Diridon Station Area Advisory Group to hear Google’s draft design principle & create “Solution Groups”
The SAAG will discuss items including the following:
Google’s Design Principles and Inspiration: Presentation will share Google’s draft ‘principles of place,’ values to help guide proposed development efforts in San Jose and beyond. The presentation will also highlight examples from around the world undertaken by others that demonstrate the principles in action.
Existing Conditions Information: Brief presentation highlighting the baseline or existing conditions data, including demographics that was requested and what has been gathered to date, and to discuss future data needs.
Solution Groups: Discussion to confirm Solution Group topics and subtopics and the structure of the meetings, and a sense of which Solution Groups SAAG members want to volunteer for.
Where: San Jose Diridon Station Area Advisory Group (SAAG)
When: April 9, 2018, 6 pm, Wing Rooms 118-120
Link to agenda packet: http://www.sanjoseca.gov/DocumentCenter/View/76126
Approve agreements with MEF (AFSCME 101), IFPTE 21, Exec and unrepresented employees
Council will consider approving the terms of multiple labor agreements with city employees for terms ranging from July 1, 2018 through June 30, 2021. Summaries of the agreements are below:
- Municipal Employees’ Federation, AFSCME Local 101 (MEF): MEF currently represents approximately 2,171 full-time equivalent positions. This unit includes employee job classifications such as Code Enforcement Inspectors, Public Safety Dispatchers, Office Specialists, Librarians, and Planners.
Effective July 1, 2018, all salary ranges for employees holding positions in classifications assigned to MEF shall receive an approximate 5% ongoing non-pensionable compensation increase.
Effective June 30, 2019, all salary ranges for employees holding positions in classifications assigned to MEF will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom step of the pay range being increased by approximately 3.0%. Employees assigned to part-time classifications shall be paid an hourly rate equivalent to the hourly rate for the same full-time classification.
Effective June 28, 2020, all salary ranges for employees holding positions in classifications assigned to MEF will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom step of the pay range being increased by approximately 3.0%. Employees assigned to part-time classifications shall be paid an hourly rate.
Effective July 1, 2018, a classification salary adjustment of approximately 3% will be made for the following classifications.
- Code Enforcement Inspector I/II (3 938/3939)
- Zoo Keeper FT/PT (6353/6354)
- Senior Zoo Keeper (6355)
All salary ranges for employees holding positions in the classifications shown above shall be increased by approximately 3%.
- Association of Engineers and Architects, IFPTE, Local 21 (AEA), Units 41/42: AEA currently represents approximately 305 full-time equivalent positions. These bargaining units include employees in the classifications of Engineer, Architect, Senior Engineer and Senior Architect.
Effective July 1, 2018, all salary ranges for employees holding positions in classifications assigned to AEA shall receive an approximate 5% ongoing non-pensionable compensation increase.
Effective June 30, 2019, all salary ranges for employees holding positions in
Increase classifications assigned to AEA will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom step of the pay range being increased by approximately 3.0%.
Effective June 28, 2020, all salary ranges for employees holding positions in classifications assigned to AEA will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom step of the pay range being increased by approximately 3.0%.
Effective July 1, 2018, employees will be eligible for a professional incentive of 1 .5% for the Project Management Professional (PMP) license/certification. The premium pay becomes effective the first full pay period after the date of an approved application is received by the Payroll Department
Effective July 1, 2018, employees may also be eligible for an additional professional achievement incentive of 1.5% (paid biweekly) if the employee holds both a California Professional Engineer License and either the Certified Access Specialist (CASp) or the Structural Engineer License, as issued by the relevant California agency. In no event will an employee by eligible for more than a
professional achievement incentive of 3.0%.
Effective July 1, 2018, employees in the Senior Engineer (3815) classification shall be eligible for a professional achievement incentive of 1.5% (paid biweekly) in addition to their base salary as follows. Employees are only eligible for one (1) professional achievement incentive. In order to receive the professional achievement incentive, an employee must hold one of the following licenses or registrations as issued by the relevant California agency: (1) Certified Access Specialist (CASp), (2) Structural Engineer License, or (3) Project Management Professional (PMP) license/certification.
The maximum reimbursement per fiscal year will be increased from $1,000 to $1,500 for professional development.
- Association of Maintenance Supervisory Personnel, IFPTE, Local 21 (AMSP): AMSP currently represents approximately 112 full-time equivalent positions. This unit is comprised of managers and supervisors working in the following departments: Airport, Department of Transportation, Environmental Services Department, Parks, Recreation and Neighborhood Services, Public Works
and the Library.
Effective July 1,2018, all salary ranges for employees holding positions in classifications assigned to AMSP shall receive an approximate 5% ongoing non-pensionable compensation increase.
