Public hearing to consider approval of purchase of Saint Louise Regional Hospital
On November 6, 2018, the Board approved the acquisition of Saint Louise Regional Hospital, currently owned by Verity Health System of California—a nonprofit public benefit corporation that has declared bankruptcy. Adhering to standard due diligence and public notification procedures for a purchase of this size and type, the Board of Supervisors adopted a Resolution of Intention to Purchase Real Property of Saint Louise regional Hospital, and authorized the Clerk of the Board to set Tuesday, December 18, 2018 at no earlier than 10:00 a.m. as the date and time to consider acquisition of the real property.
This item is a public hearing to consider final approval of the purchase of Saint Louise Regional Hospital. If passed, the resolution delegates authority to the County Executive, after consultation with the County Counsel and upon receiving approval as to form and legality from the County Counsel, to negotiate, enter into and sign all other agreements and documents necessary or required for the consummation of the purchase, including but not limited to a Certificate of Acceptance. This authority shall expire July 31, 2019.
Where: Santa Clara County Board of Supervisors
When: December 18, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9968&MediaPosition=&ID=94537&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9968
Chavez referral requesting County Counsel to determine whether SCC can access statewide childcare database to conduct oversight of 4Cs
The Community Child Care Council of Santa Clara County (4Cs) is a non-profit, community-based agency that serves as a community child care link for families and child care professionals who live and work in Santa Clara County. Currently, the California Department of Education (CDE) has designated the 4Cs as the child care resource and referral (R&R) service provider for Santa Clara County (SCC). The designated, local R&R agency is the only agency to receive information of newly licensed and closed child care providers from the Child Care Licensing Division as well as critical information on providers whose license is classified as Inactive Status, Licensed Revoked, on Probation or under Temporary Suspension Order. As the CDE designated Child Care R&R service provider for SCC, the 4Cs is the only agency to receive information crucial to provide effective services.
Presently, the 4Cs has been facing accusations relating to misspending, fraud and delay in paying child care providers. The County is limited in its ability to provide R&R services because the 4Cs, and only the 4Cs, has access to the comprehensive database of licensed child care providers, including centers and licensed family child care homes, in the County. This database is critical to better provide R&R services to parents in need of local child care providers.
This referral requests that County Counsel address whether the County can have access to this database in order to ensure the provision of highest child care R&R services to our CalWORKS clients.
Where: Santa Clara County Board of Supervisors
When: December 18, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9968&MediaPosition=&ID=94227&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9968
Chavez referral requesting Administration provide options for County to directly provide Resource & Referral services for child care
Currently, in Santa Clara County, there is a single California Department of Education certified provider that serves as a community child care link for families and child care professionals who live and work in Santa Clara County. The Community Child Care Council of Santa Clara County (4Cs) is a non-profit, community-based agency that has been providing this service since 1972.
In April 2018, the California State Auditor completed an audit of 4Cs. The audit concluded that the 4Cs unfairly disrupted services to families, misused state funds, and engaged in questionable management of its employee retirement plans. These allegations have raised significant concerns at the state and local level regarding 4Cs’ ability to provide effective services to the CalWORKS clients.
This referral requests that the Administration bring back a set of programmatic recommendations with staffing and resource needs that will allow the County to directly provide R&R services to its own clients. Recommendations should include, but not be limited to the following:
- Alternatives to the 4Cs managed database either by creating a County owned and managed database or contracting with the CDE for access;
- The staffing resources necessary to operationalize a County based R&R program to serve County clients;
- The feasibility of employing 4Cs staff currently based out of the Senter Road CalWORKS office to prevent service disruption and operationalize County based services; and,
- A proposed timeline of implementation for the County to directly provide R&R services to its own clients.
Where: Santa Clara County Board of Supervisors
When: December 18, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9968&MediaPosition=&ID=94383&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9968
Approve $482M operating budgets for newly purchased Saint Louise Regional Hospital, O’Connor Hospital, and DePaul Health Center
On November 6, 2018, the Board approved the purchase of Saint Louise Regional Hospital, O’Connor Hospital, and DePaul Health Center, currently owned by Verity Health System of California—a nonprofit public benefit corporation that has declared bankruptcy. Once the purchases are completed, operations at the acquired hospitals will fall under the Santa Clara Valley Medical Center. Santa Clara Valley Medical Center’s current approved budget does not take into account revenues or expenses at these newly acquired hospitals.
This item recommends approval for an Appropriation Modification to increase revenue and expenditures in the Santa Clara Valley Medical Center budget in order to establish a base operating budget for the purchased hospitals to continue operations.
Total expenses and revenue proposed for FY2018-19 (Mar-Jun) is $120,813,954.
Total expenses and revenue estimate for FY2019-20 is $362,522,538.
For a detailed breakdown of these budgets, please refer to the agenda item (linked below).
Where: Santa Clara County Board of Supervisors
When: December 18, 2018, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9968&MediaPosition=&ID=94584&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9968
Approving Measure A funding totaling $123M for nine affordable housing developments
The Board will receive report on the implementation of the 2016 Measure A Affordable Housing Bond and the third cohort of multifamily rental developments, and may approve a request to appropriate $102 million for nine supportive housing and affordable developments.
