Consider Minority Business Consortium proposal for $150K pilot to increase minority business participation in County contracting
On December 18, 2018 (Item No. 34), the Board unanimously approved a Report from Administration relating to a Pilot Project Expanding the County’s Underrepresented Business Communities Outreach Efforts. Subsequent to the Board’s approval of this item, staff has prepared a competitive solicitation for outreach services that was to be advertised under full and open competition this month.
However, the Minority Business Consortium has submitted an unsolicited proposal for assessment, strategic plan development, and implementation of disadvantaged, small and local business enterprise programs. This item would consider this proposal and would also (1) approve delegation of authority to the County Executive, or designee, to negotiate, execute, amend, or terminate a performance-based pilot Professional Services Agreement with Minority Business Consortium, and (2) approve a request for appropriation modification of $150,000 to fund the pilot program. If the Board of Supervisors votes not to approve this proposal, work would continue on the original competitive solicitation for outreach services originally approved by the Board.
Where: Santa Clara County Board of Supervisors
When: January 15, 2019, 9:30AM
Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9759&MediaPosition=&ID=94895&CssClass=
Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9759
Council committee and board and commission appointments; Liccardo creates new Monterey Corridor committee & adds housing emphasis to ad hoc dev committee
Council will be apprised of Mayor Liccardo’s appointments to standing committees and will appoint council members to external commissions, committees and boards.
Liccardo submitted a memo with two updates:
- Re-casting the Ad Hoc Development Services Committee as the Ad Hoc Housing Construction and Development Services Committee. While all development services will continue to remain within the committee’s purview, there will be particular emphasis given to housing starts, and whatever polices or management practices need attention to substantially boost housing production to meet our goals. Liccardo recommends Councilmember Magdalena Carrasco to chair this committee.
- Creating a “Monterey Corridor Working Group” led by Councilmembers Maya Esparza and Sergio Jimenez. This working group will focus on many pending issues relevant to communities along Monterey Road, including High Speed Rail alignment, the impacts of additional CalTrain service, land use changes (i.e., through the General Plan’s 4- year review) that might enable greater densification and redevelopment in the corridor, the redevelopment of the County Fairgrounds, and homelessness. The working group will fashion a 2-year workplan with City staff, which should include submission of a proposed project providing enhanced transit service—such as autonomous bus-rapid-transit—for inclusion in the VTA’s 2045 Valley Transportation Plan.
Standing committee assignments are as follows:
- Rules and Open Government: Chair Liccardo, Vice Chair Jones; Arenas, Khamis, Davis
- Public Safety, Finance, & Strategy Support: Chair Peralez, Vice Chair Jimenez; Carrasco, Jones, Arenas
- Transportation & Environment: Chair Davis, Vice Chair Peralez; Esparza, Diep, Arenas
- Community & Economic Development: Chair Khamis, Vice Chair Foley; Diep, Peralez, Esparza
- Neighborhood Services & Education: Chair Arenas, Vice Chair Carrasco; Esparza, Foley, Jimenez
- Smart City and Innovation: Chair Diep, Vice Chair Jones; Davis, Liccardo, Jimenez
- Ad-Hoc Committee for Housing Construction & Development Services: Chair Carrasco, Vice Chair Esparza; Davis, Peralez, Foley
Where: San Jose City Council
When: Thursday, January 15, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3831184&GUID=00ACE04A-6964-4751-8C0E-1DD12FF32C8B&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=670410&GUID=D9EC2549-05D1-4AC3-A64A-580161BE63D4&Options=info&Search=
Appointing Jones as Vice Mayor
Liccardo recommends council appoint Chappie Jones as Vice Mayor.
Where: San Jose City Council
When: Thursday, January 15, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3786918&GUID=470C66BE-0B20-436B-828C-58E3733131E1&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=670410&GUID=D9EC2549-05D1-4AC3-A64A-580161BE63D4&Options=info&Search=
MEMOs re residential solid waste franchise: Staff recommend ending contract with CWS, while Councilmembers Khamis, Jimenez, Arenas and Nguyen call for negotiations
In the matter of developing Recycle Plus agreements for residential solid waste services, staff have recommended ending negotiations with California Waste Solutions, while Councilmembers Khamis, Jimenez, Arenas, and Nguyen have all submitted memos calling for continued negotiations.
