Policy Watch: Week of 8/21

County of Santa Clara

Living wage policy for nonprofits – including phase in period, credits, and waivers

Receive report and draft proposed revisions relating to a living wage policy for community-based nonprofit contractors. In 2014, the Board adopted a living wage policy for County contractors, but temporarily exempted nonprofits, and a Problem-Solving Process was included for future inclusion of nonprofits. This report details Administration’s proposed policy recommendations developed from the Problem-Solving Process:

1) Phase in the living wage rates for nonprofits over a three (3)-year period. – The Table below shows projected wage rates, assuming approximately a four percent increase per year.

  FY17-18 FY18-19 (projected) FY19-20 (projected) FY20-21 (projected)
Living Wage Rates $21.82 $22.73 $23.68 $24.67
Nonprofit phased-in Living Wage Rate $19.32 $21.90 $24.67
Percent of Living Wage Rate 85% 92.5% 100%

2) Provide additional wage credits specifically for Nonprofits that provide sizeable fringe benefits. – The Table below demonstrates likely scenarios based on the County’s knowledge of benefits offered by nonprofits that contract with the County.

FY2018-2019 FY2019-2020  (projected) FY2020-2021


Living Wage with no Qualifying Wage Credits $19.32 $21.90 $24.67
Living Wage with either Health Benefit Credit or Retirement Benefit Credit $17.32 $19.90 $22.67
Living Wage with both Health Benefit Credit and Retirement Benefit Credit $15.32 $17.90 $20.67
Living Wage with either Health or Retirement Benefits and Vision and Dental or Tuition Reimbursement/Professional Development $16.32 $18.90 $21.67
Living Wage with all Qualifying Credits (Health Benefit, Retirement Benefit, Vison and Dental, and Tuition Reimbursement/Professional Development) $13.32 $15.90 $18.67

3) Encourage nonprofits to seek a conditional waiver if implementing the Living Wage policy would cause an undue economic hardship to a nonprofit. If granted, the conditional waiver would allow the nonprofit to come into compliance with the required wage rates on a longer timeline based upon an analysis of the nonprofit’s audited financial statements.

Where: Children, Seniors, and Families Committee – Special Meeting

When:   Tues Aug. 22, 2017, 10:00am, Board Chambers

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9251&MediaPosition=&ID=87975&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9251



City of San Jose

Approving settlement agreement with Republic Waste re living wage violations

Council will decide to approve a Cooperative Agreement and amendment to the contract with Allied Waste Services (Republic Services) to resolve a dispute about living wage requirement for sorter and housekeepers at the Newby Island Recyclery. The council will also decide whether to set maximum rates for waste services.

Aug. 18 memo from CMs Rocha, Peralez & Jimenez recommends to approve the staff recommendation along with the following additional items:

  1. Clarify that the Cooperative Agreement and Fourth Amendment to the Franchises Agreement as presented by the City Attorney is not in any way intended to create an exemption from the City’s Living Wage Policy for current and future contracts.
  2. Direct staff to return to the City Council with the following items for Council consideration:
  3. An analysis of whether there are any employees who do work under the residential waste contracts who are not covered by living or prevailing wage standards in those contracts.
  4. If there are employees under the residential waste contracts that are not covered by wage standards or by labor peace provisions, staff should bring forward options for inserting living wage standards into those contracts that would cover employees who are currently not covered, and receive Council direction as to whether staff should seek to insert those standards into the residential contracts as part of the current effort to negotiate contract extensions.
  5. An opportunity for the Council to direct staff to require that residential waste contractors submit Employee and Labor Relations Plans as part of the contract extension negotiations to ensure continued labor peace on the City’s garbage contracts.
  6. A proposal to amend the City’s Living Wage Policy to establish that for all garbage contracts, whether residential or commercial, employees who expend any time on work for the City would be covered under the living wage policy. The current covered employee standard, which holds that all employees who expend at least half of their time on work the City are covered, would continue to apply for all contracts other than garbage contracts.
  7. When staff comes back to Council with the work directed in Recommendation 2, they should also provide an overview of all City garbage contracts and the labor standards included in those contracts for the purpose of educating the Council on this issue and framing a discussion about how we can pursue a consistent approach to labor standards across multiple contracts.

Aug. 11 memo from CMs Peralez, Jimenez & Rocha states that the closed session briefing of Council that was requested on June 27 has not yet happened, and recommends to defer the item until the briefing can take place, as well as directing staff to address the concerns outlain in the Teamsters’ letter.

Supplemental staff memo recommends a higher rate increase due to the item being deferred, resulting in a need to capture the proposed rate revenue of $60,281,124 over 9 months instead of 12 months. Instead of 1.79 percent increase, the proposed maximum rate adjustment will be 2.39 percent.

