Policy Watch: Week of 2/17

| City of San Jose |

Council policy priority setting for 2020-21

Issue summary: Council will establish an updated, ranked policy priority list for 2020-21, incorporating staff’s recommendations for removing some priorities that have been completed and approve new items to be added. 
Staff recommend removing the following priorities from the 2019-2020 Council Policy Priority List as complete:

  • Priority #3, Disadvantaged Business Enterprises
  • Priority #7, Accessory Dwelling Units and Garage Conversion Ordinance
  • Priority #10, Safe Parking Program
  • Priority #15, Family-Friendly City-Paid Family Leave
  • Priority #18, Sanctioned Encampments
  • Priority #22, Develop Innovative Strategies to Hire Crossing Guards
  • Priority #24, Food & Clothing Distribution at City Parks
  • Priority # 25, Private Property Graffiti Abatement Ordinance

Staff recommend combining the following priorities from the 2019-2020 Council Policy Priority List: Priority #12, Universal Development Fee and Priority #21, Impact Fee Deferred Payment Program for Housing.

The nomination list is the list of policy proposals that council will consider adding to the 2020- 2021 Council Policy Priority List. As part of the 2020-2021 Council Policy Priority Setting process,

Councilmembers have had the opportunity to nominate new policy proposals for consideration as Council Policy Priorities. A supplemental memorandum will be issued with the full nomination list no later than February 20, 2020.

The recommended voting process for the 2020-2021 Council Policy Priority Setting session follows the process used at the last session on March 5, 2019. Voting will occur in two rounds: The first round will determine which items are added to the 2020-2021 Council Policy Priority List; the second round will determine how items are ranked on the list.

In round one, each Councilmember will be given n/3 votes, where n equals the total number of items on the nomination list. Each Councilmember may only assign one vote per selected priority. Any item that receives six or more votes will be eligible to be added to the 2020-2021 Council Policy Priority List. One new rule has been added: The Administration may recommend capping the number of new items to be added to the 2020-2021 Council Policy Priority List.
In round two, Councilmembers will rank the list that they established in Round 1. 
Items currently on the list of new proposals (“yellow-light” items) include:

  • Zoning Code/Emergency Shelters. Updating the zoning code to allow emergency shelters with 50 beds or fewer in all zoning districts, excluding R-l and R-2.
  • Explore Procurement of a Polypropylene Plastic Purification & Recycling Plant. Pursue attraction of a polypropylene plastic purification and recycling plant on land located near the San Jose-Santa Clara Regional Wastewater Facility. 
  • A Harm Reduction Approach: Eliminating the “Gun Violence Subsidy.” This proposal directed staff to return to council with recommendations for requiring insurance for all gun owners (except sworn employees of law enforcement agencies); considering a fee to fund a public pool to eliminate the public cost of the financial burdens related to gun violence; constructing enforcement misdemeanor sanctions; engage with other jurisdictions on a potential tax on firearms and ammunition; develop City-sponsored legislation to remove barriers to local preemption of an insurance or fee-based approach; and evaluate a consent to search program for juveniles and a gun bounty program.
  • Flavored Tobacco and E-Cigarettes. This proposal would develop ordinances to prohibit sales of certain electronic cigarettes and flavored tobacco products; limit the sale of tobacco products near schools and other youth-related sensitive receptors; limit the concentration of tobacco retailers; and remove the tobacco retail license exemption for retailers that prohibit anyone under 18 from entering the store.
  • Public Safety Power Shutoffs: Making San Jose Grid Resilient. This proposal would have staff conduct the analysis of what would go into bond financing to develop renewable energy storage and generation facilities—such as microgrids—that could insulate critical city facilities or participating neighborhoods to improve energy resilience, reliability, and costs. The analysis would be used to develop a potential ballot measure for bond financing.
  • “Yes, in my Backyard” (YIMBY) Affordable Housing Program. This item provides direction to staff to work with business, advocacy, and philanthropic organizations around promoting and financing the construction of Accessory Dwelling Units.

