Policy Watch: Week of 10/22

City of San Jose

Direction on North SJ Area Development Policy; staff proposes advancing development of up to 8,000 housing units & funding transportation improvements 

The North San Jose Area Development Policy was first adopted in 2005, and in 2016 the Council directed staff to analyze the possibility of amendments to the plan. These amendments focused on increased residential development, including the build out of supportive transportation infrastructure and amenities (e.g. restaurant, retail) to make North San Jose a more compelling place to live. This residential development focus became even more important in June 2018, when North San Jose’s development became one of the potentially most impactful parts of the City’s Housing Crisis Workplan.

Currently, housing development has stalled because commercial development, which will generate fees for supportive transportation infrastructure, is not proceeding at the same pace as housing. Without these fees to support traffic mitigation improvements planned in the Policy, the entitlement of more housing in North San Jose cannot proceed.

As it stands, the Policy has 4 phases which each delineate housing and commercial development benchmarks which must be hit before proceeding to the next phase. Staff propose amending the plan to consolidate into 2 phases instead of 4. This change will speed up housing production and modifies the phasing of already-identified transportation improvements to most effectively meet the area’s transportation needs.

In early Spring 2019, staff intends to present to City Council a proposal for amendments to the North San Jose Development Policy that will allow 8,000 housing units to move forward in this growth area.

The proposal will also accelerate investment in the area’s transportation network. This re-phased transportation plan will deliver projects faster and that are the most effective in supporting the transportation needs of North San Jose. The City has already collected $55 million for transportation improvements in the area. In addition, Santa Clara County Measure B invests approximately $6.3 billion in the transportation network, including a number of improvements planned for North San Jose.

 

Where:  San Jose Community and Economic Development Committee

When:  10/22/18, 1:30PM

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=3687174&GUID=F0E0988E-558B-4BF4-A741-3F8F74212906

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=619799&GUID=DCE1DF6E-9988-4438-A7E9-7917633782BF

 

Updating citywide urban design guidelines, staring with Downtown/Diridon

The City received a grant from the Knight Foundation to update its urban design guidelines, and hired a new planner position to do so (filled by an internal promotion). Supposedly, it hopes to transition from its suburban past to a more “urban and engaged future.” It will move forward using a phased strategy, in the following order: Downtown, Residential and Commercial, Berryessa BART area and Historic District. Guidelines will include three main sections: rules on the arrangement of activities on a given site; building architecture and façade design, and building interaction with pedestrian zones.

An integrated set of guidelines for the Downtown and Diridon Station Area is the first phase of the update process. The first of two community workshops was held on April 19, 2018. The second community workshop to review the revised draft document will be scheduled in December 2018.

Staff anticipates finalizing the Downtown Design Guidelines document in January 2019. The Planning Commission public hearing is anticipated in February 2019, with final City Council action in March 2019.

Where:  San Jose Community and Economic Development Committee

When:  10/22/18, 1:30PM

Link to item:   http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=4142

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=619799&GUID=DCE1DF6E-9988-4438-A7E9-7917633782BF

 

Consider expanding boundaries and re-designating land use to increase employment and commercial opportunities around future Berryessa BART

Beryessa BART, scheduled to open by December 2019, is going to comprise a taxpayer investment of over $2 billion. To take maximum advantage of this investment, ensure “farebox” return and high ridership, it is important that the area surrounding the new development is made denser. As it stands, it is a largely industrial zone and there is interest in making there be more commercial capacity.

Direction: Staff should consider 2 main things as the Beryessa Urban Village planning process unfolds:

1) Consider expanding boundaries and reconsidering land use designations to better capture additional employment opportunities, particularly for office and R&D

2) Study ways to preserve the remaining industrial properties that may be included within the Urban Village, while allowing additional commercial capacity.

