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

County of Santa Clara

Approving Master Development Agreement with Lowe for master plan & entitlements/CEQA review for redevelopment of 55-acre Civic Center site

 This is the next step in the redevelopment of the 55-acre County-owned Civic Center site in north San Jose.

Pursuant to the terms of the Predevelopment Facilities Agreement with Lowe Enterprises, approved by the Board on February 4, 2014, as amended, Administration has negotiated the proposed Master Development Agreement (MDA) for preparation of a Master Plan and the potential subsequent development of public, residential, commercial, industrial and/or cultural uses, at the Civic Center site.

The proposed MDA lays out a roadmap for preparation of a Civic Center Master Plan and laying the groundwork for subsequent development. This is significant because it represents preparation of a comprehensive plan that would be implemented over the next decade to replace/renovate aging capital facilities at the Civic Center. At this point the County would only be committing to completion of Phases A and B.

The MDA also includes the commitment that Lowe would be the developer of the first $150 million of new County buildings during the next 7 to 10 years, depending on how long it takes to complete CEQA and the Master Plan.

Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=80721&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Supervisors Simitian and Cortese referral to conduct an Asian American Health Assessment

Building on the success of the 2011 Vietnamese health assessment, we now propose a broad-based assessment of the major Asian subgroups. It is our hope that the County and our community-based partners will use the data compiled by this assessment to determine the high priority health issues facing our Asian residents and optimize services in response.

This assessment seeks to highlight physical and mental health issues of the major Asian adult populations. Priority issues of interest include the following:

–         Access to healthcare, mental health, nutrition, obesity, physical activity, substance use, tobacco use, and violence.

–         Chronic diseases such as asthma, high blood pressure, diabetes, heart disease, cancer, hepatitis B, tuberculosis, arthritis, chronic obstructive pulmonary disease, Alzheimer’s, dementia, osteoporosis, depression, and stroke.

–         A profile of adults that are home-bound.

 Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=80923&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Report on options for allocation est. $3 to $6 million in future Excess ERAF funds

During the April 12, 2016 meeting of the Board of Supervisors, the Board directed Administration to develop a draft policy for consideration by the Board of Supervisors on May 10, 2016 to further reduce the unfunded liability in the Retiree Health program by allocating, on an ongoing basis, 50 percent of any future one-time Excess ERAF revenue, until the net liability is retired. 9the current estimate for future Excess ERAF funds is $6 million.)

Draft Board Policy language for Board of Supervisor’s consideration:

4.1.2 Excess ERAF – Reduction of Retiree Health Program Unfunded Liability

“The Board of Supervisors directs 50% of any one-time property tax receipts allocated after July 1, 2016 and determined by the Santa Clara County Controller-Treasurer to be Excess Education Revenue Augmentation (ERAF) allocations, to be used towards reducing the existing unfunded actuarial liability for the Retiree Health Program.”

The Administration does not recommend the Board adopt the draft policy language included above.  The next few years will present increased financial challenges as there are already signs of a slowing economy.  Although in FY 2017 we will be able to recommend an unprecedented level of investment in our infrastructure through the capital budget, there are three projects where only programming and design are funded and construction costs still need to be allocated.  These projects include:

  • Outpatient Surgicenter on the VMC Campus – $75 million to $80 million in construction costs.
  • 2410 Senter Road – Vietnamese Service Center – $40 million to $50 million in construction costs.
  • Receiving and Intake Center at the East Valley Clinic Site – $15 million to $20 million in construction costs.

It is important to recognize that the Administration is recommending the allocation of current excess ERAF toward the elimination of the unfunded liability in the workers compensation fund because, among other reasons, it will result in the greatest immediate savings that we are aware of.  The Workers Compensation Fund has accrued a substantial liability as a result of underfunding of the program during the years of budget cuts.

The current plan was to eliminate the liability by allocating an additional $7 million per year over the next five years.  By eliminating that liability with the allocation of excess ERAF funds, that funding requirement will be eliminated, and we will restore a reasonable rate for this self-insured workers program.

Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=81129&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Approving $357K to work2future for Summer Youth Employment Program; RFP for year-round youth jobs program planned for August 

 The recommended actions are to continue the Youth Summer Jobs Initiate Pilot Program from June 1, 2016 through September 30, 2016 under the program name of the Santa Clara County Summer Youth Employment Program (SCCSYEP). The SCCSYEP aims to provide job-training skills to vulnerable youth during the summer months and to promote a balanced and productive life experience. The SCCSYEP will target 100 Santa Clara County Foster Care youth (with any slots unclaimed to be dedicated to youth in families who are receiving CalFresh benefits) through a five-week training and job skills program, providing 20 hours of work experience each week at $15 an hour with additional resources such as transit passes.