The staff supplemental memo recommends pursuing competitive procurement and not extending the current recycling contract with CWS for 2012-2036, servicing 77% of single-family homes in San Jose. According to staff, this is because CWS has requested an estimated compensation increase of 59.5% to 69.6% has failed to achieve the existing contract standards in the last six years and has generated significant customer dissatisfaction. If the CWS proposal was accepted, it would result in a higher cost per household, lower customer satisfaction, and lower performance for the residents in Districts A and C. CWS proposed their price increases without adequately addressing concerns about poor performance, including failure to hit recycling targets, high rates of non-collection notices (which contractors issue when they refuse to collect for what they deem as improperly sorted recyclables) and poor customer service. Compared to other contractors’ pricing, CWS’ proposal was outside industry standards, too expensive, and would not add enough value to justify the higher rate.
The memo from Khamis and Jimenez recommends that council continue good faith negotiations with CWS for two weeks in a final attempt to come to an agreement with CWS that resolves past performance issues and is comparable in rates to other recyclers. The CMs point out that CWS is a family-owned company and is one of the largest minority-owned companies, if not the largest, doing business with the City of San Jose. They recognize that there are legitimate customer service concerns and expect CWS to work with the City to improve customer service including its responsiveness to resident concerns. They acknowledge that the negotiation process has been challenging with legitimate concerns from both staff and CWS.
CM Arenas’ memo recommends two alternatives: either council direct staff to continue negotiations with California Waste Solutions for 30 days OR accept the staff recommendation and:
- Include in the RFP language that the labor peace and employee retention provisions of the City’s Living Wage Policy will apply.
- Include in RFP language that would add points based on whether proposals sustain or improve upon the current wages and benefits paid to the employee by the predecessor contractor. Points should be sufficient to support a level playing field for companies that pay living wage versus any “modified” living wage to their workers.
- Release an info memo regarding final RFP details to Council in advance of the release of the RFP.
Where: San Jose City Council
When: Thursday, January 15, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3786939&GUID=350F95A0-1A33-41D6-8657-288600F1576D&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=670410&GUID=D9EC2549-05D1-4AC3-A64A-580161BE63D4&Options=info&Search=
MEMO re Recycle Plus agreements: Khamis and Jimenez memo calls for study of China import rules’ impact and waste characterization
Councilmembers Khamis and Jimenez submitted a memo regarding the matter of authorizing the City Manager to waive contractor disincentives for not meeting required diversion rates for 2018 by March 1, 2019 if this is due to China’s policy on the import of recyclable materials.
Khamis and Jimenez recommend that council:
- Direct Staff to provide assessment of the potential impact of changes to China’s import rules and/or tariffs on any current recycled materials in the San Jose recycling program and assessment of whether altered contract terms, both in current residential waste contracts and in future contracts, are needed to ensure that contractors are not unfairly penalized for market developments beyond their control.
- Direct staff to conduct a new, independent waste characterization study as requested by at least one recycling hauler and explore feasibility of cost-sharing with haulers.
- Direct staff to explore the possibility of eliminating the diversion penalty until a waste characterization study has been completed and its results have been evaluated within the context of the market considerations and in consultation with recycling haulers.
Where: San Jose City Council
When: Thursday, January 15, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3786940&GUID=6086CAC9-64EB-462B-BDA3-8E7558A9C1EA&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=670410&GUID=D9EC2549-05D1-4AC3-A64A-580161BE63D4&Options=info&Search=
Diep and Davis oppose modified living wage for Recycle Plus contracts; Peralez and Jimenez support it
Staff have recommended implementing the city’s living wage policy through a Modified Living Wage requirement for customer service representatives, mechanics and facility workers in future residential garbage and recycling agreements for the Recycle Plus program. CMs Diep and Davis submitted a memo opposing, while CMs Peralez and Jimenez support the modified living wage.
The memo from Diep and Davis recommends that council decline to direct Staff to negotiate the inclusion of a modified living wage requirement in future residential garbage and recycling agreements for the Recycle Plus program. The basis of their argument is that San Jose’s Living Wage Policy applies to workers who spend at least 50% of their time working for the city; because recyclable material is brought from various cities and comingled before being sorted and recycled, it is difficult to precisely measure how much time an individual employee spends in service of San Jose. They cite staff’s estimates that on average, a sorter at the Green Waste MRF spends 45.71% of his or her time in service of San Jose. They call the modified living wage an “arbitrary carve-out” that would benefit 200 workers at a cost of $3 million to rate payers.
