Approving shift of mayoral elections from gubernatorial to presidential election cycle
DEFERRED TO 4/16/2019 PER ADMINISTRATION
Staff and the Board of Fair Campaign and Political Practices recommend that council approve shifting the City’s mayoral election from the gubernatorial cycle to the presidential cycle.
The Board’s recommendation to shift to the presidential cycle is based on the observation that from 1980 through 2018, voter turnout in the City of San Jose was over 13 percent higher for presidential general elections compared to gubernatorial general elections, and over 8 percent higher for presidential primaries compared to gubernatorial primaries, indicating that voter turnout may increase for mayoral elections if shifted to a presidential election cycle.
However, if the mayoral election is shifted from the gubernatorial cycle to the presidential cycle, the City must decide whether to extend the Mayor’s term starting in 2019 from four years to six years, or hold a special election for a mayoral term that will last two years. Since the Board has no benchmark or legal criteria in which to evaluate this issue, and public comment on this matter was mixed, the Board makes no recommendation on this question.
If council decides to host a special election for a mayoral term from 2022 through 2024, the City will incur costs for administering a citywide election. In reviewing the City’s election data dating back to 1980, the City has not held a special election for this citywide office, so the Board does not have financial information to estimate the potential cost.
Where: San Jose City Council
When: Tuesday, April 9, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3894901&GUID=E49371BD-6A83-4C37-A519-FF3C3E8AB95C&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=669962&GUID=7460D3CE-C10C-4393-98E4-50521A4001B8&Options=&Search=
Interview applicant and appoint member for Planning Commission
Council will interview applicant Norman Kline for possible appointment to the Planning Commission for a term expiring June 30, 2022. If approved, this would fill an immediate vacancy and ensure a full membership on the Planning Commission to continue conducting regular business.
The vacancy on the Planning Commission is due to the resignation of Ada Marquez on November 14, 2018. On March 18, three candidates were interviewed for the appointment: Pierluigi Oliverio, Aimee Escobar, and Rolando Bonilla.
Kline is the CEO of LibraryWorld, Inc. and a board member of California Common Cause and Santa Clara University Board of Fellows.
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3899238&GUID=7FE73576-3078-4E72-AF96-95C0ACC1D575&Options=&Search=
Where: San Jose City Council
When: Tuesday, April 9, 2019, 1:30pm
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=669962&GUID=7460D3CE-C10C-4393-98E4-50521A4001B8&Options=&Search=
Council will receive a verbal staff report with research on the Ellis Act Ordinance’s recontrol provisions, including the recommendation to conduct additional research and analysis to identify potential alternatives for re-control requirements.
The Ellis Act Ordinance establishes a process by which a property owner can remove their apartments from the rental market. The City Council approved the Ellis Act Ordinance on April 18, 2017. This action established a process for removing apartments from the rental market that includes providing tenants with noticing timelines, relocation benefits, and the ability to return to the unit if it was returned to the rental market. It also included re-control provisions if the owner built new apartments. Upon approval of the Ellis Act Ordinance, the City Council provided direction to the City Manager to return with additional research regarding the impact of subjecting all “replacement” apartments to re-control by the Apartment Rent Ordinance. In February 2019, council directed staff to return with a verbal report to answer specific questions about the impact of Ellis Act recontrol provisions such as on one-to-one replacement of rent stabilized units and on new construction of housing.
Staff researched the different re-control provisions in cities with Ellis Act ordinances. The ordinances of San Francisco, Berkeley, West Hollywood, Los Angeles, and Santa Monica have provisions requiring all new housing developments following an Ellis Act withdrawal are subject to the rent control provisions of that jurisdiction. This is consistent with San Jose’s current requirements. Los Angeles provides an exemption from rent control provisions to developers who replace the new units with 20% restricted affordable units.
The proposed amendments to the Ellis Act Ordinance were presented to the Housing and Community Development Commission at its special meeting on March 7, 2019. The Commission unanimously recommended against any amendments to the Ellis Act Ordinance and approved an Ad Hoc Subcommittee to draft a letter to the City Council. The Commissioners’ concerns include:
- The current provisions of the Ellis Act Ordinance was enacted only ten months ago and after extensive community engagement and public comment was conducted.
- A compromise was already approved by the City Council on April 24, 2018. A developer could choose to dedicate 20% of the new units to income restrictions. It was also a compromise from the original Ellis Act Ordinance which required 100% of new rental units to be rent-stabilized if they were built to replace buildings that were subject to rent stabilization.
