Policy Watch: Week of 3/19

County of Santa Clara

Approve voting technology upgrades and implementation of new voting model for the county

The Voter’s Choice Act (VCA), formerly known as SB 450, allows the County of Santa Clara to adopt a new voting model that replaces traditional polling places with a smaller number of vote centers with expanded days of operation and services available. Upon recommendation of the Registrar of Voters, the Board will consider adoption of one of the following three options:

  1. Proceed with voting technology upgrades in 2019-2020 as scheduled, and simultaneously plan for implementation of the VCA in the 2020 Presidential elections; this option could reduce the initial costs of acquiring the new technology systems;
  2. Proceed with voting technology upgrades in 2019-2020 as scheduled, and plan for implementation of the VCA in the 2022 Gubernatorial elections; this option would mean the County acquires more devices for each system to support polling places and then repurposes or returns excess devices when transitioning to VCA; or
  3. Proceed with voting technology upgrades in 2019-2020 as scheduled, and do not plan for implementation of the VCA at this time.

Where: Santa Clara County Board of Supervisors

When: 3/20/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9800&MediaPosition=&ID=90172&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9800    

 

 

Report & direction on Housing Authority governance structure & administration of Section 8 housing programs

On December 12, 2017, the Administration outlined governance options and alternative methods for administering the Section 8 programs in Santa Clara County.

Regarding governance, the Administration recommended maintaining the current two-entity structure.  Under the current two-entity structure, governance could take the form of the Board of Supervisors serving as the Governing Board of the County Housing Authority, or the Board of Supervisors could continue to appoint a Board of Commissioners to govern the County Housing Authority, as it has done since creating the County Housing Authority in 1967.

Regarding options for administering the Section 8 programs, the Administration outlined three options. Among these options would be for the San José Housing Authority to update, but substantially continue its agreement with the County Housing Authority. Under this agreement, the County Housing Authority administers both Section 8 programs, and the County Housing Authority’s governing body would continue to set policies for both programs. This option represents the status quo and would result in the least disruption for landlords and renters who are participating in the two Section 8 programs.

The Board will receive report from the Office of Supportive Housing relating to outreach to and input from participants of Section 8 Housing Programs and may provide further direction to Administration and County Counsel.   Overall, renters and landlords stressed the importance of having one set of administrative policies and one administrator of Section 8 programs countywide.

Regarding governance, the majority of renters expressed that it was important to have Section 8 renters on the governing body. The majority of landlords do not think Section 8 renters should serve on the governing body.

Where: Santa Clara County Board of Supervisors

When:  3/20/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=9800&MediaPosition=&ID=90392&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9800

 

 

City of San Jose

Diridon Station Area Advisory Group to discuss its role & parallel community engagement process

The Diridon Station Area Advisory Group will hold its second meeting and discuss roles, responsibilities, and creating its workplan.

Meeting Purpose and Outcomes:

  1. Review existing conditions and past plans
  2. Discuss specific role, responsibility and outcome of SAAG
  3. Review draft meeting topics, flow and list of background information desired
  4. Discuss community engagement process.

Meeting will include:

– Discussion of and possible action on SAAG’s Role and Operation, including the outcomes of the SAAG process and the way that the SAAG will provide input.

– Presentation on and discussion of the community engagement activities that will occur in parallel to the SAAG meetings. SAAG members can provide input on the types of engagement and timing of each activity.

Where:  San Jose Station Area Advisory Group (SAAG)

When:  March 21, 2018, 6pm, Wing Rooms 118-120

Link to agenda packet: http://www.sanjoseca.gov/DocumentCenter/View/75194

 

 

Adding “criminal activity” as a separate just cause for eviction under the TPO

ACTION: Accept the Staff’s report and provide recommendations to staff on potentially amending the Tenant Protection Ordinance to: Include “Criminal Activity” as a separate just cause basis for eviction to allow a landlord to serve a Notice of Termination of Tenancy when a tenant has been held to answer pursuant to Penal Code Section 872, for a serious felony as defined by Penal Code Section 1192.7(c), as amended, or a violent felony as defined by Penal Code Section 667.5(c), that was committed during his or her tenancy and on the premises. Include an “opportunity to cure” that would require that landlords, prior to serving a Notice of Termination of Tenancy, provide tenant households a written notice to remove the tenant who was held to answer from the unit or the tenant’s name from the lease agreement within a reasonable time, using one of the following methods:

  1. Filing a restraining order or providing evidence of similar steps being taken to remove them from the household; OR
  2. Removing the member of the household who was held to answer and providing written notice to the landlord that said tenant has been removed.

