Policy Watch: Week of 1/9

County of Santa Clara

Report on County contracting policies, including pay equity, living wage, DBE contracting & Ariba implementation

The Committee will receive a report on Countywide contracting, including proposed policy revisions and contract language related to Pay Equity and Living Wage policies. The proposed living wage changes include an expansion of applicable solicitation types covered by the policy to all formal competitive procurement methods, as well as updates to the table of living wage rates.

Where:    Santa Clara County Finance and Government Operations Committee

When:  January 12, 2017, 2:00 pm, Board of Supervisors’ Chambers

Link to item:   http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=8264&MediaPosition=&ID=84228&CssClass=

Link to agenda:   http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8264

Approval of funding to provide TOP course to residents who are homeless or in supportive housing

Possible action:

  1. Approve Agreement with Working Partnerships USA to help homeless veterans and other homeless persons obtain long-term employment in an amount not to exceed $308,625 for period December 15, 2016 through June 30, 2019, that has been reviewed and approved by County Counsel as to form and legality. A single source exception to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board of Supervisors Policy 5.6.5.1(D)(2)(a).
  2. Approve no-cost Memorandum of Understanding with Destination: Home, a program of The Health Trust, relating to the development of employment programs for homeless persons who are participating in supportive housing programs for period January 1, 2017 through June 30, 2019, that has been reviewed and approved by County Counsel as to form and legality.

Where: Santa Clara County Board of Supervisors

When: Jan. 10, 2017, 9:30 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=8359&MediaPosition=&ID=84465&CssClass=     

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8359

 

Update & next steps on plan for outreach and support to immigrant community

At its December 6, 2016 meeting, the Board directed Administration and County Counsel to present a plan to provide community outreach and legal representation to individuals who may be targeted for deportation by the incoming federal administration.  Administration and County Counsel provided an initial report on December 13, 2016.  This report constitutes the second installment in what is expected to be an ongoing process. Details and proposed activities are included in the report.

There are no fiscal implications associated with receiving this report.  However, implementing a plan to provide community outreach and legal representation will require funding for the dissemination of informational materials, the development of a mass media strategy, and the placement of paid media communications, as well as support for immigration-related legal representation.

Based on service providers’ initial assessment, a total of $1.5 million over two years would be requested for immigration-related community outreach and legal representation, with the expectation of receiving matching funds from foundations and the private sector, for a total investment of $3 million.

Administration estimates that it may be possible to redirect up to $500,000 of existing funds towards initial efforts.  Additionally, some of the County’s costs of providing outreach and legal representation may ultimately be offset by leveraging potential resources from the State and from cities and school districts within the County.

At the Board’s direction, County Counsel and Administration would engage in the informal competitive process described in our last report to solicit and evaluate proposals from interested organizations and determine the appropriate allocation of funding among the different organizations and categories of services needed.  County Counsel and Administration would then negotiate agreements containing appropriate outcomes-based performance metrics as directed by the Board, and bring those contracts back to the Board for approval.

Where: Santa Clara County Board of Supervisors

When: Jan. 10, 2017, 9:30 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=8359&MediaPosition=&ID=84581&CssClass=     

Link to agenda:  http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8359

 

City of San Jose

Update CED workplan to add Construction Tax Modernization report to 1/23 agenda

Approve an amendment to the August – December 2016 Workplan for the Community and Economic Development Committee (CEDC) as indicated below:

  • Drop “Development Services Improvement Workplan/Quarterly Update” from January 23, 2017 agenda which was previously deferred from the December 26, 2016 agenda.
  • For the December 26, 2016 meeting (deferred to January 23, 2017), add “Report on Construction Tax Modernization ” to the agenda. The Jan. 23 meeting will be held at 1:30 pm in the Wing Conference Rooms 118-120.

Where:  San Jose Rules Committee

When: Jan. 11, 2017, 2:00pm, W118-120

Link to item:  http://sanjose.granicus.com/MetaViewer.php?meta_id=610476

Link to agenda:  http://www.sanjoseca.gov/DocumentCenter/View/65243

 

Final adoption of downtown high-rise incentive; adding Council-directed language on apprentice hire & targeted hire

Final adoption of ordinance expanding the suspension program for the collection of a portion of construction taxes on downtown high-rise developments.

