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

Santa Clara County

 

Proposed changes to County policy regarding Immigration and Customs Enforcement (ICE) detainers / notification requests

The board will consider adopting a Policy Resolution as proposed by Board President Cortese relating to civil immigration detainer and notification requests.  It will also consider directing Administration to develop a Memorandum of Understanding with DHS & ICE contingent upon adoption of the Policy Resolution.

Where: Santa Clara County Board of Supervisors

When: November 17, 2015, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=6067&MediaPosition=&ID=78508&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=6067

Appropriating $2M for 3.25% Cost of Living Adjustment (COLA) for General Fund CBO contracts

Possible action:

  • Approve Request for Appropriation Modification No. 67 – $2,025,258 transferring funds from reserves to various department budgets for a cost of living adjustment for General Fund community based organization contracts. (4/5 Roll Call Vote)
  • Adopt Resolution delegating contracting authority to department and agency heads, or their designees, to implement a Board-approved cost of living adjustment for General Fund community based organization contracts in a total amount not to exceed 3.25 % of the net General Fund cost for Fiscal Year 2016

The recommended actions would allow for the implementation of a COLA for General Fund CBOs, a practice the County has historically followed in years where wages for County staff have been increased. This COLA will provide departments additional financial flexibility to negotiate a maximum 3.25% increase with the contractors.

The 3.25% COLA for General Fund CBO contracts will be built into the FY 2017 base budget, which is a total ongoing impact of $2,025,258.

Where: Santa Clara County Board of Supervisors

When: November 17, 2015, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=6067&MediaPosition=&ID=77937&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=6067

 

Update on regional partnership for a Community Choice Energy district

In October 2014, the County joined the Cities of Cupertino, Mountain View, and Sunnyvale (collectively, the Sponsoring Partners) in a partnership to assess the creation of a community choice aggregation (CCA) district. Through joint powers authorities, CCA districts offer benefits such as increased share of clean energy resources and greenhouse gas (GHG) reductions, consumer choice about their procurer of energy and marketplace competition, and local control and local energy efficiency program benefits.

Where: Housing, Land Use, Environment, and Transportation Committee

When: November 19, 2015, 10am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=6153&MediaPosition=&ID=78954&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=6153

 

City of San Jose

 

Renewing agreement with Taxi San Jose; includes reduction in fees & in background checks

2nd Supplemental Memo: Staff has identified reductions in administrative fees attributed to the Airport On-Demand Taxicab/Door-to-Door Shuttle System. The drivers using the On-Demand system have the exclusive right to walkup customers who have not pre-arranged their transportation service. Due to the higher level of Airport management required, the system contains additional expenses such as those related to the Airport permits issued to the drivers and companies and management of the Taxi San Jose Agreement.

Memo from Mayor Liccardo, Vice Mayor Herrera, and CMs Peralez, Rocha, and Khamis: Recommend the On-Demand administrative fee be reduced with the following direction:

  • Immediately offer taxi companies the alternate method of background checks approved for Transportation Network Companies
  • By Jan. 2016, review the on-demand fee to determine whether the current rate correctly reflects cost recovery, and recalculate and reduce as appropriate
  • Direct staff to return to the Transportation and Environment Committee in 6 months with an analysis of the impact of ridesharing operations at the Airport on the taxi industry’s volume and market share
  • Develop all relevant ordinances and Director-authorized regulatory changes quickly

Also recommend declining to implement the 2014 City Council approved changes to the taxi model at the Airport, and instead maintain the current model which established 300 Airport Access Permits allocated to drivers and companies; and authorizing the City Manager to negotiate and execute a restated contract with Taxi San Jose, taking into consideration the necessary changes to implement Council direction, to provide On-Demand Ground Transportation Dispatch Services at the Airport with an effective date no later than Feb. 1, 2016, through Jan. 31, 2021, with five 1-year extension options.

