Policy Watch: Week of 1/15

Santa Clara County

Discussion on possible ballot measure to extend County’s 1/8-cent sales tax 

The current County 1/8 cent sales tax (2012 Measure A) is set to expire on March 31, 2023.  The Board directed the Administration to provide information to the Board regarding the County’s one-eighth cent tax, including:

  • Workplan or decision matrix for the Board to examine the value of a possible extension of the County’s one-eighth cent sales tax in the 2018 or 2020 election cycle;
  • Value of extending the one-eighth cent sales and use tax given future revenue requirements of the County and possible risks from the Federal Administration; and
  • Timeline to conduct public polling on the County’s one-eighth cent sales tax.

Administration would recommend the engagement of a public opinion research firm at least one year prior to any proposed County measure’s placement on a ballot.  The engagement of a public opinion research firm to conduct polling and related research for a possible extension of the County sales tax would cost approximately $70,000, and the estimate to place a measure on the ballot would be either $791,227 or $1,999,810, if it were the County’s only measure on a countywide ballot.

Where: Santa Clara County Finance & Government Operations

When:  Jan. 16, 2018, 2 pm

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9703&MediaPosition=&ID=89402&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9703


Consider issuing RFP for Waste Management Services

The Office of Sustainability will present a report on the County’s Environmental Stewardship Goals.   Of the eleven ESGs, Goals 2, 5, 6, 8 and 10 are updated for this month. Staff does not anticipate providing updates for any goals at the February 2018 HLUET meeting.

Goal 5. Divert 100% of county waste from landfills and convert waste to energy.

Current waste diversion rates were not provided for this report.  Staff is exploring “waste to energy” options to potentially include in a future Request for Proposal (RFP) for County facility solid waste collection and processing services.  The current contract expires September 30, 2019, and the RFP for the new contract is anticipated to be released in the summer of 2018.

The committee will decide on the following options to address this goal:

  • Option 1: Status quo. The upcoming RFP will be written to procure base services for a single vendor to provide waste collection and processing for composting, recycling, and landfilled waste. There would be no cost premium associated with this option.
  • Option 2: Single Vendor and Anaerobic Digestion Option: Option 2 assumes that a single vendor would provide both waste collection and processing, and the RFP would be drafted to procure base services for waste collection and processing for composting, recycling, and landfilled waste, with an option to offer anaerobic digestion services as the best available method to convert waste to energy. This option would lead to an estimated 58% cost premium to meet the waste to energy requirement.
  • Option 3: Option 3 assumes that two RFPs would be written: one to request only collection services, and a second to request only processing services. This option would allow for a more competitive proposal process for collection services and, simultaneously, allow for the single vendor that provides waste to energy services in the County to propose a competitive bid to process organic materials at the Zanker, GreenWaste Recovery, Zero Waste Energy facility in San José. This could have a cost premium between 0-58%.
  • Option 4: Option 4 would be to issue no RFP. Without a RFP and subsequent contract, the County waste services would default to the existing hauler contracts within each region. This option would result in a more challenging data collection scenario because waste data would need to be collected from multiple sources in a distributed manner.  Further, this option could cause an estimated 58 percent cost premium.  Because the City of San José currently requires commercial scale dry-fermentation anaerobic digestion, allowing the current contract to expire without a replacement would allow the County to automatically convert waste to energy as part of its municipal solid waste management operation, but may sacrifice control over how waste diversion is managed at County facilities.

Staff is recommending that the HLUET direct the Facilities and Fleet (FAF) department to develop a more detailed analysis of the Option 1 and Option 3 costs, and for Option 3 the potential environmental benefits including an estimate of the amount of energy and greenhouse gas emissions that might be offset.

Where: Board of Supervisors Housing, Land Use, Environment, and Transportation Committee

When: January 18, 2018 10:00 AM. County Government Center 70 West Hedding Street, 1st Floor

Link to item:  http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9881&MediaPosition=&ID=89456&CssClass=

Link to agendahttp://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9881


City of San Jose

Accepting Certification of Sufficiency for petition signatures and ordering a report on the effects of the Evergreen Senior Homes Initiative  

The Santa Clara County Registrar of Voters has certified the initiative petition for the Evergreen Senior Homes Initiative. The Registrar reported on January 10, 2018 that out of the 35,034 unverified signatures submitted, they verified 30,184 signatures, and found 22,364 valid signatures, which was equal to or greater than the 22,277 signatures required. City Council must now either: order the initiative placed on the June ballot; adopt the initiative directly; or order a report to be presented to Council within 30 days.