Where: San Jose Rules and Open Government Committee

When:  10/24/18, 2PM

Link to item:  https://sanjose.legistar.com/LegislationDetail.aspx?ID=3706006&GUID=E48A9F85-BFEE-4F89-A71B-5F1C9730CAF2

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=612842&GUID=43F649B6-D0AD-4916-93CF-C95E1EB2B308

 

Update on Janus; Public employers required to provide unions with orientation and contact info for new employees

Legal update on the Janus decision and implications.

In addition, the city attorney provides a legal memo to advise council of another new (2017) law regarding union access to new employee orientation information.

Effective June 27, 2017, public employers, like the City of San Jose, are required to provide unions mandatory access to the public employer’s new employee orientations. New employee orientation means the onboarding process, whether in person, online, or through other means, pursuant to which new employees are advised of their employment status, rights, benefits, duties, and responsibilities, or any other employment-related matters. The City complies with this requirement and does provide unions access to new employee orientations.

The law also requires public employers to provide a union with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the public employer, and home address of newly hired employees within 30 days of hire or by the first pay period of the month following hire. The public employer is also required to provide the union with this information for all employees in the bargaining unit at least every 120 days, unless more frequent or more detailed lists are required by an agreement with the union. The Public Employment Relations Board has jurisdiction over a violation of these provisions.

Where: San Jose City Council

When: Tue, October 23, 2018, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3697819&GUID=AC092DB0-194A-47BB-A2AD-EDDBDB64E9B4

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610822&GUID=F5009E1C-F966-4007-80BA-2A420830B040&Options=&Search=

 

Update on operations agreements for City-owned cultural facilities; 3 agreement up for renewal at end of year

The committee will hear an overview of the City’s contracts with nonprofit partners to operate cultural facilities owned by the City. By the end of FY 18-19, three agreements with cultural facility operators will be up for renewal: the agreements with San Jose State University (SJSU), History San Jose (HSJ), and Team San Jose.

City-owned cultural facilities with operations contracts include: California Theatre, Center for the Performing Arts, Children’s Discovery Museum, City National Civic Auditorium, Susan and Phil Hammer Theatre Center, History Park in Kelley Park, Mexican Heritage Plaza, Montgomery Theatre, Peralta Adobe – Fallon House Historic Site, San Jose Museum of Art, and The Tech Museum of Innovation.

These serve as generators of cultural interest and are tourist attractions in the city. The City provides operations and management subsidies to each, ranging from $285,000 to 1,105,000. These subsidies were reduced this year to account for a shortfall, differentially according to the needs of each institution. There is also a Cultural Facilities Capital Maintenance Matching Fund, established in FY 12-13, and annually each facility works with the City to determine projects for the funds, projects which address the facilities’ life cycle needs.

Where:  San Jose Community and Economic Development Committee

When:  10/22/18, 1:30PM

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=3687195&GUID=D91190F3-3B8D-4430-9137-EE9E7C521A4A

 

Council Members Peralez, Carrasco, Arenas, Khamis issue memo to oppose Public Charge rule; Liccardo, Jones, Jimenez & Davis also issue memo

Council members Peralez, Carrasco, Arenas and Khamis issued a memo recommending that council direct the City Attorney to submit a statement opposing the proposed Public Charge rule by December 10, 2018. In addition, the memo recommends that the city work with Santa Clara County’s Office of lmmigrant Relations and partnering agencies to participate in a robust communications campaign. Finally, the memo recommends that council direct staff to present a brief information memo with an update on outreach efforts.

Mayor Liccardo and CMs Jones, Jimenez, and Davis also issues a memo recommending to adopt a resolution opposing the proposed Public Charge rule, and direct the City Attorney’s Office to submit a statement on behalf of the City during the public comment period.

Original item:  Staff recommend that council adopt a resolution opposing the proposed Public Charge rule released by the Department of Homeland Security and direct the City Attorney’s Office to submit a statement opposing the proposed rule during the public comment period.