- Weakening the Ellis Act Ordinance will only accelerate the crisis of affordable housing in San Jose.
Where: San Jose City Council
When: Tuesday, April 9, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3898362&GUID=474BBAAE-08A5-4B0F-AE92-59D507D0237D&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=669962&GUID=7460D3CE-C10C-4393-98E4-50521A4001B8&Options=&Search=
CED recommends that council accept the staff report on the update of the Housing Investment Plan for expenditure of affordable housing funds, and include two new priorities funding acquisition and/or rehabilitation of existing market rate housing and a minimum of 30% of funds be invested in extremely low-income housing over the life of the Housing Investment Plan.
This report serves as an update to San José’s Affordable Housing Investment Plan summarizing the Housing Department’s strategy to meet the demand for affordable housing given current funding. It quantifies the available funding for affordable housing and estimates the number of new affordable homes that can be built through FY 2022/23. The approved priorities for funding are:
- Projects ready for immediate construction;
- The provision of supportive housing for homeless individuals and families;
- Project cost effectiveness (keeping project costs as low as possible);
- The leverage of Affordable Housing and Sustainable Communities funding; and
- Developments proposed on City-owned sites.
The update to the Investment Plan recommends including two new priorities for future funds. A new priority for acquisition and/or rehabilitation of existing market-rate housing will be established by creating a set-aside of $10 million in funding for this type of development. In these cases, a developer will propose the purchase of an existing market-rate rental development and an affordability restriction associated with the funding will be placed on the property, creating new affordable housing. Due to concerns regarding rising costs and potential displacement of existing residents, allowing for a small investment in acquisition rehabilitation developments will open the door to creative solutions while minimizing cost and displacement.
The second priority is to require a minimum of 30% of all new funding to be dedicated to extremely low-income households. This priority is consistent with requirements by state law to spend 30% of funding on extremely low-income households and the continued need for housing in this income category. The update to the Investment Plan estimates that 1,412 new affordable housing units will be added to the 1,146 currently in the managed pipeline and 946 units currently funded or under construction for a total of 3,503 new affordable units that will be created, under construction or funded by the end of FY 2022/23.
The total to be funded and built from both City investment and efforts outside of the City is 5,771 units. There is a significant shortfall in meeting the affordable housing production goal established by the Mayor and City Council. Over $520 million in funding is necessary to fund the gap of 4,229 units to meet the goal of providing 10,000 affordable units. New funding sources for affordable housing, including creative strategies, must be explored to meet the City’s affordable housing goals.
Where: San Jose City Council
When: Tuesday, April 9, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3898363&GUID=D44B3214-4A39-4671-AC57-025450DF0794&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=669962&GUID=7460D3CE-C10C-4393-98E4-50521A4001B8&Options=&Search=
Staff recommend that council approve extending the term of the Host International Inc. Food andBeverage Concession Agreement for two years, from June 30, 2026 to June 30, 2028, modify the StreetPricing Policy from 10% to 13% above street pricing, add a newconcession into the Terminal B Interim Facility, refresh the Terminal Bfood court, reduce the Joint Marketing Fund Fee from .50% to .25% ofgross revenues, and modify the use of the Joint Marketing Fund toinclude customer service initiatives.
The extension of the agreement allows the airport to expand Food and Beverage services, receiving a guaranteed $6.3 million in revenue over the two-year extension. Modifying the pricing section to allow Host to charge 13% above street pricing is intended to help offset increased construction costs.
In addition, with the projected opening of the new Interim Facility at the end of Terminal B in June 2019, the City identified a need to provide food and beverage concession services within this area by a Concessionaire that could meet the aggressive timeline and be open upon the completion of construction. This Agreement will allow the City to accommodate passengers within the new Interim Facility while increasing revenue to the Airport.
If council does not approve extending the agreement, Host International Inc. would cease operations at the airport at the termination of their agreement in 2026. The City would have to issue an RFP for Host’s portion of the Food & Beverage Concessions program. Staff do not recommend this option because they say it may not provide a comparable level of revenue that is guaranteed under the current agreement.