Where:    San Jose City Council

When:  Nov. 17, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1473&meta_id=541871

2nd Supplemental Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1473&meta_id=542804

Memo from Mayor Liccard, VM Herrera, CMs Peralez, Rocha, and Khamis: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1473&meta_id=542808

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=24cab6f0-1393-4ea3-af0e-2a877b62edd7

 

Proposed ordinances & policies to preserve mobile home parks

In order to strengthen the City’s policies and regulations for the preservation of existing mobile home parks as housing that can be relatively affordable to residents in the City, taking in to consideration that such housing is not deed-restricted affordable housing, staff is proposing a new City Council Policy, General Plan text amendments, and amendments to the Zoning Code.

General Plan text amendments include:

  • Staff proposes adding General Plan text to strengthen goals to preserve existing mobile home parks in the city as a source of existing affordable housing in established neighborhoods and to improve protection from conversion from other uses
  • To address Council’s concern about more imminent pressure for conversion of mobile home parks in Urban Villages and to avoid displacement of renters, staff proposes adding a General Plan text policy to preserve mobile home parks and other housing in each Urban Village until the preservation of affordable housing can be comprehensively addressed by adoption of an Urban Village Plan specific to that Urban Village

Council Policy includes:

  • Developing guidelines for good-faith negotiations between MHP residents (including mobile home owners and mobile home tenants) and MHP owners
  • Considering specific provisions for compensation to residents for displacement when conversions are proposed, including but not limited to considerations for affordably-priced replacement housing, purchase price for the existing mobile home, relocation benefits, and community benefits/amenities within the proposed development

Where:    San Jose Community and Economic Development Committee

When:  Nov. 17, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=542059

http://sanjose.granicus.com/MetaViewer.php?meta_id=542063

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/47681

 

Amending or rescinding $10,000 fine against Manh Nguyen for late contribution filing requirement violations

Discussion and hearing to rescind or amend the $10,000 penalty assessed against Manh Nguyen and Manh Nguyen for San Jose Council D4 2015 for Late Contribution filing requirement violations.

Where:    San Jose Ethics Commission

When:  Nov. 19, 2015, 5:30p

Link to item: http://sanjoseca.gov/DocumentCenter/View/47760
http://sanjoseca.gov/DocumentCenter/View/47758

Link to agenda
: http://sanjoseca.gov/DocumentCenter/View/47735

 

City Attorney finds Manh Nguyen should not have to pay fine because Candidate Manual is misleading

The City Attorney’s review of the Candidate Manual provided by the City Clerk to Manh Nguyen concludes the information therein about state and local contribution reporting requirements was incorrect and/or misleading. The City Attorney’s Office also reviewed the applicable City ordinances and have some concerns about the clarity of the local reporting requirements, given some changes in state law. The City Attorney has also concluded that Nguyen should not have to pay the fine imposed against his campaign.

Where:    San Jose Ethics Commission

When: Nov. 19, 2015, 6:30p

Link to item: http://sanjoseca.gov/DocumentCenter/View/47830

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/47735

 

Ethics investigator finds 20 candidates violated late contribution filing requirements

A complaint has been filed regarding alleged violations of the Late Contribution reporting requirements by numerous candidates after 2013, when the Political Reform Act’s definition of a Late Contribution was amended. Specifically, the amended complaint alleges that 20 respondents failed to file Form 497s reporting late contributions received during the statutorily required “Late Contribution” period immediately preceding June 3, 2014, Nov. 4, 2014, and/or April 7, 2015 elections. The Amended Complaint focuses only on contributions received in the 16 days prior to an election that meet the definition of a Late Contribution found in the San Jose Municipal Code. The investigation concludes that each of the respondents failed to file the Form 497s.

Where:    San Jose Ethics Commission

When:  Nov. 19, 2015, 5:30p

Link to item: http://sanjoseca.gov/DocumentCenter/View/47736

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/47735

 

Hearing on complaint against Tim Orozco for violation of Late Contribution reporting requirements

The complaint alleges Tim Orozco and the Neighbors for Tim Orozco Committee violated Late Contribution Filing Requirements, failing to report 10 late contributions totaling $4,750. The investigation concludes that the Respondent did not file Form 497s on time reporting $14,500 of Late Contributions. In addition, the Respondent has not reported 1 Late Contribution in the amount of $2,175.

