City of San Jose
Approving Ad-Hoc Council Committee on Development Services to facilitate private sector development; Mayor Liccardo to chair
As recommended by the Rules and Open Government Committee on July 27, 2016, approve the creation of an Ad-Hoc Committee on Development Services and setting the following dates for the meetings to be held in the City Manager’s Conference Room.
August 25, 2016 9:00 – 10:30am
September 29, 2016 9:00 – 10:30am
October 27, 2016 9:00 – 10:30am
November 18, 2016 10:30 – 12:00pm
December 15, 2016 9:00- 10:30am
The Agenda for the meetings will address: (1) Key Process Improvements, including updating performance metrics, creating a development services dashboard, and implementing change management, cost of service study adjustments, and code reform programs; (2) Update on Development Services staffing, filled positions and vacancies; (3) Status Report on Major Development Projects in Entitlement and Construction Process; and, (4) Customer/Public Feedback.
BACKGROUND
Mayor Liccardo proposed convening an Ad-Hoc Committee on Development Services to focus on expeditiously capturing as much economic growth as possible in this mature phase of the economic cycle, particularly through impactful process improvements to development services. The goal is to ensure investors and tech companies continue to place their trust in San Jose by facilitating private sector investments. Committee members include: Mayor Sam Liccardo (Chair), Vice Mayor Rose Herrera, Councilmembers Johnny Khamis, Raul Peralez, and Manh Nguyen.
Where: San Jose City Council
When: Tuesday, August 9, 2016 1:30PM
Link to memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=584950
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=d54261ab-4e9e-41a0-85b1-b82f4e6bab0b
Placing Business Tax Modernization measure on Nov. ballot; new poll results show 63% support
2nd Supplemental Memo: The purpose of this memo is to transmit the results of the public opinion survey conducted in July to aid Council’s discussion regarding the proposed business tax modernization ballot measure for the Nov. 2016 election. Overall, the survey reflects strong potential voter support for the proposed measure—the survey found that 63% of respondents (in a sample size of 800) supported the business tax modernization measure.
Original Item: Council discussion and consideration of City options for updating and modernizing the current Business Tax for the November 8, 2016, general election.
If Council wishes to proceed, adopt a resolution of the City Council calling and giving notice, on its own motion, for a Special Municipal Election to be held on November 8, 2016, to submit to the electors of the City of San José the following measure:
San José Business Tax Modernization
Shall an ordinance be adopted to modernize the 1986 San José business tax to fund essential city services such as police patrols, 911 emergency response, street repair, and parks maintenance by increasing tax rates, including base tax from $150 to $195, adding an inflation adjustment, raising caps, exempting certain small businesses, and expanding financial hardship exemption, providing approximately $13 million added annual revenue, subject to existing independent financial audits? (YES/NO)
Details of the proposed changes to the business tax are included in the memo below.
If the measure is approved by a majority of the voters, it will be effective July 1, 2017.
Where: San Jose City Council
When: August 2, 2016, 1:30p
Link to memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2147&meta_id=584632
Link to supplemental: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2147&meta_id=584634
Link to reso: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2147&meta_id=584625
Link to 2nd supplemental: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2147&meta_id=584828
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=2856c743-6b5e-46af-ae1e-6507b658edc2
Up to 6 of 38 applicants will be interviewed for the Planning Commission
(a) Interview applicants for appointment to the Planning Commission; (b) Appoint up to two (2) applicants to the Planning Commission to an unexpired term ending June 30, 2020; and (c) If any vacancy remains, direct the City Clerk to continue recruitment efforts and bring forward additional applicants for consideration within 90 days.
There are currently two (2) vacancies for an unexpired term ending on June 30, 2020 on the Planning Commission. The Office of the City Clerk conducted an open recruitment from June 14, 1016 through July 14, 2016. Thirty-eight (38) applications were transmitted to the Mayor and City Council for review for “indications of interest”, and the Mayor and City Council will be submitting the names of those applicants whom they wish to interview. Up to the top six applicants receiving interest from four or more Councilmembers will be invited to the interview process.
Applicants:
Peter Allen
Willian (Bill) Bartz
Robert Braunstein
Fred Brew
Francesco (Frank) Cancilla
Sriram Chatrathi
Robert Corwin
Sherry Davis
Robin Doram
Arul Edwin
Andrea Fleiner
Eric Fong
Tina Garg
Linda Goff
Teri Ravel Kane
Karl Kato
Patrick Keulen
Cindy Marten
Greg Martinez
Katherine Mason
Adam Mayberry
Michael Melillo
Roman Nahal
Truc Nguyen
Pamela Parrish
Mike Pham
Albert Rios
Josh Rogers
John Salah
Rocco Souza
William (Bill) Schworer, Jr.