The proposed agreement would add $356,846 from the General Fund to support the program through summer 2016. Upon execution of the agreement with City of San Jose – Work2Future, the Social Services Agency (SSA) will assume contract administration over the program.

Concurrent to the implementation of the SCCSYEP, the SSA will develop recommendations for scope and budget to inform a Request for Proposals (RFP) for an on-going (year-round) youth employment program.  It is anticipated that the program design concept for the RFP will be presented to CSFC in August 2016 for recommendation to the full Board of Supervisors thereafter.  It is anticipated that the solicitation process could be initiated by late August 2016, with negotiations between December 2016 and February 2017. This timeline would allow for contract execution in March 2017.

Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=81126&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Ending advertising contract for for-profit bail bond services in County Jails

Since 1999, the Department of Correction (DOC) has contracted with Partners for Safer America, which recently changed its name to Jail Advertising Network, to provide advertising in County jail facilities for commercial bail bond agents and criminal defense attorneys who pay an advertising fee.  Under the existing agreement, Partners for a Safer America/Jail Advertising Network provides the County with printed advertising boards identifying up to 76 bail bond agent and criminal defense attorney services for installation in County jail facilities.

When the Bail and Release Work Group (BRWG) presents its policy recommendations regarding to the Board of Supervisors in June 2016, it will provide a wealth of research showing that money bail – and in particular for-profit bail bond agencies – undermines fairness and public safety in the administration of pretrial justice.  In a system that relies heavily on money bail rather than alternatives like pretrial supervision, many individuals who have been arrested for suspected criminal offenses remain in jail pending trial – before they have been proven guilty – mainly because they are poor, not because they pose a high risk to public safety or to the integrity of the court process.

The BRWG will be recommending that the Board of Supervisors approve a number of policy proposals aimed at reducing reliance on money bail and for-profit bail bond agencies in favor of alternatives

DOC’s current agreement with Partners for a Safer America/Jail Advertising Network expires on June 30, 2016.

Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=81098&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Approving new rate for IHSS Public Authority; average cost to decrease due to greater economy of scale

The Twenty-Third Amendment decreases the estimated Public Authority (PA) hourly rate from $18.28 to $17.84, effective June 1, 2016. The PA hourly rate is calculated using a formula that distributes costs among the number of IHSS provider hours. This amendment is necessary due to an increase in In-Home Supportive Services Program (IHSS) provider health benefit costs (VHP and Liberty Dental) being implemented in FY 16-17, however because the number of provider hours (divisor) has been drastically increasing the PA rate reflects a decrease from $18.28 to $17.84.

Per the new rate sheet, hourly wages for IHSS provides are $13.00/hr, plus $1.12/hr payroll taxes, $3.46/hr health benefits, and $0.19/hr non-health benefits, totaling $17.77/hr total compensation. Admin costs add $0.07/hr for a total average hourly cost of $17.84.

Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=80599&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Approving RFSQ for a Construction Manager At Rick for Valley Med ED expansion project

Recommended actions:

  1. Authorize advertisement of a Request for Statement of Qualifications and Proposals (RFP) for Construction Manager at Risk services for the SCVMC Emergency Department Expansion project.
  2. Authorize Director of Facilities, Santa Clara Valley Health and Hospital System (SCVHHS), or designee, to issue addenda as necessary to the RFP and the contract documents.
  3. Authorize Director of Facilities, SCVHHS, to be the Owner’s Authorized Representative to appoint a Facilities Review Panel to determine the bidders providing the best value to the County based on the procedures established in the RFP, and to conduct interviews if necessary.

The recently approved Public Contract Code section 20146 also permits counties to utilize the Construction Manager at Risk (CMR) contracting method for construction contracts.  This method is a competitive selection process where general contractor bidders are prequalified and one is ultimately selected to perform both the preconstruction services normally provided by a construction manager and the construction services traditionally provided by a general contractor.  The benefit in this method is that the same entity providing cost estimates, constructability reviews and phasing/scheduling input in the design of the project is also responsible for actually building the project within the estimated budget and schedule timeframe.

Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=78241&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Appointing Paul Lorenz to serve on new Local Governing Boards for O’Connor & St. Louise Hospitals, per conditions of Blue Mountain purchase

On December 14, 2015, pursuant to its authority under California Corporations Code, the California Office of the Attorney General (OAG) conditionally approved the System Restructuring and Support Agreement (Agreement) between Daughters of Charity Ministry Services Corporation and Daughters of Charity Health System (collectively, Daughters of Charity); Certain Funds Managed by Blue Mountain Capital Management, LLC (Blue Mountain); and Integrity Healthcare, LLC. In essence, the Agreement would allow Blue Mountain to control six Daughters of Charity hospitals, including O’Connor (OCH) and St Louise (SLRH) Hospitals. Blue Mountain owns and runs the management company that oversees Verity Health System, of which the six hospitals are now part.

The OAG imposed numerous conditions on the Agreement. One of these conditions was that for ten years from the closing date of the Agreement, OCH and SLRH each must establish and maintain a Local Governing Board of Directors (LGB).

OCH and SLRH have requested the Board’s designee. As the Chief Executive Officer of SCVMC, Mr. Lorenz is willing to serve, and is an appropriate choice to represent the interests of the County and its constituents as the Board appointee to the OCH and SLRH LGBs.

Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=80995&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Bids for two new Job Order Contracts, up to $4.55M each, to open July 7 

Authorize Director, Facilities and Fleet Department, to issue a Prequalification Package for contractors seeking to bid on two County of Santa Clara Job Order Contracts JOC-FAF-2016-01 and JOC-FAF-2016-02.

Each new contract would have a minimum contract value of $50,000 and a maximum contract value of $4,550,000, Open bids on Thursday, July 7, 2016, at 2:00 p.m.

Where:  Santa Clara County Board of Supervisors

When: May 10, 2016, 9 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7191&MediaPosition=&ID=80848&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7191

Considering recommendations from the Blue Ribbon Commission on Improving Custody Operations

At the April 12, 2016 Board of Supervisors Meeting (Item No. 10), the Board received the attached report with the recommendations of the Blue Ribbon Commission on Improving Custody Operations.

At the request of Supervisor Chavez, the Board directed Administration to move discussion and implementation of the Blue Ribbon Commission’s recommendations to the Finance and Government Operations Committee.

The attached report outlines the 176 recommendations the Blue Ribbon Commission on Improving Custody Operations submitted to the Board. The recommendations are spread across the following categories:

  • Inmate Welfare Fund
  • Inmate Grievance and Complaint Process
  • Correctional Officers’ Discipline System
  • Non-Scope

Given the number and breadth of the recommendations, this item is intended to allow the Committee to establish a process and schedule for consideration of the recommendations.

Where:  Santa Clara County Finance & Government Operations Committee

When: May 12, 2016, 2 pm

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7333&MediaPosition=&ID=81123&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7333

Options for partnering with a ride-sharing or rise-hailing service

At the Finance and Government Operations Committee meeting on April 14, 2016, Agenda Item No. 4, Supervisors Simitian and Chavez referred to the Administration to continue researching opportunities for implementation of an employee ridesharing program and sharing vehicles with other agencies.

During this April 14, 2016 meeting, representatives from the Metropolitan Transportation Commission (MTC), Lyft, Scoop, and Zimride presented their ridesharing services and expressed their willingness to collaborate with the County of Santa Clara. Carma and Ride Amigos provided letters to the same affect. Based on these presentations, it was determined that MTC’s 511 Rideshare already has a partnership program established to offer and promote ridesharing services through third party vendors.  This is a change from the RideMatch service offered by 511.org, where no third-party smartphone-based applications were used. Currently, MTC has contracts established with Scoop, Lyft, and Carma, but may expand the program to include additional vendors.

Options for the Board to consider include:

Alternative 1: Promote all MTC Vendors to County Employees

Alternative 2: Partnership with a Ridesharing Platform:

  1. Invest up to $5,000 to sponsor rideshare trips for 3-6 months
  2. Use funds to discount all Rider trips to $1 for employees
  3. Discount will show up in App as special pricing ($1) for employees
  4. Remit payment based upon monthly invoices for trips taken
  5. Receive regular reporting on impact and testimonials from employees
  6. County and selected vendor would make a decision on longer term subsidy based on impact

Where:  Santa Clara County Finance & Government Operations Committee

When: May 12, 2016, 2 pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7333&MediaPosition=&ID=81144&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7333

Update on residential PACE programs; no progress on contractor standards

There has been no change in status on either of the two main subjects referred to the Administration for further investigation from the February 11 Finance and Government Operations Committee meeting.