Recommended actions:

  • Accept the Certification of Sufficiency issued by the County of Santa Clara Registrar of Voters regarding the Petition Initiative Amending the Envision San Jose 2040 General Plan; and
  • Order a report on the effects of the proposed initiative consistent with California Elections Code Section 9212, on any and all of the following, to be presented to the Council no later than 30 days from this meeting (Thursday, February 22, 2018): (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 City Council

When: Tuesday 23 Jan, 1:30 pm

Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=2592

Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=573591&GUID=B106572F-CDFB-42E9-8944-DE9FE1EEB6E7


Adopting statement of policy and questions for the recruitment of a Director of Public Works

Adopt a Statement of Policy and City Council Questions related to the selection of a prospective Director of Public Works as described in the memorandum to Council, in compliance with City Charter Section 411.1.

The City Council has adopted a process for City Council confirmation of department director appointments in compliance with City Charter Section 411.1. The process requires that the City Council adopt a statement of policy for the involved department, along with proposed questions for the Council to present to the City Manager’s recommended candidate for the appointment. This step is done prior to the Council’s meeting with the candidate.

At the City Manger’s direction, staff has retained Alliance Resource Consulting, LLC to aid in our recruitment and selection for this position. City Council adoption of the Statement of Policy and Questions will both help the recruitment and the City Council’s consideration of nominee.

Where: San Jose City Council

When: Tuesday 23 Jan, 1:30 pm

Link to item:   http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=2554

Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=573591&GUID=B106572F-CDFB-42E9-8944-DE9FE1EEB6E7


City of Mountain View

Approving agreement with Los Altos School District regarding Transfer of Development Rights and joint use of a new public school site

Staff are recommending that Council take the following actions related to a new public school site in the San Antonio Precise Plan Area:

  1. Authorize the City Manager to execute a Memorandum of Understanding between the City and the Los Altos School District (LASD) that establishes a framework for a Transfer of Development Rights (TDR) process, designed to support acquisition of a new public school site in the San Antonio Precise Plan Area;
  2. Direct staff to develop a Funding Agreement with LASD specifying the terms and conditions of the City’s contribution of $6 million per acre up to $23 million (total) of Park Land Dedication funds for public accessibility to open space/recreational facilities associated with the new school site;
  3. Direct staff to develop a Master Joint Use Agreement, and supplemental Joint Use Agreement(s) if necessary, with LASD specifying the terms and conditions of ongoing operation and maintenance of the public open space/recreational facilities associated with the new school site;
  4. Authorize the assignment of staff resources for consideration of six Gatekeeper applications requesting additional floor area through the TDR process; and
  5. Allow one developer to participate in the TDR process but submit a Gatekeeper request at a later date, as discussed later in this report.

Where: Mountain View City Council

When: January 16, 2017, 5:00pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3310575&GUID=990A9FDF-9BB5-4072-ADF9-3B16F6794E12&Options=&Search=

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=583898&GUID=5808E4FA-963E-4ECB-9769-773ACD74CC12


City of Milpitas

Special meeting re City Manager hiring

Council will hold a special closed session meeting regarding 1) appointment of City manager and 2) salary and benefits for City Manager.

Where: Milpitas City Council

When:  Jan. 16, 2018, 5:30 pm

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2018/011618_2/Agenda.pdf


Discussing appointment of City Manager

Council will be holding a closed session meeting regarding the appointment and hiring of the City Manager / Interim City Manager.

Where: Milpitas City Council

When: January 16, 2018, 5:30pm

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2018/011618/Agenda.pdf


Santa Clara County Board of Education

Deciding between special election or provisional appointment process to fill vacant Board seat

The Board will be deciding whether to call for a special election or pursue a provisional appointment and designate a Board Subcommittee to review applicants for the position to fill a vacancy on the Board.

