Approving workplan & budget for the new Office of Labor Standards Enforcement
At its November 7, 2017 meeting, the Board of Supervisors approved the creation of the Office of Labor Standards Enforcement (OLSE) in order to increase workplace equity and establish a fair and healthy economy for workers, businesses, and residents. OLSE’s mission is to advance labor standards through thoughtful community and business engagement, strategic enforcement, innovation and study, and policy development with a commitment to equity and social justice. The Board also approved the Food Permit Pilot (Item No. 15) and the Business License Program (Item No. 14) with mechanisms for enforcement of labor standards.
The Board directed the Administration to report back with information relating to the structure of the proposed Food Permit Enforcement pilot program and the nature and extent of wage theft in the retail food industry in Santa Clara County. Responding to this directive, the Administration makes the following recommendations:
- Receive report from the Office of the County Executive relating to the activities and operations of the County of Santa Clara Office of Labor Standards Enforcement.
- Approve the workplan relating to the Food Permit Pilot, the Business License Program, the Labor Standards Community Education and Outreach Initiative, and further study related to enforcing local minimum wage ordinances.
- Approve Request for Appropriation Modification No. 133 – $500,000 transferring funds from the Reserve for Federal and State Budget Impacts to the Office of the County Executive relating to the Labor Standards Community Education and Outreach Initiative. (Roll Call Vote)
- Approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate contracts relating to providing development, planning and implementation services to achieve the programmatic goals of the Labor Standards Community Education and Outreach Initiative in an amount not to exceed $500,000 and contract terms that start no earlier than March 1, 2019 and end no later than July 30, 2020, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on July 30, 2020.
Where: Santa Clara County Board of Supervisors
When: December 4, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9967&MediaPosition=&ID=94069&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9967
Report & direction on County Airports Business Plan Update; deciding whether to maintain Reid-Hillview as an airport, or open it up for potential redevelopment of the 180-acre site
The Board will receive a report from the Roads and Airports Department. Staff has prepared a draft County Airports Business Plan Update for the Housing, Land Use, Environment, and Transportation (HLUET) Committee and the Board’s consideration. The purpose of this report is to provide information to the Board of Supervisors for consideration related to the Update. Administrative staff is expecting further direction from the Board of Supervisors as they see fit.
At the September 17, 2018 special meeting of the HLUET Committee, staff presented two options regarding the Airports Business Plan Update. Staff’s recommendation was to maintain Reid-Hillview as an airport while making improvements and paying down debt by accepting Federal grants, applying for property releases from the FAA, and conducting an RFP for leasing properties (Option 1). Staff’s alternative rec was to preserve the opportunity for reuse of the Reid-Hillview property for purposes other than an airport in 2031 when grant assurances expire by adopting a policy that the County would accept Airport Improvement Program (AIP) grants, applying for property releases from the FAA, and negotiating leaseholds to make acreage available for non-aviation development (Option 2).
Supervisor Cortese requested that the Administration complete additional analysis related to an alternative described as “Option 3” for the possible future consolidation and expansion of general aviation operations at the San Martin Airport and re-use of Reid-Hillview, and directed that the following analysis be completed and returned to the Committee before the Airports Business Plan Update was considered by the Board of Supervisors:
- Business analysis of the capital improvements necessary to consolidate County general aviation operations at San Martin (e.g., additional asset development of Reid-Hillview property for non-aviation uses, investment requirements to improve and expand airport operations at San Martin so that existing assets at Reid-Hillview would be replaced with improved facilities at San Martin so that existing users of Reid-Hillview would not be displaced with such a consolidation and expansion of San Martin).
- Identification of possible legal constraints on the full consolidation by the County of airport operations at San Martin following 2031 when grant assurances at Reid-Hillview expire.
Supervisor Wasserman recommended that Supervisor Cortese’s request for additional analysis regarding the Airports Business Plan Update be brought to the full Board for consideration.
If the Board of Supervisors desires to preserve the County’s options for possible use of the Reid-Hillview Airport for an alternate purpose, the following option may also be considered.