The ordinance has been modified to incorporate the direction given by Council on Dec. 13. The following text has been added:

  1. Any person who enters into a Project Completion Agreement for the tax suspension pursuant to Subsection C.5 of this Section is encouraged to make good faith efforts to:
  2. Comply with the State of California’s apprenticeship program requirement that at least sixteen point seven percent (16.7%) of the hours worked on the Downtown High Rise Residential Structure must be worked by registered apprentices from approved apprenticeship training programs;
  3. Ensure that twenty-five percent (25%) of the registered apprentices working on the Downtown High Residential Structure have a barrier to employment such as being homeless, a veteran or an at-risk youth; and
  4. Post or cause the posting of bids for subcontracting work on the Downtown High Rise Residential Structure on websites such as the Bay Area Builders Exchange in order for subcontractors to be able to access work for workers in the nine Bay Area counties.

Where:   San Jose City Council

When:  Jan. 10, 2017, 1:30 pm

Link to (b): http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2666&meta_id=609889

Link to agenda:    http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=62fdf514-0da9-48df-9977-842b25d4d68d

 

MEMO from Liccardo et al recommending to id 1-time funding & develop strategy responding to immigrant needs

Memo from Mayor Liccardo & Council Members Peralez, Carrasco, Arenas and Jimenez recommends that Council direct the City Manager and City Attorney to

  1. Identify one-time funding through the mid-year budget process such that, if Council approves that funding in February, Staff can begin implementation of a coordinated response, and
  2. Return to council with a comprehensive strategy to explore, among other potential remedies, a coordinated communication campaign, Capacity Building and Streamlining Legal Defense for Families and Youth (focus on working w/ school districts), exploring whether the City can pass an ordinance strengthening faith-based shelters to provide sanctuary to immigrants, and prioritizing aspects of the Welcoming San Jose Plan that directly affect immigrant communities and their interactions with City services. (More details in memo).

Original item:

(a) Direct the City Manager to prioritize recommendations #4, #6, #8, #13, and #14 of the Welcoming San Jose Plan to address the immediate needs that have been identified from the arrival of a new Federal Administration and to coordinate efforts with the Santa Clara County Office of Immigrant Relations.

(b) Direct the City Attorney’s Office to coordinate with the County’s Counsel to coordinate legal advocacy efforts with other municipalities nationwide.

Excerpt from CMs’ memo: As unclear as the future may be, it is important that the San Jose Office of Immigrant Affairs and the Santa Clara County Office of Immigrant Relations continue to work closely towards establishing a support system with clear direction, for our immigrant residents, which will allow them to live peacefully without fear. The total financial and social implications for the City of San Jose are still unclear, however, the impact these deportations will have on the separation of families would be immense. The Office of Immigrant Affairs was funded with one-time funding in the FY 15-16 budget process. Continued funding of the Office of Immigrant Affairs will come before the Council during the FY 2017-2018 budget process. By approving the necessary recommendations, we as a city, will be taking the first step in ensuring our commitment to protecting all our residents, regardless of immigration status

Where: San Jose City Council

When: Jan. 10, 2017, 1:30 pm

Link to Liccardo et al memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2666&meta_id=610486

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2666&meta_id=609389     

Link to agenda:  http://sanjose.granicus.com/MetaViewer.php?meta_id=608695

 

DROPPED – Direction on Measure E implementation & City’s legal obligations / leeway

ITEM DROPPED –  As recommended by the Rules and Open Government Committee on December 14, 2016, direct the City Attorney and City Manager to move forward with the implementation of Measure E and the public information efforts including the following:

(a) Provide analysis of the “right to cure” which includes how employers can cure and how much time is provided to do so.

(b) Provide analysis and define the terms in items #3, #4, #5 and #6 of Councilmember Khamis’ memorandum dated December 8, 2016.

Items #3, 4, 5, and 6 are:

  1. What constitutes a “good faith” effort to comply with the Measure for purposes of section 4.101.080 Hardship Exemption, or the latitude the City may have in judging what is or is not “good faith” compliance.
  2. Possible interpretations of the “operate under the same franchise” language in section 4.101.090.
  3. For Welfare-to-Work participants, the possible forms a “written statement” to opt “out of the coverage of 4.101.040” may take.
  4. City’s enforcement obligations under the measure.

Where:   San Jose City Council

When:   Jan. 10, 2017, 1:30 pm

Link to item:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2666&meta_id=609391

Link to agenda:   http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=62fdf514-0da9-48df-9977-842b25d4d68d

 

City of Santa Clara

Special Council meeting to discuss City Attorney’s resignation, interim replacement 

City Attorney Richard “Ren” Nosky quit abruptly on December 30, 2016 accepting a job in private practice with Berliner Cohen. The City Council has called a special closed session meeting regarding appointment of an Interim City Attorney.