Effective June 30, 2019, all salary ranges for employees holding positions in classifications assigned to AMSP will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom step of the pay range being increased by approximately 3.0%.
Effective June 28, 2020, all salary ranges for employees holding positions in classifications assigned to AMSP will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom step of the pay range being increased by approximately 3.0%.
Employees in the Supervising Park Ranger (2425) classification shall be eligible for a Uniform Allowance of approximately $800 per year (to be paid biweekly).
Vacation Sell Back: Beginning calendar year 2019, employees may sell back up to a maximum of sixty (60) hours of accrued vacation per calendar year (from 40 hours).
- Executive Management and Professional Employees (Unit 99): Unit 99 consists of approximately 287 FTEs, including Senior Staff, Executive Staff, senior managers under the City Manager’s Appointing Authority, Council Office staff, senior managers under the appointing authority of the City Attorney, and professional or management employees under the appointing authority of the City Auditor and Independent Police Auditor. In addition, there are employees in Unit 99 who work in the City Clerk’s Office.
Effective July 1, 2018, employees in Unit 99 and Units 81/82 shall Non-Pensionable receive a 5% ongoing non-pensionable compensation increase.
Effective June 30, 2019, employees in Unit 99 and Units 81/82 will receive a pensionable base pay increase of approximately 3%. This will result in both the top and bottom of the pay range being increased by approximately 3.0%.
Effective June 28, 2020, all salary ranges for employees holding positions in classifications assigned to Unit 99 and Units 81/82 will receive a pensionable base pay increase of approximately 3.0%. This will result in both the top and bottom of the pay range being increased by approximately 3.0%.
Council will also consider approving a 2.75% Crisis Intervention Training for 2018 and 1% increase in 2019 for the Chief of Police and Assistant Police Chief.
Where: San Jose City Council
When: Tuesday April 17, 2018 1:30PM, City Hall 200 E Santa Clara St
Link to item: MEF/AFSCME Local 101: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3464133&GUID=ED2CE0F6-35A8-4F3C-802F-2952320B14CD&Options=&Search=
MEF/AFSCME Local 101 Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=6181498&GUID=2304CA61-FBA6-4D91-A044-7820F03265F6
IFPTE Local 21 AEA: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3464870&GUID=5C2B307A-3DB3-44BA-8240-34848FF6979C&Options=&Search=
IFPTE Local 21 AEA Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=6181499&GUID=6E23CC37-5225-44A7-867A-9405AB09FAAD
IFPTE Local 21 AMSP: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3464871&GUID=A23B144B-8DF4-46A0-911A-BD8232A0D111&Options=&Search=
IFPTE Local 21 AMSP Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=6181500&GUID=2FAA218C-4559-464B-BDAC-6D6C469EB6DD
IFPTE Local 21 CAMP: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3464872&GUID=0A0E25A2-1B50-4C09-B544-37EABCD0C546&Options=&Search=
IFPTE Local 21 CAMP Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=6181501&GUID=33D2CF5E-0C99-40AA-9951-CCB2A9239E6C
Executive Management and Professional Employees: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3467449&GUID=F1AAA9E4-AFA9-474D-A3F6-BE047141E1BB&Options=&Search=
Executive Management and Professional Employees: https://www.bizjournals.com/sanjose/news/2018/04/08/photos-silicon-valley-comiccon-welcomes-fans.html
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=594708&GUID=CA2668F5-E5BD-47C2-B911-03BA8CF15136&Options=info&Search=
Santa Clara County RFP for Ambulance Services
Item to be updated with memo.
Where: San Jose City Council
When: Tuesday April 17, 2018 1:30PM, City Hall 200 E Santa Clara St
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3468790&GUID=E5383EAB-7F2E-4AF3-A906-F94E7C4DF11F&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=594708&GUID=CA2668F5-E5BD-47C2-B911-03BA8CF15136&Options=info&Search=
Approve increase of $236K to $8.5m subsidy for SJSC Towers project
Council will consider approving a Downtown High-Rise Residential subsidy of $236,113 for 20 additional units at SJSC Towers (Miro) at 33 N. 5 Street. On October 3, 2017 the City Council approved an economic development subsidy in the amount of $8,475,023 for 610 units in the SJSC Towers (MIRO) at 33 N. Fifth Street. Subsequently, the project developer has proposed to build twenty additional units of housing in the project by converting a portion of the parking at the podium level to residential units. Under the current Downtown High-Rise Residential Incentive Program these additional units qualify for the same level of economic subsidy.
SJSC Towers (MIRO) are two 28-story residential towers, directly across from City Hall on Santa Clara Street, between Fourth and Fifth Streets. With the addition of twenty residential units, the unit count in the towers will be reconfigured so that the west tower will include 304 residential units and the east tower 326 residential units. The project consists of three levels of underground parking and four levels of above ground parking, as well as six commercial condominiums to include approximately 14,381 square feet of ground floor commercial uses and up to 12,000 square feet of flex space.