- Approve a policy statement that the County will not apply for Airport Improvement Program grants for Reid-Hillview Airport.
- Direct the County Executive or designee to accept $1 million in FAA entitlement funding related to the airfield repaving project at San Martin Airport to help pay down the outstanding General Fund loan.
- Direct the County Executive to apply for property releases at Reid-Hillview Airport from the FAA consistent with the Business Plan Update.
- Renegotiate existing leaseholds to the extent possible to consolidate the FBOs at Reid-Hillview Airport to make available acreage for non-aviation development. This effort may by hindered by a decision to forego Federal grants since the future of Reid-Hillview will be viewed as uncertain by potential leaseholders.
The Board may wish to clearly state its intent regarding Reid-Hillview by:
- Declaring its intent that the purpose in foregoing certain Federal AIP funds is to ultimately close Reid-Hillview Airport.
- Directing the County Executive to prepare a new Master Plan for the San Martin Airport in consideration of the future closure of Reid-Hillview Airport.
Where: Santa Clara County Board of Supervisors
When: 12/4/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9967&MediaPosition=&ID=93897&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9967
Consider allowing for suspension of Stanford’s affordable housing requirements if countywide affordable housing policy is enacted
Between July and August 2018, the Santa Clara County Planning Commission held three public hearings to discuss amending the Santa Clara County Zoning Ordinance (Ordinance No. NS-1200.368) to include a new section (section 4.20.130) aimed at ensuring the inclusion of affordable housing units within the Stanford University Community Plan Area when market rate housing units are constructed. The Planning Commission voted to forward the issue to the Board of Supervisors with an unfavorable recommendation, citing their preference to amend policy on a countywide basis, rather than creating special provisions only for the Stanford University Community Plan Area.
The Board of Supervisors considered this recommendation at its meeting on September 25, 2018. They voted to approve the new Section 4.20.130 for the Stanford University Community Plan Area, along with an Affordable Housing Impact Mitigation Fee Ordinance. However, responding to the Planning Commission’s concerns, the Board recommended that a new Section 3 be added to Ordinance No. NS-1200.368, which provides for the suspension of Section 4.20.130 if another regulatory tool is approved that would otherwise address the housing impacts of development within the Stanford University Community Plan Area. The Planning Commission reviewed this recommendation at its public hearing on October 25, 2018 and voted unanimously to forward a favorable recommendation to the Board of Supervisors for final approval.
Where: Santa Clara County Board of Supervisors
When: December 4, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9967&MediaPosition=&ID=94303&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9967
Chavez referral to add sexual assault to the scope of the Office of Labor Standards Enforcement
Current Office of Labor Standards Enforcement (OLSE) enforcement categories include violations related to: wage theft, pay equity, living wage, equal opportunity / non-discrimination, and human trafficking. This referral requests inclusion of failure to pay penalties for adjudicated sexual assault and retaliation cases (for whistle-blowers or for invoking labor rights) to the scope of OLSE’s enforcement classifications. One of the enforcement strategies that the OLSE could use is the withholding of Food Permits and/or Business Licenses as a regulatory tool for non-compliance. Staff recommends approval of this inclusion in order to apply appropriate enforcement pressure to sexual assault and retaliation cases.
Where: Santa Clara County Board of Supervisors
When: December 4, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9967&MediaPosition=&ID=94497&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9967
Yeager/Cortese referral to create pilot program with the Minority Business Consortium for minority & disadvantaged business contracting
The Minority Business Consortium’s (MBC) primary mission is to increase contracting opportunities for minority and disadvantaged businesses. MBC also assists agencies and prime contractors who are working on public and private projects in reaching their vital Certified Small Disadvantaged Business (SDB), Certified Minority Business Enterprise (MBE) and Certified Women’s Business Enterprise (WMBE) goals. Meanwhile, MBC is continuing its efforts to expand the overall diverse contracting pool.
