Policy Watch: Your weekly tip sheet for what’s going on in your community

Santa Clara County

Initial data on gender/race pay equity & direction on pay equity in County contracting policies

Commission on the Status of Women’s (CSW) Pay Equity Study:

In advance of the forthcoming pay equity study that will be undertaken by the Office of Women’s Policy and the Commission on the Status of Women, County Counsel and Administration have conducted an initial review of available data, which is attached.  It should be noted that this preliminary investigation is a broad overview of the limited data available.

Highlights include: The median hourly wages for women are lower than for men across all race/ethnicity categories with the exception of Asian employees. Median wages for non-white employees are lower than for white employees. White male and female employees have the highest median hourly wages of $46.61 and $45.25, respectively.  American Indian and Hispanic women have the lowest median hourly wages of $30.12 and $30.45, respectively.

The gender wage gap is predominantly attributable to occupational segregation. For men and women in the same job classification, hourly wages are largely the same. The major exceptions are in two highly paid occupations, physicians & officials/administrators; in both these occupations, the average wage for men is substantially higher, especially so for physicians.

Pay Equity Policies Relating to the County’s Contractors:

Pursuant to Board Policy 5.5.5.4, the County already prohibits any party contracting with the County from discriminating against a subcontractor, employee, or applicant for employment because of enumerated characteristics, including race, color, sex/gender, and sexual orientation.

The proposed revisions to Board Policy 5.5.5.4 would add language to match the nondiscrimination and equal opportunity language currently used in County contracts, specifying that discrimination shall not be tolerated with respect to recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation.  The proposed revisions would also state that any judgment against a contractor for violation of an applicable law, regulation or policy will result in Contractor’s material breach of the contract if the violation is not fully disclosed and/or corrected.  The proposed revisions would take effect on July 1, 2016.

Where:  Santa Clara County Finance & Government Operations Cmte

When: Dec. 10, 2015, 2 pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=6016&MediaPosition=&ID=79220&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=6016

 

City of San Jose

Recommendation for standalone Commercial Impact Fee Nexus Study

Recommendation to provide direction to staff regarding next steps for a potential Commercial Impact Fee (CIF) Nexus Study and Feasibility Study to support the development of Affordable Housing.

The City has three options to consider regarding a CIF study:

  1. Issue a Request for Proposal, hire one or more consultants, and conduct a San Jose-specific Nexus/Linkage Study and Feasibility Study
  2. Join the regional Nexus Study currently underway
  3. Do not study a CIF now, but revisit the issue at a future time

If an RFP is issued, it is expected that draft studies could be produced in the summer of 2016, followed by a focus on public outreach in Fall 2016, and recommendations being brought back to City Council in early 2017.

Though the regional Nexus Study being conducted by Silicon Valley Community Foundation is currently underway, and most communities have already signed MOUs, it is still possible for San Jose to join the study in December. The regional study is expected to take approx. 9 to 12 months from its start, and should be finished by late fall 2016.

Staff recommends a standalone San Jose Nexus Study, which would allow staff to best customize the analysis for the City’s unique situation.

Where:    San Jose City Council

When:  Dec. 15, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=547137

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=032c1a8c-300a-4a75-9181-819a83083bd8

Council Priority Setting Session

Updates:

  • The BIA submitted a letter opposing CM Carrasco’s Percent for Art proposing and claiming that it is unconstitutional, citing several lawsuits.
  • The North 13th Street Luna Park Business Association submitted a letter in support of the Downtown Active Storefronts Initiative being sponsored by Councilmember Peralez.
  • CM Jones recommendation to modify the priority setting process so that items added to the list of Nominated Ideas are ranked and organized into subgroups by the city department responsible, and ranked within that subgroup.

Newly nominated ideas include:

  • Urban Agriculture Incentive Zones Ordinance
  • Gender Pay Equity
  • License Plate Readers on Garbage Trucks
  • Electronic Billboards
  • Downtown Sign District Pilot Program

Councilmember Peralez also recommends Council consider the development of a Downtown Active Storefront Initiative that would include:

  • Penalty fees for storefronts that have been inactive for over one year within the Downtown Property-Based Improvement District
  • Allocation of all collected penalty fees toward an incentive program that assists property owners in activating their storefronts
  • Exploration of new tools and recommendations that will require new development in the PBID to activate ground floor space or storefronts

Councilmember Carrasco recommends Council direct the City Manager to explore a Private Percent for Art Ordinance that would enhance the arts community through a 1% investment set aside for public art on new capital construction and require developers to develop publicly visible artwork at the project site or through contribution to an in-lieu fund that creates publicly accessible artwork within the City.

Councilmember Oliverio nominates the following items for consideration:

  • Director-Initiated Re-Zoning Program – would proactively modify the Zoning District(s) on private property to facilitate economic development
  • Newsracks in Business Districts – would provide allowances for newsracks in business districts and address appropriate signage, if any, for these newsracks
  • Conservation Area Ordinance Streamlining (Distinctive Neighborhoods) – would modify SJMC to create more efficient process for establishing conservation areas
  • Noise Ordinance – would update the noise standards in the SJMC

Where:    San Jose City Council

When:  Dec. 15, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546884

Link to letters from public: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546892

Link to Jones memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1476&meta_id=546979

Link to Carrasco memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546886

Link to Peralez memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546888

Link to Oliverio memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546890

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=032c1a8c-300a-4a75-9181-819a83083bd8

Alternative Pension Reform Settlement with IFTPE 21, AFSCME 101, IBEW 332, and Operating Engineers Local 3

Adopting resolution to approve the terms of the Federated Alternative Pension Reform Settlement Framework agreement with IFTPE Local 21, ALP, AFSCME Local 101, IBEW 332, and OE3; and to approve the modifications for unrepresented employees in Unit 99 and Units 81/82 similar to the terms in the Settlement Framework.

