Policy Watch: Your weekly tip sheet for what’s going on in your community

City of San Jose

 Council Members Khamis, T. Nguyen call for Crime Free Multi-Housing program to be implemented in San Jose; would evict residents for any violation

Council Members Khamis and T. Nguyen recommend the City Manager report out, at the October 6th City Council meeting, on progress toward the implementation of an opt-in Crime Free Multi-Housing Program to be supported by the San Jose Police Department, place the item on the October 14th Neighborhoods Commission agenda for review, and place the program’s implementation plan on the October 27th Council agenda.

The Crime Free Multi-Housing program has been discussed for almost two years, with discussions now reaching an impasse.

 Where: San Jose Rules Committee

When:  Sept. 30, 2015,

Link to item: https://sanjose.granicus.com/MetaViewer.php?meta_id=536137

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/46551

Study of options for EMS patient transport when County’s Rural/Metro contract expires; recommends Fire Department partner w/ private ambulance company to bid on County RFP

Currently, Santa Clara County maintains jurisdictional responsibility to provide Emergency Medical Services and Advanced Life Support Services (paramedic services), including patient transport within the county. Rural Metro was awarded the contract by Santa Clara County in 2011 and currently provides patient transport. Under the current contract, the San Jose Fire Department provides the “first response” paramedic services to emergency medical calls in San Jose, and often provides patient stabilization and treatment until the Rural Metro ambulance arrives.

The current contract with Rural Metro expires in June 2016, and the County is exploring whether to extend the current contract or issue an RFP for this service. The goal of the EMS Transport Feasibility Study is to determine if participating in a future Santa Clara County Ambulance RFP would be in the best interest of the City of San Jose.

Where:    San Jose City Council

When:  Oct. 6, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1467&meta_id=536042

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=567df9ca-725b-43d7-9357-47a5b758b333

 

City of Santa Clara

 Approving voluntary agreement with AirBnB for collection of TOT

Staff engaged AirBnB in discussions about the company’s interest in entering into a tax collection agreement with the City that would result in AirBnB collecting TOT from hosts that rent accommodations to guests in Santa Clara via the AirBnB platform. These discussions were a result of the finding that the collection and remittance of taxes by hosted platforms that facilitate the financial transactions would provide efficiencies for the City to collect additional TOT tax revenue.

Key provisions of the agreement include:

  • AirBnB will register as an operator for the reporting, collection and remittance of TOT.
  • Collection will begin no later than November 1, 2015 (contingent upon the City’s execution of the agreement).
  • AirBnB will notify hosts that TOT will be collected and remitted as of the effective date and notify guests of the amount of TOT collected and remitted on each booking transaction.
  • The City will maintain audit rights with AirBnB, but not individual hosts.
  • The Public Records Act will apply to the agreement.
  • AirBnB will retain records documenting the payment of TOT for a minimum of three years.
  • Either party will be able to terminate the agreement for convenience.

Where:    Santa Clara City Council

Wheb:  Sept. 29, 2015, 6:00p

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=48115

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1661&doctype=AGENDA

 

Selecting a developer for BAREC site affordable senior housing project; choosing between ROEM, Core Companies & USA Properties

 The three developers being considered for the proposed affordable senior housing project at the BAREC site are: ROEM, Core Companies, and USA Properties.

ROEM proposes a master plan comprised of 165 affordable senior units, including two managers’ units, as well as 155 market rate apartment units and 10 single-family homes that are not age or income restrictive. The development of the senior housing will provide a bicycle storage and maintenance room and 124 parking stalls. The 165 units would be a mix of 50 studios for rents between $931 and $1,117; 113 1-bedroom apartments with rents ranging from $997 to $1,197; and two, 2-bedroom managers’ units. The market rate development would also include bicycle storage and maintenance room, with 310 parking stalls. They also propose a 1.15 acre park.

Core Companies proposes a 4-phased master planned community that includes a total of 7 buildings: 34 market rate townhomes; 144 market rate rental apartments that are not income or age restrictive; 181 affordable rental units, of which 165 are age-restricted for seniors and which will include a 20% set-aside for extremely low-income and very low-income veterans over the age of 62. Rents are estimated to range from $558 to $1,435 for senior units, and $2,232 to $3,369 for non-age restricted moderate income units. They also propose a 1.5 acre privately-owned Urban Agriculture Open Space.

USA Properties proposes all senior residential villages that would be comprised of 167 affordable senior units and 125 market rate senior apartment units spread over three buildings. They also propose a 1.0 passive park.

All three plans intend on utilizing Low Income Housing Tax Credits as a means of financing the senior affordable housing project.

Where:    Santa Clara City Council

When:  Sept. 29, 2015, 6:00p

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=48109

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1661&doctype=AGENDA

City of San Jose

 

Revisions to Elections Code include eliminating the minimum fine for late-contribution filing reports; creating separate contribution limits for special elections

The Ethics Commission has identified several provisions in Title 12 and the Resolution that should be revised or addressed. These provisions and proposed revisions include:

 

Disclosure of Electioneering Communication: Based on a large number of violations in the 2014 election, the Ethics Commission reviewed what is required to be included in the disclaimer on printed electioneering communications.