Where: San Jose City Council
When: Tuesday April 17, 2018 1:30PM, City Hall 200 E Santa Clara St
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3464108&GUID=06EA374F-AF8C-4EDD-9EBF-526D7D4720E5&Options=&Search=
Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=6179103&GUID=1A07404C-8C1E-4EF0-BA18-B31A737A23AB
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=594708&GUID=CA2668F5-E5BD-47C2-B911-03BA8CF15136&Options=info&Search=
City of Santa Clara
Feedback & public hearing on draft maps for district elections
The Ad Hoc Advisory Districting Committee is currently taking public input on draft maps indicating two Council Districts. A professional demographer has developed three draft maps, as well as five maps based on community feedback, for a total of eight draft maps, which will be considered at the final public hearing on April 12 at 6 pm at Central Park Library.
Send any comments and your map preference to districts@santaclaraca.gov or by calling (408) 615-2220
Where: City of Santa Clara Ad Hoc Advisory Districting Committee
When: April 12, 2018, 6 pm
Link to draft maps: www.santaclaraca.gov/districtelections
City of Sunnyvale
Passing laws to prevent wage theft
Study Issue OCM 16-02 (Study Issue), Consider Adoption of a Wage Theft Ordinance, was ranked number two by Council among the proposed Office of the City Manager (OCM) Study Issues in 2017. A budget supplement to provide $20,000 in funding for this project was approved by Council as part of the 2017/18 Adopted Budget. Staff has not used any of the funding and performed all the work with existing staff.
Currently, all potential contractors for goods and services who submit a bid or proposal in response to a City of Sunnyvale solicitation must complete and sign a Bid Form or Invitation for Bid (Certification).
The proposed Council Policy includes an additional statement that would be required of all bidders to disclose any final court judgment or final administrative order issued within the last five years from the date of the submitted bid or proposal relating to wage and hour law violations on the Certification. Should a bidder disclose any final court judgment or final administrative order relating to wage and hour law violations on the Certification that remains unpaid, the City shall disqualify the bidder based on the unpaid final judgment or order. In order to rebut the disqualification, the bidder would need to show that the final judgment or administrative order has been fully satisfied. Staff will work to implement the new procurement protocol as soon as practicable upon Council adoption.
Staff performed a comprehensive review of the Sunnyvale Municipal Code to determine which licenses or permits the City might be able to deny or revoke due to a final wage theft judgement. Building and Fire Permits or other permits issued under technical codes are permits that are ministerial and can only be revoked based on a violation of the technical codes. Land Use Permits are similar.
The City issues a certificate when a business pays its Sunnyvale Business License Tax. However, the Sunnyvale Business License Tax is for revenue raising purposes and there are no regulatory provisions included. Any certificate given to a business is merely a receipt for paying the tax, and not a typical license in a regulatory sense.
For the reasons listed above, staff focused on several chapters in Titles 5 and 9 of the Sunnyvale Municipal Code where a regulatory and enforcement scheme was already in place under the City’s police power. The permits and licenses issued under these chapters are necessary for the operation of certain businesses within the city and are related to the employment of persons who could be at risk for wage theft.
Under the current Municipal Code, an application for a Permit or License may be denied, suspended, or revoked for some of the reasons listed below:
- Misrepresentation or false statement contained in the license application
- Conviction of any crime or misdemeanor involving moral turpitude
- Failure to meet the requirements under the applicable code chapter
The proposed ordinance would add another ground for denial – the violation of applicable wage and hour laws within the previous five years found by a court or by final administrative action of an investigatory government agency that has not been satisfied. In addition to permit denial, the ordinance would allow for the suspension or revocation of the permit or license if, after the permit or license has been issued, the City becomes aware that a final court order or final administrative action for a wage and hour violation has been issued and not satisfied by the permittee or licensee. The specific permits/licenses that could be denied or revoked are:
- Peddlers (Chapter 5.28)
- Private Patrol Services (Chapter 5.32)
- Taxicabs (Chapter 5.36)
- Adult Entertainment Establishments (Chapter 9.40)
- Massage Establishment Operators (Chapter 9.41)
In addition to the above proposed Council Policy and ordinance, staff will also monitor applicable legislation at the state level, and continue working with the Santa Clara County Wage Theft Coalition to advocate for wage theft policies at a regional level and the Santa Clara County OLSE to advocate for Sunnyvale businesses to be included in the food businesses pilot.
