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 Sam Liccardo, Chair Magdalena Carrasco, Vice Chair Dev Davis, Member Chappie Jones, Member Johnny Khamis, Member Committee Staff Dave Sykes, City Manager Toni Taber, City Clerk Richard Doyle, City Attorney Gloria Schmanek, City Manager's Office Nicole Inamine, Mayor's Office Louis Osemwegie, City Clerk's Office Wednesday, May 30, 2018 2:00 PM Wing W118-120 A. City Council (City Clerk) 1. Review Final Agenda ROGC Review June 5, 2018 Final Agenda 18-314 Recommendation: 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 City of San José Page 1 Printed on 5/30/2018 Joint Meeting for the Rules and Agenda May 30, 2018 Open Government Committee and Committee of the Whole ROGC Review June 12, 2018 Draft Agenda 18-315 Recommendation: 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 B. Review of Upcoming Special Meeting Agenda(s) C. Legislative Update 1. State 2. Federal D. Meeting Schedules 1. ROGC Council Meeting Schedule and Study Session Schedule for August-December 2018. 18-317 (City Manager) Recommendation: 1) Approve the City Council Meeting Schedule for the period August-December 2018; and 2) Approve the Study Session Schedule for the period August-December 2018. Attachments Memorandum E. The Public Record ROGC The Public Record for May 18 - May 24, 2018. 18-316 Attachments Memorandum F. Boards, Commissions and Committees 1. Appointments 2. Work Plans & Annual Reports City of San José Page 2 Printed on 5/30/2018 Joint Meeting for the Rules and Agenda May 30, 2018 Open Government Committee and Committee of the Whole G. Rules Committee Reviews, Recommendations and Approvals Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine and will be adopted by one motion. If a member of the Committee, staff, or public requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately. 1. Consent Calendar a. ROGC Approval of District 4 Clean-Up Events Sponsored By Council District 4 as a City 18-323 Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Diep) Recommendation: 1) Approve the District 4 Santa Clara VTA and George Mayne Elementary School Beautification Event scheduled on June 9, 2018 as a City Council sponsored Special Event and approve the expenditure of funds. 2) Approve the District 4 Brooktree Elementary and Milpitas Christian Elementary School Dumpster Day scheduled on June 16, 2018 as a City Council sponsored Special Event and approve the expenditure of funds. 3) Approve and accept donations from various individuals, businesses or community groups to support the event. 4) Place the item on the June 5, 2018 Council Agenda for action. Attachments Memorandum b. ROGC Approval of Senior Health Fair & Walk Sponsored By Council District 5 as a City 18-324 Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Carrasco) Recommendation: 1.) Approve the Senior Health Fair & Walk scheduled on June 8, 2018 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 5, 2018 Council Agenda for action. Attachments Memorandum City of San José Page 3 Printed on 5/30/2018 Joint Meeting for the Rules and Agenda May 30, 2018 Open Government Committee and Committee of the Whole c. ROGC Approval of the Puerto Rican Flag Raising Sponsored By Council District 3 as a City 18-325 Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Peralez) Recommendation: 1) Approve the Puerto Rican Flag Raising scheduled on June 8, 2018 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 5, 2018 Council Agenda for action. Attachments Memorandum d. ROGC Approval of Senior Health Fair Sponsored By Council District 8 as a City Council 18-326 Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Arenas) Recommendation: 1) Approve the Senior Health Fair scheduled on June 9, 2018 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 5, 2018 Council Agenda for action. Attachments Memorandum e. ROGC Approval of Community Events Sponsored By Council District 7 as a City Council 18-327 Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Nguyen) Recommendation: 1) Approve the following District 7 events as City Council sponsored Special Events and approve the expenditure of funds. a) Transportation Townhall Meeting on Thursday, June 7, 2018 at Richardson Park; b) Ice Cream Social on Friday, June 8, 2018 at SevenTrees Village; c) Clean Up with Tam on Saturday, June 9, 2018 at Holly Hill Neighborhood; and d) Block Party at Tropicana on Saturday, June 23, 2018 at Midfield and Havana. 2) Approve and accept donations from various individuals, businesses or community groups to support the event. 