Ethics Commission to give input on proposal to hold Mayoral Elections concurrent with Presidential Elections
The Rules Commission voted to recommend to City Council to adopt a resolution calling for a ballot measure asking the voters of San Jose to move San Jose mayor elections to years concurrent with national Presidential elections (currently they are held in between Presidential elections). If approved, the ballot measure would go before the voters in 2020. The resolution was recommended in a memo by Vice Mayor Carrasco and Councilmembers Jones, Jimenez, and Rocha.
On Oct. 16, the City Council referred this item to the Ethics Commission for feedback before returning it to Council.
The report includes additional support letters from organizations and individuals.
Where: City of San Jose Board of Fair Campaign and Political Practices
When: November 28, 2018/5:30 p.m./ San José City Hall Tower Room T-1734
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3693225&GUID=5A56C6C1-CAE5-40B1-A6BC-BB0FF150A109
Additional letters from public: http://sanjoseca.gov/DocumentCenter/View/81333
Link to agenda: http://www.sanjoseca.gov/index.aspx?nid=452
Review of homeless programs report and audit; Peralez / Carrasco asks to agendize direction on a Commercial Linkage Fee
MEMOS:
- 11/21 Supplemental memo from Housing Director Jacky Morales-Ferrand includes analysis on the City Council direction from prior meeting to consider of two additional safe parking program sites and use HEAP funds to expand this pilot program
- 11/21 Memo from Mayor, CM Jones and CM Davis recommends that the City Manager work to establish a “Humane Public Toilet” program, which expands toilet availability and accessibility using $200,000 relocated from the motel voucher expenditure plan. Memo recommends twice-yearly HEAP expenditure reportbacks to NSE which include “apples-to-apples metrics” (e.g., dollars-expended-per-individual-moving-to-permanent-housing) that enable the Council to better understand where best to invest each marginal dollar
- 11/21 Memo from Mayor, Peralez, Jimenez and Rocha recommends to: work with the Mayor’s Office of Technology and Innovation and the City Manager’s Innovation Office to assess what resources would be required to develop a San Jose-based equivalent of “Link-SF” to better disseminate critical information to homeless residents; official tracking of when and why homeless residents decline referrals including shelter placements; clarify the legal requirements that have compelled the substantial increase in creek encampment abatement; direct the City Manager’s Office to develop an cross- agency homelessness response workplan by Spring 2019
- 11/21 Memo from VM Carrasco and Peralez – Recommends that the Council agendize a discussion on a Commercial Linkage Fee (CLF) (per a September 10, 2018 memorandum from Mayor Liccardo) before the end of the calendar year.
Original item: Recommendation: Per the Neighborhood Services and Education Committee meeting last week, accept the audit of homeless assistance programs and annual homeless programs report. Discuss the proposed community wide funding priorities and expenditure plan for the Homeless Emergency Aid Program (SB850 or HEAP).
Homeless programs: While the City recognizes that permanent affordable housing is the ultimate solution to homelessness, in the meantime it focuses on 3 main programs for meeting the immediate needs of those who are homeless or at risk of homelessness:
- Housing Based Solutions, which comprised $12.8M in spending or 59% of the budget. This categories comprises items like rental subsidies and case management to prevent homelessness, as well as affordable housing developments.
- Crisis Response Interventions, which comprise 15% or 3.2M of the budget and include street outreach, a homeless concerns hotline, mobile hygiene and other services.
- Interim housing, 1.4M or 6% of the budget, includes services like the Plaza Hotel, a temporary housing solution.
Encampment abatement, which is not a strategy to end homelessness and involves demolishing homeless encampments, comprised 8% of the budget.
Audit report: The audit made 4 recommendations to improve the effectiveness of homeless programs in San Jose: better coordinate collaboration among City agencies that tackle different dimensions of homelessness (e.g. police, Parks & Rec, firefighters); monitor homeless program grantee performance more rigorously; limit the use of retroactive grantee funding as it causes undue stress to grantees, and the final recommendation was more of a flag that housing shortages are exacerbated following the demolition of encampments. Councilmember Peralez also wrote a memo stressing the importance of the recommendation on interagency collaboration.