On December 19, 2017 the Trustee Area 2 seat was vacated when Board Member Michael Chang submitted his resignation to the County Superintendent. Given Board Member Chang’s resignation, the Board is charged to determine how the vacancy will be filled.  The procedure for filling a vacancy on the County Board of Education is established by Education Code section 1008 and 5090-5093 and the process is set forth in Board Bylaw 9223 which requires that the Board order an election or make a provisional appointment within 60 days of the vacancy. As the vacancy occurred on December 19, 2017, the Board must order an election or make a provisional appointment by February 17, 2018.

Trustee Area 2 is comprised of Cupertino Union, Lakeside Joint Union, Loma Prieta Joint Union, Los Gatos Union, Saratoga Union, and Los Gatos-Saratoga Joint Union High School District and small portions of Santa Clara Unified and Sunnyvale and the corresponding portion of Fremont Union High.  A portion of Trustee Area 2 is within Santa Cruz County.

Where: Santa Clara County Board of Education

When: January 17, 2017, 5:00pm

Link to item: http://www.boarddocs.com/ca/sccoe/Board.nsf/goto?open&id=AUVTHQ772E97

Link to agenda: https://www.boarddocs.com/ca/sccoe/Board.nsf/Public#


Recommendation to deny Charter Renewal Petition for Spark Charter School

Staff are recommending that the Board deny the Renewal Petition of the Spark Charter School due to failure to meet criteria for Charter renewal.

The charter for Spark Charter School (Spark) expires on June 30, 2018. On November 17, 2017, Spark delivered to the Charter Schools Office of the Santa Clara County Office of Education a renewal petition for a Santa Clara County Office of Education (SCCOE) authorized independent, district appeal charter school for the Spark Charter School.  Spark is seeking approval for renewal of a public charter elementary school, serving students in grades K-8 for a renewal charter term of five years beginning in July 2018.  Spark currently serves 249 students and is located in Sunnyvale School District (SSD).  Spark was initially approved on October 1, 2014, and opened in August of 2015.

Based on concerns raised by Sunnyvale School District, the Board has reviewed the Spark Charter School performance and found that it does not meet criteria for renewal. Specifically, County staff found that the School had an unsound educational program, ongoing financial instability of school operations, declining performance and growing racial performance gaps with an adequate plan to mitigate and correct these patterns.

Where: Santa Clara County Board of Education

When: January 17, 2017, 5:00pm

Link to item: http://www.boarddocs.com/ca/sccoe/Board.nsf/goto?open&id=AUNSCP64D656

Link to agenda: https://www.boarddocs.com/ca/sccoe/Board.nsf/Public#


San Jose-Evergreen Community College District

Approving Exclusive Negotiating Agreement with Republic Urban Properties

The District owns 27 acres in San Jose, at San Felipe and Yerba Buena Roads, that it has designated as surplus land.

The District has been working with Republic Urban Properties for several years and plans to enter into a ground lease of the surplus land for the purpose of generating additional revenue for the District.  In December, 2016, the City of San Jose approved a new general plan designation of NCC for the surplus land.  Since then, Republic Urban Properties has submitted an application to the City to rezone a portion of the surplus land (approx 10-13 acres) to allow commercial development of office space and an assisted living facility.   The project could include 30,000 to 100,000 sq. ft. of office space (probably medical office), an assisted living project consisting of a 100 to 250 beds facility, and/or a school of around 45-60,000 SF.

This item would allow the district to enter into an ENA with Republic Urban Properties which provides that the District agrees to negotiate exclusively with Republic Urban Properties for the next 12 months on the terms of a ground lease for a portion of the surplus land. The purpose of this Agreement is to allow the Parties to obtain all discretionary entitlements for the Project and to negotiate the terms of a long-term ground lease or leases of the Property. During the negotiations, Republic Urban Properties agrees to pursue the application for rezoning of a portion of the surplus land, and the District agrees to reimburse Republic Urban Properties for the costs incurred to obtain the rezoning.  The ENA also provides that Republic Urban Properties will pay an exclusivity fee to the District for the exclusive right to negotiate the ground lease.  The ENA provides certain general terms intended to be included in the ground lease but does not bind either party to execute a ground lease.

Staff recommendation is that the Board of Trustees consider and approve the Exclusive Negotiating Agreement (“ENA”) with Republic Urban Properties.

