RULES COMMITTEE: 02-24-12 Item: E CITY OF ~ SAN JOSE Memorandum CAPITAL OF SILICON VALLEY TO: Honorable Mayor & City Council SUBJECT: The Public Record February 17 - 23, 2012 FROM: Dennis Hawldns, CMC City Clerk DATE: February 24, 2012 ITEMS TRANSMITTED TO THE ADMINISTRATION ITEMS FILED FOR THE PUBLIC RECORD (a) (b) (c) (d) (e) (g) (h) (i) Memorandum to City Clerk Dennis Hawldns from Finance Director Julia Cooper dated February 6, 2012 regarding Public Record Director’s TEFRA Public Hearing. Letter to Mayor Reed and the City Council from Dr. Lawrence Ames, San Jose Neighborhoods Commission, District 6, dated February 20, 2012 regarding Restructuring City Commissions. Letter to Mayor Reed and the City Council from Brian Darrow, Chair of the Housing and Community Development Advisory Commission, dated February 23, 2012 regarding Potential Consolidation of Boards and Commissions. Letter to Mayor Reed and City Council fi’om David Wall dated February 22, 2012 regarding "$650 Million (or higher) ’estimate’ of pension costs not incorporated into public documents, why?" Letter to Mayor Reed and City Council dated February 22, 2012 regarding "PreTreatment Program needs reorganization, new management. ESD should be reorganized." Letter to Mayor Reed and City Council from David Wall dated February 22, 2012 regarding "(Week #8): Citizens ’apologies’ to venerable and Honorable City Attorney at ’RULES’." Letter to Mayor Reed and City Council fi’om David Wall dated February 22, 2012 regarding "Are Community Centers the new ’gulags’ or worse, ’death camps’ for the aged and informed?" Letter to Mayor Reed and City Council from David Wall dated February 23, 2012 regarding "Airport teetering on financial doom, high fuel prices and lower than predicted air travel cited." Letter to Mayor Reed and City. Council from David Wall dated February 23, 2012 regarding "Please post contract services agreement with Downtown Business Association." Honorable Mayor and City Council Members February 24, 2012 Subject: The Public Record: February 17 - 23, 2012 Page 2 of 2 Dennis Hawkins, CMC City Clerk DH/tld Distribution: Mayor/Council City Manager Assistant City Manager Assistant to City Manager Council Liaison Director of Planning City Attorney Director of Transportation Public Information Officer San Jos6 Mercury News Library Director of Public Works City Auditor Director of Finance PUBLIC RECORD_ CITY Ol~ ~ SAN JOSE Memorandum CAPITAL OF SILICON VALLEY TO: Dennis D. Hawkh~s, CMC City Clerk SUBJECT: Public Record Director’s TEFRA Public Hearing FROM: Julia H, Cooper DATE: February 6, 2012 Attached is Certificate No. 2012-1, Meeting Report, signdn sheet, agenda packet and Notice of Public Hearing for the Director’s TEFRA Public Hearing of February 2, 2012, as requested by City of San Jos~ as Issuer. The hearing was published and the agenda was posted as required by law. Please file.as part of the public record. If you have any questions, please call Peter Detlefs at extension 57015. H. COOPER Director of Finance Attachments Arn Andrews, Finance Department Maria ~)berg, Finance Department Charlene Sun, Finance Department Peter Detlefs, Finance Department Patty Deignan, City Attorney’s Office Paul Lippm"t, Housing Department Isaac Orona, Housing Department Certificate No. 2012-1 of the MAYOR The undersigned, Chuck Reed, Mayor of the City of Sar~ Josd (the "City"), hereby certifies as follows: 1. I am the Mayor of the City, duly elected by the people of the City. 2. Pursuant to Section 147(0 of the Internal Revenue Code of 1986 (the "Code"), I am the chief elected executive officer of the City, and, as such, Imn the "applicable elected representative" of the City authorized to approve the issuance of bonds by or on behalf of the City. 3; The City of San Josd (the "City") proposes to issue an aggregate principal amount not to exceed $53,500,000 of its revenue bonds, designated as City of San Josd Multifamily Housing Revenue Bonds (La Moraga Apm’tments) (the "BOnds"), to finance the costs of the construction by St. Anton Capitol, LLC, (the "Borrower") of a 275-unit housing project (a por’tion. of the housing units is affordable to lower-income and/or very low-income residents) to be located at the so.utheast corner of Raleigh Road and Charlotte Drive in tl~e City of San Josd !the "Project"). 4. The City caused to be published on January 13, 2012 in the San Jose Mercmy News, a newspaper of general circulation in the City, a notice of a public hearing to be held at San Josd City Hall on February 2, 20t2, at 11:00 a.m, concerning the issuance of the Bonds, all in accordance with the requirements of Section 147(0 of the Cod& 5. On February 2, 2012, the Director of Finance, pursuant to Municipal Code Section 5.06.430, held a duly noticed public hearing pursuant to Section 147(f) of the Code at which hearing interested persons were given an oppo~tmity to express their views for or against the issuance of the Bonds and on the nature and location of the Project. 6. I have been provided with a summm’y of the hearing and information concerning the Project and the Bonds. 7. Pursuantto Section 147(f) of the Code, I hereby approve the issuance of an aggregate principal mnount not to exceed $53,500,000 of the Bonds by the City. 8. This action is taken expressly for purposes of Section 147(f) of the Code and nothing contained herein shall be construed to signify that the Project complies with flaeplanning, zoning, subdivision and building laws and ordinances applicable thereto or to suggest that the City or any officer or agent of the City will grant any such approval, consent or permit that may be required in connection with the Project, or that the City will make any expenditures, incm" any indebtedness or proceed with the financing of the Project. Executed this _~ day of Febmea’y, 2012, CHUCK REED Mayor of the City of San Jos~ 179711 1 crI’Y OI~ ~ Memorandum SAN JOSE CAPITAL OD SILICON VALLEY CITY OF SAN JOSE FINANCE DEPARTMENT DIRECTOR’S TEFRA PUBLIC HEARING MEETING REPORT Februa~T 2, 2012 CaLl to Order Hearing Officer Julia H. Cooper, Acting Director of Finance, called the meeting to order at. 11:03 a,m. Present: Staff: Julia H. Cooper (Acting Director of Finance) Arn Andrews (Acting Assistant Director of Finance) Peter Detlefs (Financial Analyst) Steve Peters (Financial Analyst) Janet Shum (Analyst) Patty Deignan (Chief Deputy City Attorney) Isaac Orona (Development Officer) All Others: Trisha Malone (St. Anton Partners) Megan Quisenberry (St. Anton Partners) 2. Minutes Minutes of previous meeting of December 12, 2011- were noted and filed. 