Approval of these terms will settle the litigation resulting from Measure B. The City and the SJPOA and IAFF reached an agreement on Alternative Pension Reform Settlement Framework in July 2015.

Where:    San Jose City Council

When:  Dec. 15, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=547202

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=547204

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=032c1a8c-300a-4a75-9181-819a83083bd8

Mayor proposing revisions to lobbyist reporting disclosures

As recommended by Mayor Liccardo to the Rules Committee on Dec. 2, 2015, Council will direct the City Clerk to report on the feasibility of creating an electronic filing system for lobbyist tracking and reporting; to refine current lobbyist forms and add a section that differentiates the type of contact with elected officials and their Chiefs of Staff; direct the City Attorney to draft amendments to Title 12 of the San Jose Municipal Code referencing lobbyist reporting disclosures, and to direct the Ethics Commission to recommend revisions to the Gift Ordinance to better align with the State’s gift rules.

Mayor Liccardo recommends the following revisions to the City’s Code of Ethics pertaining to lobbyist reporting disclosures: changing reporting disclosures from quarterly to weekly, differentiating type of contact with elected officials and/or their Chiefs of Staff (e.g. email, phone call, etc.), and clarifying requirements for disclosure of all scheduled meetings and scheduled telephone conversations with registered lobbyists.

Where:    San Jose City Council

When:  Dec. 15, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546896

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=032c1a8c-300a-4a75-9181-819a83083bd8

Extending deadline for reduced North San Jose Traffic Impact Fee to Dec. 31, 2017

Recommendation to extend the deadline to qualify for reduced North San Jose Traffic Impact Fee under the Near Term Industrial Development Incentive Program by two years to Dec. 31, 2017, and revise the criteria to qualify as a low intensity industrial use with traffic impact fee collectible based on trip generation of the use rather than building square footage.

Approving these recommendations will accelerate investment in new office/industrial development in North San Jose; and approval of the criteria revisions will provide additional flexibility in applying this provision to industrial projects that demonstrate a very low vehicle trip generation rate and that adhere to controls to ensure the long-term use of the property at the proposed intensity or payment of the full NSJ TIF should the use change.

Where:    San Jose City Council

When:  Dec. 15, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546956

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546922

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=032c1a8c-300a-4a75-9181-819a83083bd8

Supplemental Memo: ALP, AMSP, CAMP, and IBEW signed Tentative Agreements regarding changes to retiree healthcare funding

Supplemental Memo: The reason for this supplemental memo is to include signed Tentative Agreements with ALP, AMSP, CAMP, and IBEW. In the original memo, signed TAs with AEA, CEO, MEF, and OE3 were included; subsequently, the other unions have signed TAs.

ABMEI has not signed a TA to extend the current retiree healthcare contribution rates and thus the City and employees represented by ABMEI are scheduled to begin paying the full Annual Required Contribution in Dec. 2015.

Original Item: Recommendation to adopt a resolution approving the agreement with the City’s bargaining units that would modify retiree healthcare funding effective Dec. 20, 2015 by extending the current retiree healthcare contribution rates until the implementation of an alternative pension reform settlement, or June 19, 2016. The impacted units include:

ABMEI

IFTPE Local 21

ALP

AFSCME 101

IBEW 332

OE3

If extended, the current retiree healthcare contribution rates would remain effective until June 18, 2016. If there has been no implementation of an alternative pension reform settlement agreement by June 19, 2016, the City may decide that the City and the plan members will contribute the full Annual Required Contribution on June 19, 2016. Under the current Retirement Plan, an eligible retiree receives 100% of the cost of the lowest priced single or family healthcare plan available to active employees. Since the current benefit is tied to the cost of the premium rather than a fixed-dollar amount, the long-term cost of providing this benefit is integrally tied to any increases or decreases in the cost of healthcare plans. The City and employees share the cost of funding the retiree medical benefits on a 1:1 ratio, with retiree dental benefits shared on an 8:3 ratio.

Due to the complexity of the retiree healthcare issue, the significant increase to the retiree healthcare contributions facing the City and its employees, and the on-going Measure B settlement discussions, the City and the bargaining units have agreed to extend the current retiree healthcare rates until the implementation of an alternative pension reform settlement. The City and employees in the Federated System are scheduled to pay the full Annual Required Contribution on Dec. 20, 2015. In order to provide the City and its employees additional time to discuss possible solutions and cost-saving measures, it is recommended that the current retiree healthcare contribution rates be extended.

