Liccardo and Carrasco memos: Amending Tenant Protection Ordinance to prohibit landlords from disclosing tenants’ immigration or citizenship status to authorities and adding felony conviction as a just cause basis for eviction
Mayor Liccardo recommends approving an ordinance to:
- Amend the Tenant Protection Ordinance (TPO) to state that the term “nuisance” in the just cause ordinance includes the commission by a tenant of a serious felony as defined by Penal Code Section 1192.7(c), or a violent felony as defined by Penal Code Section 667.5(c), as long as: a. The person allegedly committing the crime was indicted by a grand jury or “held to answer” for that crime pursuant to Penal Code Section 872; b. The felony was committed during the tenancy of the person who was indicted or held to answer; c. The felony was committed by an adult; and d. The Notice ofTermination of Tenancy was properly served on all tenants in the household within 90 days of the discovery by the property owner of the judicial determination of probable cause (i.e., the indictment or preliminary examination).
- Include a right of repossession and reinstatement in the next available unit, under the preexisting contractual terms and rent, where an acquittal or dismissal results from the criminal charges.
- Specifically prohibit the use of past criminal history committed prior to the individual’s tenancy as the basis for eviction under the basis of “nuisance” in the TPO.
- Include an “opportunity to cure” that provides that a landlord may not proceed with an eviction on the basis of criminal activity if the tenant household files a restraining order or provides evidence of similar steps being taken to remove the tenant who was held to answer for a serious crime listed above. a. Landlords shall serve tenant households, before or at the same time as the Notice ofTermination ofTenancy (for per se nuisance), with written notice of the household’s opportunity to cure.
- Include provisions that protect tenants who are immigrants and tenants who are victims of domestic violence by:
- Prohibiting landlords from harassing, intimidating, threatening, or evicting a tenant because of their immigration or citizenship status and from disclosing the immigration or citizenship status of a tenant to any immigration authority or law enforcement agency, except to comply with a legal obligation under federal law, or subpoena, warrant, or court order, in compliance with Civil Code Section 1940.35(a), Code ofCivil Procedure Section 1161.4, and Penal Code Section 518- 19;
- Requiring landlords to post a notice in common areas, in the three most commonly-spoken languages, stating: It is illegal for a landlord to harass, intimidate, threaten, or evict a tenant because of their immigration or citizenship status. It is also illegal for a landlord to disclose the immigration or citizenship status of a tenant to any immigration authority or law enforcement agency, except to comply with a legal obligation under federal law, or subpoena, warrant, or court order;
- Including a provision that states that nothing in the ordinance “shall abrogate the protections afforded to survivors of violence consistent with California Code of Civil Procedure Section 1161.3, as amended, and the Violence Against Women Act, Public Law 103-322, as amended,” as recommended by staff.
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=55c7bd4f-0bf4-47b5-9f4a-60a4002d032b.pdf
Vice Mayor Carrasco recommends the following actions:
- Approve staff recommendation (a) of the memorandum dated April 6, 2018.
(a) Include a provision that prohibits landlords from disclosing or threatening to disclose tenants’ and/or associates of tenants’ immigration or citizenship status to authorities for the purposes or intent of retaliation, harassment, intimidation, or recovering possession of a rental unit consistent with Civil Code 1940.35(a), as amended;
- Reject staff recommendation (b) of the memorandum dated April 6, 2018.
(b) Include “Felony Conviction” 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 convicted, 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. Require that landlords, prior to serving a Notice of Termination of Tenancy, provide tenant households a written notice to remove the tenant who was convicted 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 convicted and providing written notice to the landlord that said tenant has been removed.
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=16dd6ee6-531e-4e43-856f-89c4fb33f3c9.pdf
Where: San Jose City Council
When: Tuesday, April 24, 1.30pm, City Chamber
Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3185
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=594709&GUID=01C9FB99-4023-4917-9639-0382EB971BB5
Approve statement of intent to maintain zoning at Convention Center – South Hall as “Public Quasi Public”
Staff memo not yet posted.
The Council will approve the Statement of the City Council’s intent to maintain the General Plan and zoning designation of the property located at 435 S. Market Street, the current site of the Convention Center South Hall Site, planned expansion of the San Jose Convention Center, as Public Quasi Public (PQP).
Where: San Jose City Council
When: 5/1/18, 1:30 PM, City Council Chambers, City Hall, San Jose
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3478309&GUID=E4496B32-7C15-41F5-A19F-14FEB5C8C8A0&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=594710&GUID=A96F9F81-6FE4-4CB6-B0C0-CB9FF90BD960&Options=&Search=
Approving procedures for State density bonus, parking reduction, and local incentives for developments including affordable housing; BIA asking for changes
The proposed ordinance would implement the State Housing Density Bonus law by establishing procedures for consideration of requests for density bonuses, and development incentives and waivers for development projects that include restricted affordable housing units. Proejcts which include affordable housing at set percentages will be eligible to receive a density bonus, parking reduction, and setback reductions.
