The Public Record - City of San José

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					                                                             RULES COMMITTEE: 02-22-12
                                                                        Item: F



  CITY OF ~

SAN JOSE	
CAPITAL OF SILICON VALLEY
                                                          Memorandum

          TO:	 Honorable Mayor &                        FROM: Dennis Hawldns, CMC
                City Council                                  City Clerk

 SUBJECT:	 The Public Record                            DATE: February 17, 2012
                February 10 - 16, 2012

ITEMS TRANSMITTED TO THE ADMINISTRATION

ITEMS FILED FOR THE PUBLIC RECORD

(a)	     Letter to Mayor Reed and the City Council frolT1 Mike R. Graves, Executive Director
         Santa Clara County Manufactured Housing Educational Trust, dated February 13, 2012
         regarding support for the Boards and Commissions consolidation.
(b)	     Letter to Mayor Reed and the City Council from Patricia Colombe, Chair of the
         Historic Landmarks Commission, dated February 14, 2012 regarding opposition to the
         consolidation of the Planning and Historic Landmarks Commissions into a single
         commission.
(c)	     Letter to Mayor Reed and City Council from David Wall dated February 16, 2012
         regarding "IBM Operations Efficiency Diagnostic Report harms the Public’s safety."
(d)	     Letter to Mayor Reed and City Council dated February 16, 2012 regarding "Is Adolf
         Hitler’s ’Big Lie technique’ still alive and doing dirty deeds in San Jose?"
(e)	     Letter to Mayor Reed and City Council dated February 16, 2012 regarding "Argument
         for Five (5) or six (6) Fire Fighters per ’regular sized Fire Truck’."
         Letter to Mayor Reed and City Council from David Wall dated February 16, 2012
         regarding "(Week #7): City Manager disingenuously ’Thanks’ City Attorney during
         Budget Study Session."
(g)	     Letter to Mayor Reed and City Council from David Wall dated February 16, 2012
         regarding "City Manager and several Councilmembers ’Dressed casually’ for Budget
         Session."
(h)	     Letter to Mayor Reed and City Council from David Wall dated February 16, 2012
         regarding "Handicap ’sidewalk cut-outs’ have raised lip of a@halt impeding
         wheelchairs."


                                                                 Dennis Hawldns, CMC
                                                                 City Clerk
DH/tld

Distribution:     Mayor/Council               Director of Transportation
                  City Manager                Public Information Officer
                  Assistant City Manager      San Jos6 Mercury News
                  Assistant to City Manager   Library
                  Council Liaison             Director of Public Works
                  Director of Planning        City Auditor
                  City Attorney               Director of Finance
                                                                        PUBLIC RECORD,





                                                                                Mike Graves
                     Manufactured Housing                                 Executive Director
Educational Trust of Santa Clara Count~                                 300 South First Street
                                                                         San Jose, CA 94986
                                                                               408.294.1474
                                                                           www. sccmhet.or~
                                                               michaelrahngraves@gmail.com



To: Mayor Chuck Reed, the San Josd City Council,
    Rules Committee, & Public Record

From: Mike R. Graves, Executive Director
      Santa Clara County MHET


Dear Mr, Mayor, Council and Committee Members,

In light of the city of San Jose’s financial condition, The Santa Clara County MHET is in
support of COlnmission consolidation.

However, we request that the proposed Housing and Conm~tmity Development
Commission be balanced by providers and consumers.


Thank you for your consideration,


Mike R. Graves
Executive Director
                                                                                          PUBLIC RECORD


San Jose Historic Landmarks Commission
200 East Santa Clara Street
Third Floor, Tower
San Jose, CA 951:~3

February 3.4, 203.2


San Jose City Council
200 East Santa Clara Street
San Jose, CA 95113

San Jose City Councilmembers;

The Historic Landmarks Commission (HCL) was pleased to welcome City Clerk Dennis Hawkins to our meeting of
February I. Mr. Hawkins joined us for the purpose of discussing his proposals for combining the City’s Planning
and Historic Landmarks Commissions, one element in his proposed program for increasing efficiency and reducing
expenses associated with the City’s numerous Boards and Commissions. Commissioners verymuch appreciated
Mr. Hawkins’ time, information and thoughtful discussion.

We fully understand and support the need to examine the structure and effectiveness of the City’s boards and
commissions from time to time and we are in support of several of Mr. Hawkins’ recommendations, primarily his
proposals for more emphasis on and funding for the training and selection of boards and commissions as well as
the possibility of consolidating the administration of them.

