SAN IPSE CAPITAL OF SILICON VALLEY

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1 CITY OF ^3 SAN IPSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL COUNCIL AGENDA: 6/23/15 ITEM: Memorandum FROM: David Sykes SUBJECT: COUNCIL PRIORITY DATE: June 11, 2015 SETTING SESSION RECOMMENDATION (a) Approve new items for the Council Priority list. (b) Rank items on Council Priority list. OUTCOME A new, rank-ordered Council Priority list will be established. BACKGROUND On May 12, 2015, Council approved a new Priority Setting process. This action included setting the date for the priority-setting session on June 16, Subsequently, the Rules Committee deferred the item to the June 23, 2015 Council meeting. The Rules Committee also specified that for this June 23 rd session, ideas nominated for consideration as priorities should be submitted to the City Clerk's Office by close of business, Tuesday, June 9 th. As part of the May 12 th action, the Council approved two groups of items to be included on the Council Priority List: (1) Active Priorities, as set at the September 2014 Priority Setting Session, and (2) Recently Added Priorities, that had been vetted by Council in the interim. In total, 18 items were approved. Three items on this list have been completed and as such are being removed from the voting exercise and includes: Butt Out of Our Bars, Immigrant Affairs, and Clean Air Resolution. That leaves 15 items on the current Council Priority List, as noted on Attachment A. Additionally, 22 ideas were nominated by Councilmembers for consideration to be included on the Council Priority list and part of the ranking process by the June 9 th deadline (see Attachment B - Nominated Ideas). Two memos were submitted on both Wage Theft Part B and Illegal Fireworks. With the consent of the individual Council offices, these are presented as single ideas

2 HONORABLE MAYOR AND CITY COUNCIL June 11,2015 Subject: Council Priority Setting Session Page 2 so that votes are not bifurcated, and is indicated on Attachment B. This leaves a total of 20 ideas for Council consideration. ANALYSIS N/3 METHODOLOGY Staff research indicates that a common rule for ranking items is to divide the number of items in the list by 3 (n/3) to determine the number of votes available for each individual. This maximizes the variation of items selected and helps minimize the number of tie votes. As such, this methodology is proposed throughout the Priority Setting process. JUNE 23 RD MEETING ACTIVITIES STEP 1 - Nominated Ideas Voting: Based on the Council approved process, the first step at the June 23 rd Council meeting is to vote on the list of Nominated Ideas (Attachment B) to determine if they should move on to the Council Priority list. Council members will be given n/3 as many votes as there are Nominated Ideas. Councilmembers may elect to use some or all of their allocated votes on any given item. All ideas getting 5 or more favorable votes will move on to the ranking process. Given that 21 ideas have been nominated, each Councilmember will be given 7 votes (20 items / 3). With 77 total votes available a maximum of 15 items (77 votes / 5 minimum votes) could potentially move on to the ranking process described below. STEP 2 - Ranking Process: The 15 remaining items on the current Council Priority list plus any new items identified in Step 1, will go through a forced ranking process. Councilmembers will be given n/3 as many votes as the total number of ideas on the Council Priority list. For instance, if 6 of the Nominated Ideas are added to the Priority list for a total of 21 items, then each Council member would get 7 votes. Councilmembers may elect to use some or all of their allocated votes on any given item. The results will be ranked with those getting the most votes to be considered higher priorities. STEP 3 - Implementation and Next Steps: Staff will begin work on higher ranked priority items, though progress will be tracked on all items. The rankings will help staff focus on the most important items. Practically speaking, those items with a higher ranking will see more progress than those with a lower ranking.

3 HONORABLE MAYOR AND CITY COUNCIL June 11,2015 Subject: Council Priority Setting Session Page 3 EVALUATION AND FOLLOW-UP In fall 2015, staff will return to Council to solicit any new proposals for policy work, and institute a new voting exercise in early EARL Y CONSIDERA TION PROCESS As a reminder, an Early Consideration Process has been created to allow for vetting of new policy ideas at any regular Rules meeting by a Council member submitting a memo to the Rules Committee. Staff will attend the meeting and present a recommendation on whether an item needs to go through the Semiannual Council Priority Setting Process ("Yellow Light"), can be added to existing Department Workplans ("Green Light"), or is not feasible for some reason ("Red Light"). The Rules Committee will then take action on the Staff recommendation. If the item is referred to the Council Priority Setting process, it will be added to the list for consideration at the next Semiannual Council Priority Setting Session. This process commences with the beginning of the new fiscal year on July 1. Please see Attachment C for a visual representation of this process. PUBLIC OUTREACH This memorandum will be posted on the City's Council Agenda Website for the June 23, 2015, Council Meeting. COORDINATION This memo was coordinated with the City Attorney's Office. CEOA Not a Project, File No. PP10-069(a), Staff Reports.. /s/ DAVID SYKES Assistant City Manager For questions please contact Teri Killgore, Assistant to the City Manager, at Attachments Attachment A - Current Council Priority list Attachment B - Nominated Ideas list Attachment C - Early Consideration Process