Where: Santa Clara City Council

When: Jan. 9, 2017, 3 pm

Link to news article: http://www.mercurynews.com/2017/01/06/santa-clara-city-attorney-ren-nosky-quits-in-the-middle-of-his-job-review/     

Link to agenda:  http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1940&doctype=AGENDA

 

City of Sunnyvale

Annual public hearing on proposed Study Issues for 2017; proposals include rent control, EV charging stations, new City revenue sources

Council typically reviews all study and budget issues once a year at the Annual Public Hearing which provides the opportunity for members of the public to comment on proposed issues for study or budget consideration, and/or to suggest potential new issues. The public testimony for study and budget issues is held during the January 10, 2017 City Council meeting.

Issues proposed by the public must be sponsored by at least two Councilmembers in order to be considered at the Study/Budget Issues Workshop. Should new issues be added during the January 10 Public Hearing, those issue papers will be developed and distributed to Council as soon as possible prior to the February 17 Workshop. The deadline for Council-initiated study or budget issue papers this year is January 27- three weeks prior to the Workshop.

On February 17, 2017, Council will conduct a workshop devoted to a review of all proposed study and budget issues. At the workshop, Council will rank study issues for completion during 2017 and will identify budget issues to be forwarded to the City Manager for consideration in the FY 2017/18 budget.

Study Issues currently proposed include:

  • Downtown Development Policies for Parking
  • Consideration of Usable Open Space in Required Front Yards
  • Height Regulations to Accommodate Architectural Style
  • Exploring Options for Establishment of a Plaque Program for Heritage Resources
  • Increase Availability of Electric Vehicle Charging Stations in Private and Public Parking Facilities
  • Rent Stabilization for Mobile Home Parks
  • Consider Revising Certain Requirements of Sunnyvale Municipal Code Chapter 19.72: Mobile Home Park Conversions
  • Explore Introduction of a Rent Stabilization Ordinance
  • Evaluation of the Residential Single-Story Combining District Process
  • Eco-district Feasibility and Incentives
  • Eliminate the Use of Chemical Pesticides on City Owned or Leased Property
  • Evaluation of New Revenue Strategies to Fund New and Increasing Service Demands and/or Unfunded Capital Investments
  • Potential Membership in the Global Network of Age-Friendly Cities and Communities (GNAFCC)
  • Storing Outdoor Dining Furniture Overnight on Sidewalks on Murphy Avenue
  • Regulation of Marijuana Cultivation in the City of Sunnyvale for Research and Development and Medical Marijuana Cultivation for Personal Use
  • Bicycle and Pedestrian Collision Analysis
  • Pilot Bicycle Boulevard Project on East-West and North-South Routes
  • Consider Sunnyvale Municipal Code Amendments to Clarify, Strengthen and Enforce Tree Preservation and Tree Planting Requirements within Right of Way and Public and Private Property
  • Develop Implementation Standards for Cycle Tracks / Separated Bikeways
  • Develop Implementation Standards for “Bicycles May Use Full Lane” Regulatory Sign
  • Orchard Heritage Park and Heritage Park Museum – Analysis and Options for the Long-Term Operations and Maintenance of Orchard Heritage Park and Review of the Sunnyvale Historical Society and Museum Association Proposed Expansion of the Sunnyvale Heritage Park Museum Site
  • Develop Mobile Version of Sunnyvale Bicycle Map
  • Exploration of Creating Usable Open Space over Portions of Central Expressway

Study Issue papers are available at: http://sunnyvale.ca.gov/CityGovernment/StudyIssues/2017StudyIssues.aspx

It is important to note that the City Council will be holding a separate public hearing on City Council Policy and Operational priorities on January 26 and 27. During the two day strategic session, City Council will be presented with internal operating priorities and the status of its adopted policy priorities.

Where: Sunnyvale City Council

When: Jan. 10, 2017, 7 pm

Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=2910119&GUID=A18DEBA0-A9EE-4CD4-8566-6A0F53B33193     

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=455212&GUID=87A0E84E-988C-4BD4-B00E-D7BE6CC368AA

City of Palo Alto

Appointing candidate to unscheduled vacancy on Planning and Transportation Commission

Staff are recommending that Council discuss the unscheduled vacancy on the Planning and Transportation Commission (PTC) and either vote to appoint one of the candidates that have already been interviewed to the vacant term; direct staff to schedule interviews with candidates from the last PTC recruitment conducted in the Fall of 2016; or direct staff to conduct a special recruitment to seek new applications for the PTC. Should Council decide to make an appointment from candidates previously interviewed, this appointment can take place on January 9, 2017.

