Policy Watch: Week of 9/10

County of Santa Clara

Deferred to 9/25: Certifying Final EIR for 55-acre Civic Center Master Plan

This issue was on the August 28th agenda, but was held over until this meeting, nd has been deferred again to Sept. 25.

The Board may certify the Final Project EIR for the Civic Center Master Plan.    The Master Plan includes 55 acres of County-owned real property slated for re-development, much is which is planned to be used for public facilities. Based on concerns raised through a discussion of this item at the August 14th meeting, the following documents were revised:

  1. a) Resolution, including a revised Exhibit A Mitigation Monitoring or Reporting Program (MMRP);
  2. b) Revised Final Environmental Impact Report (Revised FEIR) dated August 2018; and
  3. c) Revised Design Guidelines dated August 2018.

Concerns raised about traffic and the urban village plan were incorporated into the revised documents.

While Administration held talked with the City of San Jose and emphasized that the County would seek to maximize flexibility for re-zoning its lands, Administration received no indication that the City would encourage consideration of County housing outside the normal Urban Village planning process. The current policies of the City require that development that creates employment take precedence over housing developments.

Where:    Santa Clara County Board of Supervisors

When:  9/11/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9961&MediaPosition=&ID=92971&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9961

 

Held to 9/25: Award $1.4M contract to Clauss Construction for Old City Hall Demolition

Request from Administration to hold item to September 25, 2018.

This issue was on the August 28th agenda, but was held over until this meeting due to the Garden City Construction & Sobrato effort to stop the County project and instead get the site rent-free for proposed use as a temporary homeless shelter.

The Engineer’s Estimate for this project was $2,156,300. Four bids were received, of which the lowest was by Clauss Construction. The Board will take the following possible action:

  1. Award contract to Clauss Construction in the amount of $1,374,087 with a construction time of 160 calendar days.
  2. Approve encumbrance of additional $340,000 as Supplemental Work Allowance (SWA) for a total encumbered amount of $1,714,087.
  3. Authorize the County Executive, or designee, as the Owner’s Authorized Representative, with authority to issue Change Orders, as necessary, against the SWA and to approve modifications to the construction time.
  4. Ratify Addendum Nos. 1 and 2 to Bid Documents which modified or clarified the Bid Documents in response to contractor questions.

Where:    Santa Clara County Board of Supervisors

When:  9/11/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9961&MediaPosition=&ID=92803&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9961

 

Endorsing or opposing state Props 1, 2, 3, 5 & 6 on the November 2018 statewide ballot

The Board will receive reports on five ballot questions and possibly take action to endorse or oppose each one. All are on the consent calendar except for the position on Prop 5 (item #17) The ballot questions, which will appear on the November 2018 statewide ballot, are:

Proposition 1 was authorized by Senate Bill 3 (SB 3), the Veterans and Affordable Housing Bond Act of 2018.  SB 3 specified that the general obligation bond measure be placed on the November 6, 2018 statewide election ballot.  State funds will be dedicated to repayment of bonds over a period of 35 years. Staff recommendation is to support.

Proposition 2, the No Place Like Home Act of 2018, would authorize up to $2 billion in bond funding to provide grants to counties for permanent supportive housing projects for people who are homeless, chronically homeless or at risk of chronic homelessness and living with a serious mental illness. The bonds would be paid through the diversion of up to $140 million annually from county Mental Health Services Act (MHSA) funding. Proposition 2 will provide needed resources to secure permanent supportive housing and the Administration recommends support for the measure. Staff recommendation is to support.

Proposition 3, the Water Supply and Water Quality Bond Act of 2018, will be on the November 2018 ballot as the result of a citizen’s initiative. The measure will ask voters to approve an $8.8 billion state general obligation bond to finance a variety of water related projects in the state. Proposition 3 outlines six broad investment categories for various water infrastructure and environmental projects: Watershed Lands; Water Supply; Fish and Wildlife Habitat; Water Facility Upgrades; Groundwater, and; Flood Protection. Within these broad categories, Proposition 3 includes approximately 100 subcategories stipulating how certain amounts must be spent, including for designated regions of the state or on specific projects. There is an explicit prohibition on the use of any funds from the bond measure for any purposes relating to the Delta conveyance tunnels. Staff recommendation is to support.

Proposition 5 would amend the State Constitution to expand the special rules that give property tax savings to eligible homeowners when they purchase a new home. The measure would allow a base year transfer to anywhere in the state, allow the purchase of a more expensive home, reduce taxes for newly-purchased homes that are less expensive, and remove the limit on the number of times a homeowner can apply for the benefit. As the County currently allows intercounty transfers, the latter three changes would have the most impact in Santa Clara County. Staff recommendation is to oppose.

