County of Santa Clara
Supervisor Chavez referral to provide pre-development support to School Districts or Public Hospital District to explore affordable housing developments
This referral would authorize the Office of Supportive Housing to enter into agreements of up to six months with Santa Clara County school districts and or a public hospital district to explore specific affordable housing developments on land owned by school districts and/or hospital district-owned land. Under these short-term agreements, the Office of Supportive Housing would provide K-12 school districts and/or a public hospital district with preliminary predevelopment support.
This referral requires that the Administration send a letter to K-12 school districts and the El Camino Hospital District within 30 days asking if they are interested in pursuing such agreements. The districts would have 60 days to elect to enter such agreements.
The El Camino Hospital District is currently exploring the possibility of workforce housing on its lands.
Where: Santa Clara County Board of Supervisors
When: 8/28/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9960&MediaPosition=&ID=93070&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9960
Supervisor Chavez referral for options to address slavery, human trafficking, wage theft and sexual assault in the construction of housing
No summary available
Where: Santa Clara County Board of Supervisors
When: 8/28/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose
Link to item: No link for this item
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9960
Certifying Final EIR for 55-acre Civic Center Master Plan
The Board will certify the Final Project EIR for the Civic Center Master Plan. The Master Plan includes 55 acres of County-owned real property slated for re-development, much is which is planned to be used for public facilities. Based on concerns raised through a discussion of this item at the August 14th meeting, the following documents were revised:
- a) Resolution, including a revised Exhibit A Mitigation Monitoring or Reporting Program (MMRP);
- b) Revised Final Environmental Impact Report (Revised FEIR) dated August 2018; and
- c) Revised Design Guidelines dated August 2018.
Concerns raised about traffic and the urban village plan were incorporated into the revised documents.
While Administration held talked with the City of San Jose and emphasized that the County would seek to maximize flexibility for re-zoning its lands, Administration received no indication that the City would encourage consideration of County housing outside the normal Urban Village planning process. The current policies of the City require that development that creates employment take precedence over housing developments.
Where: Santa Clara County Board of Supervisors
When: 8/28/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9960&MediaPosition=&ID=92971&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9960
Approving $1,652,087 & workplan direction for new Division of Equity and Social Justice
The Board will take the following possible action:
- Receive report from the Office of the County Executive relating to the resource allocation requests prompted by the Special Hearings on Immigration Issues, Women’s Issues, and Hate Crimes and Climate Issues.
- Approve Request for Appropriation Modification No. 61 – $1,652,087 transferring funds from the Reserve for State and Federal Budget Impacts to the Office of the County Executive budget relating to recommendations stemming from the Special Hearings on Immigration Issues, Women’s Issues, and Hate Crimes and Climate Issues. (This item requires a 4/5 Roll Call Vote)
To address the interconnected issues raised in the Special Hearings, Administration created a new Division of Equity and Social Justice, which will:
- Serve as a bridge between the County and community to ensure community-driven priorities and needs are heard and present in policy-making;
- Forge collaborations and partnerships between government, non-profit communities, communities of faith, and the private sector;
- Infuse an intersectional lens with focused actions;
- Introduce cross-systems strategies that are trauma-informed, healing-focused, and culturally-responsive;
- Focus on data analysis and research to inform emerging policies.
The early draft of the Division’s mission, vision, and guiding principles is included in the memo, as well as a description of the Division’s proposed core work areas. Overall, the creation of the Division requests the allocation of 10 full-time employees, as well as funds to support programs and activities.
Where: Santa Clara County Board of Supervisors
When: 8/28/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9960&MediaPosition=&ID=92790&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9960
Approve several Indemnification and Insurance Agreements with PACE Administrators
The Board will take the following possible action:
- Approve Amended and Restated Indemnification and Insurance Agreement with Renovate America, Inc., the administrator of the California Hero Program, relating to the enrollment of PACE assessments, with no maximum contract amount and no end date, that has been reviewed and approved by County Counsel as to form and legality.
- Approve Amended and Restated Indemnification and Insurance Agreement with Renew Financial Group LLC, the administrator of the CaliforniaFIRST Program, relating to the enrollment of PACE assessments, with no maximum contract amount and no end date, that has been reviewed and approved by County Counsel as to form and legality.
- Approve Indemnification and Insurance Agreement with Ygrene Energy Fund California, LLC, the administrator of the Ygrene Works Program, relating to the enrollment of PACE assessments, with no maximum contract amount and no end date, that has been reviewed and approved by County Counsel as to form and legality.