Where: San Jose City Council
When: Tuesday, April 9, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3898330&GUID=6AD6BF47-DF4C-40FF-A821-2C7F3CEBA501&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=669962&GUID=7460D3CE-C10C-4393-98E4-50521A4001B8&Options=&Search=
Santa Clara Valley Water District
Directing staff to bring proposed updates for Living Wage Policy
The Board will receive information on the District’s current Living Wage Policy; and may direct staff to return with proposed updates to the Living Wage Policy, for future discussion and approval by the Board.
In 2003, the Board adopted a Living Wage Policy that provided: Persons doing work for or on behalf of the District, to not be paid less than a living wage, not able to afford health insurance, have reasonable time off, and not be subject to lay-off merely because the District changes contracts, and to work in an environment where there is labor peace. This policy was confirmed by the Board in 2008 as part of a Governance Policies Review process by the Board.
In 2011, the Board in reviewing the policy amended it to provide: Subject to the District’s Living Wage Policy, provide persons doing work for or on behalf of the District at least a living wage and reasonable time off. Eliminated from the policy was the language regarding affording health insurance, not being subject to lay-off merely because the District changes contracts, and working in an environment where there is labor peace.
Subject to certain exemptions, the current policy applies to awarded contracts of $50,000 or more. The current policy requires that persons doing work for or on behalf of the District be paid at least a living wage and receive reasonable time off. Embedded in the policy is language on Employee Retention Requirements, but there is no specific language regarding being able to afford health insurance or defining the meaning of reasonable time off.
It is recommended that the Board consider updates to the policy that address health insurance and paid time off. Since District employees receive health insurance and paid time off, these changes to the policy would make it more comparable to what District employees receive.
If the Board approves the recommendation, staff will report back at the Board’s May 14, 2019 meeting, the details of a possible revised policy, including any additional costs to implement such policy.
Where: Santa Clara Valley Water District
When: Tuesday, April 9, 2019, 1pm
Link to item: https://scvwd.legistar.com/LegislationDetail.aspx?ID=3898140&GUID=25AC04E1-3204-48A8-9C15-7C32FA9985E6&Options=&Search=
Link to agenda: https://scvwd.legistar.com/MeetingDetail.aspx?ID=640502&GUID=8401F445-27A0-4EA0-BC55-C5CCE987330D&Options=info&Search=
Study Session on short-term rental regulation
Staff has provided a proposed regulatory framework and policy goals for regulating short-term rentals. The Council will discuss and provide direction to staff.
Where: Cupertino City Council
When: Tuesday, 4/2/19 at 5:00 p.m., Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California, 95014
Link to item: https://cupertino.legistar.com/View.ashx?M=A&ID=655515&GUID=AAC97D2C-C415-40DC-8CB7-554B468B822C
Link to agenda: https://cupertino.legistar.com/View.ashx?M=A&ID=655515&GUID=AAC97D2C-C415-40DC-8CB7-554B468B822C
Study session on options for raising capital revenue raising
The Council will receive a presentation from UFI (Urban Futures, Inc.) and
provide direction to staff. UFI has done a preliminary analysis of the major local revenue options available to the City, including a comparison of each option with surrounding jurisdictions and an initial estimate of the revenue generating potential. Finally, UFI has also undertaken a high-level review/assessment of the capital financing conditions and constraints applicable to Cupertino.
The purpose of UFI’s presentation and the study session is to report-out the initial work, to answer questions and address concerns, and to receive input and direction from the City Council to help guide the upcoming Capital Improvement Program (CIP) workshop scheduled for April 30, 2019.
Where: Cupertino City Council
When: Tuesday, 4/2/19 at 5:00 p.m., Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California, 95014
Link to item: https://cupertino.legistar.com/View.ashx?M=A&ID=655515&GUID=AAC97D2C-C415-40DC-8CB7-554B468B822C
Link to agenda: https://cupertino.legistar.com/View.ashx?M=A&ID=655515&GUID=AAC97D2C-C415-40DC-8CB7-554B468B822C
City of Milpitas
Direction on forming a subcommittee to set City Council agendas; staff recommends subcommittee of Mayor plus 1 CM
Discuss the formation of a City Council Agenda Subcommittee and provide direction to staff on next steps.
On February 26, 2019, Council directed staff to bring back recommendations for establishing a formal process for setting the Council agenda.
The current practice of setting the Council agenda is that the City Manager, in conjunction with the executive leadership team, develops a draft agenda. The City Manager discusses the agenda and the draft agenda for the subsequent meeting with the Mayor and individual Councilmembers during 1:1 meetings. A tentative agenda for each subsequent meeting is included as an agenda item for discussion in the prior Council meeting.
