Policy Watch: Week of 5/4

|City of San Jose|

Establishing Coronavirus Relief Fund with $45M appropriation; authorize $23.9M for Revolution Foods & other contracts to provide meals for food-insecure people

Issue summary: Staff recommend council approve an ordinance establishing the Coronavirus Relief Fund and adopt the following resolutions:

Appropriation and funding sources resolution with the following provisions:

  • Establish an estimate for Revenue from the Federal Government in the amount of $178,295,248
  • Establish an appropriation for COVID-19 Emergency Response in the amount of $45,000,000; 
  • Establish COVID-19 Emergency Response in the amount of $133,295,248.

Agreements to Provide Meals:

  • Ratify agreement with Revolution Foods (Oakland, CA) to provide meals during the COVID-19 Disaster from delivered primarily to adults aged 19+ experiencing food insecurity due to the impacts of the COVID-19 pandemic beginning March 31, 2020 and ending on June 23, 2020 with a maximum compensation not to exceed $1,900,000, subject to the appropriation
  • Authorize agreement with Team San Jose to provide meals to unhoused individuals beginning March 31, 2020 and ending on June 23, 2020 with a maximum compensation not to exceed $1,071,000 for the initial term
  • Authorize agreement with Revolution Foods to procure and deliver up to 100,000 ready-to-eat meals per day to individuals experiencing food insecurity due to the impacts of the COVID-19 pandemic beginning on or around May 11, 2020 and ending on or around August 10, 2020 with a maximum compensation not to exceed $22,000,000
  • Authorize agreement with World Central Kitchen (Washington, DC) to procure and deliver meals to higher risk-eligible individuals aged 60+ for an initial term through May 10, 2020 with a maximum compensation not to exceed $950,400
  • Authorize agreement with The Health Trust (San José, CA) to prepare and deliver frozen meals to higher risk-eligible individuals aged 60+ and to unhoused individuals beginning March 17, 2020 through June 3, 2020 with a maximum compensation not to exceed $1,295,910
  • Execute a Purchase Order with First 5 Santa Clara County (San José, CA) for the purchase of baby formula and feminine hygiene products to families experiencing food insecurity and to mitigate the effects of COVID-19 through June 12, 2020 for a maximum not-to-exceed compensation of $300,000.

Council would also authorize the City Manager to exercise up to two 45-day extensions 

Item will be heard: Tuesday, May 5, 2020, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4432807&GUID=0B871FC5-B0D7-4622-8C1E-1958C833976D&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=712188&GUID=7F5DE1AF-FCB3-4E84-8143-7E84A92EA6DF&Options=info|&Search=

Final adoption of rent increase moratorium

Issue summary: Council will take up final adoption of an ordinance to enact a temporary moratorium on rent increases for tenants, mobilehome park owners, and mobilehome residents living in rent-stabilized

apartments and mobilehomes. The ordinance also includes a temporary suspension of late charges for failure to pay apartment rent control fees, and waiver of fees for repair/maintenance application permits for rent-controlled complexes.

Item will be heard: Tuesday, May 12, 2020, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4429918&GUID=D18AD53C-42C2-4CD3-8DBE-E06F85D55257&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=712189&GUID=ADB94C33-2569-40CA-BC57-DD9028D7A5FF&Options=info|&Search=

Directing internet providers to extend interim free service to 7/31/20 and sign up families qualifying for school lunch program 

Issue summary: Council will receive a staff report on enhancing student access via community Wi-Fi through public and private partnerships. Staff recommends council approve a letter for signature and distribution to internet service providers to take the following actions:

  • Extend the interim free service at least through July 31, 2020;
  • Sign up households who qualify for the National School Lunch Program (NSLP) without requiring a letter from the school at this time because they are closed and unable to provide verification of eligibility until later in 2020;
  • Establish a process to designate all families in schools with a high percentage of NSLP students to be eligible for the program by “auto-enrolling” the school.