These two matters include the potential release of Federal Housing Administration (FHA) Residential PACE Guidance and the adoption of the proposed County Contractor Standards by Residential PACE administrators.

Recently, staff was approached by Ygrene, an additional provider of both Residential and Commercial PACE. YgreneWorks is sponsored by the Golden State Finance Authority (GSFA) and is independent of both the OpenPACE and HERO programs. Ultimately, YgreneWorks would operate functionally in the same manner as other PACE programs, with the same risks and limitations around lien priority. Currently, the cities of San Jose and Campbell are the only jurisdictions in Santa Clara County that have opted into YgreneWorks.

Where:  Santa Clara County Finance & Government Operations Committee

When: May 12, 2016, 2 pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7333&MediaPosition=&ID=81056&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7333

Progress report on countywide contracting reform

On February 28, 2012, the Board of Supervisors adopted a new Chapter 5 of the Board Policy Manual (Policies on Soliciting and Contracting). These revisions were the result of a multi-year process conducted by the Administration to streamline and improve the contracting process. The revised Chapter 5 provides a comprehensive set of policies related to the procurement process for both centralized and decentralized contracting. Since that time, the Finance and Government Operations Committee (FGOC or “Committee”) has been receiving semi-annual updates related to training and implementation of Chapter 5. This semi-annual report focuses on the current status of the Countywide Ariba Project, the status of the work by the Office of Countywide Contracting Management (OCCM), and multiple Board and Committee referrals regarding socio-economic policies in contracting.

Where:  Santa Clara County Finance & Government Operations Committee

When: May 12, 2016, 2 pm

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7333&MediaPosition=&ID=81147&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7333

City of San Jose

Measure B Settlement Discussions

With the denial of the motion, the Writ of Quo Warranto and the Judgment are now effective. The Writ and Judgment require the City to take the necessary steps to declare Resolution No. 76158 null and void due to a procedural defect, and to declare that the pension modification ballot measure known as Measure B was not properly before the voters in 2012 and its provisions are therefore invalid and stricken.

The recommendation is to direct City staff to take necessary steps to implement the Writ of Quo Warranto and Judgment in the San Jose Police Officers Associations Quo Warranto action.

Where: San Jose City Council

When:  May 10, 2016, 1:30 pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2135&meta_id=573016

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=8a078bfc-2fd7-4087-be41-324af6ba3a98

Council to vote on remaining renters’ rights issues, incl. Ellis Act evictions, demolitions & condo conversation  

(a) 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 (ARO apartments) seeking to remove their building from the rental business.

(b) 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.

(c) 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.

(d) 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: May 10, 2016, 1:30 pm – TO BE HEARD IMMEDIATELY BEFORE ITEM 4.5

Link to staff memo (Apr. 8): http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2135&meta_id=571483

Link to supplemental (Apr. 18): http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2135&meta_id=571493

Link to agenda:  http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=8a078bfc-2fd7-4087-be41-324af6ba3a98

Vietnamese American Community Center

Recommendation is to move forward as recommended by the Rules and Open Govt Cte meeting on May 4, 2016 to:

(a) Negotiate and execute new lease terms with the Office of Economic Development with the intent to share the space at the Shirakawa Community Center until June 30, 2018 as currently contemplated, and that may include future relocation(s) of the Work2Future program to other Re-Use sites in the City of San José;

(b) Approve the use of a portion of the Shirakawa Community Center for an interim Vietnamese American community center by October 2016;

(c) Identify additional funding required for the initial operations for the Vietnamese American Community Center;

(d) Begin a Request for Qualifications (RFQ) process similar to the current PRNS Re-Use RFQ process that solicits interest from community based organizations that are interested in collaboratively providing services at the Center;

(e) Conduct outreach to gather input on possible services and programs that the community would like to see at the Vietnamese American community center in parallel with the RFQ process;

(f) Approve and accept donations from various individuals, business or community groups to support the effort; and

(g) Develop a fundraising plan for improvements at the Lucretia Avenue location or for construction of a new center as part of the $300,000 identified in the Mayor’s March Budget Message.

