Policy Watch: Week of 12/4

Santa Clara County

Approve amendments to the Transient Occupancy Tax

The Board of Supervisors will consider approving amendments to:

(1) conform the County’s transient occupancy tax (“TOT”) ordinance with amendments to state law

(2) incorporate language from voter ratification of the TOT in 1988 (Measure A, November 8, 1988) regarding how proceeds of the TOT are to be used

(3) clarify how the annual adjustment for changes in cost of living and population will be made to the first $500,000 used to promote art and culture in Santa Clara County.

Where: Santa Clara County Finance and Government Operations Committee

When: December 7, 2017 2:30PM

Link to item:   http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=8740&MediaPosition=&ID=89284&CssClass=

Proposed Amendments to the Transient Occupancy Tax Ordinance: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=167575

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=8740


Approving MOU with B2GNow Inc. for data analysis and outreach services related to strengthening transparency in County contracting with diverse businesses

Staff are recommending that the Board approve a no-cost Memorandum of Understanding with B2GNow, Inc., relating to providing data on diverse business enterprise certification for period December 5, 2017 through December 4, 2022. An exemption to competitive procurement has been approved by the Office of Countywide Contracting Management pursuant to Board Policy.

The Office of Countywide Contracting Management (OCCM) is seeking to bring transparency to Countywide contracting by reporting on and creating a data dashboard of County contracts with certified women-, minority-, disabled veteran, and LGBT-owned business enterprises (collectively “Diverse Business Enterprises”). Concurrently, OCCM is collaborating with the Office of Cultural Competency (OCC) to host a series of workgroup meetings as part of OCC’s work to identify and remove institutionalized racial barriers in County government. With guidance from OCC, community stakeholders, and business advocates, OCCM is working to define meaningful reporting metrics for the forthcoming data dashboard, as well as targeted outreach strategies where deficiencies or gaps in supplier diversity are identified.

Currently, data used to populate the dashboard is generated from two key sources: the ongoing reports from Santa Clara Valley Transportation Agency (VTA) on Diverse Business Enterprises and County data on contracts via the Finance Agency and the Ariba Spend Visibility Module. Current data sources represent only a fractional amount of certified diverse business enterprises throughout the state. Suppliers may choose to get certified through any number of pre-approved certifying entities, including VTA, the California Public Utilities Commission or many of its members, the National Minority Supplier Development Council, the National Gay and Lesbian Chamber of Commerce (NGLCC), the California Department of General Services, and others. Many of these entities maintain proprietary databases of certified businesses, but utilize the same certification standards. As a result, there is often reciprocity between agencies in certification status.

To identify a greater number of certified firms already in business with the County, OCCM is also exploring access to these additional data sources. Administration recently discussed potential options with B2GNow, the vendor that provides and maintains the technology behind the certification systems of many of the certifying entities across the state and country. B2GNow has offered to provide the County with access to data stored within the Supplier Clearinghouse. The attached no-cost agreement between the County and B2GNow will provide OCCM with access to more than 8,000 certification records, exponentially increasing capacity to identify existing spend with diverse business enterprise.

Where: Santa Clara County Board of Supervisors

When: December 5, 2017, 9:30am

Link to item: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=8884&Inline=True

Link to agenda: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=8884&Inline=True


Establishing CEDAW Task Force to apply gender lens to County departments & policies

Staff are recommending that the Board adopt an ordinance amending the Santa Clara County Ordinance Code related to the establishment of a Task Force on the Convention on the Elimination of All Forms of Discrimination Against Women. The vote for final adoption will happen on December 12, 2017.

On June 13, 2016, the Board of Supervisors provided funding to the International Human Rights Clinic at Santa Clara University School of Law to develop a recommendation for a CEDAW ordinance to ensure that gender is appropriately considered in County decision-making. The Office of Women’s Policy has worked with the Clinic and with County Counsel to develop the proposed ordinance. Adoption of this ordinance will establish a three-year CEDAW Task Force that will work with the Office of Women’s Policy and other County departments to apply a gender lens to core areas of the County’s work that have a substantial impact on vulnerable women and girls. The Task Force’s first meeting will focus on County programs and services for homeless residents and how those services can best meet the needs of homeless women and girls. In the coming months, the Office of Women’s Policy will partner with other departments to identify areas of focus for subsequent meetings of the Task Force, which will occur twice a year.

