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 11, 2018, NOT TO BE HEARD BEFORE 6 PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770994&GUID=F189C0CB-7CDB-4750-8CF9-0D39901B2918
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0
Identifying 8 Urban Villages to move into Horizon 1 for priority development planning
Approval of the proposed General Plan Text Amendment will move the following eight Urban Villages from Horizons 2 and 3 into Horizon 1:
- North 1st Street (Horizon 2)
- Race Street Light Rail (Horizon 2)
- Southwest Expressway (Horizon 2)
- Alum Rock Avenue (East of 680) (Horizon 3)
- Stevens Creek Boulevard (Horizon 3)
- Santana Row/Valley Fair (Horizon 3)
- Winchester Boulevard (Horizon 3)
- South Bascom Avenue (North) (Horizon 3)
Moving these Villages into Horizon 1 does not automatically open these Villages for housing development. Unless built as part of a Signature Project, housing projects can only move forward when there is a City Council-approved Urban Village Plan with an implementation chapter referencing the adopted Urban Village Implementation and Amenities Framework. Moving Villages from Horizons 2 and 3 into Horizon 1 effectively establishes the Urban Village team’s work plan for the next two to three years.
Where: San Jose City Council
When: December 18, 2018, 6 pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770345&GUID=90148A92-6410-4791-A6E0-70A5EA362250
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610828&GUID=43FBEECC-4CD5-4B85-8A69-A0E2FBCFFF0E
Approving General Plan amendments & certifying EIR for Downtown Strategy 2040
If City Council certifies the EIR for the Downtown Strategy 2040, and approves the General Plan Amendments and the new Downtown Strategy 2040, the new Downtown Strategy would take effect as the land use document governing development in Downtown.
Highlights of the proposed changes include:
- Increase the development capacity within the Downtown boundary through the transfer of 4,000 dwelling units and 10,000 jobs (approximately 3,000,000 square feet of office capacity) from other General Plan Growth Areas to Downtown.
- Establish a new General Plan Land Use/Transportation Diagram Employment Priority Area Overlay to that will be applied to all parcels located within the overlay area, generally including properties bounded by St. John Street to the north, 4th Street to the east, San Fernando Street to the south, and San Pedro Street to the west;
- For a 10-acre site owned by Dennis Randall’s Acquity Realty, located at the intersection of Ryland & Santa Teresa Street between SR-87 and the Guadalupe River (200 Ryland Street), change the land use designation to Downtown & Commercial Downtown;
- Expand the General Plan Downtown Growth Area boundary along the east side of North 4th Street between St. John and Julian Streets, and remove the Downtown Transit Employment Center.
Where: San Jose City Council
When: December 18, 2018, 6 pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770347&GUID=5165C09A-BFEC-45DD-B15B-FEC4A0606836
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610828&GUID=43FBEECC-4CD5-4B85-8A69-A0E2FBCFFF0E
FCCP to discuss ballot measure to change mayoral election years to presidential race years
At City Council on October 16th, Councilmembers Rocha, Jimenez, Carrasco, and Jones put forth a proposal for the City to adopt a resolution calling for a ballot measure to amend the city charter in order for mayoral election years to coincide with presidential elections. The measure would increase voter turnout among younger voters and communities of color, and boost participation in mayoral elections overall. The item was referred to today’s FCPP meeting for discussion and to present recommendations for City Council.
Three independent individuals have submitted public letters opposing the measure, while 8 organizations and/or individuals, including the SV NAACP, the Wage Theft Coalition of Santa Clara County, and two SJSU political science professors, submitted letters in support of the measure.
Where: San Jose Fair Campaign and Political Practices
When: December 12, 2018, 5:30PM
Link to item: http://sanjoseca.gov/index.aspx?nid=452
Link to agenda: http://sanjoseca.gov/DocumentCenter/View/81643
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.
[Deferred from Dec 4, 2018 – Item 7.1]
Where: San Jose City Council
When: December 18, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770325&GUID=E29F5D32-9B16-42F9-815A-7CCEBB68F4CF
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610828&GUID=43FBEECC-4CD5-4B85-8A69-A0E2FBCFFF0E
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 if by March 1, 2019 he determines that meeting landfill diversion requirements in unfeasible in light of the new policy.
