Memorandum CAPITAL OF SILICON VALLEY

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1 12/15/15 COUNCIL AGENDA: /8/15 ITEM: CITY OF SAN JOSE Memorandum CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: COUNCIL PRIORITY SETTING SESSION Approved FROM: David Sykes DATE: November 23, 2015 Date t f / t. S 7, RECOMMENDATION (a) Approve new items for the Council Priority list. (b) Rank items on Council Priority list. OUTCOME An updated, rank-ordered Council Priority list will be established. BACKGROUND Council has participated in twice-yearly priority-setting sessions at which the Council determined which potential or pending ordinances and policy initiatives held highest priority for completion in the year ahead. The priority-setting process has allowed the Administration to focus limited staff resources on those high priority initiatives. In May 2015, Council approved a new Priority Setting process and on June 23, 2015 the Council approved and ranked items for the Council Priority list. There are 21 items on the Priority List (Attachment A), which is presented in priority order as ranked by Council. In most cases, work crosses multiple departments and requires legal work from the City Attorney's Office. 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

2 HONORABLE MAYOR AND CITY COUNCIL November 23, 2015 Subject: Council Priority Setting Session Page 2 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. DECEMBER 8 MEETING ACTIVITIES STEP 1 - Nominated Ideas Voting: Based on the Council approved process, the first step at the December 8 Council meeting is to vote on the list of Nominated Ideas (Attachment B), which were referred to priority setting through the early consideration process, 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 5 ideas have been nominated, each Councilmember will be given 2 votes (5 items / 3). With 22 total votes available a maximum of 4 items (22 votes / 5 minimum votes) could move on to the ranking process described below. If additional items are submitted, additional votes will be allocated. STEP 2 - Ranking Process: The first nine items on the Council Priority list established on June 23, 2015, will not be re-ranked. They will remain the top priorities established by Council. The rational for freezing these priorities is due to the activity level in which staff is engaged in moving these items forward. Re-ranking these items would be inefficient. In addition, Council placed the majority of their votes on these items. The remaining 11 items on the current Council Priority list ranking 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 5 of the Nominated Ideas are added to the Priority list for a total of 16 items, then each Council member would get 5 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 continue to 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. EVALUATION AND FOLLOW-UP In spring 2016, staff will return to Council to solicit any new proposals for policy work, and institute a voting exercise in June Additionally, it is anticipated that staff will propose that the Council Priority list be completely reestablished in This will allow for then newly elected Council to fully participate in the Council prioritization process.

3 HONORABLE MAYOR AND CITY COUNCIL November 23, 2015 Subject: Council Priority Setting Session Page 3 EARLY CONSIDERATION 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. PUBLIC OUTREACH This memorandum will be posted on the City's Council Agenda Website for the December 8, 2015, Council Meeting. CEOA Not a Project, File No. PP10-069(a), Staff Reports. Assistant City Manager For questions please contact David Sykes, Assistant City Manager, at Attachments Attachment A - Current Council Priority list Attachment B - Nominated Ideas list

4 Attachment A Current Council Priority List (as of 6/23/15 Council Direction) Policy/Ordinance Name Description 1 Wage Theft, Parts A, B & C A) Revise contract and RFP requirements to protect the City from contracting services from businesses with unpaid wage theft judgments. B) Authorize Departments that issue licenses or permits to deny, suspend, or revoke licenses and permits to businesses with unpaid wage theft judgments. C) Provide any other readily available information on the issue of wage theft. 2 Update the City's Rental Rights and Referrals Program. Explore modifications to the City's rent control ordinance and creation of ordinances for just cause evictions and income discrimination prohibition. 3 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. 4 Massage Parlor Regulation Modify the Municipal Code to regulate massage parlors and prevent human trafficking as permitted under new state law. 5 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. 6 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. 7 Riparian Corridor & Bird-Safe Buildings Update zoning code provisions with respect to riparian setbacks and development of bird-safe buildings. 8 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. Votes Rec'd Lead Dept./Staff Support Departments 10 Public Works: Lead staff: Nina Grayson and Christopher Hickey Support: Finance/ Attorney 9 Housing/Attorney Housing lead staff: Wayne Chen 8 Public Works/Lead Staff: Nina Grayson 8 Police/Lead staff: Sgt. Todd Trayer, Officer Mike Epp 8 PBCE/Lead staff: Jenny Housing 7 Fire/ Lead staff: Curtis Jacobson Support: Police/Attorney 7 PBCE/Lead staff: Jenny 6 Housing/Lead staff: Kristen Clements PBCE/Economic Development 9 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. 5 PBCE/Lead staff: Jenny Support: Housing/Attorney

