MINUTES OF THE CITY COUNCIL
SAN JOSÉ, CALIFORNIA THURSDAY, FEBRUARY 22, 2001
The Council of the City of San Jose reconvened in Adjourned Regular Session at 8:15 a.m. in Council Chambers at City Hall.
Present: Council Members: Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams; Gonzales
Absent: Council Members: Yeager (excused).
Vacant: District 5.
Documents Filed: See February 21, 2001 Minutes of Adjourned Regular Session.
Discussion/Action: Mayor Gonzales welcomed all attendees to the second of two sessions on outstanding City Council referrals and priorities for 2001. He stated for Council consideration that City Service Area of Public Safety would be the first item on the Agenda, and acknowledged Team Leader Chief of Police William M. Lansdowne, who stated the Public Safety Service areas are comprised of Fire and Police Departments, the Office of Emergency Services, and the Office of Independent Police Auditor. Prior to his presentation on individual referrals, Chief Lansdowne presented an overview of the business plan involving the mission of Public Safety Services, the outcomes to be achieved with the business plan, and the referrals reflective of the success of the plan, and identified three major priorities selected for the next six months – recruitment and retention of public safety personnel, customer satisfaction, and facility expansion planning for the future of the City of San José.
No. 1 – Council Referral #4-20-99-GG – Follow-up on the consultant’s report regarding Police/Fire training. Police Chief Lansdowne stated consistency is imperative to ongoing quality training of public safety personnel to provide the best service available; taking into consideration the training arrangement through the Evergreen College System was found to be inadequate to address the needs of the Departments, the City contracted with a consultant to conduct a needs assessment for immediate and future Police and Fire Department training requirements; the report was prepared in May 2000 and the results incorporated into the Capital Budget for submission by the City Manager to Council during the FY 2001-2002 budget process. With regard to Council’s comments related to the consultant study on the training facility and availability of the report to Council, Mayor Gonzales stated the Administration and the Mayor’s Budget Office will work together in an attempt to complete the status report prior to Budget deliberations, and to submit same to the City Council for review; therefore, the referral retained the workload assessment status of High Priority.
No. 2 – Council Referral #10-26-99-6e(8) – Conduct a review of the Police Department’s Dispatcher Classification (i.e., vacancies, recruitment, retention, training). Chief of Police William M. Lansdowne stated the position of Dispatcher for both Police and Fire services is one of the most multifarious occupations within the Departments that require individuals to execute exceedingly complex tasks. He stated $50,000 was appropriated to the Departments for recruiting campaigns and expanded marketing strategies to attract qualified applicants, which has resulted in 400 applications received for approximately 20 available positions; some of the successful candidates will receive on-the-job training as Level 1 Dispatchers – a training experience that will extend over a one-year period from the date of hire. He stated the Administration is preparing a presentation on the successes of the Departments’ marketing efforts, which is scheduled for presentation to Council prior to budget deliberations, and that the report from the Administration regarding a complete analysis and review of dispatching issues is scheduled for presentation to Council within 6 months, or August 2001. Noting the amount of time and money expended on recruiting and training Police and Fire personnel, Council Member Dando queried Staff on the efforts made to retain the workforce for 10 years or more, and that when this referral is returned to Council, the Administration provide Council with recommendations for aggressive longevity enticements. Expressing his concerns on the issues related to retention of the City’s workforce in general, and the public safety departments in particular, Mayor Gonzales stated the understanding of what is necessary to recruit, retain, and retire the City’s workforce is essential before any solution can be devised; therefore, this matter qualifies as a referral for October, 2001. Council retained the workload assessment for this referral as Medium Priority.
No. 3 – Council Referral #11-23-99-9g – Title 16, Gaming Control – Provide information on available and existing job placement and training programs for eligible employees that may be displaced as a result of the City’s Gaming Control Ordinance. Chief Lansdowne stated this item has been referred to the Workforce Investment Program. He stated a report would be issued, pending results of current litigation and the implementation of the Ordinance. Acknowledging the Police Department as the lead CSA for Public Safety services, Council Member Chavez discussed the need for mechanisms which identify specific issues that interrelate with more than one CSA or City Department and the development of a creative cross-referral system identifying the origin of the issue, the responsible CSA or City Department, and the expected timeline for reporting to Council. The City Council retained this referral as Low Priority.