3. TEFRA Hearing Requirements Pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA"), where a project is to be financed by the sale of certain tax exempt b6nds, a noticed public hearing must be held to receive public comment on the proposed issuance of bonds or the location and nature of the facilities to be financed. The hearing must be held in a location convenient to the project by the local agency whose jurisdiction the project lies within. The applicable elected official for that agency must then approve the issuance of bonds for the purposes of TEFRA. City of San Jos6 Finance Depm’tment Director’s TEFRA Public Hearing Februat3z 2, 2012 Page 2 4. Public TEFRA Hearing Pursuant to TEFRA, a properly noticed public hem’ing was held at San Jos6 City Hall on February 2, 2012 regarding the proposed issuances, by the City of San Jos6 (the "City"); of Mtdtifamily Housing Revenue Bonds in a maximum aggregate face atnom~ts not to exceed the following: Name: La Moraga Apartments Location: Southeast corner of Raleigh.Road and Charlotte Drive, San Josr, CA 95123 Bond Amount; $53,500,000 Proceeds fi’om the sale of the proposed bonds will be used to provide financing for the construction of the project. No members of the public were present at the hearing. Ms. Cooper asked if any parties present wished to provide comments or present petitions. No patties Nesent iMicated a desire to provide comments, 5, Adjournment The meeting was adjourned at 11:05 a,m. 6. Certificate Certificate No. 2012-1 approving the issuance has been prepm’ed for the Mayor’s signature pursuant to Internal Revenue Code Section 147(f). This certificate, staff recommendations, and the public comment or petitions, if any, will be provided to the Mayor. Upon execution, the certificate will be filed with the City Clerk. ~cer lI C J LIA H. COOPer of Finance 0 o © 0 o o 0 00 0 ~ o 0 Oi 0 o o 0 _o 0 0 0 _o DECLARATION NO. 2012-1 A DECLARATION OF THE DIRECTOR OF FINANCE AND THE DIRECTOR OF HOUSING OF THE CITY OF SAN JOSE EXPRESSING ITS INTENT TO ISSUE TAX EXEMPT DEBT FOR THE CONSTRUCTION OF MULTIFAMILY HOUSING AND TAKING RELATED ACTIONS (LA MORAGA APARTMENTS) WHEREAS, the City of San Josd (the "City") is authorized by Chapter,7 of Part 5 of Division 31 of the Health and Safety Code Of the State of California, as amended (the "Act"), to issue and sell revenue bonds for the purpose of providing financing for the construction of La Moraga Apartments by private developers of multifamily rental housing facilities located within the City of San Jos~, .California, a portion of which to be occupied by lower-income and/or very lowincome tenants; and WHEREAS, St. Anton Capitol, LLC (the "Developer"), the proposed developer of a 275-unit housing project to be located at the souttieast comer of Raleigh Road and Charlotte Drive in the City of San Jos~ (the "Project") has requested the City to issue revenue bonds (the "Bonds") pm’suant to the Act for the purpose of financing the construction of the Project; and WHEREAS, a notice of public hearing in a newspaper of general circulation in the City has been published, to the effect that a public heea’ing would be held by the City’s Director of Finance on February 2, 2012, regarding the issuance of the Bonds by the City and the nature and location of the Project; and WHEREAS, the interest on Bonds the City intends to issue to assist in flae financing of the construction of the Project would be excluded fi’omgross income for federal income tax purposes; and WHEREAS, United States Income Tax Regulations section 1,150~2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless cetXain procedures are followed, among which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer must deelare an intention to reimburse such expenditure (the "Declm’ation"); and WHEREAS, the Bonds will be considered to be "qualified exempt facility bonds" under Section 147’(f) of the Code provided the "applicable elected representative" with respect to the City holds a public hearing on the Project to be constructed by the Bonds; and WHEREAS, the City Council, the elected legislative body of the City; has authorized the Director of Finance and the Director of Housing by Municipal Code Chapter 5,06, Part 4, to apply for private activity bond allocation for the Project from the California Debt Limit Allocation Committee ("CDLAC"), NOW THEREFORE, THE DIRECTOR OF FINANCE AND THE DIRECTOR OF HOUSING DO HEREBY RESOLVE,~ ORDER AND DETERMINE AS FOLLOWS: SECTION 1, The City intends to issue the Bonds in aprincipal amount not }o exceed $53,500,000,00 for the purpose of paying the costs of financing the construction of the Project, SECTION 2, The Director of Finance and the Director of Housing shall take all the actions appropriate to obtain allocation for the issuance of private activity bonds from CDLAC in the amount not to exceed $53,500,000,00 (the "Allocation"). SECTION 3, The Dire ctor of Finance aM the Director of Housing hereby declm’e that it reasonably expects that a portion of the proceeds of the Bonds will be used for reimbursement of expenditures for the construction of the Project that are. paid before the date of initial execution and delivery of the Bonds. The maximum amount of proceeds of the bonds to be used for reimbursement of expenditures for the construction of the Projeetis $53,500,000.00. SECTION 4. The adoption of this Declaration is solely for the purpose of meeting the requirements of the Tax Law Reimbursement Provisions and the Code and shall not be construed in any other manner, neither the City nor its staff having fully reviewed or considered the financial, feasibility of the Project or ~he expected operation of the Project with regards to any State of California statutory requirements. Such adoption shall not obligate without further fm~al action to be taken by the City Council, including, but not limited to, the approval of the financing documents by the City Council by resolution, (i) the City to provide financing to the Developer for the construction of the project or to issue tl~e Bonds or taxable obligations for purposes of such financing; or.(ii) the City, or any department of the City, to approve any application or request for, or take any other action in connection with, any .envirormmntal, General Plan, zoning or any other permit or other action necessary for the rehabilitation or operation of the Project. EXECUTED this ~]__ day of January, 2012, %~et~o~’0f Housi~ ’ ~ting Dire~tor of~{~ance CITY OP ~ SAN JOSE Memorandum CAPITAL OF SILICON VALLEY JULIA H. COOPER SUBJECT: TEFRA HEARING MULTIFAMILY HOUSING REVENUE BONDS FROM: Janet Shum DATE: FebruaE¢ 2, 2012 The Finance Director’s TEFRA Hearing for the Multifamily Housing Revenue Bonds for La Moraga Apartments is.held on February 2, 2012 at 11:00 a.m. in Room T-1254 at City Hall. This Hearing is held in accordance with the City Council’s Delegation of Authority, as approved by the City Council on June 11, 2002, and documented in Ordinance No. 26657. To provide background on the proposed issuance, we have assembled the items listed below for yore’ review and reference. Additionally, a representative fi’om the Housing Department will be available at the Heating to answer questions fi’om the public about the project. 