Policy Watch: Week of 5/11

|City of San Jose|

Establishing Coronavirus Relief Fund and approving food delivery contracts, incl. $23.9M for Revolution Foods 

Issue summary: Staff recommend council approve an ordinance to establish the Coronavirus Relief Fund, and to take the following appropriation and funding actions:

  • 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 Reserve in the amount of $133,295,248.
  • Ratify the Agreement to Provide Meals for Limited Duration During COVID-19 Disaster between the City of San José and Revolution Foods, Inc. (Oakland, CA) to purchase and deliver ready-to-eat meals 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 two 45-day options to extend the term through September 21, 2020, for a maximum compensation not to exceed $1,900,000.
  • Authorize the City Manager to negotiate and execute an agreement with Team San Jose (San Jose, CA) to provide meals to unhoused individuals beginning March 31, 2020 and ending on June 23, 2020 with a maximum compensation not to exceed $1,644,750 for the initial term;
  • Negotiate and execute an agreement with Revolution Foods, Inc. (Oakland, CA) to secure capacity for individuals experiencing food insecurity due to the impacts of the COVID-19 pandemic beginning on or around May 11, 2020 through June 11, 2020, with up to two options to extend the term through August 10, 2020 with a maximum compensation not to exceed $22,000,000;
  • Negotiate and execute an agreement with World Central Kitchen (Washington, DC) to procure and deliver meals to higher risk-eligible individuals aged 60+ for an initial term through June 10, 2020 with a maximum compensation not to exceed $3,564,000;
  • Negotiate and execute an 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 May 15, 2020 with a maximum compensation not to exceed $696,452;
  • Execute a Purchase Order with First 5 Santa Clara County for the purchase of diapers, wipes, and baby formula products to distribute 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 $511,348; and
  • Negotiate and execute an agreement with San Jose Unified School District to provide meals to students and their families beginning on or about March 23, 2020 and ending on or about May 22, 2020 with a maximum compensation not to exceed $2,400,000.

Item will be heard: Tuesday, May 12, 2020, 11am

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4453361&GUID=811497B0-EF83-4CA8-8535-9393B9E89E11&Options=&Search=

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

Approve airport concession agreement amendments to provide immediate financial relief 

Issue summary: Staff recommend council authorize the City Manager to negotiate and execute amendments to concession agreements to provide temporary financial relief to non-aeronautical concessionaires operating on airport premises effective June 1, 2020 through June 30, 2021. This action supports airport concession operations that have been directly impacted by passenger declines as a result of the COVID-19 pandemic.

Item will be heard: Tuesday, May 12, 2020, 11am

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4453542&GUID=1553DFBC-37A8-4663-AAE0-CD1E61C7395E&Options=&Search=

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

Mayor proposes outdoor restaurant, entertainment operations for reopening 

Issue summary:  Direct the City Manager and City Attorney to return to Council with recommendations for an ordinance that anticipates future revisions of County health guidelines to provide local businesses-particularly restaurants-to access to public space and private adjacent property for open air operations, including: “Allow businesses and business districts to apply for temporary use of streets, surface lots, public parking spaces, public recreation space, and adjacent parcels for outdoor dining, exercise classes, and other outdoor business operations that will enable compliance with public health dictates for physical separation.”

Item will be heard:  5/13/20, 2pm, Virtual mtg

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=4454723&GUID=F4D7240F-7A17-45F8-9116-C20FEBA8B0A9

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=712220&GUID=8D333B81-A697-4E2B-90F0-7E9ABE8141E1   

Jones proposes emergency face coverings mandate 

Issue summary:    Direct the City Manager to explore and issue an emergency order that mandates the wearing of fabric face coverings across the City of San Jose when interacting with individuals outside of one’s home, with specific exceptions, as an additional measure to the County’s guidance to stop the spread of COVID-19.

 Item will be heard:  5/13/20, 2pm, Virtual mtg

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=4456157&GUID=616C1A2D-6821-4404-B1E4-F6E703D1B12F

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=712220&GUID=8D333B81-A697-4E2B-90F0-7E9ABE8141E1   

Jimenez referral re reducing regulatory barriers to emergency shelter

Issue summary:  Includes:

1. Direct staff to investigate whether additional amendments to the Zoning Code are necessary to clarify the intent behind AB 101 and AB 2162.

