Policy Watch: Week of 3/20

City of San Jose

2017-18 Mayor’s March Budget Message

Conduct a Public Hearing and approve the FY 2017-2018 Mayor’s March Budget Message.

Where:  San Jose City Council

When: Tues. March 28, 2017, 1:30pm, Council Chambers

Link to item:  n/a

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=52109c17-5d60-407d-b3d9-cb4c84801c77

Construction Tax reduction for office & data center projects deferred again to 4/4

(Deferred from 2/14/17 – Item 4.1, 2/28/17 – Item 4.1, et al, and 3/28/17 – Item 4.1) DEFERRED TO 4/4/17 PER ADMINISTRATION- 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. March 28, 2017, 1:30pm, Council Chambers

Link to item: n/a

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=52109c17-5d60-407d-b3d9-cb4c84801c77


Initiating new agreement negotiations with all Recycle Plus residential solid waste contractors

Direct staff to initiate negotiations with all existing Recycle Plus residential solid waste contractors to negotiate new agreements that would replace the existing agreements, which will expire June 30, 2021, and return to Council by September 2017: a) For consideration of term sheets detailing the key service enhancements and cost provisions in the new service agreements if negotiations are successful; or b) To report on a timeframe and strategy to complete a procurement process if negotiations are not successful.

Before initiating a procurement process, staff recommends negotiating with the existing residential haulers to explore service improvements and potential cost saving opportunities that they could offer San Jose residents. Negotiating with the current contractors should result in better service enhancements for customers due to their familiarity with the needs of residents in the districts that they serve. Rate payers should also benefit from the reduced costs of not having to site, permit and build new facilities, as well as reduced expenses associated with the startup of services under new contractors. Staff proposes returning to Council by September 2017 with the results of these negotiations.

Where: San Jose City Council

When: Tues. March 28, 2017, 1:30pm, Council Chambers

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2677&meta_id=624319

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=52109c17-5d60-407d-b3d9-cb4c84801c77


Land use study session

(Deferred from 2/28/17 – Item 11.2) Accept the staff presentation on land use planning in San Jose, including development history, major strategies of the Envision 2040 General Plan, key area plans and policies, and work plan priorities.  The study session will be organized around the following main topics:

  • Overview of the Envision San Jose 2040 General Plan Major Strategies
  • Why Balanced Growth Matters
  • Building Housing for San Jose’s Residents
  • Establishing San Jose as a Regional Job Center – history of employment lands conversions, as well as the fiscal and economic impacts of these conversions.
  • Building a Sustainable Multi-Modal Transportation System
  • Creating Great Places
  • Current Work Plan Priorities – including the BART Phase II planning and design process, the Diridon Station Area Plan implementation process, the Downtown Strategy update, the North San Jose Retail and Amenity Strategy, and the Tri-Village planning process in West San Jose.

Where:  San Jose City Council

When: Tues. March 28, 2017, 6 pm, Council Chambers

Link to item:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2677&meta_id=624327

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=52109c17-5d60-407d-b3d9-cb4c84801c77


Hearings on revised draft of Mobilehome Park Closure Ordinance

In 2016, the City Council asked staff to define the process mobilehome park owners may follow if they decide to close a mobilehome park without changing the land use.  State Law includes provisions for mobilehome park closures, but the City can adopt an ordinance to further define the process and the appropriate level of relocation.
The first draft of the Mobilehome Park Closure Ordinance was posted on January 5, 2017. A revised draft was posted on March 15, 2017.  This draft includes changes that respond to comments received since January.  Public hearings on the second draft of the Mobilehome Park Closure Ordinance have been scheduled as follows:

Date  Time Location
Planning Commission

Wednesday, March 22, 2017

6:30pm San José City Hall, Council Chambers
200 E. Santa Clara Street
San José, CA 95113
City Council

Tuesday, April 11, 2017

6:00pm San José City Hall, Council Chambers
200 E. Santa Clara Street
San José, CA 95113

For questions about the proposed Ordinance, you may contact Jenny Nusbaum, Supervising Planner, Department of Planning, Building and Code Enforcement (PBCE) at 408-535-7872 or jenny.nusbaum@sanjoseca.gov.

