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

County of Santa Clara

 Adopting policy for Community Workforce Agreements on public works 

In its February 23, 2016 meeting, the Board directed Administration to require the consideration of a Project Labor Agreement for all public works contracts over $2,000,000 and to include a hiring program that (1) targets employment for current and past County clients, including but not limited to clients of Social Services, Reentry, and Foster Care, (2) to not include targeted hiring if prohibited by federal or state law or would jeopardize federal or state funding; and (3) provide that the Office of the County Executive may recommend individual exemptions to considerations/use of a PLA.

Administration and representatives from Santa Clara & San Benito Counties Building & Construction Trades Council (SBTC) are currently working on a PLA template that includes a targeted hiring component for the Board’s review and approval upon completion.  Such template will expedite and streamline future PLA negotiations.

In response to the Board’s direction, Administration is providing draft amendments to Board of Supervisors’ Policy Manual section 5.7.5.4 relating to Project Labor Agreement (PLA) that lowers the PLA cost threshold to two million dollars ($2,000,000) and adds section 5.7.5.4.C relating to a Targeted Hiring Program that targets past and current clients of the County of Santa Clara Social Services Agency including but not limited to the Foster Care Program and the County’s Reentry Program.

Where: Santa Clara County Board of Supervisors

When: April 12, 2016, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7189&MediaPosition=&ID=80675&CssClass=http://sanjose.granicus.com/MetaViewer.php?meta_id=565337

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7189

 

Analysis of possible uses for the excess Educational Revenue Augmentation Fund (ERAF) contributions

During the February, 23, 2016 meeting of the Board of Supervisors, at the request of Vice President Simitian and President Cortese, the Board directed Administration to develop a draft policy for consideration by the Board for incorporation into Fiscal Year 2016-2017 Recommended Budget to further reduce the unfunded liability in the Retiree Health program by allocating, on an ongoing basis, 50 percent of any one-time Excess ERAF funds received until the net liability is retired.

At the same Board meeting, at the request of Supervisor Chavez, after the Board discussed different potential paths for investing future Excess ERAF proceeds, the Board directed Administration to provide an analysis of estimated Excess ERAF amounts and the opportunity costs of using any Excess ERAF amount for various purposes. Administration agreed to provide the requested information first and return at a later date with a recommendation on how to proceed.

Where: Santa Clara County Board of Supervisors

When: April 12, 2016, 9 am

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=565337 http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7189&MediaPosition=&ID=80314&CssClass=

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7189

 

Receive report from the Facilities and Fleet Department (FAF) relating to ride share vendors and sharing vehicles with other agencies

At the FGOC meeting on January 22, 2016, Supervisor Chavez requested a report back on ride share vendor options, and whether the County could share vehicles with other agencies.

Starting this year, 511 will be eliminating employer outreach and consulting services. The 511 online ridematching service will still continue until MTC determines private sector phone-based carpool application from the RFP mentioned above.

FAF will continue to review options to decrease the size of the County fleet while providing efficient transportation solutions to conduct County business. The Administration will continue to consider car sharing as the Civic Center planning progresses. In the meantime, FAF’s preference is to proceed with a study that holistically examines parking and commuting for County employees. This study would consider solutions such as those described in the report.

Where:  Santa Clara County Finance & Government Operations Committee

When: April 14, 2016, 3pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7332&MediaPosition=&ID=80714&CssClass=

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7332

 

 City of San Jose

Recommending changes to current rent control ordinance, including tying rent increases to CPI and an anti-retaliation policy

Council will take the following actions regarding modifications to the Apartment Rent Ordinance (ARO):

