Policy Watch

County of Santa Clara

Policy direction on pay equity, wage theft & related issues

Possible actions include: Provide direction relating to proposed amendments to Board of Supervisors’ Policy 5.5.5.4 relating to the Equal Opportunity/Nondiscrimination provision in County contracts.

 

Where: Santa Clara County Finance & Government Operations Committee

When:  Aug. 11, 2016, 2 pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7335&MediaPosition=&ID=82599&CssClass=

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7335

Oversight of Civic Center redevelopment; direction on whether to include citizen oversight

As part of its May 24, 2015 action approving a Master Development Agreement with Lowe Enterprises Real Estate Group for master planning and redevelopment of the 55-acre Civic Center site, the Board of Supervisors requested the Management Audit Division to assist with oversight of this project, on the Board’s behalf. As the Board is aware, the project includes programmatic master planning for the entire 55-acre site, including the existing Government Center, the Civic Center parking lot, the former San Jose City Hall now owned by the County since 2011, and the former Richey U.S. Army Reserve site acquired from the federal government in 2011. The project also includes more detailed planning and proposed eventual construction of a law and justice facility, housing various County departments, on the Richey site.  This report includes prototype progress reports & milestones that would require Board approval.

The Management Audit Division is requesting additional Committee direction on whether to include some sort of citizen advisory committee as part of the oversight for this project. Originally it was thought that Administration was responsible for this task, which the Asset and Economic Development Director began work on. A subsequent review of the meeting discussion indicated that Supervisor Chavez had requested the Management Audit Division’s input on this question. We have not yet researched this topic, but if the Committee so directs, we would review specific questions, such as whether a citizen group is a best practice for overseeing public construction projects, whether such groups have provided value in other similar projects, or how to constitute and select the membership of such a group and organize its work.

Where: Santa Clara County Finance & Government Operations Committee

When:  Aug. 11, 2016, 2 pm

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7335&MediaPosition=&ID=82566&CssClass=

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7335

 

City of San Jose

Placing Business Tax measure on November ballot

Background: On August 2, 2016 Council voted to include updating and modernizing the current Business Tax for the November 8, 2016, general election. They also deferred approval of the 75-word ballot language until the August 9, 2016 Council Meeting.

2nd Memorandum from Mayor Liccardo (August 5):

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 San Jose the following measure:
Business Tax Modernization

Shall an ordinance be adopted modernizing San Jose’s 1986 tax to fund essential services—such as police, emergency response, and pothole repair—with approximately $12 million in additional annual revenue by: raising the base tax from $150 to $195; increasing rates incrementally for larger

businesses, as provided in the ordinance at http://sanioseca.gov/businesstax2016: adjusting for inflation; expanding exemptions for small businesses and financial hardship; and allowing online registration and payment? (YES/NO)

Council will also consider (a) declining to include the full sixty (60)-page text of the proposed ordinance in November 8, 2016, Voter’s Sample Ballot, in an effort to conserve public dollars, the City Cleric has estimated that it would cost taxpayers $1,078,200 to print the entire ordinance in the voter booklet; (b) adopting a resolution authorizing the Mayor to submit an argument in favor of the measure; and to conserve public dollars, (c) declining to allow rebuttal arguments. Arguments for and against the measure are due to the City Clerk by 12 noon, Aug. 17. The City Attorney’s impartial analysis is due to the City Clerk by 12 noon on August 23.

Mayor Liccardo’s memo also proposes including a URL within the ballot statement for voters to find the full text of the ordinance if they would like to read it.

Details of the proposed changes to the business tax are included in the memo.

If the measure is approved by a majority of the voters, it will be effective July 1, 2017. Based on current projections, the Business Tax updates could result in additional annual revenues of approx. $13 million.

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=586393

Link to sup memo:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586395

Link to sup memo:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586397

Link to Liccardo memo:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586401

Link to Rocha memo:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586403

Link to Liccardo memo #2:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586424

Link to Resolution – Part (b):   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586399 Link to agenda:   http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=d54261ab-4e9e-41a0-85b1-b82f4e6bab0b

Placing measure for Alternative Pension Reform Act on November ballot; ballot language not yet released

Background: On August 2, City Administration recommended deferring Item 3.4, Actions Related to the Proposed Ballot Measure – Alternative Pension Reform Act, to the August 9, 2016 Council meeting, to allow the City to continue to work with stakeholders on the language for the 75-

word ballot measure question.