The BIA has criticized the proposed ordinance and asked for changes. Some of those changes were included. They asked for further changes including: expand the types of automatic incentives offered in the Ordinance, eliminate the requirement for unit disbursement [sic], and include a provision that all density calculation resulting in fractional units be rounded up to the next whole number. Staff is not proposing to add additional automatic incentives, nor to change the disbursement requirement. Fractional units will be treated according to current State law.
Where: San Jose City Council
When: 5/1/18, 1:30 PM, City Council Chambers, City Hall, San Jose
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3468119&GUID=FA79F09B-0DBF-4060-9BC5-BD204947968C&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=594710&GUID=A96F9F81-6FE4-4CB6-B0C0-CB9FF90BD960&Options=&Search=
Report on the cost of development in San José
The Council will accept staff’s report on the Cost of Development in San Jose. The purpose of this memo is to provide background information in advance of the April 23, 2018 City Council Study Session on the Cost of Development in San Jose. The May 1, 2018 City Council meeting will include a follow-up item from the Study Session to allow Council to hear further from consultants and staff about development feasibility for multi-family residential development. Together, these items are intended to provide City Council with a high level overview of the local real estate market, and the impact of direct City costs on housing development.
Where: San Jose City Council
When: 5/1/18, 1:30 PM, City Council Chambers, City Hall, San Jose
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3479264&GUID=A828B90B-101C-4BA6-B011-E2839F4801A6&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=594710&GUID=A96F9F81-6FE4-4CB6-B0C0-CB9FF90BD960&Options=&Search=
Study session on “Cost of Development” and direction on providing fee breaks to developers
Purpose: Discuss the total cost of development in San Jose and how different fees and taxes impact the ability of development projects to move forward.
Outcome: Provide the City Council with a greater understanding of the aggregate impact of all the fees that the City imposes on housing development and construction.
Provide the City Council with a greater understanding of the aggregate impact of all the fees that the City imposes on housing development and construction
Agenda will include a staff report on the “Cost of Development in San Jose”; a Keyser Marston report presenting a conceptual pro forma analysis to illustrate current market conditions for high density apartment development; a presentation from the Urban Land Institute; a presentation from staff on current fees and taxes; and Council discussion.
Where: San Jose City Council
When: Apr. 26, 2018, 1:30 pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3484636&GUID=12A76C23-47E6-4361-979B-5058A10287B6
Link to agenda: http://sanjose.granicus.com/AgendaViewer.php?view_id=51&event_id=3074
Accepting Affordable Housing Investment Plan report
Staff recommend accepting the staff report regarding the FY 2017/18 – FY 2021/22 Affordable Housing Investment Plan and provide direction to the Administration on the potential strategies to explore further to help meet the City Council’s goals for affordable housing production.
Where: San Jose Community and Economic Development Committee
When: Monday, April 23, 1.30pm, Wing Rooms W118-120
Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3116
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=594709&GUID=01C9FB99-4023-4917-9639-0382EB971BB5
Approve design-build procurement and RFP for $50M construction of new gates at San Jose International Airport
The Airport’s unprecedented growth of passenger traffic has led to increased demand for additional aircraft gates. To address this demand, the Airport is proposing the construction of an Interim Facility, which would include 4 additional gates with accompanying hold room space. The Interim Facility is estimated to cost approximately $50 million, and staff will recommend financing the cost through the City’s Airport commercial paper program. Debt service for the commercial paper would be paid from the increased revenue resulting from the utilization of these 4 gates.
The Council may:
(a) Adopt a resolution in accordance with San Jose Municipal Code Section 14.07.310:
- Finding that the cost of the proposed design-build contract for the Terminal B Interim Facility Project (the “Project”) at the Norman Y. Mineta San Jose International Airport will exceed $5,000,000, and that the use of the design-build delivery method process is likely to save money and/or result in faster Project completion than if the City used the traditional design-bid-build method of project delivery;
- Approving the Request for Proposals (“RFP”) and the evaluation criteria and process by which the City shall select a design-build entity for the Interim Facility Project; and
- Authorizing the Acting Director of Public Works to issue addenda to the RFP to add any additional requirements or to make such other revisions to the RFP that are consistent with the scope and selection criteria as approved by Council; and
(b) Adopt a resolution finding that the Airport traffic and transit improvement conditions set forth in Part 4 of Chapter 25 of the San Jose Municipal Code have been met and that the City may therefore expand the number of air carrier gates at the Airport beyond the existing thirty (30) gates, as provided in the Airport Master Plan.