The Board will consider financial support for nine supportive and affordable developments in an amount not to exceed $123,150,000. The County’s loans would be funded by the Housing Bond. However, the County may use other funding sources (e.g., Community Development Block Grant) if they become available and would better meet the needs of the projects and the County.
Up to $94,000,000 would be used to support six new construction projects and up to $29,150,000 would be used to support three acquisition and rehabilitation projects. The six new construction projects would result in 620 new apartments. Of these 620 new apartments:
- 202 will be used as permanent supportive housing (PSH) to help individuals and families with special needs to obtain and maintain permanent housing;
- 54 will be used as rapid rehousing (RRH) to help homeless individuals and families transition in place;
- 110 apartments will be affordable to extremely low income (ELI) households;
- 120 apartments will be affordable to very-low income (VLI) households;
- 125 apartments will be affordable to low-income (LI) households, those who are earning between 51% and 80% of the area median income (AMI); and
- Nine apartments will be for resident managers
The three acquisition and rehabilitation projects will have a total of 484 apartments. The County’s investment would contribute to the preservation and improvement of these 484 affordable apartment along with deepening the affordability or increase vulnerable populations’ access to 201 of the apartments:
- 130 apartments will be used as PSH to help individuals and families with special needsto obtain and maintain permanent housing; and
- 71 apartments will be used as RRH to help homeless individuals and families transition in place.
If the Board approves all nine developments, the County’s commitment will be greater than the proceeds from the first bond issuance. At this stage, however, the County is only committing an up-to capital funding amount for each development, with actual expenditures taking place over a three- to five-year period. The Administration does not anticipate spending more than $250,000,000 from the first bond issuance before November 1, 2020, which is around the same time the Administration intends to conduct the second bond issuance of $300,000,000.
One and a half years into the 10-year plan, staff report that implementation of the housing bond is ahead of schedule. Including the nine new housing developments and previous housing bond-funded developments, the county would reach nearly 30% of its housing production goal. If the nine developments are approved, the Board will have committed up to $234M (or nearly 30%) of the $800M in housing bond funds that are dedicated to ELI and VLI housing.
Where: Santa Clara County Board of Supervisors
When: Tues, December 18, 2018, 9:30am
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9968&MediaPosition=&ID=94144&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9968
City of San Jose
DEFERRED TO 1/15/19 – 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.
[Deferred from Dec 4, 2018 – Item 7.1]
Where: San Jose City Council
When: December 18, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770325&GUID=E29F5D32-9B16-42F9-815A-7CCEBB68F4CF
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610828&GUID=43FBEECC-4CD5-4B85-8A69-A0E2FBCFFF0E
DEFERRED TO 1/15/19 – 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 if by March 1, 2019 he determines that meeting landfill diversion requirements in unfeasible in light of the new policy.
[Deferred from Dec 4, 2018 – Item 7.2]
Where: San Jose City Council
When: December 18, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770326&GUID=13883532-CA20-430D-B316-A5EE1D0EFA61
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610828&GUID=43FBEECC-4CD5-4B85-8A69-A0E2FBCFFF0E
DEFERRED TO 1/15/19 – 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.
[Deferred from Dec 4, 2018 – Item 7.3]
Where: San Jose City Council
When: December 18, 2018, 1:30PM
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3770327&GUID=2BA265D4-852E-4E76-890C-A19D9F5B5747
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610828&GUID=43FBEECC-4CD5-4B85-8A69-A0E2FBCFFF0E
City of Sunnyvale
Initiating single-source process with BCWS for solid waste franchise in 2021
Staff recommend that council accept findings from the performance review of the city’s solid waste and recycling contractor, Bay Counties Waste Services, and authorize staff to initiate the selection of a post-2021 franchisee using a single-source process that allows for an open, competitive process if negotiations are not favorable.
Solid waste and recycling collection services are provided to residents and businesses by a contractor, currently Bay Counties Waste Services (BCWS), through the grant of an exclusive franchise by the City Council. A franchise for solid waste and recycling services cannot exceed 30 years, and the term of the current contract will expire on June 30, 2021.
According to the performance review, BCWS has provided quality collection service for nearly 30 years. The relationship requires BCWS and City staff to work closely together, but this has been an ongoing challenge for both parties. Going forward, the review recommends that staff should meet no less than monthly or even weekly to anticipate problems and air concerns. Both parties should gain a fuller understanding of key shared data systems and, to the degree possible, ensure consistency in how they are used. This may involve working with information technology staff to ensure software systems and data can be utilized to their full capability.
The services provided by the franchisee touch the lives of each resident and business of Sunnyvale at least once a week. Given that fact, switching service providers is a complex and disruptive process, no matter how carefully it is done. Thus, the decision to go directly to a competitive procurement is best justified if the City and its customers are dissatisfied with the incumbent service provider. The independent performance review concluded that the current franchisee is reasonably well managed and delivers collection services that are relatively reliable and cost-effective. Given that, staff recommends initiating a negotiated, single-source process with BCWS with the intent to provide Council the option of approving a new exclusive franchise term and updated franchise agreement.
