Policy Watch: Week of 10/9

Santa Clara County

Direction on applying County Living Wage Policy to CBOs – including definition of trainees and limited term waiver process for CBOs

Staff are recommending that the Committee consider recommendations relating to proposed provisions for community-based nonprofit contractors, including:

  • Receive report from the Office of the County Executive relating to a living wage policy for community-based nonprofit contractors.
  • Receive draft proposed revisions to Board Policy Section, Living Wage Provisions in County Contracts, relating to a living wage policy for community-based nonprofit contractors and forward to the Finance and Government Operations Committee for consideration.

The Administration’s prior report to the CSFC detailed proposed policy recommendations for the inclusion of community-based organizations (CBOs) into Board Policy, Living Wage Provisions in County Contracts as well as a brief background on the Problem-Solving Process leading to those recommendations. Since the August 22, 2017 special CSFC meeting, the Office of Countywide Contracting Management has worked to clarify the definition of trainees, further explain the limited-term waiver process, and develop a timeline for implementation for remaining provisions of the policy.

The Administration recommends limiting the duration of the trainee exemption to three months to accommodate variations in potential program length.

A select number of CBOs may be unable to raise their wages to meet living wage rates in the proposed timeframe and may petition for a conditional waiver for a specific contract. If granted, the conditional waiver would establish agreed-upon timelines that would, among other things, allow a CBO to come into compliance with the required wage rates on a longer timeline based upon an analysis of that CBO’s audited financial statements. Evaluation criteria would include whether implementing provisions of the living wage policy will have a significant and detrimental effect upon that CBO. In assessing that detrimental effect, the County would consider the following:

  • Current Net Assets to Current Net Debt Ratio: A financial ratio that measures whether an organization has enough resources to pay its debts over the next 12 months.
  • Debt to Net Asset Ratio: A measure of the total amount of debt divided by the amount of net assets, which provides an indication of leverage and how much of the organization’s capital structure is due to debt.
  • Surplus or Deficit: respectively, a measure of excess revenue over expenses or excess expenses over revenue during an accounting period. The County will provide additional consideration to audit findings on an entity’s risk level, including past noncompliance with laws and regulations or a determination of serious deficiencies in internal controls that may lead to such noncompliance.


Implementation of Remaining Policy Provisions

OCCM met with County Counsel to discuss a proposed timeline for implementation of the targeted hiring, local hiring, worker retention, fair workweek, and labor peace provisions defined under the Living Wage ordinance but not yet effectuated in the Living Wage policy. OCCM and County Counsel have begun developing language to address these outstanding provisions and will meet with labor representatives to review the proposed implementation plan. Outcomes will be shared with members of the CBO community for additional feedback. Administration aspires to work with community partners to implement all five provisions by July 1, 2018, so they are implemented concurrently with the living wage policy for CBOs, but recognizes that each provision will require its own coordination and legal review.

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

When: October 11, 2017, 2:00pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=8707&MediaPosition=&ID=88469&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=8711&Inline=True


City of San Jose

Priority Setting Session

Step 1 is to vote on the list of Nominated Ideas to determine if they should move on to the Council Priority list. Staff will be issuing a supplemental memorandum by Friday, October 13, which provides staffs initial review of the nominated items. Council members will be given one third as many votes as there are Nominated Ideas (n/3). Given that 22 ideas have been nominated, each Councilmember will be given 8 votes. Each Councilmember may vote for up to 8 items. Votes cannot be clustered; each member’s votes must be distributed. All ideas getting 5 or more favorable votes will move on to the ranking process.

Step 2: With 24 items on the current Council Priority list, plus any new items identified in Step 1, will go through a forced ranking process. Councilmembers will be given n/3 as many votes as the total number of ideas on the Council Priority list. For instance, if 5 of the Nominated Ideas are added to the Priority list for a total of 29 items, then each Council member would get 10 votes. Councilmembers may elect to use some or all their allocated votes on any given item. The results will be ranked with those getting the most votes to be considered higher priorities.

See staff memo for full list of priority list items. Among the 22 new ideas nominated are several from the Mayor’s recent housing agenda, including:

  • Downtown Zoning Code Update;
  • Facilitating SJSU Student and Faculty Housing;
  • Move 4,000 Housing Units into Phase 1 of the North San Jose Development Policy
  • Impact Fee Deferred Payment Program for Housing
  • Regional Entitlement Fee Study
  • Create On-line Map of Vacant Blighted, underutilized housing sites
  • Align Zoning with General Plan Designations
  • Identify Underutilized or Blighted Opportunity Sites for Housing Empty Home/Empty Parcel Fee to Generate Funds for Affordable Housing

Where:   San Jose City Council

When: October 17, 2017 1:30 PM City Hall

Council will hold a priority setting session to rank items for its Council priority list.