Where: San Jose-Evergreen Community College District

When: January 16, 2018, 5:00pm

Link to item: http://www.boarddocs.com/ca/sjeccd/Board.nsf/goto?open&id=AUWVFP7E8B20

Link to agenda: https://www.boarddocs.com/ca/sjeccd/Board.nsf/Public#tab-meetings


Alum Rock Union Elementary School District

Legal status of Board president

The board will receive a legal opinion on the status of the position of Board President.

Where: Alum Rock Board of Trustees

When:  Jan. 18, 2018, 5:30 pm

Link to agenda: https://www.arusd.org/cms/lib/CA01001158/Centricity/Domain/11/13.January.18.2018.pdf

Link to full packet: https://www.arusd.org/cms/lib/CA01001158/Centricity/Domain/11/BB.1.18.18.pdf


East Side Union High School District

Placing a Parcel Tax on the June 2018 ballot

The District proposes to levy and collect an education parcel tax annually in the amount of $49 for 7 years, commencing with fiscal year 2018-19, which will raise approximately $6 million annually, and to implement accountability measures in connection with the education parcel tax and to provide oversight and accountability to ensure that funds are used only for the following specific purposes:

  •  Develop and implement programs for 21st century science, technology, engineering, math, reading and writing instruction;
  •  Attract/ retain highly qualified teachers and staff, and
  •  Develop and implement for career/ technical education pathways for college and career success, including computer science, biology, biotech, and high-tech skills.

The proposed Resolution calls a parcel tax election in the District, to be held at the general election on June 5, 2018.

Where:   ESUHSD Board of Trustees

When:  1/18/2018 4:00 PM District Office – Board Room

Link to item:   https://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AT8PC863EE67

Link to agenda:   https://www.boarddocs.com/ca/esuhsd/Board.nsf/files/AUY56E80B2B9/$file/BA_2018_01_18.pdf


Update on possibly outsourcing of early childhood education programs to SCCOE/Kidango

Agenda item informational and based on discussion at the November 16, 2017, Board Meeting. Following the meeting, staff investigated the possibility of vacating the Federal and State early learning contracts by transitioning to non-profit organizations, which specialize in early learning education.  The goal is to investigate eliminating the expense while maintaining the seats available to the community of East Side. The projected revenue/expenses for the 2017/18 school year is estimated to encroach the general fund approximately $1.1 million

SCCOE and Kidango have presented Letters of Intent to facilitate and support the transition of ESUHSD’s state child development contracts (CCSP & CCTR) to SCCOE and Kidango at Educare and our other sites.  Kidango is a high quality non-profit provider, which has served the east side community for the past fifteen years.  Kidango is completing their due diligence and developing their proforma budget. The goal once again is to provide continuous, high quality services to the young children, students and families in the East Side zip codes.

Item again is information and staff is expected to bring back a final recommendation at the February Board meeting.

Where:   ESUHSD Board of Trustees

When:  1/18/2018 4:00 PM District Office – Board Room

Link to item:   https://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AT8PC863EE67

Link to agenda:   https://www.boarddocs.com/ca/esuhsd/Board.nsf/files/AUY56E80B2B9/$file/BA_2018_01_18.pdf



Approve Issuance of Milpitas Transit Center Joint Development Opportunity

The committee will offer direction to staff related to the issuance of an RFP for Joint Development at the Milpitas Transit Area Station Plan. The Milpitas Transit Center Joint Development site is located at the corner of East Capitol and Montague Avenues, adjacent to the new bus transit center and existing Capitol Expressway light rail line, as shown in Attachment A. It was acquired as a construction staging area for the BART SVBX project and is no longer needed for that purpose with the wrapping up of construction.

The VTA Joint Development site is the last site available for development, aside from older industrial properties east of the new Transit Center parking structure. Recent discussions with City of Milpitas staff have indicated that there would be support for a project consistent with the TASP. The specific development project would be defined based on the proposal selected by the Board of Directors for an ENA. The selected developer will be responsible for obtaining final entitlements and working with the City of Milpitas, subject to VTA approval of the application to the City and City requirements.

The RFP will require that any mixed use residential proposal would include at least 20 percent of residential units be provided as affordable units pursuant to the VTA Joint Development Parcel.

Where:  VTA Administration and Finance Committee

When: Thursday January, 18, 2018 12:00 PM VTA Conference Room B-106 3331 North First Street San Jose, CA

Link to agenda:   http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/af_011818_packet.pdf

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