Where: Santa Clara County Board of Supervisors

When: December 5, 2017, 9:30am

Link to item: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=8884&Inline=True

Link to agenda: http://sccgov.iqm2.com/Citizens/FileOpen.aspx?Type=14&ID=8884&Inline=True


City of San Jose

Urban Village Implementation Framework Policy and Envision San Jose 2040 General Plan

Agenda item focuses on Urban Village Implementation Framework Policy. This Framework is intended to provide a mechanism for the integration of public enhancements and amenities in Urban Villages, and for implementing Urban Village Plans, that is simplified, transparent, and predictable for the development community, that provides meaningful impact to the community, and that streamlines the application process and minimizes the need for complex negotiation.

The Supplemental Memo describes staff’s proposed approach, which has been modified since the original memo in May. Staff is requesting that City Council provide direction to staff on the proposed approach prior to proceeding with additional technical analyses and returning to Council for approval of the Framework.

Memo from CMs Rocha and Jimenez recommends the following additional direction: 1. At the same time as the Urban Village Implementation Framework returns to the City Council, direct staff to bring forward preliminary analysis that explores methods by which the City could capture value from new commercial and industrial development in Urban Villages for the purpose of helping to fund improvements identified in Urban Village financing plans. Staff should have the flexibility to consider using a different method for value capture than is proposed for residential development if there are other approaches (such as density bonuses) that would be more suitable. Staff should also consider ways to ensure that value capture does not impact marginally viable commercial development, such as by establishing exemptions below certain size or value thresholds.  2. If staff decides to begin proactively rezoning Urban Villages, staff should return to City Council before beginning rezonings with a set of criteria that would determine how rezonings would be prioritized.

Memo from Mayor Liccardo & Council Members Carrasco, Jones, Peralez and Davis recommends to accept the staff approach with the following modifications and direction to the City Manager to: 1. Return to Council in April of 2018 with a proposed Urban Village financing plan. a. Prior to April, hold additional community meetings to review and obtain feedback from neighborhood residents, Urban Village advisory groups, and developers before returning to Council with final recommendations on the Urban Village financing plan. b. In the absence of Council approval of a fully-developed financing plan in April, accept applications for an interim period, beginning on that date, for mixed-use and residential development within Urban Villages. In the absence of an approved financing plan, applicants will pay an Urban Village Enhancement Contribution or provide amenities equivalent to a flat fee on a square footage basis, to be recommended by staff and approved by the Council. c. New applications and existing pipeline projects can move forward pursuant to 1 .b.for an interim period, and staff shall continue to develop an Urban Village financing plan pursuant to Council direction for future applicants and Urban Village development. 2. Ensure the entitlement process for the Urban Village Mixed-Use Zoning District is a single conforming rezoning – initiated by the applicant, processed within 90-120 days, and brought directly to Council for approval – to enable development of mixed use projects on parcels within urban villages citywide. 3. Exempt Signature Projects from adhering to the requirements of an Urban Village financing plan. 4. Drop the recommendation for the establishment of a Community Facilities District (CFD) for each Urban Village, or closely related group of Urban Villages, for the purposes of developing a city wide urban village financing rate structure. Retain consideration of CFD’s to fund needed infrastructure on large, consolidated multi-parcel development proposals. Property owners will be solely responsible for the maintenance of amenities built on site. 5. Dedicate Planning staff resources to planning urban villages that will be located in Horizon 1, with the exception of signature projects. 6. Complete the total cost of development fee study, including hypothetical development examples, and provide that data to the Council concurrently with the Urban Village financing plan.

Next steps: If Council is supportive of the proposed Framework, staff will continue to develop a detailed Urban Village Implementation Framework Policy that would be brought back to Council for its consideration in April 2018. This Framework, which would be a standalone Planning Department policy similar to the Framework for the Preservation of Employment Lands that was adopted in 2005 before becoming an integral part of the current General Plan, would be developed in coordination with complimentary zoning code amendments. It would also provide direction on the implementation strategies for the individual Urban Village Plans, and a pathway for pipeline projects to move forward.

Staff would subsequently bring forward for City Council consideration implementation chapters that include this Framework for already completed Urban Village Plans and all future plans as they move forward through the process.

