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 Henry Smith, Mayor's Office Louis Osemwegie, City Clerk's Office Wednesday, March 18, 2020 2:00 PM Wing Rooms W118-W120 A. City Council (City Clerk) 1. Review Final Agenda ROGC Review March 24, 2020 Final Agenda 20-103 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 ROGC Review March 31, 2020 Draft Agenda - Cancelled 20-104 B. Review of Upcoming Special Meeting Agenda(s) City of San José Page 1 Printed on 3/18/2020 Joint Meeting for the Rules and Agenda March 18, 2020 Open Government Committee and Committee of the Whole C. Legislative Update 1. State 2. Federal D. Meeting Schedules ROGC Diridon Station Area Plan/Google Mixed-Use Development Study 20-113 Session. (Economic Development) Recommendation: Set a City Council Study Session entitled Diridon Station Area Plan/Google Mixed-Use Development for Friday, April 24, 2020 from 1:00 p.m. - 5:00 p.m. in the City Council Chambers and approve a draft Study Session agenda. Attachments Memorandum E. The Public Record ROGC The Public Record for March 5, 2020 - March 12, 2020. (City Clerk) 20-105 Recommendation: Receive and file the Public Record for March 5, 2020 to March 12, 2020 Attachments Public Record F. Boards, Commissions and Committees 1. Appointments 2. Work Plans & Annual Reports 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 END OF CONSENT City of San José Page 2 Printed on 3/18/2020 Joint Meeting for the Rules and Agenda March 18, 2020 Open Government Committee and Committee of the Whole 2. ROGC Approval of District 10 Grant for Kiwanis Club of Almaden 20-102 (Khamis) Recommendation: Approve a grant to Kiwanis Club of Almaden for their Turnaround Scholarships in the amount of $1,000.00 to be paid by Council District 10’s SAP Center Community Fund City-Wide appropriation. Attachments Memorandum City of San José Page 3 Printed on 3/18/2020 Joint Meeting for the Rules and Agenda March 18, 2020 Open Government Committee and Committee of the Whole 3. ROGC Paid Sick Leave Ordinance (Esparza, Carrasco, Arenas) 20-114 City of San José Page 4 Printed on 3/18/2020 Joint Meeting for the Rules and Agenda March 18, 2020 Open Government Committee and Committee of the Whole Recommendation: (1) Direct City Attorney to return to the City Council on April 7th, 2020 with an ordinance and a companion urgency ordinance to allow employees in San Jose to earn paid sick time to address their personal and family health needs and prevent unnecessary death and illness during public health emergencies, including from the novel coronavirus (COVID19) pandemic, under the following conditions: (a) An ordinance will cover all employees, as provided under Sections 2750.3 and 245.5 of the California Labor Code, who have worked at least two hours within the geographic boundaries of San Jose for an employer. (b) Building on local ordinances including San Diego, Oakland and San Francisco, the ordinance should require employers to provide workers with one hour of paid sick leave for every 30 hours worked for an employer. Employees should be able to accrue a maximum of 80 hours of paid sick leave [or equal to two weeks’ worth of paid sick leave] and should be allowed to begin using paid sick days after no more than 90 calendar days of employment. (c) Employees should be eligible to use paid sick days when they are ill or injured or for the purpose of receiving medical care, treatment, prevention or diagnosis, as provided under California Labor Code 233(b)(4) but also for children, parents, legal guardians, siblings, grandparents, grandchildren and relationships resulting from adoption and foster care. This should include recovery from physical or psychological injury or disability from sexual assault or domestic violence. (d) The ordinance should integrate an enforcement mechanism, building off of the City of Oakland’s paid sick days ordinance, including protections for workers from retaliation for use of paid sick days under the ordinance. (e) Any employer with an existing plan that provides paid sick leave equal to or greater than the City’s protection should have its program grandfathered and be exempt from the ordinance. (f) In the event of a public health emergency impacting San Jose, as declared by the US Department of Health and Human Services, State or County public health officials, the ordinance should provide employees additional paid sick time from their employer, in addition to any amount of sick days already accrued. The amount should be equal to number of hours that employee regularly works in a 14 day period, calculated as an average of either the past 12 months of employment or since being employed by their current employer. City of San José Page 5 Printed on 3/18/2020 Joint Meeting for the Rules and Agenda March 18, 2020 Open Government Committee and Committee of the Whole (2) The City Manager should be directed to prepare a budget amendment to extend such paid sick leave protection to City hourly workers, utilizing resources from available budget reserves. (3) Direct intergovernmental relations and Economic Development staff to work to advocate to state and federal authorities for appropriate subsidies, financing and other financial assistance to small business and micro businesses adapting to these new rules and the impacts of the public health emergency related to the novel coronavirus (COVID-19). Attachments Memorandum Attachment A Letter from Senator Beall Letters from the Public & Unions H. Review of additions to Council Committee Agendas/Workplans 1. Community and Economic Development Committee 2. Neighborhood Services and Education Committee 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. City of San José Page 6 Printed on 3/18/2020 Joint Meeting for the Rules and Agenda March 18, 2020 Open Government Committee and Committee of the Whole 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 3/18/2020