; 2. Restrict off-duty access to ALPR systems except for defined law enforcement purposes; and 3. Incorporate said prohibitions and restrictions into applicable City and Police Department policies and procedures. c. Direct the City Manager to evaluate additional authentication, access control, and auditing safeguards for ALPR systems, including: multi-factor authentication and automated tools to identify potentially unauthorized access or use, and to return to City Council with implementation options, associated costs, and any facilitating policy changes. d. Direct the City Manager, in coordination with the City Attorney, the Independent Police Auditor (IPA), Information Technology Department (ITD), and San José Police Department (SJPD) to explore developing a process that enables the IPA to act as an independent auditor for ALPR practices, within the scope of the IPA's role under the charter. The IPA, ITD, and SJPD should establish and return to City Council with the audit methodology, scope, frequency, and procedures, with appropriate safeguards. [Referred from 9/30/26 - Item C.2 (ROGC 26-349) and Item C.3 (ROGC 26-345)]

22. Open Forum
23. 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 Committee.
24. Adjournment
25. 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. The Levine Act requires a Party in a Proceeding before the City of San José that involves any action related to their contract, license, permit, or use entitlement to disclose any campaign contributions to City elected or appointed officials totaling more than $500 within the 12 months prior to the City decision. A Participant to a Proceeding may voluntarily report a campaign contribution. Please visit https://www.sanjoseca.gov/your-government/appointees/city-clerk/levine-act for updated forms and information.
26. 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.
27. 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.
28. Access the video, the agenda and related reports for this meeting by visiting the City's website.