Where:    San Jose City Council

When:  Dec. 8, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1476&meta_id=544912

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1476&meta_id=544978

Link to Supplemental Memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1476&meta_id=547151
Link to agenda
: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=8ccc7c58-e2d4-4bf0-965e-769a1b15ac8e

Mayor Liccardo, Vice Mayor Herrera, Councilmembers Peralez and Oliverio support urgency ordinance allowing churches to shelter homeless

Memo from Mayor Liccardo, Vice Mayor Herrera, CMs Peralez and Oliverio:

  • Memo in support of staff recommendation to move forward with an urgency ordinance allowing a church/religious assembly to provide temporary shelter to homeless persons without obtaining a special use or conditional use permit.

Original Item:

  • Recommendation to declare a shelter crisis in San Jose and designate the Bascom Community Center, Tully Community Library, Washington United Youth Center, and Bibliotheca Branch Library as overnight warming facilities; approve an agreement with HomeFirst to serve as the administrator of the overnight warming facilities; and to create and pilot a Temporary Church Shelter Program.

Approval of these recommendations will support a response plan that will provide a coordinated system of outreach and services for the unsheltered population in San Jose during periods of severe inclement weather this winter.

Where:    San Jose City Council

When:  Dec. 8, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1476&meta_id=544993
Memo from Mayor Liccardo, Vice Mayor Herrera, CMs Peralez and Oliverio: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1476&meta_id=547170
Link to agenda
: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=8ccc7c58-e2d4-4bf0-965e-769a1b15ac8e

Next steps for a pilot sanctioned homeless encampment

On Dec. 1, 2015, the City Council approved a memo from CMs Jones, Rocha, T. Nguyen, and Carrasco directing staff to explore a pilot sanctioned encampment in San Jose beginning in Jan. and reporting back to Council.

The Administration will be providing a report on the Council direction on Dec. 8. The memo will highlight regulatory issues, staffing considerations, and an implementation timeline should staff be directed to pursue the sanctioned encampment concept. Alternatives to this approach will also be provided.  This information will be provided in a Supplemental Memo that will be issued on Monday, Dec. 7.

Where:    San Jose City Council

When:  Dec. 8, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1476&meta_id=547210
Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=8ccc7c58-e2d4-4bf0-965e-769a1b15ac8e

Updating Public Works Municipal Code

Many parts of the SJMC contain definitions and provisions related to public works contracts and related director authorities. Many chapters are outdated and in need of updating to reflect more recent Council actions and other developments in public works construction contracting. It is the intent of this proposal to consolidate, update, and streamline all of the existing chapters of the Municipal Code and resolutions regarding the procurement and administration of public works construction contracts into a new chapter of the Municipal Code.

Proposed revisions include:

  • Formal codification of the Public Works Director Award existing authority, as currently set forth by resolution, to award competitively bid construction contracts up to $1M
  • Codifies existing practice by granting the Director of Public Works the authority to award projects up to $1M for the Department of Transportation and Environmental Services Department
  • Authorization for the Director of Public Works to:
    • Reject all bids if the bidding climate, project budget, or other factors warrant
    • Select appropriate project contingency amounts above the Council policy-prescribed limits, if warranted, and subject to certain conditions. This only applies to construction contracts up to $1M that are awarded by the Director, and subject to the proper appropriation of funds.
    • For any public works construction contract, execute a change order in any amount provided that the aggregate of change orders does not exceed the approved contingency
    • Conduct and resolve subcontractor substitution hearings
    • Approve sole source brand or trade name specifications using a process that follows the Public Contract Code, and is similar to the Municipal Code Section that pertains to purchasing
    • Promulgate updates to the Standard Specifications and Details

Staff also requests feedback or concurrence on the following items, though they remain largely unchanged from current practices:

  • Resolving bid protests – currently all formal bids are decided by Council after staff has provided a recommendation. It is current practice that protests for projects under $1M are heard by Council at the time of award. A discussion item for the Committee is whether this should be administered at the Director level for projects under $1M and within the Director’s award authority.
  • Conducting responsibility hearings – A discussion item for the Committee is to consider whether to keep the current practice or modify the practice so that the “responsibility” hearing would occur administratively and then Council would make the final decision based on the Director’s recommendation and the evidence presented at the hearing.

Based on feedback from this Committee, staff will complete the drafting of these proposed revisions with a timeline of returning to Council in Spring 2016 with a comprehensive package for discussion and approval.

Where:    San Jose Transportation and Environment Committee

When:  Dec. 7, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=545147

http://sanjose.granicus.com/MetaViewer.php?meta_id=545149

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/48134

Proposing to modify existing Recycle Plus contract language & preparing for new request for proposal in 2016-17

Recommendations include: Directing staff to return to Council in Feb. 2016 with proposed updated Recycle Plus contract language, if applicable, in Districts A and C; and directing staff to implement pilot studies to (1) process recyclables residues from Districts A and C to recycle organic waste, (2) issue larger garbage carts for single-family residences in focused areas; and return to Council with any recommended changes as part of the 2016-2017 budget process.

Two haulers collect and process the materials in the single-family recycling carts, California Waste Solutions (CWS) (Districts A and C, about 75 percent of total single-family residences) and Green Team of San Jose (GreenTeam) (District B, about 25 percent of single-family residences). GreenTeam also provides recycling collection for multi-family residences Citywide.