3) Place the item on the June 5, 2018 Council Agenda for action. Attachments Memorandum END OF CONSENT City of San José Page 4 Printed on 5/30/2018 Joint Meeting for the Rules and Agenda May 30, 2018 Open Government Committee and Committee of the Whole 2. ROGC SB 1152 (Hernandez): Hospital patient discharge process. (Housing) 18-318 Recommendation: 1) Adopt no position for SB 1152 (Hernandez): Hospital patient discharge process: homeless patients. 2) Place this item on the June 12, 2018 City Council Agenda. Attachments Memorandum 3. ROGC Independent Police Auditor. (Jones/Liccardo) 18-319 Recommendation: a) Recommendations (Jones): 1) Direct staff to initiate Seal Beach Meet and Confer negotiations with the appropriate bargaining unit and return to Council with an ordinance to give the Independent Police Auditor (IPA) the authority to review the Police Department's Department Initiated Investigations (DII) and Officer Involved Shootings (OIS). 2) Direct staff to return to Council with an analysis to provide the IPA the ability to review the Police Department's Patterns and Practices in relations to use of force, stops, detention, and arrests. The IPA would be limited to reviewing the data at an aggregate level and not individual cases b) Recommendations (Liccardo): Direct the City Manager to begin Seal Beach negotiations with the appropriate bargaining units regarding: 1) Possible charter amendments relating to the Office ofthe Independent Police Auditor; a) Expanding IPA review authority to encompass officer-involved shootings and uses of force likely to resulting in serious bodily injury; b) Expanding IPA review authority to encompass Department-Initiated Investigations (DII); c) Expanding IPA review authority to encompass arrests, uses offorce, or enforcement actions by our Parks Rangers. 2) Alternatively, any municipal code changes that might encompass the issues discussed in a., supra. Attachments Memorandum from Jones Memorandum from Liccardo Letter(s) from the Public City of San José Page 5 Printed on 5/30/2018 Joint Meeting for the Rules and Agenda May 30, 2018 Open Government Committee and Committee of the Whole 4. ROGC Council Consideration of Mayor Liccardo's Letter to the California Public Utilities 18-322 Commission (CPUC). (Khamis/Rocha) Recommendation: That the Rules Committee bring Mayor Liccardo’s letter of May 21, 2018 addressed to the CPUC (Attachment A) before the full City Council on June 5, 2018 for the purposes of taking a support position for his request that the CPUC review the proposed San Jose Water Company (SJWC) - Connecticut Water Service Company Merger. Expedited consideration is requested due to the time sensitivity of this matter. Attachments Memorandum Letter(s) from the Public 5. ROGC Outdoor Special Events on Private Property. (Liccardo/Peralez) 18-321 Recommendation: Approve a request to agendize for Council deliberation at the June 19, 2018 City Council meeting, to direct the City Manager to allow an alternate security ratio for outdoor public events on private property with music, such as the Taylor Street Night Market, that would be lower than the current ratio prescribed in the Public Entertainment Permit. An alternate private security ratio of 1:200 or 1:250 patrons should beconsidered. Events able to utilize an alternate security ratio would be ones that meet the following criteria: 1. Event producer is not an existing Entertainment Permit holder; 2. Event to be held on private property is permitted with a Conditional Use Permit; 3. Event is a public event, open to all ages, 4. Event is exclusively held outdoors; 5. Event is to end by 10:00pm 6. Event only serves beer and wine; and, 7. Event serves or makes food available for sale and food comprises majority of on-site sales. Attachments Memorandum H. Review of additions to Council Committee Agendas/Workplans 1. Community and Economic Development Committee 2. Neighborhood Services and Education Committee City of San José Page 6 Printed on 5/30/2018 Joint Meeting for the Rules and Agenda May 30, 2018 Open Government Committee and Committee of the Whole 3. Transportation and Environment Committee 4. Public Safety, Finance and Strategic Support Committee 5. Joint Meeting of the Rules and Open Government Committee and Committee of the Whole 6. Smart Cities and Service Improvement Committee I. Open Government J. 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. K. Adjournment 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 7 Printed on 5/30/2018