Similar complaints were presented to the Commission against Manh Nguyen, and the City Clerk presented in August to the Commission a memo concerning Late Contribution violations over the past two years, that suggested that many, if not all, candidates during that time period have failed to comply with Late Contribution reporting requirements.

Where:    San Jose Ethics Commission

When: Nov. 19, 2015, 6:30p

Link to item: http://sanjoseca.gov/DocumentCenter/View/46006

http://www.sanjoseca.gov/DocumentCenter/View/46202

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/47735

 

City of Santa Clara

 

Deadline for Charter Review Commission applications set for January 6th, 2016

Issue summary: Pursuant to Council direction of November 10, 2015, it is requested that the deadline for the receipt of Letters of Interest to serve on the Charter Review Committee be set for January 6, 2016 with interviews on January 12, 2016 at the Council meeting.

Where:    Santa Clara City Council

When:  Nov. 17, 2015, 7:00p

Link to item: http://sireweb.santaclaraca.gov/sirepub/view.aspx?cabinet=published_meetings&fileid=732867

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1704&doctype=AGENDA

 

City of Cupertino

 

Study session on $56.2M City Hall construction to be funded through Certificates of Participation

The three major elements of the Civic Center Master Plan are:

  • To construct a new replacement City Hall building of 40,000 sq. ft. in the same general location on the civic center site as the existing city hall, which will contain an Emergency Operations Center and space for community functions
  • Creating parking underground below the new City Hall with a capacity for 118 vehicles
  • Expansion of the Library Program Room to be the “Perch” option to seat up to 130 people

The conclusion of the attached plan being submitted for Council’s consideration and discussion is:

  • The Master Plan provides an overall cost-effective and comprehensive solution to the needs of the City and its residents
  • The Master Plan satisfies the criteria used by City staff in evaluating different master plan schemes
  • The Master Plan is in line with the size and cost of civic center projects implemented by comparable cities
  • The Master Plan can be financed with traditional tax-exempt lease financing at an annual cost that is affordable to the city

Where:    Cupertino City Council

When:  Nov. 17, 2015, 6:45p

Link to item: http://cupertino.legistar.com/gateway.aspx?M=F&ID=32269d56-7eab-41e9-9384-e7a2eeaabb0d.docx

http://cupertino.legistar.com/gateway.aspx?M=F&ID=e7f66d11-c955-41e2-a046-176d94fe90a3.pdf

Link to agenda: https://cupertino.legistar.com/View.ashx?M=A&ID=395759&GUID=5AC6D57F-CBEA-4AEC-9A56-6E3A56F349A7

 

City of Milpitas

 

City to Request for Proposal (RFP) solid waste services for first time in 30 years; beginning screening and interview phase

The City’s 30-year solid waste collection and disposal agreement with Republic will expire in September 2017. In December 2014, the City entered into a contract with HF&H Consultants to analyze the pros and cons of extending the contract or to issue an RFP for a new vendor. Council decided to pursue the RFP option, and HF&H Consultants has completed Phases 1 and 2 of their contract, which included the analysis of the options to extend or issue a new RFP, and the subsequent task work for issuing an RFP for a new vendor. It is necessary to approve Phase 3 of the contract which will amend the consultant agreement which will provide new monies for the evaluation of future options and policy and program development.