No. 4 - Council Referral #05-02-00-13a – Develop a Proposal for County EMS Ambulance Services. Fire Chief Manuel P. Alarcon stated negotiations are continuing with EMS with most of the issues resolved. He stated the current contract with the County expires March 31, 2001, and Staff will return to Council on March 13, 2001 with a request for an extension of that contract to June 30, 2001. The City Council retained this referral as Low Priority.
No. 5 – Council Referral #10-24-00-7e(5) – Address issues in the Police Sworn Staffing Report and provide information on a Police Housing Policy/Plan. Chief of Police William M. Lansdowne stated this referral involves the Police Staffing Report, which is prepared annually for review by the City Council. He stated the report has been completed and submitted to the City Manager with a request for the exploration of housing subsidies and the possibility of implementing such a program in the City of San José. He stated the Administration has surveyed other California jurisdictions and found none among the major cities with a population in excess of 500 utilizing such a program; however, some of the smaller cities hiring between 2 and 10 police officers annually have approved housing subsidies. He stated the report to Council, which is scheduled to be presented in April 2001, requests direction to explore a number of options, including those introduced by Assembly Member Rebecca Cohn regarding housing assistance for Police Officers and Firefighters in the five largest cities in the State. The City Council retained as a High Priority that portion of the instruction to staff to provide the Finance and Technology Committee members with statistics on hiring trend information, and reduced to Low Priority the direction to the City Manager’s Office to develop a proposal that extends the Mayor’s Housing Plan for teacher to public safety officers. Council Member LeZotte stated the Finance and Technology Committee had requested a zip code listing of Police and Fire personnel to be used in structuring a housing assistance plan and in determining to whom the program should be offered. City Manager Del D. Borgsdorf stated the Administration has conducted a preliminary survey and not a comprehensive zip code analysis of the City’s entire workforce by department, which would provide Council with a sufficient statistical sampling, given some employees live out of the area by choice and not by need, predicated on income. He stated the informational list would be made available to the Council. Given the April 2001 reporting date, the City Council removed this referral from the Referral Prioritization Schedule.
No. 6 – Council Referral #11-21-00-9a – Follow up on the Fire Department’s Strategic Plan and provide status report to Council. Fire Chief Manuel P. Alarcon stated this referral was to determine the service levels of the Fire Department. With the coordinated efforts of the City Manager’s Office, General Services, Public Works and other City Departments, he stated the Fire Department has completed the Mid-Year and Operating and Capital Budgets, $1.3 million appropriated to capital improvements, apparatus and additional personnel in Fire Prevention. He stated the Department is continuing to develop the long-term strategy, has completed the RMS and GAD studies, and has scheduled meetings with the City Manager’s Office on the Strategic Plan and the five-year budget proposals and implementation measures for each of the studies, which will be presented to Council prior to June 2001. The City Council continued the workload assessment for this referral as High Priority.
No. 7 – Council Referral #12-12-00-9j – Follow up on the annual report on the impact of cardroom gambling to crime. Chief of Police William M. Lansdowne stated the Administration was directed to provide strategies that would ensure that gaming does not go underground, if cardrooms are closed, and to provide Council with information on the number of people that visit cardrooms annually, which would illustrate the impact cardrooms have on the City of San José. He stated the quantification of crimes that do not take place in and around cardroom facilities but that are associated with cardrooms would be incorporated into a report for presentation to Council in April 2001. The City Council removed this referral from the Summary.
Mayor Gonzales joined the City Council Members in commending both the Police and Fire Departments for their accomplishments and outstanding contributions to the citizens of San José. In reviewing the items for ranking, he stated Referrals #5 and #7 would be eliminated because they will be presented to Council in report format within the next 30 to 60 days; the remaining items to be ranked were Referrals #1, #2, #3, #4 and #6, which will be submitted to the Administration for compilation.
Environmental & Utility Services City Service Area. Director of Environmental Services Carl W. Mosher introduced the remaining primary partner Wayne Tanda, Director of the Department of Streets and Traffic, and contributing partners in the Department of Public Works, Redevelopment Agency, and Planning Building and Code Enforcement.
