Cortese referral to adopt support position for Opportunity to Work
Cortese memo: The City of San Jose’s Opportunity to Work Initiative, slated for the November ballot, will help to support residents by ensuring that businesses are hiring employees in a manner that better supports self-sufficiency. Currently, some businesses will hire new part-time employees rather than increasing hours for their current part-time employees. The businesses do this in an effort to avoid paying for benefits, such as health care, vacation time, and sick leave. However, this practice doesn’t support the current employees in their effort to earn enough to meet their needs. The goal of the initiative is to help currently employed workers earn what they need to survive to care for themselves and their families.
The Board of Supervisors should support the Opportunity to Work Initiative. This initiative will reduce resident’s dependency on County services. As more residents are able to afford food and health care, their need for County managed programs like CalWorks and CalFresh will be reduced. As residents are able to afford health care, they will no longer be reliant on County health programs. Residents who are able to maintain self-sufficiency will be able to go about their business with confidence and peace of mind. By supporting the Opportunity to Work Initiative, the Board of Supervisors is promoting the value that everyone has the right to achieve a quality of life in which they live without reliance on others and helping to strengthen families in Santa Clara County.
Where: Santa Clara County Board of Supervisors
When: Aug. 16, 2016, 9 am
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7195&MediaPosition=&ID=82753&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7195
Cortese/Chavez referral for Housing Bond oversight committee
Supervisors Cortese and Chavez recommend the following:
The Citizens Oversight Committee for the Housing Bond will consist of nine members appointed by the Board of Supervisors. All members will be appointed within 60 days of the certification of the election. Each Supervisor will appoint at least one member, with four appointments rotating. Members will serve for terms of three years, and may serve a maximum of two terms. The terms will be staggered, so all of the terms do not expire at the same time. The Committee will meet in public, and is subject to the Brown Act. The appointed members will include:
- At least one attorney;
- At least one auditor/certified public accountant;
- At least one investment professional;
- At least one housing advocate;
- A representative from a civic organization (such as the League of Women Voters);
- A representative from organized labor;
- A representative from a business organization;
- A representative of the Santa Clara County Cities Association; and
- The Santa Clara County Assessor.
Bond oversight committees are common, and they are usually staffed by the bonding jurisdiction (i.e., the County). However, we are recommending that this oversight be strengthened with a professional auditor hat is independent of and external to the County. And we are enhancing the independence and capabilities of the Committee by requiring that the auditor directly report to the Committee to the greatest extent allowed by law. We are not aware of any other jurisdiction using this enhanced model of bond oversight.
The Citizens Oversight Committee will advise the Board of Supervisors and the public as to:
- Whether the County is spending the bond monies for the stated purpose and not for any other purpose;
- Whether the County is spending the bond monies efficiently, effectively and in a timely manner;
- Whether the County’s issuance of bonds and temporary investment of bond monies is fiscally sound; &
- What changes to the County’s implementation of the Housing Bond, if any, are recommended going forward to ensure bond monies are spent for their stated purpose.
Where: Santa Clara County Board of Supervisors
When: Aug. 16, 2016, 9 am
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7195&MediaPosition=&ID=82586&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7195
Report on SEIU reallocation requests; SEIU requesting continuance
Reallocation is an opportunity for employees who feel they are not properly classified to request reallocation to another classification that more appropriately describes the scope of their work and duties.
During the Board of Supervisors’ meeting on June 7, 2016, the Vice-Chair of SEIU’s Clerical Bargaining Unit provided the Board of Supervisors with comments on three (3) reallocation requests from the recent SEIU Reallocation Window. The Board moved the item (Agenda Item #56) and requested that the Employee Services Agency – Human Resources (ESA-HR) provide a report-back on the three reallocation requests referenced in the public comments.
ESA-HR reviewed the letter submitted by the SEIU Vice-Chair of the Clerical Bargaining Unit. The attached report provides information regarding the three reallocation requests referenced by SEIU.
UPDATE: SEIU 521 has submitted a letter indicating that the issue is not yet resolved, and requesting that the item be continued to a date uncertain to allow ESA and SEIU time to reach an agreement.
Where: Santa Clara County Board of Supervisors
When: Aug. 16, 2016, 9 am
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7195&MediaPosition=&ID=82152&CssClass=
Link to SEIU letter: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=152360&MeetingID=7195
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7195
Modifying focus of immigration relief programs, based on Supreme Court DACA/DAPA decision
Staff from the Office of Immigrant Relations (OIR) will be presenting a report and recommending that the committee forward to the full board an amendment to the existing services agreement with Silicon Valley Community Foundation to modify deliverables for immigrant relief programs funded under the Santa Clara County Immigrant Family Referral Plan, pursuant to the U.S. Supreme Court’s June 2016 decision leaving in place an injunction against DACA+ and DAPA.
