Policy Watch: Week of 6/15

It’s been 13 weeks since the Santa Clara County shelter-in-place became effective and 3 weeks since the killing of George Floyd that ignited a nation to support #BlackLivesMatter. This week we resume our weekly policy watch listings across the South Bay Area with an unequivocal commitment to social and economic justice.

| City of San Jose|

Liccardo/ Jones / Peralez/ Diep / Carrasco proposing to ban rubber bullets for crowd control & ask IPA to report on complaints about police response to Black Lives Matter protests 

Issue summary:  

1. Direct the City Manager to amend the SJPD Duty Manual, or alternatively, direct the City Attorney to amend San José Municipal Code Section 10.32- to prohibit the use of kinetic impact projectiles (KIP), i.e., rubber or foam bullets, within a dense crowd as a measure of crowd control, and to make this action immediate.

2. Direct the Independent Police Auditor (IPA) to:

a. Create an avenue to receive reports from anyone who either attended or were bystanders of the May 29, 2020 through June 4, 2020 protests and were injured by forced police response.

b. Return to Council by August 2020 with a special report to Council on the quantity and type of complaints received by the IPA relative to the period of civil unrest and police response beginning on May 29, 2020 and ending when the Council rescinds the Emergency Declaration related to Civil Unrest.

Item will be heard:  6/17/20, Virtual mtg, 2pm

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=4567836&GUID=4F26923B-E472-42FB-8FD8-5E3103C70A21

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=712225&GUID=34A5228B-93D2-4579-B2F9-6BAECC106F59

Final public hearing on 2020-21 Budget; Mayor’s June Budget Message

Issue summary: Council will hold the final public hearing on the 2020-21 budget, with Mayor Liccardo recommending approval of the City Manager’s proposed budget along with the additional direction outlined in his June Budget Message. 

Key recommendations from the Mayor:

  • Rejecting calls to defund the police budget: Hundreds of letters were received and included in the agenda item demanding defunding of the police department and redirecting funds to social services and programs. Liccardo calls for reform measures, such as expanding the authority of the Independent Police Auditor, collecting data on demographics of every person stopped by police; publishing use-of-force data on a public dashboard; deploying body worn cameras; hiring independent experts to identify trouble spots for racially biased policing, creating new courses on implicit bias, de-escalation of force, and encountering mental health crises; backfilling patrol so that every officer can attend those classes; and improving recruitment and screening. All of those investments require more money, not less. 
  • Digital Divide: Allocate $3.5 million of the CARES Act funding for this AT&T partnership to provide educational access for 11,000 San Jose children, and broadband for many more of their family members.
  • Office of Racial Equity: Allocate $200,000 from the Essential Services Reserve for two years, to support a full-time role to staff an Office of Racial Equity embedded within the City Manager’s Office. The City Manager is directed to work with SVCF for additional fundraising over this duration to sustain this work, and to establish a means to enable every City of San Jose employee to undergo implicit-bias awareness training to improve service delivery to our diverse community.
  • Families in Distress: Allocate not less than $7 million of the remaining federal CARES Act funds reserved for Resident Assistance (City Manager’s Budget Addendum #20) for struggling high-need families. The funding shall be distributed through the Silicon Valley Strong coalition of non-profits, prioritizing high-need San Jose families (including undocumented residents) unable to get access to federal funds. The City Manager shall return to Council with a proposed funding allocation plan for the remaining Resident Assistance dollars prior to their expenditure.
  • Child Care: Allocate $1 million from the Coronavirus Relief Fund’s Small Business Assistance allocation, and $500,000 from CRF’s allocation for Resident Assistance (MBA #20), for loans and grants to home-based and small childcare providers, with the condition that these businesses continue to actively provide service to families. An equity screen should be applied to provide priority to high-need neighborhoods.
  • San Jose “Viva Al Fresco”: Combine $189,000 from VTA Measure B and County funding with $600,000 from CARES Act funding for supporting restaurants with open-air dining.
  • Small Business Support: Support the revitalization of the Greater Downtown through creative ideas supporting safe reactivation of business spaces. (BD #10 Peralez – $100,000); Provide $65,000 to the Hispanic Chamber of Commerce Silicon Valley and $35,000 to the Silicon Valley Black Chamber of Commerce in support of building capacity for COVID-19 compliance and facilitating small businesses reopening through outreach, marketing, and service partnerships. (BD #37 Jones); Provide $50,000 to the Latino Business Foundation of Silicon Valley for support in providing services to minority-owned small businesses affected by COVID-19, including compliance with County orders. (BD #12 Carrasco); Provide $92,000 to the San Jose Downtown Association to provide services to small businesses impacted by COVID-19 including outreach and communication, support for reopening, and efforts to address recruitment, retention, and vacant space.
  • Silicon Valley Recovery Roundtable: Allocate one-time funding of $50,000 from the Essential Services Reserve and $50,000 from the Coronavirus Relief Fund to support the work of SVRR most directly affecting the City’s planning for the San Jose economy.
  • Measure E Allocation: The measure provides tens of millions of dollars annually for affordable housing and homeless assistance. The initial allocation of Measure E dollars will guide spending until the end of the 2020-2021 fiscal year. Staff is directed to return to Council in the Spring of 2021 to determine whether to revise the following year’s allocation to reflect the City’s rapidly-changing economic landscape.