On September 22, 2018, the United States Department of Homeland Security released proposed changes to the Public Charge rule, expanding the definition of benefits that could be considered in a Public Charge determination that could negatively impact immigration green card applications to include key health care, nutrition, and housing programs that help participants meet their basic needs, including Non-Emergency Medicaid (with some exceptions), Supplemental Nutrition Assistance Program, Medicare Part D Low Income Subsidy, and Housing Assistance (public housing or Section 8 housing vouchers and rental assistance).

The proposed changes will have a direct negative effect on local economies and well-being by discouraging immigrants from using essential public programs to secure food, health care, and shelter for which they are eligible in fear of jeopardizing the opportunity to gain Lawful Permanent Resident status in the future.

Where: San Jose City Council

When: Tue, October 23, 2018, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3698703&GUID=17B700AA-5622-4823-9F20-8399F7798390&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610821&GUID=4AE6CE66-2099-4723-B04D-BF5107157BFD&Options=&Search=

Link to agenda:   https://sanjose.legistar.com/View.ashx?M=A&ID=619799&GUID=DCE1DF6E-9988-4438-A7E9-7917633782BF

 

City of Palo Alto

Amending the Municipal Code and Council Procedures and Protocols to Conform to a Seven-Member Council

This report will be produced on Thursday, October 25, 2018.

Where:  Palo Alto City Council

When:  October 29, 2018/6:00 p.m./ Council Chambers

Link to item:   https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=59203.53&BlobID=67350

Link to agenda:   https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=51923.98&BlobID=67346

 

Franklin-McKinley School District

Approving charter renewal for KIPP Heritage

Staff recommend that the Board approve the KIPP Heritage Charter Renewal. KIPP Heritage Academy has operated a charter school within the Franklin-McKinley School District since the fall of 2014. KIPP Heritage is an independent Charter School that is housed within Franklin-McKinley School District facilities, and serves students in and outside the district boundaries.

There will be a public hearing for the KIPP Heritage Charter School Renewal. The petition has been submitted and will be reviewed by FMSD personnel over the next few weeks.

The public hearing will be held on October 23, 2018 at 8:00 pm in the District’s board room.

Where:    Franklin-McKinley School District

When:  October 23, 2018/8:00 p.m./District Service Center – Board Room

Link to item:   http://www.boarddocs.com/ca/fmsd/Board.nsf/goto?open&id=B5DRDU676AB1

Link to agenda:   https://www.boarddocs.com/ca/fmsd/Board.nsf/vpublic?open

 

Appointing Board members for 4 year-terms—Thanh Quoc Tran, Rudy J. Rodriguez, and Kerry D. Rosado

Staff recommend that the Board approve the appointment of Kerry D. Rosado to the Board of Education for a 4-year Term.

Three current Board Members’ terms of the FMSD Board expire in December 2018 and those Board Members were eligible to seek re-election for another four-year term. The District has received written notification from the Santa Clara County Registrar of Voters that only three persons timely filed Declarations of Candidacy for election to the three open 4-year seats: Board Members Thanh Quoc Tran and Rudy J.Rodriguez, and community member Kerry D. Rosado. According to the Registrar of Voters, no petitions requesting that the election be held have been presented to the Registrar of Voters. Therefore, Thanh Quoc Tran, Rudy J. Rodriguez, and Kerry D. Rosado are deemed appointed to the Board of Education, each for a four year term, and shall be seated at the organizational meeting of the Board and shall qualify, take office and serve exactly as if elected at a district general election for such office.

Where:    Franklin-McKinley School District

When:  October 23, 2018/8:00 p.m./District Service Center – Board Room

Link to item:   http://www.boarddocs.com/ca/fmsd/Board.nsf/goto?open&id=B5MN925D0FB1

Link to agenda:   https://www.boarddocs.com/ca/fmsd/Board.nsf/vpublic?open

 

Appointing Rudy J. Rodriguez to the Board of Education for a 4-year-term

Staff recommend the appointment of  Rudy J. Rodriguez to the Board for a 4-year term.  Three current Board Members’ terms of the FMSD expire in December 2018 and those Board Members were eligible to seek re-election for another four-year term.