The development of zoning code amendments that would embed the Framework within Title 20 of the Municipal Code, including the creation of two new Zoning Districts, is a larger body of work that will require additional time and resources to complete. If Council directs staff to move forward with the proposed Framework, staff will identify additional resources that will be needed and submit a FY2018-2019 budget request for these resources. If needed resources are secured, staff anticipates that it could bring the zoning framework to Council for its consideration in the fall of 2018. The proactive rezoning of property within Urban Villages would take significantly more time. Staff anticipates that this work could be completed in the winter to fall 2019 timeframe.

This item was originally introduced on May 23, 2017; Mayor Liccardo’s memo asked to defer it to August, and then it was postponed until November. As stated in the original memo, the timeline for the first step is to bring General Plan Text Amendments to Council this fall, as part of the General Plan Annual Review. Between the Summer and Fall of 2017, staff will be bring to Council the implementation strategies for the East Santa Clara, Stevens Creek, Winchester, and Santana Row/Valley Fair Urban Villages, as well updated strategies, for Little Portugal and Roosevelt Park. For the second step, staff anticipates bringing the proposed new zoning districts to the Council Committee for Community and Economic Development, along the codified requirements for residential mixed use development, in the Spring of 2018.

The Envision San Jose 2040 General Plan includes Major Strategy #5 – Urban Villages, as one of its primary strategies to accommodate projected job and population growth. The Urban Village Strategy plans for significant employment growth to be added to the existing commercial uses within these established commercial areas, while also planning for the integration of significant high density and mixed use residential development.

Where: San Jose City Council

When: 12/5/2017 1:30 PM Council Chambers

Link to item (including staff & CM memos): https://sanjose.legistar.com/LegislationDetail.aspx?ID=3213710&GUID=69BCFA47-FE92-4636-976F-B37486BA9FF1&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=563227&GUID=3901644D-05D9-4E0F-9B04-98208193EB3C&Options=info&Search=


Update & direction on RFI for public-private collaboration on Autonomous Vehicles

Recommendation: Accept this update on the City’s Autonomous Vehicles Request for Information (RFI). As part of the Innovation Roadmap, the City has launched an Autonomous Vehicle RFI initiative for a potential collaboration with private sector partners. Discussion and feedback to staff.

On June 1, 2017, the City released a RFI that invited companies and other entities working in the AV industry to provide information about how they might perform an AV pilot, The City received a total of 31 responses to the RFI by the July 28, 2017 due date.

The review team is now working with representatives from two of the proposals to formally develop AV demonstration projects in San Jose. The following describes some of the key parameters of these potential demonstration projects:

Project 1: This project would potentially deploy a fleet of two AV minivan shuttles with Level 4 automation to provide first/last mile connections to the Tamien Station and/or Alum Rock VTA Transit Center where access to these facilities is limited with existing bus service and parking availability. This demonstration project would include a data analytics platform to evaluate the impact that this type of AV service would have on transit ridership. Future expansion of this demonstration could include testing over

4G/LTE and 5G broadband technology for advanced AV data and software management. AV service would begin in the summer of 2018.

Project 2: This project would potentially deploy three to ten luxury AV sedans with Level 4 automation to support existing transit operations along and around the San Carlos/Stevens Creek corridor and the Diridon Transit Station area. The complementary transit operations could possibly provide connections to key destinations in these areas. In addition, the demonstration project could include the use of a ride-hailing smartphone application that has the potential to be integrated with public transit mobile applications, including the regional fare payment system. AV service would begin in 2019.

Two additional projects are being developed for possible implementation. One includes the installation of communications infrastructure that would enable real-time communications among vehicles, infrastructure, smartphones, etc for advanced vehicle sensing and control. The other would utilize A Vs to collect high-definition spatial data on the City’s street infrastructure for use as a tool to support future AV implementation. DOT is continuing to advance these concepts towards a possible demonstration project.

Where: San Jose Smart Cities & Service Improvements Committee

When:  Dec. 7, 2017, 1:30 pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3268767&GUID=ED12FEA0-9D9E-4623-A1CA-87FAE5F93595

Link to agenda:  http://sanjoseca.gov/index.aspx?nid=5363


City of Mountain View

Directing staff on revenue measure options and next steps for transportation projects

Staff are requesting that Council receive a report on revenue measure options for transportation projects, and provide direction to staff on whether to pursue a revenue measure – including the preferred type of measure and uses for the funds.