Item will be heard: Tuesday, May 5, 2020, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4425405&GUID=DBC08DDD-E27E-45D8-A757-EA9553E8B589&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=712188&GUID=7F5DE1AF-FCB3-4E84-8143-7E84A92EA6DF&Options=info|&Search=

Diep proposes fee cap for food delivery services that don’t provide workers PPE 

Issue summary:     Direct staff to draft and enact an urgency ordinance that:

(1) Limits the fees that third-party food-delivery services operating in San José may charge on restaurants to: (a) 10% where food-delivery companies do not make personal protective equipment available to the employees or independent contractors who make deliveries; and (b) 15% where food-delivery companies establish that personal protective equipment is provided at no cost to the employees or independent contractors making deliveries;

(2) Sunsets the 15% cap on fees once restaurants in Santa Clara County may offer unrestricted dine-in service;

(3) Grants food-delivery companies 14 days per incident to refund any fees taken in excess of these limits; and

(4) Imposes a sliding scale of fines for repeated instances of exceeding the fee limits.

Item will be heard:   May 6, 2020, Virtual Mtg

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=4431029&GUID=CAF5C027-ACF8-44EA-BC01-CA8B4B16D3FD

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=712219&GUID=1BAA2CB7-2C7F-4E35-92C6-9531D564B3AA

Mayor proposing to extend all development & construction deadlines, including fee waivers and incentives

Issue summary:     Direct the City Manager and City Attorney to review the universe of applicable development and construction deadlines impacted by COVID-19 and return to Council with recommendations for an ordinance that addresses the following:

(1) PBCE has already extended building permit deadlines by 6 months in April 2020. Please provide an update and recommendation on extending deadlines for an additional 6 months, for a total of 12 months, to correspond with expected supply chain and labor delays, as well as the potential for a second wave of infections this fall;

(2) Provide an extension of all entitlements from 2 to 4 years for all projects due to the impacts of COVID-19 on construction timelines due to factors listed above, with the additional factor of significantly diminished investor activity;

(3) Evaluate the forbearance of permit and entitlement fees to ensure that these universal extensions will not have unintended consequences; and

(4) Provide extensions for all fee waivers and reductions to, at a minimum, correspond to the duration of the COVID-19 shelter in place order(s).

Item will be heard: May 6, 2020, Virtual Mtg

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=4432267&GUID=326FCAD7-BC07-4105-ADF4-E84A2343E05E

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=712219&GUID=1BAA2CB7-2C7F-4E35-92C6-9531D564B3AA   

Approve zoning changes to conform with state housing law and incentivize affordable housing projects

Issue summary: The Planning Commission recommends Council approve amendments to the Zoning Ordinance that would update the City’s density bonus provisions in conformance with state law and extend the applicability of density bonus incentives, amend zoning district use tables as required by state law and consistent with the General Plan, and add a new chapter implementing ministerial approvals as required by state law.

Between 2017 and 2019, the State Legislature and Governor enacted several bills that expand the State Density Bonus Law and require ministerial review for certain housing projects. State Density Bonus Law amendments enable 100% affordable housing projects to take advantage of further concessions and incentives, height limit increases, and parking reductions in some instances. Affordable housing, supportive housing, and low barrier navigation centers that meet state law requirements now require ministerial review within specified time limits. 

These changes will help facilitate the City’s implementation of recent state housing reforms and further implement the General Plan by incentivizing affordable housing projects. 

Item will be heard: Tuesday, May 12, 2020, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4430145&GUID=C5536F05-9A27-4882-A18F-5C3FC87103F5&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=712189&GUID=ADB94C33-2569-40CA-BC57-DD9028D7A5FF&Options=info|&Search=

|Santa Clara County|

Ellenberg referral on increasing capacity for COVID-19 contract tracing via community partnerships 

Issue summary: To support continued forward planning in Santa Clara County, this referral directs Administration to explore options to utilize the County’s existing network of contracted partners to identify staff that could be deployed to support coronavirus tracing efforts. This assessment should be conducted to supplement any identification of County employees or options to hire new staff to expand contact tracing. Utilizing options for existing staff, new hires and partner staff may support flexibility to scale to changes in demand and timeframes in conjunction with overall County caseloads and to allow for resources to be stood up as quickly as possible.

