MINUTES OF THE CITY COUNCIL

 

SAN JOSE, CALIFORNIA                                                  TUESDAY, APRIL 1, 2003

 

The Council of the City of San Jose convened in Regular Session at 10:32 a.m. in Council Chambers at City Hall.

 

Present:            Council Members:        Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.

 

            Absent:             Council Members:        None.

 

Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:35 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider a case of Villarruel v. Sumner, et al.; (B) to confer with Legal Counsel regarding anticipated litigation (a) of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code and (2) to discuss one matter in the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code.

 

By unanimous consent, Council reconvened from Closed Session and recessed at 10:45 a.m. and reconvened at 1:36 p.m. in Council Chambers, City Hall.

 

Present:            Council Members:        Campos, Chavez, Chirco, Cortesé, Dando, Gregory, LeZotte, Reed, Willliams, Yeager; Gonzales.

 

            Absent:             Council Members:        None.

 

Invocation (District 4)

Bill Olson from the San José Stage Company delivered a performance as the “April Fool” in honor of April Fool’s Day.

 

Pledge of Allegiance

            Mayor Gonzales led the Pledge of Allegiance.

 

Orders of the Day

Item 10.1 was recommended to return to the Making Government Better Committee, Item 11.2 was continued to April 15, 2003, and the Orders of the Day were approved.

 

CEREMONIAL ITEMS

 

1.1       Presentation of a proclamation proclaiming April 2003 as Earthquake Preparedness Month.  (Emergency Services)

 

            Documents Filed: Memorandum from Office of Emergency Services Director, Frances E. Winslow, dated March 13, 2003, recommending approval of a proclamation to proclaim April 2003 as Earthquake Preparedness Month.

 

            Discussion/Action: Mayor Gonzales presented a proclamation proclaiming April 2003 as Earthquake Preparedness Month to John Jimenez, who accepted the proclamation in the absence of  Director of Emergency Services Frances Edwards-Winslow.

 

1.2       Presentation of a commendation to Liz Neves for her leadership as the Community Coordinator for the Adopt-A-Park Program.  (Parks, Recreation and Neighborhood Services)

 

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services Sara L. Hensley, dated March 12, 2003, recommending acknowledgment of Elizabeth (Liz) Neves for her leadership as the Community Coordinator for the Adopt-A-Park Program.

 

Discussion/Action: Mayor Gonzales, joined at the podium by Director of Parks, Recreation & Neighborhood Services Sara Hensley, presented a commendation to Liz Neves for her outstanding contributions as Community Coordinator of the Adopt-A-Park Program, which empowers residents to sustain high quality parks in their neighborhoods.

 

1.3       Presentation of a commendation to Archbishop Mitty High School Girls’ Varsity Basketball team for winning the Northern California Division 1 Basketball Title.  (Mayor)

            (Rules Committee referral 3/26/03)

           

            Documents Filed: None.

 

Discussion/Action: Mayor Gonzales and Council Member LeZotte presented a commendation to the Archbishop Mitty High School Girl’s Varsity Basketball team for winning the Northern California Division 1 Basketball Title and their great accomplishments throughout their undefeated season. Coach Sue Phillips and Assistant Coach Joe Guerra accepted the commendation and thanked the Mayor and Council for their support.

 

1.4       Presentation of a commendation to Mr. Christopher Ulrich for his outstanding contributions to our community.  (Mayor/Dando)

            (Rules Committee referral 3/26/03)

 

            Documents Filed: None.

 

Discussion/Action: Mayor Gonzales, joined at the podium by Vice Mayor Dando, presented a commendation to Christopher Ulrich, winner of the Prudential “Spirit of Community” Award and for his outstanding contributions to the San Jose community.

 

Christopher Ulrich accepted his commendation in honor of the Safe Ride program and their participants.