Through the Council’s goal-setting process, the City Council identified the following transportation-related major goal for Fiscal Years 2017-18 through 2018-19: Develop and implement comprehensive and coordinated transportation strategies to achieve mobility, connectivity, and safety for people of all ages. One of the projects approved, related to this goal, is developing a comprehensive modal plan that would involve the Santa Clara Valley Transportation Authority (VTA), Caltrain, major employers, etc., and include a funding mechanism. Over the years, Council has discussed revenue measure options and has requested staff provide information on the options related to funding significant capital projects.

Where: Mountain View City Council

When: December 5, 2017, 5:00pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3269804&GUID=BA9B4E6C-227B-4F93-9ABD-58DDCE3A4CEC&Options=&Search=

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=559631&GUID=EE724544-5FD1-437D-ABAE-378AEF0DFD29


City of Santa Clara

Approving Affordable Housing Ordinance establishing minimum affordability requirements, impact fees and in-lieu fees – including 15% affordable housing requirement and $20 per square feet in-lieu fees for rental residential

Staff are recommending that Council pass to print an ordinance adding a new chapter on Affordable Housing to the Santa Clara City Code and adopting a resolution to establish in-lieu and Impact Fees effective the same date as the Affordable Housing Ordinance.

The proposed Ordinance was developed through a community and stakeholder based planning process and incorporates recommendations from several sources, including community members who participated in the City’s community engagement process between January 2017 and March 2017, the Planning Commission and City Council and an ad-hoc City Affordable Housing Working Group (Working Group). The Working Group met on four occasions from March-May 2017 and recommended fee levels and related requirements and procedures for Council consideration. On July 11, 2017 the City Council considered those recommendations and advised staff to draft an Affordable Housing Ordinance in line with the following:

  • Include the Working Group’s Recommendations outlined in attached staff reports;
  • Increase the Inclusionary requirement to 15% for rental residential.
  • Set the In-Lieu fee at $20 per square foot for rental residential.
  • Phase implementation so that the total fee levels are not applicable until 12 months after adoption of the ordinance.

At the July meeting, the City Council also referred to the City Attorney to evaluate the Council’s desire of the concept of including a provision within the Ordinance to allow a reduction in the affordability requirement for projects that pay area standard wages and to come back to the Council with a recommendation*. A separate attorney-client privileged legal memorandum has been provided to the City Council from the City Attorney’s Office to address this request.

Where: Santa Clara City Council

When: December 5, 2017, 7:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=62097


Approving a Cooperative Agreement with VTA and an ENA with Republic for the development of a transit-oriented project on public land at Caltrain station

Staff are recommending that Council approve and authorize the City Manager to execute a Cooperative Agreement with the Santa Clara Valley Transportation Authority (VTA) describing the roles and responsibilities of ea.ch agency in the negotiation and documentation of a development project as proposed by Republic Metropolitan for City- and VTA-owned parcels located at Railroad Avenue and El Camino Real. Staff are also recommending that Council approve and authorize the City Manager to execute an Exclusive Negotiation Agreement with Republic Metropolitan LLC for the development of transit oriented student and faculty housing project located on 2.45-acres of vacant land comprised of a parcel owned by the City of Santa Clara and a parcel owned by VTA at Railroad Avenue and El Camino Real and authorize the City Manager to make minor modifications to the Agreement as may be necessary in conformance with the City-VTA Cooperative Agreement.

The City of Santa Clara owns an approximately 1.73-acre vacant parcel located Railroad Avenue and El Camino Real, across the street from the Santa Clara Station and the Police Building [APN: 230-08-078]. Adjoining the City’s parcel is a 0.72-acre vacant parcel owned by the Santa Clara Valley Transportation Authority (“VTA”) [APN: 230-08-0611. Currently the parcels are being primarily used as surface parking for Santa Clara Station and the Santa Clara Police Department building. In addition to parking, Water Well #3-02 is also located on the City parcel. Water Well 3-02 provides water supply to the City. Together the parcels form a 2.45-acre development site (“Property”). In 2007 the City of Santa Clara completed the Santa Clara Station Area Plan which boundaries incorporate the Property. In 2010 the land use concepts from the Station Area Plan were incorporated into the City’s General Plan. The Section 5.4.3 of the General Plan outlines the goals of the Santa Clara Station Focus Area including development in the proximity of Santa Clara Station that capitalizes on transit and results in high intensity of uses and encouraging a mix of uses.