Where: San Jose Housing Commission

When:  March 2, 2018, 5:45 pm

Link to item:  http://sanjoseca.gov/DocumentCenter/View/75832

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/75830   

 

 

Changing local Ellis Act ordinance

ACTION: Accept staff report and provide recommendations to staff on potential changes to the Ellis Act Ordinance, including:

  1. Amending the re-control provisions to:
  2. Subject the greater of either 50% of new apartments built or the number of apartments removed from the market, to the Apartment Rent Ordinance (ARO);
  3. Allow an exemption from the re-control provisions if at least twenty (20) newly constructed rental units are being created, the re-control requirement under this Section will be waived in the event that the Owner:
  4. Develops fifteen percent (15%) of the newly constructed units as on-site affordable rental units consistent with the standards and affordability restriction requirements in the Inclusionary Housing Ordinance, Chapter 5.08 of Title 5 of the San José Municipal Code and its implementing guidelines; and
  5. Develops an additional five percent (5%) of the newly constructed units as on-site affordable rental units restricted at 100% of area median income, but otherwise consistent with the standards in the Inclusionary Housing Ordinance and implementing guidelines.
  6. Include apartments buildings with three units under the Ellis Act.
  7. Require apartments with three units or more built after 1979 to provide 120-day notification to their tenants and the City and to provide relocation consultant services to impacted tenants.

Where: San Jose Housing Commission

When:  March 2, 2018, 5:45 pm

Link to item:   http://sanjoseca.gov/DocumentCenter/View/75831

Link to agenda: http://sanjoseca.gov/DocumentCenter/View/75830

 

 

Updates & accepting comments on Inclusionary Housing Ordinance

The Housing Department is pleased to announce the launch of our updated Inclusionary Housing webpage (www.sjhousing.org/IHO) that includes information about the transition between Affordable Housing Impact Fee (AHIF) and Inclusionary Housing Ordinance (IHO).

We are also in the process of updating the Implementation Guidelines for the Inclusionary Housing Ordinance. Please view the Inclusionary Housing Ordinance Interim Guidelines – DRAFT and submit comments or questions to staff before April 6, 2018.  At this time, the Housing Department has only published the IHO Main Document and will be completing drafts of the guidelines for each subsequent compliance option in the near future.

Please submit comments via email to Tina Vo at tina.vo@sanjoseca.gov and specify the section of the ordinance or the guidelines to which you have questions or feedback.

All questions pertaining to the development of the Inclusionary Housing Ordinance and the Affordable Housing Impact Fee should be directed to Amy Chen at amy.chen@sanjoseca.gov or by calling 408-975-4489.

Where: San Jose

When: n/a

Link to item:   http://www.sanjoseca.gov/civicalerts.aspx?AID=2164

 

 

Mayor Liccardo memo regarding construction workforce standards & related issues

Mayor Liccardo memo recommends that the Committee approve a request to agendize for Council deliberation at the March 27, 2018 City Council meeting, the following:

  1. Private Development Workforce Standards: Direct the City Manager and City Attorney to draft an ordinance requiring specific workforce standards for construction employment on private development projects, in those circumstances where the City is subsidizing the project. Those workforce standards will include provisions mandating prevailing wage, as well as goals and process requirements for apprentice ratios, the hiring of local workers, and targeted hiring from underrepresented subpopulations

City action may trigger such requirements where it commits a subsidy of land or money, or in narrow circumstances, where it grants a fee or tax reduction for reasons other than those fee reductions necessary to make a subcategory of projects financially viable. Investments by the City for such purposes as affordable, rent-restricted housing, or for nearby, public-serving infrastructure (e.g., traffic signals or off-ramps) will not trigger such requirements.

  1. Capital Bond Measure: Direct the City Manager to identify a set of the highest-priority capital projects that the Council should consider placing before the voters as a bond measure during the November, 2018 election. Until better informed by polling and project evaluation, the bond measure should target an aggregate project valuation of $300 million. The City Manager shall further include such a measure in City-funded polling conducted this Spring, and return to Council in late May with a preliminary proposed list of such projects for discussion and public review.
  2. Best-Value Contracting: Direct the City Manager and City Attorney to review Charter provisions that mandate “lowest-cost bidder,” and evaluate what language would best supplant that mandate to enable the City to have better flexibility to avoid hiring poor-performing contractors on city capital projects, similar to other California cities. The City Manager shall further include in City-funded polling this Spring, the testing of a measure required to extract “lowest-cost bidder” requirements from the City Charter.
  3. Community Workforce Agreements: Direct the City Manager and City Attorney to negotiate with all affected labor unions a Community Workforce Agreement to apply to City-funded capital contracts greater than $3 million—increasing annually with CPI—but excluding all City Capital Maintenance Projects, which typically involve maintenance work, such as street repaving.

