San José Rules and Open Government Committee and Committee of the Whole Joint Meeting – September 16, 2026

The Rules and Open Government Committee (ROGC) and Committee of the Whole met jointly on September 16, 2026, at 2:00 PM for a 20‑minute hybrid session. The committee reviewed upcoming council agendas, approved four consent calendar items, and directed staff to study self‑checkout safety standards. All votes were unanimous (4‑0, with one member absent).

Consent Calendar

• Public Record (Sept 3‑10, 2026): Received and filed unanimously.
• Free Use of Janet Gray Hayes Rotunda (Nov 19, 2026): Approved for the Santa Clara County Association of Realtors (SCCAOR) Fall General Membership Meeting, sponsored by Council District 9. The item was placed on the October 6, 2026 City Council agenda for action.
• Retroactive Approval – Santos Family Car Show (Sept 5, 2026): Sponsored by Council District 4, approved retroactively and placed on the September 22, 2026 Council agenda.
• Retroactive Approvals – Council District 5 Events: Six events (Back to School Bash, National Night Out, Lowrider Day, Mexican Independence Day El Grito, Mexican Flag Raising, and Tower/Rotunda Lighting) were retroactively approved and placed on the September 22, 2026 Council agenda.

Public Comments & Testimony

• E‑Comment Functionality: A commenter (Brian) noted the absence of e‑comment on the city calendar and asked for either an agenda update or restoration of the feature.
• Consent Calendar – Rotunda Use: A caller criticized providing free use of city space to the real estate association, calling it “corporate welfare” while parking meters remain broken.
• Self‑Checkout Safety Standards:
  • Yvonne Savedra (UFCW Local 5, 35‑year Lucky’s employee) thanked the council members for addressing self‑checkout issues. She stated that technology must support workers and customers, and that one employee should not be expected to monitor several stations, assist customers, respond to machine issues, unlock merchandise, and confront theft simultaneously. She emphasized that adequate staffing is a tool to combat retail theft.
  • Chris Bontan (UFCW Local 5, 36‑year Lucky’s employee) presented data: self‑checkout machines have a shrink rate of 3.5% (16 times higher than traditional lanes at 0.21%); roughly 33% of retail transactions occur through SCO; San Jose’s grocery/retail/pharmacy sales are between $2.6‑$3.1 billion. He noted that in California, sales tax does not apply to certain items (e.g., baby formula, cooking wine, energy bars).
  • Call‑in speakers described unsafe conditions at a Safeway on Almaden and Cherry Avenue, citing a homeless encampment, aggressive panhandling, overwhelmed workers, and locked‑up merchandise. One speaker asserted that retail theft and lack of enforcement make shopping difficult for law‑abiding customers.
• Open Forum: A commenter expressed concern about the fairness of upcoming elections. Another called for removal of red‑light and speed cameras, and requested street sweeping of leaf piles on Cherry Avenue.

Discussion Items

• Self‑Checkout Safety Standards for Grocery and Drug Retail Stores (Item C‑1, 26‑324): Co‑authored by Council Members Candelas and Cohen. Council Member Candelas introduced the item, explaining that seniors in his district find self‑checkout frustrating and that retail theft is a growing concern (citing a nearly 14% increase in shoplifting in California in 2024, 50% higher than 2019). The memo calls for: (1) directing the City Manager to review policy approaches (including elements from ordinances in Long Beach, Costa Mesa, and Santa Ana) and return with options before the FY2027‑2028 priority‑setting process; (2) engaging the County of Santa Clara’s Office of Labor Standards Enforcement on worker safety partnerships. The committee moved the item to workload analysis, with a return to the Rules Committee in two weeks.

Key Outcomes

• Approval of Future Council Agendas: The September 22, 2026 final agenda and September 29, 2026 draft agenda were approved unanimously (4‑0) after public comment.
• Consent Calendar Approval: All four items were approved as a block by a 4‑0 vote.
• Self‑Checkout Directive: The motion to direct the City Manager to analyze self‑checkout staffing and safety standards, and to partner with the County, passed 4‑0. The item will return to the Rules Committee in two weeks.
• Adjournment: The meeting adjourned at 2:20 PM.