December 7, 2004

SUBJECT: Public Hearing on Potential Council Study Issues for Calendar Year 2005

REPORT IN BRIEF

The City Council conducts a workshop each year to set priorities for new issues requiring significant staff study in the next calendar year. This public hearing is being conducted for the purpose of receiving input on proposed study issues, as well as to hear suggestions from the general public and community groups about any new issues that they propose for calendar year 2005, for Council consideration. These issues may include potential policy studies, new ordinances or amendments thereof, new programs, changes to existing programs/services, etc. Based upon public testimony, a Council Member can direct staff to prepare study issue papers on any issue they wish to have considered. All study issues sponsored by a Council Member will be reviewed and considered by Council at its upcoming Study Issues Workshop, at 8:30 a.m. in the Council Chambers on Thursday, December 16, 2004. The purpose of this public hearing is also to give the public the opportunity to raise potential budget issues.

Budget issues will be considered separately at a Fiscal Issues Workshop in January 2005. However, the public is welcome to present testimony regarding and/or request new budget issues this evening. Council Members may also request budget issues.

No Council action is required this evening. Given the tight turn around time on study issues, it would be helpful if Council Members can provide direction to staff tonight on any study issue(s) they wish to add for calendar year 2005.

BACKGROUND

In December of each year, the City Council holds a workshop to review potential study issues. Budget and fiscal issues will be considered separately by Council in January.

Council study issues are topics that require staff study and are eventually placed on the Council agenda for action. Study issues include items such as new ordinances or amendments thereof, new programs/services or amendments to current ones, General Plan updates and policy studies. Individual Council Members, Boards and Commissions, or staff may sponsor study issues. A General Plan action statement may also result in a study issue. Once an issue is formally sponsored, staff prepares an “issue paper” that summarizes the issue. These issue papers are placed in binders that are prepared for the workshop.

Budget issues are proposals for changed budget service levels or capital projects, and are considered in the context of adopting the annual budget in June. Examples of changes in budget service levels include proposals to add new programs or, on the other hand, eliminate existing programs. Capital projects include major one-time expenditures, such as reconstructing a street or construction of a new building. Detailed discussions on budget issues will take place at the fiscal issues workshop in January.

The December 16 workshop is open to the public and will be televised live and rebroadcast on KSUN, Channel 15. Consistent with past Council practice, no public testimony will be taken at this workshop.

At the workshop, the issue papers are organized by the department that would be responsible for conducting the study if it is approved. Council reviews the issues for each department and first determines whether any issues should be added, dropped or deferred from the department list. A vote is taken on a request to drop or defer an issue. Council then ranks the list of remaining issues for each department in priority order, since it may not be possible for each department to complete all proposed study issues. Based upon Council’s priorities for study issues, staff prepares an annual work plan called the Council Agenda Calendar that Council will adopt in January 2005. Some of the lower priority issues may not be included in the work plan due to limits on staff time and other resources. It should also be noted that “mandatory” items are not included but they represent work that must still be done by staff and will be factored when determining how many study issues can be completed. Continuing study issue items will also be factored as staff considers the coming year’s workload. Lower priority issues that are not placed on the Calendar will be automatically reconsidered at the following year’s workshop.

EXISTING POLICY

The Study Issue process is an integral part of the City’s Planning and Management System (PAMS). The Council Agenda Calendar which is a product of the study issue process is utilized as the City’s principal short range planning tool (Policy 7.3A.1).

DISCUSSION

Time limitations preclude public input at the Study Issue Workshop. Council has opened the process for more public input by conducting a public hearing prior to the workshop. In preparation for the Study Issues workshop, staff has prepared a draft of the study issues that have been proposed to date. Council has a binder that contains a draft of the packet that will be presented to Council at the workshop. The packet contains department lists and study issue papers. Should new study issues be added, they will be added to the binder and be considered as outlined above.

Council members, boards and commissions, and staff have proposed the items in the Attachment. Studies that are identified in the General Plan have also been included. New budget issues requested at the hearing will be provided to the Council prior to the January Fiscal Issues workshop.

The public hearing is the opportunity for the general public, community groups, and board or commission members to provide input on additional study issues or budget issues, or to comment upon any of those that have been proposed to date. Based on the testimony taken at this hearing, any individual Council member could choose to direct staff to prepare additional issue papers. Preferably, this direction should be provided to staff at the conclusion of the public hearing. The new study issue papers will be provided at the December workshop.

It should be noted that boards and commissions have been advised that this is the appropriate time for them to testify to the Council on issues that have been recommended by their board or commission. This is optional and not required. However, additional public testimony will not be taken at the Study Issues Workshop, since this time is for Council review of the issues and deciding whether or not to study them in more detail.

FISCAL IMPACT

There is no fiscal impact to this report. Each issue paper provides an estimate of the study and an estimate of the implementation cost of that study, to the greatest degree possible.

Conclusion

The public hearing is an integral part of the study issue review and approval process. Public participation, through their comments and suggestions, is encouraged and essential in completing this process in order to provide Council with sufficient information to make its determination in ranking and prioritizing the issues.

PUBLIC CONTACT

Public contact was made with publication of the Council agenda public hearings in the San Jose Mercury News, posting of the Council agenda on the City’s official notice bulletin boards located at City Hall, Library, and Public Safety Department, and posting of the agenda and report with attachments on the City’s web page and hardcopies in the City Clerk’s office.

ALTERNATIVES

None.

RECOMMENDATION

No action is needed at this time. Council Members may request study issue papers on any additional topics they wish to review at the workshop; this may be done up to and including the day of the scheduled workshop.

Reviewed and Approved by:
Amy Chan, City Manager

Prepared by: Susan A. Ramos, City Clerk

Attachments

Proposed Study Issue Papers (pdf format)