 

CONSENT CALENDAR

 

2.1       Approval of City Council Minutes for:

            (a)        Regular meeting of June 25, 2002

            (b)        Joint City Council/Redevelopment Agency Board/San José Financing Authority meeting of June 25, 2002

            (c)        Joint City Council/Redevelopment Agency Board meeting of June 25, 2002

 

Documents Filed: Minutes of City Council, Joint City Council/Redevelopment Agency Board/San José Financing Authority, and Joint City Council/Redevelopment Agency Board minutes of June 25, 2002.

 

            Discussion/Action: The minutes were approved. Vote: 11-0-0-0.

 

2.2       Final adoption of ordinances:

            (a)        ORD. NO. 26845 – Amends Chapter 2.08 of Title 2 of the San José Municipal Code by adding Section 2.08.1065 to provide compensation for the Civil Service Commission member and the public member of the Board of Administration for the Federated City Employees Retirement System.

 

Documents Filed: Proof of publication of the title of Ordinance No. 26845, dated March 25, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26845 was adopted. Vote: 11-0-0-0.

 

            (b)        ORD. NO. 26846 – Amends Chapter 3.28 of Title 3 of the San José Municipal Code by amending Section 3.28.1250 to update the medical examination procedures for disability retirement applications and by amending Section 3.28.1280 to clarify the calculation of service-connected disability retirement allowances in the Federated City Employees Retirement System.

 

Documents Filed: Proof of publication of the title of Ordinance No. 26846, dated March 25, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26846 was adopted. Vote: 11-0-0-0.

 

            (c)        ORD. NO. 26852 – Rezones certain real property situated at the northeast corner of N. First and E. Julian Streets to A(PD) Planned Development Zoning District.  PDC 02-077

 

Documents Filed: Proof of publication of the title of Ordinance No. 26852, dated March 25, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26852 was adopted. Vote: 11-0-0-0.

 

            (d)        ORD. NO. 26853 - Rezones certain real property situated at the south side of Murphy Avenue, approximately 400 feet easterly of Oakland Road, from A(PD) Planned Development Zoning District to A(PD) Planned Development Zoning District.  PDC 02-098

 

Documents Filed: Proof of publication of the title of Ordinance No. 26853, dated March 25, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26853 was adopted. Vote: 11-0-0-0.

 

            (e)        ORD. NO. 26854 - Rezones certain real property situated at the northerly terminus of Silence Drive.  PDC 02-096

 

Documents Filed: Proof of publication of the title of Ordinance No. 26854, dated March 25, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26854 was adopted. Vote: 11-0-0-0.

 

            (f)        ORD. NO. 26855 - Rezones certain real property situated at the east side of South Cypress Avenue, approximately 300 feet northerly of Adra Avenue (392 South Cypress Avenue) to A(PD) Planned Development Zoning District.  PDC 02-106

 

Documents Filed: Proof of publication of the title of Ordinance No. 26855, dated March 25, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26855 was adopted. Vote: 11-0-0-0.

 

            (g)        ORD. NO. 26856 - Rezones certain real property situated at the southwest corner of South First and Sutter Streets to CP-Commercial Pedestrian Zoning District.  C 03-008

 

Documents Filed: Proof of publication of the title of Ordinance No. 26856, dated March 25, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26856 was adopted. Vote: 11-0-0-0.

 

            (h)        ORD. NO. 26857 - Prezones certain real property situated at the west side of Henry Avenue, approximately 380 feet southerly of Stevens Creek Boulevard (333 S. Henry Avenue), from County to R-1-8 Residence Zoning District.  C 03-006

 

Documents Filed: Proof of publication of the title of Ordinance No. 26857, dated March 25, 2003, submitted by the City Clerk.

 

                        Discussion/Action: Ordinance No. 26857 was adopted. Vote: 11-0-0-0.

 

2.3       Approval of a ground lease with ACM Aviation, LLC (ACM) for the construction and operation of a new Fixed Base Operation on the southwest side of Norman Y. Mineta San José International Airport, for a 30 year term with one 10 year option, with the first year’s interim construction rent commencing at notice to proceed, in the amount of $86,339, and in the second year of construction in the amount of $172,679, and subsequent annual rents in the amount of $345,359, subject to annual Consumer Price Index increases, and subject to increase by appraisal every 5 years during the term of the lease.  CEQA: Resolution No. 67380, PP 00-12-180.  (Airport)

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to April 15, 2003.