[Deferred from Dec 4, 2018 – Item 7.2]
Where: San Jose City Council
When: December 18, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770326&GUID=13883532-CA20-430D-B316-A5EE1D0EFA61
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610828&GUID=43FBEECC-4CD5-4B85-8A69-A0E2FBCFFF0E
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.
[Deferred from Dec 4, 2018 – Item 7.3]
Where: San Jose City Council
When: December 18, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770327&GUID=2BA265D4-852E-4E76-890C-A19D9F5B5747
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610828&GUID=43FBEECC-4CD5-4B85-8A69-A0E2FBCFFF0E
MEMOS regarding Tenant Protection Ordinance; Councilmembers Diep, Davis, Nguyen & Khamis argue for excluding duplexes from TPO; city attorney finds domestic violence survivors can assume the lease
Council Members Lan Diep, Dev Davis, Tam Nguyen, and Johnny Khamis have submitted memo recommending that council decline to extend the TPO to duplexes. The City Attorney has also submitted a memo finding that domestic violence survivors are legally allowed to assume a lease of their alleged abuser.
The council members argue that extending the TPO to duplexes creates more bureaucracy but does not provide any real benefits or protections to renters. Because the Apartment Rent Ordinance does not apply to duplexes, a landlord can increase rents to an amount unaffordable by tenants, thereby defeating the TPO. While some may argue that the ARO should also be extended to duplexes, the Council has repeatedly declined to extend the ARO to duplexes. These council members argue that doing so creates a detrimental impact on the small mom-and-pop landlords. They also argue that numerous policies have been passed to protect renters and Housing Department staff need the time and capacity to implement them.
The City Attorney’s memo is intended to address the issue of whether a domestic violence survivor can assume a lease agreement if she or he has been residing with a leaseholder who is the alleged abuser. Based on his analysis, if a domestic violence survivor is a tenant or lawful occupant of the property, then federal and state law provide a right for them to assume a lease. However, guests or persons otherwise not a tenant or lawful occupant are not permitted to assume the lease.
Original item: Council will may take several actions related to the Tenant Protection Ordinance:
- Staff recommend that council not include duplexes under the Tenant Protection Ordinance;
- Add a provision to require the posting of a notice summarizing the requirements of the Tenant Protection Ordinance including prohibiting retaliation, harassment, and intimidation against tenants based upon their immigration status;
- Add a provision to the criminal activity cause for eviction stating if the tenant is acquitted of the criminal charges which caused termination of tenancy are dismissed or reduced, the tenant is permitted to return to the apartment if the tenant household still resides in the apartment and consents to the return;
- Add a provision that states that nothing in the Ordinance will abrogate the protections afforded to survivors of violence, and require a posting to include these rights; and
- Add a provision to require a statement in the Notice of Termination that it is served in good faith and include a reference to the Rent Stabilization Program for referral information (including homeless prevention).
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758492&GUID=2D0F27B8-908D-42C6-83C3-C010064984EF&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
Memos from Councilmember Diep and Liccardo, Carrasco, Jones, Rocha to adopt source of income ordinance with additional recommendations
There has been an additional supplemental memo from the Santa Clara Housing Authority, from Council Member Lan Diep, and a joint memo from Mayor Sam Liccardo, Vice Mayor Magdalena Carrasco, Council Member Chappie Jones, and Council Member Don Rocha. The memos are summarized below:
Santa Clara County Housing Authority:
This memo provides additional information from on the Housing Choice Voucher program, including a summary of its efforts to improve the process for landlords:
- New Streamlined Leasing Process: SCCHA has made changes to its lease-up processes, reducing redundancy and saving time.
- New Owner Incentive Programs
- Vacancy Payment Program – Encourages owners to re-rent to Section 8 tenants by covering some of the cost (equal to 80% of the contract rent for up to 30 days) of a vacant unit to address the longer lease-up process with a Section 8 renter versus open market renters.
- New Lease-up Bonus Program – SCCHA is providing a lease-up bonus equal to one month’s rent for new Section 8 owners. This program is being finalized and will be implemented by January 2019
- Appointment of Owner Ombudsperson: SCCHA has appointed a dedicated ombudsperson to research and ensure that every Section 8 property owner’s concerns are satisfactorily addressed.