- Approve Indemnification and Insurance Agreement with CounterPointe Energy Solutions (CA) LLC, the administrator of the California Statewide Communities Development Authority (CSCDA) Open PACE-Counterpointe SRE Program (commercial), relating to the enrollment of PACE assessments, with no maximum contract amount and no end date, that has been reviewed and approved by County Counsel as to form and legality.
- Approve Indemnification and Insurance Agreement with PACE Funding Group, LLC, the administrator of the CSCDA Open PACE Program, relating to the enrollment of PACE assessments, with no maximum contract amount and no end date, that has been reviewed and approved by County Counsel as to form and legality.
- Approve Indemnification and Insurance Agreement with Petros PACE Administrator, LLC, the administrator of the CMFA Open PACE Program, relating to the enrollment of PACE assessments, with no maximum contract amount and no end date, that has been reviewed and approved by County Counsel as to form and legality.
- Approve Indemnification and Insurance Agreement with Dividend Finance, LLC, the administrator of the CEDA RESI PACE Program, relating to the enrollment of PACE assessments, with no maximum contract amount and no end date, that has been reviewed and approved by County Counsel as to form and legality.
PACE programs provide residential and commercial property owners with the option of financing certain energy efficiency retrofits and other improvements by voluntarily agreeing to have a special assessment placed on their property tax bill. Cities within the County have authorized various PACE programs, joining governmental joint powers authorities that contract with third-party administrators to implement the program.
The type of property (residential or commercial) and the type of improvements covered varies depending on the particular PACE program. The financing is accomplished through a funding mechanism that allows for repayment as an ongoing annual assessment levied on the County secured tax roll. The length of the repayment term depends upon the lending criteria of partnering banks and financial institutions, as well as other factors.
The joint powers authorities that have pending enrollments for PACE programs for Fiscal Year 2018-19 are summarized in the chart below.
| Joint Powers Authority | PACE Program | Administrator | Cities that participate in the program[1] |
| Western Riverside Council of Governments | California Hero Program | Renovate America, Inc. | Campbell, Gilroy, Morgan Hill, Mountain View, San Jose, Santa Clara, Saratoga |
| California Statewide Communities Development Authority | CaliforniaFIRST Program | Renew Financial Group LLC | Campbell, Cupertino, Gilroy, Los Altos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale |
| Golden State Finance Authority | Ygrene Works Program | Ygrene Energy Fund CA, LLC | Campbell, Gilroy, Morgan Hill, San Jose, Santa Clara |
| California Statewide Communities Development Authority | CSCDA Open PACE- CounterpointeSRE Program (commercial) | CounterPointe Energy Solutions (CA), LLC | Gilroy, Milpitas |
| California Statewide Communities Development Authority | CSCDA Open PACE Program | PACE Funding Group, LLC | Cupertino, Gilroy |
| California Municipal Finance Authority | CMFA Open PACE Program | Petros PACE Administrator, LLC | Gilroy, Morgan Hill |
| California Enterprise Development Authority | CEDA RESI PACE Program | Dividend Finance, LLC | San Jose |
The County is responsible for enrolling PACE assessments on the County’s 2018/19 (and subsequent years) secured tax roll. The County has sought and received indemnification from the administrators, as established in the Indemnification and Insurance Agreement executed by each entity.
The Indemnification and Insurance Agreement prepared by the County and presented to and accepted by the administrator provide a broad indemnification for the County, excepting only damages caused by the sole negligence or willful misconduct of the County. The indemnification remains in full force and effect in perpetuity. The agreement also requires the administrator to maintain a minimum limit of general liability, automobile liability, workers’ compensation and employers liability, professional errors and omissions liability, and directors and officers liability insurance during the operation of the PACE program.
Where: Santa Clara County Board of Supervisors
When: 8/28/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9960&MediaPosition=&ID=92619&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9960
City of Santa Clara
Approve $155K for audit of the Tourism Improvement District as part of Convention Center audit
Staff recommend that council approve an expanded contract in the amount of $155,020 with TAP International to conduct a performance and financial audit of the Tourism Improvement District as part of its audit related to the Convention Center and Convention-Visitors Bureau.
On June 5, 2018, City Manager’s Office executed a sole source contract with a not-to-exceed amount of $83,620 with TAP to assess revenues and expenditures for the City’s Convention Center and assess the adequacy of structures, systems, controls, and processes that impact financial management of the Convention Center. Following the data gathering and initial review phase of the Convention Center and CVB performance audit, TAP has recommended that a financial audit be performed on the TID.
