Policy Watch: Week of 10/23

County of Santa Clara

ALUC to consider San Jose’s proposed amendment to  Diridon Station Area Plan 

Pursuant to State Law, anytime a Specific Plan is proposed within the Airport Influence Area (AIA) of an adopted CLUP, a referral must be made to the County ALUC for a consistency determination. The City must refer the application to the ALUC to provide a consistency determination with the appropriate CLUP policies prior to final approval.

The subject referral is a General Plan Amendment for the Diridon Station Area Plan (DSAP), which is the expansion of the existing Diridon Station Plan area immediately south of the SAP Center in downtown San Jose. Generally, the amendment results in a reduction of planned housing dwelling units, from 8,480 to 7,680 and planned job capacity in the area from 22,100 to 21,941.

The project site is located within the San Jose International Airport (SJC) Airport Influence Area (AIA), between SJC and the Downtown Core area. However, only a small portion of the area affected in the subject General Plan Amendment is within the SJC AIA. Therefore, the analysis of this report will be limited to that portion of the DSAP within the AIA.

Staff report states that the proposed amendment does not conflict with Noise or Safety policies. They suggest a minor amendment relating to heights protruding above buildings to ensure compliance with FAA height restrictions.

Should the ALUC find the subject Specific Plan request consistent, the City of San Jose will include the ALUC determination in the final action of the City of San Jose City Council.  If the City of San Jose Staff is not satisfied with the ALUC determination, the City may initiate the overrule process, which requires a two-thirds vote of the local agency’s governing body, supported by specific findings which demonstrate that the plan(s) satisfy the purposes of the State Aeronautics Act {PUC 21670 et seq} and guidance of the state’s Airport Land Use Planning Handbook.

Where: Santa Clara County Airport Land Use Cmte

When: Oct. 25, 2017, 6 pm

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=8251&MediaPosition=&ID=88695&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8251

 

City of San Jose

Deciding whether to adopt a CWA/PLA policy for public works projects

Council will consider accepting the Community Workforce Agreement/Project Labor Agreement (CWA/PLA) Task Force Report and provide further direction to staff as to whether to develop and implement a CWA for City-funded CIP public works construction contracts. Such a CWA would be brought back to Council for formal approval.

The Task Force recommendations where there is agreement and consensus include:

  • PLA vs CWA
    • No single-project PLA – Rather wrap around multi-project labor agreement known as a CWA.
  • Project Type
    • Projects subject to a CWA only apply to Capital Improvement Program (CIP) public works construction projects.
    • CWA does not apply to:
      • Federally-funded CIP public works construction contracts;
      • City-funded affordable housing loan agreements; or
      • Private construction projects.
    • Duration
      • Duration would be five (5) years with an annual reporting requirement in the form of an Information Memo including metrics and goals, an 18-month formal check-in with the City Council, and an option to extend the CWA.
    • Local Hire
      • No local hire requirement – defer issue to separate policy work (Current Council Priority #2 via CED Committee) subsequent to completion of the Labor Market Study.
    • Targeted Hire
      • Include a good faith tiered targeted hire program for apprentices from underrepresented groups with a 25% good faith goal for apprentices from underrepresented groups – similar to Santa Clara County PLA and VTA CWA policy.
    • Liquidated Damages
      • Impose liquidated damages for any CWA work stoppages.

The Task Force accepted four areas where there was no agreement or consensus, which include:

  • Threshold
    • Minimum dollar threshold for projects subject to a community workforce agreement.
  • Exceptions/Exemptions
    • Inclusion of possible exceptions/exemptions.
  • CWA Exemption for Small Businesses
    • Inclusion of exemption for small businesses with subcontract value of <$25k.
  • Core Workforce
    • CWAs/PLAs usually include a core workforce provision.
    • Core workforce provisions typically specify that a contractor can only use a certain percentage of his/her own workforce on a project and must pull the rest of the workforce from the union hall.