MBC has expressed interest in creating a pilot program that will work with various departments to develop and implement a robust disadvantaged, local, and small business enterprise program and a strategic diversity plan for construction procurement in Santa Clara County. MBC proposes to assist in new data source acquisition and utilize the County’s ICC Purchasing and Contracting Dashboard now under development. The proposed pilot project could include recruitment, outreach, and certification programs by strategically partnering with key community groups, business organizations, and leaders of the targeted communities and streamlining diversity procurement and purchasing procedures in conjunction with County procurement construction systems. This item requests that the proposed pilot program be referred to the Administration, who will be tasked with identifying the departments that will develop and maintain this partnership with the MBC and on determining what the pilot program will look like.
Where: Santa Clara County Board of Supervisors
When: December 4, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9967&MediaPosition=&ID=94396&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9967
Update & direction on next steps for the Universal Access to Education, Child Care and Health Pilot Project
On June 11, 2018 (Item No. 63), the Board of Supervisors approved a revised budget approving a one-time allocation of $2,330,980 for the Universal Access to Education, Child Care and Health Pilot Project. The Project provides an integrated and culturally-responsive approach in its whole child, whole family service delivery model to support early child education, child care, and health. The pilot is centered on two sites, Franklin McKinley and Alum Rock School Districts, and also partners with FIRST 5 Santa Clara and the Santa Clara County Office of Education. As of October 2018, all memoranda of understanding have been fully executed.
This report will highlight key implementation progress made to date on the pilot program. In addition, at their November 14, 2018 meeting, the Children Seniors and Families Committee requested that staff report to the full Board of Supervisors an inventory of available funding sources and/or available capacity to leverage in order to expand the Universal Access to Early Childhood Education, Care and Health pilot.
Where: Santa Clara County Board of Supervisors
When: December 4, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9967&MediaPosition=&ID=93499&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9967
Expanding subsidized early child education programs in the Franklin-McKinley School District
On June 11, 2018 (Item No. 66), the Board of Supervisors approved funding for the implementation of a pilot program at the Franklin McKinley and Alum Rock school districts to support efforts toward universal access to early child care, education, and health. The Board also indicated that the Office of the County Executive would use the Santa Clara County Office of Education (SCCOE) Facilities Report to inform its own assessment and recommendations on the opportunities to expand access to subsidized early child education programs.
This item presents to the Board of Supervisors recommendations from the Office of the County Executive regarding the expansion of subsidized early child education programs in the Franklin-McKinley School District. These recommendations are informed by and align with findings from the Santa Clara County Public Health Department’s Children’s Health Assessment, the Santa Clara County Office of Education’s Early Learning Master Plan, and FIRST 5 Santa Clara’s Strategic Plan.
Where: Santa Clara County Board of Supervisors
When: December 4, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9967&MediaPosition=&ID=93799&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9967
City of San Jose
Approving land sale, MOU, & other agreements with Google to sell land in Diridon Station Area
MEMOS & LETTER:
Letter from the Housing and Community Development Commission:
The head of the HCDC writes to Mayor Liccardo to reflect back the recommendations that emerged from the SAAG process and its Civic Engagement Report, according to the observations of commissioners. The commission reflects that the highest housing priorities that emerged from the process were:
- Building inclusionary housing units on-site, rather than paying in-lieu fees or building off-site;
- Ensuring that at least 25% of housing units are offered at below-market rates to households ranging from extremely low-income to moderate income;
- The ultimate goal is no direct/indirect displacement from San José, and no increase in homelessness
- The strategy for addressing housing issues should integrate homeless services.
The HDCD also makes two recommendations: 1) The City Council should include study of a Commercial Impact Fee that would apply to the Diridon Station Area Plan businesses; and, 2) The City Council should require that housing be built in the Diridon Station Area, by Google or other affiliate or partner companies, within 10 years of the City’s conveyance of land to Google.