As part of the Fiscal Year 2016 budget process, the Board of Supervisors approved an agreement with the Silicon Valley Community Foundation to provide grants to local immigration services providers to carry out a coordinated effort in Santa Clara County to provide immigration legal services, community education, and outreach related to Administrative Relief. A month after President Obama issued his Executive Order in November 2014, Texas sued the federal government to block DACA+ and DAPA programs. A federal district court in Texas issued an order enjoining DACA+ and DAPA. The Fifth Circuit Court of Appeals upheld the injunction in November of 2015. The Obama administration appealed to the Supreme Court, and on June 23, 2016, after several weeks of deliberations, a deadlocked Supreme Court affirmed the lower court’s ruling and left in place the injunction. This meant that DACA+ and DAPA would not be implemented. The original DACA is not affected and continues to proceed.
Given the inability of partner agencies to engage in the enrollment process for these new programs, they were asked to draft new scopes of work that maximize outreach, education, legal assistance and application assistance for other forms of immigration relief. After review of grantee reports that included accomplishments, challenges and modified strategies, OIR recommends that funding from this grant program continue through the end of February 2017, which is when the agreement with the Silicon Valley Community Foundation will terminate. This takes into account the shift in strategies due to the Supreme Court Decision in June 2016. The new areas of focus going forward have been identified as:
- Continue community outreach and educationon existing immigration relief options. Community education and outreach will keep immigrant communities informed about their options and work to guard against fraudulent immigration schemes. Furthermore, partners will work with the County’s District Attorney’s office Fraud Prevention Unit to report cases.
- Increase outreach to hard-to-reach DACA eligible individuals including Asian/Pacific Islander (API) communities.
- Continued Legal screeningsfor other potential immigration benefits, such as more permanent options like U visa or VAWA.
- Continue to coordinate activities to gather and prepare documents.All immigration relief options require specific documents that prove eligibility. Partners will work with employers, places of worship, schools and other institutions to facilitate access to required documents.
- Coordinate Naturalization and Citizenshipand Civic Engagement efforts.
Where: Santa Clara County Children, Seniors, and Families Committee
When : Wednesday August 17, 2016, 2:00pm, Board of Supervisors’ Chambers, 70 West Hedding Street, 1st floor, San Jose, CA 95110
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7305&MediaPosition=&ID=82671&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7305
City of San Jose
Approving sale of land beneath the San Jose Hilton from City to County
Recommendation: That the City Council, acting as the Successor Agency Board, approve the Purchase and Sale Agreement and Escrow Instructions between the Successor Agency to the Redevelopment Agency of the City of San Jose, as seller, and the County of Santa Clara, as buyer, to allow the sale of 300 South Almaden Boulevard to the County for the appraised value of $96,000.
Background:
At Mayor Liccardo’s request, the City Council has repeatedly deferred consideration of the item approving the former Redevelopment Agency’s sale of the land beneath the San Jose Hilton (300 S. Almaden Blvd.) to the County of Santa Clara. The sale to the County was approved by the Oversight Board on May 26, 2016. A series of correspondence relating to the Hilton is included in the Oversight Board packet. The later letter from County Counsel, dated Aug. 2, indicates that although the item was placed on the City Council’s closed session agenda for Aug. 2, it was not considered in closed session. The County requests that the item be agendized for the Aug. 9 City Council meeting and approved.
The Mayor’s letters state that the owners of the San Jose Hilton offered to buy the land for $150,000, which is $54,000 more than the County’s offer.
Where: San Jose City Council
When: August 16, 2016 1:30pm
Link to memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2149&meta_id=587688
Link to supplemental memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2149&meta_id=587690
Link to memo (Liccardo): http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2149&meta_id=587692
Link to Agreement – SCC: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2149&meta_id=587694
Link to Letter from the public: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2149&meta_id=587696
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=d0efb2d7-8c49-44a8-9a32-11e81e237526
Community meeting on proposed Zoning Code changes include affordable housing density bonus, reducing setbacks & parking for residential, urban ag & more
Community meeting on proposed Zoning Code amendments that are targeted for Planning Commission and City Council consideration in 2016, including:
California State Housing Density Bonus and Incentives Law:
– Add a new chapter to the Zoning Code to implement the California State Housing Density Bonus and Incentives Law and provide affordable housing incentives consistent with the Envision San José 2040 General Plan. Consider reducing setbacks and parking as incentives for providing affordable housing in compliance with State Density Bonus law.