Proposition 6, a measure to amend the California Constitution, would require that any tax on motor vehicle fuel or any vehicles be subject to a vote of the electorate.  The measure would be applied retroactively to January 1, 2017 and would therefore repeal last year’s Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017.  A repeal of SB 1 would result in a significant loss of revenues dedicated to local roads, transit, and other transportation purposes. Staff recommendation is to oppose.

Where:    Santa Clara County Board of Supervisors

When:  9/11/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose

Links to items: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9961&MediaPosition=&ID=93038&CssClass=  ; http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9961&MediaPosition=&ID=93035&CssClass=  ; http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9961&MediaPosition=&ID=93036&CssClass=  ; http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9961&MediaPosition=&ID=93037&CssClass=  ; http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9961&MediaPosition=&ID=93042&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9961

 

Approve $33.8 million contract for Gilbane Corporation relating to the Vietnamese American Services Center Project

The Board will take the following possible action:

  1. Award Construction Manager at Risk (CMR) contract to Gilbane Corporation in the amount of $32,201,276 with a contract time of 240 calendar days for the pre-construction phase and 530 calendar days for the construction phase.
  2. Approve encumbrance of additional $1,600,000 as Supplemental Work Allowance for a total encumbered amount of $33,801,276.
  3. Authorize County Executive, or designee, to issue Change Orders, as necessary, against allowance for Supplement Work and to approve modifications to the contract time, consistent with Public Contract Code section 20142.
  4. Approve delegation of authority to County Executive, or designee, to execute a Change Order for a Final Guaranteed Maximum Price after subcontractor bidding has been completed by the CMR.

Where:    Santa Clara County Board of Supervisors

When:  9/11/2018, 9:30 AM, Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st floor, San Jose

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=9961&MediaPosition=&ID=92848&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=9961

 

City of San Jose

Draft EIR released for Downtown Strategy 2040; public comments due Oct. 22 

NOTICE OF AVAILABILITY OF  A DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) AND PUBLIC COMMENT PERIOD

The Downtown San José project area is approximately three (3) square miles. The proposed Downtown Strategy 2040 includes the following:

  1. Envision San José 2040 General Plan (General Plan) text and land use amendments to:
  2. Update General Plan so that future development Downtown is consistent with planned regional transportation improvements, such as BART, and to increase the development capacity within the Downtown boundary through the transfer of 4,000 dwelling units and 10,000 jobs (approximately 3 million square feet) from later horizon General Plan growth areas to Downtown;
  3. Establish an Employment Priority Area Overlay to support Downtown San José’s growth as a Regional Employment Center by creating a General Plan Land Use/Transportation Diagram Overlay designation that can be applied to specific sites within easy walking distance around the future central Downtown BART Station;
  4. Change the General Plan Land Use/Transportation Diagram designations on specific parcels within the Transit Center Employment Growth Area of the Downtown Strategy 2040 bounded area to align development possibilities with the Downtown Strategy 2040’s priorities and to expand the boundary along the east side of North 4th Street between St. John and Julian Streets; and
  5. Make clear that within the Downtown Strategy 2040 area if development permits expire on a site, then the previously entitled capacity on that site will revert back to the unentitled remaining capacity under the Downtown Strategy 2040 EIR.
  6. Actions such as adoption of a resolution to replace the existing San José Downtown Strategy adopted by the City Council in 2005 with a new Downtown Strategy 2040.
  7. Amendments to Title 20 of the San José Municipal Code (Zoning) to:
  8. Better align the boundaries of the Downtown Zoning area to be consistent with the boundaries of the Downtown Strategy 2040 area and the General Plan;
  9. Facilitate implementing the City Council Transportation Analysis Policy (Policy 5-1) in the Downtown Strategy 2040 area such as by reducing minimum parking space requirements for residential uses, expanding unbundled parking opportunities for all uses, and adding options for Transportation Demand Management (TDM);
  10. Better align maximum heights allowed in the Zoning Code with the General Plan;
  11. Revise and add provisions for development standards in transitional areas adjacent to Downtown such as the area currently identified in the Zoning Code as the Downtown Frame; and
  12. Discourage the use of Planned Development zonings, or make their activation otherwise time-limited, so that unconstructed development capacity cannot be held in perpetuity.
  13. Amendments to other Titles in the Municipal Code as necessary to respond to changes in the ways people live, commute, work, shop, dine, and engage in public life in Downtown.

The public review period for this Draft EIR begins on September 7, 2018 and ends on October 22, 2018. Written comments must be received at the Planning Department by 5:00 p.m. on October 22, 2018.

Where: City of San Jose

When:  Sept. 13, 2018, 5:45 pm

Link to item:  http://www.sanjoseca.gov/civicalerts.aspx?AID=2312

 

New memo from Liccardo, Peralez, Diep, Davis and Khamis: Approve project categories for $650m Infrastructure Nov 2018 Bond

COUNCIL MEMO: Memo states the support for the approach of the bond expenditure plan which will focus on safety, by upgrading, repairing, and rebuilding an emergency communications center; fire stations (such as the long-awaited Station 37); buttressing earthquake-vulnerable bridges; reducing floods by utilizing cost-effective natural rainwater retention basins; and repaving our most deteriorated roads.