As of 8/5, no proposed language has been released.

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=586407

Link to supplemental:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586409

Link to supplemental:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586411

Link to agenda:   http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=d54261ab-4e9e-41a0-85b1-b82f4e6bab0b

VTA seeking feedback regarding paratransit priorities for service for RFP

Letter from VTA dated August 2, 2016 distributed to the Mayor and City Council August 3,2016, seeking input on New Paratransit Contract, Public Meetings 8/8 and 8/9.

On June 24, 2016, the VTA Board took action to end VTA’s contract with Outreach & Escort, Inc. Early on in this 12-month transitional period, VTA will be issuing a request for proposals for paratransit services and will seek feedback from paratransit customers regarding their priorities for service. They will look at best practices, effective service delivery and a stronger level of oversight as they develop the management structure and contracting mechanisms for the paratransit program. They are inviting the community to one of two workshops listed below.

Monday, August 8, 2016, 6:00 p.m. – 8:00 p.m.

Roosevelt Community Center, Multi-Purpose Room

Tuesday, August 9, 2016, 9:30 a.m. -11:30 a.m.

Campbell Community Center. Orchard City Banquet Hall

Comments may also be submitted by August 10 to: customer.service@vta.org

Where: San Jose Rules and Open Government Committee

When: August 10, 2016 2:00PM

Link to memo:   http://sanjose.granicus.com/MetaViewer.php?meta_id=586303

Link to agenda:  http://sanjoseca.gov/DocumentCenter/View/59502

Liccardo memo to create an Independent Citizens Oversight Committee to oversee Measure B sales tax expenditures

On June 7, 2016, San Jose voters overwhelmingly approved a one-quarter cent sales tax increase to fund City services, with over 61% support. That measure will raise a projected $40 million annually. This measure requires “an Independent Citizens Oversight shall review the expenditures of revenues generated by the tax imposed….” The City will begin collecting this sales tax on October 1, 2016. To maintain the trust of our residents, we must establish the Oversight Committee before the collection of the tax.  (Mayor Liccardo)

Memo by Mayor Liccardo recommends:

  1. Create a process for appointing citizens to the Independent Citizens Oversight Committee, with explicit consideration that the Neighborhoods Commission serve as the Committee, by absorbing Measure B’s mandated functions within the existing purpose of the Commission.
  2. Establish a schedule for periodic meetings of the Oversight Committee, at least annually.
  3. Determine a scope of duties consistent with voter authorization.

Where: San Jose Rules and Open Government Committee

When: August 10, 2016 2:00PM

Link to memo:   http://sanjose.granicus.com/MetaViewer.php?meta_id=586307

Link to agenda:   http://sanjoseca.gov/DocumentCenter/View/59502

Housing Commission considering new landlord petition process for Apartment Rent Ordinance

The Commission will consider (a) approval of the new Chapter 9, Fair Return Petition Procedures, to be added by amendment to the regulations implementing the Apartment Rent Ordinance, Chapter 17. 23 of the Municipal Code; and (b) adoption of a recommendation to the City Council to adopt the amendment adding Chapter 9, Fair Return Petition Procedures, to the regulations implementing the Apartment Rent Ordinance, Chapter 17. 23 of the Municipal Code.

At the May 10, 2016 City Council meeting, the Interim Apartment Rent Ordinance (Interim Ordinance) was adopted. The Interim Ordinance became effective on June 17, 2016, and will be in effect until January 1, 2017 or 60 days after the permanent ordinance is in place, whichever is earlier. The Interim Ordinance adopted by City Council reduced the annual allowable rent increase on tenants from 8% to 5%, eliminated rent increases available through the pass-through provisions (including debt-service, capital improvement, rehabilitation, and operations & maintenance) after September 1, 2016, and implemented a fair return petition process.

The new Chapter 9 — Fair Return Procedures (Attachment C) will be added by amendment to the Regulations. The amendment to the regulations will provide direction to allow the Hearing Officers to conduct fair return petition hearings called for under the Interim Ordinance. The fair return petition process is the mechanism that provides owners the opportunity to show the City that they are not receiving a fair return and should be entitled to additional rent increases.

