Policy Watch: Week of 5/30

City of San Jose

Council Member Diep proposing “Shield our City” ordinance to require ICE agents to obtain permission from City Attorney before conducting enforcement actions in specified locations

Councilmember Lan Diep is recommending that Committee members agendize the proposed “Shield Our City” ordinance for the June 6, 2017 City Council meeting, so that the Council may direct staff to explore adoption of this ordinance.

As proposed, the Shield Our City ordinance is intended to:

  • Codify San Jose’s previously-expressed preference to not use city resources to pursue enforcement of federal immigration laws by directing the San Jose Police Department to not enter into a memorandum of understanding with the U.S. Immigration and Customs Enforcement Agency (ICE) under §287(g) of the U.S. Immigration and Nationality Act; and
  • Create an affirmative duty upon Immigration and Customs Enforcement (ICE) agents to seek permission from San Jose’s City Attorney before conducting an enforcement action at any:
    1. schools (including pre-schools, primary schools, secondary schools, postsecondary schools up to and including colleges and universities, and other institutions of learning such as vocational or trade schools);
    2. hospitals;
    3. courts;
    4. institutions of worship (including but not limited to churches, synagogues, mosques, temples, or buildings rented for the purpose of religious services);
    5. site of a funeral, wedding or graduation; and
    6. public demonstration or gathering (such as a march, rally, or parade) within San Jose city limits.

Prior approval from the City Attorney shall not be required to conduct an enforcement action in the event of the following exigent circumstances:

  • the enforcement action involves a national security or terrorism matter;
  • there is an imminent risk of death, violence, or physical harm to any person or property;
  • the enforcement action involves the immediate arrest or pursuit of a dangerous felon, terrorist suspect, or any other individual(s) that present an imminent danger to public safety; or
  • there is an imminent risk of destruction of evidence material to an ongoing criminal case.

However, even where there are exigent circumstances, this ordinance will create an affirmative duty on the part of ICE agents to notify the City Attorney as soon as reasonably possible that such an enforcement action is taking place or has occurred within the city of San Jose.

Under this ordinance, an enforcement action of federal immigration law includes 1) arrests; 2) interviews; 3) searches; and 4) for the purposes of immigration enforcement only, surveillance.

Where: San Jose Rules and Open Government Committee

When: June 20, 2017, 2:00pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=638068

Link to agenda: http://www.sanjoseca.gov/DocumentCenter/View/69217


Rejecting all proposals for the LED Streetlight Replacement Project & directing City Manager to complete the Broadband Strategy first

Staff are recommending that Council take a number of actions in relation to the LED Streetlight Replacement Project, including:

  1. Reject all proposals submitted for the Innovative LED Streetlight Replacement Request for Proposal;
  2. Direct the City Manager to return to Council following completion of the City’s Broadband Strategy with requirements, financing strategies, and procurement recommendations for converting the approximately 40,000 remaining streetlights to LED luminaires;
  3. Direct the City Manager to evaluate alternatives regarding the deployment of LED streetlight controller units citywide, which may include potential demonstration and testing of emerging technologies;
  4. Direct the City Manager to include in the Broadband Strategy:
    1. Recommendations regarding technology, governance, process, and policy for the City’s broadband digital infrastructure including fiber/coax, streetlight poles, and small cells, including an analysis of the costs and benefits of combining proactive streetlight pole make-ready activities with installation; and
    2. Requirements, policy considerations, and procurement recommendations for Internet of Things network, platform, and devices.


Council approval of the recommendation will provide a path forward for:

  • Converting approximately 40,000 streetlights citywide to energy-efficient, brighter and whiter, light-emitting diode (LED) streetlights;
  • Working in partnership with industry to select the next-generation of integrated streetlight control and IoT units for the LED streetlights and ultimately develop a procurement strategy for new controller units citywide; and
  • Development of policies and strategies for broadband and the Internet of Things.


Approximately 40,000 lights remain to be converted. Purchasing and converting the lights to LEDs with smart controller units is estimated to cost approximately $36.7 million. Given the other pressing infrastructure needs the City has, Council directed staff to turn this funding challenge into an opportunity for creative solutions. Staff put together a team to develop a Request for Proposals, which was released in August 2015. Respondents were invited to submit proposals to use valuable City assets in exchange for converting the remaining approximately 39,285 streetlights to LED with smart controls.


Since staff issued its original report in January, several factors have emerged to change staff’s analysis and recommendations. Most significantly, the streetlight poles may be a more valuable real estate asset than previously assumed. A consultant hired to identify gaps and opportunities in the city’s broadband infrastructure identified the light pole as the most critical City asset in the Broadband Strategy and recommended deferring any action that might jeopardize the City’s ability to fully monetize the value of the light pole real estate. Staff plans to bring forward a Broadband Strategy for Council consideration in the fall. Moving forward with any of the installation proposals now in advance of the completion of the Broadband Strategy could tie up the streetlight poles and prevent implementation of the Strategy.