Where: Sunnyvale City Council
When: Tuesday, December 18, 4:30pm
Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=3781310&GUID=B668AB87-2BB4-42AB-81BA-20D4A32ABB84&Options=&Search=
Link to agenda: https://sunnyvaleca.legistar.com/MeetingDetail.aspx?ID=573882&GUID=ACD54B95-6398-4C1D-B52B-77577A791B0C&Options=info&Search=
Rejecting participation in RHNA Subregion
Staff recommend that the Sunnyvale not participate in the Santa Clara County subregion, and continue to receive the Regional Housing Needs Allocation directly from Association of Bay Area Governments for future Housing Element cycles.
According to staff, it’s important for Sunnyvale to continue to provide a variety of housing options at a variety of affordability levels, expressed by several goals in the Housing Element. Factors involved in the formation of a RHNA subregion can be extremely complicated; and while County wide collaboration and a regional viewpoint on certain topics are supported by the City, staff does not find a subregion to be the best approach for Sunnyvale, potentially diverting attention from other ongoing efforts such as the Housing Strategy and update of area land-use plans.
In the last Housing Element planning cycle, Sunnyvale issued building permits for approximately 80% of its total below market rate RHNA, and over 100% of its total market rate housing RHNA.
According to staff, some of the positives of a RHNA Subregion, such as sharing information and techniques, are possible without the formation of a subregion. City managers, planning officials and housing officials already meet regularly to share information and discuss items of mutual interest; each agency could expand these efforts to assure that elected officials are kept informed of discussion topics.
Where: Sunnyvale City Council
When: Tuesday, December 18, 4:30pm
Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=3781322&GUID=06AB0D59-99D5-4061-AAFA-FF19A9ACD5E8&Options=&Search=
Link to agenda: https://sunnyvaleca.legistar.com/MeetingDetail.aspx?ID=573882&GUID=ACD54B95-6398-4C1D-B52B-77577A791B0C&Options=info&Search=
Certifying 4 referendum petitions against the Vallco development
Council will receive the certification of results qualifying four referendum petitions that were filed against city ordinances the Vallco Town Center development. Council will direct staff to bring back options for its next meeting, which may include repealing those resolutions and ordinances or submitting them as ballot measures in the next regular municipal or special election.
The policies are:
- Resolution No. 18-085: A Resolution of the City Council of the City Of Cupertino Approving a General Plan Amendment to Development Allocations, the General Plan Land Use Map and Development Standards Related to the Vallco Town Center Special Area
- Resolution No. 18-086: A Resolution of the City Council of the City of Cupertino Adopting the Vallco Town Center Specific Plan
- Ordinance No. 18-2178: An Ordinance of the City Council of the City of Cupertino Rezoning the Parcels within the Vallco Special Area
- Ordinance No. 18-2179: Ordinance of the City Council of the City of Cupertino Approving a Development Agreement by and Between the City of Cupertino and Vallco Property Owner LLC for the Development of Vallco Town Center
On December 6, 2018, the City Clerk received a letter from the Nielsen Merksamer law firm writing on behalf of Vallco Property Owner, LLC. The Nielsen letter contends that the referendum protesting the City’s adoption of Resolution No. 18-085—regarding the General Plan Amendment for the Vallco Project—fails to provide the full text of that GPA. The Nielsen letter contends that this makes the referendum procedurally defective and that the City has a mandatory duty to reject the petition and not process it any further. The City has asked the attorney for the referendum proponents to respond to this letter. The City Attorney’s office is in the process of evaluating the claims in the Nielsen letter and will advise the City Clerk and the City Council regarding the results of that evaluation prior to the Council’s next regularly scheduled meeting.
Where: Cupertino City Council
When: Tuesday, December 18, 2018, 6:45pm
Link to item: https://cupertino.legistar.com/LegislationDetail.aspx?ID=3778475&GUID=41C98C12-D5F4-4E65-810A-E03B3F09942F&Options=&Search=
Link to agenda: https://cupertino.legistar.com/MeetingDetail.aspx?ID=574578&GUID=CFC4E7AB-79FB-4D8E-8805-C5A9C35177DA&Options=&Search=
Alum Rock Union Elementary School District
Terminate contract with Del Terra Real Estate Services
The Board may terminate the contract between Alum Rock Elementary School District and Del Terra Real Estate Services. No memo provided.
Where: ARUESD
When: Thursday, December 13, 2018, 5:30pm, Alum Rock Union Elementary School District, 2930 Gay Avenue, San Jose, CA 95127; Board Room.
Link to packet: https://www.arusd.org/cms/lib/CA01001158/Centricity/Domain/11/12.13.18BoardBook.pdf
Link to agenda: https://www.arusd.org/cms/lib/CA01001158/Centricity/Domain/11/12.13.18Agenda.pdf
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