11/29 Memo from CMs Davis, Arenas, Carrasco, and the Mayor:
Makes a series of recommendations, the first being to approve the MOU and land sale agreement, and the rest (5) focused on plans for community benefits from the development. The second recommendation is to “immediately commence discussions with Google regarding the amount and purpose of a community benefits fund,” prioritizing community needs like housing, education, and job training. Other recommendations include updating the 2040 General Plan mandating the 25% affordable housing requirement in the Diridon Station Area and returning to Council with next steps for a commercial linkage fee, development impact fee, or other vehicles to generate money from developers for private purposes
11/30 Rocha Memo – CM Rocha reiterates his excitement at the Google project but emphasizes that the City’s agreement with Google must prioritize equity and center the needs of the most impacted communities. To this end, he recommends 5 edits to the MOU document that focus on strengthening the document’s commitment to: living wage jobs for San Jose residents; community oversight of community benefits; and much stronger language around affordable housing provision. The final recommendation centers around greater accountability for how the proceeds from the land sale will be spent. Later in the memo, he suggests that the funds should be specially earmarked, kept separate from the general fund, and spent with the following priorities (in order of importance) in mind: Housing and displacement; jobs and education; transit, environmental issues, and public space.
11/30 Peralez memo – Peralez affirms that, since the MOU is not legally binding, it must contain stronger language to assure community members that the city is vigilant about protecting their priorities. He recommends: incorporating more specific guidelines for affordable housing and local hiring; developing a process for community oversight of the Google community benefits fund, including through SAAG; including goals in the MOU to “ensure no direct or indirect displacement of existing lower-income residents” and to support and collaborate with local schools; placing an item on a future Council agenda to establish a navigation center for unhoused people using SARA land sale funds; acknowledging the Fire Training Center remediation costs as a community benefit if the cost to Google exceeds a certain threshold; and directing the City Manager to create a workplan for some of the MOU provisions.
Original item:
Recommendation:
- Approve a Memorandum of Understanding with Google containing the Vision and Shared Goals for a future master planned, mixed-use development in the Diridon Station Area; establishing basic tenets of a future Development Agreement including a Community Benefits Plan; and affirming that no public funds, subsidies, or fee/tax exemptions will be provided to Google.
- Approve a Purchase and Sale Agreement with Google for properties formerly owned by the Successor Agency to the Redevelopment Agency and properties owned by the City
- Approve two additional agreements between the City and Google: an Option/Negotiation Rights Agreement with Google for the City-owned property commonly referred to as Lots A/B/C, as well as a Ground Lease with Google for the City to continue occupying the property containing the Fire Training Center located at 255 S. Montgomery St. for a period of three years following the close of escrow for the amount of $0;
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758491&GUID=B9C8FB59-14A4-4FBF-9E47-ECDE9DE20777
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610826&GUID=7A18814E-EC7B-46DE-B7D9-B8A86F6CDAD3
Discuss regional commercial linkage fee
Council will discuss and take action on a Regional Commercial Linkage Fee as a legislative priority of the City. There was no staff memo.
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3764269&GUID=FEB246D0-0F8A-417F-B007-44E159F4A5F1&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
Direction on Councilmember Jimenez memo to approach Google about temporary use of their vacant properties for homeless shelter
Councilmember Jimenez is asking Council to direct the Housing Department and the Office of Economic Development to approach Google about allowing the temporary use of one or more of their recently purchased properties for the purposes of creating additional shelter beds within San José.
The following are recommended parameters to guide the negotiations with Google:
- Temporary use should be for no less than two years;
- Shelter should be year-round;
- Leasing of property from Google should be negotiated at the least possible cost to the City;
- Google’s agreement to lease property to the City will not count towards their anticipated community benefit contributions;
- There should be a definitive end date for use of property, and the City should lead the closure.
Councilmember Jimenez in his memo also calls for an update to the Council regarding these negotiations on or before the December 4, 2018 Council meeting.
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3764210&GUID=7B89ACE1-0356-479D-AD2D-F56A21E0CF47&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
Interview applicants and appoint one to Planning Commission
Council will interview applicants for the Planning Commission and appoint one for a term ending June 30, 2022. There was no memo on the applicants.
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3763166&GUID=6BC20166-CD6F-4953-ADE0-19D88F32B8CD&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
Recommending airfield changes for the Airport Master Plan
Staff will report on the status of the Mineta San Jose International Airport’s Runway Incursion Mitigation and Design Standards Analysis Study, which aims to reduce the risk of runway incursions and conform with FAA airfield standards to ensure greater safety.
