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

County of Santa Clara

 Forwarding letter of concern over San Jose Crime-Free Housing proposal

 The City of San Jose is considering adopting a new law enforcement program that focuses on reducing crime and calls for service at multi-housing complexes. San Jose staff will present a draft report on Crime-Free Housing to the Housing and Community Development Commission on March 10, 2016, and to the Rules Committee on March 30, 2016. The Rules Committee can either accept, reject, or modify the recommendations in the report; following approval by the Rules Committee, the report will go before the City Council.

The spread of these ordinances throughout the nation is cause for great concern, as they lead to costly consequences not just for tenant families but also for the entire community. These ordinances can undermine public safety by silencing crime victims and others who need to seek emergency aid or report crime. They can increase housing instability and ultimately homelessness for victims of domestic and sexual violence, persons with disabilities, and other vulnerable tenants. They can reduce the availability of desperately needed affordable rental housing. And they can result in violations of tenants’ and landlords’ rights – including rights to be free from discrimination, to contact the government for assistance, and to receive due process – and thereby expose municipalities to legal liability.

The Domestic Violence Council first discussed the Crime-Free Housing proposal on November 6, 2015. On January 8, 2016, the Domestic Violence Council discussed forwarding a proposed letter to the City of San Jose. Also on January 8, 2016, the Child Abuse Council approved submitting a joint letter from both Councils, and approved the letter as amended. On February 5, 2016, the Domestic Violence Council approved submitting the amended letter to the City of San Jose. Given the potential for this policy to disproportionately impact domestic violence victims, the letter urges the City of San Jose to consider the unintended consequences of a crime-free multi-housing program on the residents of San Jose, and in particular, the strong likelihood of harm to domestic violence victims and their children.

The Domestic Violence Council and Child Abuse Council are requesting permission to forward the letter to the City of San Jose.

Where: Santa Clara County Board of Supervisors Public Safety and Justice Cmte

When:  March 16, 2016, 2pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=7317&MediaPosition=&ID=80290&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7317

 

City of San Jose

Direction on North San Jose development policy & new EIR DEFERRED to April 

North San Jose is the City’s largest employment district and is designated in the General Plan as an Employment Center because of its proximity to regional transportation infrastructure. The Envision General Plan augmented the North San Jose Area Development Policy, providing growth capacity for up to 97,000 new jobs, 32,000 new housing units, 26.7M sq. ft. of new industrial development, and 1.7M sq. ft. of supporting commercial uses.

The major tasks of the current work plan include:

  • Land Use and
  • Transportation.

Public hearings on the North San Jose Area Development Plan amendments and the EIR will begin in April 2016. The Draft EIR is expected to begin public circulation for review and comment in December 2016. A Notice of EIR Preparation will be circulated once more project specific details have been finalized. Public scoping meetings are anticipated to occur in the summer of 2016.

 

Where:    San Jose City Council

When:  March 15, 2016, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=560626

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=18e0b7fa-c88f-432f-9152-824dec15e3ba

 

Liccardo, Herrera, Khamis, Jones, Peralez Make Recommendations re: Economic Strategy Priorities

Memo from Liccardo, Herrera, Khamis, Jones, and Peralez: Recommendation to prioritize the following eight goals that staff should spend 80% of their time pursuing:

  • Goal #1: Encourage companies and sectors that can drive the San Jose/Silicon Valley economy and generate revenue for City services and infrastructure
  • Goal #2: Develop retail to full potential, maximizing revenue impact and neighborhood vitality
  • Goal #3: Preserve and strengthen manufacturing-related activity and jobs
  • Goal #4: Nurture the success of local small businesses
  • Goal #6: Improve the speed, consistency, and predictability of the development review process, and reduce costs of operating a business in San Jose
  • Goal #9: Keep developing a competitive, world class airport, and attract new air service
  • Goal #10: Continue to position Downtown as Silicon Valley’s City Center
  • Goal #12: Develop a distinctive set of sports, arts, and entertainment, offerings aligned with San Jose’s diverse, growing population

 

Where:    San Jose City Council

When:  March 15, 2016, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=560628