1, Agenda 2, Agenda with your script 3, Minutes of Previous Heating (Decelnber 12, 20i 1) 4, Notice of Public Hearing in the San Jose Mercwy News ’ 0115’ OF SANJOSE ~APiTAL OF SILICON VALLEY SAN JOSE FINANCE DEPARTMENT FINANCE DIRECTOR’S TEFRA HEARING San Josa City Hall 200 East Santa Clara Street, Room T-1254 San Jos~, CA 95113-1905 Meeting Agenda Febmat~¢ 2, 2012, 11:00 a.m. Julia H. Cooper, Acting Director of Finance 1, Call to Order 2, Minutes 3. Public Hearing The public hearing is required by the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA") to provide an opportmfity for the public to comment on the proposed bond issuance. Following consideration of oral petitions and staffrecommendation, the Mayor of San Jos~ will execute a certificate indicating that the hearing was held for the following project and the certificate will be filed with the City Clerk. Name: Location: Developer: Issuer: Bond Amount: La Moraga Apartments Southeast corner of Raleigh Road and Charlotte Drive, San Jos~, CA 95123 St. Anton Capitol, LLC City of San Josd $53,500;000 4. Oral Petitions 5. Adjom’nment 200 E, Santa Clara 8L 13t~ Floor, San Jos~, CA 95113-1905 tel (408) 535-7010 fax (408) 292-6482 www.sanjoseea.gov CITY 01~ ~ SAN JOSE F~nance Department CAPITAL OF SILICON VALLEY SAN JOSE FINANCE DEPARTMENT FINANCE DIRECTOR’S TEFRA HEARING San Josd City Hall 200 East Sama Clara Street, Room T-1254 San Josd, CA 95113-1905 Meeting Agenda February 2, 2012, 11:00 a.m. Julia H. Cooper, Acting Director of Finance 1. Callto Order Minutes Note and file minutes of December 12, 2011. OPEN PUBLIC HEARING 3. Public Hearing The noticed public hearing is required by Section 147(0 of the Internal Revenue Code of 1986 as amended, The hearing is on the proposed bond issuance, by the City of San Jos~ (the. "City"), of tax-exempt Multifamily Housing Revenue Bonds. Proceeds fi’om the sale of the proposed bonds will be used to provide financing for the construction of the following project: Name: Location: La Moraga Apamnents Located at the South East Corner of Raleigh Road and Charlotte Drive, San Jose, CA 95123 Bond Amount: $53,500,000 The City may consider adoption of a bond sale resolution in 2012 providing for the sale of Multifamily Housing Revenue Bonds for La Moraga Apartments. Any conmaents provided at this hearing will be made available to the City Council prior to taking action on bond sale resolution.. 200 E. Santa Clara St. 13t~ Floor, San Jos6, CA 95113-1905 tel (408) 535-7010 fax (408) 292-6482 www.sanjoseca.gov TEFRA Hearing Febt~aary 2, 2012 Page 2 If there are parties present who wish to voice flleir opinion and provide comments on the proposed issuance of bonds, I would ask that they be recognized now by raising their hand, 4. Oral Petitions CLOSE PUBLIC HEARING 5. Adjournlnent 200 E, Santa Clara St. 13t~’ Floor, San Jos6, CA 95113-1905 tel (408) 535-7010 fax (408) 292-6482 www.sanjoseoa.gov CITY O~ ~ Memorandum SANIOSE CAPI’IAL O}~ SILICON VALLEY CITY OF SAN JOSE FINANCE ])EPARTMENT DII~ECTOR’S TEFRA PUBLIC HEARING MEETING REPORT Decen,~ber 125 2011 Call to Order Hearing Officer Julia H. Cooper, Acth~g Director of Fhaance, called the meeting to order at 10:04 a.m. 2, Minutes Minutes of previous meeth~g of September !4, 2011 were noted and filed. 3, TEFRA Heariug Requh’ements Pursuant to the Tax Equity and FisoaI Responsibility Ao~ of i982 ("TEFRA"), where a wojeet is to be financed by the sale of cel~ai~ tax exempt bonds, a noticed publte hearing must be held to recolve public comment on the proposed ism~ance of bonds or the location and nature of the facilities to be finemced. Tl~e hem’tng must be held J~ a. location ¢onvenlent to the project by the local agency whose jt~risdiotton the project lies within. The applicable elected official for that agency must then approve fl~e issuance of bonds for the put, poses of TEFRA. 4. Public TEFRA Itearing . ~ Pursuant to TEFRA, a p,’operIy noticed public hearing was held at San Jos6 ~ty Hall on December 12, 2011 regarding the proposed issuemces, by ,he City of San Jos6.(the "City"); of Multlfamily Hm;shag Revenue Bonds.in amaximum aggregate face amounts not to exceed the following: Name’, Location: Developer: isstler’, Bond Amotmt: Name: Location: First and Rosemary Fmnily Apartments 66, 80 East Roseanary Street, San Josd, CA 95112 Fh’st and Rosemary Family Housing L.P., a California Limited Partnership City of San Jos~ $36,000,000 First and Rosemary Senior Apa,t~ments North First Street and East Rosemary Street, San Jos~, CA 95112 Developer:. Issuer: Bond Amount: Fia’st mad Rosema13r Senior Honslng L.P., a Califol:nia Limited Partnerstfip City of San Jos6 $15,500,000 Proceeds fi’om the.sale of the proposed bonds will be used lo provide fin!toeing tbr ttle construction of the projects. TEFRA hear’hags for the First ancl Rosemary Fatnily Apartments project, were previously held on December 9, 2008 find March 10, 2011; 0nd a TEFRA hear’hag for the Ffl’st and Rosemary Senior Apartments project was previously heldon December 9, 2008, ~ No members of tlm public were present at lhe heating, Ms. Cooper asked if any pm~ies present wished to provide comments or present petitions. No pa~’ties Wesent iud[cated a desire to provide comments. Adjom’nment The meeting was adjourned at 10:06 Certificate Certificate No. 2011-5 and No, 2011-6 approving flaese issugrmes taave been prepared ~br the Mayor’s signature pursuant to Internal Revenue CodeScotlon 147(~. These certificates, staff’ reoo~endafions, mad the publ~, comment or petitions, Mayor. Upon execution, fl~e cer~i~eates w~t be filed with ~he City Clerk. Dkector of Finance Notice of Public Hearing NOTIC~ IS HEREBY GIVEN that the City of San Jos~’s Finance Depat~nent, at: an open session~ on Februaz3r 2, 2012 at 11:00 AM will hold a public hearing on the intent by tlte City of San JosO (tl~e ."city") to issue tax-exempt multi-family 1~ousing revenue bonds £or ~e constrttcfion of the followh~g project: PROJECT/UNITS La Moraga Apar~nents. 