OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Rules and Open Government Committee Meeting - February 4, 2026: Agenda Review, Consent, and AB 1633

City CouncilWednesday, February 4, 2026
BodySan Jose, California
SessionCity Council
DateWednesday, February 4, 2026
StatusFILED
Video Record
0:00 / 12:43
Transcript — Verbatim
0:00

Is meeting of the Rules and Open Government Committee to order?

0:20

We have, oh, let's start with roll call, please.

0:24

Sorry, I'm...

0:24

Candelas.

0:25

Here.

0:26

Duan Foley.

0:28

Here.

0:28

Kamei absent.

0:29

Cohen.

0:30

Here.

0:30

We have a quorum.

0:31

Thank you so much.

0:32

The first item of business today is to review the council agenda for next week's meeting on February 10th.

0:38

It's noticed for a 9.30 closed session and a 1.30 regular session with the evening session canceled.

0:47

Consent starts on page 6 and continues on pages 7 and 8.

0:56

section 3 we have a mid-year budget review a potential ballot measure increasing tot

1:05

section 6 we have our 2026 power content and rates report section 8 public hearing on weed

1:14

embatement and one item on land use do you have any public comment no public comment all right

1:22

Do we have a motion or something?

1:23

Move approval with Ad Sheep.

1:26

Any questions or are we ready to vote?

1:28

Let's vote.

1:30

Okay.

1:31

The motion carries 4-0.

1:33

And we don't have a council meeting on February 17th, so we're on to consent.

1:37

And we have two items on consent today.

1:40

No public comment.

1:41

All right.

1:41

Move approval with second.

1:42

Second.

1:43

All right.

1:44

Let's vote on consent.

1:48

Motion carries 4-0.

1:50

So item C1 has had a request for deferral for the administration.

1:55

You wanted nothing to say about that, I don't think, at this moment.

1:58

We're coming back next week?

1:59

Yes, we'll come back next week.

2:01

The analysis isn't overly complicated.

2:03

We just have a number of senior staff, including myself, splitting time between City Hall and the Emergency Operations Center this week.

2:09

So it's just an ability for us to get in a room and discuss it, but it'll be heard next week.

2:13

Okay, so next week at rules we'll hear item C1.

2:16

And now item C2, the memo co-signed by a couple of us along with Council Member Ortiz and Campos on a support and collaboration for AB 1633.

2:30

And it looks like Council Member Ortiz is ready to go.

2:37

Thank you, Chair.

2:38

Hello, Honorable Rules Committee members.

2:40

Today we are bringing forward a memo calling on the city to support Assembly Bill 1633 by Assemblymember Matt Haney,

2:48

along with other legislation that advances similar goals.

2:52

AB 1633 creates real financial accountability for private detention facilities that contract with ICE,

2:59

a necessary step when profit incentives continue to drive harm in our immigration system.

3:05

I just want to thank our intergovernment relations team for their strong partnership on this memo.

3:10

When I brought the bill to their attention, the team engaged quickly and had already been proactive in identifying additional state legislation that aligns with the immigration protections that this council has already passed.

3:22

That alignment matters. It ensures the local action this council has been united around can echo across our state.

3:28

And I believe we've been clear about where we stand on transparency, accountability, and protecting our community.

3:34

So supporting AB 1633 and similar bills is a direct extension of the courageous work of this council and its council members.

3:43

And so I respectfully ask for your support.

3:47

Okay.

3:48

Looks like we have some public here, so let's hear public comment.

3:51

We currently have three speaker cards, Lucila, Kimberly, and Akemi.

3:55

Please go ahead and make your way to the podium.

3:56

Good afternoon, council members.

Discussion Breakdown — Share of Meeting
Municipal Finance█████████████████████████████████████████████62%
Procedural████████████████████████████38%
Summary of Proceedings

Rules and Open Government Committee Meeting - February 4, 2026

The Rules and Open Government Committee met on February 4, 2026, starting at 10:00 AM, with Chair Candelas presiding and members Duan, Foley, Cohen present (Kamei absent). The committee reviewed the February 10 council agenda, approved consent items, deferred one consent item due to staff availability, and unanimously approved a memo supporting Assembly Bill 1633 and similar legislation.