This referral directs administration to work collaboratively with partners to: 

  • Identify the desired skill sets and background for contact tracing teams and utilize this information to survey employees of public, private and non-profit partner organizations to identify potential contact tracing personnel.
  • Explore options for redeployment of qualified County or partner employees to support ongoing contact tracing needs balancing organization input on staff assignments that would minimize disruptions in community services.
  • Identify mechanisms of contracting, funding and reimbursement for partner organizations and individual employees to maximize emergency response resources, stabilize partner organization finances, maintain employment of individuals, and meet County emergency response needs.
  • Put in place a system for County rapid hiring or contracting with partners for contact tracing personnel that meets the needs laid out by the Public Health Officer in the fastest way possible to reduce transmission of coronavirus.
  • Explore options for linking cases or contacts identified through contact tracing efforts to local networks of services and supports such as housing, food, behavioral health services in partnership with CBO providers.

Item will be heard: May 5, 2020, 9:30AM

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=12194&MediaPosition=&ID=101280&CssClass

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=12194

Ellenberg/Simitian referral on setting $500,000 cap on budget inventory items per supervisorial district for FY2021 

Issue summary: Inventory items are one-time grants or sponsorships that augment or compliment services provided by the County. They are typically referred to as grants or sponsorships. They are accompanied by a grant or sponsorship agreement that documents the public purpose of the funds being issued to the recipient and any performance criteria that the recipient organization must meet. Inventory items do not include ongoing operational proposals impacting County operations and operations in partnership with a Community Based Organization. 

Each year, individual Supervisors bring forward inventory items as part of the budget inventory process. However, the Board has not previously agreed to limit the total dollar amount of inventory items proposed by each Supervisor. As a result, it can be challenging for Administration to know how much funding to set aside for such proposals when the budget is being developed. It is also difficult for individual Supervisors to know how much to allocate for inventory proposals without being out of alignment with other Supervisors or raising budget concerns. 

The extraordinary circumstances of COVID-19 have led to a level of budget volatility beyond anything the County has experienced. Therefore, it is exceedingly important that Supervisors provide an explicit cap to Inventory funding for Fiscal Year 2020-21.  

Item will be heard: May 5, 2020, 9:30AM

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=12194&MediaPosition=&ID=101265&CssClass

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=12194

|City of Cupertino|

Adopt urgency ordinance to extend timeline for  planning permits and development applications due to COVID-19 

Issue summary: Staff recommend council enact an urgency ordinance to extend the validity of planning entitlements and permits, the time for review and action on development applications, and temporarily suspending certain CEQA requirements. 

Santa Clara County’s March 31 Shelter-in-Place Order prohibited most residential construction and almost all commercial construction. The current (April 29) County Shelter-in-Place Order permits all construction projects to resume to the extent allowed under the Governor’s statewide order, but requires that construction projects comply with the Construction Project Safety Protocols issued as part of the County’s Order, which include social distancing, screening, sanitation requirements and other measures that may affect the speed of construction. 

Under the County’s March 31 Shelter-in-Place Order, many construction projects and activities were unable to move forward, and some permit applications, building permits and planning approvals may have expired or may be nearing expiration. Although the County’s April 29 Order allows most construction to resume, many projects may now be behind schedule, and the Construction Project Safety Protocols included in the order may affect construction timelines, including for projects that are nearing permit expiration dates. The pending expiration of permits could create incentives to speed up work at construction sites in ways that may be inconsistent with social distancing requirements and other Construction Project Safety Protocols mandated by the County’s Order. 