HEAP: The California State Senate (including leadership by Jim Beall) passed legislation approving the Homeless Emergency Assistance Program to begin this year. Over $11M has been allocated to the City of San Jose out of a statewide pot of $500M. The Housing Department proposes that HEAP be allocated to the operating and capital expenses of interim housing and crisis response services.
CM Peralez’s memo emphasizes the importance of collaboration both internally and externally, and recommends that the Council also:
- Direct City Manager’s Office to provide an update on Homeless Task Force; and
- Explore inter-departmental approach alongside current regional Homeless Task Force.
Where: San Jose City Council
When: November 27, 2018, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3753830&GUID=057114BD-1580-4B61-9F91-B491F8ADB1A7
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610825&GUID=FB1487C1-280D-4382-90A4-B654D8BB0048
New memo details plan for Measure T project delivery
Supplemental MEMO: This staff memo provides an update on the plan and strategy for delivering the projects associated with Measure T-The Disaster Preparedness, Public Safety and Infrastructure Bond. There is a significant amount of work that is already underway to prepare for program delivery, including the following: the creation of a governance system to facilitate coordination between City agencies involved in Measure T implementation; a reporting structure to provide progress reports to the Mayor, City Council, and general public; the development of staffing models; the development of requests for proposals for consultants; a plan to work starting in December with a design consultant on Fire Station 37; scoping out potential land acquisitions for new projects; the identification streets for repaving, and the development of a plan to do so; and bond issuance timing.
Original item: If Mayor Liccardo’s November 7, 2018, Rules and Open Government Committee memorandum is approved by the City Council, staff will take the following actions: 1) Staff will amend Attachment A to the City Manager’s September 11, 2018, memorandum to (1) Preserve Fire Station 37 as a priority project; (2) Build at least two new fire stations in addition to rebuilding/relocating Fire Stations 8 and 23; and (3) Supplanting “Public Safety Headquarters Infrastructure Needs” with “Police Headquarters Infrastructure Needs”.
If Mayor Liccardo’s Rules Committee memorandum is approved, staff will distribute the revised Attachment A in an informational memorandum. 2) Staff will begin updating the 2015 San Jose Fire Department Strategic Business Plan with timelines for rebuilding/relocating Fire Stations 8 and 23 and for the two additional new stations. The amount of Measure T funding available for other potential fire station rehabilitation projects outside of these four will likely not be known until later in 2019 as the final locations and scopes of work for the other projects in the Public Safety category are developed. 3) As the date for certification of the election results is currently unknown, staff would like to target February 12, 2019, to return with more detail on the timeline for Fire Station 37 and the additional stations. As mentioned above, staff is already moving forward with the design completion for Fire Station 3 7. As previously mentioned, staff will return to the Mayor and City Council with a detailed strategy on moving forward with Measure T projects and programs on February 12, 2019. In the meantime, significant work efforts are underway to ensure successful and timely delivery of the projects associated with Measure T.
The Rules Committee recommends (in response to memo put forth by Mayor Liccardo at prior mtg) that City Council direct the City Manager to focus Measure T project list on fire stations, as follows:
- Revise Proposed General Obligation Bond Project Categories to keep “Build Fire Station 37” as a priority project; to change the point on “Rebuild/relocate or build two fire stations” to “Build at least two new fire stations, including property acquisition, or conversion of existing City land and rebuild/ relocate fire stations 8 and 23,” and change the point about “Public Safety Headquarters Infrastructure Needs” to specifically “Police Headquarters Infrastructure Needs”
- Accelerate the development of a Facilities Master Plan with specific timelines for the construction and rehabilitation of the fire stations called for under Measure T.
- Within 60 days of the certification of the election results, return to Council with a timeline for the implementation and funding of staffing/operations of Fire Station 3 7, and a timeline for the construction of the next new fire station, with the purchase of land within 24 months.
