Approve changes to Affordable Housing Impact Fees and Inclusionary Housing Ordinance due to AB 1505 (“Palmer Fix”)
Recently, the State Legislature adopted AB 1505, also known as the “Palmer Fix,” which allowed local jurisdiction to implement inclusionary housing requirements for rental and for-sale housing developments. This change in state law means potential changes to the Affordable Housing Impact Fee and Inclusionary Housing Programs as existing, and consider a resolution that revises the definition of “dwelling unit” to clarify the distinguishing characteristics of a unit subject to the Affordable Housing Impact Fee; and allows developers of qualifying projects with Affordable Rental Apartments to apply for a different method of calculating their required Affordable Housing Impact Fee. Approval of the recommendation will also Direct the City Attorney and Housing Department to return with a new ordinance imposing an inclusionary housing obligation on for-sale projects with three (3) to nineteen (19) homes.
Approval of the recommended actions is intended to clarify distinguishing characteristics of dwelling units subject to the Affordable Housing Impact Fee (AHIF), encourage the development of on-site affordable units, and apply the inclusionary housing requirements to smaller projects so as to minimize procedural discrepancies between the Inclusionary Housing and AHIF Programs. The recommended actions are intended to simplify processes, improve efficiency, and provide certainty for developers of projects, regardless of whether they are rental or for-sale.
Where: San Jose City Council
When: December 19, 2017 1:30PM City Hall
Link to item: Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5687630&GUID=3220187A-EE37-4ADD-B564-787B9EEBD0EA
Resolution (a): https://sanjose.legistar.com/View.ashx?M=F&ID=5683844&GUID=4CB7C180-E6CE-4F95-9726-0D36E298CE6A
Resolution (b): https://sanjose.legistar.com/View.ashx?M=F&ID=5683846&GUID=F1050D4C-FC95-4E60-A4A2-AD58C310FE2C
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=565914&GUID=A086012B-02FB-4ECC-AA84-FC17B38B00A4&Options=info&Search=
Approve changes to Park and High Rise Fees
Council will consider approving a resolution that would establish the annual schedule of park fees and credits, authorize the City Manager to determine the applicable park in-lieu fees for residential units not included in the schedule, and establish a new permanent impact in-lieu rate for new Downtown Core Area high-rise units.
Approval of the recommendations in this memorandum will update the Parkland Schedule of Fees to align with current property values. Fee rates will be adjusted according to the observed rate of change in sales price for properties purchased over the 2016-2017 Fiscal Year; rates range from 1.5 percent to 8.2 percent across the Multiple Listing Service (MLS) districts in San Jose. This memorandum also proposes to establish a new park impact fee rate for Downtown Core Area high-rise units, based upon observed occupancy of existing high-rises in Downtown San Jose.
Where: San Jose City Council
When: December 19, 2017 1:30PM City Hall
Link to item: Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5683664&GUID=391B0F97-316A-439D-B495-D8A5B8BD02F6
Resolution: https://sanjose.legistar.com/View.ashx?M=F&ID=5683851&GUID=4EF551DD-9048-4850-A2EE-BDB3EB5FC354
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=565914&GUID=A086012B-02FB-4ECC-AA84-FC17B38B00A4&Options=info&Search=
Approve recommendations related to labor standards and living wage policy for residential garbage and recycling contracts
Council will consider approving a recommendation to accept a staff report providing information about labor standards applicable to residential garbage and recycling contracts. Council will also consider directing staff to return to council with a recommendation for Modified Living Wages for Recycle Plus Facility Workers for future residential solid waste service contracts.
Where: San Jose City Council
When: December 19, 2017 1:30PM City Hall
Link to item: Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5683663&GUID=A5FF83B1-9B84-43FE-A3A7-5C5F22F37E53
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=565914&GUID=A086012B-02FB-4ECC-AA84-FC17B38B00A4&Options=info&Search=
Employee Beneficiary Association Plan
Agenda items focuses on the approval of Ordinance to revise City Pension Plans due to IRS Ruling Requests. In 2015, the City and the nine Federated bargaining units and the Police and Fire employee bargaining units agreed to the term of the two Alternate Pension Reform Settlements Framework Agreements (federated Frameworks). At the time, the City Submitted One Private Letter Ruling (PLR) to the IRS that would cover both the ability to implement and elect a VEBA and allow the transfer of funds from the Sections 115 Retiree Healthcare Trust to the VEBA account. It was not until after the PLR was submitted that the IRS indicated to the City that the questions would have to be separated and that the City would have to submit the request related to the VEBA election and that the Retirement Board that administers the Section 115 Trust would have to submit the questions related to the transfer of funds from the Section 115 Trust. The City also learned that there two issues would have to be addresses by two separate divisions the IRS Office of Chief Counsel.