If adopted, the ordinance would extend various planning entitlements and building permits that were valid as of March 16, 2020, when Santa Clara County issued the Shelter-in-Place Order, as well as applications submitted, and permits issued while the Updated Shelter-in-Place Order remains in effect. The ordinance would automatically extend building permit applications by 90 days and would extend issued building permits by 180 days. The ordinance would also extend planning permit approvals for the duration of the County’s Shelter-in-Place Order, plus an additional 180 days after the order is lifted, providing time for applicants to restart their projects or begin construction. 

The ordinance also includes a provision recognizing that the Governor’s Executive Order N-54-20 of April 22, 2020 suspends certain public filing, posting, notice, and public access requirements under the CEQA for a period of 60 days.

Item will be heard: Tuesday, May 5, 2020, 5:30pm

Link to item: https://cupertino.legistar.com/LegislationDetail.aspx?ID=4430151&GUID=586999F8-26B4-4538-A79E-F4EEECB9ACCF&Options=&Search=

Link to agenda: https://cupertino.legistar.com/MeetingDetail.aspx?ID=732519&GUID=2208B407-9056-459A-A5A2-476C90967E27&Options=info|&Search=

|Santa Clara Valley Transportation Authority|

Update on Silicon Valley Rapid Transit Program: final phase of testing, labor bidding underway, safety certification 

Issue summary:      The framework to passenger service that VTA and BART have established remains on track. The final phase of testing (verification and validation testing from BART’s Operations Control Center) is underway with the Train Control system being operated in fully automatic mode. The labor bidding process for BART is underway. Train operator training began on April 6, 2020, and on April 20, 2020 pre-revenue operations began. During pre-revenue operations, BART test trains simulate service to the established schedule without passengers until revenue service begins. 

Safety certification is progressing well with VTA and BART working with the contractor to finalize all test documents. These test documents will be shared with the California Public Utilities Commission (CPUC) as part of the safety certification process. VTA and BART plan to submit notification to operate with submittal of the Safety Certification Verification Report to the CPUC in the later part of May. A joint VTA-BART Readiness Group has begun preparation and planning efforts for passenger service.

 On Friday, April 17, 2020 a special VTA Board of Directors meeting was held for members to be briefed on two special concept studies that are underway to address BART’s operational and safety concerns with the single bore configuration that was included in the project’s June 2018 Record of Decision from the Federal Transit Administration (FTA). 

These concepts need to be further analyzed with BART to reach consensus on a viable concept, based on further engineering, risk assessment, cost estimating, and community engagement. Staff anticipates returning to the Board of Directors with an update status in the third quarter of 2020. 

Item will be heard:  5/7/2020 5:30 PM **TELECONFERENCE ONLY**

Link to item:   http://santaclaravta.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=3127&MediaPosition=&ID=7219&CssClass=

Link to agenda:   http://santaclaravta.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3127

|City of Mountain View|

Deferring $637K rent for Live Nation for Shoreline Amphitheatre due to COVID-19 

Issue summary: Staff recommend council authorize the modification of an existing agreement with Live Nation to defer rent payments for its use of Shoreline Amphitheatre due to impacts of COVID-19. The deferral would apply payments due for April, May, and June 2020 to January, February, and March 2021.

Due to the COVID-19 emergency, Live Nation is unable to host events at Shoreline Amphitheatre. The City received correspondence from Live Nation on March 26, 2020 and a follow-up letter on March 30, 2020 requesting rent abatement for the months of April, May, and June 2020. Based on the existing Santa Clara County Health Officer’s Orders, it is unknown when events will begin to be permitted at the venue and at what level.

Staff from both the City and Live Nation have agreed to continue to monitor the season, and both agencies will confer in November, the end of the concert season, to determine if other rent modifications are recommended. For example, if a majority of the season is not held and impacts Live Nation’s ability to produce revenue, staff may return to council in the fall with other options, including the possibility of reducing the rent due to the City. 

The applicable deferred rent payments for this year total $636,724, which will be deferred to January, February, and March 2021, and will result in the revenue being shifted into Fiscal Year 2020-21 instead of the current fiscal year.

