San Jose Rules and Open Government Committee Meeting Summary – October 28, 2026

The San Jose Rules and Open Government Committee convened on October 28, 2026, at 2:00 PM. The agenda included reviews of upcoming City Council meetings, approval of a consent calendar, a detailed review of the annual City Council Referral Status Report (fiscal year 2526), and a discussion on automated license plate reader (ALPR) policies. Public testimony was heard on several topics, predominantly the proposed Mobile Home Rent Ordinance (RSO) amendments (Item 65) and the use of ALPR technology. The committee passed all motions unanimously (5-0).

Consent Calendar

• The committee approved the draft agenda for the November 3rd City Council meeting, including an ad sheet.
• The committee approved the draft agenda for the November 10th City Council meeting.
• The committee approved its own consent calendar for the October 28th meeting.

Public Comments & Testimony

• On Item C1 (Referral Status Report / Mobile Home Rent Ordinance Item 65):
  • Multiple speakers, including Marge Lundberg, Daniel Finn (Housing and Community Development Commissioner), Martha O'Connell (GSMOL), Patrick (Colonial Mobile Manor), Patrick Grimes (Westwinds), John Saheem, Kelly, and Glenna Halcroft (District 7), urged the committee to drop Item 65. Speakers argued the current rent stabilization ordinance is effective, the housing department's outreach process was biased and dismissive, and vacancy decontrol would severely harm residents by increasing rents upon the sale of homes.
  • Jordan Mulldown (District 3) questioned a referral marked complete regarding the First Responder Fee, asking why exceeding revenue expectations didn't trigger a review when revenues were actually lower than expected.
• On Automated License Plate Readers (ALPRs):
  • Many speakers from the Safety Over Surveillance Coalition (Musa from CAIR, Tim McKenzie from the Silicon Valley DSA, Andrew Siegler from Surge, KBT, Jordan Mulldau, Kimberly Wu from Siren) demanded the immediate cancellation of the Flock camera contract, covering of existing cameras, and an independent audit of the system. They expressed distrust in the police department's ability to self-regulate following a documented misuse case where an officer used the system to locate a domestic violence survivor for her abuser.
  • Other speakers echoed these sentiments, arguing the technology violates Fourth Amendment protections against unwarranted surveillance and that the risk of abuse outweighs the benefits.
• Open Forum:
  • Martha, a resident of a senior mobile home park near the creek, requested a response from the director of emergency preparedness regarding flood preparation plans for disabled residents.
  • Tim Emigan argued that investigations relying on ALPR data without a judicial warrant risk having evidence ruled inadmissible under the "fruit of the poisonous tree" doctrine.

Discussion Items

• Item C1: Annual City Council Referral Status Report (FY 2526)
  • Eric Jensen (Deputy Director) reported that 182 open referrals rolled into the current fiscal year, comprising continuing referrals plus 55 added through the March budget message and 17 through the June budget message. The report did not account for actions taken at the prior week's City Council meeting on planning prioritization.
  • Focus on Item 65 (Mobile Home Rent Ordinance): Vice Mayor Foley moved to accept the report and direct the City Manager to facilitate meetings between mobile home park owners and tenants. The deferral aims to let stakeholders attempt to reach a consensus on modernizing the 40-year-old ordinance without the department leading the process.
  • Kevin Fisher (Assistant City Attorney) clarified that any amendments to referrals require full City Council approval, so the motion needed to go to the November 10th council meeting. Eric Sullivan (Housing Director) confirmed the department would provide support but would not lead the convening, waiting for consensus recommendations before returning to Council.
  • Councilmember Kamei expressed skepticism about the likelihood of a breakthrough but supported giving the process a chance. The motion was amended to specifically address only Item 65 and passed unanimously (5-0).
• Automated License Plate Readers (ALPRs)
  • Staff presented a workload analysis that "green-lit" most proposed policy changes and "yellow-lit" two items related to creating a private right of action and independent auditing.
  • Chief of Police Paul Joseph defended the ALPR system, stating it has been instrumental in driving down crime rates and achieving a 100% homicide solve rate since their deployment in 2022. He cited the Kim Hung jewelry store robbery as a major success where the technology aided in identifying suspects.
  • Chief Joseph addressed the officer misconduct case, explaining he could not disclose the active investigation during the March City Council meeting without jeopardizing the officer's termination process and a concurrent POST investigation. He denied any systemic data leaks or unauthorized use for immigration enforcement.
  • Councilmember Kamei requested an information memo detailing the progress of the green-lit items before the March 2027 budget message to evaluate whether additional resources, such as a dedicated technology oversight position, are needed.
  • Councilmember Duane emphasized the critical role of ALPRs in public safety, balancing the community's privacy concerns against the need for effective crime-fighting tools.

Key Outcomes

• Item 65 Deferred: The committee voted unanimously (5-0) to forward the Annual Referral Report to the November 10th City Council with a specific amendment to defer Item 65. The City Manager is directed to support direct stakeholder meetings between mobile home park owners and residents. The housing department will not return to the City Council with revised recommendations until these convenings are complete.
• ALPR Policies Approved: The committee voted unanimously (5-0) to forward the ALPR workload analysis and its associated policies to the full City Council for adoption.
• Future Reporting Requirement: The City Manager is directed to provide an information memo before the March 2027 budget process outlining the status of the approved ALPR policies. This will allow the Council to consider if additional resources, such as a dedicated technology oversight position, are needed.