  1. Accept staff’s report and general recommendations
  2. Direct staff to return with an ordinance amending the City’s Apartment Rent Ordinance (ARO), including the following changes:
    1. Replace the annual 8% allowable rent increase with an annual allowable increase of 100% of the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers (CPI-U), with a 2% floor and 8% ceiling for annual increase, and allowing banking
    2. Eliminate the existing debt-service pass-through provision
    3. Replace the existing capital improvement pass-through provisions with a fair return petition process based on a maintenance of net operating income fair return standard
    4. Add a limited capital improvement incentive program
    5. Include a provision to address historically low rents
    6. Add a rent registry to facilitate the monitoring and enforcement of the ARO
  3. Direct staff to return with an Anti-Retaliation & Protection Ordinance:
    1. Develop a voluntary mediation program to address landlord/tenant and tenant/tenant disputes
  4. Direct staff to return with an Ellis Act ordinance to address the process to be followed for owners of ARO apartments subject to the ARO seeking to remove their building from the rental business
  5. Direct staff to review the City’s demolition provisions in the zoning code and to coordinate with PBCE as needed regarding updating those provisions in order to address the demolition of ARO apartments
  6. Direct staff to review the City’s condominium conversion provisions in Chapter 20.170 to and coordinate with PBCE as needed regarding updating those provisions in order to address the conversion of ARO apartments
  7. Direct staff to return with an urgency ordinance that provides a temporary pause in annual rent increases for ARO apartments
  8. Direct staff to return with a plan to increase staffing to sufficiently administer, monitor, and enforce requirements of ARO

 Where:  San Jose City Council

When:  April 19, 2016, 1:30pm

Link to item: N/A

Link to agenda:  http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=638476f5-a9a7-40df-b02e-fd2597215e7d

 

Weighing proposal by Airport West developers to build larger soccer complex on their site, w/ support from the Earthquakes

Original Item: On December 18, 2015, staff recommended that Council approve a construction contract and the necessary budget actions to allow for the construction of the Coleman Soccer Field Complex, which includes four artificial turf soccer fields with night use lighting and amenities; a concession building, restroom and changing room building, shade structure, 63-car parking lot, frontage road improvements, irrigation and planting, fencing, and utility connections. This project is funded by the San Jose Safe Neighborhood Parks and Recreation Bond. The Project bids were opened on October 15, 2015, and staff recommended awarding to the low bidder, Robert A. Bothman.

Staff was approached by the development partners on the Airport West site regarding an alternate proposal that would result in shifting this soccer field project over to the Guadalupe River Park & Gardens. This proposal would create additional parking at the Airport West site as opposed to soccer fields and it could result in a larger sports complex at the GRP site.  The recommended budget action was to increase the budget for the Coleman Soccer Complex by $5,818,000, for a total of $6,959,000 in project costs.

Council will now vote to either:

  1. Award the project at the Airport West Site to Robert A. Bothman Construction as set forth in the Council memorandum of December 18, 2015, or
  2. Deny the award and request that staff continue discussions with Capital Airport Partners and the Guadalupe River Park Conservancy to potentially place a large soccer complex within the Guadalupe Gardens.

Where:  San Jose City Council

When:  April 19, 2016, 1:30pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2132&meta_id=567574

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2132&meta_id=567576

Link to Memo from Mayor Liccardo, CMs Peralez, Oliverio, Carrasco and Rocha: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2132&meta_id=567578

Link to agenda:  http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=638476f5-a9a7-40df-b02e-fd2597215e7d

 

Amendment to the City Council Policy for Surplus Property Related to Affordable Housing – DEFERRED

Deferred to 4/26/16 per Administration. Council will adopt a resolution approving a City Council Policy for disposing of surplus property that includes provisions relating to affordable housing.

Where:  San Jose City Council

When:  April 14, 2016, 1:30pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2131&meta_id=567678

Link to agenda:  http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=2174e641-5f42-444b-b632-8252496baaac

 

Approving addition of Local Hiring/Local Business/Apprentice Utilization to Community and Economic Development Committee Workplan

The Public Works Department requested to add to the May 23, 2016 CED Committee a report on Council Priority #2. The purpose of the report is to provide the CED Committee the opportunity for input and direction to staff on the potential establishment of a local hiring/local business/apprentice program.

The Community and Economic Development Committee will provide a report regarding the potential establishment of a local hiring/local business/apprentice program in the City of San Jose.

