Policy Watch: Week of 10/31

City of San Jose

Modifying resolution policy to limit City Council’s actions on national issues, plus letter in support of the Standing Rock Sioux Tribe

As recommended by the Rules Committee on October 19, Council will consider amending the Resolution policy to allow Councilmembers to issue letters individually or collectively representing their position, and not the Council position, on an issue which is outside the purview of the Council.  The proposed revisions would limit the Council from being able to pass resolutions on national issues which may not directly be municipal matters. Original policy was adopted in 1979.

New letter from Mayor Liccardo and Councilmembers Herrera, Peralez, Carrasco, and Jones in support for the Standing Rock Sioux Tribe and opposition to the Dakota Access Pipeline Project; and updated resolution.

Where:   San Jose City Council

When:  November 1, 2016, 1:30PM, Council Chambers

Link to memo:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2160&meta_id=598074

Link to Liccardo memo:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2160&meta_id=598076

Link to Mayor’s letter of support: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2160&meta_id=598727

Link to reso:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2160&meta_id=598524

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=b800414e-6803-4635-bdca-2e2aab03cfe6

 

Allowing the City to apply for $80M in federal, regional and Volkswagen Trust Fund grants for airport projects

Allow the City to apply for grants from the Federal Aviation Administration (FAA), Volkswagen Clean Air Act (VCAA) Partial Settlement Trust Fund, and the Bay Area Air Quality Management District (BAAQMD) in a total amount not to exceed $80,000,000 for certain projects at the Norman Y. Mineta San Jose International Airport, including:

  • Airport Rescue and Fire Fighting (ARFF) Facility Renovation – Design
  • Safety Management Systems (SMS)
  • Upgrade Lighting System for CAT II Approach
  • Airfield Electrical System Upgrades – Design
  • Electronic Airport Layout Plan (eALP) Development
  • Terminal B Expansion Ramp
  • Airport Noise Monitoring System (ANOMS) Replacement
  • Zero Emissions Buses and Infrastructure

Where:    San Jose City Council

When:  November 1, 2016, 1:30pm, Council Chambers

Link to memo:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2160&meta_id=598066

Link to reso:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2160&meta_id=598183

Link to agenda:   http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=b800414e-6803-4635-bdca-2e2aab03cfe6

 

Three community meetings being held on ARO (rent control) changes

At the direction of the City Council, staff is focusing on the changes to the Apartment Rent Ordinance (ARO) as well as the creation of an Ellis Act and Anti-Retaliation & Protection Ordinance. The Housing Department will be hosting three meetings in November and is soliciting input to develop a balanced ARO program that addresses the rights and responsibilities of tenants and owners, and to ensure programmatic effectiveness.

Community meetings:

Nov. 7, 6:30-8:30 PM, Cypress Community Center, 403 S. Cypress Ave., San Jose, CA 95117

Nov 14, 6:30-8:30 PM, San José City Hall, 200 E. Santa Clara Street, Wing Rooms, San Jose, CA 95113

Nov 16, 6:30-8:30 PM, Bascom Community Center, 1000 Bascom Avenue, San Jose, CA 95128

Contact: Rachel VanderVeen   408-535-8231

Where: City of San Jose

When:  Nov. 7, 14 & 16 (see below)

Link to item:   http://myemail.constantcontact.com/San-Jos–Housing-Department-Hosting-Apartment-Rent-Ordinance-Community-Meetings.html

 

Allowing the City to apply for $80M in federal, regional and Volkswagen Trust Fund grants for airport projects

Allow the City to apply for grants from the Federal Aviation Administration (FAA), Volkswagen Clean Air Act (VCAA) Partial Settlement Trust Fund, and the Bay Area Air Quality Management District (BAAQMD) in a total amount not to exceed $80,000,000 for certain projects at the Norman Y. Mineta San Jose International Airport, including:

  • Airport Rescue and Fire Fighting (ARFF) Facility Renovation – Design
  • Safety Management Systems (SMS)
  • Upgrade Lighting System for CAT II Approach
  • Airfield Electrical System Upgrades – Design
  • Electronic Airport Layout Plan (eALP) Development
  • Terminal B Expansion Ramp
  • Airport Noise Monitoring System (ANOMS) Replacement
  • Zero Emissions Buses and Infrastructure