The memo from Peralez and Jimenez recommends council accept the staff recommendation, simply stating that the cost of living is extreme around the Bay Area and minimum wage is not a sufficient salary for those who are ensuring the sustainability of the city.
Where: San Jose City Council
When: Thursday, January 15, 2019, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3786941&GUID=44DDB262-765E-4F45-A337-2B99B6E9351E&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=670410&GUID=D9EC2549-05D1-4AC3-A64A-580161BE63D4&Options=info&Search=
City of Sunnyvale
Opportunity for public comment on 37 possible study issues including responsible construction ordinance, tenant protection policy, business license/head tax and teacher workforce housing
The public will have the chance to comment on 37 issues proposed for further study or budget review. Study issues are issues which could result in a revision or addition to City policy, while budget issues are ones which can result in change to a provision of City services. These issues are proposed year-round by City staff, the City Manager, boards and commission, City Council, and the public.
A few issue areas that stand out are:
- A responsible construction ordinance
- Two topics related to regulation of motorized scooters and other personal transport vehicles
- A policy to address impacts of Mobile Home Park rent increases, conversions, and closures
- Incentivizing the construction of Accessory Dwelling Units by reducing development standards
- Requiring the installation of solar energy systems on new buildings, plus a separate study issue to examine potential requirements to reduce GHGs from new developments
- Evaluation of the Right-To-Lease Ordinance, also known as a minimum term lease ordinance, which would ban month-to-month leases to promote greater stability for renters
- Exploring policies to preserve industrially zoned land and/or buildings conducive to light industrial uses
- Promoting Workforce Housing Opportunities for City Employees and Sunnyvale School Teachers
- Evaluating options for revisions to the Sunnyvale Business License Tax, including a potential head tax (would require a ballot measure)
- Several environmental topic areas on renewable energy usage, waste reduction
- Several topic areas promoting bicycle usage and pedestrian transit
At the annual Study and Budget Issues Workshop in March, Council will rank these issues.
Where: Sunnyvale City Council
When: January 15, 2019, 5:45pm
Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=3829921&GUID=8723543A-CDDC-4F5C-9DF9-2BC1F6541199
Link to agenda: https://sunnyvaleca.legistar.com/Calendar.aspx
Recruiting for vacancy on Planning Commission following member’s election to City Council
Longtime Planning Commission member Raj Chahal was recently elected to Santa Clara City Council and resigned from the commission in December 2018 after six years of service.
City staff recommends that Council declare a partial term vacancy ending June 30,
2022; set February 22, 2019 at 5:00 P.M. as the deadline to receive applications in the City Clerk’s Office, and set March 5, 2019 at 6:00 P.M. for the Planning Commission Vacancy Interviews.
Where: Santa Clara City Council
When: January 15, 2019, 7pm
Link to item: http://santaclara.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3009
Link to agenda: https://santaclara.legistar.com/View.ashx?M=A&ID=653897&GUID=1E214390-ED68-49B9-BAF6-BB6825EECF85
Approving $22M/yr contract with GreenWaste for waste and recycling services
Staff recommends that council approve an amended agreement with GreenWaste of Palo Alto, Inc. that would facilitate the implementation of new zero waste initiatives, replace older waste collection vehicles and extend the agreement from 2021 to 2026.
In addition, staff recommend that council approve the Addendum to the 2008 Mitigated Negative Declaration (MND) for City-wide Waste Hauling Service. The MND was adopted along with GreenWaste’s contract in 2009. Since then, the City has now prepared the 2018 Zero Waste Plan which contains new and revised provisions designed to meet the goals adopted by council in 2005 and new goals adopted in 2016 as part of the City’s Sustainability/Climate Action Plan. Specifically, the Council adopted a goal of 95 percent diversion of materials from landfills by 2030, and an 80 percent reduction of greenhouse gases emission by the same year. The addendum addresses the implementation of eight of the short-term initiatives and the contract amendment for GreenWaste for expansion of current collection and processing activities in order to support some of these initiatives.
The new scope of services in this amended and restated agreement would have an ongoing annual cost of approximately $1.4 million per year and one-time costs for new vehicles of $9.8 million over three fiscal years. Ongoing near term costs will be offset by excess Refuse Fund revenues (above expenses) and the one-time costs can be funded by the rate stabilization reserves (RSR). The RSR has risen above City Guidelines and the $9.8 million vehicle purchase will reduce the RSR closer to the guideline range. No rate increases for FY 2020 are anticipated.