Sandra Thomas
Subramaniam Vinod
Namrata Vora
Paul Vu
Ryan Warner
Lili Min Wang
David Witkowski
Where: San Jose City Council
When: Tuesday, August 9, 2016 1:30PM
Link to memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=585007
Link to Code Review: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=585011
Link to Conflict of Interest: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=585013
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=d54261ab-4e9e-41a0-85b1-b82f4e6bab0b
Findings from audit of City Clerk’s performance, held in response to lack of accurate information given to candidates & Councilmembers
Recommendation: As recommended by the Public Safety, Finance, and Strategic Support Committee on June 16, 2016, accept the Audit of the Office of the City Clerk: Streamlining Processes and Clarifying Roles Can Better Ensure Compliance with Statutory Responsibilities.
Background:
The objective of this audit was to examine the City Clerk’s Office’s performance of its primary statutory responsibilities, as well as its administrative activities to support the Mayor’s Office and Council Offices. This audit was conducted because of concerns expressed by the City Council’s Rules and Open Government Committee about the quality of services provided by the City Clerk’s Office—in particular, difficulties that Councilmembers and candidates for office have had in getting reliable, accurate information on issues ranging from election-related rules to office budgets.
The audit concluded to the following findings: (1) The City Clerk Should Streamline Processes and Clarify Roles in Providing Support to the City’s Legislative Bodies. (2) The City Clerk Should Prioritize and Ensure the Smooth Implementation of an Updated Records Management System. (3) The City Clerk Should Improve Processes for Ensuring Compliance with State and Local Regulations on Elections and Ethics. (4) The City Clerk Should Provide Better Customer Service to the Mayor and Council Offices. (5) The City Clerk Should Clarify Work Assignments and Monitor Performance of Statutory Responsibilities. This report includes 20 recommendations.
Where: San Jose City Council
When: Tuesday, August 9, 2016 1:30PM
Link to memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=584958
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=d54261ab-4e9e-41a0-85b1-b82f4e6bab0b
Approval of changes to the Planning Commission Bylaws in regards to inaction due to conflict of interest or deadlock
It is recommended that the Rules and Open Government Committee approve the proposed changes to the Planning Commission Bylaws. San Jose Municipal Code section 2.08.080.A.1 requires that changes to commission bylaws must be approved by the Council Rules and Open Government Committee. In April and June 2016 meetings, the Planning Commission considered amendments to its bylaws to address two issues: (1) the Planning Commission had several instances in recent months where more than one Commissioner has been required by law to abstain from participating in making decisions on items before the Commission because of conflicts of interests; and (2) there have been instances where the Commission has deadlocked in a tie vote on an application for a development permit.
The amendments to the Planning Commission Bylaws would:
- Address those instances when the Commission is the final decision-maker on an item before it and one of the following occurs:
- Two or more Commissioners are required by law to abstain from voting on an item; or
- The Commission vote results in a tie.
- Add a provision from the Brown Act that authorizes less than a quorum of the Commission to continue an item on the agenda to a future meeting.
- Clarify that a Chair Pro Tempore may be appointed by the Commission when both the Chair and Vice Chair are required by law to abstain from participating in the decision-making process.
Where: Rules and Open Government Committee
When: August 3, 2016 2:00PM, Wing 118-120
Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=585054
Link to agenda: http://sanjoseca.gov/DocumentCenter/View/59307
Staff recommendations and next steps on SPUR proposals, including changing Transportation Impact Analysis for development projects, new zoning for downtown & Urban Villages, & others
Accept the report on Priority Response to SPUR and Staff Identified Work Items. The Rules Cmte may give staff direction on any of the proposed items.
BACKGROUND
At the request of the Rules Committee, staff prepared a workload assessment to address those SPUR recommendations that staff have also identified as a priority. The Rules Cmte requested that staff return with a determination of whether each of the identified priorities is: Green (To Council for action or addition to Department Workplan); Yellow (To Priority Setting); or Red (Drop Idea).