Where: San Jose City Council
When: November 27, 2018, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3755302&GUID=0ABE3541-A422-4EC1-88EC-714BCE2B0474
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610825&GUID=FB1487C1-280D-4382-90A4-B654D8BB0048
Approving land sale, MOU, & other agreements with Google to sell land in Diridon Station Area
Recommendation:
- Approve a Memorandum of Understanding with Google containing the Vision and Shared Goals for a future master planned, mixed-use development in the Diridon Station Area; establishing basic tenets of a future Development Agreement including a Community Benefits Plan; and affirming that no public funds, subsidies, or fee/tax exemptions will be provided to Google.
- Approve a Purchase and Sale Agreement with Google for properties formerly owned by the Successor Agency to the Redevelopment Agency and properties owned by the City
- Approve two additional agreements between the City and Google: an Option/Negotiation Rights Agreement with Google for the City-owned property commonly referred to as Lots A/B/C, as well as a Ground Lease with Google for the City to continue occupying the property containing the Fire Training Center located at 255 S. Montgomery St. for a period of three years following the close of escrow for the amount of $0;
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758491&GUID=B9C8FB59-14A4-4FBF-9E47-ECDE9DE20777
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
Receive annual performance review on SJ 2040 General Plan
This report fulfills the requirement of a yearly performance review to the Mayor and City Council on the San Jose 2040 General Plan, which sets goals and policies relating to focus growth, infrastructure/service levels, environmental sustainability, housing affordability and availability of housing supply, and healthful community living.
Evidence of San Jose’s progress towards its Envision 2040 Vision includes the new dense, mixed-use development experienced in the General Plan’s Growth Areas; decrease in office vacancies in Downtown; implementation of multi-modal Capital Improvement projects; and implementation of sustainability goals and policies, including adoption of Climate Smart San Jose.
Some of the primary General Plan implementation challenges include increasing the City’s jobs to employed resident ratio, increasing the percentage of new housing units that are affordable, increasing the share of workers who commute by transit, bicycle, and walking, and maintaining current service levels for parkland and community centers.
On December 4, 2018 and December 18, 2018, the City Council will use the findings presented by this report to consider land use and text amendments to the Envision San Jose 2040 General Plan.
Where: San Jose City Council
When: December 4, 2018, 9:30AM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758490&GUID=62276F4C-7409-4146-AE6A-141DB4200297
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
Direction on negotiations with 3 out of 4 residential solid waste contractors & on ending negotiations w/ CWS and issuing a new RFP
The Environmental Services Department (ESD) provides recycling and garbage services to all households in San Jose through four contracted service providers: California Waste Solutions (CWS), Garden City Sanitation Inc. (Garden City), Green Team of San Jose (GreenTeam), and GreenWaste Recovery (GreenWaste). As ongoing contracts end in 2021, City staff have been in negotiation with these service providers since 2017 to now present Council with key service enhancements and cost provisions for the potential new service agreements. Staff have been able to reach agreements with Garden City, Green Team, and GreenWaste, but not CWS.
Direction: Direct staff to develop new agreements with Garden City, GreenTeam, and GreenWaste, and return to Council in April 2019 with agreements for future solid waste services, with term to begin upon Council approval and continue through June 30, 2036. Also direct staff to stop negotiations with California Waste Solutions (except for their residential street sweeping services), and issue an RFP for single-family recycling services in Service Districts A & C, currently serviced by CWS. Also direct staff to return to Council with recommendations for future service delivery strategies for residential street sweeping and Junk Pickup services.
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758521&GUID=AE867E45-3D18-4B68-88D6-CBACB2F5ACCD
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
In light of China policy, approving resolution to waive disincentives for waste contractors who fail landfill diversion goals
In March 2018, China passed its “National Sword” policy, heavily restricting the recyclable materials it used to import. This policy is having a very significant impact on California recycling markets, to the extent that current waste removal contractors are concerned about meeting landfill diversion requirements. Should the City pass the attached resolution, the City Manager would have the authority to waive all or some of the contractual disincentives related to not meeting diversion goals.
Direction: Council should approve the resolution to authorize the City Manager to waive disincentives.