Council Member Lan Diep’s memo: calls for council to accept staff’s recommendation with the additional direction to explore the following specific areas of administrative improvements and landlord incentives to increase the acceptance of housing vouchers:
- Speeding up the process of unit inspection required for landlords to be eligible to accept Housing Choice Vouchers (HCV);
- Speeding up the time a landlord will get the first rent check from the voucher program;
- Simplifying paperwork, processes, or regulations that burden landlords who want to accept HCVs;
- Studying whether it is feasible and/or effective for the City to incentivize landlords by paying the first month’s rent for some portion of HCV holders, who might otherwise be turned away because of systematic and lengthy wait times between date-of-move-in and the issuance of the first voucher payment, which may not arrive until the second month of occupancy.
The joint memo from the Mayor et al: recommends that council accept staffs recommendations along with directing the Housing Department to convene apartment owners and representative organizations, including the California Apartment Association; staff from Santa Clara County Housing Authority and the County of Santa Clara; and voucher holders and tenant representatives, to identify a workplan for continued improvements in streamlining lease-up, payment, reducing paperwork, and mitigating landlord risk in the voucher program.
Original item: Staff recommend that council adopt a source of income ordinance to prohibit landlords from rejecting tenants who hold Housing Choice Vouchers or other rental subsidies. In addition, council would direct the Housing Department to implement an education and outreach plan in coordination with Santa Clara County Housing Authority and other rental subsidy partners that considers process improvements and incentives to increase the use of rental subsidy programs.
This memorandum recommends that staff draft an ordinance that prohibits discrimination based on an applicant’s source of income. It also recommends the short-term dedication of resources to improve the landlord’s experience participating in housing voucher programs. This includes exploration of potential additional incentives for landlords to increase participation in HCV and other rental subsidy programs.
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758504&GUID=7A9D8496-97C6-4B0E-BF1B-96BD873A6B90&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
Carrasco, Jimenez, Peralez & Rocha memo supports commercial linkage fee; Diep & Jones calls for fee to apply only in downtown core
For council’s action item on a Regional Commercial Linkage Fee, there is a supplemental memo as well as two council member memos, summarized below:
At the September 11, 2018 City Council meeting, the City Council considered a response to a Santa Clara County Civil Grand Jury report entitled “Affordable Housing Crisis: Density is Our
Destiny.” Among other findings, the report concluded that commercial linkage fees can be an
important tool to generate revenues for below-market rate housing. A commercial linkage fee is a type of development fee that offsets the marginal impact that new commercial development has in generating need for affordable housing.
Should the Council direct the Administration to pursue study of a commercial linkage fee, staff would propose returning to City Council in February of 2019 with a plan for conducting both a nexus study and a feasibility study. A nexus study would assess the impact commercial development has on the demand for affordable housing, and thereby estimate what level of fee on commercial development is legally supportable. A feasibility study would project the effect a commercial linkage fee could have on the financial feasibility of various types of commercial development.
Vice Mayor Magdalena Carrasco and Council Members Sergio Jimenez, Raul Peralez, and Don Rocha issued a memo recommending approving Mayor Liccardo’s September 2018 memo with a modification:
- Inclusion of a feasibility study to be pursued in tandem with the nexus study, to assess market impacts of development with variations of fee levels, geographic location, land use, and building type, such as high tech office, retail, industrial, and office. They argue that just in the past year, we have seen much growth and interest in San Jose. Adobe, Splunk, and Roku have expanded their offices, Council just approved Google’s land acquisition, and very recently a real estate investment group led by Uber founder Travis Kalanick bought a building in Downtown San Jose. Soon, our reputation as bedroom community will be stripped and our vision that our residents can live, work, and play in San Jose will be realized. However, we cannot ignore that this has the potential to further push more families to cram under one roof, become rent burdened, take on long commutes, or be pushed out of San Jose entirely. The Council must responsibly welcome economic growth and mitigate the gentrification and displacement, with a commercial linkage fee as one powerful tool to do so.
Councilmembers Chappie Jones and Lan Diep issued a memo recommending that council:
- Direct Staff to develop a feasibility study on a Downtown Core Commercial Linkage Fee that would address the affordable housing needs while only adopting a commercial linkage fee in the downtown core of the City of San Jose.
- Adopt a Commercial Linkage Fee for the City of San Jose exclusive to the Downtown Core of the City of San Jose.
They argue that the city must balance the urgent need for increased affordable housing with the need for increased job opportunities. By supporting a regional approach to the commercial linkage fee, we are allowing development specific to the center of downtown San Jose to increase funds needed to develop affordable housing. Simultaneously, a regional approach limits deterring development in less dense areas of San Jose that could heavily benefit from additional jobs.