The items for which workload assessments were completed include:
- Zoning Code Revisions in Downtown and Urban Villages (Yellow)
- City wide Urban Design Guidelines (Yellow Light)
- Downtown Historic Preservation (Yellow)
- Downtown Parking Management Plan and Code Reform (Yellow)
- Downtown Circulation & Access Study (Yellow)
- City Policies Regarding Transportation Impact Analysis and Evaluation (Green)
With regard to the last item (Transportaion Impact Analysis), SPUR recommends that the City update its transportation impact analysis guidelines to emphasize, monitor and evaluate multimodal access and transportation demand management (TDM).
This change is expected to transition the City to a vehicle miles traveled (VMT) based metric to assess the environmental impact of projects under CEQA per Senate Bill 743 (SB 743). Perhaps even more importantly, the change poses an opportunity to update the City’s transportation impact policies and guidance, transportation demand management (TDM), and congestion monitoring programs. This effort also should explore the use of impact fees to replace existing transportation mitigation expenditures.
Staff from the Departments of Planning, Building and Code Enforcement (PBCE), Department of Transportation (DOT), Department of Public Works (DPW), Housing, and Office of Economic Development (OED) has begun to study the implications of and the City’s options under SB 743, with the help of a small contract with the consulting firm Nelson Nygaard.
Where: Rules and Open Government Committee
When: August 3, 2016 2:00PM, Wing 118-120
Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=585056
Link to agenda: http://sanjoseca.gov/DocumentCenter/View/59307
City of Milpitas
Mayor proposing to remove from Nov. 2016 ballot the measure that would require voter approval for all Town Center zoning changes
At the request of Mayor Esteves, staff are recommending that Council rescind Resolution No. 8563, which approves a ballot measure for the November 8, 2016 election that would require any changes to the Town Center Zoning to be approved by Milpitas voters.
Where: Milpitas City Council
When: August 2, 2016, 7:00pm
Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/080216/agenda.pdf
Approving Council-sponsored Nov. 2016 ballot measure to require voter approval for land use changes from Parks and Open Space to Commercial, Industrial, or Residential
This ballot measure is proposed in an effort to protect parks and open space in the City to allow the residents greater control over space in the City that is beneficial to all City residents.
Staff are recommending the adoption of a resolution that would place on the November ballot the question of whether voter approval should be required for changes in General Plan land use designations from Parks and Open Space (POS) to Commercial, Industrial, or Residential. If approved, the proposed ballot measure would add two new policies into the General Plan as follows:
- Guiding Principles
2.a-G-12 No construction of any residential, commercial or industrial building or structure shall be allowed in any land designated on the General Plan Land Use Map as “Parks and Open Space (POS)” unless the proposed construction is first approved by a two-thirds vote of the voters of the City at a general or special municipal election.
- Growth and Expansion
2.a-I-2.3 No lands designated on the General Plan Land Use Map as “Parks and Open Space” may be redesignated for any other land use unless the proposed redesignation of that land is first approved by a two-thirds vote of the voters of the City at a general or special municipal election.
The City Attorney prepared the attached Resolution calling for the ballot measure to be placed on the ballot November 8, 2016 consolidated with the scheduled municipal election and other ballot measures on that same date. The estimated cost of putting the measure on the ballot would be $53,000.
Where: Milpitas City Council
When: August 2, 2016, 7:00pm
Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/080216/item_27.pdf
Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/080216/agenda.pdf
Council action on citizen-initiated ballot initiative to change the City’s water rate structure & reduce infrastructure funding
Council will take action on the citizen-initiated ballot measure initiative that would replace the City’s water rate structure with a tiered rate system. Because sufficient petition signatures have been submitted, per California Elections Code, the City Council is required either to adopt the proposed initiative measure as an ordinance without alteration or to submit the measure to the voters to decide the issue.
The City Council previously heard this item at the special meeting held on Monday, July 18, 2016. At that time, a motion was made to not take any action as required under the Elections Code with regard to the initiative measure based on legality concerns presented by the City Attorney. The motion was made and seconded, but led to a tie vote with one councilmember absent. Because the vote was a tie, the motion failed. No other motions were made by the Council and no action was therefore taken on this issue.
The concerns and issues raised at the July 18th meeting include the legality of the rate structure; the resulting revenue shortfall from a tiered rate system vs. a flat rate system; potential impacts/reductions in water services as a result of declining revenues; and potential impacts to needed infrastructure projects that would not be fully funded as a result of a tiered rate system.