Link to Liccardo, Herrera, Khamis, Jones, Peralez Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=562549
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=18e0b7fa-c88f-432f-9152-824dec15e3ba

 

SARA, County& JP Morgan reach agreement on Plaza Hotel

 A tentative agreement has been reached between JP Morgan and the County regarding the distribution of the sales proceeds from the sale of the Plaza Hotel. The proposed agreement will allow JP Morgan and the County to remove their liens upon the sale of the property. Both the SARA Board and the Oversight Board will need to approve the proposed agreement. It is anticipated that the City will be able to acquire the Plaza Hotel in May 2016. Construction will begin soon after the acquisition is completed which will ensure the project is completed before the end of the year.

 

Where:    San Jose City Council

When:  March 15, 2016, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=560787
Link to Supplemental Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=562008
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=18e0b7fa-c88f-432f-9152-824dec15e3ba

 

Deferring award of Coleman Soccer Field project to consider a bigger complex at Airport West

 Supplemental Memo #3: The purpose of this supplemental memorandum is to request a deferral of this item to April 19, 2016, in order to continue consideration of a potential alternative site for placement of the bond funded soccer complex.

Staff could use more time to work through uncertainties regarding the Federal Aviation Administration (FAA) requirements for the site as well as minimizing or eliminating potential risks if the City were to have to re-bid the project at the existing Airport West location. Staff will work to develop a non-binding memorandum of understanding with key terms for the City Council’s consideration at the April 19, 2016 Council Meeting.

 

Where:    San Jose City Council

When:  March 15, 2016, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=560507

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=560511

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=560616

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=560618

Link to Supplemental Memo #3: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=562551
Link to Letters from the Public:
http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2127&meta_id=560618
Link to agenda
: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=18e0b7fa-c88f-432f-9152-824dec15e3ba

Special Meeting for Mayor’s March Budget Message on March 28

On March 28th at 7:00pm a Special Meeting will be held for a public hearing on the FY 2016-2017 Mayor’s March Budget Message.

 

Where:    San Jose Rules Committee

When:  March 26, 2016, 2:00p

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=562523

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/54942

 

Fire Department organizational review finds no other city uses 3-person staffing models, recs against pilot; also discusses County EMS contract

At the February 18, 2016 meeting during the original report on the Fire Department Organizational Review, the Committee asked staff to return to the March 17th meeting with additional information regarding the original report’s finding, including the following:

Multi-Tier EMS System

From the Original Item: It has been well documented that properly triaging calls for service will enhance overall performance within the EMS system. To that end, Citygate recommends and the Department agrees that the Department should work closely with the Santa Clara County EMS Agency to design a multi-tier system that properly prioritizes medical calls and dispatches the appropriate level of personnel and resources, with the goal of increasing the availability of resources to respond to higher priority incidents.

According to the Supplemental Memo, during the development of this report, the County chose to extend the existing EMS Agreement with the ambulance provider for a period of three (3) years. However, the contract between County EMS and the City of San Jose (as well as all other Santa Clara County fire agencies), will expire on June 30, 2016. The Fire Department will be meeting with the County EMS Authority in March to begin discussions regarding the new contract that will become effective July 1, 2016.

Three – Person Staffing Models

During the February 18, 2016, meeting the Committee asked the Fire Department to provide additional information regarding major cities across the United States that staff engines with three (3) firefighters. The Organizational Review report determined that in the largest urban areas of the United States where population densities are the greatest, all of the departments provide a minimum of four (4) firefighters per engine and ladder apparatus.

Three-Person Staffing Pilot

During the February 18, 2016 meeting, the Committee asked the Fire Department why San Jose could not conduct a pilot program with three (3) firefighters on an engine. The report states that under current deployment staffing conditions, the three (3) person staffing model is not recommended. The Fire Chief does not recommend that San Jose conduct a pilot.