In order to increase the single-family recycling rate during the approx. 5 year remaining term of the current Recycle Plus contracts, staff recommends the following strategies:

  • As a pilot, City re-process residual material destined for landfill from the CWS MRF to recover organics and any recyclables.
  • Pilot larger garbage carts for single-family residences in focused areas and explore alternative recycling education responsibilities.
  • Adjust contractual recycling rate targets for Districts A and C.
  • Expedite the Council-approved plan to phase in backend processing of garbage for a portion or all of the remaining 60% of single family households as early as July 2016.
  • Defer major program modifications, such as backend processing or re-processing of MRF residue, until the residential contracts are re-bid.

Where:    San Jose Transportation and Environment Committee

When:  Dec. 7, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=545151

http://sanjose.granicus.com/MetaViewer.php?meta_id=545153

http://sanjose.granicus.com/MetaViewer.php?meta_id=545155

http://sanjose.granicus.com/MetaViewer.php?meta_id=545157

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/48134

Appointing Manh Nguyen to VTA Board

As recommended by the Rules Committee, Manh Nguyen will be appointed to represent the City of San Jose on the Santa Clara Valley Transportation Authority Board.

Where:    San Jose City Council

When:  Dec. 15, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546874

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=032c1a8c-300a-4a75-9181-819a83083bd8

Advisory group to meet re Santana Row, Valley Fair & Winchester Urban Villages 

The Winchester Corridor Advisory Group is a 16-member group that consist of developers, neighborhood and business association representatives, business and property owners, and residents. The primary purpose for the Advisory Group is to provide input and help guide the process of developing the Winchester Boulevard and Santana Row/Valley Fair Urban Village Plans and make recommendations to the City Council prior to the adoption of the plans.

Where: City of San Jose

When:  Dec. 14, 2015, 6:30 pm, Cypress Community and Senior Center, 403 S. Cypress Ave., San Jose

Link to meeting info: http://www.sanjoseca.gov/Calendar.aspx?EID=4285

Link to agenda: https://www.sanjoseca.gov/DocumentCenter/View/48287

Adopting Air Service Incentive program, including more funds & subsidies to airlines

Recommendations include:

  • Adopting a resolution revising the airline support program to facilitate the development of new air service at the Norman Y. Mineta San José International Airport (SJC) by removing the airline matching requirement on new air service marketing funds expended by the City
  • Increasing the new air service marketing funds to be expended by the City
  • Authorizing the Director of Aviation to waive the requirement for an airline to repay waived fees and marketing expenditures in the event of early termination of service
  • Adopting a resolution to provide economic development subsidies to Southwest Airlines, Alaska Airlines, British Airways, and Lufthansa German Airlines
  • Approving a third amendment to the Master Consultant Agreement for Airport marketing services with Civilian Inc. to increase the compensation by $1.2M to provide funds for a marketing program to British Airways and a marketing program with Lufthansa Airlines

These recommendations will help Southwest, Alaska, British, and Lufthansa start new services at Mineta Airport.

Where:    San Jose City Council

When:  Dec. 15, 2015, 1:30p

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=547139

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546930

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=547141

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546932

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=547206

http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=1477&meta_id=546934

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=032c1a8c-300a-4a75-9181-819a83083bd8

Changing former RDA property sale process to give public agencies first chance at buying properties for affordable housing 

Recommended action: Adopt a resolution to allow, among other things, affected taxing entities the opportunity, prior to solicitation, to acquire Successor Agency owned properties designated for sale in the Long Range Property Management Plan for housing the homeless or other affordable housing purposes.

At the November 19, 2015, Oversight Board meeting, several Boardmembers were concerned that the City of San Jose’s request to acquire the property located at 96 South Almaden Avenue (Plaza Hotel) did not comply with the Disposition Process as approved in February 2014. In response to those concerns, Successor Agency staff proposes to amend the Disposition Process to allow any affected taxing entity the opportunity to notify the Successor Agency of their interest in acquiring a property designated for sale on the Plan at any time prior to solicitation for housing the homeless or other affordable purposes.

There are two other proposed changes to the Disposition Process: change the appraisal requirement from “highest and best use” to “fair market value” of the property; and omit the reference to Option Agreements and instead references Purchase Agreements.

Where: Oversight Board to the SARA of San Jose

When:  Dec. 10, 2015, 9 am

Link to item: http://www.sanjoseca.gov/DocumentCenter/View/48278

Link to agenda: http://www.sanjoseca.gov/DocumentCenter/View/48293

 

City of Mountain View

Mountain View: Adopting ordinance requiring landlords to provide written leases for at least a 6-month rental term

Adopting an ordinance to require landlords to provide current and prospective tenants in a rental unit with the option of a written lease with minimum terms of 6 months and over. A tenant may also elect a month-to-month lease or other mutually agreed-upon lease terms. The ordinance also includes provisions requiring written lease rates not to exceed the rental rate for the same unit for a month-to-month tenancy, a requirement for landlords to notify tenants of the written lease requirements, and penalties for noncompliance. This ordinance does not require a landlord to renew a lease.

If adopted, the ordinance would become effective on Jan. 7, 2016. The ordinance would not immediately apply to existing tenancies already subject to a written lease. If a unit is rented without a written lease, then the landlord must offer a written lease to the tenant by March 1, 2016.