The Initiative Measure Rates are estimated to collect $4 million less each year compared to the adopted City water rates. The Initiative measure will continue to draw down the Operating Fund, will accrue a deficit in the near term and erode the City’s operating reserves below the 30% policy level. In addition, it would likely necessitate deferral or elimination of critical water system infrastructure projects.
Where: Milpitas City Council
When: August 2, 2016, 7:00pm
Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/080216/item_05.pdf
Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/080216/agenda.pdf
VTA
Final adoption of ordinance authorizing ½ cent sales tax, subject to voter approval
On June 24, 2016, this Board adopted Resolution 2016.06.17, which called for submitting to the voters of Santa Clara County a measure seeking authorization for VTA to enact a 30-year ½-cent retail transactions and use tax for transportation purposes.
In order to implement the tax if the voters pass the Tax Measure, the Board must adopt a retail transactions and use tax ordinance. The Board of Directors introduced and considered proposed Ordinance No. 2016.01 for a first reading on June 2, 2016. Today, VTA staff is submitting the proposed Ordinance No. 2016.01 for consideration and proposed adoption by this Board.
Ordinance No. 2016.01 will be operative only if two-thirds of the voters pass the Tax Measure on November 8, 2016. If voters approve the Tax Measure, it would generate an estimated $6.3 billion in 2017 dollars.
Where: VTA Board of Directors
When: Aug. 4, 2016, 5:30 pm, 3331 N. 1st St., San Jose
Link to agenda: http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_080416_packet.pdf
San Jose Unified School District
Putting parcel tax on November ballot
The Board is requested to hold a public hearing and adopt resolution calling an election on November 8, 2016 to impose a qualified special tax (“Parcel Tax”) on all parcels of taxable real property in the District’s boundaries. If approved by two-thirds of voters on November 8, 2016, the tax of $72 per parcel would be levied for 8 years with exemptions for seniors, those receiving Supplemental Security Income, and those receiving Social Security Disability Insurance benefits.
Where: San Jose Unified School District
When: Thursday, August 4th 2016 6:00PM
Link to item: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=424618&IsArchive=0
Link to agenda: http://agendaonline.net/public/Meeting.aspx?AgencyID=123&MeetingID=34202&AgencyTypeID=1&IsArchived=False
Approving California Environmental Quality Act (CEQA) exemption for planned Solar Energy Project across 25 school sites
That the Board of Education find the Solar Energy Project at twenty-five (25) separate school sites (“Project”) is categorically exempt under Class 3, Class 11, and Class 14 Categorical Exemptions of the California Environmental Quality Act (“CEQA”), approve the Project, and direct staff to file a Notice of Exemption for the Project with the County Clerk (Project Z0493). The Project meets the definitions of the Class 3, Class 11, and Class 14 Categorical Exemptions. There is no indication of unusual circumstances that would cause a potentially significant environmental impact related to the Project. The applicable requirements of CEQA have been fulfilled for the Project.
The Board will also award approval of this project to Sunpower (see separate item below).
Where: San Jose Unified School District
When: Thursday, August 4th 2016 6:00PM
Link to item: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=424674&IsArchive=0
Link to agenda: http://agendaonline.net/public/Meeting.aspx?AgencyID=123&MeetingID=34202&AgencyTypeID=1&IsArchived=False
Award $15.4M Energy Service contract to Sunpower Corporation Systems for design-build of PV systems at 25 school sites
That the Board of Education ratify an Energy Service Contract to Sunpower Corporation Systems, in the amount of $15,466,055 to provide design/build services of Solar Photovoltaic Systems at multiple school locations (Project Z0493). This contract with Sunpower Corporation Systems represents the best interests of the District in delivering the best values for the project including price, the firm’s experience and qualifications, schedule and warranties among other thoughtful considerations of the District’s energy consultants, staff and legal counsel.
The Project includes assessment, engineering, design, permitting, procurement, construction management, installation, construction, of PV systems with Expected Energy Production of 6,465,705 kWh of energy in year one of system operation, produced through PV systems to be installed at 25 elementary and middle schools, totaling 3,882 kWdc.
Budget Source: CREB’s (federal Clean Renewable Energy Bonds)
Where: San Jose Unified School District
When: Thursday, August 4th 2016 6:00PM
Link to item: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=412601&IsArchive=0
Link to agenda: http://agendaonline.net/public/Meeting.aspx?AgencyID=123&MeetingID=34202&AgencyTypeID=1&IsArchived=False
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