Policy Watch: Week of 9/5

County of Santa Clara

Consider recommendations & direction on pay equity and wage theft

Possible action:

  1. Receive report from Office of the County Executive and Office of the County Counsel relating to the State’s audit on county pay practices and proposed policy changes related to pay equity for County employees and contractors.
  2. 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.

In addition, Chairperson Simitian requested an off-agenda report to the FGOC relating to alternative approaches to expedite wage-theft and discrimination-dispute resolution.  Supervisor Chavez requested that the Administration and County Counsel present possible actions that the County could take in response to notification that an administrative agency (as opposed to a court) had determined that a County contractor or subcontractor may have violated a law pertaining to equal opportunity or nondiscrimination.

 

The Administration recommends waiting to receive a final court judgment, if any, against the employer, before taking any action on the contract.

As an alternative to, or in addition to, suspending or terminating County contracts with contractors that violate equal opportunity or nondiscrimination laws, the County could explore utilization of business licenses and other regulatory authority to ensure that all businesses in the County’s unincorporated areas meet County standards—such as compliance with pay-equity and wage-theft-prevention laws.

If the Board is interested in exploring a business-license requirement or the utilization of other regulatory authority to ensure that businesses comply with County standards, the Administration and County Counsel can prepare a report-back and/or proposed ordinance for the Board’s consideration.

Where: Santa Clara County Finance & Government Operations Cmte

When:  Sept. 8, 2016, 2 pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7337&MediaPosition=&ID=82599&CssClass=

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7337

 

Next steps on use & planning for County-owned lands

In this report, the Administration is presenting its current efforts in space and master planning as well as asset development in order to stimulate a Board discussion about what form and dimensions should the County’s participation in real property acquisitions and development activities take in order to satisfy the Board’s expectations of the County’s role.

Board members have expressed support for these strategies:

  • Using our assets and land to generate renewable energy and reduce GHG emissions.
  • Avoiding selling surplus property in favor of leasing property to generate a revenue stream for the General Fund.
  • Supporting certain County purposes, such as, Supportive Housing and Emergency Winter Shelters through development deals or by making available County property.
  • Supporting non-profits whose missions are aligned with the County’s mission through long-term Below Fair Market Value leases.
  • Developing specific County properties including the Civic Center, the Fairgrounds, and Reid-Hillview Airport at the corner of Capitol Expressway and Tully Road.

Note: In the FY2017 Recommended Budget, the Administration funded preparation of an RFQ/RFP for one or more possible public-private partnerships to develop all or portions of a mixed-use project on the approximately 11 acres remaining at the former Downtown San Jose Hospital site.

Where: Santa Clara County Finance & Government Operations Cmte

When:  Sept. 8, 2016, 2 pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=7337&MediaPosition=&ID=82535&CssClass=

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=7337 

 

City of San Jose

Housing Commission input on ARO amendments

The Commission will provide input and potential recommendation to the City Council to approve the revised amendment to the regulations implementing the Interim ARO.

On August 30, 2016, the City Council approved the draft Interim Regulations of the Interim Apartment Rent Ordinance. The attached supplemental memorandum (p. 18) describes the changes that were made to the Interim Regulations as a result of HCDC discussion. Additionally, substantive comments were received from the Law Foundation of Silicon Valley and the Tri-County Division of the California Apartment Association after the final draft of the regulations were complete.

In response to the substantive comments from the Law Foundation of Silicon Valley and the TriCounty Division of the California Apartment Association, portions of the interim regulations have been revised to provide greater clarity regarding noticing, tenant response to a fair return petition, supporting documents and reasonable expenses. Staff is providing the Revised Interim Regulations to the HCDC for additional questions, comments, and to solicit additional input from members of the public. The Revised Interim Regulations will be recommended to the City Council for approval later this month. The memorandum will include input from the September 8 HCDC meeting.

Where:  San Jose Housing Commission

When: September 8, 2016, 5:45PM, Wing Rooms 118-120

Link to agenda:   http://sanjoseca.gov/DocumentCenter/View/60382

 

Report and direction on VTA sales tax and Diridon Station planning

Quarterly status report on regional transportation funding, programs, and projects of interest to the City of San José involving other regional, state and federal agencies.

