Policy Watch: Week of 2/6

Santa Clara County

Direction on contracting and business license policies to combat wage theft and pay inequity

The committee will receive a report on four recommendations to improve pay equity:

  • Improving pay equity reporting practices for directly-hired employees of the County.
  • Terminating current contractors and disqualifying bidders for violating equal opportunity and nondiscrimination laws.
  • Regulating businesses in unincorporated areas of the County by requiring business licenses, and making these contingent on compliance with pay equity laws.
  • Adding baby changing stations in men’s restrooms in County facilities and in buildings open to the public in the unincorporated County.

The Committee will direct the Administration on whether to move forward on any of these recommendations.

Where: Santa Clara County Children, Seniors, and Families Committee

When:  February 8, 2017, 2pm, Board of Supervisors’ Chambers

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=8337&MediaPosition=&ID=84917&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8337


Simitian requests analysis of a home-sharing program

Supervisor Simitian proposes a feasibility study of a County-facilitated home-share matching program, looking at interest in such a program, measures to prevent exploitation (especially of seniors), and any information on why the County stopped funding a similar program in the past.

Excerpt from Simitian’s memo: House sharing has the opportunity to solve two problems at once. Programs match people who have their own housing unit, either owned or rented, with an extra room and an interest in extra income with a person who is in need of housing. This type of program currently exists in both San Mateo and San Francisco Counties…. The government role, usually effected by a third-party non-profit, is often limited to a very narrow promotional, vetting and matching function, with some follow-up support provided.

The feasibility analysis should include an evaluation of possible interest in such a program. It should also include specific reference to measures that can be put in place to reduce the opportunity for any type of exploitation between the two parties. This is especially important because this type of program is likely to be attractive to some of the senior members of our community. Finally, the feasibility analysis should include any information available as to the reasons why Santa Clara County stopped funding such a program in the past, as my understanding is that a matching program was funded by the County previously.

Where: Santa Clara County Board of Supervisors

When:  February 7, 2017, 9:30am, Board of Supervisors’ Chambers

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=8490&MediaPosition=&ID=84852&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8490

2016-2017 mid-year budget review; approving uses of $65.9M fund balance

The Board will vote on. The County is on track to add approximately $165 million to the General Fund ending balance from operational savings during this fiscal year. The County also projects that in 2017-18, the termination of the Coordinated Care Initiative will shift up to $60 million in In‐Home Supportive Services costs from the State to the County. Additional funding impacts are predicted as the Trump Administration cuts back health and human services programs.

Staff have completed a reconciliation of the final FY 2015‐16 fund balance and determined that an additional $65,900,000 in fund balance is available for appropriation in FY 2016‐17, including a 2012 Measure A fund balance of $6,362,062 and regular General Fund balance of $59,537,938.  Administration is recommending that most of the fund balance be placed into various reserves. There are also recommendations to modify a total of $13 million in appropriations

Where: Santa Clara County Board of Supervisors

When:  February 7, 2017, 9:30am, Board of Supervisors’ Chambers

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=8490&MediaPosition=&ID=84654&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8490

Initial recommendations for implementing Measure A Affordable Housing Bond

This attached report is the first full report on the implementation of the Housing Bond, including recommended goals, programs, implementation timeline and resource needs.  In April or May, the Administration will provide a second report that incorporates Board direction and input from the public, including cities, the Housing Authority, supportive housing developers and service providers.

Currently, the Administration prefers issuing taxable bonds because of the additional flexibility in how and when to spend bond proceeds. In the event that the County issues tax-exempt bonds, adopting the resolution would enable the County to build a pipeline of affordable housing projects using Housing Bond funds as soon as possible. The first general obligation bonds will not be issued until approximately September 2017, and proceeds from the first issuance will be available to the County about a week after the bond issuance.  By adopting the attached resolution, the County would be able to commit proceeds from tax-exempt bonds for the development of affordable housing projects before the first bond issuance.  In addition, the County could use General Fund (or other County) dollars to fund the development of affordable housing projects before the first bond issuance, then use proceeds from the first bond issuance to repay the County’s General Fund.