 

2.4       Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Michael Stutz, artist, to fabricate and install an artwork for the Camden Community Center in an amount not to exceed $124,695.  CEQA:  Exempt, PP02-07-183.  Council District 9.  (Conventions, Arts and Entertainment)

 

Documents Filed: Memorandum from Conventions, Arts and Entertainment Acting Director, Jim McBride, dated March 12, 2003, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 71465, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Michael Stutz for a Work of Art for the Camden Community Center in an Amount not to Exceed $124,695”, was adopted. Vote: 11-0-0-0.

 

2.5       (a)        Adoption of a resolution authorizing the City Manager to negotiate and execute an amendment to the agreement with the East Side Union High School District increasing the amount by $40,000 for the Safe School/Healthy Students Initiative subgrant to the City, for a total amount of $727,030, with no change to the agreement term, and authorizing the City Manager to negotiate and execute grant agreements with service providers to provide services to at-risk youth, increasing the total amount by $40,000, from $380,000 to $420,000.

 

            (b)        Adoption of amendments to the appropriation ordinance and current funding sources resolution in the General Fund to do the following:

                        (1)        Increase the revenue estimate for Revenue from the Federal Government by $40,000.

                        (2)        Increase the Citywide appropriation for the San Jose BEST-Safe School Initiative by $40,000.

CEQA:  Not a Project.  (Parks, Recreation and Neighborhood Services/City Manager’s Office)

 

Documents Filed: Memorandum from Budget Office Director Larry D. Lisenbee and Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated March 12, 2003, recommending adoption of said resolution and adoption of amendments to said appropriation ordinance and current funding sources resolution in the General Fund.

 

Discussion/Action: Resolution No. 71466, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Amendment to the Safe School/Healthy Students Initiative Subgrant Agreement with East Side Union High School District in an Additional Amount Not to Exceed $40,000”; Resolution No. 71467, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 71072 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2002-2003 to Adjust Revenues in the General Fund”; and Ordinance No. 26860, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26674 to Appropriate Moneys in the General Fund for the San José Best – Safe School Initiative; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, were adopted. Vote: 11-0-0-0.

 

2.6       Adoption of a resolution authorizing the reorganization of territory designated as Monterey Park No. 106, which involves the annexation to the City of San José of 7.79 acres of land, located at the northeast corner of Highway 101 and Hellyer Avenue, and the detachment of the same from the Central Fire Protection District.  CEQA:  Exempt, Monterey Park No. 106.  Council District 8.  (Planning, Building, and Code Enforcement)

 

Documents Filed: Memorandum from Planning, Building & Code Enforcement Director Stephen M. Haase, dated March 12, 2003, recommending adoption of said resolution authorizing the reorganization of territory designated as Monterey Park No. 106.

 

Discussion/Action: Resolution No. 71468, entitled: “A Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Monterey Park No. 106 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0.

 

2.7       Adoption of a resolution summarily vacating the 60-foot wide Public Service Easement lying in Lot 7, Tract 9235, located on the east side of Baypointe Parkway north of Rio Robles East.  Council District 4.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated March 12, 2003, recommending adoption of said resolution.

 

Discussion/Action: Resolution No. 71469, entitled: “A Resolution of the Council of the City of San José  Summarily Vacating the 60 Foot Wide Public Service Easement Within Lot 7 of Tract No. 9235 Located on the East Side of Baypointe Parkway North of Rio Robles East”, was adopted. Vote: 11-0-0-0.

 

2.8       Approval of two agreements with Pacific Gas and Electric Company for conversion of overhead facilities to underground facilities within the In-Lieu Fee (Rule 20B) Underground Utility District at Saratoga/Moorpark in an amount not to exceed $270,115.33.  CEQA: Resolution No. 68667, PDO0-10-084.  Council District 1.  (Public Works)

 

Documents Filed: Memorandum from Director of Public Works Katy Allen, dated March 12, 2003, recommending approval of said agreements with Pacific Gas and Electric Company.