Where: San Jose Housing and Community Development Commission

When:  August 11, 2016 AT 5:45 PM, City Hall WING ROOMS 118-120

Link to item:   Agenda pg. 6 – 28

Link to agenda:   http://sanjoseca.gov/DocumentCenter/View/59476

KT Urban offered to buy Convention Center South Hall site for $23.7M

On July 12, KT Properties submitted a letter offering to purchase the 4.3-acre Convention Center South Hall site for $23,760,000. Their proposed development includes a hotel. As part of the purchase offer, they are asking the City to process entitlements and preliminary designs for the project at the City’s sole expense.

The Convention Center South Hall site has several issues which were largely not mentioned in KT Urban’s letter. The site is:

  1. Encumbered with a deed of trust that partially secures a Federal Housing and Urban Development (HUD) 108 Loan, the collateral for which many need to be moved or replaced per the LRPMP;
  2. Zoned and General Plan Designated Public/Quasi-Public;
  3. Significant level of Contamination and has an open case with the California Regional Water Quality Control Board; and
  4. Acquired with tax-exempt bonds limiting private development due to IRS private development restrictions.

Where: Oversight Board for the Successor Agency to the Redevelopment Agency of San Jose

When:  Aug. 11, 2016, 10 am

Link to item: www.sanjoseca.gov/DocumentCenter/View/59470

Link to agenda: http://www.sanjoseca.gov/DocumentCenter/View/59544

Six 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”. The following six applicants received interest from four or more Councilmembers and will be invited to the interview process:

Namrata Vora

John Salah

Robin Doran

Adam Mayberry

Peter Allen

Tina Garg

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 sup memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2148&meta_id=586287

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 agendahttp://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=d54261ab-4e9e-41a0-85b1-b82f4e6bab0b

 

City of Palo Alto

Considering whether to increase city minimum wage; also considering youth/learners & tipped wage exemptions

Staff recommends that the Policy and Services Committee (P&S) review options for changing the Palo Alto minimum wage, currently $11.00 per hour, and that P&S recommend to the full Council to direct staff either:

(1) to prepare ordinance amendments and take related actions, or

(2) to maintain the existing rate; publish the October 2016 announcement of the new rate, and implement the new rate increase scheduled for January 2017.

Palo Alto’s minimum wage is $11.00 per hour and is set to increase to approximately $11.11 on January 1, 2017 as established by the current City of Palo Alto ordinance. [Note: The Palo Alto min wage cost of living wage increase is based on the national CPI. If it were instead based on the Bay Area CPI, it would increase to $11.30.]

The ordinance also requires the new minimum wage to be announced in October, 2016 and every October proceeding the annual January increase.

Update on Enforcement: The City contracts with the City of San Jose for minimum wage enforcement services. San Jose has received one complaint since January 2016 and is currently investigating.

Under the current projected increases for the Palo Alto minimum wage the rate wouldn’t increase to $15 until after 2025. This is in contrast to the State minimum wage hitting $15 in 2022 (for large employers) and the proposed regional minimum wage getting to $15 in 2019, as highlighted above.

Two Palo Alto organized surveys have been conducted over the past year collecting input from employees and business owners regarding minimum wage. The results of those surveys indicate some support for increasing the minimum wage. The summaries of the survey responses are included (Attachments F and G).

The Council asked the Policy and Services Committee to consider two exceptions: a youth/learners exception and a wait staff exception.

Where: Palo Alto Policy & Services Committee

When: Aug. 16, 2016, 6 pm

Link to item:  www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=53357

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=53375

City of Mountain View

Placing voter-initiated rent control measure on November ballot; deciding whether to submit an argument against it

Council will be accepting and approving a voter initiative entitled, “The Community Stabilization and Fair Rent Act Charter Amendment” for inclusion on the November ballot. Staff are recommending that Council direct the City Attorney to prepare an impartial analysis of the proposed amendment and decide whether or not to submit an argument against the Charter amendment.