The District has received written notification from the Santa Clara County Registrar of Voters that only three persons timely filed Declarations of Candidacy for election to the three open 4-year seats: Board Members Thanh Quoc Tran and Rudy J. Rodriguez, and community member Kerry D. Rosado will be appointed to the Board, and shall be seated at the organizational meeting of the Board.

Where:    Franklin-McKinley School District

When:  October 23, 2018/8:00 p.m./District Service Center – Board Room

Link to item:   http://www.boarddocs.com/ca/fmsd/Board.nsf/goto?open&id=B5MUYT705D86

Link to agenda:   https://www.boarddocs.com/ca/fmsd/Board.nsf/vpublic?open

 

Santa Clara County Board of Education

Approving charter renewal for Rocketship Fuerza Community Prep

Staff recommend that the Board approve the Renewal Petition as reviewed in the Staff Analysis, approve the renewal of Rocketship Fuerza Community Prep, for the period of July 1, 2019, through June 30, 2024.

The charter for Rocketship Fuerza Community Prep (Fuerza or Rocketship Fuerza or RSF) expires on June 30, 2019.  This charter was initially denied by the Alum Rock Union School District as Rocketship Alum Rock, and was approved on appeal to the Santa Clara County Board of Education (County Board) on June 18, 2014.  Rocketship Fuerza serves 600 students TK-5 and is seeking an additional five years for a term of July 2019 to June 2024.

On September 19, 2018, the County Board held a public hearing on the charter school’s petition for renewal. A copy of the renewal petition can be found here.

Where:   Santa Clara County Office of Education

When:  October 24, 2018/5:00 p.m./San Jose Room – Board Room

Link to item:   http://www.boarddocs.com/ca/sccoe/Board.nsf/goto?open&id=B2B2D570423F]

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

 

Santa Clara Valley Water District

Accept the resignation of Anthony Bennetti PFFC Director, as of Sept. 20 — and direct the Clerk on how to fill the vacancy

Staff recommend that the Board:

  1. Accept Resignation of Public Facilities Financing Corporation Director Anthony Bennetti;
  2. Adopt the Resolution EXPRESSING APPRECIATION TO ANTHONY BENNETTI;
  3. Discuss the Public Facilities Financing Corporation Board of Directors vacancy and provide direction to the Clerk of the Board as to how the Board wishes to fill the vacancy; and
  4. Adopt a Resolution FILLING THE VACANCY ON THE PUBLIC FACILITIES FINANCING CORPORATION BOARD OF DIRECTORS.

On September 20, 2018, Mr. Anthony Bennetti, PFFC Director, notified the Clerk of the Board by email of his resignation from the PFFC Board effective immediately, due to moving out of the county.

The following are options the District Board may wish to consider in filing the PFFC Board vacancy:

  • When the District Board last conducted interviews in February of 2017 there were two candidates.  One option could be to request the Clerk of the Board to contact the candidate who was previously interviewed, but not selected, Mr. Jan Garrod, and determine his current interest in serving on the PFFC Board; and if he’s still interested, schedule a time for a District Board interview.  Attached for information is a copy of Mr. Garrod’s application (Attachment 4).
  • Another option could be to request the Clerk of the Board advertise the PFFC Board vacancy to solicit Letters of Interest, determine an application deadline, and schedule a time for District Board interviews.
  • A final alternative option could be to adopt a resolution (Attachment 5 – sample resolution of appointment) making an appointment to the PFFC Board filling the current vacancy.

Where:    Santa Clara Valley Water District Board of Directors

When:  October 23, 2018/5:00 p.m./ District Headquarters Board Room

Link to item:  https://scvwd.legistar.com/LegislationDetail.aspx?ID=3693112&GUID=1A7B1A11-FA22-4E48-801B-4C4A7BBAB380

Link to agenda:   https://scvwd.legistar.com/Calendar.aspx

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