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3764269&GUID=FEB246D0-0F8A-417F-B007-44E159F4A5F1&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
Memo from Liccardo, Peralez, Jimenez & Diep supports building performance ordinance with additional recommendations
There is a supplemental memo as well as a joint memo from Mayor Liccardo and Council Members Jimenez, Peralez, and Diep.
The supplemental memorandum: provides additional information responding to questions received at the December 3, 2018 Transportation and Environmental Committee meeting regarding the impact on multi-family buildings, specifically the potential for pass-through costs to tenants. Staff respond that California’s existing Assembly Bill 802 already requires all multifamily buildings 50,000 sq. ft. and over to report benchmarking data beginning June 2019. Compliance with the City’s proposed ordinance, once approved by the California Energy Commission, relieves building owners from State reporting. In addition, City staff will provide covered multifamily buildings with technical guidance and resources to assist with compliance and to reduce any implementation costs.
The memo from Mayor Sam Liccardo and Councilmembers Sergio Jimenez, Raul Peralez, and Lan Diep: recommends that council approve the ordinance along with the following direction:
- Develop a robust outreach and engagement plan to commercial building managers to ensure compliance with the benchmarking and transparency ordinance;
- Defer consideration on the funding strategy and/or fee structure required to staff the energy benchmarking and transparency program to the 2019-2020 budget process;
- Identify funding opportunities and partners to develop an online visualization tool and/or map to track benchmarking progress and ensure transparency throughout the City;
- For multi-family buildings that fall between the 20,000 sq. ft. – 49,999 sq. ft. threshold, require benchmarking and reporting for both energy and water, but exclude improvements required for water if the building is not individually sub metered.
Original item: Staff recommend that council approve the Energy and Water Building Performance Ordinance for existing commercial and multifamily buildings, to capture higher energy and water efficiency as part of the Climate Smart plan.
The Energy and Water Building Performance Ordinance builds upon the standard benchmarking and transparency ordinance model to create a more comprehensive and locally-tailored version. The ordinance will require owners of existing commercial and multifamily buildings of 20,000 sq. ft. and above to benchmark and report aggregated ESPM performance metrics to the City annually. Approximately 2,500 buildings would be impacted by the Ordinance. It excludes townhomes and condominiums due to the more complicated ownership and management structure of these complexes. However, the proposed Ordinance requires the building owners to comply with the CEC’s regulations on the collection of the data, including the requirements for obtaining tenant’s consent, if necessary. A subset of reported ESPM data will then be made publicly available.
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3763376&GUID=35478EBC-7A38-41AF-82DB-69C2013E8D44&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
City of Sunnyvale
Approving community engagement plan for ballot measure to change to by-district elections
Staff recommend that council approve a Community Engagement and Outreach Plan for changing to district-based elections for City Council, and authorize the Mayor to appoint three Council members to serve on the ad-hoc Citizen’s Advisory Community selection subcommittee. In addition, council would approve an amendment to the $312,522 contract with PlaceWorks, Inc., adding an additional amount of $128,863.
On September 5, 2018, the City Council held a public hearing regarding changing from the City’s current at-large with numbered seats system for electing City Council members to a district-based form of elections. Council directed staff to scope a public outreach and education plan for receiving public input on transitioning to district-based elections, with the goal of placing a measure on the November 2020 ballot for voters to decide whether to amend the City Charter to change from at-large with numbered seats to district-based elections. Staff then hired a public outreach consultant, PlaceWorks Inc., to develop the community education and outreach plan.
The outreach plan includes two phases. The first phase focuses on educating the community about the California Voting Rights Act and getting input on a ballot measure to amend the charter. The second phase is the process for drawing district maps. Within each phase, methods of communication will include a project website, dedicated project email list, social media posts, posters and flyers, print advertising, and an article in the citywide newsletter Horizons in March 2019. Materials will be translated into English, Spanish, Chinese and Hindi as set forth in the outreach plan, translation will be available at all workshops and hearings along with childcare when possible, and links to recordings of workshops and hearings will be posted on the project website. Meetings will be conducted in different geographical areas of the City.