Administration recommended items include:

  • Update Council Policy 6-10, Criteria for Review of Drive Through Uses (Planning, Building and Code Enforcement)
  • Update Council Policy 6-25, Guidelines for Designation of City Historic Landmarks (PBCE)
  • Update Council Policy 6-27, Evaluation of 24-Hour Uses (PBCE)

Update & proposed funding framework for Urban Village Zoning Districts

Issue summary: The committee will receive a status report on Urban Village zoning districts and revised amenities framework.

The Urban Village Implementation and Amenities Framework was adopted in 2018 and uses the increase in land value afforded to a development applicant by rezoning properties within urban villages from a residential mixed-use zoning district. Development applicants were required to share the increase in the value of their land from the conversion of jobs-producing lands to residential use by constructing, providing, or otherwise funding amenities and public improvements as identified in the urban village plan and in accordance with the Implementation Framework.

In response to the state’s invalidation of the Council approved Implementation Framework approach due to AB3194 and SB1333, staff has been analyzing the feasibility of incorporating the Implementation Framework amenities into the new urban village zoning districts as objective standards, thereby ensuring that urban villages and the surrounding communities may continue to obtain the public benefrts/amenities which were previously attained through the application of the Implementation Framework. Staff is proposing five new zoning districts which incorporate amenities as part of residential and residential mixed-use projects. The proposed districts are intended to achieve an increased density and flexible mix of uses, fostering an active, walkable, bicycle friendly, transit-oriented, urban setting for housing and job growth within the urban villages. Allowed uses and development standards for each of the five districts vary based on the type of urban village, and are comprised of objective standards, pursuant to the requirements of SB330.

Since San Jose already has generous incentives through FAR, density, height, and similar requirements, an increased allowance of these development standards would not likely result in the desired amenities. Instead, staff proposes that the zoning code require, as a standard requirement, that residential and mixed-use development provide amenities as part of the project. The code would then establish the specific and objective standards for each amenity that would need to be met. Flexibility would be provided, however, by allowing the applicant to choose a specified number of amenities from an established list within the zoning code. 

Next steps are to hold community meetings from February-April 2020, a Planning Commission hearing in May 2020 and a city council hearing in June 2020. 

Apply to provide electric distribution service in Downtown West Mixed-Use Plan area to support Google project

Issue summary: Staff recommend council direct the City Manager to submit a Wholesale Transmission Service Interconnection Application to Pacific Gas and Electric for the City to provide electric distribution service to the Downtown West Mixed-Use Plan area and potentially, a broader area where new development is occurring.

The application and proceeding with any PG&E System Impact and Facilities Studies are the first steps in a multiphased process that could result in the City of San Jose providing electric distribution service to the Downtown West Mixed-Use Plan area (Google Project) and, potentially, a broader area where new development is occurring. Approval of the recommendation would provide the City and Google, Inc. with sufficient time to fully analyze the requirements, benefits, and challenges of establishing a City-owned and operated electric service utility.

Approve new commercial solid waste agreements & settlement agreement

Issue summary: Staff recommend council approve the negotiation of an amended agreement with Allied Waste Services to modify the terms for collecting and processing commercial solid waste, recyclables and organic materials and to extend services through June 30, 2032, with an anticipated effective date of March 1, 2020. Council would also approve an amended agreement with Zero Waste

Energy Development Company to modify the terms for processing commercial solid waste, recyclables and organic materials and to extend organic processing services through June 30, 2032, with an anticipated effective date of March 1, 2020.

Staff recommends council approve a settlement agreement that would resolve a dispute between the City, Allied Waste Services, International Disposal Corp of California, GreenWaste Recovery, Inc., and Zero Waste Energy Development Company

The proposed contract amendments will shift organic processing from Allied’s Materials Recovery Facility (MRF) to ZWED’s enclosed, indoor facility, thus reducing odor issues, and will utilize Allied’s specialization of collection services with more traditional sorting of recyclables. 

Approve $8.5M purchase of property from AV San Jose

Issue summary: Staff recommend council approve an agreement with AV San Jose, LLC for the purchase by the City of 4.95 acres at 1591 Senter Road for a price of $8,500,000.