Where: San Jose Rules and Open Government Committee

When: Wednesday March 21, 2018 2:00 PM, Wing W118-120

Link to item:  http://sanjose.legistar.com/gateway.aspx?M=F&ID=077b7e92-3101-43c0-a19b-d2cec0aa3228.pdf

Link to agenda:   https://sanjose.legistar.com/MeetingDetail.aspx?ID=585990&GUID=9C9E72C7-F44D-49BE-8C12-4E54DFC347AA&Options=&Search=

 

City of Mountain View

Direction on Short-Term Rental regulations

Council report includes data on short-term rentals in the city and an analysis of policies passed by other jurisdictions .

Staff recommends that Council provide direction on whether the Council wishes to:

  1. Allow and regulate STRs in Mountain View.
  2. Further explore enforcement issues related to limiting the number of days that a property may be used as a STR in a year, and/or distinguishing between hosted and/or unhosted rentals.
  3. Require STR operators to certify that they have attained proper insurance.
  4. Require STR operators to provide a local contact person to adjacent properties for complaints and other concerns.
  5. Explore negotiating Voluntary Collection Agreements with STR hosting platforms.
  6. Develop a STR permit and registration process with a cost recovery fee.
  7. Further explore opportunities to contract with vendors who provide STR registration and regulation compliance services.

Based on Council direction, staff will return to Council in the fall with additional information along with Zoning Code amendments and regulations for final consideration, after review by the EPC.

Where: Mountain View City Council

When: March 20, 2018, 5:00pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3379538&GUID=4B018CBF-6AAD-4D70-BEEF-FED302BE7D5C

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=584881&GUID=A3190A59-42A2-4A2D-899B-771400405B40

 

East Side Union High School District

Approving B. Roberto Cruz Leadership Academy Charter Renewal Petition

Staff recommends that the Board of Trustees, subject to the deficiencies noted and remedial recommendations, approve the proposed Luis Valdez Leadership Academy Charter Renewal Petition submitted by The Foundation for Hispanic Education. Staff recommends that the Luis Valdez Leadership Academy charter be renewed for the required five-year term, commencing on July 1, 2018, to end on June 30, 2023.

The Foundation for Hispanic Education and /or its designated representative must submit two final copies of the charter petition inclusive of correction of deficiencies noted in the Staff Report and the ESUHSD Staff Charter School Review Matrix, the redlined copy of the charter petition and electronic copies of both by April 26, 2018. The Foundation for Hispanic Education must negotiate an MOU for Luis Valdez Leadership Academy with the East Side Union High School District by May 17, 2018. Failure to do so could result in the revocation of the charter.

Clifton Larsen Allen, LLP conducted the annual independent audit for the year ending June 30, 2017, with no findings of deficiencies or material weaknesses. The ESUHSD’s review of LVLA’s financial reserves found that the reserves have been less than 1% for three years (2014, 2015 and 2016). Reserves were less than one percent for the year ending June 30, 2017.

Where:  East Side Union High School District

When:  Mar 22, 2018/ 4:00 p.m./ Board Room 830 N. Capitol Ave.

Link to item:   http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AWVQTM6720A7

Link to agenda:   https://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AVGTAP710885

 

 

Approving the Luis Valdez Leadership Academy Charter Renewal Petition

Staff recommend that the East Side Union High School District Board approve the renewal petition for Luis Valdez Leadership Academy for the period July 1, 2018 to June 30, 2023, conditioned on correction of the noted deficiencies by The Foundation for Hispanic Education, as may be stipulated by the Board, and to be approved by the ESUHSD before a Memorandum of Understanding (MOU) is signed.

The Luis Valdez Leadership Academy annual independent audits conducted by Berger Lewis Accountancy Corporation for the year ending June 30, 2013, noted a need to strengthen internal controls and operating efficiency. Clifton Larsen Allen, LLP conducted the annual independent audit for the year ending June 30, 2017, with no findings of deficiencies or material weaknesses.

Where:  East Side Union High School District

When:  Mar 22, 2018/ 4:00 p.m./ Board Room 830 N. Capitol Ave.

Link to item:   http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AWVQTM6720A7

Link to agenda:   https://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AVGTAP71088

 

 

Approving Escuela Popular Revised Charter Renewal Petition

The staff recommend that the East Side Union High School District Board of Trustees approve the renewal petition for Escuela Popular Center for Training and Careers for the period July 1, 2018 to June 30, 2023, conditioned on correction of the noted concerns and deficiencies by Escuela Popular del Pueblo, as may be stipulated by the Board, and to be approved by the ESUHSD before a Memorandum of Understanding (MOU) is signed.