As a result, the City administration is recommending that the Council approve the revisions to the sections in the Municipal Code to clarify that the effective date of the opt in election for the VEBA will occur upon receipt of the second IRS determination regarding the transfer of funds from the 115 Trust. This will ensure that those employees will leave the defined benefit retiree healthcare plan and enter into the VEBA membership. They will not be entitled to continue with the defined benefit retiree healthcare plan.
Staff recommends approving an ordinance amending various sections of Chapter 3.28, 3.36, 3.57, and 3.58 of Title 3 of the San Jose Municipal Code to clarify the effective date of the election by employees out of the defined retiree healthcare benefit plan to the voluntary employee beneficiary association plan.
Where: San Jose City Council
When: 12/12/17 11:00 AM Council Chambers
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3290591&GUID=8CA9BBDB-40C1-46A9-BE32-D556E7C135D9&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=563226&GUID=665EA5B7-DC6A-4424-8995-74B37CDD84C3&Options=info&Search=
Adopting a Women’s Bill of Rights, including a Gender Equity Analysis and Action Plan
Staff are recommending that Council adopt a resolution in support of adopting the principles of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women referred to as the Women’s Bill of Rights. In addition, staff are recommending that Council approve an ordinance amending Chapter 2.08 of Title 2 of the San Jose Municipal Code to add a new Part 49 for the local implementation of the Women’s Bill of Rights.
In 1999 the City Council adopted a resolution entitled Convention on the Elimination of all Forms of Discrimination Against Women referred to as the Women’s Bill of Rights. The primary purpose of the resolution was to ensure the fundamental human rights in the dignity and worth or all human persons, and in the equal rights of women and men and provide a framework for challenging various forces that have created and sustained discrimination based on sex. One hundred sixty-three countries have now ratified or acceded to the Women’s Bill of Rights; however, the United States Congress has not yet ratified it. There is a continuing need for the City to protect the human rights of women by addressing discrimination and violence against women and to locally support the principles of the Women’s Bill of Rights. The County of Santa Clara, and other cities, have been working on an ordinance to promote gender equity, in all social, political and cultural spheres. Vice Mayor Carrasco encouraged the City, as the largest City in the County to take lead and enact our own similar ordinance.
The City administration has reviewed the County ordinance and has accepted Vice Mayor Carrasco’s recommendation that the City’s Human Rights Commission be the oversight body to implement the provisions of the proposed ordinance. The proposed ordinance is similar to the County ordinance except that the health-related provisions were not included since the County is better suited to handle those matters. Additionally, investigations into allegations of discrimination and/or prejudice involving City employees will continue to be handled in accordance with the City’s Discrimination and Harassment Policy. Allegations of discrimination and/or prejudice involving any other party in the City of San Jose will be referred to the appropriate agency.
A key provision of the proposed ordinance requires the preparation of a Gender Analysis and Action Plan as a tool for determining whether the City is implementing the local principles of the Women’s Bill of Rights and/or discriminating against women and girls. Overseen by the Human Services Commission, selected City departments, programs, and policies shall undergo a gender analysis that includes: 1) the collection of disaggregated data; 2) an evaluation of gender equity in the City’s operations, budget allocation, service delivery, and employment practices; and 3) the City’s integration of human rights principles and the local principles of Women’s Bill of Rights included in the ordinance. Upon completion of the gender analysis, the City will develop an action plan to correct any identified deficiencies.
Where: San Jose City Council
When: December 19, 2017, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3289299&GUID=5001718C-B77B-4FF7-AA6E-8CBC29439BE7&Options=&Search=
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=565914&GUID=A086012B-02FB-4ECC-AA84-FC17B38B00A4
Approving seats on seven Boards and Commissions
Staff are recommending that Council approve several Boards and Commissions appointments, including one seat on the Arts Commission; nine seats (three at-large) on the Clean Energy Community Advisory Commission; one seat on the Downtown Parking Board; one seat on the Housing and Community Development commission; one seat on the Human Services Commission; one seat on the Parks and Recreation Commission; and one seat on the Senior Citizens Commission.
Where: San Jose City Council
When: December 19, 2017, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3289298&GUID=18729F73-C507-45DC-A51A-3AD6BD75C87B&Options=&Search=
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=565914&GUID=A086012B-02FB-4ECC-AA84-FC17B38B00A4
Khamis Memo for Measure G Extension
Agenda item focuses on penalty deadline relating to Measure G. San Jose voters passed Measure G, the Business Tax Modernization ballot measure, in November 2016. The Business Tax is what many business owners commonly refer to as their annual business “license” fee. All persons and/or companies conducting business in San Jose are required to pay the Business Tax, whether or not they have offices located in San Jose. The Tax also applies to part-time operations. Although the new provisions took effect on July 1,2017, we, the City of San Jose extended the filing deadline through December 15th without the assessment of late-payment penalties.