 

Discussion/Action: The said agreements with Pacific Gas and Electric Company were approved. Vote: 11-0-0-0.

 

2.9       Adoption of a resolution authorizing the Director of Public Works to negotiate and execute (1) a purchase and sale agreement in the amount of $27,200 with Edwards-Holmgren, a California general partnership, for the purchase of a strip of property located at 5801 Cottle Road, for the Edenvale Area Intersections Project, Cottle Road, and; (2) any additional documents necessary to complete the transaction.  CEQA:  Resolution Nos. 69699 and 70021 adopted.  Council District 2.  (Public Works)

            (Deferred from 3/25/03 – Item 2.11)

 

Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated March 5, 2003, recommending approval of said purchase and sale agreement with Edwards-Holmgren, and authorization for the Director of Public Works to execute any additional documents necessary to complete the transaction. (2) Supplemental memorandum from Director of Public Works Katy Allen, dated April 1, 2003, stating the City and Seller, Edward-Holmgren, a California general partnership, engaged in additional discussions after the original memo was prepared and in the process of those negotiations the seller made clear that it was not willing to provide the City with standard environmental warranties in this purchase and sale agreement. In addition, the CEQA clearance was revised to more accurately reflect the nature of the project.

 

Discussion/Action: Resolution No. 71470, entitled: “A Resolution of the Council of the City of San José  Authorizing the Director of Public Works to: (i) Execute an Agreement with Edward-Holmgren for the Purchase of Land Located at 5801 Cottle Road in San José for the Edenvale Area Intersections Project, Cottle Road; and (ii) Execute all Documents Necessary to Complete the Transaction”, was adopted. Vote: 11-0-0-0.

 

2.10     Adoption of a resolution authorizing:

            (a)        The Director of General Services to execute a second amendment to the agreement to acquire and install a departmental database system with Housing & Development Software, LLC, to modify the scope of services, to extend the term to September 6, 2003, and to increase the total compensation by the previously approved contingency amount of $50,000, for a total maximum compensation not to exceed $191,800.

            (b)        The Director of General Services to execute maintenance renewals for the ongoing software maintenance of the system with annual increases not to exceed 10% as stated in the original contract, without further Council action other than the appropriation of funding.

            (Housing/General Services)  (Deferred from 3/25/03 – Item 2.15)

 

Documents Filed: Memorandum from General Services Director Jose Obregon and Housing Director Leslye Corsiglia, dated March 18, 2003, recommending adoption of said resolution authorizing the Director of General Services to execute a second amendment to said agreement with Housing & Development Software, LLC, and to execute maintenance renewals for the ongoing software maintenance of the system without further Council action other than the appropriation of funding.

 

Discussion/Action: Resolution No. 71471, entitled: “A Resolution of the Council of the City of San José  Authorizing the Director of General Services to Execute an Amendment to the Agreement to Acquire and Install a Departmental Database System with Housing & Development Software, LLC”, was adopted. Vote: 11-0-0-0.

 

2.11     Adoption of a resolution authorizing the formation of a three member Independent Hearing Panel, consisting of a technical expert, a member of the public, and a member of the City Council.  CEQA: Not a project.  (Planning, Building and Code Enforcement)

            [Rules Committee Referral 3/26/03]

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to April 8, 2003.

 

2.12     (a)        Approval of Mayor Gonzales' travel to Sacramento, CA, for the California State Democratic Convention, March 14 and 15, 2003.  Funding: Officeholder account.

            (b)        Approval of Mayor Gonzales' travel to Washington D.C. on City business, April 7-10, 2003.  Funding: Officeholder account.