Where:    Mountain View City Council

When:  Dec. 8, 2015, 5:00p

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=2529486&GUID=5770DA5B-8069-423F-A6B6-52A06661B387
Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=381819&GUID=63B6D3EF-6FFB-495D-B843-F27774FA60C2

 

City of Palo Alto

Approving $213,000 budget for wage compliance services and updating pay scale to reflect minimum wage

Council will approve a contract amendment for prevailing and minimum wage compliance functions, a resolution for amending the wage rates adding a new minimum wage, and a budget amendment ordinance to increase the budget for prevailing and minimum wage and disadvantaged business enterprise compliance activities. For minimum wage compliance, the City has contracted with the City of San Jose Office of Equality Assurance.

The City of Palo Alto has eleven classifications that have a starting hourly rate that is below $11 an hour. There is currently one employee in the SEIU hourly group and 59 employees in the Limited Hourly group who are earning below $11 per hour. The City will be adjusting the hourly rate for these employees to comply with the new minimum wage requirement. In addition, the City will be adjusting the pay ranges of these classifications such that the lowest step in the range complies with the new minimum wage requirement, as well as the minimum hourly rate for General Laborer, Journey Level Laborer and Management Specialist. This means in total, an adjustment will be made to the hourly rate of 76 employees. In order to be compliant with the CalPERS requirement, a minimum and maximum hourly rate has been set for Inspector, General Laborer, Journey Level Laborer and Management Specialist classifications. The fiscal impact of these changes is estimated to be $20,000.

Total cost estimates for the next twelve months starting January 2016 is $312,000 for contract compliance services, the San Jose Minimum Wage Contract, wage compliance software, and training, outreach and related costs.

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/50116

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/50174

Moving forward with design & environmental review for new 3-story, $67M+ Public Safety Building

Council will vote whether to accept the Public Safety Building Site Evaluation Study of California Avenue Parking Lots C-6 and C-7 for construction of a new three-story Public Safety Building and public parking structure.  Council will also direct staff to proceed with design and environmental review of a 3-story Public Safety Building meeting zoning requirements on Lot C-6, and to proceed with design and environmental review of a new public parking garage on Lot C-7 that will provide approximately 470 public parking spaces (160 net new spaces), including evaluation of costs and other impacts to potentially provide additional parking beyond the 460 spaces.

The new Public Safety Building is the top priority in the Council Infrastructure Plan. It will address the space and program needs of the Police Department, 911 Emergency Dispatch Center, the Emergency Operations Center (EOC), the Office of Emergency Services (OES) and the administration needs of the Fire Department. It is expected to provide for the City’s public safety needs over the next 50+ years. Project cost estimates for the PSB and parking garage range from $67 to $100 million.

Construction cost estimates developed during the study indicated the need for a not-yet-determined amount of additional funding for the project. Staff’s recommendation to proceed with design and environmental review minimizes the future cost increases that will accompany further delay. Staff’s recommendation has the additional benefit of expediting the New California Avenue Parking Garage project, which is currently scheduled to be constructed in 2020.  The site evaluation study concludes that providing less expensive surface parking would significantly increase the acreage of land required for the Public Safety Building. Given the high price of real estate in Palo Alto and the lack of market availability of appropriate sites, staff does not believe that a lower cost site is feasible.

Funding for design and environmental review of a new Public Safety Building is included in Capital Improvement Program (CIP) project PE-15001, New Public Safety Building (Attachment C). Funding for design and environmental review of a new California Avenue Parking Garage is included in CIP PE-18000 (Attachment D), but is currently scheduled for fiscal year 2018. A budget amendment would be included with the future design contract award to change the funding timeline for CIP PE-18000.

Where:  Palo Alto City Council

When:  December 14, 2015

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/50112

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/50174

Ceasing negotiations with Moffat & Nichol & issuing new Request For Proposal for $11 Million Highway 101 Overpass; Google to contribute $1 Million

The revised cost of Moffat & Nichol (M&N) design for the Highway 101 Pedestrian/Bicycle Overpass Bridge has reached over $17 million. Since the last review of the project by Council, staff has met with Google representatives, who have committed to a contribution of $1.0 million toward the project, pending City review and acceptance. The total anticipated budget is about $11.4 million, which includes Google’s contribution. Staff is recommending that the negotiations with M&N be ended, and that a new RFP process be used to select a design team for the bridge. Additionally, staff recommends continuing to seek additional funding for the project that could allow incorporation of design elements and/or cover further cost increases that are likely to result from the current cost escalation and bidding environment. Google also conveyed its intent to provide the right-of-way needed at 3601 West Bayshore Road at no cost to the City.

Council will take action on the following four items:

  • Cease negotiations with Moffat & Nichol
  • Proceed with RFP for design services to develop a new bridge concept for the Highway 101 Pedestrian/Bicycle Overpass Capital Improvement Project (CIP) that meets the current CIP budget of $10.1 million, with a budget addition of $0.35 million in Regional Improvement Program construction funds
  • Partner with Google to secure a $1million contribution from the company to supplement the project budget
  • Pursue additional public and private funding to support inclusion of enhancement to standard bridge design and construction cost increases

Where:  Palo Alto City Council

When: December 14, 2015

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/50138

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/50174

New Council Rail Committee to discuss High-Speed Rail, VTA sales tax

This is the first meeting of the newly reconstituted City Council-Rail Committee. At this meeting the Committee should determine future meeting dates, agenda topics and related actions.