Where:    Milpitas City Council

When:  Nov. 17, 2015, 7:00p

Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2015/111715/item_12.pdf

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2015/111715/Agenda.pdf

 

Campaign Finance Reform recommendations include contribution restrictions; possible switch to district elections

The Campaign Finance Reform Committee is presenting a report making a series of recommendations to the Council, including:

  • Voluntary Total Contribution CAP for mayoral and council candidates
  • Voluntary CAP of $20,000 for mayoral candidates and $15,000 for council candidates from all sources including the candidate, spouse, in-kind, etc.
  • Additional disclosures beyond what is required by the state. This would necessitate an additional “City” form for candidates to complete and file with the City Clerk.
  • No contributions may be received from a company or the officers of the company that has projects pending before the City within 6 months of an election.
  • The committee recommends that no contributions may be received from a company or the officers of a company that contracts with the City.
  • The committee recommends the public be surveyed to see if the citizens of Milpitas would like district or seat elections.

Where:    Milpitas City Council

When:  Nov. 17, 2015, 7:00p

Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2015/111715/item_05.pdf

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2015/111715/Agenda.pdf

 

City of Mountain View

 

Council study session & direction on strategies to increase residential land uses

The purpose of this study session is for Council to provide direction on areas to be studied for increased densities and on nonresidential areas to be studied for conversion to residential uses.

Following a culmination of a four-year community engagement process, the 2030 General Plan identified “change areas” where the community and decision makers desired land use changes. City staff has been implementing this change area strategy by establishing new, increased residential zoning-level standards through the recently adopted El Camino Real and San Antonio Precise Plans. Since 2010, approx. 1,300 net new residential units have been built in the City. Approx. 3,200 net new housing units Citywide are in the pipeline, primarily in change areas (see attached item for maps).

Strategy No. 1: Increased densities/Updated Standards in Existing, Residentially Zoned areas This strategy would use the City’s existing residentially zoned areas to increase densities or update residential standards. No proposed conversion of industrial areas to residential uses are proposed beyond what Council has authorized. This strategy emphasizes potential changes to the R3 District since it has the largest area and is already zoned for multi-family. No changes are proposed for the R1 and R2 zones except for the updated companion unit study.

Strategy No. 2: Convert Industrial Areas to Residential Uses This strategy focuses on converting existing industrial-zoned areas to residential uses. The large North Bayshore and East Whisman areas are or will be undergoing processes to convert to residential uses. Several smaller areas include some parcels that have been converted to residential uses over the past 15 years.

Strategy No. 3: Areas Requiring Annexation There are two significant sized areas requiring annexation that could be considered for residential uses. The Shenandoah site at Moffett Boulevard and Middlefield Road has filed a Gatekeeper application to add approximately 1,100 units at the site. The USARC site is another potential area.

Strategy No. 4: Policy Approaches This last strategy focuses on three potential policy approaches. One is an existing Council goal (establish a minimum density policy); another could include modifying an existing Council policy (industrial to residential conversions). A final approach is to consider City-owned sites for residential uses.

Following this meeting, staff will take Council direction on which broad strategies to prioritize for further analysis. Staff will then return to Council with an updated work plan, including any recommendations on deferral of policy-related projects and costs for any new Citywide residential studies.

Where:    Mountain View City Council

When:  Nov. 17, 2015, 6:30p

Link to item: http://mountainview.legistar.com/gateway.aspx?M=F&ID=2b7d4e98-6fe6-4d76-9ec9-f83922b621e6.pdf

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=381799&GUID=34CA523C-8F89-4D94-A3B2-55BF13ACB94F

 

Santa Clara Unified School District

 

Approving resolution requiring contractors, subcontractors, and vendors to disclose wage theft judgments

Staff is recommending the approval of Resolution #15-37. Santa Clara County has a policy that requires businesses with unsatisfied wage theft judgments to disclose these judgments when they bid on contracts and throughout the term of the contract and that gives that County the authority to revoke contracts if the judgments are not satisfied. Resolution #15-37 will:

  • Direct SCUSD’s legal staff to develop language to be included in all District contracts requiring potential contractors, subcontractors and vendors to disclose any wage theft judgments issues against them and to provide documentation that the wage theft judgment has been satisfied
  • Direct legal staff to develop protocols to track wage theft judgment disclosers during the bid process and the term of the contract and disclosure by the public of potential contractors, subcontractors, and vendors with wage theft judgments issues against them
  • Direct legal staff to develop a proposal to amend the District’s current policies to bar it from contracting with potential contracts, subcontractors, and vendors who have not satisfied wage theft judgments or entered into a remediation plan to satisfy wage theft judgments issued against them
  • Direct legal staff to work with the Santa Clara County Wage Theft Coalition as needed to develop the proposal above