Where:    San Jose City Council

When:  November 1, 2016, 1:30pm, Council Chambers

Link to memo:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2160&meta_id=598066

Link to reso:   http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2160&meta_id=598183

Link to agenda:   http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=b800414e-6803-4635-bdca-2e2aab03cfe6

City of Cupertino

Extending moratorium on payday lending and cash checking operations until Zoning Code Update is complete

Staff are recommending that Council adopt an interim urgency ordinance extending a temporary moratorium on the establishment, expansion, or relocation of payday lending and check cashing businesses within the City of Cupertino until the City’s Zoning Code Update is complete. In addition, staff are recommending that Council conduct a first reading of an ordinance amending the Municipal Code to expressly exclude payday lending and cash checking in the definition of financial institutions and banks, with the intent to disallow such uses from operating with the City of Cupertino.

In September 2016, City Council passed an interim urgency ordinance establishing a moratorium on new, expanded, or relocated payday lending and cash checking operations, in response to concerning research released by the Coalition Against Payday Predators (CAPP). CAPP revealed that payday lenders target people in desperate need of cash with short-term credit products for use in emergencies with unusually high fees that end up trapping them in a cycle of crippling debt and poverty, and that nearly 60% of payday loan borrowers earn less than $30,000 per year and face average APRs of 366%. This action will extend the existing moratorium in order to prevent the negative impact of payday lending on low-income people living in Cupertino, as there are currently no payday lenders operating in the City.

Where: Cupertino City Council

When: November 1, 2016, 6:45pm

Link to item: https://cupertino.legistar.com/LegislationDetail.aspx?ID=2867750&GUID=097F9D38-FC3C-45D8-9177-517487A6A8A2&Options=&Search=

Link to agenda: https://cupertino.legistar.com/View.ashx?M=A&ID=444225&GUID=0FA85571-809D-437D-AE97-B73EBD5E062D

 

Santa Clara County Board of Education

Public hearing for Alpha Jose Hernandez charter school renewal petition; seeking to expand middle school to include grades TK – 4

Alpha Jose Hernandez is requesting a 5-year extension for their existing school,  which serves grades 5-8. If approved, the renewal would start July 2017. Alpha Middle School 2 was initially approved on appeal from Alum Rock Union School District as a grade 6-8 charter school in October 2013 for a three-year term; Alpha Middle School 2 / Alpha Jose Hernandez’s material revision to a grade 5-8 charter school was approved by the SCCOE Board of Education in October 2015. Alpha Jose Hernandez’s current renewal seeks to increase the grades served from grades 5-8 to TK-8.

State law states that Board of Education must hold a public hearing on charter renewal petitions within 30 days after having received the petition. State law also states that a decision on whether to deny or grant the petition must be made within 60 days of receiving the petition, unless an extension is agreed upon by both parties. Therefore, the Board plans to include this item on their December 14, 2016 agenda for a decision.

Where:  SCCBOE

When:  11/02, 5:00pm at SCCBOE

Link to item:   http://www.boarddocs.com/ca/sccoe/Board.nsf/goto?open&id=AEWTY27991EC.

Link to agenda:   http://www.boarddocs.com/ca/sccoe/Board.nsf/Public.

 

Decision on Legacy Academy Charter petition for new middle school; staff find concerns with proposal

Legacy is seeking approval to establish and operate a public charter high school for countywide benefit serving students in grades 6-8 for a proposed charter term of five years beginning in July 2017. Legacy plans to begin operation with sixty 6th grade students in 2017-18 adding a new grade level each year until capacity is reached at 180 students in 2019-20. The petitioners plan on locating their site in the San Jose Unified School District (SJUSD) during 2017-2018 and relocating to a permanent site within the Franklin-McKinley School District (FMSD) during the 2018-19 school year. Legacy had previously submitted a petition for a countywide charter middle school on November 20, 2015. The public hearing for that petition was held on January 13, 2016 with the decision hearing held on March 2, 2016. Legacy’s founding team members withdrew that petition at the March 2, 2016 decision hearing.