Republic Family of Companies (“Republic” or “Developer”) submitted a May 2017 proposal to develop the City and VTA parcels with approximately 680 beds of student housing and 20,000- 40,000 square feet of ground floor retail (“Project”) (Attached). The proposal contemplates that the Developer would work closely with Santa Clara University (“SCU”) with the objective of increasing the overall supply of student housing to accommodate the campus’ increasing demand. Student housing in this location would assist efforts to minimize impacts associated with students living within the existing single family neighborhoods. Republic’s proposal outlines their interest in negotiating a 99-year ground lease. Republic is a privately owned national, full-service real estate investment, management and development enterprise. With an office in San Jose, Republic has developed and invested in real property transactions totaling over 25 million square feet with a value in excess of $5 billion. Republic has broad experience in the entitlement, development, leasing, financing, construction and property and asset management of urban and suburban retail, residential, office and parking.

Where: Santa Clara City Council

When: December 5, 2017, 7:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=62094

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1992&doctype=AGENDA


Approving proposed Charter amendment language – including new election methods

Charter Review Committee members are recommending that Council take multiple actions in relation to a Proposed Charter Amendment and methods of election. Possible actions include:

  1. Approve the proposed Charter amendment language to
    1. Elect City Council Members by two districts (e.g. District 1 and 2) with three Council Members representing each district;
    2. Elect the three Council Members at the same time per district alternating/staggering between gubernatorial and presidential election years;
    3. Utilize Single Transferrable Vote, a form of Ranked Choice Voting, as soon as the Santa Clara County Registrar of Voters Office can support such a system; continue with the City’s current voting method of plurality until the County can support the new voting method.
    4. Transition to include:
      1. In 2018 elect two members to four-year terms in District 1;
      2. In 2020 elect one member to a two-year term in District 1 and three members to four-year terms in District 2.
    5. Change voting method of all other elected officers, including Mayor, City Clerk, Chief of Police, to match the recommended voting method of Council Members (Ranked Choice Voting by means of Single Transferrable Vote) beginning in 2020 with the election of the City Clerk and Chief of Police, and then with subsequent elections thereafter.
  2. Direct the City Manager and the Interim City Attorney to initiate the process to draw the districts with public outreach.
  3. That the Council provide further direction regarding administrative charter amendments and future work plan items for the Charter Review Committee.
  4. That the Council note and file Charter Review Committee meeting minutes of October 5, October 23, and November 6, 2017.

On April 11, 2017, the City Council appointed a Charter Review Committee to evaluate the City’s at-large by-seat election method of Council Members and to make a recommendation regarding district or other methods of election in time for the June 2018 primary election. The Committee presented its recommendation to implement district elections to Council on July 18, 2017, Council directed Interim City Attorney to draft ballot language to amend the City Charter in accordance with the Committee’s recommendation and for the Committee to review and approve in subsequent charter review meetings. The Committee’s approved ballot language is attached for review.

At its August 7, 2017 meeting, the Ethics Committee received a presentation regarding the Charter Review Committee’s recommendation and provided direction to seek other potential charter amendments from the community through outreach via e-Notify, social media, and Charter Review Committee meetings. The Charter Review Committee reviewed and prioritized the suggestions received at their meetings on October 5, October 23 and November 6, 2017.

Where: Santa Clara City Council

When: December 5, 2017, 7:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=62095

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1992&doctype=AGENDA

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1992&doctype=AGENDA


City of Gilroy

Special Council meeting regarding High Speed Rail

Special Council Study Session on High Speed Rail Alternative Alignments.

Where:  Gilroy City Council

When:  Dec. 6, 2017,  6 pm

Link to agenda packet: www.cityofgilroy.org/AgendaCenter/ViewFile/Item/2855?fileID=6876


City of Cupertino

Considering KT Urban’s request to construct a new mixed-use development at Oaks Shopping Center site

Staff are recommending that Council continue Item No. 13 to consider a revised request to demolish an existing 70,000+ square foot commercial shopping center and construct a mixed-use development at the Oaks Shopping Center site.