Staff is recommending creating a 2-member subcommittee to set agendas. They recommend that the Mayor lead the agenda subcommittee. The Mayor may choose to directly appoint the second subcommittee member on an annual basis or have this appointment be considered by Council. In order to avoid a Brown Act violation, the City Attorney’s office is recommending that no other Councilmember actively participate in any discussion at this proposed subcommittee. Otherwise, if three Councilmembers actively participate, then the subcommittee meeting will turn into a meeting of the full Council in violation of the Brown Act.
Where: Milpitas City Council
When: 4/2/19, 7PM, Council Chambers, 455 E. Valaveras Blvd., Milpitas, CA
Link to full packet: http://www.ci.milpitas.ca.gov/_pdfs/council/2019/040219/attachment.pdf
Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2019/040219/Agenda.pdf
Appointing 3 members to Planning Commission and to other City Commissions
20 residents submitted applications to serve on the Planning Commission. The Mayor and CM Pham respectively recommend appointing Evelyn Chua and Steve Tao. The City Council may confirm those two appointments; one additional appointment may be considered by the City Council at the meeting, with a recommendation from any City Councilmember, followed a vote of approval.
Council will also receive Mayor’s recommendations and approve appointments to the Arts Commission; Economic Development & Trade Commission; Parks, Recreation and Cultural Resources Commission; Public Safety & Emergency Preparedness Commission; Science Technology & Innovation Commission; and the Veterans Commission.
Where: Milpitas City Council
When: 4/2/19, 7PM, Council Chambers, 455 E. Valaveras Blvd., Milpitas, CA
Link to full packet: http://www.ci.milpitas.ca.gov/_pdfs/council/2019/040219/attachment.pdf
Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2019/040219/Agenda.pdf
Study Session for Terra Bella plan – Land Use Alternatives
The purpose of this Study Session is to present revised land use alternatives for the Terra Bella Visioning and Guiding Principles Plan and summarize input from the February 20 Environmental Planning Commission meeting. Staff is seeking City Council input and policy direction on a preferred land use and next steps for the Terra Bella Visioning and Guiding Principles Plan.
When: Mountain View City Council and Shoreline Regional Park Community
Where: 4/2/19, 5:00 PM, Council Chambers and Plaza Conference Room, 500 Castro St., Mountain View, CA
Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3904814&GUID=A360EF1A-618F-4745-8764-C6ECF9BB50A8
Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=655806&GUID=A5864FAB-3C4D-4132-9A47-DCD3E499D644
Appointing a Planning Commissioner from applicant pool
On December 5, 2018 Raj Chahal resigned from the Planning Commission as he was elected to the City Council. At the January 15, 2019 Council meeting, Council declared the Commission vacancy for a partial term ending June 30, 2022.
City Council is holding a special meeting to vote & appoint one candidate to the Planning Commission to serve a partial term ending June 30, 2022. In addition, if Council deems appropriate, staff is recommending that an eligibility list be established that may be used to fill vacancies which may occur in the following 12 months. The terms of two Commissioners are expiring on June 30, 2019. If the incumbents do not seek reappointment or if future resignations occur the Council will have an approved candidate pool for appointment of commissioners.
All applicants listed have confirmed their interest to proceed for further consideration.
1. Nancy Biagini
2. Rich Brunner, Jr.
3. Jayapriya Cherukuru
4. Suzanne Decker
5. Qian Huang
6. MV Kumar
7. Edward Liang
8. Vicente Lovelace
9. Ashish Mangla
10.Tahir Naim
11.John Padilla
12.Srdjan Pantic
13.Kirankumar Shinde
14.Keith Stattenfield
15.Megan Swartzwelder
16.Vandana Upadhyay
Where: Santa Clara City Council
When: April 1, 2019, 5 pm
Link to item: https://santaclara.legistar.com/ViewReport.ashx?M=R&N=Master&GID=693&ID=3905772&GUID=71741417-36AB-4ADE-BF6C-ABFDD729BC3E&Extra=WithText&Title=Legislation+Details+(With+Text) Link to agenda: https://santaclara.legistar.com/View.ashx?M=A&ID=686211&GUID=11C8CB60-37A9-4678-8E95-60DB62546107
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