Election Commission recommendation: Keeping the requirements as is and increase education and outreach to candidates regarding these unique San Jose disclosure requirements.

Rules Committee Discussion: Recommends simplifying the requirements and making them more consistent with the FPPC requirements.

If Council accepts the Ethics Commission recommendation, no changes are needed to the Municipal Code.

 

Deadlines to close out campaign committees: Currently, candidates must retire all campaign-related debts, including loans, within six months after the date of the election, and may only deposit personal funds into his or her campaign bank account 45 days from the day of the election to settle debts.

Ethics Commission recommendation: Make the deadlines consistent and give candidates 90 days to deposit funds into campaign bank accounts, for debt retirement and to either return or turn over to the general fund surplus campaign funds.

Rules Committee discussion: The Committee recommended changing all three of the deadlines to 6 months from the date of the election. However, the Political Reform Act provides that funds under the control of the candidate or elected officer shall be considered surplus campaign funds upon the expiration of 90 days, therefore surplus fund deadlines can’t be changed to 180 days.

 

Campaign contribution limits—Special Elections: The Municipal Code specifies separate campaign contribution limits for the primary and runoff election periods of regular elections, but not for special elections.

Ethics Commission recommendation: The Commission recommends allowing separate contribution limits for both the special municipal election and the special run-off election.

Rules Committee Discussion: The Committee agreed with the Commission.

 

Minimum penalty: The Municipal Code provides the minimum fine for the non-filing of late contribution reports must be set at $1,000. This restricts the Ethics Commission’s ability to consider all relevant circumstances and mitigating factors in assessing fines.

Ethics Commission recommendation: Eliminate the minimum penalty of $1,000 for failure to file late contribution reports.

Rules Committee discussion: The Committee agreed with the Commission.

 

Public entity:    San Jose City Council

Date/time/location item will be heard:  Oct. 6, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1467&meta_id=536240

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=567df9ca-725b-43d7-9357-47a5b758b333

 

County of Santa Clara

 

Chavez/Cortese referral to require PLAs for projects over $1 million w/ targeted hiring

Possible action:

  1. Direct Administration to report back to the Board of Supervisors with a draft amendment to Board of Supervisors Policy Manual that would require Project Labor Agreements for County construction projects that exceed a recommended construction cost threshold, including analysis of a construction cost threshold of $1 million.
  2. Direct Administration to report back to the Board of Supervisors with a draft Community Workforce Agreement policy incorporating targeted hiring of local disadvantaged apprentices, with applicability to a) public works projects that exceed a recommended construction cost threshold and b) any other construction projects which will receive more than a recommended threshold amount in funding originating from the County or land values at $5,000,000 or more contributed by the County, including an analysis of a construction cost threshold or County funding threshold of $1 million, to be considered at the Finance and Government Operations Committee meeting in January 2016.

Highlights from referral: The County currently has in place a policy applicable to public works projects with an expected construction component of $10 million which requires an analysis to determine whether usage of a project PLA will further the County’s interests (Policy Manual Section 5.7.5.4). Making the utilization of PLAs mandatory for projects valued at over $1 million will extend this benefit to all major County construction projects.

Where: Santa Clara County Board of Supervisors

When: Sept. 29, 2015, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=6063&MediaPosition=&ID=78324&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=6063

 

Chavez referral for residential PACE energy efficiency program requirements, including wage standards 

The Board previously approved the requirement for clear consumer disclosures and indemnifications and insurances for the County, and also provided Staff direction to negotiate with Residential PACE Administrators regarding adoption of supplemental Contractor Standards, using the 2010 draft Supplemental Contractor Standards as a guideline.  Subsequently, the Office of Sustainability convened meetings and discussions with county stakeholders, Renewable Funding (CaliforniaFIRST), and Renovate America (HERO), which resulted in modification and streamlining of the Contractor Standards developed by the County for PACE in 2010.

The mandatory Contractor Standards for PACE retrofits to single-family homes include a wage standard, subcontractor responsibility, OSHA training and reporting requirements.

 

Where: Santa Clara County Board of Supervisors

When: Sept. 29, 2015, 9 am

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=6063&MediaPosition=&ID=78313&CssClass=

Link to County Contractor Standards:  http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=141640&MeetingID=6063

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=6063

 

Simitian referral to develop “implicit bias” training program for Sheriff’s Dept

Simitian is asking that the Board of Supervisors direct County staff to begin the process of developing and implementing a comprehensive, cutting-edge “implicit bias” training program for the members of the Sheriff’s Department and potentially for the Department of Corrections.

Based upon the preliminary research his office has conducted (in consultation and collaboration with Sheriff Laurie Smith), he has concluded that creating an implicit bias training program is a necessary step to avoid the kinds of tragedies that have played out  in the year since the tragic events in Ferguson.

Possible action: Direct Administration to report to the Board on date uncertain with a specific plan for developing and implementing an “implicit bias” training program within the Santa Clara County Sheriff’s Department.

 

Where: Santa Clara County Board of Supervisors

When: Sept. 29, 2015, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=6063&MediaPosition=&ID=78338&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=6063

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