If the resolution is adopted – and based on the Board’s input on Housing Bond programs – the Administration would prepare additional recommendations for the Board’s consideration in the upcoming months.  These recommendations may include:

  • A request to increase FY 2016-17 appropriations in the OSH budget to fund supportive housing projects and/or predevelopment activities (e.g., loans to developers to acquire real property);
  • Appropriation requests and other actions to facilitate the County’s acquisition of real property to be used as affordable and supportive housing; and,
  • A request to approve implementation of programs to assist first-time homebuyers.

Where: Santa Clara County Board of Supervisors

When:  Feb. 7, 2017, 9:30 am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=8490&MediaPosition=&ID=84790&CssClass=

Link to agendahttp://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8490

Ordinance to prevent discrimination against renters with Section 8 vouchers 

The Office of the County Counsel presents this ordinance in response to the Board of Supervisors December 15, 2015 approval of a set of recommendations from the Housing Task Force.  Among those recommendations was a referral to County Counsel requesting policy proposals to increase utilization of rental subsidies to advance the County’s long-term housing-policy goals.

The recommended ordinance would ensure that all persons with the ability to pay for housing, whether through their own funds or using a subsidy such as Section 8, are considered for housing.  The draft radiance language is attached to the staff report.

By adopting the proposed recommendation, the County would join dozens of jurisdictions that proscribe rental discrimination based on income source, and help to promote access to housing for all.

Where: Santa Clara County Board of Supervisors

When:  Feb. 7, 2017, 9:30 am

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=8490&MediaPosition=&ID=84952&CssClass=

Link to agendahttp://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8490

Adopting resolution condemning Trump’s anti-immigrant Executive Order 

Where: Santa Clara County Board of Supervisors

When:  Feb. 7, 2017, 9:30 am

Link to item:   n/a

Link to agendahttp://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8490

City of San Jose

Council Priority Setting Session DEFERRED

Defer Council Priority Setting Session to 2/28/17 per administration.

Priority Setting Session will include: Approving removal of eight completed priorities from the Council Priority list; approving new items for the Council Priority list; and ranking items on Council Priority list.

Where:   San Jose City Council

When: Tues. Feb. 7, 2017, 1:30pm, Council Chambers

Link to item:  n/a

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=5ba45224-cca6-4fd7-93fa-b62a4c45302d

Construction Tax Modification deferred to 2/28

DEFERRED TO 2/28/17 PER RULES COMMITTEE – As recommended by the Community and Economic Development Committee on January 23, 2017, accept the report and approve an ordinance to: Create a temporary partial suspension from the Commercial-Residential-Mobilehome Park Building Tax to achieve a rate of 1% for the following uses: (1) Office, General Business; (2) Office, Research and Development; (3) Data Center to allow the City Council the flexibility to review the uses included and verify that these sectors are being accurately represented this provision shall sunset March 31, 2022. Also authorize the City Manager or designee to compromise or settle tax refund claims for amounts between fifty thousand dollars ($50,000.00) and a threshold to be determined by the City Council in its consideration of the proposed ordinance, with the written approval of the City Attorney.

Where: San Jose City Council

When: Tues. Feb. 14, 2017, 1:30pm, Council Chambers

Link to item:  n/a

Link to agenda:  http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=94484ef0-e57d-41e8-8bdc-72400a20e596

Housing Commission recommendation on Mobilehome Park closure ordinance

It is recommended that the Housing and Community Development Commission provide a recommendation to Administration Staff regarding the Draft Mobilehome Park Closure Ordinance. The table below summarizes the main differences between the City’s Adopted Conversion Ordinance and the Draft Closure Ordinance.

San Jose’s Adopted Mobilehome Park Conversion Ordinance San Jose’s Draft Mobilehome Park Closure Ordinance
1. Used by mobilehome park owners who wish to close a mobilehome park and wish to change the use of their mobilehome park site to a new

land use.