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758506&GUID=40F8E355-8AA1-4C8A-B6CB-C0A0A85E22BF
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
Approving Modified Living Wage of approx. $17.50/hr for Recycle Plus contracts, plus labor peace plans
Direction: Direct staff to negotiate the inclusion of a Modified Living Wage requirement, as approved by Council, in future residential garbage and recycling agreements.
As part of the ongoing negotiations with existing haulers, staff recommends negotiating the implementation of MLW in any new Recycle Plus agreements as a means of complying with the City’s Living Wage Policy. City Council previously directed staff to develop a methodology to calculate an MLW for Recycle Plus “Facility Workers.” The MLW is calculated by applying the San Jose Living Wage to the estimated percentage of San Jose time and applying San Jose Minimum Wage to the estimated percentage of non-San Jose time. The proposed methodology results in a 2018-2019 MLW of $17.26 with health benefits and $17.83 without health benefits for Facility Workers. The costs for implementation of MLW in future agreements (Fiscal Year 2019-2020 or later) are estimated to be approximately $3 million annually and would likely require a ratepayer increase.
CWS, GCS, GreenTeam and GreenWaste have also resubmitted labor peace plans (Attachment B) that demonstrate a good work environment and prevent disruption in services due to disputes with its employees.
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758507&GUID=0384D2EB-9718-450A-BFBA-0CFDD81C9BA1
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
General Plan amendments to allow hotels in industrial areas in Edenvale, and allowing affordable housing projects up to 80% AMI citywide
Council will consider modifying the General Plan, including revisions to the Industrial Park land use designation to allow additional flexibility for commercial service uses within the Edenvale Development Policy area, clarifications related to design guidelines for Urban Villages, updating the parameters for qualifying affordable housing projects, , and other minor clarifying revisions.
- Parameters for Affordable Housing Projects: Current City policy allows affordable housing projects that are 100% affordable to low (up to 60% Area Median Income (AMI)), very low (30-50% AMI) and extremely low income (up to 30% AMI) to proceed within an Urban Village ahead of a Growth Horizon, or in a Village in a current Horizon that does not have a Council approved Urban Village Plan, subject to certain criteria. State tax credit law has changed, and the definition of low income has been expanded to include affordability up to 80% AMI. Proposed revisions would simplify the City policy and increase the income threshold for covered projects up to 80% AMI.
Where: San Jose City Council
When: December 4, 2018, 6 PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758539&GUID=B00AAEC5-1462-489F-9FE3-6F7B8BB6AA6F&Options=&Search=
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
Approving amendments & Implementation Framework for 4 Urban Villages
City Council may approve amendments, including an Implementation Framework, for the following Urban Village Plans:
- Roosevelt Park
- Little Portugal
- Five Wounds
- 24th & William.
The Implementation Framework would apply to new development projects that are subject to a rezoning application which converts employment lands to allow residential uses. The Implementation Framework allows for exceptions for 100% deed restricted affordable housing projects, fully commercial projects, Signature Projects as defined by General Plan Policy IP-5.10, and projects that have Planned Development Zonings and/or Planned Development Permits on file prior to the adoption of the Implementation Framework.
Where: San Jose City Council
When: December 4, 2018, 6 PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758538&GUID=AFECFA13-1303-401B-A584-C3BAD2082F1E&Options=&Search=
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
Amending Tenant Protection Ordinance and adding prohibition on source-of-income discrimination
City Council directed the Housing Department to follow up on amendments both to the Tenant Protection Ordinance (TPO) and Source of Income:
Tenant Protection Ordinance:
– Amend the TPO to potentially apply to duplexes;
– Require apartment owners to post a notice summarizing the requirements of the TPO including prohibited actions such as retaliation, harassment, and intimidation against tenants based on their immigration status;
– Add a tenant’s right to return to the household if acquitted/dismissed from criminal action which caused termination of tenancy; and
– Add a provision recognizing the protections afforded to victims of violence consistent with California and Federal law.
Source of Income:
– Develop an ordinance that prohibits landlords from discriminating against tenants due to their source(s) of income.
City Council is tentatively scheduled to consider these revisions on Dec. 11.