4 Attachment A - Current Council Priority List (as of Council Direction) NOTE: This list plus any new items (aka Nominated Ideas with at least 5 favorable votes) will be ranked at the Council meeting. Each Councilmember will receive n/3 votes and may distribute them as they see fit. A B Active Priorities (as set by Council 9/9/14) Lead Department Support Departments Off-Sale of Alcohol at Grocery Stores Streamlining Planning, Building and Code Modify Code provisions to streamline the permit process for Enforcement/City Attorney sale of alcohol at grocery stores. Zoning Ordinance Quarterly Modifications (Recurring) PBCE/Attorney Minor revisions to Zoning Ordinance that do not require major analysis, raise community concerns or cannot be found exempt from CEQA. This is a reoccurring placeholder that facilitates economic development, permit streamlining, and General Plan implementation. C Real Estate Transactions Streamlining (Phase 3) Review of the leasing program for both properties where the City is Landlord and where the City is Tenant. D Development Agreement Policy Provide more specific guidance for the use of Development Agreements, specifically for developments receiving City incentives and as a financing tool for urban villages E F G Food and Clothing Distribution at City Parks Review and update the Municipal Code policy regarding the distribution of food and clothing at City Parks. Downtown Parks Maintenance District and High-Rise Incentive Program To extend the current park fee incentive program for downtown high-rise projects currently under construction and to investigate the establishment of a new incentive that includes the creation of a downtown parks maintenance district. Mobile Home Conversions Review and potentially amend the Mobile Home Conversion Ordinance to address the protection of health, safety and welfare of mobile home park residents, including any needed General Plan amendments. Office of Economic Development/Attorney PBCE/Attorney, OED Parks, Recreation, Neighborhood Services Attorney/OED/Police PRNS Attorney/PBCE/Public Works PBCE/Attorney/ Housing

5 Attachment A - Current Council Priority List continued H I J K L M N Recently Added Priorities Department Disadvantaged Business Enterprises Explore expanding existing DBE program beyond Airport to other City departments and contracts. Peddler Permits Enforcement/Outdoor Mobile Vendor Policy Suspend enforcement of peddler permit requirements until Council amends the existing ordinances. Surplus Land Sale Bring City codes into conformance with new state law. Riparian Corridor & Bird-Safe Buildings Update zoning code provisions with respect to riparian setbacks and development of bird-safe buildings. Wage Theft, Parts A&C A) Revise contract and RFP requirements to protect the City from contracting services from businesses with unpaid wage theft judgments. C) Provide any other readily available information on the issue of wage theft. North San Jose Policy Review Review of North San Jose development policies, fees, and development capacity allocations. Graywater Systems Consider changes to the permitting process allowing residents to install gray water systems in the most timely and inexpensive manner currently available. 0 Commercial Impact Fee for Affordable Housing Research the potential of a non-residential development fee as an additional source of revenue for affordable housing development. Public Works City Manager/PBCE Attorney/OED/Housing PBCE Public Works PBCE/OED PBCE Housing Completed - No Vote Neec ed Department Butt Out of Our Bars - Ordinance City Attorney Immigrant Affairs - Office established CMO Clean Air Resolution - Resolution City Attorney