Where: San Jose City Council

When: August 22, 2017 1:30PM

Link to supplemental: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650659

Link to Aug. 18 Rocha/Peralez/Jimenez memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650941

Link to Aug. 11 Peralez/Jimenez/Rocha memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650665

Link to June 27 Carrasco/Peralez/Jimenez/Rocha memohttp://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650663

Link to original item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650657

Link to City Atty memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650661

Link to settlement agreement: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650667

Link to reso: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650669

Link to public letters: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650671

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=f611cee3-328e-4323-93aa-719eeae7ea96



Hearing public comment 8/22 on the Museum Place project; presentation & decision continued to 8/29

The public hearing on this item will be opened and if needed, public testimony will be taken.  This item will be continued to the August 29 City Council Meeting for continued public hearing, council deliberation, and vote.

Staff memo recommends approval.  The memo also states [inaccurately] that “The developer worked collaboratively with representatives of both labor groups and succeeded in obtaining written agreements outlining the commitments to the unions.”

Council will consider approving the transfer of city property as part of a development agreement, lease amendments and other necessary permits related to the Museum Place development. The development by Insight Realty will consist of a mixed-use tower (24 stories) with up to 306 dwelling units, 184 hotel rooms, approximately 214,000 square feet of office space, approximately 19,000 square feet of ground floor retail (which includes approximately 5,598 square feet of retail within the museum space), an approximately 60,000 square foot expansion to the adjacent Tech Museum of Innovation, consolidated 25 parcels into three legal parcels, and to re-subdivide one parcel (Parcel 1) into a maximum of up to 550 units consisting of approximately 306 residential condominium units and 244 commercial condominium units on a 2.47 gross acre site.

Where: San Jose City Council

When: August 22, 2017 1:30PM

Link to item:

Staff Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2698&meta_id=650898


Link to agendahttp://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=f611cee3-328e-4323-93aa-719eeae7ea96



Draft Apartment Rent ordinance (ARO) released; public input meeting to be held 

The Housing Department is pleased to announce that the draft Apartment Rent Ordinance (ARO) and Regulations are available for public review and comment. The 30-day comment period will run from August 14, 2017 to September 15, 2017.

The draft ARO includes language regarding several important issues including: • Annual General Increase • Capital Improvements • Petitions Filed by Tenants and Landlords • Hearing Process

The Housing Department is hosting three community meetings (8/24, 8/31 & 9/14) to discuss the draft ARO. Attendance is encouraged to provide feedback on the draft ARO and to understand potential changes for landlords and tenants of rent controlled apartments.

Where: City of San Jose

When: August 24, 2017, 6:30 pm, Educational Park Branch Library, 1772 Educational Park Drive, San Jose, CA 95112

Link to item: http://www.sanjoseca.gov/Calendar.aspx?EID=5752



Reviewing and providing feedback on proposed approach to Urban Villages within 2040 General Plan

Staff are recommending that Council accept the progress report on the implementation of the Urban Village component of the Envision San José 2040 General Plan, and provide comments on the proposed approach for implementation.

The Envision San Jose 2040 General Plan includes Major Strategy #5 – Urban Villages, as one of its primary strategies to accommodate projected job and population growth. This Strategy includes a policy framework to transform many of San Jose’s auto-oriented commercial corridors and nodes into more urban, walkable and mixed use communities, where many of one’s daily needs could be met by walking, biking, riding transit, or making a shorter drive. To achieve the General Plan’s Regional Employment Center, Measurable Sustainability/Environmental Stewardship, and Fiscally Strong City Major Strategies, the Urban Village Strategy plans for significant employment growth to be added to the existing commercial uses within these established commercial areas, while also planning for the integration of significant high density and mixed use residential development.

California state law limits the authority of local government to raise taxes, establish and increase fees, and require other exactions from property owners and developers. Upon review of various appropriate methods of funding development related urban village improvements, staffs recommended approach is to establish an Urban Village Zoning District that would establish minimum design standards and identify allowable uses. Given the diversity of built environments in San Jose, there would likely not be a one-size fits all zoning district, but instead two UVC zoning districts. The first would be crafted for Villages largely developed prior to the second world war that have an existing urban form. The second would be crafted for more suburban Villages, which are beginning the process of transitioning into a more urban landscape. The allowable uses under these Urban Village zoning districts would generally align with those uses allowed in the existing commercial zoning districts and would not allow residential uses; staff will, however, explore an approach that will allow deed restricted affordable housing within a UVC zoning district, precluding the need for a rezoning.

Staff also proposes the creation of an Urban Village Mixed-Use Zoning District (UVMU). This district would be similar in design standards and allowable uses to the corresponding Urban Village Commercial district, but would allow residential in a mixed-use format. Staff are not proposing, however, to initiate the rezoning of private property to this district. The rezoning of property to a UVMU district would occur as part of the entitlement process as individual mixed-use residential projects come forward.

Additionally, staff are proposing a set of additional required contributions from residential mixed-use development within urban village areas, including a surcharge on base impact fees, on-site village enhancements, and community facilities districts off-site from urban village zoning areas.

The timeline for the first step is to bring General Plan Text Amendments to Council this fall, as part of the General Plan Annual Review. Between the Summer and Fall of 2017, staff will be bring to Council the implementation strategies for the East Santa Clara, Stevens Creek, Winchester, and Santana Row/Valley Fair Urban Villages, as well updated strategies, for Little Portugal and Roosevelt Park. For the second step, staff anticipates bringing the proposed new zoning districts to the Council Committee for Community and Economic Development, along the codified requirements for residential mixed use development, in the Spring of 2018.