2. Direct staff to return to Council with the following additional modifications to the Zoning Code before the end of the year

3. Direct staff to identify any obstacles to the establishment of emergency shelter, transitional housing, and permanent supportive housing in the Zoning Code or in other City regulations and return to Council with recommendations for modifications intended to streamline and facilitate the establishment of emergency shelter, including the addition of beds to existing.

Item will be heard:  5/13/20, 2pm, Virtual mtg

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=4453832&GUID=565CD83B-8021-4F82-A10D-54AD34A51279

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=712220&GUID=8D333B81-A697-4E2B-90F0-7E9ABE8141E1

Diep proposes 10% fee cap for food delivery companies that don’t provide workers PPE, 15% if they do

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

1. Limit fees 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; 

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

In addition, a letter of support was submitted by the SJ Downtown Association. 

Item will be heard:  5/13/20, 2pm, Virtual mtg

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=4453835&GUID=B5496FFB-81D3-4D89-B37A-FD5467707BA7

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=712220&GUID=8D333B81-A697-4E2B-90F0-7E9ABE8141E1   

Amending zoning code to facilitate production of emergency housing; Jimenez memo requests more research and direction 

Issue summary: Staff recommend council approve an ordinance amending the municipal code to extend the applicability of City density bonus development incentives and to update the City’s density bonus ordinance in conformance with state law. Council would also amend the code to enumerate and add a definition for Permanent Supportive Housing and Low Barrier Navigation Center; and adding an amendment to implement ministerial approvals required by state law.

Item will be heard: Tuesday, May 19, 2020, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4453731&GUID=42910B9A-DDEA-4C11-A2CB-EA1ED21CB31B&Options=&Search=

Link to agenda:  https://sanjose.legistar.com/MeetingDetail.aspx?ID=712190&GUID=01C3734E-445E-435C-89DB-F5181B6920D6&Options=info|&Search=

Adopting amendments to strengthen eviction moratorium 

Issue summary: Staff recommend council adopt an urgency ordinance and approve a companion ordinance to modify the provisions of the COVID-19 Eviction Moratorium Ordinance, Ordinance No. 30382, to include the following:

  • Extending the time for the tenant to notify their landlord of their status as an Affected Tenant to seven days after the notice of termination is served;
  • Prohibiting retaliation against affected tenants;
  • Prohibit a landlord from serving a notice in bad faith, or influencing or attempting to influence an affected tenant to vacate a rental unit through fraud, intimidation or coercion;
  • Prohibiting late fees, interest, or penalties charged against an affected tenant during the moratorium; and
  • Establishing a repayment period until December 31, 2020 for affected tenants to repay their past due rent accruing during the moratorium.

Staff also recommend council direct the City Attorney to return with a resolution extending the moratorium on evictions.

Item will be heard: Tuesday, May 19, 2020, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4453761&GUID=BB0C186D-F546-4C9F-97B4-80A3E80DCA78&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=712190&GUID=01C3734E-445E-435C-89DB-F5181B6920D6&Options=info|&Search=

Adopting Digital Literacy Quality Standards

Issue summary: Council will receive a staff report on the development of digital literacy quality standards for all City-sponsored programs that serve all ages, as specified by the Education and Digital Literacy Strategy. Council will also receive a report on the status of the progress of the current cohort of grantees through the San José Digital Inclusion Fund.

Staff recommend council adopt the Digital Literacy Quality Standards Citywide and direct staff to return to the Neighborhood Services and Education Committee in spring 2021 to report on progress implementing the Digital Literacy Quality Standards.

Item will be heard: Tuesday, May 19, 2020, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4452422&GUID=7224EEA3-4F63-48E1-B497-2D5CFA5C9DAF&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=712190&GUID=01C3734E-445E-435C-89DB-F5181B6920D6&Options=info|&Search=

|Santa Clara County|

Simitian/Chavez referral to extend countywide eviction moratorium 

Issue summary: On March 24th, the Board of Supervisors adopted Urgency Ordinance No. NS-9.287 establishing a temporary moratorium on evictions resulting from the Novel Coronavirus (COVID-19) Emergency within Santa Clara County. The ordinance currently expires on May 31st, 2020, and allows the Board of Supervisors to extend or shorten the ordinance based on the continued existence of a local emergency.