Consent Calendar

  • Council Agenda (Feb 10): Approved 4-0 with adoption of the agenda (closed session at 9:30 AM, regular session at 1:30 PM, evening session canceled). Consent items ran from page 6 to pages 7-8.
  • Committee Consent Items: Two items were approved 4-0 without public comment.
  • Item C1: Deferred to the next Rules Committee meeting (February 11, 2026) at the request of administration, due to senior staff splitting time between City Hall and the Emergency Operations Center.

Public Comments & Testimony

  • Lucila Ortiz (Working Partnerships/IPEN): Expressed strong support for the memo backing AB 1633, emphasizing the need for local barriers against inhumane treatment in private detention centers given federal inaction.
  • Kimberly Wu (SIREN): Shared a personal story of a relative detained by ICE and described the horrific conditions in private facilities. She detailed that AB 1633 imposes a 50% tax on corporations operating private detention facilities, reinvesting funds in legal services, and argued the tax is high because it reflects the cost of profiting from suffering and is legally defensible.
  • Akemi Flynn (IPEN/Amigos): Thanked the committee for its leadership and noted that San Jose's model had helped Santa Clara pass an "ICE-free zones" policy, urging continued support for the memo.

Discussion Items

  • Support for AB 1633 (Assemblymember Matt Haney): Councilmember Ortiz presented a memo co-signed by Councilmembers Campos, Candelas, and Cohen, calling on the city to support AB 1633, which creates financial accountability for private detention facilities contracting with ICE. The memo also supports other aligned state legislation. Councilmember Candelas spoke in support, noting his family's immigrant background and the bill's alignment with city values. Councilmember Dewan emphasized the bill's fit with fairness, accountability, and investing in people. Chair Cohen expressed pride in the city’s proactive efforts to protect communities from federal abuses.

Key Outcomes

  • Agenda approval: Motion carried 4-0.
  • Consent items: Motion carried 4-0.
  • Item C1 deferral: Deferred to next week’s Rules meeting.
  • Support for AB 1633: The committee (4-0) unanimously approved the memo endorsing AB 1633 and similar legislation, moving it to the full council for consideration.
  • Adjournment: The meeting adjourned at 2:10 PM.

Meeting Transcript

Is meeting of the Rules and Open Government Committee to order? We have, oh, let's start with roll call, please. Sorry, I'm... Candelas. Here. Duan Foley. Here. Kamei absent. Cohen. Here. We have a quorum. Thank you so much. The first item of business today is to review the council agenda for next week's meeting on February 10th. It's noticed for a 9.30 closed session and a 1.30 regular session with the evening session canceled. Consent starts on page 6 and continues on pages 7 and 8. section 3 we have a mid-year budget review a potential ballot measure increasing tot section 6 we have our 2026 power content and rates report section 8 public hearing on weed embatement and one item on land use do you have any public comment no public comment all right Do we have a motion or something? Move approval with Ad Sheep. Any questions or are we ready to vote? Let's vote. Okay. The motion carries 4-0. And we don't have a council meeting on February 17th, so we're on to consent. And we have two items on consent today. No public comment. All right. Move approval with second. Second. All right. Let's vote on consent. Motion carries 4-0. So item C1 has had a request for deferral for the administration. You wanted nothing to say about that, I don't think, at this moment. We're coming back next week? Yes, we'll come back next week. The analysis isn't overly complicated. We just have a number of senior staff, including myself, splitting time between City Hall and the Emergency Operations Center this week. So it's just an ability for us to get in a room and discuss it, but it'll be heard next week. Okay, so next week at rules we'll hear item C1. And now item C2, the memo co-signed by a couple of us along with Council Member Ortiz and Campos on a support and collaboration for AB 1633. And it looks like Council Member Ortiz is ready to go. Thank you, Chair. Hello, Honorable Rules Committee members. Today we are bringing forward a memo calling on the city to support Assembly Bill 1633 by Assemblymember Matt Haney, along with other legislation that advances similar goals. AB 1633 creates real financial accountability for private detention facilities that contract with ICE, a necessary step when profit incentives continue to drive harm in our immigration system. I just want to thank our intergovernment relations team for their strong partnership on this memo.

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