5 Policy/Ordinance Name Description 10 Disadvantaged Business Enterprises Explore expanding existing DBE program beyond Airport to other City departments and contracts. 11 North San Jose Policy Review Review of North San Jose development policies, fees, and development capacity allocations. 12 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 13 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. 14 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. 15 San Jose is Open for Business/Legal Non-Conforming Uses Clarify Title 20 to reduce the evidentiary burdens for businesses and property owners seeking to establish a longstanding, legal nonconforming use. 16 Food and Clothing Distribution at City Parks Review and update the Municipal Code policy regarding the distribution of food and clothing at City Parks. 17 Graywater Systems Consider changes to the permitting process allowing residents to install gray water systems in the most timely and inexpensive manner currently available. 18 Off-Sale of Alcohol at Grocery Stores Streamlining Modify Code provisions to streamline the permit process for sale of alcohol at grocery stores. Votes Rec'd Lead Dept./Staff Support Departments 3 Public Works/Lead staff: Nina Grayson Transportation/ESD 2 PBCE/Lead staff: Jason Rogers Support: Economic Development/ Transportation 1 PBCE/Lead staff: Jenny Economic Development 1 PRNS/Lead staff: Matt Cano PBCE/Public Works 1 Economic Development/Lead staff: Terry Medina 1 PBCE/ Lead staff: TBD 0 PRNS/Lead staff: Steve Hammack, PRNS Economic Development/ Police/Housing 0 PBCE/Lead staff: Chu Chang Support: Environmental Services 0 PBCE/Lead staff: Jenny Support: Attorney

6 Policy/Ordinance Name Description 19 Peddler Permits Enforcement/Outdoor Mobile Vendor Policy Suspend enforcement of peddler permit requirements until Council amends the existing ordinances. 20 Surplus Land Sale Bring City codes into conformance with new state law. 21 Zoning Ordinance Quarterly Modifications Minor revisions to Zoning Ordinance that do not require major analysis, raise community concerns or cannot be found exempt from CEQA. This is a recurring placeholder that facilitates economic development, permit streamlining, and General Plan implementation. Votes Rec'd Lead Dept./Staff Support Departments 0 City Manager/Lead staff: Michelle McGurk Support: PBCE 0 Attorney/Lead staff: Patty Deignan Support: Economic Development/ Housing 0 PBCE/Lead staff: Jenny

7 Attachment B Nominated Items List includes all ideas referred to priority setting since June 2015 Each Councilmember will get 2 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 Policy/Ordinance Name l San Jose Urban Agriculture Incentive Zones Ordinance - San Jose Urban Agriculture Incentive Zones Ordinance. 2 Gender Pay Equity - Options for assessing and promoting gender and ethnicity equity in the City's employment decisions. 3 License Plate Readers on Garbage Trucks - Exploration of the feasibility, legality, and civil liberties implications of mounting license plate readers on garbage trucks owned by our four recycling providers to provide investigative data directly to the San Jose Police Department 4 Electronic Billboards - Options for public and private property that will allow electronic digital off-site advertising signs or billboard installations. 5 Downtown Sign District Pilot Program - Establishment of a Sign District in a limited area of the Downtown that provides opportunities for offsite advertising on public and private buildings and generates revenues for public art and cultural programming. Referred By October 7, 2015 (Rules) September 9, 2015 (Rules) August 19, 2015 (Rules) October 6, 2015 (Council) October 6, 2015 (Council)

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