Link to item:   Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5489475&GUID=79F4C4AF-9E8D-41E9-988D-E4F7F9C849C6

Letters from the Public Suicide prevention policy: https://sanjose.legistar.com/View.ashx?M=F&ID=5487983&GUID=22D64BD7-BBCA-4BCE-A46A-2C96EA5379D5

Letters from the Public-Public Health Policy Initiatives: https://sanjose.legistar.com/View.ashx?M=F&ID=5488195&GUID=B7604475-663D-4C31-A592-61A868AFACE2

Link to agenda:   https://sanjose.legistar.com/MeetingDetail.aspx?ID=560055&GUID=6D073B42-F55C-4A40-AA11-12DF56AD4813&Options=info&Search=


Establish Clean Energy Community Advisory Commission

On August 17, 2017, Council approved the establishment of a Clean Energy Community Advisory Commission (CECAC). The purpose of the Commission is to advise the City Council and City Manager about all aspects of San Jose Clean Energy start-up operations. The Commission will be made up of 9-members and serve four year terms, a maximum of two terms. While members would ideally be City of San Jose residents, Council may consider members from outside the City of San Jose who could bring expertise to advance the goals of San Jose Clean Energy. Two-thirds of

the membership (6) will include those with expertise in community outreach, policy advocacy, and clean energy programs and consideration will be given to representation from industry, labor, education, not-for-profits, environmental associations, and advocacy organizations. The remaining members (3) will be three at-large community members appointed by the Mayor. A non-voting Council member will serve as a liaison.

The Council Appointment Advisory Commission (CAAC) shall review all applicants and make a nomination to the City Council for the six (6) special eligibility seats noted above. The three (3) at-large seats shall be appointed upon the Mayor’s nomination to the City Council and the City Council’s approval of such nomination.

Where:   San Jose City Council

When: October 17, 2017 1:30 PM City Hall

Link to item:  Staff Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5484912&GUID=C5CDF3BD-0946-42D2-B4C1-92977EAFC6F8

Ordinance: https://sanjose.legistar.com/View.ashx?M=F&ID=5485502&GUID=0FF6FF87-B404-46E5-911F-9FBAFF06BE21

Link to agenda:   https://sanjose.legistar.com/MeetingDetail.aspx?ID=560055&GUID=6D073B42-F55C-4A40-AA11-12DF56AD4813&Options=info&Search=


Accept 16/17 Annual Financial Report; includes $24.6M Ending Fund Balance

The council will accept the 2016-2017 Annual report as prepared by the City Manager.

The annual report also found that with the local economy’s sustained growth over the past several years, the City’s budget remained stable. Accordingly, the 2016-2017 Adopted Budget maintained existing service levels while also providing limited enhancements to service delivery in priority areas and providing some investments in City infrastructure. The Adopted Budget allocated a small General Fund surplus of $6.9 million along with the new local Sales Tax.

In the General Fund, both the revenues and expenditures ended the year very close to budgeted expectations. At the end of 2016-2017, there was $24.6 million (0.9% of the 2016-2017 Modified Budget total sources and uses) in additional General Fund 2016-2017 Ending Fund Balance above the level assumed in the development of the 2017-2018 Adopted Budget.

The City Manger recommend allocating the bulk of the $24.6 million to various rebudgeting and clean-up actions, with $350,000 remaining that is recommended to be put into the Future Deficit Reserve.

Where:   San Jose City Council

When: October 17, 2017 1:30 PM City Hall

Link to item:   2016-2017 Annual Report: http://www.sanjoseca.gov/DocumentCenter/View/72245

Link to agenda:   https://sanjose.legistar.com/MeetingDetail.aspx?ID=560055&GUID=6D073B42-F55C-4A40-AA11-12DF56AD4813&Options=info&Search=


Report on Mobilehome Opt-In/Stay-In-Business Draft Framework

Housing Commission will provide feedback and recommendations to staff on the Draft Mobilehome Opt-In/Stay-In-Business framework and on the revised public outreach plan. Purpose of the Draft Mobilehome Opt-In/Stay-In-Business framework is:

  1. To protect and preserve mobilehome parks as established communities and to maintain quality housing choices for San Jose residents.
  2. To provide incentives to park owners to continue operating and to create certainty and stability for a fixed period of time.
  3. To provide incentives to mobilehome park owners to make capital improvements in that ensure these communities are safe, secure, and good places to live.
  4. Consider how such a program shall be transparent yet efficient to administer.
  5. Make this proposal clear and understandable.