Where: San Jose City Council

When:  October 24, 2017 1:30 PM City Hall

Link to item:  Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5444247&GUID=8F58917E-24B6-441A-820C-2DEBB040808B

Supplemental Task Force Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5504896&GUID=9D2A4230-8E31-47EC-8CB0-58FA58496058

Supplemental Memo 2: https://sanjose.legistar.com/View.ashx?M=F&ID=5516224&GUID=8EA961D4-8162-4095-B8AE-C1F4BFCBCED9

Task Force Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5444247&GUID=8F58917E-24B6-441A-820C-2DEBB040808B

Letters from the Public: https://sanjose.legistar.com/View.ashx?M=F&ID=5442792&GUID=C5B62DEF-5BF2-4E74-AAA0-548F0C9D312D

Letter from ABC NorCal: https://sanjose.legistar.com/View.ashx?M=F&ID=5445376&GUID=B94896A3-F45E-4C09-8F9C-E476C75FA827

Letters from the public 2: https://sanjose.legistar.com/View.ashx?M=F&ID=5506053&GUID=932AE9C1-70E7-460C-AAE6-242AD6F51AD6

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=560058&GUID=4D667E96-FB28-49E1-BC7E-CC0CA142103E&Options=info&Search=

 

Adopt ordinance related to Measure F Pension Changes

Council will consider the approval of an ordinance to implement changes resulting from the implementation of the Alternative Pension Reform Framework agreement and Measure F for the Police and Fire Department Retirement Plan.

Where: San Jose City Council

When:  October 24, 2017 1:30 PM City Hall

Link to item:  3.5: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3187462&GUID=059F2107-B07F-44FC-B28F-5B7D8CCE9DBA&Options=&Search=

Resolution: https://sanjose.legistar.com/View.ashx?M=F&ID=5503417&GUID=CD35BCA1-E4B0-4E04-8831-7902F631408A

3.6: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3187463&GUID=D4D1A57F-DC49-4338-BEC2-0D201DCA0141&Options=&Search=

Ordinance: https://sanjose.legistar.com/View.ashx?M=F&ID=5502851&GUID=14357D84-5F67-4258-BB14-2C38AE029A5B

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=560058&GUID=4D667E96-FB28-49E1-BC7E-CC0CA142103E&Options=info&Search=

 

Adopt MOU with Adobe for Downtown HQ Expansion

Council will consider adopting a resolution authorizing the City Manager to enter into a Memorandum of Understanding with Adobe related to Adobe’s headquarters expansion and pedestrian bridge. The MOU addresses issues related to land use entitlements and an encroachment permit authorizing a pedestrian bridge crossing West San Fernando Street. The MOU would facilitate Adobe’s due diligence for the land purchase for the HQ Expansion.

The HQ expansion is set to add 900,000 square feet and 3000 employees to Adobe’s Downtown footprint. The MOU includes provisions for the city and Adobe cooperate on expedited processing of environmental clearance under CEQA and the land use entitlements applicable to the HQ Expansion. The agreement also confirms Adobe’s opportunity to receive certain construction tax incentives.

Where: San Jose City Council

When:  October 24, 2017 1:30 PM City Hall

Link to item:  Staff Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5503014&GUID=B34C4AEF-EE4C-4544-B378-897A7C7A315D

Memo for Mayor Liccardo: https://sanjose.legistar.com/View.ashx?M=F&ID=5516362&GUID=380A5342-9E9A-4E50-8B0A-5A6CE8708352

Letter from Sharks Sports and Entertainment: https://sanjose.legistar.com/View.ashx?M=F&ID=5515693&GUID=BA8CFC5A-9076-4A8E-A7A0-7C91424D6377

Agreement: https://sanjose.legistar.com/View.ashx?M=F&ID=5499979&GUID=91B0243D-4C65-4B80-8257-751F9FE2B252

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=560058&GUID=4D667E96-FB28-49E1-BC7E-CC0CA142103E&Options=info&Search=

 