The current members of the Rail Committee are as follows:

  • Council Member Pat Burt (Chair)
  • Council Member Marc Berman
  • Council Member Tom DuBois
  • Council Member Greg Scharff

Agenda items include: position & strategy on the High-Speed Rail environmental review process; resources to address rail issues going forward; and recommendations on prospective 2016 VTA Transportation Sales Tax funding allocations for Caltrain and Grade Separations.

Where: Palo Alto City Council Rail Committee

When:  Dec. 16, 2015, 8:30 am

Link to item: http://www.cityofpaloalto.org/civicax/filebank/documents/50175

Link to agenda: http://www.cityofpaloalto.org/civicax/filebank/documents/50143

 

Santa Clara Valley Water District

Independent investigation into allegations of ethical misconduct

As a result of a complaint alleging ethics violations or misconduct on the part of the District and/or District staff, District Counsel retained an independent attorney to consider the allegations being made and determine whether sufficient facts existed to warrant further action.

Where:    Santa Clara Valley Water District Board of Directors

When:  Dec. 8, 2015, 6:00p

Link to item: https://scvwd.legistar.com/LegislationDetail.aspx?ID=2524322&GUID=96A28F4F-040D-4E5C-A5BF-8E8D9B2D09AB

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=420374&GUID=45986986-057C-4F33-9DCA-380AD34281FB

Interviews & pending appointment for vacant District 1 Director seat

 On November 4, 2015, Dennis Kennedy, District 1 Director, submitted a letter of resignation from the Board of Directors, effective immediately. Due to the 10-day board agenda posting requirement, the letters of interest have not finalized, as the final due date is after the 10-day posting deadline.

Board candidate interviews will take place on December 10th, 2015 at 1:00pm, and a new Board Director could be appointed at that meeting; if not, interviews will continue on December 14th with a new Director appointed at that meeting.

The next step in the selection process is for the Board to select candidates to interview from the pool of eligible candidates created from letters of interest submitted to fill the vacant District 1 seat, and determine the process for selecting interview questions.

Where:    Santa Clara Valley Water District Board of Directors

When:  Dec. 8, 2015, 6:00p

Link to item: https://scvwd.legistar.com/LegislationDetail.aspx?ID=2524320&GUID=80A7F324-DA56-47D9-9F1A-B73EA1169FA9

Link to agenda: https://scvwd.legistar.com/View.ashx?M=A&ID=420374&GUID=45986986-057C-4F33-9DCA-380AD34281FB

 

Santa Clara County Office of Education

Updated Staff Ethnicity Report shows decrease in minorities holding leadership positions

The Human Resources Branch prepares an annual staff ethnicity report for the County Board of Education.  As had been previously requested, the last report, dated November 5, 2014, had expanded staff ethnicity information for employee groups and by gender.  The report shows decreases among Hispanic, Asian, and American Indian ethnicities in leadership team positions during 2015. The report represents staff in all departments, programs and sites operated by the County Office of Education.

Where:    Santa Clara County Office of Education

When:  December 9, 2015

Link to item: http://sccoe.granicus.com/MetaViewer.php?view_id=1&event_id=61&meta_id=6832

Link to agenda: http://sccoe.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=61

Considering renewal of Summit Tahoma Charter Petition

 The Board will take action on whether to renew Summit Public School Tahoma Charter Petition. The charter for Summit Public Schools: Tahoma expires on June 30, 2016.  This charter was denied by East Side Union High School District Board of Trustees on September 16, 2010 and submitted on appeal to the Santa Clara County Board of Education on September 27, 2010.  The Santa Clara County Board of Education approved this petition on December 8, 2010 for the period of five years.  On October 8, 2015, the Charter Schools Office of the Santa Clara County Office of Education received a petition from Summit Public Schools:  Tahoma seeking renewal of the charter.  California Education Code Section 47607 (a) (1) requires that “each renewal shall be for a period of five years.”  If the charter were to be renewed by the County Board, the new term of the charter would begin on July 1, 2016 and end of June 30, 2021.  Administration recommends renewal on the petition for Summit Public Schools:  Tahoma Charter for the period of July 1, 2016.

Where:    Santa Clara County Office of Education

When:  December 9, 2015

Link to item: http://sccoe.granicus.com/MetaViewer.php?view_id=1&event_id=61&meta_id=6810

Link to agenda: http://sccoe.granicus.com/GeneratedAgendaViewer.php?view_id=1&event_id=61

 

San Jose Unified School District

Initial proposals from San Jose Unified School District & San Jose Teachers Association for a successor agreement; District’s proposals include amendments to accommodate the Friedrichs decision

Recommendation: That the Board of Education approve the initial proposals for a successor agreement to the 2013-2016 collective bargaining agreement between SJUSD and SJTA.

The term of the current collective bargaining agreement between SJUSD and SJTA is from July 1, 2013 through June 30, 2016.

SJUSD will seek to continue the implementation of the vanguard collective bargaining agreement between the parties… Additionally, SJUSD will seek to amend any and all provisions that link assignment of personnel to employee seniority date.

