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 Chappie Jones, Vice Chair Sylvia Arenas, Member Dev Davis, Member Johnny Khamis, Member Committee Staff Dave Sykes, City Manager Toni Taber, City Clerk Richard Doyle, City Attorney Gloria Schmanek, City Manager's Office Mackenzie Mossing, Mayor's Office Louis Osemwegie, City Clerk's Office Wednesday, December 4, 2019 2:00 PM Wing Rooms W118-120 A. City Council (City Clerk) 1. Review Final Agenda ROGC Review December 10, 2019 Final Agenda 19-462 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 Amended Agenda Add Sheet 2. Review Draft Agenda City of San José Page 1 Printed on 12/4/2019 Joint Meeting for the Rules and Agenda December 4, 2019 Open Government Committee and Committee of the Whole ROGC Review December 17, 2019 Draft Agenda 19-463 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 ROGC Emergency Management Study Session. (City Manager) 19-467 Recommendation: Set a City Council Study Session entitled Emergency Management for Thursday, January 30, 2020 from 9:00 a.m. - 12:00 p.m. in Wing Rooms 118-120 and approve a draft Study Session agenda. Attachments Memorandum E. The Public Record ROGC The Public Record for November 14, 2019 - November 26, 2019 19-474 Recommendation: Receive and file the Public Record for November 14, 2019 - November 26, 2019. (City Clerk) Attachments The Public Record F. Boards, Commissions and Committees 1. Appointments 2. Work Plans & Annual Reports City of San José Page 2 Printed on 12/4/2019 Joint Meeting for the Rules and Agenda December 4, 2019 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 Palestinian Flag Raising Event Sponsored by Council 19-464 District 10 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Khamis) Recommendation: 1. Approve the Palestinian Flag Raising scheduled on April 3, 2020 as a City Council sponsored Special Event. 2. Approve and accept donations from various individuals, businesses or community groups to support the event. 3. Place the item on the December 10, 2019 Council Agenda for action. Attachments Memorandum City of San José Page 3 Printed on 12/4/2019 Joint Meeting for the Rules and Agenda December 4, 2019 Open Government Committee and Committee of the Whole (b) ROGC Approval of City Hall Free Use on Saturday, December 21, 2019 by 19-465 Council District 2 for the Homeless Memorial Observance as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Jimenez) Recommendation: 1. Adopt a resolution authorizing “Free Use” for a memorial observance in the Rotunda on Saturday, December 21, 2019, to honor the houseless individuals that have died unsheltered on the streets of San José, bring awareness to the tragedy of homelessness and build community support for compassionate solutions to our City’s homeless crisis, hosted by the Silicon Valley Interreligious Council and the District 2 Council office. 2. Approve the Homeless Memorial Observance scheduled on December 21, 2019 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 December 10, 2019 Council Agenda for action. Attachments Memorandum (c) ROGC Retroactive Approval of District 4 Christmas Tree for the Berryessa 19-469 Community Center Sponsored by Council District 4 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Diep) Recommendation: 1. Retroactively approve the donation of a Christmas tree from District 4 to be placed in the Berryessa Community Center lobby and decorated by staff on December 2, 2019 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 December 10, 2019 Council Agenda for action. Attachments Memorandum City of San José Page 4 Printed on 12/4/2019 Joint Meeting for the Rules and Agenda December 4, 2019 Open Government Committee and Committee of the Whole (d) ROGC Approval of District 4 Crafts Booth at the Berryessa Community Center 19-470 Breakfast with Santa Sponsored by Council District 4 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Diep) Recommendation: 1. Approve the crafts booth at the Berryessa Community Center Breakfast with Santa event scheduled on December 7, 2019 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 December 10, 2019 Council Agenda for action. Attachments Memorandum (e) ROGC Approval of District 4 Dumpster Day Sponsored by Council District 4as 19-471 a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event. (Diep) Recommendation: 1. Approve the Dumpster Day event scheduled on December 14, 2019 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 December 10, 2019 Council Agenda for action. Attachments Memorandum END OF CONSENT 2. ROGC Digital Cities Survey Awards Dinner. (Jones) 19-466 Recommendation: 1. Approve the receipt of gifts received in official capacity in accordance with Municipal Code section 12.08.120.B. 2. Place the item on the December 10, 2019 Council Agenda for action. Attachments Memorandum City of San José Page 5 Printed on 12/4/2019 Joint Meeting for the Rules and Agenda December 4, 2019 Open Government Committee and Committee of the Whole 3. ROGC Spending Priorities for Potential General Fund Revenue from a Real 19-472 Property Transfer Tax Measure. (Mayor, Peralez, Diep, Foley) Recommendation: 1. Place on the December 10, 2019 Council meeting agenda a budgeting discussion and consideration of spending priorities for potential General Fund revenue that may result from the passage of a real property transfer tax measure. 2. Direct staff to provide the necessary amendments to Council Policy 1-18, Operating Budget and Capital Improvement Program Policy, for the outcome of the Council’s deliberations on this budgeting decision. 3. Include within the Council Policy the following spending priorities for General Fund revenue flowing from the potential real property transfer tax measure: a. Up to 5% set-aside for City administration of funding related to increased workload resulting from more robust homeless prevention efforts and the creation of more affordable housing, and b. Of the remaining revenue, allocate: i. 10% for homelessness prevention and rental assistance for homeless college and school-engaged students, victims of domestic violence, seniors, and families, ii. 45% for permanent supportive and affordable rental housing for extremely low-income (ELI) households-defined as earning less than 30% of area median income (AMI), iii. 35% for affordable rental housing for 30%-80% AMI households, and iv. 10% for below market-rate for-sale housing and moderate-income rental housing-up to and including 120% AMI-including rent-restricted ADU forgivable loans, down payment assistance, and first-time homeownership opportunities for households up to 120% AMI. 4. We also propose further transparency and accountability of the City Council’s spending decisions relating to revenue from the real property transfer tax revenue, in addition to the already-directed requirement of a two-thirds Council vote amending any spending priorities and establishment of an Oversight Committee: a. Requiring a 60-day notice and at least two public hearings prior to the Council taking action on any proposed change to the annual spending plan that could shift any funding, and b. Creating a separate accounting for the revenues generated by the measure for the purposes of oversight by the Oversight Committee. City of San José Page 6 Printed on 12/4/2019 Joint Meeting for the Rules and Agenda December 4, 2019 Open Government Committee and Committee of the Whole Attachments Memorandum 4. ROGC Resolution in Support of Transforming PG&E into a 19-475 Customer-Owned Utility. (Mayor) Recommendation: Adopt a resolution that supports transforming Pacific Gas & Electric into a private, customer-owned utility, maintaining the utility's current service area. Attachments Memorandum Mutualization Resolution H. Review of additions to Council Committee Agendas/Workplans 1. Community and Economic Development Committee 2. Neighborhood Services and Education Committee ROGC Update to the August - December 2019 Neighborhood Services & 19-468 Education Committee Workplan. (Parks, Recreation & Neighborhood Services) Recommendation: Approve the following change to the August - December 2019 Neighborhood Services & Education Committee Workplan to drop the following item from December 12, 2019: BeautifySJ Annual Report and Update on Council Policy Priority #25 (Private Property Graffiti Abatement Ordinance). (Parks, Recreation and Neighborhood Services/Planning, Building and Code Enforcement). Attachments Memorandum 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 City of San José Page 7 Printed on 12/4/2019 Joint Meeting for the Rules and Agenda December 4, 2019 Open Government Committee and Committee of the Whole 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 8 Printed on 12/4/2019