275 Unit Development LOCATION Located at SoUth East Co~ne~" of Raleigh Road and Chca’lotte Drive, San Jose, CA DEV./O .WNF~. ~ Developer’, St.’Anton Capitol~ LLC AMOUNT 853,500,000,00 Owner: La Moraga San Jose, AI[ ~ose interested in matte~’s related {o either the ~ssuance of the bonds or ~he location or operation of ~e projects are i~vited ’to attend and be heardat the open session, wl~ich Will co~unence at 11:00 AM, and wffi be held in T-[1254, at .200 E. Santa Clara Street of the City of San Jos~, Callfor~ia 95113. If you have troy questions with respect to this matter, please catl J. PauI Lippert, Senior’ Development Officer, Depa~’~dnt of Housing of fl~e City of San Jos6, at (408) 975-4443 Dated: Ja~-tt~aJ:y 5, 2012 Dennis Hawl~ins, City Clerk City of San Jos6, California (To be published no later than January 13, 2012) Sail Jose Me ’cury Hews 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 408-920-~332 ¯PROOF OF PUBLICATION INTHE OITY OF 8AN JOSE, 8TATI~ OF CALIFORNIA COUNTY OF SANTA CLARA SAN JOSE,CITY OF OFFICE THE CITY GROUP/RIEBECCA,200 E SANTA CLARA STREET,2ND FLOOR San Jose CAF~IS~I~o. S.Guzzetta In the matter of The 8an Jose Mercury News The undersigned, being first duly sworn, deposes and says; Thal at all limes hereinafter mentioned afliant was and still Is a citizen of the United States, over the age of eighteen years, and not a party to or Interested in the above entitled proceedings; and was at and during all said times and 8till Is the principal .clerk of the printer, and publisher of the San Jose Mercury News, a newspaper of generaf circulation printed and published dally In the olty of San Jose In said County of Santa Clara, State of California as determined by the cotlrt’s decree dated J[lne 27, ’1952, case numbers 84096 and 84097, and ~hat said San Jose Mercury News Is and was at all times herein mentioned a newspaper of general circulalion as that term Is defined by Sections 6000 and following, of the Government Code of the State of California and, as provided by said sections, Is published for the’ dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and Is not devoted to theinterests or published for the entertainment or Instruction of a particular class, professional, trade, calling, race or denomlnatlon,.or for the entertainment and instruction of any number of such cl~,sses, pr0fesslonals, trades, callings, races or denominations; that at all times said newspaper has been established, prlnled and published in the aald city of San Jose In said County and State at regular intervals for more than one year preceding the first publication of the notice herein menlioned. Said decree has not been revoked, vacated or set aside, I declare lhat the notice, of which the annexed Is a true printed copy, has b.een published In each regular or entire issue of said newspaper and not In any supplement thereof on the following dates, to Dated at San Jose, California 01P13/t2 I declare under penalty of perjury that the foregoing Is true and correct, Signed .... £ .~,.~(~C-’~’4k.~;’{~L~L/~"-~ Principal clerk of the printer and publisher of the 8an Jose Mercury News. Legal No.. 0004296324 REOEIVEI~ 8an,Jdse Olty Olerk 71]l,Z. JAN I"8, PUBLIC RECORD b~ .... RECEIVED San Jose City Clerk February 20, 2012 Mayor Chuck Reed City of San Jos~ 200 E. Santa Clara Street San Jos~, CA 95113-1905 cc: ~ Councilmembers Dennis Hawkins, San Jos~ City Clerk re: Restructuring City Commissions Dear Mayor Reed, When you consider the forthcoming recommendations on city commissions, I urge you to adopt those measures that will preserve or enhance the public’s engagement in our city. About two years ago, San Jos~ initiated an innovative experiment, the Neighborhoods Commission, to better involve the residents in the shaping of our city. We on the Commission were selected by the communities themselves and were tasked to serve as a conduit of the public’s interests and concerns to the city leaders, and also as a way for the City to communicate with its residents. As one of the Commissioners representing District 6, I have passed along to the various neighborhood leaders your concerns and recommendations on the city’s budget, and I have told you of their concerns and the need to preserve a balance between neighborhood services - community centers and local libraries - and the fire and police. The Neighborhoods Commission is in a trial period and is to be evaluated at the end of two years. The City Clerk has been directed to review it, and to review the other city commissions at the same time. A set of recommendations have been developed that you and the City Council will soon be reviewing. A number of these recommendations are quite reasonable and ones I support: finding commonality in agenda formats and bylaws, introductory training for new commissioners, and possibly eliminating those commissions that haven’t found the need to meet in a number of years. However, there are two major points to which, speaking for myself, I have strong objections: (1) the sunsetting of the Neighborhoods Commission, and (2) the consolidation of other commissions. The Neighborhoods Commission: The chart package publicly presented lists the commissions that are recommended for preservation, consolidation, or elimination, but the Neighborhoods Commission isn’t even mentioned. When pressed on this omission, the explanation given was that the point was moot since the Neighborhoods Commission, after its two-year run, was to "sunset". That is not the case. I have been on the Neighborhoods Commission since the beginning, and have worked with the community activists who worked for years beforehand to bring the Neighborhoods Commission into reality: after two years there is to be a revisiting of the Commission’s format and charter, but not an end to its very existence. I personally feel that the Neighborhoods Commission has not been as useful as it could be. We have helped inform the communities about the budget issues, we have served as a "sounding board" for city departments wishing to gauge the community response to proposals such as community notification policies, tree maintenance, and community policing, and we have written to you and the Council about issues such as the need to maintain communitysupport services. But I feel we could do more. When I served on the Board of the Willow Glen Neighborhood Association, we helped bring a number of issues to the City’s attention, resulting in the "Flag Lot" policy, policies to stop unpermitted tree removal and drive-through businesses in residential neighborhoods, the "24 Hour" policy, and the "Monster House" policy. There remain many issues that affect neighborhoods across the city, and the Neighborhoods Commission would be a perfect forum at which to discuss them: the implementing and enforcing of the city’s Riparian ("streamside") Corridor Setback Policy, developing design guidelines for the interface between high-density/commercial "Main Street" developments and the