The TID audit includes an examination of the following questions: 1) Have the hotels participating in the TID accurately remitted TID revenue to the City for FY15/16, and FY16/17? 2) Are the expenses of the TID consistent with TID bylaws and policies since FY12/13? 3) What is the nature and extent of any outstanding bills and payables, if any, that have not yet been recorded in the TID’s financial system? The proposed scope of work would be conducted during September. The presentation of performance audit findings for the Convention Center and CVB is anticipated in September. A presentation to Council on the findings of the financial audit will be targeted for October.
Where: Santa Clara City Council
When: Tue, August 28, 2018, 5pm
Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3627660&GUID=6A17B601-3E60-40C7-A3FA-393C2AFEE10E&Options=&Search=
Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=590773&GUID=3AB0B797-0EDE-4136-9513-3801FD3A18A0&Options=info&Search=
Foothill-DeAnza Community College District
Report on budget reductions of $6M for Foothill and $8.8M for DeAnza
The Board will receive a report on the first phase of budget reductions and the timeline of the second phase for Foothill College and DeAnza College. Foothill will be cutting a total of $6.1M or 35 percent of its budget, with $1.75M cut in phase 1 and $4.4M to be implemented in phase 2 starting July 2019. DeAnza is cutting a total of $8.8M, with $2.5M cut in phase 1. Phase 2 reductions will be finalized in the fall.
Where: Foothill-DeAnza Community College District
When: Mon, August 27, 2018, 6pm
Link to item: http://www.boarddocs.com/ca/fhda/Board.nsf/goto?open&id=B3PPQY547825
Link to agenda: https://www.boarddocs.com/ca/fhda/Board.nsf/Public
Santa Clara Valley Water District
Considering release of legal memo and report for audit of Lower Silver Creek Flood Protection Project
Council will consider whether to waive attorney-client privilege for two documents requested by the auditor for the Lower Silver Creek Flood Protection Project Audit—a memo containing conflict of interest advice, and a fact-finding report investigating allegations of ethical violations, conflict of interest, and corruption surrounding the District’s dealings with RMC Water and Environment Incorporated. Staff recommend releasing the memo, but not the fact-finding report.
On February 27, 2018, the Board considered and approved the Board Audit Committee’s recommendation to expand the scope of the Lower Silver Creek Flood Protection Performance Audit to include, among other things, a review of the media allegations in newspaper reports and video to ensure they have been addressed. The approved Audit specifically included review of the Firewall Process. Since 2015, the District has faced scrutiny over its relationship with the consultant RMC Water & Environment, which received millions of dollars in contracts that were amended and increased without public disclosure or board approval. One of the water district’s high ranking officials, Melanie Richardson, is married to RMC co-founder Tom Richardson. Media reports contended that the “firewall” policies meant to prevent her from influencing contracts with RMC were weak and not well-understood by staff.
Auditor PMA has requested access to the “Firewall Memorandum” relating to Melanie Richardson, which was written by District counsel Leslie Orta to former Chief Operating Officer of Watersheds, Marc Klemencic, regarding Melanie Richardson’s role. Since the Board has approved an audit that specifically includes review of the Firewall Process, staff recommends that attorney-client privilege may be waived in this releasing this document.
With regards to the second document, at the prior request of the Board, the District Counsel’s Office retained outside counsel, Michael Moye (formerly of Hanson Bridgett), to conduct a fact finding investigation. Moye’s report was communicated to the District Counsel’s Office as a confidential attorney-client communication. At the Board’s regular open public meeting of December 8, 2015, the District Counsel’s Office reported the results of that fact-finding investigation. Unlike the Firewall Memorandum, the work performed by outside counsel was not specially included by the Board as an approved Audit task. On that basis, staff do not recommend waiving the privilege for releasing this document.
Where: Santa Clara Valley Water District
When: Tue. August 28, 2018, 4pm
Link to item: https://scvwd.legistar.com/LegislationDetail.aspx?ID=3618704&GUID=1F155DB2-9EE8-47D8-81F9-6835279ECEF3&Options=&Search=
Link to agenda: https://scvwd.legistar.com/MeetingDetail.aspx?ID=559410&GUID=60F9234A-0033-4682-85A8-49BE9414C673&Options=info&Search=
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