Date/time/location item will be heard: Monday, June 15, 2020, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4565576&GUID=97E43F30-E124-4D7D-A64D-B862E7FE041B&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=789190&GUID=050786FB-66FC-4861-848F-9324316F9BC2&Options=info|&Search=

Arenas, Carrasco, Jimenez, Esparza, Peralez propose all Councilmembers take “Equity Pledge,” adopt equity-centered steps for all council meetings

Issue summary:     

1. Agendize for Council discussion and consideration the Equity Pledge, attached to this memo.

2. Direct the City Manager, under the leadership of the forthcoming Office of Equity, to:

a. Return to Council with a proposal to update existing processes to make Equity a more explicit part of Council deliberations, including adding a section on Equity Considerations on each Council, Committee, and Commission memo – as previously directed by Council on April 7, 2020.

b. Begin the GARE process with a formal convening of our community for public testimony on their personal experiences with discrimination, and San José’s history of system racism and targeted persecution. Bring this forward as a Hearing of the San José City Council on Race and Equity in San José.

Date/time/location item will be heard:  6/17/20, Virtual mtg, 2pm

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=4567825&GUID=99BD61C7-BC27-4E73-B6E0-E63589D72CC1

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=712225&GUID=34A5228B-93D2-4579-B2F9-6BAECC106F59

Planning update on DSAP, Google project in light of COVID 

Issue summary: City staff is providing an update on the Diridon Station Area Plan Update process and the Google Mixed-Use Plan and related Development Agreement, including revised timelines. The latest approach to community engagement and related activities in light of the impacts of COVID-19 and the County Order to Shelter-in-Place, will also be discussed.  Following the presentation, the SAAG will have the opportunity to ask questions and provide comments.

Date/time/location item will be heard:  6/17/20, virtual meeting, 6pm
Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=793548&GUID=AE3B70E1-178B-4319-99B8-E95A0C7ACCD6

Extending eviction moratorium to 7/31/20

Issue summary: Staff recommend council adopt a resolution extending the temporary moratorium to July 31, 2020 on evictions due to nonpayment of rent for residential tenants where the failure to pay rent results from income loss resulting from COVID-19.

Staff will also provide a report reviewing pending legislation affecting the rental community in response to COVID-19, and a report providing an update for outreach and education conducted by the Rent Stabilization Program. These reports have not been posted yet.

Date/time/location item will be heard: Tuesday, June 23, 2020, 11am

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4566256&GUID=523469A2-2795-4227-B5FB-B9C1ABDD6126&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=712198&GUID=09EDE554-8946-4AAB-BCE5-8434705EC5E0&Options=info|&Search=

Approving temporary cap on new or increased development fees

Issue summary: Staff recommend council approve a temporary cap on any future new fees on new development citywide for public infrastructure (excluding affordable housing); and future increases to the existing Diridon Basic Infrastructure Impact Fee. 

The temporary maximum rates in this recommendation would apply to building permits issued before January 1, 2023 as follows: 

(a) Retail/Industrial: $8.16 per square foot 

(b) Office/R&D: $12.20 per square foot 

(c) Hotel: $5,962.00 per room 

(d) Residential: $5,470.00 per unit 

Staff assert that providing certainty about development fee levels over the next 2.5 years helps developers and lenders of entitled projects to know project costs and secure financing, so they can start construction of their projects. Driving major construction projects during the health emergency and recession will create needed jobs and tax revenue. 