surrounding neighbors, discussions on Bus Rapid Transit and "Grand Boulevards", and more. But we on the Neighborhoods Commission have been hobbled: our charter precludes us from discussing topics that even might fall under the purview of other Commissions. Thus, even though the Parks and the Planning Commissions are principally involved in specific issues such as whether a given project is appropriate for its parcel rather than the more global issues like the definitions of setbacks and development interfaces, we can’t discuss those topics because they conceivably might. Perhaps the structure of the Neighborhoods Commission could be improved: with thirty Commissioners, it can sometimes get a little unwieldy. Additionally, the process of calling a district-wide neighborhood caucus each time there’s a Commission vacancy could be streamlined, and a procedure to train and recruit community activists willing to serve on commissions would help as well. But, overall, the Neighborhoods Commission is well worth preserving and improving. Commission Consolidation The second matter of concern is even more important: it doesn’t affect me personally as a commissioner, but instead it affects us all as residents of San Jos6. The recommendations you will receive call for consolidating the commissions, the most egregious case being the lumping together of the following into a single conglomerate: Arts, Early Care & Education, Library (including Parcel Tax Oversight), Parks & Rec, and several Bond Oversight Committees (Libraries, Parks & Rec, and Public Safety). These consolidations are "to save money". I have asked how much money this could save, but have only been told that it takes time to post agendas and take minutes. Yet it appears that financial benefits to the city, such as several significant revenue enhancements the commissions have identified, haven’t been included in the analysis. Prior to serving on the City’s Neighborhoods Commission, I served two terms on the County’s Parks & Rec Commission. My fellow commissioners and I all immersed ourselves in 2 our subject: we "ate, slept, and breathed parks" for the duration of our terms. We assisted the County’s Parks & Rec Department by reviewing EIRs and other CEQA documentation, we reviewed the design plans and recommendations of department staff and consultants alike, and we received and considered public cormnent. The latter was especially important: we could take the time to leam about the local issues relevant to planned projects, and we could listen to and understand the concems of the nearby residents who might be affected by those projects, and then we rephrased those concerns into the language of EIRs, CEQA, and the department’s planners. From the other side of the table, I have also attended quite a few Planning, Parks & Rec, and other City Commissions over the years: it was the means by which we in the community were able to work with developers and city planners to find design adjustments so that the new projects better fit in with the surrounding neighborhoods. But if the various commissions are consolidated, there probably would be little time (if any) on the overcrowded agenda for public comment, and the commissioners themselves quite likely won’t be able to become immersed in, and well-versed on, the various issues at hand. Mr. Mayor, I am justifiably proud of you and the City for adopting the award-winning Envision 2040 General Plan update, based upon your "Green Vision for San Jos6". It is an exemplary public collaboration, with a Task Force that was comprised of developers, planners, community activists, and the public. Envision 2040 includes a section (CE 1.7) on "Community Engagement" to "ensure the work of government is inclusive": it instructs the City to "[provide] adequate time and opportunities for early engagement so cormnunity members may have impact" and "provide support for increased community participation." However, if the various commissions are consolidated as recommended, it wilt make a sham of these worthy goals. I personally urge you to consider the various recommendations on city commissions, and to adopt those measures which improve efficiency and effectiveness. I urge you to renew, unshackle, and reinvigorate the Neighborhoods Commission. And I urge you to reject those recommendations that could possibly limit the public’s engagement in our city. I would welcome the opportunity to answer any questions or to talk more about the Neighborhoods Commission and community involvement. Dr. Lawrence Ames, San Jos6 Neighborhoods Commission, Dist. 6 past President, Willow Glen Neighborhood Assoc. past Commissioner, Santa Clara Co. Parks & Rec. PUBLIC RECORD~ cFrY OF A SA JOS Department of Housing CAPITAL OP SILICON V~ HOUSING & COMMUNITY DEVELOPMENT ADVISORY COMMISSION February 23, 2012 The Honorable Mayor and City Council City of San Jose 200 E. Santa Clara Street, 18m Floor San Jose, CA 95113 RE: POTENTIAL CONSOLIDATION OF BOARDS & COMMISSIONS Dear Honorable Mayor and City Council: Thank you for the opportunity to provide comments regarding the proposed consolidation of the City of San Jose’s Boards & Co~mnissions as recormnended inthe City Clerk’~s memorandmn to the Rules Committee on December 7, 2011. The Housing and Community D~velopment Advisory Co~mnission (Housing Commission) recognizes there may indeed be Opportunities to improvethe way Boards and Commissions function. However, despite the cun’ent context of budget challenges, the Conm~ission strongly believes that any changes in an effort to streamline operations must continue to preserve the core purposes of government and of the Comanissions. The Housing Commission believes that these core purposes include civic engagement, providing voice for those who’do not have it, cnsuxing an equitable playing field, and creating public goods that are needed for a high-qnality civic life but are not produced through the market on its own. With regards to tl~e Housing m~d Community Development Advisory Connnission,fl~e.City Clerk has recommended that it be combined ~vith the Advisory Commission on Rents and the Mobilehome Advisory Commission with a total of 15 members. The Housing Commission discussed the consolidation proposal at length at its special meeting on January 25~ 2012. The following are the key issue areas that the Commission believes require additional consideration or clarification regarding Commissmn consolidations generally, and the Housing Commission consolidation specifically: ’" 1) Cost-benefit Analysis of Consolidation As suggested in the Mayor’s June 2011 Budget Message, the primary goal of consolidation is to achieve savings. Therefore, a cost-benefit analysis of the proposed consolidation needs to be m~ essential aspect of the proposal. Yet, the proposed consolidation was dete~xnined without the benefit of such an analysis. Without it, it is not possible to determine whether the proposed consolidation would achieve cost savings or benefits over existing conditions.. It is also possible that if the tangible (eg, staffing, materials, etc) and intangible (~ivic engagement, facilitation of public processes, etc.) 200 E. Santa Clara Street, San .los~, CA 95113 tel (408) 535-3860 fax (,108) 292-6206 ~mow,sjlmusing.Or~ ~fhe Honorable Mayor and City Council RE.: Proposed Boards & Commissions Consolidation Housing and Community Development Advisory Commission Page 2 of 4 benefits m’e not fully accotmted for, the proposed consolidation could prove more expensive than existing conditions. Any consolidation proposal should hMude a thorough cost-benefit analysis in order to ensure we are improving Commission functions in reality and not just abstractly. 