2. Requires a CUP or PD permit.

3. Requires mobilehome park owners to negotiate with the mobilehome park residents’ association for purchase of the mobilehome park site.

4. Requires a RIR. 5. Requires Council hearing to approve or deny the proposed conversion.

6. Mobilehome park owners may request a reduction in the relocation benefits called for in the RIR, and the City may request documentation

to justify a reduction.

1. Used by mobilehome park owners who wish to close the mobilehome park and do not wish to change the use of their mobilehome park site to another land use.

2. Does not require a CUP or PD permit.

3. Does not require that the mobilehome park owner negotiate with the mobilehome park residents’ association for purchase of the mobilehome park site.

4. Requires a RIR prepared by a Relocation Specialist selected by the City.

5. Allows for a Council hearing on the sufficiency of the RIR only if requested.

6. Mobilehome park owners may request a waiver of the relocation benefits called for in the RIR, but the mobilehome park owners must provide to the City financial statements for the most recent five (5) years verified by a certified public accountant.

Next Steps:

The Department of Planning, Building and Code Enforcement intends to take this item to the Planning Commission in March, 2017 and to the full City Council in March or April of 2017. Staff intend to also bring back the General Plan Text Amendments to Council for consideration as well as amendments to Council Policy 06-33. Staff will also present to Planning Commission and Council some proposed Zoning Code amendments to the Conforming Zoning provisions in the Zoning Code so there is Planning Commission review of rezonings of parcels with mobilehome parks and to add demolition permit findings regarding relocation obligations

Where: San Jose Housing Commission

When: Thur. Feb. 9, 2017, 5:45pm, W118-120

Link to item:  Agenda packet pg. 10

Link to agenda:  http://www.sanjoseca.gov/DocumentCenter/View/65869

Council study session on Community Choice Energy 

The City of San José is exploring a Community Choice Aggregate (CCA) program, San José Clean Energy (SJCE). CCA allows local governments to pool (or aggregate) their electricity load to purchase and/or develop renewable power on behalf of their residents and businesses. Draft business plan now available at sjenvironment.org/sjce

SJCE goals:

  • Increase consumer choice
  • Offer more renewable energy
  • Lower greenhouse gas emissions
  • Create local jobs
  • Generate local economic benefits

Attend the San José City Council Study Session on Monday, February 13 at San José City Hall Council Chambers to learn more, or watch the live video stream. The public can submit questions and comments via email to sjce@sanjoseca.gov or by attending the February 13 Council Study Session.

Where: City of San Jose

When:  Feb. 13, 2017; 1:30 – 4:30 pm

Link to item: sjenvironment.org/sjce


City of Milpitas

Authorizing additional staff time to study the potential benefits of becoming a Charter City

City Council heard the distinction between General Law and Charter City status for California municipalities from the City Attorney on January 24, and now authorizes staff to spend more than four hours of time to study and report back on the matter of Charter City status.

In California, there are two types of cities: general law cities and charter cities. General law cities get their corporate powers from the general laws passed by the State legislature. Charter cities, on the other hand, get their corporate powers from the California Constitution’s “home rule” provision, which allows them to preside over all “municipal affairs,” limited only by their own charters and State law on matters of “statewide concern.” The City is studying the potential benefits of becoming a Charter City.

Where: Milpitas City Council

When: February 7, 2017, 7:00pm

Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2017/020717/Item_08.pdf

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2017/020717/agenda.pdf

Proposed Minimum Wage Ordinance to establish a two-tiered approach to $15/hour by 2019 for large businesses and 2020 for smaller businesses

Council will be receiving a report on the outcomes of the City Council Subcommittee findings regarding minimum wage increases and potential exemptions and options for small businesses, following the recommendation by the Association of Santa Clara Cities for cities across the region to raise their minimum wage to $15/hour by 2019 and a subsequent business survey conducted by Milpitas city staff to assess local businesses’ interest and ability to comply with minimum wage increases. Council may also introduce an ordinance that would establish a two-tiered minimum wage increase schedule that would require businesses with 26 or more employees to raise their minimum wage to $15/hour by July 2019, while businesses with 25 employees or less would have to raise their minimum wage to $15 by July 1, 2020. In addition, businesses with 11 locations worldwide are excluded from tier two system of $15 by 2020, and, franchise owners who have 25 or less employees within the City would qualify as a small business. Also, a waiver for collective bargaining will be in place with the exemption of employees in the property industry such as janitors, landscapers, groundskeepers, and security guards.