Where: Santa Clara Unified School District Board of Education

When: November 12, 2015, 6:30pm

Link to item: https://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=241479&IsArchive=0

Link to agenda: https://agendaonline.net/public/Meeting.aspx?AgencyID=209&MeetingID=18436&AgencyTypeID=1&IsArchived=False

 

Closed session on litigation with Trustee Stampolis

Existing litigation: Santa Clara Unified District vs. Christopher Stampolis

Where: Santa Clara Unified School District Board of Education

When: November 12, 2015, 5:05pm

Link to agenda: https://agendaonline.net/public/Meeting.aspx?AgencyID=209&MeetingID=18436&AgencyTypeID=1&IsArchived=False

 

West Valley-Mission Community College District

 

Appointing Steve Landau as Provisional Trustee for Trustee Area 4 seat

The Board will consider a recommendation to appoint Mr. Steve Landau as Provisional Trustee to fill the Trustee Area 4 seat vacated by former trustee Nick Heimlich

Where: West Valley – Mission Community College District

When: November 17, 2015

Link to agenda packet: http://www.wvmccd.cc.ca.us/WorkArea/DownloadAsset.aspx?id=8220

 

Special meeting regarding ACE Grievance over deduction of Long-term Disability Insurance Premiums

ACE filed the original grievance on Feb. 17, 2015 because the Long-term Disability Insurance Premiums were deducted from the Faculty Health Insurance Reserve. ACE argued that these premiums are not part of the cap on benefits negotiated in 2011, and that the District is responsible for these premiums.

The grievance was denied, appealed, denied again, and then appealed to the Board of Trustees.

Where: West Valley Mission CCD Board of Trustees

When: November 17, 2015, 5:30 pm

Link to agenda packet: http://www.wvm.edu/WorkArea/DownloadAsset.aspx?id=8221

 

East Side Union High School District

 

Approving actions to move forward with redevelopment of the Education Center property

Per direction of the Board from the November 5, 2015 study session, staff is bringing back this item for discussion and action by the Board. The Board raised questions during the study session regarding how to move forward with the Corp Yard and Transportation, what issues are raised by the development of some or all of the Education Center property under the Ed Code and under existing agreements with VTA, and what the opportunities are to engage with SJECCD and their surplus land.

Where: East Side Union High School District

When: November 19, 2015, 4pm

Link to item: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=A4326Q00B0D3

Link to agenda: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=9YFS7Q710E0B

 

Considering extending NHU’s B. Roberto Cruz Leadership Academy charter by two years

The Board is considering a recommendation to amend the current three-year term of the B. Roberto Cruz Leadership Academy charter (to expire on June 30, 2016) to extend the charter by two years to end on June 30, 2018.

On August 22, 2013, the East Side Union High School District Board of Trustees conditionally approved the charter petition for B. Roberto Cruz Leadership Academy (BRCLA), granting the NHU Foundation permission to operate the BRCLA within the boundaries of the ESUHSD for a two-year term. However, the NHU Foundation did not open until August 3, 2015. The Board had conditionally approved the charter petition for BRCLA based on the District Administration’s concerns regarding the NHU Foundation’s ability to implement the state college preparatory program. Since then, the NHU Foundation has met the Board-specified approval conditions for BRCLA within the agreed upon timeline. The District Administration is now requesting that the Board amend the current term of the BRCLA charter by two years to provide BRCLA the full five-year term to collect student achievement date required by statute for renewal.

Where: East Side Union High School District

When: November 19, 2015, 4pm

Link to item: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=A48SQC60335C

Link to agenda: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=9YFS7Q710E0B

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