            (Mayor) (Rules Committee referral 3/26/03)

 

Documents Filed: (1) Memorandum from Mayor Gonzales, dated March 26, 2003, requesting approval to travel to Sacramento. (2) Memorandum from Mayor Gonzales, dated March 26, 2003, requesting approval to travel to Washington, D.C.

 

Discussion/Action: Mayor Gonzales’ travel to Sacramento, CA on March 14 and 15, 2003 and travel to Washington, D.C. on April 7, 2003 were approved. Vote: 11-0-0-0.

 

2.13     Adoption of a resolution authorizing the City Manager to apply for and accept, if awarded, a $300,000 Code Enforcement Grant Program (“CEGP”) grant from the State of California Department of Housing and Community Development and authorizing the City Manager to negotiate and execute all documents with the commitment that the City will use, support, and maintain the assets acquired with grant funds for at least three years.  CEAQ:  Not a project.  (Planning, Building and Code Enforcement)        (Orders of the Day)

 

Documents Filed: Memorandum from Planning, Building and Code Enforcement Director Stephen M. Haase, dated March 27, 2003, recommending adoption of said resolution

 

Discussion/Action: Resolution No. 71472, entitled: “A Resolution of the Council of the City of San José  Authorizing the City Manager to Execute and Submit an Application to the State of California Department of Housing and Community Development for a Grant for the Code Enforcement Grant Program in an Amount Not to Exceed $300,000, to Accept the Grant if Awarded, and to Negotiate and Execute all Related Documents”, was adopted. Vote: 11-0-0-0.

 

STRATEGIC SUPPORT SERVICES

 

3.2       Report of the Rules Committee – Meeting of March 12, 2003

            Vice Mayor Dando, Chair

            (Deferred from 3/25/03 – Item 3.2)

 

            Documents Filed: Rules Committee Report of March 12, 2003.

 

            (a)        Redevelopment Agency items reported out at Redevelopment Agency meeting

            (b)        City Council

                        (1)        Review March 25, 2003 Draft Agenda

 

The Committee recommended approval of the March 25, 2003 City Council agenda.

 

                        (2)        Add New Items to the March 18, 2003 Agenda

 

The Committee recommended seven additions to the March 18, 2003 City Council agenda.

 

                        (3)        Staff Reports Outstanding. Attachment: Report from City Manager dated March 11, 2003 listing two reports outstanding for the March 18, 2003 Council agenda.

 

The Committee noted and filed the City Manager’s report listing two Staff reports outstanding for the March 18, 2003 Council meeting.

 

            (c)        Legislative Update

                                    (1)        State – None filed.

                                    (2)        Federal – None filed.

 

            (d)        Meeting Schedules - There were none.

 

            (e)        The Public Record - There was no Public Record filed.

 

            (f)         Boards, Commissions and Committees - There were none.

 

            (g)        Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee - There were none.

 

            (h)        Administrative Reviews and Approval - There were none.

 

            (i)         Oral communications - None were presented.

 

            (j)         Adjournment - The meeting adjourned at 2:10 P.M.

 

Discussion/Action: Upon motion by Council Member Cortese, seconded by Council Member Chavez, and unanimously carried, the Rules Committee Report and actions of March 12, 2003 were accepted. Vote: 11-0-0-0.

 

 

            Report of the Rules Committee  – Meeting of March 19, 2003

            Vice Mayor Dando, Chair

            (Deferred from 3/25/03 – Item 3.2)

 

            Documents Filed: Rules Committee Report of March 19, 2003.

 

            (a)        Redevelopment Agency items reported out at Redevelopment Agency meeting

 

            (b)        City Council

                        (1)        Review April 1, 2003 Draft Agenda

 

The Committee recommended approval of the March 25, 2003 City Council agenda.

 

                        (2)        Add New Items to March 25, 2003 Amended Agenda

 

The Committee recommended seven additions to the March 18, 2003 City Council agenda.

 

                        (3)        List of Reports Outstanding. Attachment: Report from City Manager dated March 18, 2003 listing one report outstanding for the March 25, 2003 Council agenda.