Where:    San Jose City Council

When:  May 10, 2016, 1:30 pm – TO BE HEARD IMMEDIATELY AFTER CONSENT

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2135&meta_id=572995

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=8a078bfc-2fd7-4087-be41-324af6ba3a98

Interim ordinance to limit rent increases to 5% & set pass-through provisions

Recommendation: Amend Chapter 17.23 of Title 17 of the San José Municipal Code providing an interim reduction in annual rent increases to 5%, establish a deadline for cost pass-through petition filing under the current Apartment Rent Ordinance, and providing an interim fair return petition process, effective until January 1, 2017 or sixty days after the effective date of an Ordinance amending Chapter 17.23 consistent with Council direction, either by:

(a) Adopting an urgency ordinance adding Part 8 to Chapter 17.23 of Title 17 of the San José Municipal Code; or

(b) Approving an ordinance adding Part 8 to Chapter 17.23 of Title 17 of the San José Municipal Code.

The adoption of an Interim Apartment Rent Ordinance (Interim Ordinance) would provide temporary requirements that owners of apartments under the Apartment Rent Ordinance must follow. These interim provisions include an interim limit on rent increases to 5%, a deadline for filing and award of petitions, a fair return process, procedures and effective date, and the termination date of the interim ordinance. As part of this action, the City Council will determine if the Interim Ordinance is adopted either as (1) an urgency ordinance effective upon adoption or (2) a non-urgency ordinance, which would make it effective 30 days after the second reading.

Where:  San Jose City Council

When: May 10, 2016, 1:30 pm – TO BE HEARD LAST

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2135&meta_id=571646

Link to agenda:  http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=8a078bfc-2fd7-4087-be41-324af6ba3a98

Awarding $14M street resurfacing contract to MCK Services; rejecting bid protest by DeSilva Gates 

Report on bids and award of a construction contract for the 8083 – 2016 Arterial Resurfacing Project, to the low bidder, MCK Services, Inc. in the amount of $13,703,110.

The second-low bidder, DeSilva Gates Construction, is protesting MCK’s bid. DeSilva Gates alleges that MCK’s bid is not responsive because the “unit price” set forth in bid items 7, 8, 9, 41, 42, 43 and 44 of MCK’s schedule of quantities is ambiguous. DeSilva’s protest is without merit and should be rejected.

Approval of this construction contract will resurface and preserve approximately 28 miles of streets on the Priority Street Network and other major streets.

Where:  San Jose City Council

When: May 10, 2016, 1:30 pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2135&meta_id=571520

Link to agenda:  http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=8a078bfc-2fd7-4087-be41-324af6ba3a98

Ethics referral on campaign contribution period

Councilmember Charles “Chappie” Jones made a referral to the Ethics Commission to compare the rules of other cities to determine if additional changes are recommended regarding the length of the campaign contribution period for the City of San José. The members of the Commission have reviewed and compared the length of the campaign contribution periods for Los Angeles, San Francisco, San Diego and San José.

After review and discussion, the Commission recommends that the City of San José’s contribution period be extended to 180 days post-election for the sole purpose of retirement of debt, which includes payment of administrative costs and legal counsel fees. We do not recommend extending the pre-election contribution period, which is currently set at 180 days prior to the election.

Among the other cities reviewed, the minimum post-election contribution window was 180 days (San Diego). The maximum was no restriction on length of time, but contributions may only be used on particular expenses (San Francisco).

Where:    San Jose Ethics Commission

When:  May 11, 2016, 5:30 PM

Link to item:http://sanjoseca.gov/DocumentCenter/View/56432

Link to agenda: … https://www.sanjoseca.gov/DocumentCenter/View/56427

Housing Trust Fund budget

The Housing Trust Fund was established in part because virtually all other funding sources available for affordable housing programs specifically prohibit expenditures on homeless support. The Municipal Code specifies that the Director of Housing will administer the HTF Grants, contracts or other expenditures exceeding $100,000 need approval by the City Council.

Key HTF recommended budget items:

  • Community Plan to End Homelessness $100,000
    • Formally endorsed by City Council in February, this plan is a public/private partnership with the goal of ending homelessness in Santa Clara County.
  • Homeless and Housing Projects – $1,650,000
    • Support for Chronically Homeless in San Jose.
    • Essential Services for Unsheltered Populations
  • City Staffing and Overhead – $380.000.