Where: San Jose City Council

When: August 29, 2017 1:30PM

Link to item:

Staff Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2699&meta_id=650498

Mayor Liccardo Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2699&meta_id=650500

Link to agenda:   http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=3313016a-67f5-4d12-9bc7-cec3c53b5135


Council to adopt the San Jose Clean Energy Implementation Plan

Council will approve a number of actions related to adopting and funding the San Jose Clean Energy Implementation Plan. Doing so will assist San Jose Clean Energy with staying on track toward a targeted April 2018 launch for the first phase of San Jose Clean Energy customers. At the August 8, 2017 meeting, Council established the Community Energy Department to oversee the Clean Energy Plan. The Clean Energy Plan will attempt to establish the following guiding framework:

  • Rates: Offer at least one power mix option with a rate equal to or less than PG&E’s rates
  • Power Mix: Offer at least one power mix option at 10 percent or more renewables than PG&E
    • Offer at least one power mix option offering that is 100 percent GHG-free energy
  • Programs: Establish San Jose-specific renewable energy and energy-efficiency programs Maintain, at minimum, low-income programs at the same level as PG&E programs
  • Develop local renewable energy projects

Where: San Jose City Council

When: August 29, 2017 1:30PM

Link to item:

Staff Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2699&meta_id=650894

Resolution: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2699&meta_id=650519

Ordinance: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2699&meta_id=650521

Agreement: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2699&meta_id=650523

Link to agenda:   http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=3313016a-67f5-4d12-9bc7-cec3c53b5135


Beginning a community-based planning process for a East San Jose Multimodal Transportation Improvement Plan around Alum Rock BART

Council to approve actions related to the development of the East San Jose Multimodal Transportation Plan. The city will receive $467,438 in grants from the CalTrans with matching local funds of $60,562 to develop a community-based transportation planning effort that will help advance key City priorities by developing a comprehensive transportation solution strategy for this diverse area of San Jose with growing development potential. The project area surrounds the boundaries of San Jose’s first adopted Urban Village plans and the forthcoming 28th Street BART station.

Where: San Jose City Council

When: August 29, 2017 1:30PM

Link to item:

Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2699&meta_id=650710

Resolution: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2699&meta_id=650515

Link to agenda:   http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=3313016a-67f5-4d12-9bc7-cec3c53b5135



City of Santa Clara

Final adoption of $15 by 2019 minimum wage ordinance

Adoption of a minimum wage with the following provisions:

1) Increase to $13.00 on January 1, 2018, and increase to $15.00 on January 1, 2019;

2) Add economic triggers that would provide an option to delay implementation of the minimum wage increases if a severe recession occurs during the ramp-up period; and

3) Change the CPI index used for annual increases beginning January 1, 2020, to the regional CMSA CPI-W, with a maximum annual increase of five percent.

This final version of the ordinance to be adopted deletes a section from the Santa Clara City Code that was included in the July 18, 2017 version that appears to have been copied from an ordinance that had been adopted by an initiative process that limits the ability of the City Council to make amendments.

Where:   Santa Clara City Council

When:   Tue. Aug 22, 2017, 7:00pm, Council Chambers

Link to item:  http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=60832

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1994&doctype=AGENDA



Appointing new City Manager & approving employee agreement

The City of Santa Clara began a recruitment process for the City Manager position, which included a nationwide search. Upon completion of this process the City Council is now recommending appointing a Candidate as City Manager. The Candidate has not yet been named publicly.

That the Council approve and authorize the Mayor to execute the Employment Agreement between the City and the Candidate for City Manager which sets the salary and terms and conditions of employment pursuant to the recommendation of the Mayor and City Councilmembers; to amend the 2017/2018 budget and add $126,388.00 to the City Manager’s Office Salary and Benefits budget; and direct the Candidate to begin on a mutually agreed upon start date in October 2017.

Where: Santa Clara City Council

When: Tue. Aug 22, 2017, 7:00pm, Council Chambers

Link to item:  http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=60835

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1994&doctype=AGENDA

Santa Clara Valley Water District

Appointing Norma J. Camacho as Chief Executive Officer

Agenda item is focused on the appointment of Norma J. Camacho, the current interim CEO, as the District’s permanent Chief Executive Officer (CEO). An employment agreement between the District and Ms. Camacho has been prepared, outlining the terms and conditions of her employment. If resolution adopted, Ms. Camacho would be appointed as the CEO, effective August 22, 2017. Her salary is being set at $280,072.

Recommendation is to appoint Norma J. Camacho as the Chief Executive Officer and approving the Employment Agreement.

Where: Santa Clara Valley Water District Board of Directors

When: 8/22/2017, 6:00 pm Regular Meeting

Link to item:  https://scvwd.legistar.com/LegislationDetail.aspx?ID=3127046&GUID=FC99ED79-ECDB-4ADB-91D0-036BD7E48020

Link to agenda:   https://scvwd.legistar.com/MeetingDetail.aspx?ID=504456&GUID=930D6B12-D107-403A-BB5A-8340EF6A393A&Options=info&Search=


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