The proposal to combine the Planning Commission and the Historic Landmarks Commission into a single seven
member body, however, is disturbing and we fear would place San Jose’s historic resources and heritage at greater
risk than they already face. Assigning the job of voice for the protection of San Jose’s historic heritage to a
commission with multiple charges would, in our opinion, weaken that voice substantially. This concern says
nothing about the qualifications and good intentions of the present Planning Commission for which we have a
great deal of respect.

The following summarizes our concerns; we urge you to consider:

    The Large Workload. In ordinary times both the Planning Commission and the Landmarks Commission have
    very full agendas. When the local economy rebounds it will be extremely difficult for a single Commission to
    adequately address a combined agenda.
    Maintaining High Quality Commission Advice to City Council. A major purpose of the City’s Boards and
    Commissions is to provide specialized advice to the City Council. The current attempt at efficiency comes with
    the risk that recommendations to the City council may not be sufficient for making solid decisions.
    Maintaining a Clear Voice for Historic Preservation. A single commission will likely be unable to give the
    necessary in depth consideration to historic issues when it has so many other factors to weigh in making its
    decisions and recommendations. Historic preservation principals are apt to be overwhelmed in a combined
    Commission.
    A Lost Historic Resource Is Gone Forever. San Jose’s remaining historic fabric could be significantly and
     permanently damaged by this experiment.
    Too Much Expected of (:ommissioners. It may be unreasonable to expect the citizen volunteers who donate
    their time as a civic duty to adequately master both planning and historic policies, principals, technicalities,
    guidelines, regulations, contexts, etc
    Individual Commissioners Selected for Specific Areas of Expertise. The City may choose to select individual
    commissioners with the expectation that they have an expertise on individual aspects of the Commission’s
    areas of responsibility. This model would rely on too small a number of commissioners, perhaps one, to
    capably support the protection of our appropriate historic resources
    The Loss or Reduction of a Public Forum for the Historic Preservation Community. The HLC has served as a
    venue for the historic community to weigh in on historic issues, share helpful information, etc. It is unlikely
    that a combined Commission would have the time or focused interest to accommodate that function.
    Minimal Commission Costs Saved. Commission costs would be saved only to the extent that present
    Commission support activities can be eliminated. Consolidating the two Commissions would roughly halve the
    present cost of providing each Commission meeting with City staff (frequently minimal), the use of meeting
    rooms or chambers, the preparation and posting of agendas and the delivery of meeting packets. We
    understand, however, that the greater cost of supporting the work of boards and commissions is the staff
    work that must be done irrespective o]: how many commissions there are, in the present case: writing reports,
    doing research, participating in training, meeting with applicants and communities, attending relevant staff
    and other meetings, administering City codes, generally providing support and advice, collecting, copying and
    distributing agenda packets to the Commission, etc. This work will have to be done in any case. Can savings
    be more than minimal?
    Costs of Consolidation. There are costs involved with creating a viable combined Commission. Other
    ’costs’ would be the loss of focus on historic preservation plus the Costs associated with potentially
    restoring the two Commissions when development activity ramps up.

The Historic Landmarks Commission appreciates your consideration of this matter and urges you to retain the
current separate Planning Commission and Historic Landmarks Commission. Each is important to many of San
Jose’s core values and preserving their distinct voices will serve San Jose well both now and in the future.



Sincerely,




Patricia Colombe, Chair
Historic Landmarks Commission

CC
Dennis Hawkins, City Clerk
Joseph Horwedel, Director of Planning, Building and Code Enforcement
Laurel Prevetti, Assistant Director of Planning, Build!ng and Code Enforcement
                                                                            PUBLIC RECORD
                                      David S. Wall




February 16, 2012

Mayor Reed and Members San Jos~ City Council
200 East Santa Clara Street
San Jos~, California 95113-1905

Re: IBM Operations Efficiency Diagnostic Report harms the Public’s safety.

         Report condemns poor Senior citizens to slowly and painfully starve to death.

      Report acts to use taxpayer machinery (Auditor and Manager) for corporate profit.

               San Jos6 Police and San Jos~ Fire already are grossly understaffed.

        The "Report" does not address City Manager throwing $440,000 dollars away.

Dateline: City Desk [Thursday, (02.16.12)]. Are Councilmembers courting corporate favor?

                    This report is so flawed that it does not merit consideration.