Team San Jose to revise Performance Metrics

Council will consider approving a revised set of performance measures for the contract with Team San Jose, the organization in charge of numerous event facilities like the Convention Center and the California Theater. The revisions are meant to better quantify Team San Jose results in attracting visitors and conferences to the city. Currently the Performance Measures are as follows:

  • Attendance
  • Room Nights
  • Estimated Visitor Spending
  • Return on Investment
  • Gross Operating Revenues
  • Gross Operating Profit
  • Theater Performance Days
  • Theater Special Event Days
  • Customer Satisfaction

Team San Jose also receives an annual $1 million management fee from the city, with $200,000 management incentive fee paid if certain performance measures are met. TSJ must also report these performance measures on a quarterly basis.

The changes to these measures are as follows:

  • Simplify performance measure:
    • Gross Operating Results (previously called Gross Operating Profit)
    • Room Nights
    • Estimated Visitor Spending
    • Customer Satisfaction
    • A revised theater activation metric covering total occupancy
  • Create Dashboard to report on relevant metrics and trends:
  • Event leads generated and associated room nights
  • City-wide TOT collection, room supply, rate and occupancy levels TOT Annual Fund balance
  • Event and room night generation by industry segment and its impact (e.g., tech sector)
  • Local and non-local attendance measures
  • Reporting of theater tenant use days (days booked by outside groups that are not controllable by TSJ)
  • Number of city-wide conventions booked for future years
  • Several destination marketing measures such as earned media, web traffic, social media
  • Provide Annual Marketing/Sales Plan
    • Describes TSJ’s major goals, strategy, activities/investments, industry trends and context.
    • Includes annual targets for 5 Performance Measures
    • In March each year, TSJ will present a Mid-Year Progress Report to CEDC with a robust presentation/ conversation.

Where:  San Jose City Council

When:  October 31, 2017 1:30 PM

Link to item: https://sanjose.legistar.com/View.ashx?M=F&ID=5512528&GUID=A0F10BC4-DED2-4C5D-A5C5-233271971A50

Link to agendahttps://sanjose.legistar.com/MeetingDetail.aspx?ID=561241&GUID=A75016C2-8FBF-4D1F-8B67-8D570913F724&Options=info&Search=

 

Approve $3m purchase of land near SAP Center / Diridon for parking uses

Council to authorize the purchase of the property located at 525 W. St. John Street for $2,966,436 from the Francia Family. The property purchase will serve to accommodate parking needs for the SAP Center as BART and other construction will disrupt access to other parking facilities.

Where:  San Jose City Council

When:  October 31, 2017 1:30 PM

Link to item:  https://sanjose.legistar.com/View.ashx?M=F&ID=5513328&GUID=6F50F2D8-58C1-4A14-9499-00E66B87F645

Link to agendahttps://sanjose.legistar.com/MeetingDetail.aspx?ID=561241&GUID=A75016C2-8FBF-4D1F-8B67-8D570913F724&Options=info&Search=

 

Approve $11m purchase of land near SAP Center / Diridon for roadway and parking uses

Council to authorize the purchase of the property located at  130 and 150 North Autumn Street, and 405/407/447 West St. John Street for $11,042,460 from the Milligan Family Trust. The property purchase will assist the City with plans to replace Autumn Street between West St. John Street and Julian Street with a new roadway that completes the direct connection between 1-280 and Coleman Avenue. Additionally, the property will possibly serve such as surface parking, likely for the SAP Center, in the interim.

Current residents and businesses are to be relocated at the cost $400,000.