Residential Zoning Standards:
– Reduce Setbacks and Parking for Residential Zoning Districts
– Maintain Maximum Allowable Height and eliminate Maximum Allowable Stories for R-M Multiple Residence Zoning District – To allow more feasibility to align with Urban Residential and Transit Residential land use designations in the General Plan.
– Modify Requirements for Secondary Units – Reduce setbacks and minimum lot size, and allow secondary units in the R-2 Two-Family Residence Zoning District.
– Expand Provisions for Uses related to Urban Agriculture – including Aquaculture/Aquaponics and Plant Nurseries if approved with a Special Use Permit.
Sign Code Amendments: To allow a large single occupancy tenant space located in a shopping center site to have additional attached signs, increase in sign area, and the flexibility to locate multiple signs on more than one occupancy frontage.
Where: City of San Jose
When: August 22, 2016, 7-8:30pm, San Jose City hall, Wing Room 120
Link to item: http://www.sanjoseca.gov/Calendar.aspx?EID=4895
Creating a new landlord petition process for Apartment Rent Ordinance
The Council will consider the adoption of the amendment adding Chapter 9 to the existing regulations to provide needed procedural guidance for the implementation of the fair return hearing process established in the Interim Apartment Rent Ordinance adopted by the City Council on May 17, 2016.
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 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 City Council
When: August 23, 2016, 1:30 P.M., Council Chambers
Link to memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2150&meta_id=587559
Link to resolution: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2150&meta_id=587665
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=a173004e-0da6-40be-8d32-e5add2156159
Adopting “oppose” position on Gov. Brown’s “by-right housing” bill, unless charter cities are exempted
Staff recommends taking a position opposing Budget Trailer Bill 707 unless it is amended. As currently written, the proposed bill would significantly narrow the City’s land use authority, and it calls into question the collection of certain types of development and impact fees associated with new affordable housing. Accordingly, unless the proposed bill is amended to exempt charter cities, the City should remain opposed to it.
The Governor’s proposal seeks to address key constraints to affordable housing production including local opposition to housing (CEQA challenges), and the complexity and cost of the development review process by streamlining the development process, reducing the time needed for approval, and eliminating discretionary or subjective requirements. Under the proposed bill, a developer of a multifamily development could choose to submit a streamlined development application instead of pursing the conventional process that currently exists. This streamlined process would subject it only to “ministerial” review (similar to that of approval of Building Permits), thereby exempting the development from CEQA. For a development to be considered under the streamlined process it must be (1) on or near an “urban use,” which is significantly broader than how infill development sites are currently defined under State law, (2) meet the existing General Plan and Zoning Code, and include a percentage of affordable units in the development. Unlike the existing development review process, a development being processed under this proposed bill would not require public outreach or input, or approval by the Planning Commission or City Council. In order to qualify for the streamlined process, a developer must include affordable units in the proposed development.
Where: San Jose Rules and Open Government Committee
When: August 17, 2016, 2:00PM, Wing 118-120
Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=587661
Link to agenda: http://sanjoseca.gov/DocumentCenter/View/59715
Update & possible City position on Governor’s “By Right” housing bill and other bills regulating secondary housing units
Staff are recommending that Council discuss the status of the Governor’s “By Right” Housing Proposal, as well as other pending bills related to housing issues, and direct the staff to prepare a letter stating the City’s position on these bills, if desired. After meeting with various stakeholders, including cities, labor groups, and environmental interests, the Governor is informally declaring his intent to withdraw the proposal. Staff will update the Council on August 22nd regarding any formal determinations.
In May, Governor Jerry Brown proposed a trailer bill to the May 2016-17 State budget revision that would streamline the approval of certain multifamily housing projects that include a portion of deed-restricted affordable units, bypassing environmental and other regularly required review processes. The idea was to give certain multifamily projects “by right” entitlement to develop, thereby removing a local government’s discretionary authority to reject such projects and shortening the approval process. The City Council provided comments (Attachment A) on an early version of the bill and in response to comments like these, the Governor’s office both agreed to make changes, and to subject the bill to review by the Legislature outside of the budget process. Separately, the legislature has been working on three bills regarding secondary housing units, which are summarized below and will be shared by staff with Council.