SJUSD will also seek to amend the followings:

  • Article 6000 – Grievance and Complaint Procedure so that the grievance process for SJTA aligns to the grievance process for other employee units.
  • Article 7000 – Association Dues or Fees and Payroll Deductions so that this article is able to accommodate the outcome of Friedrichs v. California Teachers Association.
  • Article 8000 – Teacher Orientation, Article 9000 – Professional Workday/Hours/Assigned Duties, and Article 20000 – Work Year, Inservice, and Staff Development
  • Article 9000 – Professional Workday/Hours/Assigned Duties.
  • Article 32000 – Retirement Program and Employment After Retirement so that any one-time, lump-sum payments are supporting recruitment and retention of employees.

Where: San Jose Unified School District Board of Trustees

When:  Dec. 10, 2015, 6:15 pm

Link to item: https://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=263697&IsArchive=0

Link to agenda: https://agendaonline.net/public/Meeting.aspx?AgencyID=123&MeetingID=22162&AgencyTypeID=1&IsArchived=False

 

East Side Union High School District

Considering renewal petition for Latino College Prep Charter School

The Board will take action to either approve or deny Latino College Preparatory Academy Charter School Renewal Petition. It is recommended that the Board of Trustees review and consider the Latino College Preparatory Academy charter renewal petition submitted by Julie Thompson, Director of Compliance & Teacher Development, The Foundation for Hispanic Education for Edward Alvarez, President, The Foundation for Hispanic Education. If the Board determines to authorize the charter conditionally based on the satisfactory submission and resolution of conditions stated above by the dates indicated above, then the Administration proposes and recommends that the Board adopt the analysis and factual findings in support of its conditional approval. On that basis, Administration recommends authorizing the charter petition and that the Petition be renewed for the required five-year term, commencing on July 1, 2016, to end on June 30, 2021.  It is further recommended that the Board authorize the District Administration to sign off on the conditions of renewal for the Latino College Preparatory charter petition once the petitioners have satisfactorily met the specified conditions.

Where:    East Side Union High School District

When:  December 10, 2015

Link to item: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=A4VR7L6A8B0E

Link to agenda: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=9YFSJL713539

Considering renewal petition for Summit Rainier Charter School

The Board will take action to either approve or deny Summit Public School: Rainer Charter School Renewal Petition. It is recommended that the Board of Trustees review and consider the proposed Summit Public School: Rainier charter renewal petition submitted by Kristen McCaw, Director of Growth & Policy, Summit Public Schools on behalf of Diane Tavenner, CEO, Summit Public Schools. If the Board determines to authorize charter conditionally based on the satisfactory submission and resolution of conditions stated above by the dates indicated above, then the Administration proposes and recommends that the Board adopt the analysis and factual findings in support of its conditional approval. On that basis, Administration recommends authorizing the charter petition and that the Petition be renewed for the required five-year term, commencing on July 1, 2016, to end on June 30, 2021.  It is further recommended that the Board authorize the District Administration to sign off on the conditions of renewal for the Summit Public School: Rainier charter petition once the petitioners have satisfactorily met the specified conditions.

Where:   East Side Union High School District

When:  December 10, 2015

Link to item: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=A4VR8R6AB267

Link to agenda: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=9YFSJL713539

Considering new bond measure for November 2016

Dale Scott of Dale Scott & Company (the District’s financial advisor) will present an overview of the District’s voter approved debt and review possible alternatives for additional funding that could be placed on the November 2016 ballot. It is recommended that the Board of Trustees have the administration review the possible alternatives for additional funding for a new general obligation bond election that could be placed on the November 2016 ballot.

Where:    East Side Union High School District

When:  December 10, 2015

Link to item: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=A4GT8M762836

Link to agenda: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=9YFSJL713539

Awarding a design-build, $17.6M contract to Flint instead of Overaa for Yerba Buena project

The District received two RFP responses for the Yerba Buena High School Student Union and Quad Modernization Project.:  Flint Builders + JK Architecture Partnership + MFDB Architects (“Flint”), and  Overaa Construction with Gould Evans (“Overaa”).The District used a Proposal Evaluation Summary to assess the two proposals.

Based on these assessments, the Board will consider taking action on the following recommendations:

  • Adopt the above Proposal Evaluation Summary as its findings;
  • Find that, on the basis of such information, the design-build Project and the Flint proposal as described above will reduce comparable project costs, help expedite the Project’s completion, and/or provide features not available through the traditional design-bid-build method;
  • Award a design-build contract for the Yerba Buena High School Student Union and Quad Modernization Project, and Replacement of the Campus Main Electrical Switchgear, to Flint Builders, in the amount of $17,609,268; and
  • Approve payment of the $7,500 stipend to Overaa Construction, Inc., for Overaa’s responsive participation in the design and cost competition.

Where:    East Side Union High School District

When:  December 10, 2015

Link to item: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=A4G2W5041ACB

Link to agenda: http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=9YFSJL713539

 

Santa Clara Unified School District

Discussing potential for new parcel tax

The Board will discuss the current parcel tax, which is schedule to sunset in 2017, and consider a new parcel tax. This item is to provide the Board an opportunity to discuss whether or not the district should consider seeking or some equivalent measure to begin when current one sunsets.