Following the Countywide Study on a regional minimum wage increased conducted by the Center on Wage and Employment Dynamics, the City of Milpitas directed staff to conduct additional business outreach to small businesses in Milpitas – including phone and in-person surveys and meetings with small businesses in English and Mandarin. The results of the City’s survey found that 81% would not want the City to increase the minimum wage to $15 by 2019, and that only 9% of Milpitas business owners would support the Countywide effort. The verbal and written comments for opposition of the Countywide efforts were due to financial impacts and eventual closure of small businesses, lay off of employees or reduction in employees hours, low profit margin, fierce competition with neighboring communities such as Fremont. Additional hidden costs were also a factor in opposition to the increase in minimum wage. Those cost increases include workers compensation and payroll taxes, which in total increase expenses much higher than the hourly rate analysis. However, business owners were in support of exemptions that could include number of employees. Also, employers understand that the cost of living is high for employees, but the County-wide effort was too aggressive for them.

On January 17, 2017, Council received staff’s presentation on outreach and analyzed the survey results. Based on the input from the working families in the City and also small business owners, the City Council unanimously voted to direct staff to draft an ordinance to increase the minimum wage to $15 by July 1, 2019; and to form a subcommittee represented by Vice Mayor Grilli and Councilmember Phan to explore and present options and exemptions for small businesses.

Where: Milpitas City Council

When: February 7, 2017, 7:00pm

Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2017/020717/Item_05.pdf

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2017/020717/agenda.pdf

City of Sunnyvale

Releasing RFP for broker to sell former Onizuka Air Force Station property on the open market, and amending the Moffett Park Specific Plan to allow higher floor area ratio for Onizuka parcels

Staff are recommending that Council direct staff to proceed with an RFP for real estate broker services for the Onizuka Air Force Station property at 1050 and 1060 Innovation Way on the open market, draft an amendment to the Moffett Park Specific Plan for City Council consideration at a future date to allow higher floor area ratio in connection with redevelopment of the Onizuka Parcels; and approve Budget Modification No 28 to Appropriate $20,000 for updated appraisals and a Phase I Environmental Assessment.

Other alternatives under consideration for Council action regarding the property are to negotiate directly with Foothill-De Anza Community College District for their proposed build out of their current parcel located at 1070 Innovation Way, or to conduct a feasibility study assessing other potential uses of the site.

The Onizuka Air Force Station was designated by the federal government for closure in 2005, and as part of the Base Realignment and Closure (“BRAC”) process, the City Council acted as the Onizuka Local Redevelopment Authority (“LRA”) in order to adopt a local redevelopment plan and dispose of the surplus federal property. The combined City site totals 5.02 acres (approximately 4.60 acres are developable – Attachment 1) and provides redevelopment opportunities that could benefit from its highly visible location at the entrance to Moffett Park, next to State Highway 237 and near light rail. The existing MP-I zoning for the site allows a range of uses consistent with the Moffett Park Specific Plan (MPSP), including office, industrial, commercial, lodging and public facility uses. An appraisal of the site was completed by Valbridge Property Advisors in 2015, noting the value at approximately $17 million based on the highest and best use for both parcels combined.

Proceeds from the sale would be reserved in the General Fund Capital Improvement Projects Reserve for use on future capital projects consistent with Council Policy 1.2.7. Completing the sale will reduce operating costs for property management and repairs. Longer-term redevelopment of the property will result in higher property tax revenues to the City.  If the Council proceeds with an alternative that requires proceeding with appraisals and Phase 1 environmental assessments, up to $25,000 will need to be appropriated.