No. 1 – Council Referral #05-16-00-9i – Provide a status report on the “Case by Case” Policy regarding the Burrowing Owl Habitat Conservation Strategy. Carl Mosher reviewed the primary function of the CSA as one that manages the environmental services and utility systems to ensure a sustainable environment for the community, and reviewed the five outcomes of the Service Area. Describing the five referrals for ranking, he stated the City Council at its meeting on May 16, 2000 rejected the staff recommendation related to a particular strategy regarding the Burrowing Owl Habitat Conservation Strategy, and instead directed Staff to return within 6 months or one year with a status report on the Case-By-Case Basis Policy and its application. He stated the Planning Department is continuing to compile information for the report for presentation to Council in May 2001, which at the present time has produced only one development that has an application on file and a need to review the Burrowing Owl habitat. The City Council retained the workload assessment on this referral as Medium Priority.
No. 2 – Council Referral #11-14-00-6e(6) – Improve coordination with the Santa Clara Valley Water District and investigate access/restricted access to open space. Carl Mosher identified two components in the referral as (1) to pursue better coordination and improve the relationship with the Water Distinct, and (2) to investigate the potential for access or restricted access to open space. He stated the direction resulted from Council Member Dando’s request related to open space and trail opportunities along Guadalupe Creek near Coleman and Meridian, and in subsequent conversations with Council Member Williams who expressed an interest in Santa Teresa Canal along the Western Foothills of the City. He stated Mayor Gonzales, City Manager Borgsdorf, and Stan Williams, General Manager of the Water District, met in December 2000 in an effort to initiate a positive channel of communication between the agencies. He stated a list of issues has been developed and coordination meetings with the Water District will occur on a regularly scheduled basis, involving the Administration of both the City and the Water District; the meetings will begin within the next 30 to 60 days. With respect to the second part, which is the investigation of access, he stated the Administration is preparing a report for presentation to Council within the next 30 to 60 days relating to the access opportunities and associated obstacles. Mayor Gonzales stated the Administration should not limit the opportunities to the two trails, but to include in the list a second category of other opportunities anticipated within other Council Districts. The City Council removed from the Council Referral Prioritization Form Referral #2, with the understanding that the Administration will meet with Council Members regarding potential opportunities for creek trails in each District. Director of Environmental Services, Carl W. Mosher stated Referral #3 is the request by the City Council to schedule a Study Session related to the Region’s Energy needs and opportunities to develop conservation programs. He stated the Study Session is scheduled for March 2, 2001 and that the binder and memoranda of introduction would be distributed on February 23, 2001. In anticipation of the Regional Summit of the cities in the County, Mayor Gonzales stated follow-up items would be generated and rated and referred to Rules Committee for appropriate action; therefore, this item was removed from the Referral Summary.
No. 3 – Council Referral #11-28-00-15a & 15b – Study Session on the region’s energy needs and opportunities to develop conservation programs and No. 4 – Council Referral #12-12-00-9a – Follow-up action regarding Recycle Plus! Program. Director of Environmental Services, Carl W. Mosher stated the Study Session is scheduled for March 2, 2001, and the referral regarding the involves eight primary components, six of which are contained in the Auditor’s Report. In conjunction with the Recycle Plus Program referral, he stated Staff will be presenting to Council on a quarterly basis contingency and transition plans related to the Recycle Plus! Program. Regarding Item (a) of the December 12, 2000 direction to the Administration regarding the selection of contractors for Recycle Plus!, he stated contract negotiations with the recommended companies have been completed, and Staff will present to Council on or before March 27, 2001 a report with recommendations to proceed with executing the contracts; after which, Staff will schedule quarterly sessions with Council to report on each aspect of the Recycle Plus activities. Mayor Gonzales suggested retention of workload assessment as rated. In response to Council Member Chavez’ request for timelines for Items (a) through (h), City Manager Del D. Borgsdorf stated the Administration will prepare a matrix identifying the manner and chronology in which each item will be reported to Council; therefore, Council dropped Item #3 and retained Item #4 as High Priority.