Item will be heard: Tuesday, May 5, 2020, 6:30pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=4431485&GUID=1333E067-E87E-4849-9AF1-0A2DE3041D06&Options=&Search=

Link to agenda: https://mountainview.legistar.com/MeetingDetail.aspx?ID=743254&GUID=F476BA3D-245C-4FFD-8FFD-C9021ECDEDEE&Options=info|&Search=

General operating fund budget status report recommends reversing $3M for CIP, projects $1.5M shortfall in 2021-22 

Issue summary:  Council will receive a budget status update report on the FY 2019-20 General Operating Fund, including the impacts of COVID-19. Staff recommend council reverse a budgeted $3 million transfer to the Capital Improvement Program Reserve in order to maintain a balanced budget. Council is also asked to approve a recommended framework for developing the FY2020-21 operating budget and to direct staff to provide city council with quarterly budget updates to assess the potential ongoing financial impacts of COVID-19. 

The General Operating Fund (GOF) is the single largest City fund and provides funding for core services, including Police, Fire, Parks, Recreation, Library, Planning, Public Works, and all City Administration functions. Many of the City’s revenues are driven by the economic climate of Silicon Valley, the greater Bay Area, and the State.

Item will be heard: Tuesday, May 5, 2020, 6:30pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=4431477&GUID=F65C78A6-A48D-49B2-B8DE-1370FC8EC493&Options=&Search=

Link to agenda: https://mountainview.legistar.com/MeetingDetail.aspx?ID=743254&GUID=F476BA3D-245C-4FFD-8FFD-C9021ECDEDEE&Options=info|&Search=

|City of Milpitas|

Review FY 2019-20 Financial Status Report; approve budget changes due to anticipated COVID revenue losses

Issue summary: Council will review the FY 2019-20 Quarterly Financial Status Report for the quarter ending March 31, 2020 and approve budget amendments to rebalance the FY 2019-20 Amended General Fund Budget due to COVID-19 Pandemic anticipated revenue losses.

Item will be heard: Tuesday, May 5, 2020, 7pm

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2020/050520/agenda.pdf

Direction on potential revenue tax measures for Nov 2020 election

Issue summary: Council will receive a report and provide direction on next steps regarding potential revenue tax measures to be placed on the ballot for the November 3, 2020 General Election.

Item will be heard: Tuesday, May 5, 2020, 7pm

Link to agenda: http://www.ci.milpitas.ca.gov/_pdfs/council/2020/050520/agenda.pdf

|City of Gilroy|

Economic and revenue projection due to COVID-19 includes $11.2M shortfall; proposing use of reserves to soften cuts

Issue summary:   Staff’s recommendation will be to approach the recession and 10-year forecast adjustments with a “soft landing”. The goal is to use available resources (reserves and one-time monies) to allow time for the organization to make adjustments to its operations to match its new financial realities. In this case, the soft landing would grant time to make decisions regarding the best way to lower expenditures over a short-term perspective. This is contrasted with a “hard landing”, where immediate decisions to cut as deep and as fast as thought needed is done in the immediate time range.

As the City has adequate reserve levels satisfying both the General Fund and Economic Uncertainty policies, City staff will propose to use those reserves to fund the City’s “soft landing.”  Council wisely set these funds aside for these types of situations – we will now benefit from previous prudent financial planning.

Staff’s estimate was recently validated by the release of information from the League of California Cities which expects reductions to range from 30% to 37% for the quarter from April through June. The total impact over the two fiscal years with approved budgets is a shortfall in anticipated revenues totaling approximately $11.3 million.

Possible options for adaptation to budget shortfalls include transferring capital outlay funds for eventual replacement of equipment, and postponing of major projects and acquisitions. 

Item will be heard:  5/4/2020, 6:20 PM  

Link to item: http://gilroyca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1826&MediaPosition=&ID=2774&CssClass=

Link to agenda: http://gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1826

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