       If this report was accurate it would be calling for City Charter Amendments to curtail the
burgeoning Office of the City Manager and prohibition of some of the "goofy appointments" to
Senior Management. It does not.
       If this report was accurate it would be calling for the elimination of the Office of the City
Manager and to employ IBM as a contracted management operation. It does not.

        If this report was accurate it would be calling for the "streamlining" of all city services and
the elimination of "non-essential" services and staff. It does not.

        Instead, IBM’s report is being courted by Mayor Reed to be used in conjunction with; the
"bogus Budget Survey", attacks on employee benefits / pensions to further the manipulation with the
intent to deceive the public, with upcoming ballot measures including a potential hike in sales tax.

       How many other "large corporations" will be lining up to tell the San Jos~ Police Department
and the San Jos~ Fire Department how to .do their jobs to protect and save lives?

       As a student of government I have never seen such a brazen, incompetent, mean-spirited and
orchestrated attack on San Jos~’s Police and Fire Departments by elected persons.

        This report goes to the issue of some politicians, who, in the "last term of their political
lives," are attempting to "featherbed their political after life" onto the sinistet; weathered bosoms of
a corporate hobgoblin by using the public’s dime to enrich themselves in all ways despicable.

     City Attorney / City Auditor / City Manager... Respectfully submitted,



                                                                            0%,
                                                                              PUBLIC RECORD-~~
                                       David S. Wall




February 16, 2012

Mayor Reed and Members San Jos~ City Council
200 East Santa Clara Street
San Jos6, California 95 l 13-1905

Re: Is Adolf Hitler’s "Big Lie technique" still alive and doing dirty deeds in San Jos6?

        "Amendments to the City Pay Plan for Various Classifications" looks like a "Big Lie."

       Changing salary and pay titles for WPCP operations personnel, isn’t this really a bribe?

                        Creation of "Retirement Investment Officer" position...

    ... As retiree’s pensions face the gas chambers and then the ovens? Smells like Zyklon B to me.

      Where is the San Jos6 Mercury News in the reporting of this "hoodwinking" of the public?

      Instead, S.J. Mercury "gasses the public" with a "dead dog stories" in local cheesy column.

Dateline: City Desk [Wednesday, (02.15.12)] Nazi "Pay plan" revealed at "RULES."

        At the Rules and Open Government Committee meeting [Wednesday, (02.15.12); Item A (2):
"Review of February 28, 2012 Draft Agenda"] revealed the aforementioned and included "Amendments to
the City Pay Plan for Various Classifications (herein Plan)."
        The vast majority of the "Plan" positions are for the San Josd / Santa Clara Water Pollution Control
Plant (WPCP) "Operations personnel" only. That’s right, only operations personnel. The truth behind this
"Plan" is to first, try to persuade (bribe) WPCP operations personnel not to quit their jobs due to the absolute
idiocy by the City Council that cut their wages and benefits and leaving the sewage plant in a world of hurt.
But, what about all the other WPCP employees and all city employees are they all second class employees?
        Second, to shield from the public, the City Council’s and the worthless Office of the City Manager’s
sheer incompetence in causing the exodus of dozens of highly specialized and needed WPCP operations
personnel under the guise of a "fiscal emergency" when all of these affected employees were funded out of
the Sewer Service & Use Fund and not out of the General Fund.

       Somewhere in Hitler’s book, Mein Kampf, Hitler discussed, "telling a lie so colossal that no one
would believe that someone could have the impudence to distort the truth so infamously." So, does this
"Plan" rise to the level of Hitler’s "Big Lie?" (Actually, there are several "Big Lies" occurring here.)

        A citizen warned Council long before the "Nazi inspired imposition" of wages and benefit cuts to city
personnel on restricted use funds, especially WPCP as well as cuts to POLICE and FIRE.
        At Monday’s budget study session they announced the hiring of more Police Officers and reopening
of the Police Academy despite a looming $25 million dollar deficit. Why were cops laid off in the first place?

     We know the Mayor does not lie, but it appears he is being a little economical with the truth.

Cc: City Attorney / City Auditor / City Manager... Respectfully submitted,
2.	 CONSENT CALENDAR
 2.7	    Award of Open Purchase Orders for Concrete Removal, Replacement and Repairs.
         (Cont’d.)

         Recommendation:
         (b) 	 Transfer funds between the four purchase orders as required based on usage and
                contractor capacity.
         (c)	   Exercise options to extend the purchase orders for four additional twelve month
                terms without further Council action other than the appropriation of funds.
         CEQA: File No. PP08-186 and PP11-090. (Finance)

         Amendments to the City Pay Plan for Various Classifications.