Staff recommendations are Alternatives 1, 2 and 3:
1) Make a finding of exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(5),
2) Introduce Ordinance to amend certain Chapters of Sunnyvale Municipal Code Titles 5 and 9 to specifically authorize the denial, suspension or revocation of a permit or license upon a final wage theft judgment, and
3) Adopt a new Council Policy entitled “Wage Theft Prevention Policy.”
Where: Sunnyvale City Council
When: April 10, 2018, 7:00pm
Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=3470598&GUID=D43CBBCD-5104-4CB4-AA1D-FD04A4C32A28
Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=573844&GUID=6AD9768B-0E31-4C3C-B70E-E02FF3B680D1
Alum Rock Unified Elementary School District
Asking the Board to ratify the District’s appeal of SCCOE’s declaration of fiscal distress & exercise of oversight on District’s expenditures
Mary Anne Dewan, Superintendent of the Santa Clara County Office of Education, cited Alum Rock for failing to reconcile books, lacking its required annual audit for the last school year and having “a persistent absence of transparent and prudent board governance” involving fiscal stewardship, conflicts of interest and contracting. Dewan was referring to the district’s relationship with Del Terra Real Estate, which manages Alum Rock’s bond construction program. According to a team of fiscal experts Dewan assigned to Alum Rock, in less than five years the district has paid Del Terra, led by CEO Luis Rojas, $5.03 million. Yet despite its construction binge, several Alum Rock schools still lack air conditioning and heating. On March 16, 2018 the District received correspondence from Dewan, stating that the District is in “fiscal distress” and concluding that it was a basis to exercise the authority to stay and rescind any action by the District that is determined to be inconsistent with the District’s ability to meet its obligations in the current or subsequent fiscal years.
The District’s Attorney’s report and letter states that Superintendent Dewan failed to comply with the statutory requirement to declare the district in fiscal distress. The letter also alleges that Superintendent Dewan skipped six statutory mandated steps based on Ed. Code that the County must take in conjunction with a school district prior to affirming stay and rescind actions. In addition, the report alleges that Superintendent Dewan acted “arbitrarily and capriciously” abusing her discretion and using the FCMAT report to violate mandates in Ed. Code due process.
In 2017, SCCOE approved the district budget and noted that the district met its financial obligations during the fiscal year and is consistent with a financial plan that will enable the district to satisfy its multi-year financial commitments. SCCOE later concluded that the budget was conditionally approved. The FCMAT report did identify issues with the District’s internal controls and failure to properly account for its cash. The Superintendent and CBO have provided the Board with updates on the internal control issues and in reconciling the District’s cash. The letter concludes that Superintendent Dewan usurped the authority of a duly elected Governing Board. The letter urges that Superintendent Dewan rescind her Stay and Rescind of All General Fund Expenditures of the District and further direct her to comply with her ministerial obligations.
Where: Alum Rock Union Elementary School District
When: April 12, 2018/ 5:30 p.m./Board Room
Link to full packet: https://drive.google.com/file/d/1AqpXIR-EA3uqymAS2vsoOWIiBg8mwMAp/view?usp=sharing (caution: large file!)
Link to agenda: https://www.arusd.org/cms/lib/CA01001158/Centricity/Domain/11/4.12.2018.pdf
Approving amended Board Policy regarding Superintendent’s Contract
The Board will approve the second reading of amended Board Policy 2121, Superintendent’s Contract. The policy notes that the Superintendent’s term shall be for no more than four years; and the Board may deliberate terms of the contract in closed session to discuss salary, or other compensation. The policy also states that the final contract shall be approved during a regular meeting and copies will be provided to the public. The policy notes that in any case of abuse of position or office, the Superintendent shall reimburse the district for payment of salary or any funds expended by the district against a crime involving his/her position.
Where: Alum Rock Union Elementary School District
When: April 12, 2018/ 5:30 p.m./Board Room
Link to full packet: https://drive.google.com/file/d/1AqpXIR-EA3uqymAS2vsoOWIiBg8mwMAp/view?usp=sharing (caution: large file!)
Link to agenda: https://www.arusd.org/cms/lib/CA01001158/Centricity/Domain/11/4.12.2018.pdf
Franklin-McKinley School District
Provisional Board appointment, following John Lindner’s resignation
The Board will interview candidates, and approve a provisional appointment to the Board of Trustees vacancy seat, following the resignation of Board Member John Lindner.
Where: Franklin-McKinley School District
When: April 7, 2018/ 10:00 a.m. /District Service Center – Board Room
Link to item: http://www.boarddocs.com/ca/fmsd/Board.nsf/goto?open&id=AXCT6U75D328 & http://www.boarddocs.com/ca/fmsd/Board.nsf/goto?open&id=AXCT7875F397
Link to agenda: https://www.boarddocs.com/ca/fmsd/Board.nsf/vpublic?open
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