The airfield configuration alternatives analysis was completed earlier this year, which recommends numerous, but relatively minor, physical changes to the airfield to improve safety, design standards compliance, and accommodation of future demand. The recommendations include the following actions:
- Closure of the westernmost parallel taxiway, and permanent conversion and extension of former west side Runway 11/29 to serve as a parallel taxiway.
- Minor upgrades to the two existing runways to meet design standards for widebody aircraft and closing two runway/taxiway intersections in the central portion of Runway 12L/30R for safety purposes.
- Realignment of several cross taxiways on both sides of the field to prevent direct aircraft access from parking aprons to a runway.
- Elimination of some wide expanses of taxiway pavement to better control aircraft ground movements.
- Additional pavement markings and pilot notifications to reduce potential confusion between runways and parallel taxiways.
The recommended alternative has been submitted to the FAA for formal review as a required update to the Airport Layout Plan. Separately, the recommended alternative is also being incorporated into a proposed “major amendment” to the Airport Master Plan that will be brought forward for advisory review by the City Airport Commission and Planning Commission before being agendized for hearing and approval by the City Council. The Airport is currently working with the Planning, Building and Code Enforcement Department, the City Attorney’s Office, and its environmental services consultant to scope and prepare the required CEQA analysis (updated Environmental Impact Report) that must be completed prior to City action on the proposed Airport Master Plan amendment. Council consideration of the Master Plan amendment is anticipated to occur in late summer or early fall 2019.
Where: San Jose Transportation and Environment
When: Monday, December 3, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3718610&GUID=8DA774B4-A451-4000-9101-DCA1112EBA23&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=614405&GUID=6081F55C-F70F-4F57-8D05-4DE3A388CE01&Options=info&Search=
City to acquire land and build new 2 parking lots to meet amended contract terms on SAP Center parking to compensate for Google land sale
Memo from staff (Dept of Transportation and City Manager/Office of Economic Development) recommending that Council adopt a resolution to revise on- and off-site parking requirements in the agreement with San Jose Arena Management, LLC. The proposed amendment to the agreement would acknowledge that the City owns and is ultimately responsible for ensuring adequate public parking facilities, on- and off-site, to support the SAP Center. However, the sale of SARA land to Google and the eventual construction of new transit infrastructure will require the City to compensate for over 200 parking spaces located on these areas. To this end, the City will acquire a new property to the north of the SAP Center and build 2 new surface parking lots.
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3764639&GUID=FE1C0E9B-D8DA-4474-AB78-94D256299FD3
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610826&GUID=7A18814E-EC7B-46DE-B7D9-B8A86F6CDAD3
DEFFERED TO 12/11/18 – San Jose: Direction on negotiations with 3 out of 4 residential solid waste contractors & on ending negotiations w/ CWS and issuing a new RFP
The Environmental Services Department (ESD) provides recycling and garbage services to all households in San Jose through four contracted service providers: California Waste Solutions (CWS), Garden City Sanitation Inc. (Garden City), Green Team of San Jose (GreenTeam), and GreenWaste Recovery (GreenWaste). As ongoing contracts end in 2021, City staff have been in negotiation with these service providers since 2017 to now present Council with key service enhancements and cost provisions for the potential new service agreements. Staff have been able to reach agreements with Garden City, Green Team, and GreenWaste, but not CWS.
Direction: Direct staff to develop new agreements with Garden City, GreenTeam, and GreenWaste, and return to Council in April 2019 with agreements for future solid waste services, with term to begin upon Council approval and continue through June 30, 2036. Also direct staff to stop negotiations with California Waste Solutions (except for their residential street sweeping services), and issue an RFP for single-family recycling services in Service Districts A & C, currently serviced by CWS. Also direct staff to return to Council with recommendations for future service delivery strategies for residential street sweeping and Junk Pickup services.