Approval will authorize staff to advertise a Request for Proposals (RFP) for soliciting a design-build entity to design and construct the proposed Interim Facility Project at the Airport that will provide four new aircraft gates on the south end of Terminal B. Staff anticipates bringing a recommendation for award of the Best Value Proposer to Council in June 2018.
Where: San Jose City Council
When: 5/1/18, 1:30 PM, City Council Chambers, City Hall, San Jose
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3465626&GUID=16A9BECA-0EE5-4C03-A7ED-95BE3B4E8561&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=594710&GUID=A96F9F81-6FE4-4CB6-B0C0-CB9FF90BD960&Options=&Search=
City of Santa Clara
Direction on possible infrastructure ballot measure
The presentation at the Study Session will inform the City Council and public regarding the City’s current assessment of infrastructure replacement and rehabilitation needs. Based on Council discussion, staff will bring forward options for Council consideration regarding a possible ballot measure for infrastructure funding at the May 22, 2018 Council Meeting.
Where: Santa Clara City Council
When: April 24, 2018, 5 pm
Link to agenda: https://santaclara.legistar.com/View.ashx?M=A&ID=598850&GUID=5D61A132-A1CD-4EA1-A606-A0625BE03858
City of Sunnyvale
Study session on the El Camino Real Corridor preliminary development plans
The Study Session will include a presentation and preliminary development design guidelines for the “El Camino Real Corridor.”
Where: Sunnyvale City Council
When: April 24, 2018/6:00 p.m./Council Chambers
Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=3482343&GUID=C66C0179-8907-4904-B971-93A4C12FD3C1&Options=&Search=
Link to agenda: https://sunnyvaleca.legistar.com/DepartmentDetail.aspx?ID=24675&GUID=92003858-11AA-4C13-A98E-15FFEAD40EC0&Mode=MainBody\
City of Mountain View
Discussing Zero Waste Policy and new solid waste agreements to begin in 2021
The purpose of this Study Session is to begin preparation for new solid waste collection, processing, and disposal agreements to replace the agreements expiring in 2021; and to provide an update on zero waste planning efforts and introduce a draft Zero Waste Policy.
Mountain View’s solid waste and recycling collection, processing, and disposal system is made up of services provided by three separate entities under different agreements with Recology Mountain View (collection services and recycling center), SMaRT Station (processing and sorting waste materials); and Waste Management (disposing solid waste at landfill). The three agreements are budgeted at over $22 million annually (representing over 75 percent of Solid Waste Fund expenditures), and all three expire in late 2021. Given the large expenditures and that the processing and landfill agreements have been in place since 1991, this is a significant event in the history of the City’s solid waste system.
Staff seeks input from Council on the following:
- Is the Council comfortable with the approach of adopting a Zero Waste Policy and a focused Action Plan to inform the decision-making related to the future solid waste agreements?
- Any there any revisions desired to the draft Zero Waste Policy?
- Does Council have any initial thoughts about the future of the SMaRT partnership, existing or possible new diversion programs, or the solid waste agreements?
Anticipated timeline for new solid waste agreements includes finalizing the Zero Waste Policy by June 2018, finalize a Zero Waste Action Plan by Spring 2019, prepare agreement extensions and issue new service solicitations by Fall 2019, and finalize agreements by Fall/Winter 2020.
Where: Mountain View City Council
When: April 21, 2018, 5:30pm
Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3483448&GUID=E0F91CF0-A6B5-4D9D-A06C-96E86B44650A&Options=&Search=
Link to agenda: https://mountainview.legistar.com/MeetingDetail.aspx?ID=601836&GUID=4B8274D8-F34E-4222-8B25-FA0F79F8785C&Options=info&Search=
City of Palo Alto
Direction on potential ballot measures to fund infrastructure & community assets projects
This report will be produced on Thursday, April 26, 2018.
Where: Palo Alto City Council
When: April 30, 2018/5:00 p.m./Council Chambers
Link to item: https://www.cityofpaloalto.org/civicax/filebank/documents/64666
Link to agenda: https://www.cityofpaloalto.org/gov/agendas/council/default.asp
San Jose-Evergreen Community College District
Approving Compensation Agreement (Diridon Properties) —estimated revenue for District is $2.4M
The Successor Agency to the Redevelopment Agency of the City of San Jose, the City of San Jose, and the County of Santa Clara negotiated and approved a Compensation Agreement for properties the City of San Jose desires to retain for future development, which is consistent with the Successor Agency’s Long Range Property Management Plan that was approved by the State Department of Finance in 2014. While the properties will be transferred to the City for $0, pursuant to the Compensation Agreement, the City will transfer revenues received from the sale of the properties to the County for distribution to the taxing entities. The estimated amount of revenue for the San Jose-Evergreen Community College District is $2,471,000 and is anticipated to be transferred by the end of the first quarter of 2019.
