REPORT TO COUNCIL
SUBJECT
Title
Approve Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2025 to 2027 for NOVA Workforce Development Area
Report
BACKGROUND
The federal Workforce Innovation and Opportunity Act (WIOA) stipulates the criteria for Local Area designation and Local Board certification. WIOA requires that local areas apply for initial Local Area designation, demonstrating that the local area performed successfully and sustained fiscal integrity. This is defined by the absence of significant findings from audits/reviews, gross negligence, or failure to observe accepted standards of administration. Following initial designation, WIOA requires that local areas apply for subsequent designation, demonstrating that the local area is also in compliance with WIOA requirements and other federal and state laws and regulations, and has engaged in regional planning.
WIOA also mandates that local boards apply for initial certification and recertification, demonstrating compliance with Board membership requirements and Local Area designation requirements. Membership requirements include a majority of members represent business; 20% represent the workforce including services for individuals with barriers to employment, organized Labor, and labor/management apprenticeship programs; and there is representation from adult and higher education and from economic and community development.
The state has combined the applications for Local Area subsequent designation and Local Board recertification into a single application. It is now renewed every two years.
The Council approved the initial certification of the NOVA Workforce Board at its Feb. 10, 2015, meeting (RTC No. 15-0136) and a modified initial designation of the NOVA Workforce Development Area to add San Mateo County to the now eight-jurisdiction consortium at its Feb. 24, 2015, meeting (RTC No. 15-0182). The consortium comprises the cities of Cupertino, Los Altos, Milpitas, Mountain View, Palo Alto, Santa Clara and Sunnyvale, and the County of San Mateo. The Council approved the NOVA Workforce Board recertification and NOVA Workforce Development Area subsequent designation (with no changes to the Local Area) at its May 21, 2019, (RTC No. 19-0490), March 16, 2021, (RTC No. 21-0369) and May 16, 2023 (RTC No. 23-0549) meetings. State Workforce Services Directive WSD24-10 requires that local boards must reapply for Local Area subsequent designation and Local Board recertification for the period, July 1, 2025, to June 30, 2027.
EXISTING POLICY
Council Policy 5.1.1: Socio-Economic - Goals and Policies: Education and Training Goal 5.1F: Provide job training and employment services, within constraints of operative Federal regulations and available Federal funding, to address the locally-determined employment and training needs of economically disadvantaged residents and others with special needs.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
WSD24-10 provides guidance and establishes the procedures and requirements for Local Area subsequent designation and Local Board recertification. Specifically, WSD24-10 states that the local area must have 1) performed successfully with an Individual Indicator Score of at least 50% or higher in program years 2022/23 or 2023/24; 2) sustained fiscal integrity with no violations with audit findings or other reviews, gross negligence, or acceptable standards of administration; 3) engaged in regional planning; and 4) adhered to “Local Area Assurances” and compliance with Uniform Guidance, financial and program reporting, funding expenditures, data collection, nondiscrimination provisions, priority of service requirements, and all applicable federal and state policies and laws. WSD24-10 also requires that local boards comply with WIOA and State membership requirements, including a majority of members represent business, at least 20% represent the workforce with15% from organized Labor, and representation from adult and higher education and economic and community development.
The NOVA Workforce Development Area complies with all requirements outlined in the application for Local Area subsequent designation and Local Board recertification. There are no proposed changes to the current eight-jurisdiction consortium that comprises the local area. NOVA has been actively engaged in regional planning, which includes taking a leadership role in regional plan development; negotiating WIOA performance measures; and spearheading several regional initiatives to promote career paths for high demand sectors and quality jobs impacting climate and global challenges. In addition, the NOVA Workforce Board, appointed by Council, which serves as the local Chief Elected Official for the NOVA consortium, satisfies all membership requirements for recertification.
The application has been attached for review (Attachment 1.)
FISCAL IMPACT
No fiscal impact.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Approve Local Area Subsequent Designation and Local Board Recertification application for Program Year 2025 to 2027 for the NOVA Workforce Development Area.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_x_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Eileen Stanly, Administrative Analyst, NOVA Workforce Services
Reviewed by: Marléna Sessions, Director, NOVA Workforce Services
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2025 to 2027 for NOVA Workforce Development Area