Where: San Jose City Council
When: Dec. 11, 2018
Link to item: http://www.sanjoseca.gov/civicalerts.aspx?AID=2366
Link to agenda: n/a
Action on Convention Center and Convention-Visitors Bureau audit
Action on the Santa Clara Chamber of Commerce/Convention-Visitors Bureau Response to Performance Audit Titled “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue”
Action on the Response by TAP International, Inc. to Santa Clara Chamber of Commerce “Response to Audit Findings and Concerns with City Actions”
Action on Responses to City Council Questions related to the Performance Audit entitled “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue”
Action on the City’s Response to the Performance Audit “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue” and Analysis of the Chamber’s ResponseAction on Performance Audit Titled “Santa Clara Convention Center and Convention-Visitors Bureau: Restructuring Operations Can Strengthen Accountability, Performance and Revenue”
Council will be taking action on the performance audit of the Convention Center and Convention Visitors Bureau, including addressing the Chamber of Commerce’s response to the audit, the auditor TAP International’s response to the Chamber’s comments, and the city staff’s response and analysis of the Chamber’s comments.
The Chamber released a response in October 2018, asserting that the Final Audit contained “blatant omissions, misleading content, and incomplete content.” The Chamber’s response cites concern with the independence of the audit and the misuse of authority by the City in acting with intent to harm the Chamber through these actions:
- Targeting Chamber Customer List with misleading and unsubstantiated material, and using $20K to send these letters
- Uncharacteristically using Santa Clara Tax dollars to send letters via direct mail including businesses in other cities
- Reporting to FPPC and other agencies knowing it was past the FPPC statute of limitations
- Inserted Misleading Information Not Included in Audit
- Releasing Preliminary Observations made by City Staff and auditor before speaking to Chamber President/CEO or Board Members
TAP International’s response to the Chamber’s response points out that these latest comments represent the third response from the Chamber to date. The SC Chamber of Commerce’s first opportunity for comment was in late August 2018 when TAP International met and discussed the audit findings with the SC Chamber of Commerce President/CEO. Their second opportunity was in early September 2018, when TAP International submitted a draft audit report for the SC Chamber of Commerce to review and comment. Each time, the SC Chamber of Commerce provided comment and TAP International addressed their comments in accordance with generally accepted government auditing standards for performance audits. In their review of the third response, TAP asserts that:
- Seven of 25 SC Chamber of Commerce’s comments were made without evidence.
- Seven comments were false.
- One comment was misleading.
- The remaining 10 comments are not related to TAP International, Inc.
Staff’s analysis emphasized that the Chamber’s response revealed a significant lack of understanding of basic governance and contract principles, particularly with a public agency, which explain numerous inaccuracies and misstatements in the Chamber Response. These basic principles include: public sector governance and authority; distinction between public sector vs. private sector conventional business practices; budget, contracting, oversight, and contract authority; and, auditing standards and purpose. In addition, staff defended the mailings to the business community as a responsible and appropriate practice of transparency and open communication.
During the September 18 and October 9, 2018 council meetings, council also requested additional information related to the audit, which is being provided and noted at this meeting. The questions are:
What groups received discounts and/or free facility rentals? (Audit Reference -page 38)
The requested list of groups receiving partial discounts per fiscal year audited is attached. TAP International provided this information to City using data provided by the Chamber (Attachment 2).
The attachment does not detail the nature of the discount. By fiscal year audited, Attachment 3 identifies the organizations which received a fully discounted/free rental. TAP International provided the attached information to City using data provided by the Chamber. The attachment does not detail the rationale for the free rental.
Question: What were the commissions and incentives paid to Chamber staff? (Audit Reference – page 25 and 26)
During the audit period the Chamber paid over $300,000 in commissions and $23,500 in bonus payments that require further review. Attachment 4 provides commissions and bonuses paid by month, quarter, and calendar year, as applicable.
Question: Santa Clara Chamber Political Action Committee (PAC) filings of its Fair Political Practices Commission (FPPC) Reports
In response to Council inquiry, the Appointed City Clerk and City Auditor reviewed the Santa Clara Chamber PAC filings of its FPPC Reports on file with the City Clerk’s Office. Based on this review, they issued two reports/audits on October 29 and October 31, 2018 which identify potential violations of FPPC report filings. Both reports were forwarded to the FPPC for review and further determination of fines. The FPPC’s Enforcement Division is investigating the allegation.