 

The Committee noted and filed the City Manager’s report listing two Staff reports outstanding for the March 18, 2003 Council meeting.

 

            (c)        Legislative Update

                        (1)        State – None filed.

 

                        (2)        Federal

 

The Committee accepted reports on their recent trip to Washington, D.C. to attend the National League of Cities’ 2003 Congressional City Conference from Vice Mayor Dando, Intergovernmental Relations Director Shotwell, and Assistant City Manager Linder.

 

            (d)        Meeting Schedules

 

                        (1)        Request to reschedule General Plan Hearings. Attachment: Memorandum from Deanna Santana, Assistant to the City Manager, dated March 10, 2003 recommending approval to reschedule a General Plan Hearing.

 

The Committee recommended approval to reschedule the General Plan Hearing of June 3, 2003 to August 19, 2003.

 

            (e)        The Public Record. Attachment: Memorandum from City Clerk Patricia O’Hearn dated March 13, 2003 transmitting items received for the Public Record for the period February 26-March 11, 2003.

 

                        The Committee noted and filed the Public Record.

 

            (f)         Boards, Commissions and Committees–There were none.

 

            (g)        Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee

                        (1)        Request to place information about registered sex offenders in San José on City’s web page. Attachment: Memorandum from Vice Mayor Pat Dando dated March 12, 20o03 requesting Administration be directed to examine the feasibility of placing information about registered sex offenders in San José on the City’s web page and return to Council with a proposed implementation plan.

 

The Committee directed the Administration to return to Council with a proposed plan to implement Vice Mayor Dando’s request to place information about registered sex offenders in San Jose on the City’s web page.

 

            (h)        Administrative Reviews and Approval

                        (1)        Workload assessment for the issues raised in the “Discussion on Strengthening Boards and Commissions” which took place during the February 26, 2003 Building Strong Neighborhoods Committee meeting. Attachment: Memorandum from Deputy City Manager Jim Holgerson dated March 17, 2003 recommending implementing the Building Strong Neighborhoods’ directive to develop a report on how the City might strengthen its boards and commissions.

 

The Committee directed the Administration to report to Council in 90 days on how the City might strengthen its boards and commissions.

 

            (i)         Oral communications

 

Peter Campbell asked for a reply to his request (Public Record – January 27, 2003 Rules Committee agenda) to place an issue on a Council agenda. Ross Signorino requested an explanation of the newly-formed Council Standing Committees and their respective areas of responsibility.

 

            (j)         Adjournment - The meeting adjourned at 2:40 P.M.

 

Discussion/Action: Upon motion by Vice Dando, seconded by Council Member Chavez, and unanimously carried, the Rules Committee Report and Actions of March 19, 2003 were accepted with the exception of item (g)(1), to which the Administration was directed to return to Council with a proposed plan to implement Vice Mayor Dando’s request to place information about registered sex offenders in San José upon the City’s web page, in compliance with State guidelines.

 

 

3.3       Report of the Making Government Work Better Committee - Meeting of March 12, 2003

            Council Member Campos, Chair

           

Documents Filed: Making Government Work Better Committee Report of March 12, 2003.

 

            (a)        Report on Park Ranger Staffing. Attachment: Memorandum from Parks, Recreation and Neighborhood Services Director Sara L. Hensley, dated March 3, 2003, transmitting said report and recommending direction to staff to proceed with implementation of management and maintenance coverage of facilities during high use periods, scheduling community meetings regarding sports activities in parks, implementation of a volunteer trails patrol program, and completion of discussions with Santa Clara County Parks staff on developing a multi-agency volunteer trail patrol program.

 

                        The Committee accepted the staff report.

 

            (b)        Report on CSA Performance Measurements. Attachment: Memorandum from QUEST Partnership Manager Brooke Myhre, dated March 6, 2003, transmitting said report and recommending that the City Council direct the Administration to develop a proposed process for regular reporting of CSA performance measurement information to this Committee and the City Council.

 

The Committee accepted the Staff report with the direction that the next status report include a future reporting schedule.