Where: Palo Alto City Council
When: Tuesday, January 22, 2019, 5pm
Link to item: https://www.cityofpaloalto.org/civicax/filebank/documents/68453
Link to agenda: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=42969.8&BlobID=68438
Discussing potential regulation for short-term rentals
Council will receive a report for discussion and direction on possible regulation of residential short-term rentals. No policy action is recommended at this time, but several options are presented:
- The City may allow STRs, but limit their use. STRs are currently a prohibited use in every residential zone, but the City may amend the zoning code to make STRs an allowed or conditionally allowed use, in which case the City’s current business-license and transient-occupancy tax regulations would apply. Every STR operator would have to obtain a business license and collect and remit TOT unless the City were to amend its code to remove those requirements. Also, if the City were to make STRs an allowed use, it may choose to impose new transitory lodging- specific licensing and permitting requirements, good-neighbor rules, and use restrictions and provide additional enforcement tools. If City Council chooses this option, consider directing the City Manager to negotiate and execute a Voluntary Collection Agreement with Airbnb for collection of the City’s transient-occupancy tax on behalf of Airbnb hosts who rent their residences to others using the Airbnb lodging platform.
- Alternatively, the City may prohibit all transitory lodgings.
- The last option is to exempt STRs from all local regulation except the City’s existing business license requirements.
The City’s zoning code currently defines STRs as hotels. STRs are currently prohibited from operating in all five of the City’s residential zoning districts, but may operate, via conditional use or by-right, in all three mixed-use zoning districts, and are conditionally allowed in three out of the five commercial zoning districts and in all three industrial zoning districts. The City’s current code also requires STRs to obtain a business license and regulates STRs by requiring the operators to collect and remit transient occupancy tax (TOT). To proactively enforce the current code requirements for STRs or to move forward with a new regulatory program could require additional staff effort, primarily because STR services do not
provide basic information like an operator’s full name, exact address, or occupancy rates for their listings.
There were approximately 341 STRs available within Milpitas as of November 2018. Of the 341 STRs available within Milpitas, roughly 235 STRs (69 percent) are single-family, 85 STRs (25 percent) are multi family, and 21 STRs (6 percent) are unknown property types. Furthermore, of the 341 STRs available about 197 STRs (58 percent) are considered a partial home rental while 126 STRs (37 percent)
are listed as an entire home. Moreover, of the 341 STRs available within Milpitas, roughly 220 STRs (64.5 percent) are listed with Airbnb as of July 2018, according to Airbnb officials. With the majority of STR operators in Milpitas utilizing Airbnb, City staff engaged Airbnb regarding entering into a voluntary tax collection agreement with the City that would result in Airbnb collecting TOT on behalf of its users and remitting the revenue directly to the City. Over 45 California municipalities have executed a tax collection agreement with Airbnb, including the cities of Cupertino, Morgan Hill, Palo Alto, San Jose, Santa Clara, and Sunnyvale.
With City Council direction, staff will begin contract negotiations with Airbnb for the collection and remittance of the City’s TOT. Staff would also return at a later date with an agreement for review and approval by the Council. Staff estimates that the City will generate an additional $237,000 in TOT revenue annually by executing a voluntary tax collection agreement with Airbnb. This estimate is based on activity from July 2018 showing 220 active rentals in Milpitas and annual host earnings totaling $7,700. The funds from the tax would be deposited into the City’s TOT account in the General Fund.
Where: Milpitas City Council
When: Tuesday, January 15, 2019, 7pm
Link to agenda packet: http://www.ci.milpitas.ca.gov/our-government/city-council/council-agendas-minutes/
Alum Rock Union School District
Trustee Karen Martinez to resign, discuss process of filling vacancy
Karen Martinez submitted a letter of resignation, effective December 15, 2018. The Board will discuss the process for filling the vacancy created by this resignation, including deadlines for applying, date for candidate interviews, and action to appoint from candidates.
Where: Alum Rock Union School District
When: Thursday 5:30pm, 2930 Gay Ave, San Jose, CA 95127; Board Room
Link to item: https://www.arusd.org/cms/lib/CA01001158/Centricity/Domain/11/1.17.19BoardBook.pdf
Link to agenda: https://www.arusd.org/cms/lib/CA01001158/Centricity/Domain/11/1.17.19Agenda.pdf
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