Where: Housing and Community Development Commission

When:  May 12, 2016, 5:45 PM

Link to item: https://www.sanjoseca.gov/DocumentCenter/View/56459 (page 6)

Link to agenda: https://www.sanjoseca.gov/DocumentCenter/View/56459

Resolution Banning all Non-Essential Travel or Business with North Carolina and Mississippi in protest of Discriminatory State Bills

Staff are recommending that Council pass a resolution banning all non-essential travel and business with the states of North Carolina and Mississippi, in protest of two recent state bills that enable discrimination in public institutions based on sexual orientation and gender identity. This item is about directing the City Manager to bring a resolution for vote at a future Council meeting, TBD.

NOTE: Not included in staff memo, but HB2 in North Carolina is also an anti-labor law: It undermines the power of local jurisdictions to set minimum wages and set labor standards for publicly contracted employees. It also takes away the right of any employees working in the state of NC to sue their employers for discrimination.

Staff recommend that Council direct the City Manager to:

  • Bring a resolution to ban all non-essential travel and business with NC and MS;
  • Draft a measure for consideration by City Council prohibiting the use of City funds for travel to NC or MS for conventions, conferences, or other events;
  • Draft a measure for consideration by Council to refrain from entering into any new or amended City contracts to purchase goods or services from companies headquartered in NC or MI; and
  • Maintain these measures until discriminatory policies are overturned.

Where: San Jose City Council

When: May 17, 2016, 7:00pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2136&meta_id=572771

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=33becf6c-f4cd-4f7c-947b-4fba2e82cfc5

Proposed Scope, Workload, and Budget for new “Business Development Commission”

Staff is recommending that Council accept the staff report regarding scope, workload assessment, and budget for the potential establishment of a Business Development Commission (BDC). This body would be a reactivated and expanded version of a previous entity called the Small Business Development Commission (SBDC).

In a February 2, 2016 memo, Councilmembers Jones, Khamis, M. Nguyen, Kalra, and Rocha recommended the following to the Rules and Open Government (Rules) Committee:

  • Direct the City Manager to reactivate the Small Business Development Commission

(SBDC). The reactivation would include updating its mission, commissioner recruitment, and developing a Commission workplan.

  • Broaden the Commission’s scope to include medium-sized businesses.
  • Change the name to the Business Development Commission.
  • Include two slots for associations or organizations that represent small and medium-sized businesses.
  • Include targeted outreach to minorities and women to encourage them to apply to the commission.

In the staff report, staff propose that if established, the BDC would require an annual budget of $291,000 and the creation of a new position of “Small Business Lead” in the Office of Economic Development to staff the commission.

Where: San Jose City Council

When: May 17, 2016, 7:00pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2136&meta_id=572790

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=33becf6c-f4cd-4f7c-947b-4fba2e82cfc5

Authorizing Library to Implement Debt Forgiveness Programs To Expand Library Access

Staff are recommending that Council accept a report about reducing economic barriers to library access AND adopt a resolution authorizing the Library Director to implement one-time and ongoing programs to eliminate outstanding library debt if certain conditions are met, including:

(1) A one-month Return Books Amnesty for patrons who return lost and overdue items, to be implemented in 2016;

(2) Programs that allow patrons to have their Library cardholder debt reduced or eliminated when they replace “billed” items, volunteer on behalf of the Library, or participate in designated reading activities;

(3) A one-time per patron forgiveness of overdue fines for patrons who register for the 2016 Summer Reading Challenge.

This item is about authorizing the Library to implement these debt-reducing programs. These actions are also supported by the Neighborhood Services and Education Committee.

Where: San Jose City Council

When: May 17, 2016, 7:00pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2136&meta_id=572956

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=33becf6c-f4cd-4f7c-947b-4fba2e82cfc5

Approving the Purchase and Sale Agreement for 88 East San Fernando Street with MVP San Jose 88 Garage, LLC; bid from City of San Jose rejected

Staff are recommending that the Successor Agency Board approve the Purchase and Sale Agreement and Escrow Instructions for the sale of 88 East San Fernando Street to MVP San Jose 88 Garage, LLC, for a price of $3,575,000. If approved, close of escrow is anticipated for June 2016.

Approval of the recommendation will allow the Successor Agency to sell the 330 space public garage located at 88 East San Fernando Street (“88 Garage”). The net proceeds from the sale of the 88 Garage will be used to pay Successor Agency enforceable obligations. An Amended and Restated Parking Agreement requires the garage be operated as public parking for the life of the garage. The potential buyer is under no obligation to participate in the parking validation program in place with Safeway.