 

            (c)        Single Audit Reports

 

                        No Committee action taken. This item was deferred to April 9, 2003.

 

            (d)        Memorandum on Internal Controls

 

                        No Committee action taken. This item was deferred to April 9, 2003.

 

            (e)        Audit follow-up on Prevailing and Living Wage. Attachment: Memorandum from City Attorney Richard Doyle and Office of Equality Assurance Director Nina Grayson, dated March 3, 2003, recommending Council direct Staff draft amendments to the City’s Living Wage and Prevailing Wage resolutions to strengthen compliance by specifically providing for withholding of payment as a remedy and by adding a liquidated damages provision to all public works construction and service and maintenance contracts.

 

The Committee accepted the Staff report and directed Staff to return to the Committee with a draft amendment that includes the following:

 

                        (1)        A representative from either the Labor Council or the Building Trades Council should be involved in drafting the amendment.

 

                        (2)        The Redevelopment Agency should support the monitoring efforts.

 

A second motion was made for the Redevelopment Agency to fund two full-time positions for the Public Works Office of Equality Assurance.

 

                                    SEE ITEM 10.1 FOR COUNCIL ACTION TAKEN

           

            (f)         Call Center Handling of Service Requests Audit Report

 

                        No Committee action taken. This item was deferred to April 9, 2003.

 

            (g)        Santa Clara County Cities Association Audit Report

 

                        No Committee action taken. This item was deferred to April 9, 2003.

 

            (h)        Airport Neighborhood Services Group Audit Report. Attachment: Report from the Office of the City Auditor, entitled: “An Audit of the Airport Neighborhood Services Group, dated March 2003.

 

                        The Committee accepted the staff report.

 

                        SEE ITEM 3.6 FOR COUNCIL ACTION TAKEN

 

            (i)         Fire Paramedics Staffing and Costs. Attachment: Memorandum from Acting Fire Chief Dale E. Foster, dated March 6, 2003, transmitting said report.

 

                        The Committee accepted the staff report.

 

            (j)         Oral petitions – None.

 

            (k)        Adjournment–  The Committee was adjourned at 4:45 P.M.

 

Discussion/Action: Council Member Chavez asked staff if there was a plan for helping to expand ranger services in city parks and to clarify the role of the park ranger. Director of Parks, Recreation & Neighborhood Services Sara Hensley stated due to the budget circumstances, the City is unable to provide more rangers, but rather, they are maximizing the use of the current park ranger staff and continuing their ambassadorship program with the Police department to handle unruly situations within city parks and utilizing the existing resources. She stated that upon a hopeful resolution of the budget crisis, Parks, Recreation, and Neighborhood Services will have the budget to hire more staff in the future. Council Member Chavez expressed concern regarding the safety of the existing park rangers and stated the limited staff and increasing park trails would make the numbers uneven and place park rangers in more crisis situations, she asked staff to ensure park ranger staffing is a priority once budgetary issues are finalized and more funding becomes available. Vice Mayor Dando asked staff to consider long term plans for handling park ranger staffing and seek alternate plans to secure their safety in the meantime. Director Hensley stated Council’s comments will be taken into serious consideration and they will seek ways to create plans to even out the ratio between park rangers and city parks. Council Member Campos directed staff to return to Council with an updated report on Park Ranger staffing. Upon motion by Council Member Campos, seconded by Council Member Chavez, and unanimously carried, the Making Government Work Better Committee Report and Actions for March 12, 2003 were accepted with Item 3.3(e) heard under Item 10.1 and Item 3.3 (h) heard under Item 3.6.

 

3.4       Approval of a report back from the City Clerk on the methodology for performance measures and overview targets.  (Mayor)

            (Deferred from 3/11/03 – Item 3.4)

 

            Documents Filed: None.

 

            Discussion/Action: This item was deferred to April 15, 2003.

 

3.5       Presentation and acceptance of the 2002 Employee Survey Results.  (City Manager’s Office)

 

Documents Filed</