Some of the issues that staff found with the petition include the following:

  • Relying on volunteer, rather than certified to provide instructional supports.
  • Their program needs additional clarity for special education.
  • No transportation plan is included, including during the shift from their first campus (at SJUSD) to the permanent one (at FMSD).
  • Questions about the revenue stream—the charter expects to raise $1.9M in local fundraising revenues, with no back-up plan in case this amount is not reached.
  • “Unsound Education Program”. Staff has significant concerns regarding the services for special education students and seeks further elaboration on support for English learners.
  • All special education services to be provided by Seneca staff, but Seneca staff are not required to hold special education credentials.

Where: SCCBOE

When:  11/02, 5:00pm at SCCBOE

Link to item: http://www.boarddocs.com/ca/sccoe/Board.nsf/goto?open&id=AEXV8W7F920E.

Link to agenda:   http://www.boarddocs.com/ca/sccoe/Board.nsf/Public.

 

VTA

Adopting new policy to set criteria for placement, relocation, or closure of bus stops

Recommendation: Adopt a policy to establish standards for VTA to determine placement of bus stops and when and under what conditions it will make bus stop closures and relocations.

The proposed new Policy on Bus Stop Placement, Closures and Relocations would provide the evaluation and decision-making criteria, specific to each type of requested action. Following is a summary of the policy:

  1. Placement: Far side stops, defined as bus stops located immediately after an intersection, are the preferred location for bus stops, although the ultimate decision is based on the inherent safety considerations, ridership potential, operational efficiency, ease of connection, availability of space, and compliance with American Disability Act (ADA) requirements.
  1. Spacing: VTA should follow the guidelines for bus stop spacing in the Service Design Guidelines, adopted in 2006. Bus stops on local routes will typically be spaced between 750 ft. – 2,500 ft. apart. The spacing will increase for Bus Rapid Transit and Express Bus Routes.
  1. Passenger Amenities: Shelters, benches and other amenities should be added or modified to provide comfort and protection to passengers. The Transit Passenger Environment Plan establishes the guidelines for VTA to make in decisions on the passenger amenities. The placement and the selection of these amenities should be based on ridership, passenger needs, safety and security, and compatibility of surrounding land use.
  1. Removal: VTA will have the discretion to remove a bus stop if the Operations Division, after making a reasonable evaluation of a bus stop’s location, makes any one of the following findings:
  • The bus stop’s location is unsafe;
  • There is unnecessarily close spacing between bus stops;
  • There is or there will be construction of a new land development which includes an adequate and acceptable replacement bus stop provided by the property owner or developer;
  • The bus stop has insufficient ridership to support a stop at that location.
  1. Relocation: VTA will have the discretion to relocate a bus stop if the Operations Division staff is satisfied that there is an adequate and acceptable alternative location. In evaluating whether the alternative location is adequate and acceptable, staff will consider the following factors: passenger safety and convenience, passenger transfer activities, operations safety, and impacts on the surrounding land uses. If the relocation request is made by a third party and a right-of-way and/or easement is required to relocate the bus stop, then the bus stop shall be relocated only if the third party obtains such right of way or easement at his or her own cost. VTA shall also have the discretion to require the third party to pay for the construction of the relocation, depending on the cost and whether the relocation is being done solely for the benefit of the third party.
  1. Temporary Relocation During Construction: VTA will not temporarily relocate a bus stop until and unless a property owner, developer or contractor enters into a mutually acceptable agreement with VTA which includes details on the construction schedule, an approved traffic control plan, a schedule for moving the bus stop to the temporary location and back to its pre-construction location at the end of the construction period, and costs to be covered by the property owner, developer or contractor. If the bus stop pole, bench, shelter, or other amenities must be removed during construction, the property owner, developer or contractor must submit engineering drawings of the bus stop layout before and after the construction.

Where: Santa Clara VTA Board of Directors

When:  Nov. 3, 2016, 5:30 pm

Link to agenda packet:  http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_110316_packet.pdf

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