The Community Stabilization and Fair Rent Charter Amendment was put forth by the Mountain View Tenants Coalition, represented by Joan MacDonald and Steve Chandler and has qualified for placement on the November 8, 2016 ballot. The Charter Amendment would enact rent regulation, with annual rent increases limited to a maximum of 5 percent for most multi-family rental units that received a Certificate of Occupancy prior to February 1, 1995; prohibit evictions unless just cause exists for those rental units receiving a Certificate of Occupancy before the measure becomes effective; and create a Rental Housing Committee authorized to enact regulations and charge landlords a fee to implement the amendment.

If adopted by the voters, the Rental Housing Committee is responsible for financing its reasonable and necessary expenses to ensure implementation of the Charter Amendment and is authorized to charge a fee to landlords to cover such expenses. The City is required to fund the initial implementation of the amendment until the Committee has collected enough Rental Housing Fees to support implementation. Based on the staffing levels in other communities with similar regulations, additional staffing will most likely be required.

Where: Mountain View City Council

When: August 9, 2016, 6:30pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=2806443&GUID=21C37FAD-1CA1-4062-B9DA-4386495AD413&Options=&Search=

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=452515&GUID=7CE0FF7E-936C-4394-AFC8-1BC18772D4D1

Considering placing a Council-initiated rent control measure on the November ballot

Staff are recommending consideration of a resolution approving a Council-initiated measure modifying the City’s Rental Housing Dispute Resolution Program for inclusion on the November ballot. This measure is being proposed as an alternative to the voter-initiated “Community Stabilization and Fair Rent Act Charter Amendment,” which will also be on the ballot.

The primary changes to be made to the program by this measure are: 1) making rent dispute resolutions legally binding, regarding rent increases in excess of 5% of base rent over a 12-month period for units receiving Certificates of Occupancy prior to February 1, 1995 (as required by the Costa-Hawkins Act), 2) establishing base rent as of July 15, 2016 for tenancies that commenced prior to that date, 3) permitting 2 rent increases within a 12 month period, for a maximum rent increase of 5% from base rent, and allowing 8% rent increases if no increases were made over the prior 24 months, 4) establishing just cause for eviction provisions for some rental units which are still to be determined, 5) preventing modification of the ordinance for a 2-year period, and then requiring a super majority, or 5 votes of the City Council, to amend the provisions of the Ordinance moving forward.

On July 14, 2016, the City Council held a Special Meeting and directed staff to prepare an ordinance modifying the existing Rental Housing Dispute Resolution Program (RHDRP) and present it to the City Council on August 9, 2016, for consideration to be included on the November 8, 2016 ballot.

Where: Mountain View City Council

When: August 9, 2016, 6:30pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=2806444&GUID=129B79FB-DB62-4445-BE37-FCBFA5690B52

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=452515&GUID=7CE0FF7E-936C-4394-AFC8-1BC18772D4D1

Santa Clara Valley Water District

Discussion on PLAs on water district projects agendized for 9/13

Item #3 in the CEO Bulletin:

Request from Board Member Keegan: Staff to take a preliminary look at the use of Project Labor Agreements (PLAs) on nonfederal water district projects.

Research on PLA use in non-federal water district projects is on-going. This item will be placed on the September 13, 2016, board meeting agenda for discussion.

For further information, please contact Michael Baratz at (408) 630-2361.

Where:    Santa Clara Valley Water District Board of Directors

When:  August 9, 2016, 5:00p

Link to item: https://scvwd.legistar.com/LegislationDetail.aspx?ID=2801409&GUID=99239CBA-02E4-4B61-B27B-69DA9422CFA5

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=482810&GUID=02969C50-63BE-4EE9-B900-8EDCC523E2A5

 

Franklin McKinley Board of Trustees

Putting parcel tax on November ballot

The Board will vote on whether to place a parcel tax renewal on the Nov. ballot.

The Parcel Tax passed in 2008, effect 2009-2010 and will be expiring in June, 2018.  The attached Resolution calls for a Parcel Tax of $72 per year for 9 years assessed against each parcel. It would generate an estimated $1.2 Million annually beginning July 1, 2018.

A recent survey of voters shows that the measure would garner the necessary 67% to pass on Election Day.

Where:  Franklin McKinley Board of Trustees

When: Aug. 9, 2016, 5:30 pm

Link to item: http://www.boarddocs.com/ca/fmsd/Board.nsf/goto?open&id=ACGNLS5F8324

Link to agenda: http://www.boarddocs.com/ca/fmsd/Board.nsf/Public

 

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