The Opt-In Committee held meetings from February through July 2017. Mobilehome residents and park owners provided input to staff that was considered in the following recommendations to Mobilehome Opt-In/Stay-In-Business framework. Recommendations include:

  1. Staff is not recommending a capital improvement pass-through as a component of the Opt-In program.
  2. Staff is recommending a partial vacancy decontrol in the amount of $100 no more than three times in any given ten-year period as a tool to provide a limited financial incentive to owners to stay in business.
  3. Staff is recommending the term of the Opt-In agreement to be no less than twenty years.
  4. Landowners and Park owners (operators) participate in the Opt-ln Program process. Park owner shall submit an application to the Housing Department for participation in the Opt-ln Program Park owner agrees to operate the mobilehome park for at least 15 years after the agreement.
  5. Extension of the Opt-ln Program must occur no later than 5 years prior to the end of the term. This provides all parties with sufficient time to plan.
  6. Enforcement: the penalties for “opting out” must be a significant deterrent to participating mobilehome park owners.

All other aspects of the Mobilehome Rent Control Ordinance (MRO) would still be in effect. Staff plans to bring a recommendation to the City Council’s Committee on Community and Economic Development on November 27, 2017.

Where: Housing and Community Development Commission

When: 10/12/2010 5:45PM San Jose City Hall Wing Rooms 118-120

Link to agenda packet:  http://sanjoseca.gov/DocumentCenter/View/72406


Direction on which tenants could be prioritized for affordable housing

The Housing Commission will offer recommendations on potential Tenant Preferences to study, which may be used to establish priorities for making affordable apartments available to eligible applicants.

Staff will obtain feedback on potential Tenant Preferences to study and will include that feedback in its report to the City Council’s Committee on Community and Economic Development on October 23, 2017. Next steps from 11/2017- 1/2018 will be to put in high level of effort in creating structure, definitions, and rationale of tenant preferences. Establishing one or more Tenant Preferences would involve the following tasks:

  1. A policy decision on which types of Preferences are most important to pursue, and why
  2. Scoping of the preference (e.g., city-wide, specific projects)
  3. Staff’s analysis of feasibility based on number, scope and type of Preferences, based on
  4. stakeholder input
  5. City Attorney review for fair housing, funding restrictions, and other issues
  6. Outreach to stakeholders and the public to solicit feedback
  7. City Council consideration of proposed Tenant Preferences
  8. Staff’s implementation of the Tenant Preferences, together with affordable housing
  9. property owners and managers
  10. Broader education to the public on approved Preferences.

Where: Housing and Community Development Commission

When: 10/12/2010 5:45PM San Jose City Hall Wing Rooms 118-120

Link to agenda packet: http://sanjoseca.gov/DocumentCenter/View/72406


Considering change to Revolving Door Policy re former city staff who work as non-profit lobbyists or legislative advocates

Staff are recommending that the Board consider a change to the Revolving Door Ordinance in order to mitigate potential conflicts of interest and simplify the rules surrounding former designated employees who work for non-profit organizations as lobbyists or on legislative or administrative matters which they worked on as part of their City employment. Potential policy directions include:

  • Narrowing the non-profit exemption to 501(c)(3) organizations, regardless of whether the organization had received support from the City; or
  • Striking the non-profit exemption, such that the same rules apply whether former designated employees go to work for non-profit or for-profit organizations.

Where: San Jose Board of Fair Campaign and Political Practices

When: October 11, 2017, 5:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3142470&GUID=11A7CBBE-7F46-48FD-AEAD-9EF3C0C7FB72&Options=&Search

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/72362


Discussing next steps on Measure B budget and expenditures, clarifying role of Neighborhoods Commission as Independent Citizens Oversight Committee

Staff are recommending that the Commission discuss next steps from the May 2017 meeting and clarify role of the Commission as the Independent Citizens Oversight Committee for Measure B Sales Tax budget and expenditures.

Where: San Jose Neighborhoods Commission

When: October 11, 2017, 6:00pm

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/72347


Recommendations for modifying City’s ethics laws, incl. proposed charter amendment

Receive Board of Fair Campaign and Political Practices12 recommendations (Topics) for streamlining, clarifying, and improving our City’s ethics laws:

Adjusting Reporting Requirements

Topic 1: Reporting for General Purpose Committees

Recommendation: Require cumulative contribution reporting.


Topic 2: Penalties for Candidates for Non-Compliance

Recommendation: Maintain current remedial action for late and non-filers.


Topic 3: Publishing Campaign Statement Information

Recommendation: Keep publishing requirements, but research opportunities for automating campaign finance reporting and analytics.


Topic 4: Amend Form 504

Recommendation: Direct staff to administratively update Form 504 on filing deadlines.