 

Where:    Public Safety, Finance, and Strategic Support Committee

When:  March 17, 2016, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=562286

http://sanjose.granicus.com/MetaViewer.php?meta_id=562289

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/54905

 

Revising RWF Capital Budget due to lack of commitment from Tributary Agencies re: short-term financing

 Recommendation to adopt a set of 2015-2016 Appropriation Ordinance and Funding Sources Resolution Amendments in the San Jose-Santa Clara Treatment Plant Capital Fund. Approval of the recommendations would allow the City to ensure the 2015-2016 Regional Wastewater Facility Capital Budget reflects the following:

  • Short-Term Financing/Commercial Paper program will not be implemented in 2015- 2016; and
  • Adjusted capital cost allocations across the agencies for the Digester and Thickener Facilities Upgrade project based on the Engineer’s Estimate at 100 percent design completion.

San Jose staff have been working closely with representatives from Santa Clara and the Tributary Agencies so as to enable each agency to evaluate and finalize a funding plan for its portion of the RWF CIP. City staff met with representatives from each agency through regular Technical Advisory Committee (TAC) meetings as well as through separate meetings with each agency.

 

Where:    San Jose City Council

When:  March 22, 2016, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2128&meta_id=562336

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=419a5c68-1d5f-40da-9dfe-7b4d00bee004

 

New Council Policy for Surplus Property – DEFERRED to April 5

 DEFERRED TO 4/5/16 PER ADMINISTRATION

 

Where:    San Jose City Council

When:  March 22, 2016, 1:30p

Link to item: N/A

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=419a5c68-1d5f-40da-9dfe-7b4d00bee004

 

City of Milpitas

 Considering joining Silicon Valley Clean Energy Authority

 California law authorizes cities to pool customer electricity demand within their jurisdiction to directly procure or invest in electric power supplies also known as a Community Choice Energy (CCE) program. This program is garnering substantial interest among California communities since it has the potential to provide greener power at competitive, currently lower rates in addition to other community benefits.

Engineering staff will provide an informational presentation on the local SVCCE and identify the other communities participating. Since participation in a CCE may benefit the City of Milpitas community, staff is requesting Council direction to investigate the process and costs to join the local SVCCE and report back on the findings.

 

Where:  Milpitas City Council

When:  March 15, 2016, 7pm

Link to item: N/A

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/031516/agenda.pdf

 

Awarding 20-year waste disposal contract to Waste Management, Inc. 

In response to the City’s Request for Proposals (RFP), two companies submitted disposal proposal: GreenWaste Recovery (with the Monterey Regional Waste Management District) and Waste Management, Inc. The City’s current contract expires on September 5, 2017. Award of an agreement is necessary to ensure continuity of service.

At the January 12, 2016 Council study session, the two proposers presented their qualifications and approach for managing Milpitas’ solid waste for 20 years beginning on September 2017. Subsequently, the City and consultant staff completed negotiations with each proposer. The City’s consultant, HF&H, will present the results of both potential contracts, including costs, contract term exceptions, and the City Evaluation Committee’s recommendations. Upon Council award of the solid waste disposal contract, the City’s Evaluation Committee will begin evaluation of the collection and processing proposals.

Staff is recommending awarding the contract to Waste Management, Inc. for the Solid Waste Disposal Contract. A Resolution and Agreement with Waste Management, Inc. is included in the Council packet for adoption. If however, the Council desires to pursue an agreement with Green Waste Recovery, Inc., a Resolution and Agreement with Green Waste Recovery, Inc. is also included in the Council packet for consideration.

 

Where:  Milpitas City Council

When:  March 15, 2016, 7pm

Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/031516/item_12.pdf

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/031516/agenda.pdf

 

Former RDA site sold for $7M to hotel developer Lodging Dynamics Development

As a result of the Dissolution Act and the Settlement Agreement entered into with the State of California, the County of Santa Clara and other involved parties, a Long Range Property Management Plan (“LRPMP”) was approved by the Oversight Board that addresses the disposition and use of the real properties of the former Milpitas Redevelopment Agency. The LRPMP identifies four properties as assets of the Successor Agency that are required to be sold through a Request for Proposals (“RFP”) process. One of the four properties is located at the northwest corner of Alder Drive and Barber Lane (APN 086-02-086).