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758521&GUID=AE867E45-3D18-4B68-88D6-CBACB2F5ACCD
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
DEFFERED TO 12/11/18 – San Jose: In light of China policy, approving resolution to waive disincentives for waste contractors who fail landfill diversion goals
In March 2018, China passed its “National Sword” policy, heavily restricting the recyclable materials it used to import. This policy is having a very significant impact on California recycling markets, to the extent that current waste removal contractors are concerned about meeting landfill diversion requirements. Should the City pass the attached resolution, the City Manager would have the authority to waive all or some of the contractual disincentives related to not meeting diversion goals.
Direction: Council should approve the resolution to authorize the City Manager to waive disincentives.
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758506&GUID=40F8E355-8AA1-4C8A-B6CB-
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
DEFFERED TO 12/11/18 – San Jose: Approving Modified Living Wage of approx. $17.50/hr for Recycle Plus contracts, plus labor peace plans
Direction: Direct staff to negotiate the inclusion of a Modified Living Wage requirement, as approved by Council, in future residential garbage and recycling agreements.
As part of the ongoing negotiations with existing haulers, staff recommends negotiating the implementation of MLW in any new Recycle Plus agreements as a means of complying with the City’s Living Wage Policy. City Council previously directed staff to develop a methodology to calculate an MLW for Recycle Plus “Facility Workers.” The MLW is calculated by applying the San Jose Living Wage to the estimated percentage of San Jose time and applying San Jose Minimum Wage to the estimated percentage of non-San Jose time. The proposed methodology results in a 2018-2019 MLW of $17.26 with health benefits and $17.83 without health benefits for Facility Workers. The costs for implementation of MLW in future agreements (Fiscal Year 2019-2020 or later) are estimated to be approximately $3 million annually and would likely require a ratepayer increase.
CWS, GCS, GreenTeam and GreenWaste have also resubmitted labor peace plans (Attachment B) that demonstrate a good work environment and prevent disruption in services due to disputes with its employees.
Where: San Jose City Council
When: December 4, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758507&GUID=0384D2EB-9718-450A-BFBA-0CFDD81C9BA1
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=652411&GUID=11C209B7-86B8-4C91-84B7-ABCB69FFAE5F
Approving changes to the TPO (just cause eviction), including adding duplexes
Council will may take several actions related to the Tenant Protection Ordinance:
- Staff recommend that council not include duplexes under the Tenant Protection Ordinance;
- Add a provision to require the posting of a notice summarizing the requirements of the Tenant Protection Ordinance including prohibiting retaliation, harassment, and intimidation against tenants based upon their immigration status;
- Add a provision to the criminal activity cause for eviction stating if the tenant is acquitted of the criminal charges which caused termination of tenancy are dismissed or reduced, the tenant is permitted to return to the apartment if the tenant household still resides in the apartment and consents to the return;
- Add a provision that states that nothing in the Ordinance will abrogate the protections afforded to survivors of violence, and require a posting to include these rights; and
- Add a provision to require a statement in the Notice of Termination that it is served in good faith and include a reference to the Rent Stabilization Program for referral information (including homeless prevention).
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758492&GUID=2D0F27B8-908D-42C6-83C3-C010064984EF&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
Prohibiting housing discrimination based on source of income
Staff recommend that council adopt a source of income ordinance to prohibit landlords from rejecting tenants who hold Housing Choice Vouchers or other rental subsidies. In addition, council would direct the Housing Department to implement an education and outreach plan in coordination with Santa Clara County Housing Authority and other rental subsidy partners that considers process improvements and incentives to increase the use of rental subsidy programs.
The Housing Choice Voucher Program (HCV), commonly known as the Section 8 Program, provides rental subsidies to low-income residents so they can rent housing on the private market. However, a recent survey by the San Jose Housing Department found that most landlords who listed apartments in San Jose on Craigslist.org and Apartments.com did not accept HCVs. As of November 2018, over 2,000 housing choice vouchers went unused in San Jose and Santa Clara County.
Landlords are not prohibited by federal or California law from rejecting a tenant based solely on the fact that he or she possesses a HCV or other tenant-based subsidies, nor are landlords required to consider subsidies as income when qualifying tenants. However, several jurisdictions, including Santa Clara County, have adopted local source of income ordinances with the goal of increasing housing options for rental voucher holders.