6 Attachment B - Nominated Items List includes all ideas nominated by the June 9 th Deadline Each Councilmember will get 7 votes (n/3) that can be distributed however they see fit. Those getting at least 5 favorable votes will be moved to the Council Priority list and included in the Ranking Process. New Items for Consideration Nominated By l Update the City's Rental Rights and Referrals Program. Explore a just cause evictions ordinance and modifications to the City's rent control ordinance Housing Note: Presumes referral to Priority Setting Session by City Council Agenda on June Ordinance prohibiting income source discrimination Explore the creation of an ordinance that prohibits discrimination based on income. Housing Note: Presumes referral to Priority Setting Session by City Council Agenda on June Wage Theft, Part B Authorize Departments that issue business licenses or city Memo 1: Carrasco issued permits to deny, suspend, or revoke licenses and permits Memo 2: Kalra to businesses with unpaid wage theft judgments. 4 Prohibition of the Obstruction of Sidewalks without a Permit Enact an ordinance prohibiting the obstruction of sidewalks Liccardo without a permit and penalizing the unpermitted closure of sidewalks with substantial penalties, including but not limited to fines. 5 San Jose is Open for Business/Legal Non-Conforming Uses Clarify Title 20 to reduce the evidentiary burdens for Liccardo businesses and property owners seeking to establish a longstanding, legal nonconforming use. 6 Director-Initiated Rezoning Proactively modify the Zoning District(s) on private property Oliverio to facilitate economic development. 7 News racks in Business Districts Provide allowances for news racks in business districts and Oliverio address appropriate signage, if any, for these news racks. 8 Conservation Area Ordinance Streamlining - Distinctive Neighborhoods Oliverio Modify Municipal Code to create a more efficient process for establishing conservation areas. 9 Noise Ordinance Oliverio Update the noise standards in the Municipal Code. 10 Massage Parlor Regulation Modify the Municipal Code to regulate massage parlors and Oliverio prevent human trafficking as permitted under new state law.

7 Attachment B - Nominated Items continued 11 Allowing Secondary Detached Units in San Jose Modify the Municipal Code to allow and facilitate the building of secondary detached residential units on residential parcels. 12 Dual Plumbing Ordinance to Facilitate Recycled Water Use Develop a requirement that non-residential buildings be dually plumbed to allow for recycled water use. 13 Prohibit Tobacco Sales to Persons Under 21 Bring forward an ordinance prohibiting retailers from selling tobacco to anyone under age 21 (current age is 18). 14 Land Use Regulations for New School Development Develop a policy around new school development, taking into consideration provisions for recreational and facility space, traffic, and compatibility with surrounding uses. 15 Allow Non-Commercial Users at Recycled Water Fill Stations Pursue making recycled water available to all users through filling stations. 16 Local Hiring/Local Business/Apprentice Utilization Program Create policies encouraging the hiring of local workers and contracting of local and small businesses, using the City of Sunnyvale's recently approved program as a model. 17 Green Leaf Blower Regulate the commercial use of gas-powered leaf blowers. 18 Sustainable Development Goals Adoption and implementation of the United Nations Sustainable Development Goals. 19 Downtown Storefront Activation Implement penalty fees for inactive storefronts and require all new downtown core development have mandatory activation of ground floor space or storefronts. 20 Illegal Fireworks Ordinance Establish a new framework to cite, fine, and adjudicate the use, possession, sale, advertisement for sale, transportation, and/or manufacturing of fireworks. Explore use of administrative citations in addition to criminal charges. 21 Employment Land Utilization Conversion Pilot Create a pilot program to analyze and evaluate the economic impact of converting employment land to other purposes. Nominated By Herrera Rocha Rocha Rocha Rocha Kalra Kalra Peralez Peralez Memo 1: Liccardo, Herrera, Peralez Memo 2: Khamis Jones

8 Attachment B - Nominated Items continued Nominated but on Different Path Nominated By Opposing Corporate Personhood Rules forwarded this item to Council. City Attorney drafted a Kalra resolution, and it will be heard at June 16 Council meeting. Police Accountability Police Department has added implementation of the Liccardo Independent Police Auditor's recommendations to its workplan. Alviso Park Master Plan and Improvements Rules forwarded this item to Council. The Council approved Matthews the workplan for developing the master plan on June 9.

9 Attachment C - Early Consideration Process Beginning July 1, 2015, between Council Priority Setting sessions, Councilmembers may bring forward to Rules memos nominating new policy ideas for consideration. Staff will make an assessment and recommendation to the Rules committee on whether the item should be given a green light (Add to Staff workplan), a yellow light (Add to list for upcoming Priority Setting Session), or a red light (no further action should be taken given). The Rules Committee will vote and determine the path the idea will follow. The process is illustrated below.