Memo from Khamis states that, “I do not believe that we, as a City, gain anything positive by imposing penalties on those who are newly eligible to pay taxes under Measure G. If we extend the grace period for filing the 2017 Business Tax, the City will ultimately still receive the proper revenue from seniors and property owners who rent out their property. At the same time, we will not burden our staff with the extra work that it will take to notify these individuals of their penalty for being “late” to pay the Measure G tax this calendar year-. Therefore, I respectfully ask my colleagues to join me in approving this action, allowing staff more time to do further outreach and seniors and property owners who rent their property to more time to pay their 2017 Business Tax by extending the deadline to December 31, 2018”.
CM Khamis’ recommendations include to direct administration to:
- Waive the penalty(ies) through December 31, 2018 for those who are newly eligible for the business tax, such as seniors and property owners who rent their property, under Measure G.
- Utilize all forms of outreach including advertising (including web advertising), community meetings, and letters to ensure every senior and property owner who rents property – including IRS Schedule E filers – understand how to file and pay the Measure G tax.
Where: San Jose Rules Committee
When: 12/13/17 2:00 PM W118-120
Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=701899
Link to agenda: http://sanjoseca.gov/index.aspx?nid=3581
City of Sunnyvale
2017 Draft Housing Strategy
The 2017 Housing Strategy study issue, CDD 17-09, was ranked number one by Council among all proposed Community Development Department (CDD) study issues in 2017. Staff proposed this study as a more holistic and integrated alternative to doing several highly specific but possibly disjointed study issues. The scope of this study was further refined through Council direction during the study issues workshop in February and the March 28, 2017 hearing on the proposed timeline for the ranked study issues (RTC No. 17-0156). A budget supplement to provide $200,000 in funding for this project was approved by Council as part of the 2017-18 Adopted Budget. That budget is available for consultant studies and/or contract staff as may be needed to complete the study, manage the public outreach process, and finalize the reports and related materials for Council and commissions’ consideration.
The detailed work plan and scope of work for the Housing Strategy is presented in the following list. The work plan schedule is approximately one year to complete the review and return to City Council with a final report. The scope of work states the goal of (and context for) the study and lists the main study items, summarized below.
- Rent stabilization programs for Sunnyvale mobile home parks
- Age-friendliness of housing in Sunnyvale
- Supply-side housing efforts, such as:
- More generous affordable housing project financing
- Land acquisition financing program for non-profit developers
- Enacting a rental inclusionary ordinance consistent with AB 1505, and/or
- Updating the condominium conversion ordinance;
- Demand-side approaches, such as:
- Educational programs on financial literacy, homebuyer education, tenant education, or
- Other possible demand-side approaches not currently offered by the City;
- If contract funding is available after items 1-4 are addressed, any of the following items may be added to the scope:
- Development Review: Refine development review procedures, refine tracking or reporting procedures, and/or other operational changes
- Funding: Analyze new State laws to identify any new planning and/or funding opportunities
- Accessory Dwelling Units (ADUs): Consider methods to improve code compliance and health and safety among properties with unpermitted ADUs
- Housing Element Objectives: Describe and analyze options related to housing policy objectives not yet completed from 2015 Housing Element.
Where: Sunnyvale City Council
When: 12/12/17 6:00 PM Council Chambers
Link to agenda: https://sunnyvaleca.legistar.com/DepartmentDetail.aspx?ID=24675&GUID=92003858-11AA-4C13-A98E-15FFEAD40EC0&Mode=MainBody
Appointing 11 members to new Charter Review Committee
On September 26, 2017 Council established a Charter Review Committee (CRC) to review and analyze City Charter Section 604 (Filling Vacancies in Council Seats). On October 17, 2017, Council established the number of members at 11 and directed a recruitment process similar to the City’s boards and commissions. On November 28, 2017, the City Council amended the action previously taken on October 17 regarding the appointment process to allow selection of members by reviewing applications submitted and eliminating the in-person interview. The CRC will meet as needed from January through April 2018, and is expected to complete its task by May 2018. Council will consider the recommendations of the CRC tentatively in June 2018 and may provide direction at that time to prepare for a ballot measure to submit a Charter Amendment to City voters in the November 6, 2018 General Municipal Election.
The Office of the City Clerk received 15 applications by the November 17, 2017 administrative deadline from the following individuals:
- Linda Davis
- Melinda Hamilton
- Arthur Henrick
- Dawn Hopkins
- John Howe
- Marc Ketzel
- Richard Mehlinger
- Amanda Richey
- Steve Scandalis
- Avanindar Singh
- William Stewart Jr.
- Lawrence Stone
- Jack Walker
- Carol Weiss
- David Ybarra
Two additional applications were received after the deadline and are included for consideration at Council’s discretion:
- Hannalore Dietrich
- Andrew LaManque
Council Policy 7.2.19 Boards and Commissions provides that the appointment process is conducted per one of the following two methods, at the discretion of the Mayor:
Individual Candidate Votes: Council will vote on each applicant. The candidate receiving the most affirmative votes and at least four affirmative votes will be appointed. The process is repeated for each board or commission.