Where: San Jose City Council

When: May 17, 2016, 7:00pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2136&meta_id=573022

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=33becf6c-f4cd-4f7c-947b-4fba2e82cfc5

City of Santa Clara

Calling election for 4 Council seats, Chief of Police & City Clerk on Nov 8

Staff are recommending that Council adopt three Resolutions and one Notice of Election related to the November General Election. The Resolutions include:

1) calling and giving notice of the holding of a General Municipal Election to be held on November 8, 2016 for the election of municipal officers;

2) requesting that the Board of Supervisors of the County of Santa Clara consolidate the election with the Statewide General Election; and

3) adopting regulations for Candidate Statements of Qualifications and determining to levy a share of the costs of the Candidates’ Statements on the candidates. Authorization is also requested for the publication of the Notice of Election.

These resolutions are required under CA Elections Code. Staff estimate the costs of holding the election will be approximately $250,000, which is already included in the City Clerk’s FY 2016-2017 budget.

Where: Santa Clara City Council

When: May 10, 2016, 7:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=51642

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1755&doctype=AGENDA

City of Palo Alto

$1 million to the Palo Alto Unified School District in the event of City winning $5 million energy prize

Staff recommends that City Council approve the allocation of $1 million of the $5 million Georgetown University Energy Prize (GUEP) award funds to Palo Alto Unified School District (PAUSD), should the City of Palo Alto win the GUEP competition. Palo Alto is a semi-finalist—along with 50 other small- and medium-sized communities nationwide—in the Georgetown University Energy Prize (GUEP) competition. Participation in the GUEP competition was endorsed by City Council in a December 2013 City Council meeting. As of the end of September. Palo Alto was ranked 15 in the competition.

Where:    Palo Alto City Council

When:  May 9, 2016, 6:00 PM

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/52149

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/52192

Santa Clara Valley Water District

Approving District’s 5-Year CIP, including $1 billion in construction work 

The Board of Directors is being presented with a resolution to approve the Water District’s 2017-2021 Capital Improvement Program (CIP). The CIP is a multi-year plan describing capital investments planned for the next five fiscal years that are necessary to maintain and improve our water supply and flood protection infrastructure. This meeting is the last date for public comment as part of a continued public hearing on the item, and it will most likely be approved by vote.

Recommended action: Adopt a resolution approving the FY 2016-2021 Capital Improvement Program.

The CIP includes 65 projects with projected expenditures of approximately $1.991 billion during the next five years, including approximately $187 million in construction contracts in FY 2016-17, which are estimated to create or sustain between 1,870 and 3,740 jobs in the private sector.

The draft CIP was circulated to all 15 cities and the County of Santa Clara in February 2016.

Where: SCVWD Board of Directors

When: May 10, 2016, 5:00pm, District Headquarters Board Room, 5700 Almaden Expressway San Jose, CA 95050

Link to item: https://scvwd.legistar.com/LegislationDetail.aspx?ID=2706656&GUID=0F1CB7E6-8554-42C3-B36B-6FC0902FCF82

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=459787&GUID=990BC7C8-8851-489D-9FA1-C87E7AD681BF

Approval of FY 2016-2017 Operating and Capital Budget of $524,368,054, including 25 New FTEs

Staff are recommending that the Board adopt a Resolution approving the proposed Operating and Capital Budget for FY 2016-2017, totaling a net expenditure budget appropriation of $524,368,054 which comprises capital outlays of $240,718,019 and operating outlays of $351,674,867.

The staff materials included with this item show an increase in 25 positions from FY 2016 to FY 2017, which still represents a total decrease of 122 positions or 14% from FY 2008. These additional positions include 7 FTE related to General and Services ($1.4 million), 3 FTE related to Water Utility ($1.2 million), 9 FTE related to Watershed and Safe, Clean Water ($2.8 million), and 6 FTE related to Capital Improvement Programs – specifically rehabilitation, seismic retrofit, engineering and reliability improvements ($1.4 million).

The Board will hear public comment and make adjustments to budget, with a final approval deadline of June 30th, at which point a final budget document will be available on the District’s website.

Where: SCVWD Board of Directors

When: May 10, 2016, 5:00pm, District Headquarters Board Room, 5700 Almaden Expressway San Jose, CA 95050

Link to item: http://scvwd.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=2043

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=459787&GUID=990BC7C8-8851-489D-9FA1-C87E7AD681BF

Authorizing and Advertising for Bids for $2.5M Dobern Bridge project

Staff are recommending that the Board approve a project for bid, which will raise and replace an existing pedestrian bridge at Dobern Avenue, as part of a larger ongoing “Lower Silver Creek (LSC) Flood Protection Project.” The Dobern Bridge Crossing project will enable three other construction contracts to move forward in the area.