         Recommendation: Adopt a resolution to:
         (a) Amend the City of San Jos4 Pay Plan effective February 28, 2012 to change the
               salary ranges and titles for the following classifications:
               (1)	   Plant Operator I/II/III (3612/3652/3653) (formerly titled Plant Operator)
               (2)	   Senior Plant Operator I/II (3613/3655) (formerly titled Senior Plant
                      Operator)
               (3) Plant Shift Supervisor I/II (3614/3618) (formerly titled Plant Shift
                      Supervisor)
               (4)	   Plant Assistant Operations Manager FII (3617/3619) (formerly titled Plant
~ (b)                 Assistant General Operations Supervisor)
               Amend the City of San Josd Pay Plan effective February 28, 2012 to create the
               following classification:
               (1) Retirement Investment Officer (7505)
         CEQA: Not a Project, File No. PP10-068(b), Municipal Code, Title 3. (Human
         Resources)

 2.9 Agreement with The Health Trust for the Senior Wellness Initiative.

         Recommendation: Adopt a resolution authorizing the City Manager or designee to
         execute an agreement with The Health Trust in the amount of $350,000 for the
         administration and disbursement of the funding for the Senior Wellness Initiative.
         CEQA: Not a Project, File PP10-066(e), Services that involve no change to the
         environment. (Parks, Recreation and Neighborhood Services)

 2.10	   Report on Bids and Award of Contract for the Sanitary Sewer Condition

         Assessment Fall 2011 Project.


         Recommendation: Report on bids axed award of contract for the Sanitary Sewer
         Condition Assessment Fall 2011 project to the low bidder, Coastline Water Resources,
         Inc., in the anaount of $1,449,000 and approval of a contingency in the amount of
         $145,000. CEQA: Exempt, File No. PP11-084, dated September 7, 2011. (Public
         Works)


                                              4	                                CC 02/28/12
                                                                               PUBLIC RECORD
                                        David S. Wall




February 16, 2012

Mayor Reed and Members San Joss City Council
200 East Santa Clara Street
San JosS, California 95113-1905

Re: Argument for Five (5) or six (6) Fire Fighters per "regular sized Fire Truck."

                            The Fire Department is grossly understaffed.

  The "Burning to Death Clock" is still ticking down to a "painfully crispy end" for someone.

Dateline: City Desk [Wednesday, (02.15.12)]. Fire Engineer should stand by at Fire Truck.

        On Sunday, (02.13.12), my neighborhood was blessed once again by a prompt live-saving response
by the San Joss Fire Department. I mentioned this at the [Budget Study Session, Monday, (02.13.12)] and at
["The Rules and Open Government Committee" Wednesday, (02.15.12)].

        Specifically, Engine Company 1B under the command of Fire Captain Brian Endicott, with
Fire Fighter Asha Wagner, Fire Fighter / Paramedic Saul Flores and Fire Engineer Brendan Kasten
also on board responded to a request for emergency service at a neighbor’s place of business, a drug
and alcohol rehabilitation facility. Individual letters of "Thank-you" will be forthcoming soon.

     Because the Fire Department is grossly understaffed, all four (4) personnel assigned to Engine
Company 1B had to leave the Fire Truck to render aid. This abandonment of the Fire Truck is not acceptable.

       This poses a serious potential risk to the operational integrity of the Fire Truck and thus unnecessarily
throws caution to the wind by imperiling the public’s safety.

      Fire Trucks are sophisticated and costly. The Fire Department takes great pride to ensure that the Fire
Engineers are highly qualified to keep the sophisticated Fire Truck operational at any time of the day or night.

         Should not the Fire Engineer a|ways be present and in attendance by the Fire Truck to prevent
children from "playing with valves and or switches" and to insure the Fire Truck is ready for the next
call to service?

       Vandalism and theft are also significant threats to an unattended Fire Truck.

         It is apparent to me, a minimum of five (5) Fire Fighters are required for this size of Fire Truck but, I
am not an expert. Perhaps six (6) Fire Fighters are needed. A sixth Fire Fighter could serve as a safety officer
for traffic control (since the Police are also grossly understaffed) and or in defense of the Fire Truck from
gangsters and all other forms of social miscreants.