The Rules Committee will approve an addition to the Fiscal Year 2015-2016 Workplan for the May 23, 2016 CED Committee meeting as indicated below:

Report on Council Priority #3 – Local Hiring/Local Business/Apprentice Utilization

 Where:  San Jose Rules and Open Government Committee

When:  April 13, 2016, 2pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=567652

Link to agenda:  http://sanjoseca.gov/DocumentCenter/View/55634

 

Amendments to Proposed Apartment Rent Ordinance Modifications: 1) Historically Low Rents Provision; and 2) Voluntary Mediation Program

The Commission is recommending that City Council approve the Housing Department’s recommendation to:

  • Include a provision in the Apartment Rent Ordinance to address historically low rents
  • Develop a voluntary mediation program to address landlord/tenant and tenant/tenant disputes

Where:  San Jose Housing Commission

When:  April 14, 2016, 6:40p

Link to item: N/A

Link to agenda:  http://sanjoseca.gov/DocumentCenter/View/55627

 

Amending prevailing wage enforcement mechanisms for late payroll submissions

At the April 28, 2015 Rules and Open Government Committee meeting, Ford Road Family Housing, L.P. (“Developer”) requested a refund in the amount of $226,500 (full amount paid was $231,750) for liquidated damages it paid for the late submission of payroll records on the Ford Road Family Housing Phase II project, which was completed in late 2014.

After considering various policy options, staff is proposing that Council adopt the following resolutions:

  • Amend the current prevailing wage enforcement mechanism for late submission of certified payroll records on City’s Housing projects to assess liquidated damages in the amount of $250 per day provided that the liquidated damages assessed do not exceed the total contract amount of the developer’s, general contractor’s or subcontractor’s contract who failed to submit timely certified payroll records, and provided further there was no actual wage violation discovered in the late records and the late records were submitted to the City within one year from when they were due;
  • Applying the amended prevailing wage enforcement mechanism for late submission of certified payroll records to all City’s Housing project contract entered into on or after January 1, 2013;
  • Authorizing City staff to refund, subject to the appropriation of funds, the difference in the amount of liquidated damages between the prior enforcement mechanism without a cap and the amended enforcement mechanism with a cap for all City’s Housing project contracts entered into on or after January 1, 2013 where full payment of liquidated damages was made to the City within one year from when they were due.

Council will also adopt the following 2015-2016 Appropriation Ordinance amendments in the Low and Moderate Income Housing Asset Fund:

  • Increase the appropriation to the Housing Department for Loan Management in the amount of $100,680
  • Decrease the Unrestricted Ending Fund Balance appropriation in the amount of $100,680

Where:  San Jose City Council

When:  April 19, 2016, 1:30pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2132&meta_id=567562

City of Sunnyvale

Introduce an Ordinance Amending Section 3.80.040 of the Sunnyvale Municipal Code to increase the City’s Minimum Wage to $15 by 2018

 Introducing an ordinance to increase the Sunnyvale minimum wage to $15/hour by 2018, a faster timeline than the statewide minimum wage increase to $15/hour by 2022.

The timeline for Sunnyvale’s implementation is as follows:

  • A minimum of $11.00 per hour be paid by employers beginning July 1, 2016
  • A minimum of $13.00 per hour be paid by employers beginning January 1, 2017
  • A minimum of $15.00 per hour be paid by employers beginning January 1, 2018
  • Starting January 1, 2019, calculate future adjustments based onUrban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose for All Items

Where:    Sunnyvale City Council

When:  April 12, 2016, 6:00p

Link to item: http://sunnyvaleca.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=4422

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=469513&GUID=427BA575-8D93-4B13-BC64-1298759EB58E

 

Councilmember Whittum resigns

Councilmember Dave Whittum submitted his resignation letter to the City on Monday, April 4, 2016, effective that same day, citing work-life balance reasons. Per Section 604 of the City Charter, the City Council has 30 days to declare the seat vacant and call a special election. The Santa Clara County Registrar of Voters estimates their fee to the City to conduct the special election as $772,000.