Recommended actions include:

  • Adopt plans and specifications,
  • Authorize advertisement for construction bids for Project, and
  • Authorize the Designated Engineer to issue addenda during bidding.

The next Board action is award of construction contract, tentatively scheduled for June 14, 2016.

Bid information

The “Lower Silver Creek (LSC) Flood Protection and Creek Restoration Project at Dobern Bridge Crossing” scope includes: removal and replacement of existing pedestrian bridge by Lower Silver Creek Reach 4, installation of new ADA compatible ramps, construction of 300 feet of floodwall, slope protection, a new maintenance road, and a retaining wall for a future trail. Contract time is 179 calendar days, with all work completed by December 30, 2016. Estimated construction contract cost for Project is between $2 million and $2.5 million, with an estimated 50-100 new jobs created. Workers on this Project must be paid a prevailing wage as determined by the State of California Department of Industrial Relations.

Bids must be sent to Construction Program of the Santa Clara Valley Water District, Room B198, of the District’s Administration Building, 5750 Almaden Expressway, San Jose, CA 95118 by 2pm on June 8, 2016. A pre-bid conference/site visit will be conducted by the District on Thursday May 26, 2016 at 10:00am at Dobern Bridge which connects Dobertn Aenue and Bambi Lane in San Jose, CA.

Where: SCVWD Board of Directors

When: May 10, 2016, 5:00pm, District Headquarters Board Room, 5700 Almaden Expressway San Jose, CA 95050

Link to item: https://scvwd.legistar.com/LegislationDetail.aspx?ID=2706654&GUID=54D984D9-A8EF-4C9C-A2DC-C64F14CBF103

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=459787&GUID=990BC7C8-8851-489D-9FA1-C87E7AD681BF

Removed from Agenda: Santa Clara Valley Water District: Approving Side Letter Agreement w/ IFPTE Local 21, regarding Compensation Study

This item has been removed from the agenda.

Where: SCVWD Board of Directors

When: May 10, 2016, 5:00pm, District Headquarters Board Room, 5700 Almaden Expressway San Jose, CA 95050

Link to item: http://scvwd.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=2060

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=459787&GUID=990BC7C8-8851-489D-9FA1-C87E7AD681BF

Award of$ 5.6M Contract to Granite Construction for Canoas Creek Rodent Repair Project

Staff are recommending that the Board award a construction contract to Granite Construction Company in the amount of $5,448,300 for the Canoas Creek Rodent Damage Repair Project, based on review of bids received, which is estimated to create about 60 jobs.

Recommended actions include:

  • Award construction contract for Canoas Creek Rodent Damage Project to Granite Construction Company, adjusting amount by $3,800,000 to a total budget of $5,448,300;
  • Waive irregularities on their bid materials; and
  • Approve contingency amount of $544,830 for individual change orders.

Where: SCVWD Board of Directors

When: May 10, 2016, 5:00pm, District Headquarters Board Room, 5700 Almaden Expressway San Jose, CA 95050

Link to item: http://scvwd.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=2029

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=459787&GUID=990BC7C8-8851-489D-9FA1-C87E7AD681BF

Alum Rock Union Elementary School District

Facilities proposal by Alpha: Blanca Alvarado charter school   

Presentation by Alpha Public Schools regarding Alpha Blanca Alvarado School Facilities Proposal. Submitted by Ms. Farah Charania, Director of Operations, Alpha Public Schools.

Where:  ARUESD Board of Trustees

When: May 12, 2016, 5:30 pm

Link to item:  n/a

Link to agenda: http://www.arusd.org/cms/lib7/CA01001158/Centricity/Domain/11/May.12.2016.Regular.Bd.Mtg..pdf

Developing prohibition on campaign contributors doing business with the District 

The policy would prohibit organizations and individuals who contribute to the political campaigns or any committee controlled by an Alum Rock Board member from doing business with the Alum Rock School District for ten years. Exceptions to this prohibition would be government recognized banks and credit unions. This item was submitted by trustee Andres Quintero.

Where:  ARUESD Board of Trustees

When: May 12, 2016, 5:30 pm

Link to item:  n/a

Link to agenda: http://www.arusd.org/cms/lib7/CA01001158/Centricity/Domain/11/May.12.2016.Regular.Bd.Mtg..pdf

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