The 12 PTC Candidates are as follows:

  1. Eisenberg, Rebecca
  2. Ezran, Claude
  3. Hamachek, Brian
  4. Hirsch, David
  5. Ingle, Frank
  6. Kachenko, Natasha
  7. Kralik, Gabriel
  8. Kraus, Michelle
  9. Pease, Christian
  10. Resmini, Jessica
  11. Singh, Reshma
  12. Subramanian, Srinivasan

Where: Palo Alto City Council

When: January 9, 2017, 6:00pm

Link to item: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=55305

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=55312

 

Receiving $1.1M FTA grant in support of Fair Value Commuting (FVC) collaboration w/ Joint Venture, SPUR, Bay Area Council, VTA, Lyft, Google, Microsoft & local govs

Staff is recommending that Council authorize the City Manager to execute and file an application for federal assistance on behalf of the City of Palo Alto with the Federal Transit

Administration (FTA) in support of the City’s Fair Value Commuting (FVC) proposal to the FTA’s Mobility on Demand (MOD) Sandbox. Staff is also recommending that Council authorize the City Manager to develop contract terms with FTA, develop agreements with participating agencies and contractors, and direct staff to return to Council for approval of final contract documents.

In conjunction with Joint Venture Silicon Valley (JVSV) and 31 Consortium Supporters, the City of Palo Alto has been awarded a $1,085,000.00 grant to administer, manage and participate in the Fair Value Commuting (FVC) Program. Key Partners in the grant application include: Joint Venture, Redwood City, City of Fremont, City of Mountain View, San Mateo County, City of Cupertino, RideAmigos, Luum, Moovel, Lyft, GenZe, EcoReco, Microsoft, Google, Commute.org, C/CAG, samTrans, VTA, Bay Area Council, Transportation for America, Palo Alto Transportation Management Association (TMA), SPUR.

FVC is a public/private sector partnership program intended to reduce single occupancy vehicle (SOV) commute share. The project will: a) collaborate directly with vendors that contribute to FVC by enhancing software /hardware feature sets and interoperability, b) pilot FVC at 11 employers with more than 27,000 employees, and c) collaboratively analyze commute patterns and develop/pilot gap-filling strategies such as peer-to-peer ridesharing and e-bike/scooter loan-to-own.

FVC consists of five components; among them are “Mobility Aggregation” (MobAg), which integrates mobility-on-demand products such as Lyft line, UberPOOL, Waze Carpool, Scoop, ZipCar, and Car2Go, and “Gap Filling” analytics to identify alternatives such as Lyft/Uber services that integrate with public transit by providing first/last mile.

FTA provided notice in October 2016 that Palo Alto and its partners were one of eleven recipients approved for this program. Development of the cooperative agreement with FTA represents the next step.

Where: Palo Alto City Council

When: January 9, 2017, 6:00pm

Link to item: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=55316

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=55312

 

Second Reading of Housing Impact Fee Ordinance, including Council amendment reducing Impact Fee from $50 to $20 per sq. ft.

Staff is recommending that Council conduct a second reading and adopt 2 ordinances – the Below Market Rate Housing Ordinance and a related Fee Ordinance, updating the housing impact and in-lieu fees for new development projects. The ordinance establishing housing impact fees and housing in-lieu fees has been modified to incorporate the Council’s amendment, which changed the Impact Fee proposed per Square Foot of Net New Residential Floor Area for Apartments from $50 to $20 in the table on p. 5. If approved, both ordinances would become effective in 60 days. The staff report from December 12th is available at: http://www.cityofpaloalto.org/civicax/filebank/documents/55042.

The proposed ordinances, as originally written, would rescind and replace sections of the City’s Municipal Code governing inclusionary housing as well as the collection of the affordable housing impact fees charged to commercial development and the housing in lieu fees charged to residential development. If adopted, the proposed ordinances would:

  • increase fees charged to new office/R&D development from $20.37 to $60 per square foot;
  • increase fees charged to new hotel development from $20.37 to $30 per square foot;
  • maintain fees charged to retail/other commercial development at $20.37 per square foot;
  • institute an impact fee for new market rate rental housing of $50 per square foot;
  • modify the in lieu fee for new market rate for-sale housing so that it is no longer calculated at the time of sale (7.5% of the sale price), and is instead collected at the time of building permit issuance, similar to an impact fee ($50 per square foot);
  • modify the in lieu housing requirement for new market rate for-sale housing so that it is triggered when a development includes three or more dwellings, rather than five or more dwellings and so that there is clarity about when fees can be paid instead of providing units on- or off-site; and
  • introduce other provisions to encourage developers to provide affordable housing rather than pay the fees.

Where: Palo Alto City Council

When: January 9, 2017, 6:00pm

Link to item: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=55307

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?BlobID=55312

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