On February 19, 2015, the Oversight Board approved the sale of the property to Lodging Dynamics Development LLC which made the highest offer of $7 million. Lodging Dynamics Development LLC is a private company that acquires, operates and manages hotels. The Oversight Board also directs the Successor Agency to execute the Purchase & Sale Agreement within 20 days of its execution by Lodging Dynamics Development LLC (Buyer”). Included in the Council’s agenda packet is the executed agreement by the Buyer.

The City of Milpitas will receive approximately 16% of the net sales proceed.

 

Where:  Milpitas City Council

When:  March 15, 2016, 7pm

Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/031516/item_16.pdf

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/031516/agenda.pdf

 

City of Cupertino

 Filling vacancy on Housing Commission following Krista Wilson resignation

Housing Commissioner Krista Wilson resigned her seat effective March 10, 2016, leaving an unscheduled vacancy for a full term expiring on January 30, 2020. There is a Cupertino residency requirement for this commission member position.

Unscheduled vacancies can be handled in two ways:

  1. If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy.
  2. The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk.

Council will consider two options:

  1. Appoint from the existing list of applicants that were interviewed in January, which includes:
    1. Sue Bose, Wagaa Salaje
  2. Hold a special recruitment and set an application deadline of 4:30pm on Friday, April 15, 2016 and an interview date of May 3, 2016 beginning at 5:30pm.

 

Where: Cupertino City Council

When:  March 15, 2016, 6:45pm

Link to item: http://cupertino.legistar.com/gateway.aspx?M=F&ID=9104dffb-4359-4e7f-9fae-80d11ce8e84b.docx

Link to agenda: https://cupertino.legistar.com/View.ashx?M=A&ID=444209&GUID=3420B094-57F2-4C1D-9A44-DEFEE7AFFB6B

 

 

City of Sunnyvale

Survey results of Sunnyvale Chamber of Commerce transportation priorities

Council will receive a presentation from the Chamber of Commerce regarding their recent survey on transportation priorities.

 

Where: Sunnyvale City Council

When:  March 15, 2016, 7pm

Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=2600846&GUID=6020DBFF-DF17-42C0-87D0-CF0D53B05A72

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=455167&GUID=0EC11813-EC83-4A4A-BAA1-99D82DF8A15E

 

Awarding $6M to First Community Housing from Housing Mitigation Fund for 86 BMR units; 50% units set aside for developmentally disabled

In response to the City’s RFP for Housing Mitigations Funds (HMF), First Community Housing (FCH) is applying for $6 million in Housing Mitigation and/or Below Market Rate In-Lieu funds to redevelop the Orchard Gardens Apartments, a 62-unit development at 245 W Weddell Drive. The proposed development would demolish 32 existing units in two phases to minimize displacement of existing tenants, substantially rehabilitate the remaining 30 existing units, and construct a new 56-unit highly sustainable building. The redeveloped property will include a total of 86 units, increasing the amount of affordable housing on the site, with 50% of the units serving developmentally disabled households.

Staff is recommending that Council award a two-year conditional commitment of HMF in the amount of $6 million to First Community Housing for redevelopment of Orchard Gardens Apartments, and direct staff to include the funds committed to this project in the FY 2016-17 Projects Budget.

 

Where: Sunnyvale City Council

When:  March 15, 2016, 7pm

Link to item: http://sunnyvaleca.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=4318

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=455167&GUID=0EC11813-EC83-4A4A-BAA1-99D82DF8A15E

 

City of Palo Alto

Providing feedback on Stanford student housing expansion plans

On January 14, 2016, Stanford filed an application to reallocate 566 housing units from various campus districts to the East Campus Development District. Stanford is also requesting an approval for 1,450 additional housing units beyond the 3,018 housing unit limit in the General Use Permit (GUP) approved by the County Board of Supervisors that regulates land use, growth, and development.

The County is currently reviewing the application and there will be a public hearing before the County Planning Commission on March 24th. City planning staff requested Stanford representatives to present the project to the Planning & Transportation Commission (PTC) and City Council. That discussion took place on February 10. While the City had no direct role in reviewing the application, the County will consider city comments in its review. If Council finds that further comments or information needs to be transmitted to the County related to its review of the application, those comments may be communicated to staff when considering the action item related to this topic later in the agenda.