This memorandum recommends that staff draft an ordinance that prohibits discrimination based on an applicant’s source of income. It also recommends the short-term dedication of resources to improve the landlord’s experience participating in housing voucher programs. This includes exploration of potential additional incentives for landlords to increase participation in HCV and other rental subsidy programs.
Where: San Jose City Council
When: Tuesday, December 11, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3758504&GUID=7A9D8496-97C6-4B0E-BF1B-96BD873A6B90&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610827&GUID=3827C5A9-434F-4F8B-9863-5EADEFEB88D0&Options=info&Search=
City of Mountain View
Councilmember McAlister recommendation to cancel CPI increase to minimum wage for 2019
Councilmember McAlister has submitted a memo recommending that council adopt an ordinance to delay the start of the annual Consumer Price Index adjustments to the minimum wage from January 1, 2019 until January 1, 2020, and to resume cost-of-living increases in 2020.
On October 9, 2014, the council adopted an ordinance to require the payment of a Citywide minimum wage based on the City of San Jose’s ordinance. The ordinance set the Citywide minimum wage at $10.30 per hour effective July 1, 2015. On October 27, 2015, the City Council introduced another ordinance increasing the Citywide minimum wage in Mountain View to $15 per hour by 2018. Beginning on January 1, 2019, the minimum wage is set to adjust annually based upon the regional CPI.
On June 5, 2018, the Council unanimously directed staff to bring back an ordinance delaying the CPI, meaning that there would be no increase in 2019. On September 28, after Sunnyvale declined to postpone the CPI adjustment, a majority of the Council then directed staff not to return with the ordinance.
According to CM McAlister, cancelling the CPI increase for 2019 would allow Mountain View to be better aligned with the rest of the Santa Clara County cities that have adopted minimum wage ordinances and would allow business stakeholders to give input and discussing impacts on small businesses.
Where: Mountain View City Council
When: Tuesday, December 4, 5:30pm
Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3766810&GUID=ADA2755E-55B9-4E6D-ADEF-05E1C1C8873E&Options=&Search=
Link to agenda: https://mountainview.legistar.com/MeetingDetail.aspx?ID=606591&GUID=64047864-5C0E-466C-A14B-55EF5DC5FC94&Options=info&Search=
Deciding which annexation requests to submit to LAFCO – $19M Sports Park, Sports Park plus commercial, and/or North-Central neighborhood
This report provides a summary of estimated cost and timeline to develop the Sports Park area in addition to other information as requested by City Council at the October 29, 2018 meeting.
If development is to occur per the Sports Park Master Plan in addition to developing the nearby commercial uses (Option A), then the estimated cost would be $21.2M to $24.2M. Conversely, if development is to occur per the Sports Park Master Plan (Option B), without developing the commercial properties, then it would take approximately $19.4M to complete. Alternatively, if a smaller site of Option B is proposed with an indoor facility (Option B.1), then the estimated cost is $2.7M.
Based on the information presented in this report, Option B.1 requires the least amount of cost to develop the Sports Park area when comparing to Option A and Option B. Although Option A may generate sizable economic opportunities for the City, it is too cost prohibitive to proceed. Option B has a lower cost estimate comparing to Option A, however the total cost is substantially more than Option B.1.
In regard to the North-Central neighborhood request, if it is submitted to LAFCO for review in 2019, then the Sports Park project will be further delayed until after 2020. In accordance with LAFCO’s policy, each city can only submit one request per calendar year. If both projects are submitted under one request in 2019, LAFCO may find the proposed scope too large and too broad which would encourage unforeseen urban sprawl.
Where: Gilroy City Council
When: December 3, 2018/6:00 p.m./ City Council Chambers, City Hall
Link to item: http://gilroyca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1118&MediaPosition=&ID=1889&CssClass=
Link to agenda: http://gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1118
VTA
Approve Ad-Hoc Financial Stability Committee Recommendations
The board will consider approving the following recommendations to address ongoing structural financial issues:
- approve the proposed mitigation measures;
- initiate various policy discussions to address VTA’s structural deficit and promote long-term financial stability
- direct staff to further examine opportunities to increase or diversify VTA’s funding base, reduce costs, and improve operating efficiencies.