In June 2016, the VTA Board of Directors placed a half-cent, 30-year sales tax measure on the November 2016 ballot to fund transportation improvements totaling $6.314 billion.

The following areas represent the major programmatic areas:

  • Regional Rail – High Speed Rail, BART Phase I and II, Caltrain Electrification
  • Diridon Station – Station Planning, Station Area Development, Parking & Access
  • Local Transit – Santa Clara/Alum Rock BRT, VTA Next Network (Bus service evaluation)
  • Regional Highways – 101/Mabury, 101 Zanlcer, 101/Trimble, 101/Blossom Hill, 280/Winchester, 880 Charcot, North San Jose regional roadway mitigations

Staff will be present at the T&E Committee meeting and will focus its presentation on the Diridon Station Inter-Agency Working Group effort to develop and deliver on the vision approved in the Diridon Station Area Master Plan approved by the City Council in June 2014. Major elements to be discussed include intermodal station planning, parking and access , strategies, development planning and strategies, major rail project delivery (HSR, BART, Caltrain), inter-agency working agreements, and governance. It will be important for the Committee to understand the magnitude of the planning and development effort and the significant, transformational opportunity for San Jose.

Where:    San Jose Transportation & Environment Committee

When:  1:30 p.m. September 12, 2016 Wing 118/119/120

Link to item:   http://sanjose.granicus.com/MetaViewer.php?meta_id=590382

Link to agenda:   http://sanjoseca.gov/DocumentCenter/View/60399

 

Council Members Kalra and Peralez proposing a gun violence prevention ordinance

Councilmembers Kalra and Peralez recommend that the City Manager come back to Council with a gun safety ordinance including the following provisions:

  1. Require gun owners to safely store firearms that are kept in the home in a locked container or disabled with a trigger lock.
  2. Require firearms stored in unattended vehicles to be secured in a mounted lock box.
  3. Require gun owners to report the loss or theft of a firearm within 48 hours of the time that the owner knows or reasonably should know that a firearm is lost or stolen.
  4. Require ammunition vendors within one year of the effective date of this ordinance to keep records of ammunition sales data in the form of an electronic log.

Background: The proposed measures have the endorsement of over 30 individuals, organizations, and elected leaders in San Jose and are reflective of the diverse population of the City. Sunnyvale has been successful in passing similar measures, two which were challenged and upheld in court in 2013.

Where:   San Jose Rules and Open Government Committee

When:  2:00 P.M. September 7, 2016 Wing 118-120

Link to memo:   http://sanjose.granicus.com/MetaViewer.php?meta_id=590828

Link to Safe Cities Coalition Letter: http://sanjose.granicus.com/MetaViewer.php?meta_id=590830

Link to related docs:   http://sanjose.granicus.com/MetaViewer.php?meta_id=590832

Link to agenda:   http://www.sanjoseca.gov/DocumentCenter/View/60395

 

Informational meeting on proposed new San Jose Clean Energy CCA

San José is considering establishing a renewable energy utility. San José Clean Energy (SJCE), a Community Choice Aggregation (CCA) program, would establish an alternate electric utility providing a mix of energy options for San José residents and businesses. If established, SJCE buys the power, sets rates, and sets spending priorities. PG&E continues to maintain the transmission lines and bill the customer.

Where: City of San Jose

When:  Sept 12, 2016, 6:30 pm, San José City Hall

Link to item:  http://www.sanjoseca.gov/civicalerts.aspx?AID=1597

 

Redevelopment of Winchester Ranch Mobilehome Park

Discuss owner’s proposal for redevelopment of the site and relocation assistance for the current residents.

Where:    San Jose Housing Commission

When: September 8, 2016,  5:45PM, Wing Rooms 118-120

Link to item: n/a

Link to agenda:   http://sanjoseca.gov/DocumentCenter/View/60382

 

City of Mountain View

Study session to inform 368-acre East Whisman Precise Plan

Staff is requesting policy direction and guidance from Council on the East Whisman Precise Plan (EWPP) vision, land use locations, and intensities.