Date/time/location item will be heard: Tuesday, June 16, 2020, 11am

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=4566214&GUID=C9E9B33A-94B3-451B-BAA6-4DF0B856D967&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=712197&GUID=7E95C0BF-5B35-4E18-9ACA-9308FBEF2A85&Options=info|&Search=

| City of Gilroy |

Amending Gilroy Sports Park Master Plan

Issue summary:   Council will decide whether to adopt amendments to the Gilroy Sports Park Master Plan—initiated originally in 2006 to outline the city’s vision for the Sports Park site. Proposed amendments would reflect recent changes of having larger, more enclosed building than originally proposed.

The Gilroy Sports Park is planned to be developed in nine phases.  Development of Phase III aligns with the exclusivity agreement between the City of Gilroy and the Sharks Sports & Entertainment LLC and includes an indoor recreational facility that may accommodate youth ice hockey programs as well as other indoor recreational activities. As part of the original Sports Park Master Plan, the City envisioned development of a commercial recreation facility in Phase III for the purposes of encouraging economic development.

The project proposes an amendment to the Master Plan and considers the environmental impacts of the revised Phase III, but does not include actual development plans. Construction-level details of the indoor recreation building have not been developed and are not included at this time.  At such time detailed plans are submitted, they will be subject to Architecture and Site Review. Whether the ice rink development proceeds or not, adoption of the Supplemental Environmental Impact Report will update the environmental background for the Sports Park site, for any future projects.

Date/time/location item will be heard:  6/15, 6:00 PM 

Link to item: http://gilroyca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1829&MediaPosition=&ID=2755&CssClass=

Link to agenda: http://gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1829

| City of Palo Alto |

Direction on framework to address systemic racism

Issue summary: The City Manager recommends that the City Council discuss and provide direction to staff on a proposed initial framework and workplan to address police use of force and citywide issues related to race and equity.     

Date/time/location item will be heard:  June 15, 2020, approx.. 9:45 pm

Link to item:  https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=75278.55&BlobID=77273    

Link to agendahttps://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=51975.45&BlobID=77036  

Budget public hearing and review of retiree healthcare plans and funding strategy 

Date/time/location item will be heard:  6/22, 7:35 PM 

Link to item: https://www.cityofpaloalto.org/civicax/filebank/documents/77238

Link to agenda: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=42775&BlobID=77181

| City of Milpitas |

Scheduling agenda items including: Community workforce agreement, responsible construction ordinance

Issue summary: The Council will review list of potential City Council agenda items, direct staff to place those onto a specific meeting date or specify alternate direction to staff on those topics. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item. 

Main agenda item requests that still need to be put on the agenda include: 

  • Community Workforce Agreement
  • Responsible Construction Ordinance
  • Restrict smoking in multi-unit buildings
  • Establish Railroad quiet zone

Date/time/location item will be heard:  JUNE 16, 2020 7PM

Link to item:   http://www.ci.milpitas.ca.gov/_pdfs/council/2020/061620/attachments.pdf

Link to agenda:   http://www.ci.milpitas.ca.gov/our-government/city-council/city-council-agendas-and-minutes-2/

Implementing locally the United Nations Convention on the Elimination of all forms of Discrimination Against Women and establishing a task force

Issue summary The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), an international human rights treaty, provides a universal definition of discrimination against women and brings attention to a range of issues concerning women’s human rights. The City of Milpitas passed Resolution No. 8973 on May 19, 2020 in support of CEDAW. There is a continued need for the City of Milpitas to protect the human rights of women and girls by addressing discrimination, including violence, against them and to implement, locally, the principles of CEDAW. Adherence to the principles of CEDAW on the local level will especially promote equal access to and equity in health care, employment, economic development and educational opportunities for women and girls and will also address the continuing and critical problems of violence against women and girls.

Date/time/location item will be heard:  JUNE 16, 2020 7PM

Link to item:   http://www.ci.milpitas.ca.gov/_pdfs/council/2020/061620/attachments.pdf

Link to agenda:   http://www.ci.milpitas.ca.gov/our-government/city-council/city-council-agendas-and-minutes-2/


| Cupertino Union School District |

Issue summary: CUSD needs to establish long-term funding solutions and discuss potential implementation timelines.  The original plan was to pass a Parcel Tax in March and then consider placing a bond on the November ballot.  However, as a result of COVID and the recession that has dramatically impacted our state and our local community, this item is being brought to the Board to discuss what adjustments should be considered.  