Where:  San Jose City Council

When:  October 31, 2017 1:30 PM

Link to item:  https://sanjose.legistar.com/View.ashx?M=F&ID=5513330&GUID=986A10BB-6B74-4A6C-99D5-4290F8AF2803

Link to agendahttps://sanjose.legistar.com/MeetingDetail.aspx?ID=561241&GUID=A75016C2-8FBF-4D1F-8B67-8D570913F724&Options=info&Search=

 

Discuss staff analysis of Evergreen Senior Homes Ballot Initiative

Council will discuss staff analysis in response to Councilmember Rocha’s Evergreen Ballot Initiative direction, set forth in his memorandum to Council dated October 13, 2017. The Rocha memo asked staff to return to council with the following information:

  1. When analyzing the issues put forward in my colleagues’ memo, staff should, where appropriate, attempt to compare the effects of the proposed ballot initiative with potential industrial development scenarios that could be built on the site under the current General Plan designation. At the very least, staff should consider an industrial development scenario that builds to the maximum capacity allowed under the current General Plan. Staff should also conduct an analysis of what kinds of industrial development, potentially at lesser densities than maximum build-out, would be economically viable in the real world, and conduct a comparative analysis for development types that staff believes may be viable.
  2. In addition to analyzing “traffic congestion” as outlined in item 7 of my colleagues’ memo, staff should also analyze the Vehicle Miles Traveled (VMT) generated by the proposed initiative and by any industrial development scenarios that are analyzed.
  3. In addition to analyzing “the availability and location of housing and the ability of the city to meet its regional housing needs,” staff should also analyze the new housing demand, both market-rate and affordable, that would be induced by the proposed initiative and by any industrial development scenarios that are analyzed.
  4. In the interest of providing the Council with contextual information, staff should provide information about the amount of industrial development capacity currently available in San Jose. In particular, it would be useful to have information about both the New Edenvale and Old Edenvale growth areas, which are relatively near the Evergreen site. Staff should provide information on the amount of industrial development built, amount of development entitled and the amount of unused development capacity still available in both of the Edenvale growth areas.

Where:  San Jose City Council

When:  October 31, 2017 1:30 PM

Link to item:   CM Rocha Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=5504939&GUID=9451AB89-4465-4634-959E-50474625CDFF

Link to agendahttps://sanjose.legistar.com/MeetingDetail.aspx?ID=561241&GUID=A75016C2-8FBF-4D1F-8B67-8D570913F724&Options=info&Search=

 

Revising Downtown Strategy and EIR

There is a request to waive 7-day noticing requirement for “Downtown Strategy and EIR Update” Report on Item (d)(2) upon determination that the 6-day posting notice to the public was appropriate. This report is a deferral from September 25, 2017. Staff has been working to develop recommendations for revising the Downtown Strategy 2000 to meet the City’s current and future needs.

The fundamental purpose of updating the Downtown Strategy is to revise the Envision San José 2040 General Plan Land Use/Transportation Diagram to maximize the benefits from significant regional investments in transportation infrastructure, and to identify the additional desired or necessary local transportation improvements to achieve the intended levels of new Downtown development.

The major project objectives for the Downtown Strategy Update have remained fairly constant since the issues were first recognized in 2014. The primary reasons for updating the Downtown Strategy are:

  1. Policy Consistency – Realign the Downtown Strategy with the goals and policies of the Envision San José 2040 General Plan. This includes revising the determination of impacts and inclusion of mitigation measures consistent with current policy that may result in staff recommendations for General Plan amendments.
  2. CEQA Streamlining for Projects – Continue to provide project-level environmental clearance for development projects, particularly for transportation, noise, air quality and greenhouse gas emissions.
  3. Land Use Intensification – Increase new development capacity, jobs, and housing, to support future Bay Area Rapid Transit (BART) service and other transit improvements. Intensification of new development around proposed BART stations will result in staff recommendations for amendments to the General Plan Land Use/Transportation Diagram.
  4. Transportation Programming/Funding – Revise or eliminate the current Downtown Strategy transportation infrastructure phasing program.
    1. Identify needed and desirable transportation improvements inside and outside of Downtown.
    2. Avoid the need for a traffic impact fee if possible.
    3. Resolve potential traffic impacts and needed mitigation measures outside of Downtown (i.e., “protected intersections”).