Where:    Santa Clara Unified School District

When: December 10, 2015

Link to agenda: https://agendaonline.net/public/Meeting.aspx?AgencyID=209&MeetingID=21083&AgencyTypeID=1&IsArchived=False

 

Franklin McKinley School District

Results of poll on a potential school bond for June or November 2016

Recently, District voters, reflecting demographics of likely June and November 2016 voters, were surveyed by Isom Advisors to assess the feasibility of a local school improvement bond program. A survey results presentation will be provided by Jon Isom to specifically cover community feedback for facilities priorities, attitudes toward the district, tax rate tolerances, and the overall likelihood of the success of a local General Obligation Bond.

The survey showed that over two-thirds of voters agree that local tax measures are the best way to raise funds. There was over 55% voter support for a bond measure from both June 2016 likely voters and November 2016 likely voters. Consultants also provided a timeline for necessary steps to place the measure for the June 2016 election.

Where: Franklin-McKinley School District

When: December 8, 2015

Link to agenda packet: http://www.fmsd.org/files/user/1/file/15_12_08%20Digital%20Website%20Board%20Packet.pdf

 

Santa Clara Valley Transportation Authority

Electing Board Chair / Vice Chair & making committee appointments to replace Ash Kalra

1.2: Conduct separate elections to determine the Board’s chairperson and vice chairperson for calendar year 2016. Based on the rotational schedule, for 2016 the chairperson position will be elected from the County of Santa Clara group and the vice chairperson position from the smaller city groups. Only directors from the designated city/county grouping are eligible for nomination. The affirmative vote of a majority of the Board (seven members) is required to elect each position.

5.4B: Approve Board Member appointments to Board standing committees, Board ad hoc committees, and joint powers boards. As a result of Ash Kalra’s resignation, the Administration & Finance (A&F) chairperson position, one A&F membership position, and one of VTA’s seats on the Caltrain JPB are now vacant. Recommendations are: appoint Jason Baker to serve as A&F chairperson; appoint Raul Peralez to serve on the Peninsula Corridor (Caltrain) Joint Powers Board; appoint Manh Nguyen to serve on A&F (contingent on his appointment to the VTA Board). These assignments would be effective immediately and continue until the Board approves 2016 Board member committee assignments on Jan. 7.

Where: Valley Transportation Agency Board of Directors

When:  Dec. 10, 2015, 9 am

Link to agenda packet: http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_121015_packet.pdf

Initiating Transit Ridership Improvement Program (TRIP) to redesign entire transit network 

VTA has initiated the Transit Ridership Improvement Program (TRIP) to increase ridership and improve the farebox recovery of VTA’s transit service. The TRIP encompasses VTA’s entire transit program and evaluates all decisions in terms of how ridership is affected. It potentially includes redesigning the transit network including the location, frequency and number of transit routes, addressing fare policies and making transit easier to use by improving the quality and accessibility of transit information. The decisions relating to network design involve many tough choices between worthy goals such as frequent service or geographical coverage and affordable fares or higher farebox recovery rates.

The Board of Directors will be asked to provide guidance on how VTA should balance these goals. VTA has hired Jarrett Walker, a network design specialist, to guide VTA’s Board of Directors through these tough decisions and work with VTA staff. The direction provided by the Board will guide VTA’s next two-year service plan which will be implemented in July of 2017. The conversation with the Board of Directors will begin in early 2016.

Where: Valley Transportation Agency Board of Directors

When:  Dec. 10, 2015, 9 am

Link to agenda packet: http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_121015_packet.pdf

 

Foothill-De Anza Community College District 

CalPERS finds that 20-year retirees are not eligible for retiree health benefits

This action is in response to the decision by CalPERS Board of Administration regarding Appeal of the denial of coverage for the District’s “20-Year Retirees” under the District’s contract with CalPERS Health.

The Board of Trustees is being asked to consider and approve a Resolution to adopt an amendment to the 401(a) Plan to cover only qualified former members of the Board of Trustees following a finding by an Administrative Law Judge and confirmation by the CalPERS Board of Administration that participation in the Plan by retired employees under the status of 20-Year Retiree would not qualify such retirees for coverage under the CalPERS retiree health program.

The 401(a) Plan is a supplemental retirement plan that provides a monthly retirement allowance to former employees who are not yet retired under CalPERS or CalSTRS (“20-Year Retirees”), and to former members of the Board of Trustees, who qualify for District-provided lifetime retiree health benefits. It was created to ensure that participants would be eligible for retiree health coverage through CalPERS. However, the recent finding by CalPERS denies eligibility to the 20-Year Retirees.  This means that the Plan will not serve the purpose of enabling certain former employees to meet the PEMHCA eligibility requirements for retiree coverage, so participation for these former employees should be terminated.

The Plan will be submitted to the IRS for a determination on its tax-qualified status prior to January 31, 2016. It is also recommended that the Board of Trustees delegate authority to adopt any technical amendments that may be required in order to obtain a favorable determination letter from the IRS.

Where:  Foothill-De Anza Community College District

When: December 7, 2015

Link to item: http://www.boarddocs.com/ca/fhda/Board.nsf/goto?open&id=A4RTKG73904F

Link to agenda: http://www.boarddocs.com/ca/fhda/Board.nsf/goto?open&id=A35VTR67798E

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