Policy Watch: Week of 8/6

City of San Jose

Khamis memo to extend standard hours for construction work

Councilmember Khamis recommends that council direct the City Attorney to draft ordinance revisions to add standard hours of construction on Saturdays from 9am-6pm, present some options for revising the weekday hours of construction by raising the end time from 7pm to 9pm and implementing a standard “second shift” that extends to 2am on weekdays. The revisions would also add noise and activity-based restrictions.

The current Municipal Code states that, without planning approval, “no applicant or agent of an applicant shall suffer or allow any construction activity on a site located within 500 feet of a residential unit before 7:00 AM or after 7:00 PM, Monday through Friday, or at any time on weekends.” Comparable cities, such as San Francisco and Oakland, have fewer restrictions on construction hours. When project delays happen and extended hours are requested after the initial permits are issued, builders can apply for an exception to work on Saturdays or to work extended hours, but it can take two to three months for the public outreach and application review process to be completed. This proposal instead provides standard hours consistent with other cities and would complete the public outreach one time. This should eliminate extra staff work involved in processing exceptions and allow project sponsors more flexibility in managing their construction schedules.

Where: San Jose Rules and Open Government Committee

When: Wed, August 8, 2018, 2pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3590930&GUID=CC922F16-FEDA-44E1-B04F-FF397F016FAE&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=612831&GUID=4E7CB640-322B-41D0-AE19-49919E995355&Options=&Search=

 

Closed session negotiation with Earthquakes for property at Champions Way

Negotiation of price and terms of payment for a 10.5 acre portion at Champions Way. The City will be negotiating with Coleman Airport Partners and Earthquakes Soccer, LLC.

Where: San Jose City Council

When: Tues, August 7, 2018, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3596123&GUID=69CB866D-A440-483A-877C-EA6FD734A1D4

Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610813&GUID=35143E9D-C00E-401A-8187-DD1817E8F885  

 

Approve $47m purchase of San Jose Convention Center South Hall Site with commercial paper

Council will consider taking the following actions related to the purchase of the South Hall (“The Blue Tent”) site next to the convention center. The city will consider increasing the borrowing authorization from its commercial paper notes to finance the transaction. Council will consider taking the following actions:

(1) Approve issuance of commercial paper notes in order to finance the purchase of the San José Convention Center South Hall property (“South Hall”) in an amount not to exceed $47 million.

(3) Approval of a Purchase and Sale Agreement and Escrow Instructions between the Successor Agency to the Redevelopment Agency of the City of San Jose, as seller and the City of San José as buyer to allow the purchase of South Hall for a price of $47,000,000, plus closing costs.

(4) Adopt the following 2018-2019 Funding Sources Resolution and Appropriation Ordinance Amendments in the Convention and Cultural Affairs Capital Fund (560):

(1) Establish a revenue estimate for Financing Proceeds in the Amount of $42,400,000;

(2) Increase the Convention Center Expansion appropriation to the Office of Economic Development in the amount of $40,100,000;

(3) Establish the South Hall Site Acquisition Debt Service appropriation to the Finance Department in the amount of $1,750,000; and

(4) Increase the Unrestricted Ending Fund Balance in the amount of $550,000.

Where:  San Jose City Council

When:  Tuesday August 14, 2018 1:30 PM City Hall

Link to item:  SJFA http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3795

Link to agenda: http://legistar.granicus.com/sanjose/meetings/2018/8/1256_A_City_Council_18-08-14_Agenda.pdf   

 

Considering cardroom tax ballot measures and changes to cardroom regulations

Council will receive a status report and provide possible direction to the staff on potential cardroom tax measures and changes to cardroom regulations.

Where: San Jose City Council

When: Tue. August 7, 2018, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3589602&GUID=A9A203D4-AFB9-49CC-BD54-52B75F776668

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610813&GUID=35143E9D-C00E-401A-8187-DD1817E8F885&Options=&Search=

 

 

City of Santa Clara

Special meeting to call Nov. election foe new City Council districts; nomination period closed Aug. 10

On July 24, 2018, Judge Thomas E. Kuhnle of Santa Clara County Superior Court issued an “Amended Statement of Decision: Remedies Phase of Trial; Judgment” in a lawsuit filed against the City under the California Voting Rights Act (CVRA). The Court ordered the City to adopt district-based elections based on the lines shown on Draft Plan 3. The Court ordered that the Mayor may continue to be elected at-large. Further, the Court ordered that elections be held for each district in the following sequence: Mayor and Districts Two and Three are up for election in November 2018, and Districts One, Four, Five and Six are up for election in November 2020.

In compliance with the Court’s Order, the City must now call a General Municipal Election to elect Council Members to represent Districts Two and Three as designated by the Court. The nomination period will close at 5 p.m. Friday, August 10, 2018.

A dedicated website has been created with more information on the Court-Ordered election process, as well as an interactive map for residents to determine which Council District they reside within at www.santaclaraca.gov/districts .

Where: Santa Clara City Council

When:  Aug. 7, 2018, 9 am

Link to item: https://santaclara.legistar.com/ViewReport.ashx?M=R&N=Master&GID=693&ID=3596037&GUID=0591CA6B-7064-49E0-A018-65C8933A30BB&Extra=WithText&Title=Legislation+Details+(With+Text)

Link to agenda:  https://santaclara.legistar.com/View.ashx?M=A&ID=619651&GUID=BA6C8339-1A6B-4FDC-9EC2-46AA7C8A5023

 

 

City of Milpitas

Placing two measures in Nov. 2018 ballot: TOT Tax Increase with a maximum of 14%, and Cannabis Use Tax Measure

Staff recommends that the Board:

  1. Receive a report from Fairbank, Maslin, Maullin, Metz and Associates (FM3) regarding public opinion polling of two potential tax measures for the November 6, 2018 ballot.
  2. Adopt a resolution authorizing placement of a Transient Occupancy Tax (TOT) Increase Measure of up to a maximum of 14% on the November 6, 2018 Ballot. (Option 1)
  3. Adopt a resolution authorizing placement of a Cannabis Use Tax Measure on the November 6, 2018 Ballot allowing taxes on cannabis (marijuana) businesses to be set at maximum rates of $10 per canopy square foot for cultivation (adjustable for inflation), 10% of gross receipts for retail cannabis businesses, and 6% for all other cannabis businesses.
  4. Direct staff to initiate process on draft zoning ordinance to regulate cannabis cultivation for personal use and to prohibit all commercial cannabis uses.