- SB 1069 would repeal a local government’s ability to prohibit second units and prohibit local agencies from imposing a parking requirement on new second units in some instances. Also, under the current version SB 1069, ADUs cannot be considered new residential uses for the purposes of calculating private or public utility connection fees
- AB 2406 would define a “junior accessory dwelling unit” as a unit created by repurposing existing, spare bedrooms and creating a small, simple and flexible type of in-law apartment within the current building envelop. The bill would prohibit requiring additional parking, and eliminates requirements for fire separation and fire sprinklers, as the in-law apartment stays connected to the main living area through an adjoining door. As of August 9th, an urgency clause was added, meaning the bill will take effect immediately if and when the Governor signs the bill.
- AB 2501 (Bloom) would prohibit local agencies from requiring additional studies (like Palo Alto’s pro forma requirement) when considering requests for concessions under the State Density Bonus Law. The bill does allow local governments to require reasonable documentation when a density bonus is requested.
Where: Palo Alto City Council
When: August 22, 2016, 6:00pm
Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/53494
Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/53483
East Side Union School District
Proposed agreement with KIPP Charter School for ground lease of District land to build a new charter school
At the February 4, 2016, Regular Board Meeting the Board authorized the Administration to enter into discussions and negotiations with KIPP San Jose Collegiate charter school for a Proposition 39 ground lease agreement for a portion of the Education Center property for the construction of public charter high school facilities by KIPP to relocate the KIPP charter school from the Independence High School site to the Education Center property.
KIPP has proposed to enter into a long term lease agreement with the District for approximately 2.3 acres (101,000 square feet) of land at the District’s education Center (830 N. Capitol Avenue) to meet KIPP San Jose Collegiate’s Prop. 39 facilities needs on a long term basis. Under such an arrangement KIPP would construct its own school facilities on the land for use as KIPP’s charter school facilities.
The District and KIPP have been working towards and have made substantial progress on a formal written agreement for consideration and approval by the Board. The material terms of the proposed agreement include the following:
A 180 day contingency period from the date of execution of the lease during which time KIPP shall satisfy itself that: (i) it can obtain financing for construction of facilities for its public charter school site on the site, (ii) the physical, environmental, and legal condition of the property, as well as all other related factors, are satisfactory to KIPP and make it feasible for KIPP to construct its project on the property and organize and operate its school there; and (iii) that all approvals required by any governmental entity with jurisdiction needed in KIPP’s judgment to allow KIPP to construct the facility and utilize it for its school have been obtained.
KIPP would construct a school facility of approximately 101,000 square feet on the site for KIPP’s grade 9-12 program. KIPP shall pay and be responsible for all costs of construction and shall agree to abide by the Project Labor Agreement.
The use of the premises and facilities would be limited to a public charter high school serving grades 9-12, with an enrollment cap of 800. KIPP’s in-district ADA shall comprise not less than 51% of its total classroom ADA.
The facilities design and construction shall be to the same building and safety standards for public classroom facilities and will be subject to review & approval of the Division of the State Architect (DSA).
The agreement would be for a term of Twenty Five (25) years with three options to renew the term for 5 years each (total possible lease term of 40 years).
KIPP shall pay rent to the District of $_____ per square foot per year (approx. $______ per year) in lieu of its pro rata facilities share under Prop. 39 and KIPP shall pay its own utilities and operating expenses and shall be responsible for maintaining and repairing the facility and improvements.
KIPP shall commence paying rent under the lease on the earlier of: (i) the date that KIPP substantially completes construction of its facility improvements and is using the improvements; or (ii) July 1, 2018.
Rent shall be adjusted in accordance with the Consumer Price Index every five years after the rent commencement, provided that any CPI increase shall be no less than 3% and no greater than 10%.
The District will provide temporary housing to KIPP on the Independence site during the construction period, subject to the terms of the existing Facilities Use Agreement.
So long as the lease is in effect KIPP will not seek or have the right to obtain additional facilities from the District pursuant to Proposition 39 for KIPP San Jose Collegiate charter school.
KIPP may pledge its interest in the lease as security for financing for the construction and equipping of its facilities, but shall not encumber the District’s title interest in the Education Center site.
At the end of the lease term title in all facilities built by KIPP will vest in the District.
Where: East Side Union School District Board of Trustees
When: Aug. 18, 2016, 4 pm
Link to item: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=ACG25B007BC5
Link to agenda: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AC8VCY802A3E
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