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Joint Meeting for the Rules and Open Government Committee and Committee of the Whole

Regular Meeting

San Jose, CA · February 3, 2021

Agenda

Agenda

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 Chappie Jones, Chair Raul Peralez, Vice Chair Sylvia Arenas, Member David Cohen, Member Dev Davis, Member Committee Staff Dave Sykes, City Manager Toni Taber, City Clerk Nora Frimann, City Attorney Gloria Schmanek, City Manager's Office Henry Smith, Mayor's Office Ruth Krantz, City Clerk's Office Wednesday, February 3, 2021 2:00 PM Virtual Meeting https://sanjoseca.zoom.us/j/93828586066 * COVID-19 NOTICE * Consistent with the California Governor’s Executive Order No. N-29-20, Resolution No. 79485 from the City of San José and the Santa Clara County Health Officer’s March 16, 2020 Shelter in Place Order, the City Council Committee meeting will not be physically open to the public and the Committee Members will be teleconferencing from remote locations. How to observe the Meeting (no public comment): 1) Cable Channel 26, 2) https://www.sanjoseca.gov/news-stories/watch-a-meeting, or 3) https://www.youtube.com/CityofSanJoseCalifornia How to submit written Public Comment: 1) By email to city.clerk@sanjoseca.gov by 9:00 a.m. the day of the meeting. How to provide spoken Public Comment during the City Council Meeting: City of San José Page 1 Printed on 2/3/2021 Joint Meeting for the Rules and Agenda February 3, 2021 Open Government Committee and Committee of the Whole 1) By phone 888 475 4499. 938 2858 6066 Click *9 to raise a hand to speak. Press *6 to unmute. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free) 2) By online https://sanjoseca.zoom.us/j/93828586066 a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. c. When the Committee Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. d. When called, please limit your remarks to the time limit allotted. A. City Council (City Clerk) 1. Review Final Agenda ROGC Review February 9, 2021 Final Agenda 21-115 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 February 16, 2021 Draft Agenda - Cancelled 21-117 B. Review of Upcoming Special Meeting Agenda(s) C. Legislative Update 1. State 2. Federal D. Meeting Schedules City of San José Page 2 Printed on 2/3/2021 Joint Meeting for the Rules and Agenda February 3, 2021 Open Government Committee and Committee of the Whole E. The Public Record ROGC The Public Record for January 21, 2021 - January 28, 2021. (City 21-102 Clerk) Receive and file the Public Record for January 21, 2021 - January 28, 2021. Attachments The Public Record F. Boards, Commissions and Committees 1. Appointments a. ROGC Deferred Compensation Advisory Committee Appointments. (Human 21-118 Resources) - DEFERRED Recommendation: 1. Approve the following appointments to the Deferred Compensation Advisory Committee (DCAC) for a four-year term, beginning March 1, 2021 and ending on March 1, 2025: a. Jason Santos as the nominee by the “trades organizations” consisting of Association of Building, Mechanical & Electrical Inspectors (ABMEI), International Union of Operating Engineers, Local 3 (OE#3) and International Brotherhood of Electrical Workers (IBEW); b. David Woolsey as the nominee by the Police Officers’ Association (POA); and c. Jamal Fountaine as the nominee by the International Association of Firefighters, Local 230 (IAFF). 2. Place the item on the February 23, 2021 City Council Agenda for action. DEFERRED TO 2/10/2021 PER ADMINISTRATION 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 3 Printed on 2/3/2021 Joint Meeting for the Rules and Agenda February 3, 2021 Open Government Committee and Committee of the Whole 2. ROGC 457 Plan Resolution (Davis) 21-122 Recommendation: Direct staff to bring to City Council a resolution to allow current members of City Council who participate in the 457 plan in lieu of CalPERS participation to move prospectively into the City’s 401(a) plan and mandate that new Councilmembers and Mayors have the option between the defined benefit CalPERS plan and the defined contribution 401(a) plan. Attachments Memorandum from Davis 3. ROGC Public Hearing on Proposed San José Water Company Rate 21-126 Increases (Mayor) Recommendation: 1. Place on an upcoming Council Agenda a public hearing on San José Water Company’s proposed rate increases currently being considered by the California Public Utilities Commission, and invite company representatives to respond to questions about the rate increases sought by the company. 2. Direct the City Attorney to determine to what extent such a hearing might supplement the factual record of the rate case currently before the CPUC, so as to inform the Commission of the concerns of our local residents and businesses. Attachments Memorandum from Mayor Letters from the Public - 1 of 3 Letters from the Public - 2 of 3 Letters from the Public - 3 of 3 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 City of San José Page 4 Printed on 2/3/2021 Joint Meeting for the Rules and Agenda February 3, 2021 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 5 Printed on 2/3/2021