In addition to this concern, staff were concerned that the city’s General Fund would bear significant risk of paying the loan for construction of the lights should revenue projections, energy savings, or other fiscal components of the project not come to fruition, and that some of the proposals received were still premature.


Where: San Jose City Council

When: June 6, 2017, 1:30pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2687&meta_id=637878

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=0300a8f8-08d3-4eba-9167-f1b38a946ede



Reviewing and providing feedback on proposed approach to Urban Villages within 2040 General Plan


Staff are recommending that Council accept the progress report on the implementation of the Urban Village component of the Envision San José 2040 General Plan, and provide comments on the proposed approach for implementation.


The Envision San Jose 2040 General Plan includes Major Strategy #5 – Urban Villages, as one of its primary strategies to accommodate projected job and population growth. This Strategy includes a policy framework to transform many of San Jose’s auto-oriented commercial corridors and nodes into more urban, walkable and mixed use communities, where many of one’s daily needs could be met by walking, biking, riding transit, or making a shorter drive. To achieve the General Plan’s Regional Employment Center, Measurable Sustainability/Environmental Stewardship, and Fiscally Strong City Major Strategies, the Urban Village Strategy plans for significant employment growth to be added to the existing commercial uses within these established commercial areas, while also planning for the integration of significant high density and mixed use residential development.


California state law limits the authority of local government to raise taxes, establish and increase fees, and require other exactions from property owners and developers. Upon review of various appropriate methods of funding development related urban village improvements, staffs recommended approach is to establish an Urban Village Zoning District that would establish minimum design standards and identify allowable uses. Given the diversity of built environments in San Jose, there would likely not be a one-size fits all zoning district, but instead two UVC zoning districts. The first would be crafted for Villages largely developed prior to the second world war that have an existing urban form. The second would be crafted for more suburban Villages, which are beginning the process of transitioning into a more urban landscape. The allowable uses under these Urban Village zoning districts would generally align with those uses allowed in the existing commercial zoning districts and would not allow residential uses; staff will, however, explore an approach that will allow deed restricted affordable housing within a UVC zoning district, precluding the need for a rezoning.


Staff also proposes the creation of an Urban Village Mixed-Use Zoning District (UVMU). This district would be similar in design standards and allowable uses to the corresponding Urban Village Commercial district, but would allow residential in a mixed-use format. Staff are not proposing, however, to initiate the rezoning .of private property to this district. The rezoning of property to a UVMU district would occur as part of the entitlement process as individual mixed-use residential projects come forward.


Additionally, staff are proposing a set of additional required contributions from residential mixed-use development within urban village areas, including a surcharge on base impact fees, on-site village enhancements, and community facilities districts off-site from urban village zoning areas.


The timeline for the first step is to bring General Plan Text Amendments to Council this fall, as part of the General Plan Annual Review. Between the Summer and Fall of 2017, staff will be bring to Council the implementation strategies for the East Santa Clara, Stevens Creek, Winchester, and Santana Row/Valley Fair Urban Villages, as well updated strategies, for Little Portugal and Roosevelt Park. For the second step, staff anticipates bringing the proposed new zoning districts to the Council Committee for Community and Economic Development, along the codified requirements for residential mixed use development, in the Spring of 2018.


Where: San Jose City Council

When: June 6, 2017, 1:30pm

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2687&meta_id=638125

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=0300a8f8-08d3-4eba-9167-f1b38a946ede     



City of Santa Clara


Affordable Housing Working Group to hold final meeting, make recs


The final meeting objective is to provide recommendations on a framework for an Affordable Housing Impact Fee, including the following topics:

– City’s Goal for Level of Affordability (For-Sale and Rental development).

– Residential and Non-Residential Impact Fee Levels.

– Implementation of the Affordable Housing Impact Fee, including policy considerations such as exemptions, grace period, etc.


Public entity: City of Santa Clara Ad Hoc Affordable Housing Working Group

Date/time/location item will be heard:  Dec. 13, 2016, 6 pm

Link to agenda packet: http://santaclaraca.gov/home/showdocument?id=52205


Santa Clara Valley Transportation Authority (VTA)


Board to vote on 25% Fare Increase for FY 2018/2019


At issue is VTA prosed fare policy changes that will increase fares to increase fare box recovery and rationalize fare costs in light of the NEXT Network redesign. Staff is proposing a 25% increase phased over two years starting January 1, 2018. The adult single ride fare will increase from $2.00 to $2.25 on January 1, 2018 and to $2.50 on January 1, 2019. All associated fares would increase proportionately with the exception of paratransit fares which would remain unchanged.


VTA commissioned NWC Partners to prepare a Fare Equity Analysis. Based on their analysis, the proposed fare changes would not result in a Disparate Impact on minority populations or a Disproportionate Burden on low income populations. A copy of the Fare Equity Analysis is attached for reference (Attachment C).