Purchase of the 1591 Senter property would allow City to own contiguous parcels along Senter Road and complement the City’s management of both the Sharks Ice/Municipal Stadium and the Central Service Yard holdings and will allow greater flexibility for potential projects. 

| City of Cupertino |

Adopting City Council Goals for 2020-21: Transparency, Sustainability, Housing and Transportation 

Issue summary: The City recently launched a Strategic Planning process. As part of this process, Council discussed potential FY 2020-21 City Council goals at the first Strategic Planning Session conducted on February 10, 2020. The City Council Goals will be used as a framework for development of the FY 2020-21 City Work Program, which will ultimately become the basis for the City’s budget.

The following City Council goals may be adopted:

  • Public Engagement and Transparency: 
    • Creating and maintaining key conversations and interactions with the Cupertino Community.
  • Sustainability 
    • Continuing Cupertino’s commitment to building a sustainable and resilient community for future generations. 
  • Housing 
    • Contributing meaningfully and in a balanced manner to the housing inventory in support of our community needs, including affordable housing, moderate income level housing, and addressing homelessness. 
  • Transportation 
    • Providing access to an efficient, safe multi-modal transportation system for our community, and advocating for effective, equitable mass transit in the greater region. 
  •  Quality of Life 
    • Furthering the health and well-being of all Cupertino community members: Air Quality, Public Safety, Recreation

| San José Unified School District |

Increase pay schedule by 2% effective February 1, 2020 for all employees except AFT and Trades

Issue summary: The Board may certify the agreements with AFSCME, CSEA, and SJTA to increase pay schedule by 2% effective February 1, 2020;

The salary schedule for management employees is indexed to the SJTA salary schedule.  The salary schedule for management employees is being updated in accordance with the agreement with the San José Teachers Association. The annual salaries of the superintendent and executive staff are indexed to the schedule for management employees. 

The governing board may increase the compensation of individual board members in an amount not to exceed 5 percent based on the present monthly rate of compensation, with the increase effective upon approval by the governing board. The recommended amount is 2 percent. 

Both AFT and Trades were offered the compensation increase of 2 percent and both failed to sign their respective agreements.

| City of Sunnyvale |

Council to set policy priorities for 2020; proposals include local hire, workforce housing, best value contracting, worker retention ordinance, others

Issue summary: In this workshop, City Council will identify study issue priorities for the 2020 calendar year and review budget issues for the coming fiscal year. 

Included in the 2020 study issue workplan process are 34 proposed study issues and 2 budget issues.

The 2019 Study Issues Workplan include a total of 28 study issues, of which 8 have been completed and another 10 are targeted to be completed by the spring of 2020. Of the remaining 10, all but two are scheduled to be completed by the end of 2020. Included in this packet is an update on each active study issue in the 2019 Study Issue Workplan.

A full list of proposed 2020 Study Issues, including staff rec on whether to keep or drop, is available in the packet or at https://sunnyvale.ca.gov/government/council/study/studyissues.htm . Some highlights of proposed study issues include:

  • Require Installation of Solar Energy Systems on New Buildings
  • Incentivize Construction of Accessory Dwelling Units by Reducing Development Standards
  • Develop Citywide Guidelines or Criteria for Allowing Reduced Parking for Development Projects 
  • Consider New Requirements or Policies to Reduce Greenhouse Gas Emissions from New Development Projects
  • Evaluate the Feasibility of Requiring New Non-Residential Development Projects to Meet Specific Energy Performance
  • Promote Workforce Housing Opportunities for City Employees and Sunnyvale School Teachers
  • Consideration of a Local Hire Ordinance for Development Projects on City Owned Land
  • Subsidized Public Transit
  • Encourage Adoption of Electric Vehicles
  • Charter Amendment to Allow Best Value Selection when Contracting for Public Works Projects
  • Establish a Formal Smart Cities Initiative and Potential Program
  • Service Worker Retention Ordinance.
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