Staff support adopting the TOT – Option 1 (ballot language)

“Milpitas Transient Occupancy Tax Measure. To provide funding to maintain general city services, including police/fire protection, 9-1-1 emergency response, senior/library services, park maintenance, pothole repair/street paving and attracting/retaining local businesses, shall an ordinance be adopted increasing the maximum transient occupancy tax paid by hotel guests, from 10% up to as much as 14%, providing approximately $5,200,000 annually until ended by voters, subject to independent, public audits, with all funds used locally?”

Cannabis Use Tax (ballot language):

“Milpitas Cannabis Tax Measure. To provide funding for general city services, including police, fire, streets and libraries, shall an ordinance be adopted establishing City taxes on cannabis (marijuana) businesses at maximum rates of $10 per canopy square foot for cultivation (adjustable for inflation), 10% of gross receipts for retail cannabis businesses, and 6% for all other cannabis businesses, providing approximately $1,670,000 annually until ended by voters, subject to independent audits, with all funds used locally?”

Where:  Milpitas City Council

When: August 7, 2018/ 7:00 p.m./ 455 E. Calaveras Blvd.

Link to item:   http://www.ci.milpitas.ca.gov/our-government/city-council/city-council-agendas-and-minutes-2/

Link to agenda:   http://www.ci.milpitas.ca.gov/our-government/city-council/city-council-agendas-and-minutes-2/

 

Santa Clara Unified School District Board

Presentations addressing pros/cons of PLAs

Diedree Sakai of Dannis Woliver Kelley will present the Board with an informational report addressing PLAs.  Ms. Sakai along with representatives from various groups, both in support and opposition to PLAs, are scheduled to attend the meeting and address the Board.  The intent is to provide pertinent and relevant information the Board. Staff will need direction from the Board concerning PLAs.

Where:   Santa Clara Unified School District Board of Trustees

When: August 9, 2018/ 5:30 p.m./District Board Room

Links to item: Attorney presentation: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=870467&IsArchive=0

ABC presentation: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=867266&IsArchive=0 , http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=867263&IsArchive=0

SCBTC presentation: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=867261&IsArchive=0

Link to agenda:   http://agendaonline.net/public/Meeting.aspx?AgencyID=209&MeetingID=61760&AgencyTypeID=1&IsArchived=False

 

West Valley-Mission Community College District Board

Placing GO Bond Measure for $698M on November ballot

At its April 3, 2018 meeting, the Board directed staff to prepare a resolution calling for an educational facility bond election in the amount of $698 million to be held on November 6, 2018.

The resolution before the Board calls an election within the District for the purpose of approving general obligation bonds, requests that the Santa Clara County Registrar of Voters conduct the election on behalf of the District, and authorizes the preparation of election materials, including ballot arguments and tax rate statement, to be included in the ballot pamphlet.

The Ballot language is as follows:

“WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT LOCAL, AFFORDABLE, CAREER/JOB TRAINING, REPAIR, VETERAN SUPPORT MEASURE. To upgrade educational facilities/technology to prepare students/veterans for 21st-century jobs, university transfer; update science, engineering, math classrooms, labs for nursing/healthcare careers; acquire, construct, repair, classrooms, facilities, sites, equipment; shall West Valley-Mission Community College District’s measure authorizing $698,000,000 in bonds at legal rates, levying $13/$100,000 assessed value averaging $39,000,000 annually while bonds are outstanding, be approved, with oversight, audits, no money for administrators’ salaries/ pensions?”

Where:   West Valley-Mission Community College District Board of Trustees

When: August 7, 2018/ 7:00 p.m./ Mission College, Room TAV130 (Public Session)

Link to agenda packet:   https://www.wvm.edu/trustees/Public%20Documents/180807A.pdf

 

 

Foothill-DeAnza Community College Board

Report on budget cuts, the Board’s role, and budget reduction principles draft document

Trustees will discuss Board responses to students and staff about budget cuts, the Board’s role in the budget discussion, and the below proposed budget reduction principles.

BOARD BUDGET REDUCTION PRINCIPLES/ GOALS: DRAFT

  1. Eliminate, or substantially reduce, District’s structural deficit.
  2. Maintain adequate fund balances, made up of 5% mandated reserve and additional funds to buffer possible future enrollment declines or meet other critical budgetary needs.
  3. Make budget reductions with an eye on both meeting short term budget goals and positioning District for long term enrollment growth and academic excellence.
  4. Maintain District buildings and other infrastructure to prevent buildup of deferred maintenance.
  5. Consider reductions of programs so cuts/layoffs are made in the best interest of students across all employee groups—faculty, classified, administrative.
  6. Implement reductions in ways consistent with union contracts.
  7. Honor our commitments to students who are midstream in a program being cut.

Where:   Foothill-De Anza Community College District Board of Trustees

When: August 6, 2018/ 6:00 p.m./Foothill College Toyon Room (Room 2020)

Link to item:  http://www.boarddocs.com/ca/fhda/Board.nsf/goto?open&id=B2ZS4269FC68

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

 

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