RULES/AGENCY RULES COMMITTEE
Meeting Report
December 3, 2003
PRESENT: Chair
Dando; Members Chavez, Cortese, Yeager and Williams
ABSENT: None
STAFF: City
Attorney Rick Doyle, Assistant City Manager Mark Linder, 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 December 16, 2003 Draft Agenda
The Committee recommended approval of the December
16, 2003 Redevelopment Agency agenda.
2. Add New Items to December 9, 2003 Agenda
The Committee recommended the following changes to
the December 9, 2003 Redevelopment Agency agenda:
● Redevelopment
Board Requests
None.
● Executive
Director Requests
a. Change Item 4.1 to read: “Adoption of a resolution by the Agency
Board approving an Intercreditor Agreement among the Agency, Centre Mortgage
Capital, LLC, Centre solution (US) Limited, Landesbank Hessen-thuringen
Girozentrale, and U.S. Bank Trust National Association, in conjunction with the
Substitution of the Letter of Credit securing repayment of the Agency’s
Multifamily Housing Revenue Bonds for the 101 San Fernando Apartments.”
b. Add an item: Approve the Annual Report of Financial Transactions of Community
Redevelopment Agencies, FY 2002-03
● RDA
Counsel Requests
None.
3. Staff Reports Outstanding
Documents
Filed: Report from Redevelopment
Agency Liaison Gary Miskimon, dated December 2, 2003, stating there is one
staff report outstanding for the November 25, 2003 Redevelopment Agency
meeting.
Discussion/Action: The Committee noted and filed the
Redevelopment Agency Liaison’s report.
B. City
Council
1. Review December 16, 2003 Draft Agenda
The Committee recommended approval of the December
16, 2003 City Council agenda.
a. Additions/Changes
(1) During the evening session, hear
recommendation of the Parks and Recreation Commission to name a new park
located at the intersection of Sixth and William Streets “O”Donnell’s Gardens
Park”
(Parks
and Recreation Commission/City Clerk)
2. Add New Items to December 9, 2003 Agenda
The Committee recommended the following additions to
the December 9, 2003 City Council agenda:
● Mayor
and Councilmember Requests
a. Approval
of an appointment to the Downtown Parking Board
(Mayor)
b. Defer
Item 2.14, Approval of vacation located on the northeasterly side of Country
Club Parkway (Cortese)
● City
Manager Requests
a. Approve
submittal of a grant application for the Tully-Senter School Hub Project
·
· City Attorney
Requests
None.
● City
Clerk Requests
None.
3. Staff Reports Outstanding
Documents
Filed: Report from the City
Manager’s Office dated December 2, 2003 listing four staff reports outstanding
for the December 9, 2003 Council agenda.
Discussion/Action: The Committee noted and filed the City
Manager’s report.
C. Legislative
Update
1. State
Director of Intergovernmental Affairs Betsy Shotwell
updated the Committee regarding various issues being considered by the State
Legislature.
2. Federal
a. Federal Lobbyist Monthly Report
Documents Filed: Memorandum from Director of
Intergovernmental Affairs Betsy Shotwell dated November 24, 2003 recommending
acceptance of the attached monthly report for October and early November 2003
from the City’s Federal lobbyist firm of Patton Boggs, LLP, in Washington, D.C.
Discussion/Action: The Committee recommended
acceptance of the Federal Lobbyist Monthly Report for October and early
November 2003.
3. 2004 Legislative Priorities
Documents Filed: Memorandum from City Manager
Del D. Borgsdorf dated November 24, 2003 recommending that the Committee accept
the draft 2004 Legislative Priorities for the second year of the two-year
Legislative Session in Sacramento and the 108th Congress.
Discussion/Action: The Committee accepted the
draft 2004 Legislative Priorities for the second year of the two-year
Legislative Session in Sacramento and the 108th Congress.
D. Meeting
Schedules
There were none.
E. The
Public Record
Documents Filed: Memoranda from City Clerk
Patricia L. O’Hearn dated November 20 and November 26, 2003 transmitting items
filed for the Public Record for the periods November 12-18, 2003 and November
19-25, 2003.
Discussion/Action: The Committee noted and filed the Public
Records.
F. Appointments
to Boards, Commissions and Committees
Documents Filed: Memoranda from City Clerk
Patricia L. O’Hearn dated November 7, 2003 forwarding three lists of commission
applicants, as submitted by the Project Diversity Screening Committee; three
memoranda from the City Attorney’s Office dated September and October 2003
reviewing commission applicants for conflict of interest; from Council Member
Linda J. LeZotte dated November 26, 2003 recommending appointments to the
Disability Advisory Commission; from Council Member Ken Yeager dated December
3, 2003 recommending an appointment to the Parks and Recreation Commission; and
from Council Member Linda J. LeZotte dated November 25, 2003 recommending
appointments to the Senior Citizens Commission.
Discussion/Action: The Committee directed the
City Clerk to conduct a blind drawing for those commissions with more than one
vacancy and varying term ending dates, with the results of the draw noted in
the Rules Committee report. The Committee
recommended the following appointments:
1. Disability Advisory Commission
(Deferred from 11/19/04)
The Committee recommended appointment of Barbara
Stahl to a term ending June 30, 2005; and Emma Eljas and Jeffrey Lewis to terms
ending June 30, 2006.
2. Parks and Recreation Commission
(Deferred from 11/19/04)
The
Committee recommended appointment of Felicia Borrego to a term ending June 30,
2006.
3. Senior Citizens Commission
(Deferred from 11/19/04)
The
Committee recommended appointment of Constance Langford to a term ending June
30, 2004 and the subsequent three-year term ending June 30, 2007; and Michael
Peck to a term ending June 30, 2005.
G. Rules
Committee Reviews, Recommendations and Approvals
1. Analysis
of policies and criteria for seizing dangerous domestic animals
Documents Filed: Memorandum from City Attorney
Richard Doyle dated December 3, 2003 reviewing and analyzing the City’s animal
control ordinance, policies, and practices regarding aggressive dogs and the
same of other public agencies within the State.
Discussion/Action: City Attorney Richard Doyle
reviewed his memorandum, and informed the Committee that San Jose’s regulations
for dangerous or vicious dogs are more stringent than State law or the other
jurisdictions listed in the matrix attached to his memorandum. Mr. Doyle told the Committee that in January
his office would submit proposals to amend ordinances relating to animals. The Committee accepted the City Attorney’s
report.
2. Request
to remove an audit of the Redevelopment Agency Development Review Process
Documents Filed: Memorandum from City Auditor
Gerald Silva dated November 19, 2003 requesting removal of an audit of the Redevelopment
Agency Development Review Process from the City Auditor’s 2003-04 Workplan.
Discussion/Action: The Committee recommended
approval to remove an audit of the Redevelopment Agency Development Review
Process from the City Auditor’s 2003-04 Workplan.
H. Oral
Communications
Pete Campbell, from District 1, presented a letter to
the Committee requesting an item be placed on a future Council agenda.
I. Adjournment
The meeting adjourned at 2:30 P.M.
Pat
Dando, Chair
Rules/Agency
Rules Committee