No. 5 – Council Referral #12-19-00-9m – Follow-up action regarding San José Municipal Water System’s Request For Proposals process and Council’s direction on proceeding with the process. Carl W. Mosher stated the consultant is working on the RFP, which will be presented to Council by the end of April 2001, and will be issued in May 2001. Noting the current status of the referral, he stated Council approved the consultant agreement for the preparation of the Management Plan, forthcoming from the Municipal Water staff, which will be implemented upon execution by the City Manager. In response to Council Member Chavez’ question related to the availability of documentation on the overall water policy currently in effect with either Municipal Water or Water Pollution systems, Carl Mosher stated the Administration will provide Council with an informational memorandum attaching the Policy.
For purposes of ranking workload assessments for Environmental & Utility Services referrals, Mayor Gonzales stated Items #2 and #3 were eliminated from the list, and Items #1, #4 and #5 were retained for re-ranking.
Team Leader Wayne Tanda, Director of Streets and Traffic, introduced the primary and contributing partners, reviewed the mission of the Transportation Service City Service Area, and discussed the six major mission priorities that will be addressed over the next six months and beyond.
No. 1 – Council Referral #09-05-00-9d – Develop an ordinance that allows non-polluting vehicles to use the City’s Municipal parking facilities at no cost. Wayne Tanda stated this referral has been managed as two separate issues and will be reported to Council in March 2001. He stated the Administration will address in the report the issues from a regional perspective, encompassing both San José International Airport and the City’s fleet, and will apply BAAQMB requirements with changes in State targets for promotion of electric and non-polluting source vehicles, while attempting to address the impacts of the current energy crises.
No. 2 – Council Referral #12-19-00-9l – Follow up and begin implementation of the Taxi Cab Task Force’s report. Cynthia Bojorquez, Assistant to the City Manager, stated the follow-up and implementation of the Taxi Cab Task Force’s report was referred to Staff in December 2000, with the creation of the Taxicab Advisory Task Force. She stated Council’s direction was for the Task Force to explore three specific items – possibility of gasoline surcharge, the short fare issues, and the age miles limitation on the taxicab vehicles. She stated the Task Force has met with the Administration twice since its creation, with scheduled quarterly meetings thereafter. She stated Staff is preparing to return to Council within 2 weeks with an agreement on gasoline surcharges and the short fare issues, and the Advisory Committee, at this February 28, 2001 meeting, is scheduled to address the issue of age mileage limitation, with a report to Council by the end of March 2001. With the proposed presentation of an agreement to Council within two weeks on the issues of gasoline surcharge, short fare and age mileage limitation issues, Mayor Gonzales recommended removing the referral from the list.
No. 3 – Council Referral #12-19-00-10a – Status report on the implementation of the Parking Rate Resolution. Director of Streets and Traffic Wayne K. Tanda, stated this referral was a provision recently enacted by the City Council to provide special parking rates for Downtown residents in their use of the City’s parking garages during off-peak periods, e.g., nights and weekends. In conjunction with Council consideration of the annual rate resolution for parking structures as part of the regular budget process, he stated the Administration would provide Council with a request for rate adjustments appropriate for the conditions, supply and demand, and equitability of the program. He stated an assessment of the success of the Program has not been conducted; however, Staff is scheduled to meet with property owners who have expressed an interest in acquiring up to 25 parking permits for residents, and will prepare a report to Council in six months on the Program’s achievements. Council Member Dando expressed concerns regarding current construction and future development of larger residential facilities without sufficient parking services; noted a concern that the City should not continue to under-build parking in those areas that have rehabilitated and redeveloped facilities; and requested that Council refer coordination of these types of building efforts to Rules Committee for appropriate assignment.