Where: San Jose-Evergreen Community College District
When: April 30, 2018/6:00 p.m./San Jose City College
Link to item: http://www.boarddocs.com/ca/sjeccd/Board.nsf/goto?open&id=AXWPBC5F6930
Link to agenda: https://www.boarddocs.com/ca/sjeccd/Board.nsf/Public#tab-meetings
Santa Clara USD
Approving Compensation Agreement (Diridon Properties)— included are 8 parcels, est. value, $67 million
The Successor Agency of the Redevelopment Agency of the City of San Jose is seeking to retain and dispose of certain former redevelopment agency property, and seeks approval of a “Compensation Agreement—Regarding the Transfer of Property for Future Development,” presented before the Board. The City and County have already approved the Agreement, and it is awaiting approval by other taxing entities within the former agency’s boundaries including the District. The successor agency’s long range property management plan and involves eight parcels within the City of San Jose: 8, 102, 105 South Montgomery Street, 510 West San Fernando Street and 645 Park Avenue.
The Agreement provides that the successor agency will transfer the properties to the City of San Jose. The properties will be transferred to the City in their “as is” condition, and the District will not be liable for any claims related to the properties’ condition. The City will then select a developer(s) and negotiate a sale of the properties to the developers for the properties’ fair market value. If the City does not dispose of the properties to a developers by the specified deadline, it can acquire them by paying the fair market value. The fair market value shall be no less than $67 million. If the properties are not sold or acquired by the City within the specified period, the properties will be disposed of by a competitive bidding process. Upon close of escrow, the sale proceeds shall be sent to the Auditor-Controller for distribution according to the formulas within Health and Safety Code section 34188. The City estimates that the District’s allocation will be approximately $8.5 million and will be transmitted to the District is the first quarter of 2019.
The City has requested that the Superintendent execute the Agreement on behalf the District. As noted, the City, County, County Auditor-Controller, and Successor Agency, and their respective counsel, have reviewed and approved the Agreement. The District’s counsel, Kronick, Moskovitz, Tiedemann & Girard, and the District’s redevelopment consultant, Public Economics, Inc., have reviewed the Agreement and believe it is consistent with applicable law and procedure. It should be noted, however, that future legal challenges or legislation could impact any distributions, but legal counsel is presently unaware of any such litigation or legislation. It should also be noted that the Successor Agency will likely seek to dispose of additional properties in the future, so the District may be called upon to approve similar agreements at that time.Proceeds will be distributed to taxing entities within the former agency’s boundaries including school districts. Health and Safety Code, specifically provides that if a city or county wishes to retain any former agency properties for its own development, funded from its own funds and under its own auspices, it must reach agreement with the other taxing entities and provide payments to them.
Where: Santa Clara USD
When: April 26, 2018/5:00pm/ District Board Room
Link to item: http://agendaonline.net/public/Meeting/Attachments/DisplayAttachment.aspx?AttachmentID=802253&IsArchive=0
Link to agenda: http://agendaonline.net/public/Meeting.aspx?AgencyID=209&MeetingID=57403&AgencyTypeID=1&IsArchived=False
VTA
Community Outreach Meetings for development around future BART stations
VTA wil hold a series of meetings to get community input and hear feedback on potential housing and transportation access planning for the BART extention to Silicon Valley. VTA has initiated a study to identify strategies to develop housing and commercial space near three future BART stations (Alum Rock/28th Street, Downtown San Jose, and Santa Clara). A similar effort for the Diridon Station area is being conducted as a separate planning effort. The FTA funded study is known as the Transportation-Oriented Development (TOD) Corridor Strategies and Access Planning Study, also referred to as the TOD/Access Study.
Working with BART and the cities of San Jose and Santa Clara, the 15-month study will support and implement local community visions for station development. It will focus on feasible and implementable land use strategies and financing tools to maximize transit ridership and TOD.
Where: VTA BART Silicon Valley Phase II Project
When: April 24, 2018, 5:30 pm – 6:30 pm
MLK Library – 3rd Floor Conference Room, 150 E San Fernando St, San Jose
April 25, 2018, 5:30 pm – 6:30 pm Mexican Heritage Plaza, 1700 Alum Rock Ave, San Jose
April 26, 2018, 5:30 pm – 6:30 pm Santa Clara Police Department, 601 El Camino Real, Santa Clara
Link to agenda: http://www.vta.org/News-and-Media/Connect-with-VTA/VTA-Kicks-Off-TOD-Study-for-BART-Phase-II#.Wttun9PwYn1
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