Annual independent audits conducted by Hosaka, Rotherham & Company for the years ending June 30, 2013, June 30, 2014 and Squar, Millner, Peterson, Miranda & Nilamson for the years ending June 30, 2015, June 30, 2016 and June 30, 2017, were “clean” with no findings.

Where:  East Side Union High School District

When:  Mar 22, 2018/ 4:00 p.m./ Board Room 830 N. Capitol Ave.

Link to item:   http://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AWNU3S7681AF

Link to agenda:   https://www.boarddocs.com/ca/esuhsd/Board.nsf/goto?open&id=AVGTAP710885

 

 

San Jose Unified School District, Board of Education

Approving charter renewal petition for DCP – El Camino, despite failure to increase academic achievement

Staff recommend that the Board renew the Downtown College Prep – El Camino Charter School, serving grades 5-8, for a term of five years from 7/1/18 to 6/30/23.

The CA education code states that Districts shall consider increases in pupil academic achievement for all groups of pupils as the most important factor in determining whether to grant the charter renewal. However, and as acknowledged by the petitioners, the petition does not contain verifiable evidence of increases in pupil academic achievement.

In summary, DCP – El Camino does not meet the necessary criteria for comparison academic performance and does not meet the most important factor of increasing pupil academic achievement. In conjunction with the accompanying legal review and the accompanying external review, there is substantial evidence to not grant the charter renewal of DCP – El Camino. However, because of various factors, the charter review team recommends that the Board approve the petition for renewal of DCP – El Camino, subject to a set of conditions.

Where:    San Jose Unified School District, Board of Education

When:  3/15/18, 6:00 PM, Board Room 855 Lenzen Avenue (District Administration Building), San Jose

Link to item: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=783282&IsArchive=0

Link to agenda: http://agendaonline.net/public/Meeting.aspx?AgencyID=123&MeetingID=59901&AgencyTypeID=1&IsArchived=False

 

 

Reverting Bachrodt charter school to district school

Staff recommend that the Board adopt a resolution reverting Bachrodt Charter Academy to a District School. The current charter term of the Bachrodt Charter Academy expires on June 30, 2018 and the governing board of the Bachrodt Charter Academy has taken formal action to allow its charter to lapse on June 30, 2018, with the intent that the school continue thereafter as a District school.

Where:    San Jose Unified School District, Board of Education

When:  3/15/18, 6:00 PM, Board Room 855 Lenzen Avenue (District Administration Building), San Jose

Link to item: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=783042&IsArchive=0

Link to agenda: http://agendaonline.net/public/Meeting.aspx?AgencyID=123&MeetingID=59901&AgencyTypeID=1&IsArchived=False

 

VTA

Approve $67m in Measure A Funds and $9m in SB1 funds for aerial guideway and alignment for Eastridge to BART Regional Connector

The committee will consider approving the grade separated alignment design changes to the Eastridge to BART Regional Connector. The new design would change the vertical alignment from at-grade to aerial through the Ocala Avenue and Cunningham Avenue intersections. With this alignment, the project may reduce significant impacts at these intersections and provides maximum light rail operations and traffic and pedestrians safety.

The cost for the elevated guideway change at Ocala Avenue and Cunningham Avenue is an additional $76 million. Staff considered many funding alternatives and concluded that the combined use of identified Senate Bill 1 (SB-1) Local Partnership Program (LPP) Formula (FY17/18 and FY18/19) funds in the amount of $9 million and the use of 2000 Measure A funded projected savings from the current Measure A projects in the amount of $67 million was the most feasible approach.

Staff recommend that the PAB consider the following recs to the VTA Board of Directors:

1) Approve the design change of the light rail vertical alignment at the Ocala Avenue and Cunningham Avenue intersections to grade separated, resulting in an increase of 1.2 miles of aerial guideway and a final configuration with aerial alignment for the entire 2.3 mile extension of the Eastridge to BART Regional Connector, Capitol Expressway Light Rail Project; and

2) Approve funding strategy that includes use of Senate Bill 1 (SB-1) Local Partnership Program (LPP) Formula (FY17/18 and FY18/19) funds in the amount of $9 million and the use of 2000 Measure A funds in the amount of $67 million to fund the increased capital cost of $76 million for the design change.

Where: VTA Eastridge to Bart Regional Connector Policy Advisory Board

When: Wednesday March 21, 2018 4PM County Building 70 West Hedding

Link to agendahttp://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/ebrc_032118_packet.pdf

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