Where: Cupertino City Council

When: December 5, 2017, 6:45pm

Link to item: https://cupertino.legistar.com/LegislationDetail.aspx?ID=3248187&GUID=CC747C12-3C3A-42D8-9CAC-86D445DA7F0D&Options=&Search=

Link to agenda: https://cupertino.legistar.com/View.ashx?M=A&ID=508243&GUID=C126CD11-CBDC-489E-8CFC-3952E93E4948



Adopting policy & program to allow private shuttles to use VTA property and public bus stops

In October 2014, VTA initiated a policy for Third Party Use of VTA Property. This particular policy was designed to require third parties to apply for licenses and pay license fees, based on market rates, to use VTA Property. The policy was presented to the Board of Directors as an informational item on October 2, 2014. In January 2015, the Silicon Valley Leadership Group (SVLG) reached out to VTA staff with concerns regarding the commuter shuttle portion of the policy. Subsequently, VTA put the policy on hold and decided to re-evaluate commuter shuttles at a later date.

In January 2017, VTA reinitiated efforts to establish a partnership with commuter shuttle providers by creating a comprehensive Commuter Shuttle Program that furthered VTA’s commitment to safety and environmental sustainability. Initially, VTA staff identified its park and ride lots as appropriate and available for commuter shuttles to pick up and drop off passengers. However, after a number of meetings and discussions with members of the SVLG and with commuter shuttle providers, VTA staff learned that there was an interest in the use of VTA’s on-street bus stops as well. VTA staff then engaged in conversations with the County of Santa Clara and each of the 15 cities within the County to discuss the use of bus stops, as these stops were located on their streets and in their public right of way. A number of cities expressed concern with commuter shuttles operating in residential neighborhoods or too close to sensitive uses (pre-schools, parks, etc.) and felt bus stops were appropriate locations for the commuter shuttles to pick up and drop off passengers.

Staff are recommending that the Board adopt the attached policy for a Commuter Shuttle Program and authorize creation of the program. The policy would allow commuter shuttle providers to access VTA Property provided they obtain a permit and follow certain rules and regulations. In addition, commuter shuttle providers would be required to work with VTA to determine the appropriateness of locations & times for their use. Commuter shuttle providers would also be required to affix a VTA issued decal to each vehicle in their fleet authorized to access VTA Property.

To recover the costs of the administering the Commuter Shuttle Program, VTA will charge a fee for the permit. That fee will be based on both a cost recovery model [appears to be considering only the costs of administering the program, not a use fee for the underlying property] and the number of locations within VTA Property that the commuter shuttle provider desires to use. Although the policy would apply to both private and public transportation services, commuter shuttles that are free and open to the public may not be required to pay a fee for the permit.

Where:  Santa Clara Valley Transit Authority Board of Directors

When:  December 7, 2017 5:30 PM County Building 70 West Hedding St, 1st Floor

Link to agendahttp://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_120717_packet.pdf


Declaring 4.5-acre Great Mall Transit Center surplus in order to offer it for sale to highest bidder

The Great Mall Transit Center consists of approximately 4.5 acres. VTA purchased the property in 2000 for $6.5 million and the Transit Center opened in 2004.

When the new Milpitas Transit Center opens, with its BART and Light Rail stations, will be a much larger facility that can accommodate VTA bus service and parking, as well as private transit.

Staff evaluated the Great Mall Transit Center and concluded that:

  1. the asset is not necessary for transit or transportation purposes subsequent to the opening of the new Milpitas Transit Center; and
  2. the asset offers limited Joint Development potential, due to its location within a large regional mall; City of Milpitas land use designation that only allows future commercial use; and inability to be a catalyst for other Transit-Oriented Development.

Staff are therefore requesting that the Board declare the property surplus and authorize selling it.

Pursuant to State law, upon Board approval of permanent disposition of the property, staff will offer it for sale first to other public agencies or private entities for the development of low-and-moderate housing, parks and recreation uses, enterprise zones or school purposes, with priority going to developers of affordable housing, subject to the requirement that a sale cannot be completed until the opening of the new Milpitas Transit Center. If no affordable housing developer or other public agency makes an offer to purchase the property, then it would be offered at a public sale pursuant to a competitive process. Approval by the Board of Directors will be a condition of a proposed sale to any party.