Where: San Jose Planning Commission and San Jose City Council

When:  March 22, 6:30 pm and April 11, 6 pm

Link to draft ordinance: www.sanjoseca.gov/DocumentCenter/View/66986


City of Santa Clara City

First reading and vote on Worker Retention Ordinance

Staff are recommending that Council pass to print an ordinance establishing a Worker Retention Ordinance for Food and Building Service Workers in the City of Santa Clara that would require contractors to offer no less than 15 days notice before terminating a food service or building service contract and require the successor contractor to retain existing service workers for a 90-day transition period upon transition of contractors, with limits on how the new contractor can change workers’ current work shifts or places of work and establishing causes for worker termination, along with a required performance evaluation process to determine offer of continued employment.

The ordinance is applicable to any entity in Santa Clara with more than 25 employees that enter into contracts for building services or food service, as well as entertainment/convention centers with a capacity of at least 8,000, and for contracts over $25,000 with a term of 3 months or longer. It would cover full or part-time (more than 8 hours/week) employees whose regular place of work is inside Santa Clara. A violation of the ordinance can be enforced as a civil action in court. The remedies include: back pay, treble damages for intentional violations, injunctive relief and costs and attorneys fees.

Where: Santa Clara City Council

When: March 21, 2017, 6:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=58648

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1974&doctype=AGENDA


Santa Clara City: Postponing discussion of Minimum Wage Ordinance report, as requested by Economic Development Committee, to April 4, 2017

Staff is recommending that Council note and file minutes from the February 16, 2017 Economic Development Committee meeting and direct staff to prepare an agenda report on the City’s Minimum Wage Ordinance to be presented to Council on April 4, 2017 (instead of originally proposed March 21, 2017 date).

Where: Santa Clara City Council

When: March 21, 2017, 6:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=58620

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1974&doctype=AGENDA


Consenting to StadCo’s contracts w/ 4 service contractors (Imperial Parking, Landmark Event Staffing, Schindler Elevator & ABM) for 2-10 year contracts

Staff are recommending that Council adopt a resolution consenting to a Professional Services Agreement between Forty Niners Stadium Management Company and Imperial Parking (U.S.), LLC and Landmark Event Staffing Services, Inc. for Event Day Services at Levi’s Stadium, as well as consenting to a Professional Services Agreements between Forty Niners Stadium Management Company and Schindler Elevator Corporation and ABM Industry Groups, LLC for Event Day and Maintenance Services at Levi’s Stadium.

The four contracts cover the following terms:

  • Impark (parking services) – for a term of 3 years, with possible 2 year extension
  • Landmark (security services) – for a term of 5 years, with possible 2 year extension
  • ABM (janitorial) – for a term of 5 years, with possible 2 year extension
  • Schindler Elevator (preventative and maintenance services) – for a term of 10 years

On March 28, 2012, the Stadium Authority entered into a Stadium Lease with Forty Niners SC Stadium Company (StadCo) providing, among other items, that the Authority and StadCo share responsibility for the operation of Levi’s Stadium. StadCo is primarily responsible for a six month period between August 1 through January 31 and the Authority is primarily responsible for a six month period between February 1 and July 31. The Authority and StadCo have entered into a Stadium Management Agreement with the Forty Niners Stadium Management Company (Stadium Manager) to, among other items, manage the Stadium on a year-round basis, schedule Stadium events and solicit and select of professional service vendors necessary for the operation of the Stadium and Stadium events.