2) Potential Reduction of Civic Engagement One of the intangible benefits of the Commissions is that they institutionalize a mechanism for civic engagement and democracy. Consolidating the Commissions may potentially weaken this mechanism for participation and voice, There is a value to civic engagement that should be accounted for in the cost-benefit of consolidation. 3) Politicizafion of Co~nmission Appointments The Housing Commission has significant concerns about the proposal for Councilmembers mad the Mayor to select the seats across the City’s newly consolidated Commissions: While the underlying rationale for this proposal is laudable - Citywide and diverse representation - putting this selection into the hands of the Mayor and Couneilmembers unnecessarily introduces politics into the process. The Housing Commission strongly feels that independent appointments to the Cormnission are a necessary balance to the political process of policy and decision making, 4) Reduction/Dilution of Commissioner Participation and Volunteer Expertise The Commissioners across the City’s Commissions represent a significant asset to the City, They bring expertise and passion to specific policy areas in order to improve the quality of life in San Jose. This asset is contributed on a volunteer basis and leveraged through the staffing ofthe Commissions. This leveraged asset should be acconnted for as a benefit and its potential reduction as a cost. A subsequent, unintended consequence of a consolidated format may be the dilution of Commissioner expertise. With more agenda items to cover across multiple issue areas, Commissioners may be spread too thin to fully utilize their expertise and to dive deeply into agenda items. 5) Equity & Representation Framework for Commission Composition What was the framework for determimng the mobilehome and renter representation in the newly formed Commission? Whereas the current Mobilehome Advisory Commission has five members and the Advisory Commission on Rents has seven members, the proposal reduces that to two members each. How was this reduction determined? The Honorable Mayor and City Council RE: Proposed Boards & Commissions Consolidation Housing and Community Devclopmcnt Advisory Commission Page 3 of 4 6) Issue Area & Workplan Framework for Commission Groupings What was the frm~ework for detem~ining which Connnissions would be grouped togetller? What was the analytic framework for assessing the issue areas and workplans that may overlap between the Commissions? While there might appear to be overlap between grouped Commissions at first glance based on nomenclattu’e or generic similarities, the appearance of overlap may be of a superficial nature that’masks real mad important differences in the scope and issue areas between the Commissions. With regards the proposed Housing Commission consolidation: There are possible synergies and overlap with the Advisory Commission on Rents upon review of its workplan. ¯ The Mobilehome Advisory Commission and the Housing Commission deal largely with distinct issues that may be more difficult to consolidate: Holding focus group meetings with staff and cun’ent Connnissioners regarding the proposed consolidations could prove very useful in determining areas of synergy between the Conunissions. Co~rmaission consolidations where the workplans do not sutliciently align can create future challenges and difficulties in terms of productivity, Commission management, and diminished issue area focus that can negate whatever potential benefits might accrue from consolidation. Certain Commission’s agenda items and dialogue as proposed would not make for an efficient or effective board/corm~ission, 7) Staffing As part of the cost-benefit analysis, it would be important to understand the potential cost savings or benefits fi’om a staffing perspective. This analysis should include a comparison of existing staffing levels and costs versus the costs as a result of consolidations. Tlfis analysis should also include an assessment of the potential costs and benefits to develop the capacity and ability of a reduced City staff to manage the day-to day operations of consolidated Co~mnissions that cover a wide range of policy and issue areas. In addition, it is important to understand the staffing issue fi’om an operational perspective, particularly ’. where consolidation includes Cormnissions staffed by City employees from different departments. Understanding the future potnts of contact and how the day-to-day division of labor would look ~vill be an important part 0f the proposal. In sum, the Housing Comanission tmderstands and is sensitive to the budgetary cliallenges that the City of San Jose faces, as well as the significant amount of work that has gone into the initiaI consolidation proposal. Finding ~vays to operate govennnent more efficient!y is always a laudable goal when taken in combination with the prese~wation of government’s core purposes. Additional clarity on the criteria and analyses (as identified above) that was used to guide the initial consolidation proposa! will greatly help in ackieving a final outcome The Honorable Mayor and City Council RE: Proposed Boards & Commissions Consolidation Housing and Community Deve!opment Adv|so~y Commission Page 4 of 4 that does both, The Housing Commission looks forwm’d to working with the City to achieve increased efficiency with Our Boards and Commissions while preserving an open and equitable structure for citizens,to meaningfully engage in their govenm~ent. Sincerely, Brian Darrow, Chair Housing& Community Development Advisory Commission CC: Demais,Hawkins, CMC PUBLIC RECORD~ David S. Wall RECEIVED San jose City C~erk February 22, 2012 Mayor Reed and