The outreach plan also recommends formation of a Citizen’s Advisory Committee (“CAC”) of seven or nine members. The CAC would serve an advisory role to staff and the Council and help promote outreach for both phases of the project. The plan proposes that the Mayor appoint three City Council members to serve on a subcommittee to work with the City Manager’s office in a process to solicit applications from community members, review applicants and make a recommendation to the City Council, which would make the final CAC appointments at a regular meeting.
Phase 1 will include two educational workshops, three community input workshops, ten “pop-up” events at various community activities, as well as a variety of online opportunities for input such as comment forums, surveys, and community of interest mapping. The CAC would meet twice during Phase 1, toward the beginning of the community engagement process to provide further input on key community contacts for outreach, and near the end of the phase to review and provide comment on the consultant report synthesizing the public input. At the conclusion of Phase 1, PlaceWorks will prepare and present a report to the City Council that summarizes the input received on these four key issues, for the Council to consider in making its decision in June 2019 about the timing and content of the ballot measure to amend the charter.
For Phase 2, the election district mapping process, the City will hire a demographer with expertise in developing election districts to lead the district mapping process, and PlaceWorks will provide outreach and meeting facilitation support. The City will provide online and paper-based tools that residents may use to participate in the district drawing process. Meetings in this phase will include an introduction/training session that explains the district mapping process and how to use the online and paper mapping tools, two introductory public hearings, three community map-drawing hearings at which the demographer will present sample maps and the public will be invited to testify about the samples or present maps of their own, and at least three public hearings before the City Council. The CAC would also meet once during Phase 2, following the community map drawing meetings and before the City Council hearings, to provide the demographer with further input on the district maps. All CAC meetings will be noticed and open to the public. At the conclusion of Phase 2, the City Council will adopt a final district map, which will be used if the voters approve the proposed charter amendment regarding changing to by-district elections.
The cost of the proposed outreach plan is $312,522 ($284,111 plus 10% contingency). This does not include costs for a demographic consultant, which would be hired separately by the City to lead the district map drawing in Phase 2, or election costs associated with placing the measure on the ballot. Funds totaling $204,000 are available for outreach Phase 1 and $20,341 has already been committed to work by PlaceWorks to date. Staff is recommending approval of a contract amendment for an additional amount of $128,863 to cover City costs of Phase 1 of the outreach plan.
While the plan was being developed, on October 9, 2018, the City received a letter from attorney Laura Ho of the law firm Goldstein, Borgen, Dardarian & Ho, alleging that the City’s current electoral system violates the California Voting Rights Act because it “dilutes the voting power of Asian American voters.” On November 20, 2018, the City Council adopted a resolution which provides a 90-day “safe harbor” period during which the City cannot be sued. In adopting that resolution, the Council restated its prior direction to move forward with a change to district-based elections, and its commitment to do so with public outreach and engagement prior to making a final determination about the timing and substance of a ballot measure.
Where: Sunnyvale City Council
When: Tuesday, December 11, 2018, 7pm
Link to agenda: https://sunnyvaleca.legistar.com/MeetingDetail.aspx?ID=652713&GUID=1F14C5D4-CBFE-47D6-B62B-13B3EE985B43&Options=info&Search=
City of Santa Clara
Presentation on study of City retirement costs
Bartel Associates LLC, which was contracted by the City to conduct a study of the city’s CalPERs pension costs and determine future contribution rates, will present a study session to inform the Council about the rising cost of pensions, the trends and actions that have led to where we are today, and what is forecasted ahead.
The impact of some of the key data elements that will be discussed include:
- Pension costs forecast, and the rate of increase over the next 10 years;
- CalPERS discount rate assumption decreasing from 7.5% to 7.0% over three years, with the likeliness of more to come due to investment returns under target; and,
- Unfunded liability increase for both pension plans from the previous year
Across all CalPERS cities in the State, pension costs continue to be an increasing concern. The development of the upcoming FY 2019/20 and FY 2020/21 Biennial Operating Budget and the update to the 10-Year General Fund Forecast will include these increasing costs. Planning for these increasing costs as part of the Forecast provides the City Council the tool to make strategic decisions for the long term.