Where: February 7, 2017, 7:00pm

When: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=2951349&GUID=0B71F568-BB59-4898-8AC6-E625705B3BAF&Options=&Search=

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=455218&GUID=C91973C7-3619-4C1F-B36A-3363A92B377E       


Approving official statement on City’s commitment to serving its diverse community 

Staff are recommending that Council approve and authorize the Mayor to sign the City’s Statement on our City Values and Public Service, affirming the City’s commitment to serving its diverse community in a respectful, equitable, and inclusive manner. Since the 2016 General Election, the City has received an increase in concerns about the City’s commitment to serving its diverse community. Specifically, this Statement will be used in response to residents, businesses and other inquiries received via the City’s Customer Relationship Management (CRM) system, direct emails to the City Manager or City Council, and on the City’s website, and for legislative purposes.

Where: Sunnyvale City Council

When: February 7, 2017, 7:00pm

Link to item: http://sunnyvaleca.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=5515

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=455218&GUID=C91973C7-3619-4C1F-B36A-3363A92B377E       


City of Santa Clara

Directing City Attorney to prepare a Worker Retention Ordinance, requiring the retention of subcontracted food and building service workers during contractor transitions, for Council vote in March 2017

The City Manager and City Attorney are recommending that Council direct the City Attorney to prepare a Worker Retention Ordinance requiring the retention of subcontracted food and building service workers during contractor transitions, and direct the City Manager to conduct community outreach on the proposed ordinance for pass to print consideration by the City Council on March 7, 2017.

The City Attorney’s Office has started its legal research and analysis focusing on similar policies and ordinances in other jurisdictions in California to determine how the City’s ordinance may be crafted within the framework of existing State and Federal laws. Upon completion of the legal research, a draft ordinance will be prepared along the general parameters outlined in the January 24, 2017 request from Mayor Gillmor and Vice Mayor Caserta.

Concurrently, staff has begun preliminary outreach efforts by contacting the Chamber of Commerce to advise them of the Council’s interest to consider a worker retention ordinance. Over the next few weeks, the City Manager’s office in conjunction with the City Attorney’s office will be soliciting community feedback from those that may be impacted by the provisions of a worker retention ordinance so that their input may be included in a final draft ordinance for Council consideration. The City Manager’s office and City Attorney’s office will return to the Council with a joint memo on March 7, 2017 with an analysis of legal considerations; a summary of outreach efforts; and a proposed pass to print ordinance action.

Where: Santa Clara City Council

When: February 7, 2017, 7:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=56808

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1943&doctype=AGENDA

San Jose Unified School District

Resolution in support of immigrant students and their families

The San José Unified School District welcomes all of its students, regardless of their immigration status, and seeks to make clear its commitment to support all of its students and families, including those who are undocumented.

Where: SJUSD Board

When:  02/09, 6:00pm at SJUSD Board Room

Link to item:   http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=536455&IsArchive=0

Link to agenda:   http://agendaonline.net/public/Meeting.aspx?AgencyID=123&MeetingID=40216&AgencyTypeID=1&IsArchived=False.

Alum Rock Unified Elementary School District

Approving new policy on Charter School Oversight

Where: ARUESD Board

When:  02/09, 5:30pm at ARUESD

Link to agenda:   http://www.arusd.org/cms/lib7/CA01001158/Centricity/Domain/11/Regular.Bd.Mtg.Feb.09.17.pdf.


Santa Clara Unified School District

Letter from Trustee Sallings requesting stronger school safe zone resolution

Trustee Sallings is asking the Board to pass a stronger resolution than the one recently passed by the Board, plus an accompanying policy to restrict access to school sites by immigration officers. Letter is in response to Superintendent of Public Instruction Tom Torlakson’s request for school districts to pass safe haven resolutions.

Public entity: SCUSD Board

Date/time/location item will be heard:  02/09, 5:30pm at SCUSD

Link to letter from Trustee Sallings: https://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=533519&IsArchive=0

Link to proposed policy:


Link to proposed resolution:


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