Where:  Community and Economic Development Committee

When: Mon. Oct. 23, 2017, 1:30pm, W118-120

Link to item: http://sanjose.granicus.com/MetaViewer.php?meta_id=674084

Link to agenda:   http://www.sanjoseca.gov/DocumentCenter/View/72659

 

Recommending Madison Nguyen for Arena Authority Board

The Arena Authority Board is recommending Madison Nguyen for appointment. The Board position that Nguyen is being recommended for will be eligible for reappointment to a full four-year term in June 2018.

Where:  San Jose Arena Authority

When:  Wed. Oct. 25, 2017, 4:00pm, SJ Municipal Stadium

Link to item: n/a

Link to agenda: http://www.sanjoseca.gov/DocumentCenter/View/72687

 

 

City of Santa Clara

Initiation of community outreach and preparation of RFP process for 3 City owned properties to increase affordable housing supply

The City and the City’s Housing Successor Fund own three properties, which were acquired with the intent that they be developed and increase the City’s affordable housing supply. Staff is preparing to engage in community outreach and initiate the Request for Development Proposals (RFP) process as a step toward accomplishing its goal of increasing the City’s affordable housing stock. The purpose of this report is to notify the City Council and the public of the City’s intent to begin community outreach and planning for these vacant sites that will ultimately lead to the issuance of an RFP responsive and sensitive to community feedback. City staff is planning to engage a third-party consultant, Diana Elrod, to help design the community visioning and planning workshops and ultimately facilitate the workshop exercises and discussions.

The three subject properties are located at 3575 De La Cruz Boulevard, 2330 Monroe Street, and 1021/1031 El Camino Real. All three sites will include at least some portion of affordable housing units; however, income distributions, design elements, and other public amenities will be guided by community feedback obtained through community visioning and outreach workshops.

Where:  Santa Clara City Council

When: Tues. Oct. 24, 2017, 7:00pm, Council Chambers

Link to item:   http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=61700

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1989&doctype=AGENDA

 

 

City of Mountain View

Confirming policy priorities for Lot 12 redevelopment project

Staff are requesting that Council provide input to confirm the development priorities and policy direction of the Lot 12 project. Based on Council input, staff will initiate preliminary engineering, planning, and environmental assessments and subsequently proceed with a Request for Qualifications/Request for Proposals for the development of Lot 12.

The City of Mountain View has a key opportunity to redevelop a prime downtown site known as Lot 12. Lot 12 is a parcel of approximately 1.5 acres, with frontage on California Street, Bryant Street, and Mercy Street. Lot 12 involved the acquisition and assemblage of several properties over a period of years, with essentially the south half being acquired by the City and the north half being acquired in 2002 by the former Revitalization Authority, for the express purpose of redevelopment. In December 2008, the Council authorized staff to market Lot 12 through a long-term ground lease for a mixed-use development to include market-rate housing, below market-rate (BMR) housing, and a grocery store. Only two proposals were received and both were rejected by the Council, one because it was contingent on the City selling the land rather than leasing it, and the other because of unfavorable financial terms. The lack of interest and poor proposals were attributed to the onset of the Great Recession.

Since 2015, the City Council has held three Study Sessions that are relevant to the development opportunity at Lot 12. Two Study Sessions pertain directly to Lot 12, and a third Study Session pertains to the City’s affordable housing priorities and strategic framework.

The questions to be discussed at this Study Session address the below:

  • Mix of affordable and market rate housing, heights and density, and population preference;
  • Parking space replacement;
  • TDM program for the development of Lot 12, which may include lower parking ratios, shared parking program, transportation facilities, and transit alternatives;
  • Amenities that should be explored or included in the RFQ/RFP process in order to enhance the ability of Lot 12 to function as a community asset;
  • Requirements for retail or commercial uses on the ground floor;
  • Confirmation that revenue generation is not a priority goal of the development of Lot 12.

Where: Mountain View City Council

When: October 24, 2017, 5:00pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3193205&GUID=88DBEE3C-CB87-4401-A7E0-6FCF477070A7&Options=&Search=

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=559112&GUID=6B536426-FEFE-442B-AC07-D5DD6ADACACC

 

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