The board will also consider the following recommendations for encouragement and policy discussion:
Encouragement/Policy Discussion
In addition to the proposed mitigation measures and other specific actions addressed above, the Committee identified several issues for further review/discussion and encourage the Board to both continue existing efforts and initiate various policy discussions to address VTA’s structural deficit and promote long-term financial stability:
- Protect services in South County when redesigning the service network
- Develop a framework for funding strategy decisions on ballot measures
- Revisit capital expansion programs and consider options for service provision
- Examine funding partner agreements
- Develop a framework for future Caltrain funding and joint revenue strategy particularly
- in relation to continued General Fund support if a regional funding measure is sought
- Encourage job/housing balance and developments at areas with existing services
- Continue to aggressively pursue Joint Development opportunities
Further Examination
The list of Committee recommendations includes several items that require further study by staff:
- Examine VTA’s funding base including those that are fungible while ensuring capital
- funds are not shifted to operations
- Identify additional funding sources
- Conduct a comparative study to identify opportunities for contracting in and out
- Review billing of staff time to capital projects
- Update/refine Joint Development targets, considering the relationship of jobs & housing
Where: VTA Board of Supervisors
When: Thursday, December 6, 2018 5:30 p.m. County Government Center 70 West Hedding Street San Jose, California
Link to agenda: http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_120618_packet2.pdf
Approve VTA Land Use and Development Review Policy
Board will consider approving a new Land Use & Development Review Policy to maximize VTA engagement in land use policy regionally. The policy formalizes VTA’s current best practices and provides a framework for VTA and local jurisdictions to work together in the future. Additionally, the policy clearly lays out VTA’s positions on the integration of land use and transportation and provides local jurisdictions with a guide regarding how VTA will provide comments on developments and plans within their jurisdictions. Ultimately, the policy will result in stronger partnerships with local jurisdictions and better integrated development projects that protect and enhance the transportation infrastructure that has been made throughout the county.
Where: VTA Board of Supervisors
When: Thursday, December 6, 2018 5:30 p.m. County Government Center 70 West Hedding Street San Jose, California
Link to agenda: http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_120618_packet2.pdf
Cupertino Unified School District
Discussing process/criteria for seating of new officers, filling Board vacancies, and recommendations for committee membership
During this election cycle three new Board Members were elected to office, and another will be resigning, as she was elected to serve on the Cupertino City Council. As such, the current Board and the newly entering Board Members will discuss together the various possibilities for Re-organization of the Board, to include potential committees Board representation, as well as what the process will be to fill the Board Vacancy.
Additionally, as an initial step in considering Board representation on District committees, the Executive Cabinet met and discussed the Board-adopted District Priorities for the 2018-19 School year and came up with the following recommendations for Board consideration:
Superintendent Committees
– Strategic Planning
– Budget Advisory – Subcommittee on Equitable Distribution of Resources
– Board Policy Revisions Advisory
Board Committees
– 2 X 2 X 2 (CUSD, Los Altos, Sunnyvale)
– Safe Routes (Cupertino and Sunnyvale)
– Bond and Parcel Tax
Other (No Board Representation)
– Bond Oversight
– Parcel Tax Oversight
Finally, the incoming Board Members will be asked to discuss how they wish to administer the Oath of Office.
In summary, all of the above will be addressed in the following order:
- Discussion of process/criteria for seating of new officers
- Preliminary discussion of how to fill Board vacancy
- Discussion and preliminary recommendations for committee membership
- Oath of Office discussion
Where: Cupertino Union School District
When: December 6, 2018/1:00 p.m./ Board Room 1309 S. Mary Avenue, Suite 150
Link to item: http://www.boarddocs.com/ca/cusdk8/Board.nsf/goto?open&id=B6YVEH7895AD’
Link to agenda: https://www.boarddocs.com/ca/cusdk8/Board.nsf/vpublic?open
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