 

Where: Palo Alto City Council

When:  March 21, 2016, 6pm

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/51471

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/51512

Providing comments on Stanford student housing expansion plans

 During the Study Session portion of the agenda, Stanford representatives presented a project to reallocate and add housing units within the Stanford campus. This item will give the Council a forum to direct staff to prepare an additional comment letter, if warranted. If a letter is needed, staff would formalize and send the Council comments to the County prior to the March 24th hearing date before the Santa Clara County Planning Commission.

 

Where: Palo Alto City Council

When:  March 21, 2016, 10:15pm

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/51508

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/51512

 

Approving $101M, 40-year renewable energy contract w/ Hecate Energy

 As part of ongoing efforts to meet the City’s Carbon Neutral Plan requirements, as well as to comply with the recently adopted state Renewable Portfolio Standard (RPS) mandate of providing at least 50% of sales from qualifying renewable resources by 2030, staff issued a request for proposals (RFP) for renewable resources in the spring of 2015 and evaluated the proposals based on price, value, viability and compatibility with the City’s needs. Under this RFP, staff sought projects that would begin delivering energy to Palo Alto in 2021, which is when one of the City’s older wind energy contracts will expire. After thorough review, staff concluded that the Wilsona solar photovoltaic (PV) project proposal had the best total score.

 

Where: Palo Alto City Council

When:  March 21, 2016, 7:55pm

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/51484

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/51512

 

Reducing contract rate for solar and non-solar renewable energy resources through CLEAN Program

In 2012, the Council adopted the Palo Alto CLEAN program to address the Long-term Electric Acquisition Plan (LEAP) objective to enhance supply reliability through the pursuit of local generation opportunities, and to complement the City of Palo Alto Utilities’ (CPAU’s) existing PV Partners solar rebate program. Palo Alto CLEAN created an additional alternative for property owners by enabling them to build a new solar system on their property and sell the energy to CPAU under a long-term, fixed-rate, standardized contract rather than us the energy on site. In 2015, the City expanded the program to include non-solar eligible renewable energy resources.

The Finance Committee recommends reducing the contract price for future local solar project application given that the avoided costs of local solar resources have continued to decline. The Finance Committee is recommending that City Council take the following actions:

  1. Adopt a resolution to
    1. Continue the Palo Alto CLEAN Program for solar energy resources, reducing the contract price from 16.5 cents per kilowatt-hour (¢/kWh) to a contract price to equal to the avoided cost of solar energy resources of 8.9¢/kWh for a 20-year contract, and 9.0¢/kWh for a 25-year contract term, and to continue with a CLEAN Program limit for solar energy resources of 3 megawatts
    2. Reduce the Palo Alto CLEAN program price for local non-solar eligible renewable energy resources to the updated avoided cost of such energy (8.1¢/kWh for a 20-year contract term, or 8.2¢/kWh for a 25-year contract term), from the prior avoided cost projection (9.3¢/kWh for a 20-year contract term, or 9.4¢/kWh for a 25-year contract term), and continue with a separate program limit of 3 MW specifically for local non-solar eligible renewable resources; and
  2. Approve the CLEAN program Power Purchase Agreement to implement the recommended changes

 

Where: Palo Alto City Council

When:  March 21, 2016, 7:55pm

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/51483

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/51512

 

City of Mountain View

 Establishing new Rental Housing Dispute Resolution Program

Council will have a public hearing, discussion, and take action regarding a proposed rental housing dispute resolution program.

Scope of the Program:

  • Rental Units: disputes involving a dwelling unit located in a structure containing three or more dwelling units would be covered by the RHDRP.
  • Disputes subject to arbitration:
  • Disputes subject to conciliation and mediation:
    • 30- and 60-day Notices to Vacate
    • Security deposits: if a tenant’s returned security deposit is deducted by more than $125, receipts and other documentation must be attached. Mediation provides an opportunity to resolve disputes in cases where the procedure was not followed in accordance with state law or when parties disagree about certain deductions.
    • Repairs and maintenance
    • Termination of a lease by a tenant prior to the end of the least term

Administration of the Program:

Staff is recommending the City contract with Project Sentinel, who currently administers the City’s voluntary mediation program, to administer the RHDRP. Preliminary costs to administer the program is an estimated $110,000 annually in addition the budget for the volunteer mediation program.