Following a 20-minute break, the City Council reconvened with all Council Members present, and Mayor Gonzales explained the procedure by which the tabulation would be completed. Deanna J. Santana, Assistant to the City Manager, provided each Council Member with a list of referrals and tabulated results from the Study Sessions on February 21-22, 2001, and read for the record the following: Economic & Neighborhood Development: The tabulated results show that Referral #10 – Request for a Comprehensive Presentation on Heavy and Light Industrial Land Uses – was the first ranked priority referral; the Request for a Study Session on Smart Growth was second; and the Request to Rename Portions of Taylor Street to North First Street was ranked fourth. Regarding the remaining items that were dropped, she stated the Administration will create the calendar for 2001 and will report through Rules Committee the ability of Staff to complete those referrals, and any changes to the schedule will be managed through the Rules Committee. She stated the Administration will accept those tabulations as direction to proceed, if Council is in agreement with the results; if not, then Council can entertain a motion to make appropriate adjustments to the tabulated results. For clarification, Mayor Gonzales reiterated the results to be Referral #10 is ranked #1; Referral 8 is ranked #2; Referral #1 is ranked #3, and Referral #5 is ranked #4. With regards to those particular ratings, he stated the 10 items that were “dropped” will be rated by the Rules Committee; after which the City Manager’s Office will submit a report to the Rules Committee of specific timetables on the four ranked items, for ultimate Council consideration. Regarding Recreation and Cultural Services, Deanna Santana stated the 2001 calendar schedules all referrals to return to Council, including the Aging Services Master Plan Annual Report, via Rules Committee, with the workload assessments. She stated the 2001 calendar for Strategic Support Services referrals to return to Council would include Referral #5 – Report On Intergovernmental Relations Provision Reform – which was ranked the highest priority referral. She stated Referrals #10 and #11 were ranked similarly, which means Council can either accept them as equal, or prioritize one greater than the other. She stated the third ranked referral was Referral #9 – the Study Session on Available Financing and Bond Options; Referral #3 – Criteria For Merit and Fairness Related to the Hiring Pilot Project – was the fourth ranked referral. She stated the Status Report on the City’s Investment Policy to Implement a Pilot Program for Variety Investment Agreement, was the last referral. As clarification for the equal status of Referrals #10 and #11, Mayor Gonzales suggested that they remain as separate issues with direction to the City Manager to resolve the ranking order. He recommended Council accept the priority rankings. Referencing Aviation Services, Deanna Santana stated Council Member Diquisto’s rankings were received by the City Manager’s Office earlier in the day and have been integrated in the Referral process. She stated Referral #1 – Provide Council with Information on Labor Agreements and Prequalification Criteria for Subcontractors re Airport Interim Federal Inspection Services Facility – is the highest ranked, and Referral #2 – Airport Customer Relations, Processes, Staffing, Etc. – is the second ranked and will be delivered to Rules Committee for additional workload assessment information. Related to Public Safety, she stated Referrals #1 – Consultant’s Report on Policy/Fire Training Facility – and #6 – Fire Department’s Strategic Plan and Status Report to Council – were ranked #1, which means Council can accept them as equally important or motion to rank one above the other. She stated the second highest is Referral #2 – Review the Police Department’s Dispatcher Classification; Referral #4 – the Proposal for County EMS Ambulance Services – is the third ranked referral; and Referral #3 – Gaming Control – is ranked fourth. Because Referrals #1 and #6 are so closely aligned, Mayor Gonzales recommended Council allow them to retain co-equal status. Deanna Santana stated Referral #4 –– Follow-Up Action on Recycle Plus! Program is #1 on the 2001 calendar for Environment and Utility Services referrals; Referral #5 – San José Municipal Water System’s Request for Proposals Process and Council Direction to Proceed With the Process – is ranked #2; and Referral #1 – Case-By-Case Basis Policy on the Burrowing Owl Habitat Conservation Strategy – was ranked #3. Mayor Gonzales recommended Council retain the order ranked. Regarding Transportation Services City Service Area, Deanna Santana stated the 2001 calendar includes one outstanding referral that will be returned to Council via Rules Committee.
Mayor Gonzales noted the importance of consistent tracking of the items, to the extent the City Council and the Administration build upon the data compiled in the binders. He stated the “Green Sheets” should be amended and the binders kept active and up-to-date, as new information is submitted and deadlines altered, and since the “Dropped” items will be returned to Council within 30 to 60 days via the Rules Committee, judiciously scheduled on Council Agendas. The Administration was directed to provide Council with Revised Council Policy 0-12 and to respond with additional clarification of the process. Mayor Gonzales suggested Council Members submit any comments for improvements to the Mayor’s Office for inclusion in the October 2001 Referral Study Session of the City Council.
The Council of the City of San José adjourned at 10:55 a.m.
RON GONZALES, MAYOR
PATRICIA L. O’HEARN, CITY CLERK