Where:  Santa Clara Valley Transit Authority Board of Directors

When:  December 7, 2017 5:30 PM County Building 70 West Hedding St, 1st Floor

Link to agenda: http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_120717_packet.pdf


Authorizing a sole-source ENA with Republic for Joint Development of VTA-owned land at Santa Clara Caltrain station into student housing

VTA owns 0.7 acres of this 2.4 acre block; the City of Santa Clara owns the remaining 1.7 acres. This property is currently improved as a parking lot, operated by Caltrain for the Santa Clara Caltrain Station.

Republic has formulated a development proposal for a privately-developed and operated student housing development on the site that would serve Santa Clara University students. Republic has already presented this proposal to the City.

The Santa Clara City Council previously directed City staff to enter into discussions with Republic on the terms and conditions of an ENA. Concurrently, City staff has discussed with VTA staff on how to most efficiently and effectively coordinate tri-party negotiations involving the City, VTA, and Republic. (Republic is operated as an independent entity from Republic Urban with whom VTA has entered into an ENA for the Tamien Station Joint Development Project)

The recommended action would allow a joint City-VTA negotiation with Republic, using a single set of consultants to advise both agencies with the costs borne by Republic, while providing flexibility on the forms of the agreement that would be entered into between the City and VTA, and between both two agencies and Republic.

VTA’s practice typically involves a competitive offering for Joint Development opportunities. Santa Clara Station presents a unique situation, however, in that VTA’s property is less than 30 percent of the entire site. If VTA were to independently pursue a Joint Development, the small size of the lot would limit how large a project could be built. For this reason, it would be more advantageous to both VTA and the City to work together on a single project that utilizes both agencies’ properties.

The project negotiations would need to address three main categories of issues: (i) refining the design to maximize the available entitlements, better orient the project to Caltrain and the future BART station, and enhance the ground level environment; (ii) collaboratively working with Caltrain to identify a replacement parking strategy acceptable to all; and (iii) negotiating economic terms that maximize financial returns for VTA and the City.

The negotiations would also identify the appropriate type of agreement that, once approved by the VTA Board and City Council, would make the two properties available for development; maintain VTA’s control for transit purposes; and have the City be responsible for permitting and long-term oversight.

It should be noted that the student housing project would not include a set percentage of affordable housing units, as occurs with other VTA Joint Development projects pursuant to VTA’s Joint Development Policy. Traditional sources of affordable housing finance are not available for a student housing development.

Firms involved in the ENA:

Republic Properties Corporation; Richard L. Kramer, Chairman

Republic Metropolitan; Robert Mendelsohn, President

Mineta & Associates, LLC; Norman Y. Mineta, President/CEO

ACTION ITEM -Recommend that the VTA Board of Directors authorize the General Manager to enter into one or more agreements with the City of Santa Clara and/or Republic Properties Corporation and its affiliate Republic Metropolitan (Republic) in connection with the development of the City and VTA-owned parking lot at the Santa Clara Caltrain Station. The agreements include a potential Cooperative Agreement with the City and an Exclusive Negotiations Agreement (ENA) with Republic for the purpose of negotiating a sole-source Joint Development Agreement (JDA) / Disposition and Development Agreement (DDA) and any other related agreements.

Where:  Santa Clara Valley Transit Authority Board of Directors

When:  December 7, 2017 5:30 PM County Building 70 West Hedding St, 1st Floor

Link to agenda: http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_120717_packet.pdf


Mayor Liccardo to be selected as Board Chair for 2018 term; Santa Clara CM O’Neill and Cupertino Mayor Vaidhyanathan running for Vice-Chair

The board is set to hold elections to select the chair and the vice-chair of the Board of directors for the upcoming term. The current vice chair, Mayor Sam Liccardo, is the only contender for the chair position. Teresa O’Neill, councilperson from the City of Santa Clara, and Savita Vaidhyanathan, Mayor of the City of Cupertino are contending for the vice-chair position.

Where:  Santa Clara Valley Transportation Authority Board of Directors

When:  December 7, 2017 5:30 PM County Building 70 West Hedding St, 1st Floor

Link to agenda:   http://vtaorgcontent.s3-us-west-1.amazonaws.com/Site_Content/bod_120717_packet.pdf


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