Where: Santa Clara City
When: Tues, November 27, 2018, 5:30pm
Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3761513&GUID=BC11535B-9933-491E-BF82-AFADF6ED97A6&Options=&Search=
Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=590784&GUID=543B52D8-DD83-4AC9-900E-FEB25965A46E&Options=&Search=
Direction on audit findings for Tourism Improvement District, major problems found
Council will receive presentations and may take action on findings from TAP International’s audit of the Tourism Improvement District.
Similar to the Convention Center/CVB Audit, the TID audit findings document that the Chamber, as the TID’s fiscal agent, mismanaged public funds, did not have appropriate policies in place, and practiced sloppy record keeping. The audit findings show similar patterns of the Chamber’s misuse and mismanagement of public resources as found in the Convention Center/CVB audit and an absence of City oversight and compliance management. Apparently, the Chamber and/or TID Advisory Board had full knowledge of its financial mismanagement and poor accounting practices of public funds which it did not disclose to the City.
At this meeting, the Chamber of Commerce/Convention-Visitors Bureau has requested an opportunity to address the Council to provide a response to TAP’s audit on the TID.
The financial audit of the TID included an examination of the following questions:
- Have the hotels participating in the TID accurately remitted TID revenue to the City for FY15/16, and FY16/17?
- Are the expenses of the TID consistent with TID bylaws and policies since FY12/13?
- 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.
Key findings:
The TID, between FY 2005-06 and FY 2017-18, was assessing and collecting fees from hotel guests
without proper authority because, following initial inception and authorization in 2005, the assessment fee was not annually approved by the Santa Clara City Council (City Council) as required by State law. Since inception, approximately $8.3 million in TID fees have been collected. All TID assessment fees that were remitted to the TID Administrator by the City were deposited into a bank account owned by the TID administrator’s organization, using the organization’s own tax identification number. The TID is in the process of filing the necessary documentation with the State of California for incorporation that would allow financial institutions to establish separate bank accounts under the TID’s own tax identification number.
This audit examined the accuracy of TID fees assessed and collected by the TID for FY 2015-16 and FY 2016-17. Of the approximately $1.5M in fees collected during this two-year time period, between 98.8 and 99.8 percent of TID fees had been properly remitted to the City. The TID fees that were not collected (Known as leakage) is between 0.2 and 1.2 percent, ranging from $2,500 to $17,500 in revenue opportunity had all the hotels uniformly implemented ordinance requirements to charge the $1 assessment fee for all occupied hotel room nights. Had the City conducted compliance and oversight efforts of the City Ordinance at the inception of the TID in 2005, it is estimated the City could have collected approximately between $14,000 and $96,000 in additional fees.
Spending by the TID Administrator between FY 2012-13 through FY 2016-17Z generally aligned with the City’s TID ordinance. However, the audit raises concerns with governance and internal controls. TAP International examined 68 expense transactions for their appropriateness, allowability, and implementation of key internal controls, identifying 47 exceptions that can be considered significant deficiencies in internal controls.
Key recommendations:
- The City Manager should work with the City Attorney to determine how to address the improper collection of TID fees since FY 2005-06.
- The City Attorney should conduct research to determine if the TID should cease or continue efforts to incorporate.
- The City Manager should consider the feasibility of having the TID managed by City staff or contracting the management of the TID to a third party.
- The City Manager should establish a contract manager to administer oversight of TID operations. Oversight activities should include periodic TID assessment fee audits, internal control audits and compliance audits.
City staff concur with the findings and recommendations and will provide quarterly updates on the implementation status of the recommendations.
Where: Santa Clara City Council
When: Tues, November 27, 2018, 5:30pm
Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3761518&GUID=0A7CE541-D962-44B6-88AE-4F13C2DA64D0&Options=&Search=
Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=590784&GUID=543B52D8-DD83-4AC9-900E-FEB25965A46E&Options=&Search=
Certifying petition to qualify ballot initiative weakening tenant protection laws
Council will certify the results of a petition to qualify a ballot initiative amending the Community Stabilization and Fair Rent Act adopted by voters in November 2016.