Plan Background. The 368-acre East Whisman Precise Plan area is bounded by the U.S. 101 freeway and NASA Ames/Moffett Field to the north, Sunnyvale city limits to the east, Central Expressway to the south, and Whisman Road to the west. The VTA light rail line travels north-south in the plan area with one station in the boundary—Middlefield Station—and two stations just outside the plan area—Whisman and Bayshore/NASA Station.

Currently, the EWPP area includes 5.6 million s.f of office and industrial-to-office conversions, and no residential land uses. The existing 2030 General Plan assumes the development of 1.15 million new sf office (for which approximately 200,000 sf remain), and no housing. Therefore, any conversion of land to residential will result in the loss of potential land area for office uses. The preliminary residential plan concepts show a possible range between approximately 20 acres to 110 acres (out of a total of 368 acres).

Recognizing there is a relationship between office and residential land uses, staff is seeking City Council direction on land use preferences for the EWPP. Question #1 for the Council is: What is the City Council’s preference for how residential and office land uses are integrated in the EWPP area?

  1. No Changes—Do not add residential land use and maintain existing land area for office uses.
  2. Increase Office Intensity—Do not add residential land use and increase office intensity.
  3. Add Residential—Add residential land use and maintain existing office intensity.
  4. Increase Office Intensity and Add Residential—Add residential land use and increase office intensity.

Key milestones for the plan thus far include:

  • The City Council accepted a VTA Priority Development Area (PDA) Planning Grant in June 2015 to fund the Plan. The grant supports planning efforts that encourage housing and employment growth near public transportation in the County. As part of the grant, the City will expand the existing Whisman Station PDA boundary to include the EWPP area. The grant funds the Precise Plan consultant team: Community Design + Architecture (CD+A), Raimi + Associates, Strategic Economics, and Fehr + Peers.
  • On March 22, 2016, City Council authorized City staff to enter into a contract with David J. Powers & Associates for preparation of an Environmental Impact Report (EIR) for the Precise Plan. Work on the environmental review will begin after a preferred East Whisman Precise Plan development alternative has been endorsed by the Environmental Planning Commission (EPC) and City Council in early 2017.

Next steps: Following the City Council Study Session, the second community workshop will be held in November. After the workshop, staff will return to the EPC and City Council for selection of a preferred development alternative; these meetings are targeted for December 2016 and January 2017, respectively. The Precise Plan is expected to be completed in two years—by mid-2018.

Where: Mountain View City Council

When: September 6, 2016, 5:00pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=2825484&GUID=5B1C0C13-50B9-42B4-B842-39CAB35FBC43

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=452516&GUID=8FFBD08C-66D7-42EA-8A1F-D469362BB9BC

 

City of Cupertino

Approving Development Agreement w/ De Anza Ventures for redevelopment of Marina Foods into hotel, retail & apartment complex

The Planning Commission is recommending that Council approve a Development Agreement with De Anza Ventures, LLC, along with relevant permits, and environmental analysis, for the redevelopment of Marina Foods into a 122-room hotel, two mixed-use buildings with approximately 22,600 square feet of commercial space and 188 apartments with associated underground and surface parking. The project proposes 16 units as very low income, below market rate units, making the project eligible for density bonus in a Planned General Commercial/Residential Zoning District. This project requires a tree removal permit to remove and replace 90 trees. A Mitigated Negative Declaration (MND) is recommended by the Planning Commission.

The site is identified as a “Priority Housing Element Site” in the Housing Element, with an allocation of 200 dwelling units. The project proposes 188 units, and provides a unit mixture of one (83) and two-bedroom (105) units. Of the 188 units, 16 units will be below market rate (BMR) units. Because the project proposes to incorporate 11 percent very low income (VLI) BMR units, state density bonus law and the City’s density bonus ordinance allow for the project to have a density bonus of 35 percent above the regularly required density bonus, which is 35%. By utilizing the density bonus, the project has a residential yield of 188 units at a density of approximately 47 du/ac.