      You should reallocate the necessary funding to ensure proper staffing of the Fire Department. I
recommend reductions in the Office of the City Manager to initiate the rehiring of Fire Fighters.
Cc: City Attorney / City Auditor / Manager... Respectfully submitted,



                                                                                       o2_, \2_
                                                                                PUBLIC RECORD.
                                         David S. Wall




February 16, 2012

Mayor Reed and Members San Jos~ City Council
200 East Santa Clara Street
San Jos~, California 95113-1905

Re: (Week #7): City Manager disingenuously "Thanks" City Attorney during Budget Study Session.

The City Manager’s "Thank-You" to Attorney was disingenuous but, "gets over on a technicality."

          City Manager still has to "publically apologize" for the loss of $440,000 "Free" dollars.

Dateline: City Desk [Thursday, (02.16.12)]. $440,000 loss of"Free Money" still haunts city hall.

       The Applegate Johnson, Inc. settlement 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.

        The City Manager, during the Budget Study Session issued a public "Thank-you" to the venerable
and honorable City Attorney on an unrelated matter and then said, "Mr. Wall, I just thanked the Attorney."
The "Thank-you" was of course disingenuous and made no mention of the Attorney’s time and skill that was
required to bail the city manager out of the scandal evolving Fire Station No. 19 and the New Market Tax
Credit lenders to secure a $4,500,000 loan for the boondoggle Environmental Innovation Center.

         The "Thank-you" has to be accepted on a technicality for a "disingenuous Thank-you" was not
stipulated as unacceptable in prior memorandums. This is my fault and I will apologize to the venerable and
honorable City Attorney, publically for the omission of a stated condition that would have prevented a
disingenuous "Thank-you" from being accepted into the permanent record.

        However, the issue of a Public Apology was still pending at the time of the disingenuous "Thank­
you" and is still enforceable. The defect in the Public Apology, as a direct and proximate cause of the
"disingenuous Thank-you technicality," is now repaired and is now conditioned to prevent any additional
"disingenuously generated oratory" from becoming acceptable and theretofore be entered into the permanent
record.
                                   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,
                                                                               PUBLIC RECORD~

                                      David S. Wall




February 16, 2012

Mayor Reed and Members San Joss City Council
200 East Santa Clara Street
San JosS, California 95113-1905

Re: City Manager and several Couneilmembers "Dressed casually" for Budget Session.

                     Several Couneilmembers "Dressed casual for RULES."

   Councilmember Liccardo dressed extremely casual for "RULES" and was chewing gum.

Dateline: City Desk [Monday, (02.13.12)] and [Wednesday, (02.15.12)]

         I applaud all Councilmembers and the City Manager for "dressing in casual clothes."

       I really didn’t mind Councilmember Liccardo chewing gum during his "RULES"
presentation, although it was a little bit tacky and uncouth.

       I have tried, so far in vain, to even get the Mayor to "dress casual" but, he still dresses as if
he was going to a funeral or a job interview with IBM.
       Considering how the City Manager threw $440,000 taxpayer dollars into a toilet resulting from
the Applegate-Johnson scandal, why should employees have to shell out big bucks for clothes and
shoes?

         The "Unfunded Mandate" of the "Dress Code" should cease.

                                                                 Respectfully submitted,




Cc: City Attorney / City Auditor / City Manager
                                                                            PUBLIC RECORD
                                     David S. Wall

                                                 

                                                         

                                                         


February 16, 2012

Mayor Reed and Members San Joss City Council
200 East Santa Clara Street
San JosS, California 95113-1905

Re: Handicap "sidewalk cut-outs" have raised lip of asphalt impeding wheelchairs.

 The raised lip of asphalt can make it very difficult for wheelchair bound people to overcome.

                    Some "grinding of the street pavement" will be required.

          Closer inspections by D.O.T. staff as to street sealing, is required in future.

       In my neighborhood, there are several "Handicap sidewalk cut-outs" have raised lip of
asphalt impeding wheelchairs.

       The wife of a disabled person has complained to me about this unfortunate situation. I have
inspected several of the "raised lip of asphalt" that impedes wheel chairs.

        A D.O.T. employee was conversing with a neighbor for some time today. I informed him of
the problem and he said he would refer it to the "sidewalk division." The problem is actually in the
street and I just want to clarify that point.

      There is an urgent need to first, prevent this problem and to rectify the problem in a timely
manner.

       I would like to thank the D.O.T. employee for taking the time to receive my observation and
to make the necessary referral.

       His first name is "Mike."

                                                                         Respectfully submitted,




 III
IN
IN

Cc: City Attorney / City Auditor / City Manager / Director D.O.T.

				
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