Where: Santa Clara City Council
When: Tuesday, December 11, 4:15pm
Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3775636&GUID=37093AA9-0B29-44E5-B00D-D54B7ABC11BA&Options=&Search=
Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=590788&GUID=6B382CD1-C650-4C08-8401-051E0BDB0831&Options=&Search=
Santa Clara County Board of Education
Issuing a notice of violations to Legacy Academy; Legacy must cure violations or have charter revoked
Over the last few months, the SCCOE staff became aware of certain facts, circumstances, and information which constitute fiscal mismanagement, violations of the Legacy Charter Petition, including the First Amended Memorandum of Understanding (“FAMOU”) between Legacy and the SCCOE, and/or violations of law, constituting cause for revocation of Legacy’s Charter.
Staff has identified by substantial evidence concerns with Legacy’s financial status including fiscal mismanagement, noncompliance with the charter terms, and violations of law. These concerns are clearly outlined in the Notice of Violations, and include, but are not limited to:
- Inflated enrollment projections resulting in an adverse effect on the solvency of Legacy;
- Unclear documentation related to reimbursement and reimbursement requests for costs under the Public Charter Schools Grant Program (“PCSGP”);
- Budgetary reliance on donations that have not been received by Legacy.
The SCCOE staff propose Legacy cure all violations by noon on January 11, 2019. To demonstrate compliance with the charter and cure the violations, Legacy must:
- Provide evidence to SCCOE of Legacy’s notification to California Department of Education/California School Finance Authority of the material changes to its enrollment/Average Daily Attendance (ADA) and budget with respect to the Revolving Loan, the PCSGP grant, and SB 740 funding.
- Submit evidence of fundraising – records of deposits including specific donation amounts and the dates on which donations have been received by Legacy – to off-set the anticipated lack of revenue.
- Submit to SCCOE an updated budget with revised enrollment/ADA projections and evidence supporting such projections.
- Submit to SCCOE a revised cash-flow which shows Legacy’s sustainability for the balance of the 18-19 school year without any additional loans and relies only on actual funding received by/irrevocably committed to Legacy.
- To the extent the budget and/or cash flow rely on Legacy’s receipt of additional funds and/or retention without reimbursement/early repayment of funds from PCSGP, the Revolving Loan and/or SB 740, such assumptions must be supported by documentation that the assumptions are correct.
- Provide SCCOE a detailed written explanation, with backup documentation, of Legacy’s compliance with the PCSGP grant requirements.
- Submit a written confirmation of Legacy’s understanding of and commitment to its obligations pursuant to Education Code Section 47604.3 and the Amended Charter promptly to respond to all reasonable inquiries from SCCOE, including but not limited to, inquiries regarding its financial records, and consult with SCCOE regarding any such inquiries.
- Submit all loan documentation and encumbrances, including but not limited to, any loans or fiscal commitments from persons, corporations, state or federal government agencies, banks, factoring, lines of credit, etc.
It is the recommendation of the SCCOE’s Charter staff that the SCCBOE issue the Notice of Violations to Legacy Academy charter school, and delegate to the County Superintendent authority to execute and deliver the Notice of Violations in accordance with California Code of Regulations, title 5, section 11968.5.2. By issuing this Notice of Violations, Legacy Academy would be required to remedy the concerns outlined in the Notice of Violations by 12:00 noon January 11, 2019.
Where: Santa Clara County Board of Education
When: December 12, 2018, 6:30 PM
Link to item: http://www.boarddocs.com/ca/sccoe/Board.nsf/goto?open&id=B77PVV623E35
Link to agenda: https://www.boarddocs.com/ca/sccoe/Board.nsf/Public
Cupertino Union School District
Approving appointment process to fill board vacancy
Staff recommend that the Board approve filling the vacant seat of former Trustee Liang-Fang Chao through an appointment process. Staff will also present a recommendation from legal counsel about a potential appointment process, which may be approved by the Board at this meeting.
The discussion of the proposed process includes reviewing the timeline for engaging in and completing the appointment process; creating an Ad Hoc Board Committee to oversee the process; and establishing the criteria for making a final decision on the selection of an appointed Board Member.
Where: Cupertino Union School District
When: Thursday, December 13, 6pm
Link to item: http://www.boarddocs.com/ca/cusdk8/Board.nsf/goto?open&id=B78UCL7247DC
http://www.boarddocs.com/ca/cusdk8/Board.nsf/goto?open&id=B77UWS6DBB1B
Link to agenda: https://www.boarddocs.com/ca/cusdk8/Board.nsf/vpublic?open
Do you have a news tip you would like to share? Would you like to contribute to The Left Hook? Email us at LeftHookBlog@gmail.com
No Comments