Where: VTA Board of Directors Meeting

When:  Thursday June 1st, 5:30 PM. County Government Center 70 West Hedding Street San Jose, CA 95110

Link to agendahttp://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_060117_packet.pdf



Board to adopt 2016 Measure B Program Guidelines


With the passage of the 2016 Measure B sales tax, VTA developed guidelines for each of nine program areas: Local Streets and Roads; BART Phase II; Bicycle and Pedestrian; Caltrain Grade Separation; Caltrain Corridor Capacity Improvements; Highway Interchanges; County Expressways; SR 85 Corridor; and Transit Operations.


Based on initial direction from the Board and committees, VTA developed draft guidelines for each program area. After receiving feedback and input from a series of board committee meetings in 2017, staff is proposing the adoption of final 2016 Measure B program guidelines. Staff notes that the guidelines may be revisited by the Board over the 30-year life of the sales tax.


The draft guidelines for each of the areas are included in the packet, along with the list of candidate projects. Highlights include:


The County Expressway program area funding is estimated at $750 Million. VTA and County of Santa Clara will execute a Master Agreement for the administration of the 2016 Measure B County Expressways Program. VTA is also recommending that all projects apply Complete Streets best practices in order to improve transit, bicycle and pedestrian elements throughout the system.


The Highway Interchanges program area funding is estimated at $750 Million. VTA is proposing $87 million for FY 2018-19. Proposed criteria for prioritizing projects include:

– Project Readiness

– Level of Local Contribution

– Geographic Consideration

Additionally, noise abatement projects identified in the 2011 VTA Soundwall Study will receive higher consideration for funding.


The Transit Operations program area funding is estimated at $500 Million. The program is divided into the following categories:

– Transit Service

– Enhance frequent core bus network.

– Support new/innovative mobility models and programs to address first/last mile connections and services to transit dependent and paratransit customers.

– Expand mobility services and affordable fare programs for seniors, disabled, students and low income riders.

– Improve amenities at bus stop to increase safety, security and access as well as on-going maintenance.

The proposed allocation of the $500M is 73% to enhanced core transit service, 8% Innovative Mobility Models, and new/innovative transit service models), 15% to fare programs and 4% to bus stop amenities.


The FY18 & FY19 Budget Allocation for Transit Operations is $33.3 million.

– The Enhanced Frequent Core Bus Network will directly fund VTA’s core bus network of services increasing core bus route service frequencies, and expanding or adding evening, late night and weekend service.

– The Fare Programs will fund the Transit Assistance Program (TAP) and reduced fares for youth.

– The Innovative Transit Models Program will support goals to address first/last mile connections. Strategies may include competitive grant programs to help fund services operated by local jurisdictions, utilize excess paratransit capacity, and other programs that encourage investments in local service.

– The Bus Stop Amenities Program will directly fund improvements at VTA’s bus stops.


Where: VTA Board of Directors Meeting

When:  Thursday June 1st, 5:30 PM. County Government Center 70 West Hedding Street San Jose, CA 95110

Link to agendahttp://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_060117_packet.pdf


Approving Joint Development Developer Solicitation for Evelyn site in Mtn View; seeking proposals for 100% affordable housing project


Board is to authorize VTA staff to issue a developer solicitation for the Evelyn Joint Development site. The solicitation will seek developers to design, finance, build, and operate a 100% affordable housing development pursuant to a long-term ground lease from VTA.


The Evelyn site is located is in Mountain View at Evelyn and Pioneer Street. The site is ½ mile from the Mountain View Transit Center which makes it an attractive site for commercial and residential uses. However, the site is currently zoned to industrial uses. The property has not been sold or leased due to limits on Mountain View planning staff time and substantial entitlement risk. Through recent discussions, City of Mountain View staff has indicated that the City would be prepared to consider an application for rezoning the Evelyn site to allow dense multifamily residential development if the project has 100% affordable units. City staff has provided a letter to VTA to this effect, and has also indicated that there is potential for financial assistance from available City affordable housing funds. Based on this letter, VTA’s Joint Development staff expects to be able to attract significant interest from affordable housing developers.


VTA is expecting to generate substantial new annual revenues for the Joint Development Fund through a long-term ground lease for a 100% affordable development based on fair market value.

VTA staff is also proposing an alternative of waiting until such time as Mountain View is willing to consider an application for rezoning and/or a General Plan Amendment for a different use than a 100% affordable multifamily development.


Where: VTA Board of Directors Meeting

When:  Thursday June 1st, 5:30 PM. County Government Center 70 West Hedding Street San Jose, CA 95110

Link to agendahttp://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_060117_packet.pdf



Board to adopt FY 2018/2019 Budget


Following an April 21, 2017 Board workshop at which VTA staff presented a draft budget proposal for FY 2018 and FY 2019, five community meetings were held in various Santa Clara cities. The proposed budget was then presented to a series of board committees. A number of minor updates to various schedules have been included in the revised budget proposal which is included in the packet (Item 7.1c)


Where: VTA Board of Directors Meeting

When:  Thursday June 1st, 5:30 PM. County Government Center 70 West Hedding Street San Jose, CA 95110

Link to agendahttp://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_060117_packet.pdf


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