City staff are currently researching the options available to meet the charter requirements and will prepare a report for the City Council to consider at one of their meetings within the 30 day period.

Where: Sunnyvale City Council

When: n/a

Link to news release: http://sunnyvale.ca.gov/Portals/0/Sunnyvale/news_releases/2016/NR040116_WhittumResignation.pdf

 

Appointing a Councilmember to VTA’s El Camino Real PAB

On March 29, 2016, Councilmember Whittum submitted his resignation as the City appointee to the Valley Transportation Authority (VTA) Board of Directors and the El Camino Real Rapid Transit Policy Advisory Board. In response, on April 5, 2016, the Council appointed Mayor Hendricks to serve out the rest of the 2016-2017 term as a Director representing the City as part of the North East Cities Grouping.

This report presents an opportunity for Council to make an appointment to the El Camino Real Rapid Transit Policy Advisory Board. Before resigning, Councilmember Whittum served as the voting Member; with Councilmember Davis serving as the Alternate. Staff recommends that Council fill this vacancy; however, makes no recommendation on whom to appoint.

Where:    Sunnyvale City Council

When:  April 12, 2016, 6:00p

Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=2684758&GUID=87A52F85-95C2-4CFB-9FB7-45779117A014

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=469513&GUID=427BA575-8D93-4B13-BC64-1298759EB58E

 

Update on City Position as Part of Envision Silicon Valley and the Proposed 2016 Transportation Ballot Measure (Information Only)

Staff participates on a monthly basis in the Valley Transportation Authority (VTA) Technical Advisory Committee (TAC). As part of the TAC, staff has met over the last few months to discuss the proposed ballot measure. Based on previous discussions with Council, staff has advocated for funding and categories that align with City priorities. At this time the following draft TAC proposal has been developed:

Category Allocation (in Millions)
BART* $1,400
Local Streets** $1,200
Core Transit*** $300
Congestion Relief (Highway 85)**** $400
Active Transportation $350
Caltrain $900
Highways $700
Expressways $750
Total $6,000

 

Where:    Sunnyvale City Council

When:  April 12, 2016, 6:00p

Link to item:  http://sunnyvaleca.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=4630

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=469513&GUID=427BA575-8D93-4B13-BC64-1298759EB58E

 

City of Palo Alto

 Mayor Burt comment letter criticizing CA High-Speed Rail Authority’s Draft 2016 Business Plan

On February 18, 2016 the California High-Speed Rail Authority (CHSRA) released their Draft 2016 Business Plan. Mayor Burt asked, in a letter on behalf of the City Council, that CHSRA address 6 key themes in greater detail in the Plan:

  1. The impact of high speed rail (HSR) service on Caltrain service;
  2. Shared use corridor operational conflicts under the Blended System;
  3. Inadequate planning and funding for the 42 at-grade crossings between San Francisco and San Jose;
  4. Unsecured Caltrain electrification funding;
  5. The role of Context Sensitive Solutions; and
  6. The general lack of detail for the San Francisco to San Jose segment.

 

Where:    Palo Alto City Council

When:  April 11, 2016, 6:00p

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/51747

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/51754

 

San Jose Evergreen Community College District

 Approving resolution in support of Renters Rights

Recommend that the board approve resolution No. 041216-4 in support of Renter’s Rights & Rent Stabilization. The Board of Legislative Committee voted for a full board “support” position on final resolution that supports sensible rent stabilization and transparent eviction process to the San Jose city Council advance by the Renters Rights Coalition of the Silicon Valley and that Trustees urge other local districts with high enrollment of San Jose students to also endorse, support, and advocate for this resolution.

Where: San Jose/Evergreen Community College District

When: Tuesday, April 12, 2016, 4:30PM

Link to item: http://www.boarddocs.com/ca/sjeccd/Board.nsf/goto?open&id=A8S2940109FD

Link to agenda: http://www.boarddocs.com/ca/sjeccd/Board.nsf/Public#tab-meetings

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