Paper Votes: The City Clerk will distribute individual voting sheets to be completed by each Councilmember. The candidate receiving the most votes and at least four affirmative votes will be appointed.
The Mayor has selected Paper Ballot Voting for the Charter Review Committee appointment process.
Following appointments, Office of the City Clerk staff will administer an oath of office and members will be asked to sign the City’s Model of Excellence. Resolving ties: Should a tie between the candidates receiving the most affirmative votes occur, the affected applicants will be voted on again. If a tie remains, and the affected applicants each have received at least four affirmative votes, the Mayor would ask the city attorney to draw the name of the person to be appointed. If vacancies still exist after the appointment process is conducted, staff shall inform Council of alternative courses of action.
Where: Sunnyvale City Council
When: 12/12/17 6:00 PM Council Chambers
Link to agenda: https://sunnyvaleca.legistar.com/DepartmentDetail.aspx?ID=24675&GUID=92003858-11AA-4C13-A98E-15FFEAD40EC0&Mode=MainBody
City of Mountain View
Adopting North Bayshore Precise Plan and EIR; deciding on issues of affordable housing guidelines, bonus FAR, and local hire policy
Staff are recommending that Council provide direction on several policy questions regarding the North Bayshore Precise Plan and adopt resolutions: 1) certifying the North Bayshore Precise Plan Subsequent Final Environmental Impact Report (SEIR), including adopting a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program; 2) amending the General Plan Land Use Map for North Bayshore Mixed-Use and High-Intensity Office boundaries; 3) amending the North Bayshore Precise Plan and adopting the Affordable Housing Administrative Guidelines, and 4) amending the Bonus Floor Area Ration (FAR) Review Guidelines for the North Bayshore Precise Plan.
The specific policy questions for discussion include:
- Does the Council support the current three-hour peak-period trip cap monitoring policy, or a peak-hour trip cap policy?
- Does the Council support the updated North Bayshore Precise Plan school policy language?
- Does the Council support the proposed local hire policy language?
- Does the Council support the proposed North Bayshore district-level sustainability measures?
- Does the Council support the additional proposed changes to the Final Draft Precise Plan?
- Does the Council support the additional proposed housing policy changes to the North Bayshore Precise Plan and its Affordable Housing Administrative Guidelines?
- Which Bonus FAR Tier Option does Council support for the Plan?
- Does the City Council support the revisions to the North Bayshore Precise Plan Bonus FAR Guidelines? Does the City Council support the Draft Precise Plan language regarding the Master Plan process, or would Council prefer all development projects that are part of a Master Plan be approved by the Council?
- Does the City Council support the Draft Plan approach that Master Plans are required for Gateway area development but are optional in other areas, would Council prefer requiring a Master Plan for other projects bases on criteria such as size, ownership, phasing, etc.?
- Does the City Council support the Draft Plan approach that Master Plans are required for Gateway area development but are optional in other areas, or would Council prefer requiring a Master Plan for other projects bases on criteria such as size, ownership, phasing, etc.?
Upon conclusion of this study session, staff are recommending that Council adopt the Precise Plan.
Where: Mountain View City Council
When: December 12, 2017, 5:30pm
Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3289515&GUID=17FDA082-4DB5-40F5-89F2-D361E1FBA8A8&Options=&Search=
Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=559261&GUID=CB2DA600-AD7D-4E15-BF93-CDD160C727D0
Santa Clara County Board of Education
Decision on Voices Morgan Hill Appeal petition
The charter for Voices College-Bound Language Academy at Morgan Hill (VMH, Voices, or Voices Morgan Hill) expires on June 30, 2018. On September 1, 2017, Voices delivered to the Charter Schools Office of the Santa Clara County Office of Education a renewal petition for a Santa Clara County Office of Education (SCCOE) authorized independent, district appeal charter school for the Voices College Bound Language Academy at Morgan Hill. On September 14, 2017, Voices withdrew its petition and resubmitted on September 14, 2017, to correct minor grammatical errors in its executive summary. Voices Morgan Hill is seeking approval for renewal of a public charter elementary school, serving students in grades TK-8 for a renewal charter term of five years beginning in July 2018. VMH currently serves 199 students and is located in Morgan Hill Unified School District. VMH was initially approved on November 19, 2014, and opened in August of 2015.
Where: SCCBOE
When: 12/13, 6:00pm at SCCOE
Link to item: http://www.boarddocs.com/ca/sccoe/Board.nsf/goto?open&id=AT7P3U5EAE40.
Link to agenda: https://www.boarddocs.com/ca/sccoe/Board.nsf/Public.
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