The Mountain View Homeowner, Renter, and Taxpayer Protection Initiative was put forth by John Inks and Bryan Danforth. It modifies the tenant protection laws with these key changes:
- Prohibiting the Rental Housing Commission from receiving funds from the City’s General Fund or any other funds within the control of the City Council unless the City Council approves the appropriation, with at least four members voting in Committee members shall not receive any compensation or pension benefits for serving on the Committee.
- Allow landlords to more quickly evict tenants deemed to be disorderly by eliminating the requirement to provide a written notice to cease.
- Reduce the income requirement for tenants to receive relocation benefits from 120% AMI to 100% AMI.
On November 15, 2018, the County Registrar of Voters provided the results of the signature verification of a raw count of 7,432 signatures to the City Clerk indicating that 5,723 signatures were found to be valid, satisfying the requirement that 15 percent of registered voters (5,156) must sign the petition in order for it to qualify for the ballot.
Per the Elections Code, a Charter Amendment must be submitted to the voters at an established Statewide general (November 2020), Statewide primary (March 2020), or regularly scheduled General Municipal Election (November 2020). Staff will return to Council sometime in 2019 as the Council must call the election no later than 88 calendar days in advance of the election.
Where: Mountain View City Council
When: Tuesday, November 27, 5:45pm
Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3761632&GUID=C0A52FC9-DEE7-4CAE-B894-6526BF2E10E7&Options=&Search=
Link to agenda: https://www.mountainview.gov/civicax/filebank/blobdload.aspx?BlobID=27928
Reopening application period for Environmental Planning Commission through Jan. 4, 2019
Staff recommend that council reopen the application period for the Environmental Planning Commission and accept applications through January 4, 2019; and schedule a study session to interview all Environmental Planning Commission applicants the week of January 7, 2019.
This past September, the City Clerk’s Office conducted a recruitment process for openings on the EPC. Originally, openings included two terms expiring December 31, 2018, which were seats currently held by John Scarboro and Margaret Capriles. John Scarboro was eligible for reappointment but chose not to apply. Margaret Capriles has termed out but has requested reappointment. Per Council policy, the Council may determine that it is in the best interest of the community to reappoint beyond a term limit.
Four applications were received from this recruitment period that ended September 28, 2018.
Since the application deadline, elections for the City Council have been held, and based upon preliminary results, there are likely to be two more openings on the EPC. Due to these two potential additional openings and the receipt of just four applications, staff recommend that the council not conduct interviews in 2018, and instead direct the City Clerk’s Office reopen the EPC recruitment period to allow for more applicants and then hold interviews after the reopened recruitment for the entire pool of candidates.
Where: Mountain View City Council
When: Tuesday, November 27, 5:45pm
Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3761633&GUID=02356220-D0DA-41DC-ABFE-18CE7114A7BD&Options=&Search=
Link to agenda : https://www.mountainview.gov/civicax/filebank/blobdload.aspx?BlobID=27928
City of Gilroy
Study Session and adoption of the Proposed Economic Development Incentive Framework—incentive will work with private investors
Staff has drafted the economic development incentive framework based upon Council’s direction and is submitting it for consideration at this time. Staff is requesting Council to review and provide direction to staff regarding the proposed guiding principles and the framework in order to proceed in conducting the research and implementation of the initiatives provided above. This will assist staff in determining the best approach and implementation strategy for each initiative. Once Council provides its direction, staff will then coordinate efforts internally and with regional partners to progress in analyzing the initiatives for future implementation. Once the analysis is complete, staff will return to Council with the finalized recommendations for implementation of each initiative.
The economic development incentive is a concerted effort on the part the governing body in a city or county to influence the direction of private sector investment toward opportunities that can lead to sustained economic growth.
Where: Gilroy City Council
When: November 26, 2018/6:00 p.m./ City Council Chambers, City Hall
Link to item: http://gilroyca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1666&MediaPosition=&ID=1894&CssClass=
Link to agenda: http://gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1666
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