Enforcement Procedures

Topic 5: Clarity of Resolution Language

Recommendation: Update City Council Resolution No. 77879 to clarify language.


Topic 6: Process for Hiring Alternate Evaluator

Recommendation: Amend Resolution No. 77879 to permit an Alternate Evaluator/Investigator.


Topic 7: Complaint Intake Process

Recommendation: Direct the City Clerk to work with the Board on researching ways to improve our complaint intake process.


Community Partnerships

Topic 8: Public Education Campaign

Recommendation: Direct the City Clerk to work with the Board in developing educational materials and build informal community partnerships for distribution.


Improving Oversight of the City’s Ticket Distribution Policy

Topic 9: Distribution of Arena Tickets

Recommendation: Amend Council Policy 9-11 and Title 12 to include ticket distribution under the purview of the Board and require quarterly reports to the Board on trends in ticket distribution.


Establishing Independence and Obtaining Adequate Resources

Topics 10 and 11: Removing References to “Ethics Commission” and “Elections Commission” in Title 12 and Resolution 77879
Recommendation: Rename the Board to the Ethics Commission and amend Title 12 and Resolution 77879 to make references consistent.


Topic 12: Charter Protection and Minimum Resources and Staffing

Recommendation: We recommend that the City Council sponsor a ballot measure amending Section 607 of the City Charter so that the renamed Ethics Commission’s title, authority, and existence are better protected from the volatility of elections, campaigns, and political conjecture.

Where: San Jose Rules Committee

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

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=669550

Link to rec transmittal: http://sanjose.granicus.com/MetaViewer.php?meta_id=669403

Link to agenda: http://www.sanjoseca.gov/DocumentCenter/View/72418


Mayor and Council Member Arenas requesting report on impacts of Evergreen Senior Homes Initiative

Request from Mayor and Council Member Arenas to agendize for deliberation and approval on October 17, 2017 to direct the City Manager to report on any and all of the following items regarding the proposed Evergreen Senior Homes Initiative, no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition, in the event the petition is certified:

  1. Its fiscal impact.
  2. Its effect on the internal consistency of the city’s General and Specific Plans, including the housing element, the consistency between planning and zoning, and the limitations on City actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
  3. Its effect on the use of land, the impact on the availability and location of housing and the ability of the city to meet its regional housing needs.
  4. Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses.
  5. Its impact on the community’s ability to attract and retain business and employment.
  6. Its impact on the uses of vacant parcels of land.
  7. Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization.
  8. Its economic impact.
  9. Its environmental impact.

Where:  San Jose Rules Committee

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

Link to item:  http://sanjose.granicus.com/MetaViewer.php?meta_id=669552

Link to agenda: http://www.sanjoseca.gov/DocumentCenter/View/72418


City of Palo Alto

Proposal to strengthen renter protections including rent control and just cause

CMs DuBois, Holman, and Kou recommend that Council refer this proposal regarding strengthening renter protections to the Policy and Services Committee for review. The review should consider the following:

  • An annual percentage cap on rent increases for buildings of 5 or more housing units built before Feb. 1, 1995. This removes any disincentive for new construction.
  • Measures to protect tenants against termination without just cause while protecting the fair rights of property owners.
  • Other updates to our existing renter protections as needed to continue a healthy community.

In addition, the council may elect to refer the item to the Human Relations Commission as part of the review process.

As background material to assist the Council in its initial consideration of this topic, staff is attaching two reports prepared by Bay Area jurisdictions in recent years:

  1. City of Fremont, Rent Control and Just-Cause Eviction: Review of Programs, Management Partners, June 2017
  2. Continuum of Residential Tenant Protection Measures, County of San Mateo Interdepartmental Correspondence from County Counsel John C. Bieirs to All County Departments, September 23, 2015

Where:  Palo Alto City Council

When:  Mon. Oct. 16, 2017, 5:00pm, Council Chambers

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/59776

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/59777

City of Milpitas

Mayor’s request for staff time toward comprehensive homeless strategy

Consider Mayor’s request and if desired, approve more than four hours of staff time toward a plan for a comprehensive homeless strategy for City of Milpitas.

Where:  Milpitas City Council

When: Thur. Oct. 5, 2017, 7:00pm, 455 E. Calaveras Blvd

Link to item: na

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2017/100517/Agenda.pdf

CM Barbadillo request to discuss Inclusionary Housing Mandate and Housing Impact Fees

Councilmember Barbadillo requested to discuss the topic of affordable housing with his colleagues.

Where:  Milpitas City Council

When: Thur. Oct. 5, 2017, 7:00pm, 455 E. Calaveras Blvd

Link to item:  na

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2017/100517/Agenda.pdf

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