Next steps:

If Council decides to adopt the RHDRP, it will need to confirm the scope of the program and the dispute resolution phases. In addition, the Council must determine the rent increase threshold and effective date of the RHDRP ordinance. To implement the RHDRP, staff seeks direction regarding administration of the program, the adoption of an RHDRP fee, and an appropriation to initiate implementation of the program. Adoption of a Rental Housing Dispute Resolution Program, Council could also decide to adopt an urgency ordinance to regulate the rents for rental units until the RHDRP is implemented. Finally, staff proposes some clarifying amendments to the Right-to-Lease Ordinance.

 

Where: Mountain View City Council

When:  March 15, 2016, 6:30pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=2601343&GUID=51B4B0B9-745F-4855-9A24-E3AA0EDF8435

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=452503&GUID=C62F8A16-BD67-436E-A2AC-215B3F022485

 

Santa Clara Valley Water District

 Approving employment agreement with Norma Camacho as Interim CEO

At the meeting on March 8, 2016, the Board of Directors appointed Norma Camacho as Interim CEO, and authorized the Board Chair to execute an Employment Agreement, effective March 9, 2016, outlining the terms of compensation and benefits.

The Interim CEO’s compensation will total $262,727.28.

 

Where:    Santa Clara Valley Water District Board of Directors

When:  March 22, 2016, 6:00p

Link to item: http://scvwd.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=1920

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=456058&GUID=63F958E8-41EA-4677-BC6D-41EEFFA6C9D5

 

Emergency opposition to MOA with SF Bay Restoration Authority due to PLA requirements

On December 22, 2015 the Board of Directors authorized the CEO to negotiate and execute a Memorandum of Agreement (MOA) with the San Francisco Bay Restoration Authority to provide operating funds towards the Authority’s costs to fund activities that will directly benefit flood protection, watershed restoration and other related efforts in Santa Clara County, in addition to funding the remaining local share of the South San Francisco Bay Shoreline Project.

While MOA negotiations were still pending, on Tuesday, February 23, 2016, staff was surprised to learn that Authority staff had placed on the Authority Governing Board’s agenda a draft Resolution, known as Resolution 12, which would require all grantees receiving Authority funds to enter into Project Labor Agreements (PLAs) for all construction projects exceeding $100,000.  Resolution 12 also includes language that appears to provide for exemptions from this requirement, but the language is very vague and ambiguous, and therefore did not provide certainty about grantees’ ability to actually secure an exemption from the Authority board.

Staff believes that the mandatory PLA requirement imposed by Resolution 12 on all recipients of Authority funding constitutes a material change in the terms of the draft Memorandum of Agreement between the District and the Authority that the Board of Directors considered and approved on December 22, 2015.  Consequently, staff believes that this policy-level issue requires the Board of Directors’ reconsideration of the draft Memorandum of Agreement. The rationale for the emergency opposition was based on 3 factors:

  • Resolution 12 would require the District to enter into a PLA for the Shoreline Project, and other projects, and would negatively impact the District’s ability to obtain funding from other entities at the federal and state levels that may not fund projects with PLAs.
  • Requiring the District to enter into PLAs as a condition of receiving Authority funding under Measure AA for these projects fundamentally removes the authority of each agencies’ governing bodies to make that decision themselves, effectively removing their local control over their own projects.
  • The current draft of Resolution 12 includes a provision that appears to provide the possibility of a very narrow exemption to grantees from the PLA requirement, only if a PLA is unachievable despite “all reasonable efforts” to secure one, and only if the Governing Board takes additional action to grant the exemption.

 

Where:    Santa Clara Valley Water District Board of Directors

When:  March 15, 2016, 12:30p

Link to item: http://scvwd.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=1888

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=462504&GUID=56FCD132-68C0-4ACB-BD24-E48646D0EE62

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