RULES/AGENCY RULES COMMITTEE

Meeting Report

September 24, 2003

 

PRESENT:    Chair Dando; Members Chavez, Cortese, Williams and Yeager

 

ABSENT:       None

 

STAFF:          City Attorney Richard Doyle, City Clerk Patricia O’Hearn, Council Agenda Manager for the Mayor’s Office Jennifer Carlino, Assistant to the City Manager Deanna Santana, and Redevelopment Agency Liaison Gary Miskimon

 

Chair Dando called the meeting to order at 2:05 p.m.

 

A.        Redevelopment Agency

 

             1.        Review October 7, 2003 Draft Agenda

The Committee recommended approval of the October 7, 2003 Redevelopment Agency agenda.

 

             2.        Add New Items to September 30, 2003 Agenda

There were two changes to the September 23, 2003 Redevelopment Agency agenda:

 

       Redevelopment Board Requests

         None.

 

       Executive Director Requests

         a.      Approve a plan and schedule for issuing Requests for Proposal for certain Agency-owned properties

 

         b.      Change Item 7.1(a)(1) to read:  “. . . modular community neighborhood centers on OGSD properties located at the Edenvale and Stipe Elementary school campuses ($327,500 and $214,500 respectively) in a total amount not to exceed $542,000;”

 

       RDA Counsel Requests

                                 None.

 

             3.        Staff Reports Outstanding

           

                        Documents Filed:  Report from Redevelopment Agency Liaison Gary Miskimon, dated September 23, 2003, stating there are no staff reports outstanding for the September 30, 2003 Redevelopment Agency meeting.

                        Discussion/Action:  The Committee noted and filed the Redevelopment Agency Liaison’s report.

 

B.        City Council

 

             1.        Review October 7, 2003 Draft Agenda

The Committee recommended approval of the October 7, 2003 City Council agenda with four additions:

 

                        a.         Additions/Changes

                                   

                                    (1)       Present a check from SBC San Jose Golf Classic 2003 to Eagles at Rancho del Pueblo, Youth Golf Program  (Mayor)

 

                                    (2)       Approve amendments to the Clean Fuel (Hybrid) Vehicle Purchase Incentive Program  (Mayor)

 

                                    (3)       Present a proclamation declaring October 2003, Employment of Persons with Disabilities Month  (LeZotte)

 

                                    (4)       Present a proclamation declaring October 15, 2003 as National Disability Mentoring Day and the month of October, 2003 as Employment of Persons with Disabilities Awareness Month with the theme “America Works Best When All Americans Work”  (City Manager)

 

             2.        Add New Items to September 30, 2003 Agenda

 

Regarding Item 3.5, Public Notification and Dissemination of Information in Public Safety Investigations, (continued from 9/23/03 to 9/30/03 Council meeting), Richard Konda (Asian Law Alliance) and Sam Ho (Coalition for Justice and Accountability) requested that it be heard during the September 30th evening session and that speakers be allowed either more than two minutes each or a block of time during public testimony.  Because of the anticipated length of the evening session, the Committee denied the request to hear the item in the evening.  The Committee directed staff to request the Mayor’s Office for a time certain during the afternoon session and also suggested Mr. Konda and Mr. Ho contact the Mayor’s Office to request a time certain and to negotiate the amount of time each speaker and/or the Coalition will have during public testimony.  The Committee requested Mr. Konda and Mr. Ho work with the Coalition to ensure that presentations are concise and focused.  As a point of clarification, City Attorney Doyle explained that staff presentations on September 30th would be generic in terms of what the processes are for conducting investigations.

 

Because the September 30th Council meeting is anticipated to be lengthy, the Committee once again reviewed the agenda and directed the Administration to defer or continue the following items:

 

a.         Item 6.2, Review of an ordinance related to a Construction Impact Mitigation – Move to October 7, 2003 Council meeting

 

b.         Item 6.4, Approval of various actions related to the Master Parking Rate Schedule – Move to October 7, 2003 Council meeting

 

c.         Item 7.1, Public Hearing and approval of an ordinance modifying Storm Water Runoff Management and Post-Construction Storm Water Quality Control provisions in the San Jose Municipal Code

            Move to October 7, 2003 Council meeting

 

d.         Item 7.2, Public Hearing on proposed revisions to the City Council Policy on Post-Construction Urban Runoff Management - Move to October 7, 2003 Council meeting

 

e.         Item 10.2, Approval of proposed Design Guidelines for the Guadalupe River Park and Gardens - Move to October 7, 2003 Council meeting

 

f.          Item 11.2, Public Hearing and approval of an ordinance modifying Downtown Zoning Regulations – Continue to October 21, 2003 Council meeting

 

The Committee recommended the following additions to the September 30, 2003 City Council agenda:

 

    Mayor and Councilmember Requests

 

      a.      Approve Council Member LeZotte’s travel to Vancouver, British Columbia, Canada, October 2-3, 2003, for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit  (LeZotte)

 

      b.      Approve Mayor Gonzales’ and Joe Guerra’s travel to Vancouver, British Columbia, Canada, October 2-3, 2003, for the Silicon Valley Chamber of Commerce’s Annual Economic Development City-to-City Visit  (Mayor)

 

    City Manager Requests

 

      a.      Approve a Memorandum of Understanding with BEA Systems, Inc.

 

    City Attorney Requests

None.

    City Clerk Requests

 

      a.      Joint City Council/Redevelopment Agency Board meeting of May 13, 2003

 

      b.      Recommendation of the Parks and Recreation Commission to name a one-third acre park at Scott Street and Menker Avenue “Buena Vista Park”

 

             3.        Staff Reports Outstanding

                       

                                    Documents Filed:  Report from the City Manager’s Office dated September 23, 2003 listing four staff reports outstanding for the September 30, 2003 Council agenda.

 

                        Discussion/Action:  The Committee noted and filed the City Manager’s report.

 

C.        Legislative Update

 

            1.         State

 

                        Documents Filed:  None.

 

Discussion/Action:  Betsy Shotwell, Director of Intergovernmental Relations, informed the Committee that the State Legislature will reconvene next Monday to consider AB 1313, Megan’s Law.  She will report on this issue at next week’s Rules Committee meeting.

 

            2.         Federal

 

No report.

 

D.        Meeting Schedules

 

There were none.

 

E.        The Public Record

 

There was no Public Record filed.

 

F.         Appointments to Boards, Commissions and Committees

 

           There were none.

 

 

 

 

G.        Rules Committee Reviews, Recommendations and Approvals

 

            1.                   Reports from the City Manager and City Attorney regarding further analysis and recommendations related to “Getting Families Back to Work”

 

                       Documents Filed:  Memoranda from City Manager Del Borgsdorf dated September 24, 2003 recommending acceptance of an attached report for purposes of discussion and forwarding to the September 30, 2003 City Council meeting; and from City Attorney Richard Doyle dated September 24, 2003 responding to and supplementing responses from the City Manager as to certain legal issues raised by Council Members in connection with the “Getting Families Back to Work” agenda item to be heard September 30, 2003.

 

            Discussion/Action:  The Committee forwarded the two documents for consideration at the September 30, 2003 City Council meeting.

 

H.        Oral Communications

 

None were presented.

 

I.          Adjournment

 

            The meeting adjourned at 2:45 P.M.

 

 

 

                                                                                    ______________________________

                                                                                    Pat Dando, Chair

                                                                                    Rules/Agency Rules Committee