The Stadium Manager has solicited proposals for parking operation, security and janitorial services. An RFP process was conducted for each service requiring vendors to submit proposals with information on their experience, training, local management, cost and organizational approach. Approval of the recommended action would provide the Stadium Manager with the requisite Authority consent to enter into the contracts for service which are discussed further below. Per the Stadium Authority Procurement Policy 17.30, Stadium Authority consent is required as the cost of each contract will be in excess of $250,000. The annual cost of each contract may vary greatly depending on the number and nature of the events at the Stadium during any given year, however, based upon a ten event projection, the estimated range of contract values for non-NFL events and Stadium Authority shared expenses is from $253,000 (Schindler) to $2.1 million (Impark and ABM). Agreements are included in staff report.

No wage or wage theft provisions are included in contractor agreements.

Where: Santa Clara City Council

When: March 21, 2017, 6:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=58624

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1974&doctype=AGENDA


City of Milpitas

Amending Agreement with Waste Management to relocate disposal site to Kirby Canyon Landfill

Staff are recommending that Council approve an amendment to the Agreement with Waste Management for collection of solid waste and collection and processing of recyclable materials and organic materials, for all disposal of waste to occur at Kirby Canyon landfill. The amendment changes the disposal sites from Guadalupe Landfill and C&D Recovery Facility in San Jose to Kirby Canyon Landfill, also in San Jose, as a result of a potential lawsuit from the City of San Jose against the City of Milpitas. Staff analysis finds that despite the relocation of the disposal cite, the original CEQA analysis would still apply, thus no additional environmental analysis is needed.

This change in disposal location will result in an additional $1.2 million annually in transportation and labor costs.

Where: Milpitas City Council

When: March 21, 2017, 7:00pm

Link to item: http://www.ci.milpitas.ca.gov/_pdfs/council/2017/032117/Item_14.pdf

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2017/032117/agenda.pdf


City of Palo Alto

Public hearing and 2nd reading of Housing Impact Fee Ordinance

Staff are recommending that Council hold a public hearing, conduct a second reading, and adopt 2 ordinances to amend the City’s Below Market Housing Program and update the housing impact and in-lieu fees. Staff are also recommending that if Council wishes to make adjustments to one or both ordinances, that this meeting’s hearing be considered another first reading, and that the revised ordinances be placed on the Council’s consent agenda for a second reading.

Together, the two 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 $20 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); and
  • 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.

The proposed fees are based on the two “nexus” studies which examined the relationship between new commercial and residential development and the increased demand for affordable housing. The Finance Committee of the City Council, the Planning and Transportation Commission (PTC) and City Council reviewed these nexus studies and each voted to recommend slightly different fee amounts than from those recommended by the consultant. These differences include:

  • Housing impact fee for Office/R&D development: Consultant recommended $35/sf, while Finance Committee, PTC, and Council recommended $60/sf;
  • In-lieu fees for Market Rate Single Family Detached Housing: Consultant and PTC recommended $95/sf, while Finance Committee and Council recommended $50/sf;
  • In-lieu fees for Market Rate Rental Housing: Consultant and Finance Committee recommended $50/sf, while PTC recommended $10-20/sf and Council recommended $20/sf.

Staff has also provided proposed language that could be inserted into the ordinance that would make it easier for the City to collect in-lieu fees rather than inclusionary units in special situations, in response to public comments regarding the need for funding to construct new affordable housing.

If the City Council chooses to adopt new housing impact fees on second reading this evening, the ordinances and the fees would become effective in 60 days.

Where: Palo Alto City Council

When: March 27, 2017, 4:30pm

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/56493

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/56536



Approving sanctuary schools resolution

The Board will vote on a resolution to make schools and programs safe havens for students and staff to the fullest extent allowed by law.

Where:  SCUSD Board

When: March 23, 2017, 5:30 PM, Board Room

Link to item: N/A

Link to agenda: http://agendaonline.net/public/Meeting.aspx?AgencyID=209&MeetingID=40037&AgencyTypeID=1&IsArchived=False


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