Members San Jos~ City Council 200 East Santa Clara Street San Jos~, California 95113-1905 Re: $650 Million (or higher) "estimate" of pension costs not incorporated into public documents, why? Mayor and City Manager both have "Communication Czars" costing taxpayers plenty. So, how could such a "colossal omission" of the "estimate" escape inclusion into the record? If deliberate, is it Adolph Hitler’s "Big Lie?" Dateline: City Desk [Wednesday, (02.22.12)]. There’s too much "goose-stepping" around the truth going on. The issue of the "omission" of the word "estimate" in the "$650 million dollar or higher" figures used in public documents pertaining to city employee pension costs have created looming questions whether a catasta’ophic lack of oversight occurred versus intentional misconduct was used to deceive the public to achieve a political goal. Both the Mayor and City Manager Offices have "Communication Czars", who in tw’n, have command and control over resources such as; dedicated staff and lush budgets for consultants to oversee and or to construct evety communicative detail uttered by these "Offices" at considerable taxpayer expense. How could the word "estimate" have escape inclusion into the public record? Did elected officials intentionally use "$650 million dollar or higher" figures without the word "estimate" to intentionally "mislead" and or to "deceive the public on a premise if they "got caught", let’s say by a television news entity, they would then "come clean" by stating that it was an "estimate" all along. By admitting the error of omission, the scandal dies and a modicum of confidence is restored in government. This formula of deception is a confidence scheme in which a desired message, the fear of financial collapse of the city, to achieve apolitical goa# the further "take down of city employee benefits is predicated on telling a "Big Lie"; the intentional "omission" of the word "estimate. "Yet, when caught and confronted the "Big Lie" is mitigated down to a negligent act and thereby excused upon admitting an "error was made." In the world of high power communications, the damage is done. The "Big Lie " message is what is remembered by the voting public as the truth and not the admonition of error. Further, how many citizens would have ever thought about the aforementioned process as a series of intentional acts by their government? Adolph Hitler’s "Big Lie" technique thrives by, "telling a lie so colossal that no one would believe that someone could have the impudence to distort the truth so infamously." Why did San Jos~ Mercury News Editorial Board fail miserably to discuss the issue of; the "omission" of the word "estimate" in the "$650 million dollar or higher" figures used in public documents pertaining to city employee pension costs, since such an "oversight" should not have been possible with reference to the "Communication Czars and their lush resources" in their editorial, "Pension plot allegations against San Jose mayor miss the mark, (02.16.12)?" Methinks the goose-stepping Nazis at city hall are not alone in the perpetration of the "Big Lie." Cc: City Attorney / City Auditor / City Manager... Respectfully submitted, David S. Wall PUBLIC RECORD~ RECEIVED February 23, 2012 Mayor Reed and Members San Jos~ City Council 200 East Santa Clara Street San Jos~, California 95113-1905 Re: Pre-Treatment Program needs reorganization, new management. ESD should be reorganized. Dateline: City Desk [Thursday, (02.23.12)]. Incompetent management threatens WPCP operations. You have the following positions of responsibility to ensure the integrity of WPCP operations; City Manager Assistant City Manager Two (2) Deputy City Managers Environmental Services Director Assistant ESD Director Five (5) Deputy ESD Directors Five(5) ESD Program Managers in "Watershed Protection Division" Several "Senior Environmental inspectors" Yet, with all of this "management" the San Jos~ / Santa Clara Water Pollution Control Plant (WPCP) Pre-Treatment Program, received eighty five (85) "actionable items" from the Environmental Protection Agency and State Water Resources Quality Control Board during two (2) independent audits of the program. In the afterglow of the damning audits, it is past time to "clean house". First, incompetent and responsible managers should be fired. ESD itself requires "re-organization. The Pre-treatment Program needs to be "overhauled" as to mission and as to staffing assignments around the clock, on weekends and holidays. There are enough "Inspectors" to do the job. The current task and staffing assignments is insufficient to protect WPCP. Inspectors should be "setting samplers" more frequently, on all shifts, including weekends and holidays. Why? First, that’s their job and second, incoming sewage and industrial wastes does not stop. The Pre-Treatment Program is the only defense WPCP has to meet outside threats to WPCP operations and to inform operational command staff to facilitate remedies to protect WPCP’s integrity. Co: City Attorney / City Auditor / Manager... Respectfully submitted, David S. Wall PUBLIC RECORD RECEIVED February 22, 2012 Mayor Reed and Members San Jos~ City Council 200 East Santa Clara Street San Jos~, California 95113-1905 Re: (Week #8): Citizen "apologizes" to venerable and Honorable City Attorney at "RULES." City Manager disingenuous "Thanks" City Attorney during Budget Study Session discussed. Is the City Manager discerning and reflecting on issuing a "Public Apology" in the management cave? City Manager still has to "publically apologize" for the loss of $440,000 "Free" dollars. Dateline: City Desk [Wednesday, (02.22.12)]. $440,000 loss of "Free Money" still haunts city hall. The Applegate Johnson, Inc. settlemen¢ as it fully appears on the City Council Meeting Agenda for [Tuesday, (01.10.12); Consent Calendar, (Item 2.7)] is a glaring testament that the throwing away of $440,000 "Free dollars" should force "Regime Change." The City Manager continues to shirk all personal and professional responsibility for the loss of $440,000 dollars from the Applegate-Johnson scandal. The City Manager still needs to issue an "apology" to the taxpayers. A "genuine apology" is now linked to resignation from city service. During the Rules and Open Government Committee meeting; [Wednesday, (02.22.12): a portion of Agenda Item F (f)] was read into the record. Also, this citizen offered up a sincere apology to the venerable and honorable City Attorney that flowed from his negligence that was the direct and proximate cause of the City Manager being permitted to issue a "disingenuous Thank-You" to the City Attorney. The Office of the City Attorney was compelled to provide; unexpected and