Board members will determine Districts direction on potential ballot measures and timelines to place measure:

Bond: Full bond or targeted bond list of projects

Facility Master Plan completed and approved on June 4, 2020 ● District facility needs at all 25 sites ● Lack of funds from the State to sufficiently address facility needs

Parcel tax: renewal, renewal and increase, square footage

7 year parcel tax which began in 2015-2016 and terms out in June of 2023 ● Currently brings in $8.67 million ● The $8.67 million funds over 80 Full Time Equivalent Teacher and Support Staff positions ● Cost of election would vary by election date

Additionally, these items are meant as conversation starters, and the District seeks guidance from the Board on the best next steps.

Date/time/location item will be heard:  June 18, 2020 6PM

Link to item:   http://go.boarddocs.com/ca/cusdk8/Board.nsf/goto?open&id=BQCTNZ784254

Link to agenda:   https://go.boarddocs.com/ca/cusdk8/Board.nsf/Public

| Santa Clara County |

Report on strategic hiring freeze criteria and anticipated retirements impact on County budget 

Issue summary: At the May 26, 2020 Board of Supervisors meeting (item #9), Supervisor Chavez requested information relating to the strategic hiring freeze to better understand how Administration is prioritizing resources. Further, Supervisor Chavez requested Administration provide information relating to anticipated retirements and the impact on Other Post-Employment Benefits (OPEB).

Strategy Hiring Freeze Evaluation Criteria

Effective April 10, 2020, County Administration implemented changes to the recruitment and hiring process to ensure that any actions necessary to balance the budget would have the least impact on service delivery and the workforce.  Offers of employment made prior to April 10, 2020 were honored.  To fill vacancies after April 10, 2020 requires an approved exemption request. 

Date/time/location item will be heard: June 16, 2020, 9:30AM

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=12774&MediaPosition=&ID=101758&CssClass

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=12774

| San José Unified School District |

Supporting Black Lives Matter, including restorative justice practices, implicit bias training, ethnic studies course offerings, and dialogue

Issue summary: The District wants to recognize the experiences, honor the history, and highlight the contributions of Black people, while ensuring that every Black person has the social, economic, and political power to thrive. Stating that Black Lives Matter does not negate our commitment to all members of our community, but rather elevates Black people, who have historically been oppressed by our society, and affirming that their lives, specifically, matter. These efforts are aligned with our Equity Policy and the recognition that valuing the diversity that exists among students, staff, families, and community members is integral to the vision of preparing today’s students to be the thinkers, leaders, and creators of tomorrow. If the resolution is approved, the San José Unified School District will declare that Black Lives Matter and joins the movement to fight for freedom, liberation, and justice. The San José Unified School District is committed to providing safe spaces for discussions on race and injustice, including the work of the Black Lives Matter Global Network. The San José Unified School District is committed to restorative justice practices, implicit bias training, ethnic studies course offerings, and resources that foster dialogue around the guiding principles of Black Lives Matter.

Date/time/location item will be heard:  June 11, 2020 6:00PM

Link to item:   https://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=1192616&IsArchive=0

Link to agendahttps://agendaonline.net/public/Meeting.aspx?AgencyID=123&MeetingID=78407&AgencyTypeID=1&IsArchived=False

| Santa Clara County Board of Education |

Report on Staffing: underrepresentation of Hispanics in leadership

Issue summary:      The report covers the ethnicity of SCCOE staff: 

  • SCCOE exceeds some diversity goals in the general staff, but has an underrepresentation of Asian ethnicity
  • In the leadership, there is an overrepresentation of white and underrepresentation of Asian ethnicity
  • Classified non-management staff has an overrepresentation of Hispanic ethnicity
  • Certificated non -management staff has an over representation of white ethnicity and underrepresentation of Hispanics
  • Male staff has an overrepresentation of white ethnicity. 

The Asian ethnicity is underrepresented across all staff. 

Date/time/location item will be heard:  June 17, 2020 5pm

Link to item:   http://go.boarddocs.com/ca/sccoe/Board.nsf/goto?open&id=BMDUR7781737

Link to agenda:   https://go.boarddocs.com/ca/sccoe/Board.nsf/Public

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