By incorporating BMR units into the project, the Applicant shall enter into an Affordable Housing

Agreement, which provides provisions for the 16 BMR units including a term of fifty-five years from the issuance of final occupancy for the Project, or the date the Project buildings are either demolished or converted to a non-residential use by the Developer.

Other key components of the Development Agreement include: agreement with Fremont Union High School and Cupertino Union School District to provide annual contribution of $18,000 and $46,000 respectively, use of Hotel Room five (5) days a year by each district, and the use of the community room in the Hotel; agreement to pay a one-time fee and an annual fee of $50,000 to the City for starting up a Transportation Management Association; $150,000 for public improvements including bicycle, pedestrian, and bus shelter improvements; agreement to share hotel conference rooms with the City; and agreement to require contractors and subcontractors to ensure the local sales/use tax from the construction of the Project is allocated to the City to the fullest extent possible.

Where: Cupertino City Council

When: September 6, 2016, 6:45pm

Link to item: https://cupertino.legistar.com/LegislationDetail.aspx?ID=2823890&GUID=8D1B56F9-5665-4765-8734-0793C4AB84F9

Link to agenda: https://cupertino.legistar.com/View.ashx?M=A&ID=444221&GUID=70A64BB4-53B5-4B2D-8189-C2040B1BCD08

 

City of Milpitas

General Plan Update kickoff meeting; direction on process & formation of General Plan Advisory Committee

Staff are presenting a status report on the General Plan Update process and seeking direction from Council on the composition of and recruitment for a General Plan Advisory Committee.  The Council is encouraged to ask questions about the work plan, GPAC formation and purpose, pending tasks, and provide input on key issues that the General Plan Update should address.

On October 6, 2015, Council approved a $1.2 million appropriation to fund the General Plan Update process, and on April 5, 2016, City Council approved a contract with DeNovo Planning Group for this same amount. DeNovo has begun and will report on the initial work on this project, which will include an in depth discussion on Land Use, Housing (already adopted, not a part of this program), Circulation, Noise, Safety, Conservation and Open Space, Air Quality and Energy, Community Design, Economic and Fiscal Sustainability, Flood Management, Parks and Recreation, Water and Implementation. This process is expected to take 2 to 2.5 years to complete.

A critical outreach component of this process is the formation of and participation of the General Plan Advisory Committee (GPAC). The GPAC will meet approximately 15 times over the course of the project and its primary role will be to provide input and guidance of the range of issues and topics covered in the General Plan. The GPAC will review draft goals, policies, and actions items developed for each General Plan element, and will serve as community liaisons and project ambassadors in order to ensure that the General Plan reflects the needs and concerns of the entire community.

Staff and the consultant team recommend that the GPAC consist of approx. 15 members. The Council may wish to consider the appointment of members from the following:

 Bicycle Pedestrian Advisory Commission (BPAC)

 Economic Development Commission

 Development Community

 Neighborhood Organizations

 Civic Organizations

 Residents at-large

 Local Business Leaders or Organizations

The first community-wide Visioning Workshop is scheduled for Sept. 22, 6:30-8:30 pm at the Milpitas Senior Center Community Room, 40 N. Milpitas Blvd.

Where: Milpitas City Council

When: September 6, 2016, 7:00pm

Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/090616/Item_10.pdf

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2016/090616/agenda.pdf

 

West Valley-Mission Community College District

Special meeting regarding potential collaboration with Irvine Co to build affordable housing on Mission College campus

The Irvine Company will present information regarding a proposed collaboration with the West Valley-Mission Community College District to develop an affordable housing complex on the Mission College Campus. Units in the complex would available for rental by employees of the District.

No action will be taken at this meeting.

Where: West Valley Mission Board of Trustees

When:  Sept. 8, 2016, 5:30 pm

Link to agenda packet:  http://www.wvmccd.cc.ca.us/WorkArea/DownloadAsset.aspx?id=8750

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