unfunded services to extricate the City Manager out of the snarling teeth of the Applegate-Johnson scandal so the city manager could pursue bathing in the inclement administrative weather of the New Market Tax Credit financing scheme that supports the Ponzi-esque financial structure associated with the Environmental Innovation Center. Under normal circumstances, a person in the position of the City Manager would have issued a genuine apology and a genuine "Thank-you" in a timely and thorough manner but, sadly and without any measure of intestinal remorse, only a "disingenuous Thank-you" was entered into the permanent record by the city manager which has resulted in serious questions as to character and the ability to manage. It is good, right and salutary to ask, "If any person were to negligently lose $440,000 of another and after several weeks of prodding to "Thank the City Attorney" for his services, only then to issue a "disingenuous Thank-you," certainly "slapped the faces" of the Office of the Attorney and citizens; does this act begin to define the character of the city manager and the resulting ability to manage the City of San Jos~?" What type of person would issue a "disingenuous Thank-you and not "apologize for losing $440,000 dollars of another’s money?" My hero, Mr. Lew Wolff says, "Performance is relatively simple to measure, and performance is what counts." "What would Lew do if the City Manager worked for him and lost $440,000 of hi_..~s dollars?" Cc: City Attorney / City Auditor / Manager... Respectfully subm#ted, David S. Wall PUBLIC RECORD__~~ RECEIVED San,~,-.~,,~°.~ City. Clark February 22, 2012 Mayor Reed and Members San Jos~ City Council 200 East Santa Clara Street San Jos~, California 95113-1905 Re: Are "Community Centers the new "gulags" or worse)"death camps" for the aged and infirmed? Reports from seniors, "Community Centers" are forcing old people into hard labor to receive food. Dateline: City Desk [Wednesday, (02.22.12)]. Do oldpeople have an affirmative duty to die? Prior to the Rules and Open Government Committee meeting, two senior citizens approached the citizen stationed at "City Desk" and gave poignant testimony of how at least one Community Center has forced hard labor upon the old and infirmed people in order for them to receive their daily ration of bread. The seniors, weak from being under nourished, told their horrific tale of social injustice reminiscence of how the Nazis treated the old and infirmed back in the 193 O’s. However, the "Community Center S S guards" have yet to whip or beat the aged and infirmed seniors. The seniors pleaded with the citizen at "City Desk" for assistance in this matter. During Rules and Open Government Committee meeting; [Wednesday, (02.22.12): a portion of Agenda Item F (c); "IBM Operations Efficiency Diagnostic Report Harms the Public’s safety"] was read into the record, specifically, the issue of Senior citizens being forced to slowly and painfully starve to death as a result of the aforementioned report suggesting that senior nutrition programs be eliminated. The report stopped short of stating that "senior citizens have an affirmative duty to die." An investigation by "City Desk" is underway. Respectfully submitted, Cc: City Attorney / City Auditor / Manager PUBLIC David S. Wall ~n 3ose .Ci:~ Clerk February 23, 2012 Mayor Reed and Members San Jos~ City Council 200 East Santa Clara Street San Jos~, California 95113-1905 Re: Airport teetering on financial doom, high fuel prices and lower than predicted air travel cited. The Airport, out of cost reduction options is One incident away from serious financial trouble. Airport may not be able to retain San Jos~ Police and Fire. Cackling OED executive and fellow bovines disrupt tense Airport Competitiveness Committee meeting. Dateline: City Desk [Thursday, (02.23.12)]. Debt service at Airport is knocking at Council’s door. It is not a good time for the city council to be planning a celebration that redemption for all their stupid frivolous spending at the airport to bear any money making fruit is near. There is no fault of airport staff outside of the Master Plan’s predictions concerning increase in passenger travel. In short, the airport could face irreparable financial disaster if fuel prices continue to climb and passenger traffic declines. For example, what would happen if war in the mid-east breaks out? Iran has been asking for a clobbering for many years. Oil embargo by Europeans as part of the world wide sanctions against the Iranian nuclear program has already begun to push "futures prices" to new highs. A couple of questions were asked; At what price of fuel will trigger eliminating all San Jos~ Police Officers and Fire Fighters from the airport operations? At what price of fuel will trigger bankruptcy of the airport, the doomsday scenario? There were no answers to these questions at today’s meeting. One speaker recommended abandoning the Airport’s Master Plan’s predictions, such as passenger growth. Passenger travel to San Jos~ was only a piker’s 1.3% down from 2.1%. The issue of imminent domain on airport lease holders was discussed and all ears were stretched to capacity to gather in all words to this issue, spoken by the extremely Honorable former City Attorney. Of course the tense meeting was briefly interrupted by a cackling executive from the Office of Economic Development and her fellow bovine friends. A citizen tried in vain to quiet the cows but, there was no oat hay available and the cows continued to laugh loudly and cut jokes. Cc: City Attorney / City Auditor / Manager... Respectfully submitted, David S. Wall PUBLIC RECORD San ,~ose City Clerk February 23, 2012 Mayor Reed and Members San Jos~ City Council 200 East Santa Clara Street San Jos~, California 95113-1905 Re: Please post "contract services agreement with Downtown Business Association." It would be nice to see the contract terms prior to CED meeting on Monday (02.27.12). Dateline: City Desk [Thursday, (02.23.12)]. DBA’s newfound religion in food grown locally is refreshing. I request that if the contract for services agreement with the San Jos~ Downtown business Association be posted prior to Monday’s (02.27.12) Community and Economic Development (CED) meeting if it is ready to be discussed. The DBA’s new and improved business model could be an exciting and uplifting event for all those who frequent the Downtown. It is my hope at least one school will be identified as to provide fresh vegetables, grown locally to be used in Downtown restaurants and to provide a revenue source for the school. Respectfully submitted, Cc: City Attorney / City Auditor / Manager
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