Given the current shelter in place order, it is unlikely that the circumstances of commercial and residential tenants who have lost income due to the current public health emergency will change significantly before May 31st. Given the current health crisis, as well as the existing significant housing and shelter crisis in Santa Clara County, extending the temporary moratorium will protect the health, safety, and welfare of the residents of Santa Clara County. Extending the expiration date of the ordinance also increases the time for tenants to apply for and receive unemployment benefits, small-business loans, and rental assistance funds, increasing their ability to repay rent, either now or during the rent repayment period outlined in the ordinance. Given extraordinary demand, many of these programs are unable to fulfill applications in a timely manner. As before, the urgency ordinance should provide protections to tenants throughout Santa Clara County, including both the unincorporated County and the county’s 15 incorporated cities.

At the time this referral is being written, Governor Newsom’s Executive Order N-28-20, suspending state law that would otherwise preempt or restrict local jurisdictions’ authority to suspend the evictions of tenants for the non-payment of rent, has not yet been extended past May 31st. If the Executive Order is extended/adjusted between May 5th and May 12th the moratorium extension should be considered at the May 12th Board meeting. If the Executive Order is extended/adjusted between May 12th and the May 26th special board meeting, the moratorium extension should be brought to the Board for consideration at the May 26th meeting. If it is not adjusted by May 26th, County Counsel is asked to craft language to allow for an automatic extension of the ordinance in the event the Executive Order is extended before May 31st, which should be brought to the Board for consideration at the May 26th meeting.

Item will be heard: May 12, 2020, 9:30AM

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=12196&MediaPosition=&ID=101311&CssClass

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=12196

Cortese referral on partnering with SCC Office of Education to improve internet access for underserved communities

Issue summary: This referral requests information on how the County can partner with the Santa Clara County Office of Education (SCCOE) to provide coverage and purchase equipment for underserved community members, starting first with the 15,000 families identified by SCCOE who have the highest need of assistance to get connected. These families consist of those who are receiving government support during this crisis, including MediCal recipients, CalFresh and CalWORKS clients, WIC beneficiaries, foster and resource families, and other low-income community members in need. Many families in these programs have children who utilize multiple types of services from the County and education community. We must provide proper equipment to these families to ensure our youth can succeed in school.

Item will be heard: May 12, 2020, 9:30AM

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=12196&MediaPosition=&ID=101344&CssClass

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=12196

|City of Sunnyvale |

Approval of Google’s “Google Caribbean” two five-story office buildings in Moffett Park 

Issue summary:  Google LLC seeks project approval for its Google Caribbean Project via special development permit for its two five-story office buildings, constituting 60 percent Floor Area Ratio and roughly one million square ft. Existing office and manufacturing buildings will be demolished in the process. Previously, the Sunnyvale planning commission voted unanimously to approve, with a resolution certifying Transportation Environmental Impact Report (Transportation EIR), adopting the Statements of Overriding Consideration, and adopting the Mitigation Monitoring and Reporting Program. 

Item will be heard:  5/12/2020, 7:00 PM

Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=4454757&GUID=59B5917B-710A-45EB-8D3D-652062D59A4C&FullText=1

Link to agenda: https://sunnyvaleca.legistar.com/View.ashx?M=A&ID=733739&GUID=ADFA6603-08F6-485B-81C1-D58A3FADFF9E

|City of Santa Clara |

Direction on proposed FY 20/21 & FY 21/22 CIP budget and FY 20/21 Operating Budget changes

Issue summary: Council will review and provide input on the Proposed FY 2020/21 & FY 2021/22 Biennial Capital Improvement Program Budget and FY 2020/21 Operating Budget Changes. While the focus of this budget is on capital improvements, there are operating budget adjustments that are necessary to address the projected drop in revenues associated with COVID-19. The FY 2020/21 Proposed Budget totals $972.1 million. 

 Item will be heard: Tuesday, May 12, 2020, 2pm

Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=4456364&GUID=5F799C1F-D205-4671-877C-085A6D33F82B&Options=&Search=

Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=777457&GUID=207A2CC1-FF18-450A-AD0D-194F3F1FA441&Options=&Search=


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