Council will consider approving the proposed project categories for the November 2018 General Obligation Bond Measure. The ballot initiative, to be known as Measure T, will raise $650 million for the following project categories:

  • Upgrade 911 communications, police, fire, and paramedics facilities to improve emergency and disaster response;
  • Repair deteriorating bridges vulnerable to earthquakes;
  • Repave streets and potholes in the worst condition;
  • Prevent flooding and water quality contamination;
  • Repair critical infrastructure;

Where: San Jose City Council

When: Tuesday September 11, 2018 1:30PM San Jose City Hall

Link to item:   https://sanjose.legistar.com/View.ashx?M=F&ID=6568741&GUID=70033617-5D01-40E1-B040-9AA548D50792

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610817&GUID=4B19384E-76C6-410C-AFB5-C7608D10FA99&Options=&Search=

 

New council memos: Approve allocation plan for $450m Affordable Housing Bond

MEMO from Mayor Liccardo/CM Peralez/Diep/Davis: Memo urges the full council to adopt the staff report and support the current allocation plan

MEMO from CMs Jimenez/Rocha: Supports the staff report but calls for the following modifications:

  • Restrict the allocation of funds for households earning between 80% and 120% of the

Area Median Income (AMI) to a minimum $75,000,000, not exceed $100,000,000.

Council will consider approving the staff recommendation for the bond allocation plan for the proposed $450 million general obligation bond for affordable housing. The measure, which is to be known as Measure V, will contain the following ballot language:

“The measure will authorize the City to issue up to $450 million principal amount of municipal General Obligation Bonds (the “Bonds”), for the purpose of financing the cost of  land or improvement of land for, without limitation, providing housing affordable for working families; veterans; seniors; teachers; nurses, paramedics, and other workers; individuals with disabilities; domestic violence survivors; and the homeless, with at least $150 million (one third) of the proceeds of the Bonds being used for housing affordable for families and individuals earning up to 30% of the area median income (AMI), and at least $75 million (approximately 16%) of the proceeds of the Bonds being used for housing affordable for households earning between 80% and 120% of the AMI. Assuming the full authorization of $450 million principal amount is issued, funds may be used to:

(a) acquire land for the development of housing;

(b) construct new housing; and

(c) acquire and rehabilitate existing apartments or homes to create housing that is restricted to be affordable for the long-term (collectively, the “Projects”).

The targeted populations allocations will be as follows: Households earning up to 30% of the AMI would receive at least $150,000,000, households earning up to 80% of the AMI would receive up to $219,350,000, households earning Between 80% and 120% of the AMI would receive at least $75,000,000. The cost of issuance will be $5,650,000 for a total of $450,000,000.

Where: San Jose City Council

When: Tuesday September 11, 2018 1:30PM San Jose City Hall

Link to item:   https://sanjose.legistar.com/View.ashx?M=F&ID=6568743&GUID=12825A3C-F86A-4EBC-B860-D61E621146B8

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=610817&GUID=4B19384E-76C6-410C-AFB5-C7608D10FA99&Options=&Search=

 

Council Members Peralez/Carrasco/Rocha/Jimenez Memo recommending agendizing consideration of a Nexus Study for a Commercial Linkage Fee

MEMO from CMs Peralez/Carrasco/Rocha/Jimenez: Memo recommends that the full council accept staff response to the Santa Clara County Civil Grand Jury Report with the exception of Staff Response Finding 4b and agendize a consideration of a Nexus Study for a City-wide Commercial Linkage Fee (CLF) for the September 18, 2018 City Council meeting.

Council will consider accepting the staff response to a Santa Clara County grand jury report titled “AFFORDABLE HOUSING CRISIS: DENSITY IS OUR DESTINY.” The report concluded that “drastic action is long overdue” to help address our local housing crisis. Proposed actions included greater communication including reporting the number of BMR units actually produced, increased densities, enactment of policies to increase BMR units, increasing employer contributions to housing including enacting commercial impact fees, enacting housing impact fees and parcel taxes, the creation of a RHNA sub-region, and locating housing near transit. The Grand Jury issued 20 findings and 19 recommendations based on their research and their proposed actions.

The staff response emphasizes agree with the broad findings for the Grand Jury report, but disagrees with many of the recommendations of the report. The report suggested adopting employer impact fees to subsidize BMR housing production, which the City staff rejects as strategy.

Where: San Jose City Council

When: Tuesday September 11, 2018 1:30PM San Jose City Hall

Link to item:  Memo: https://sanjose.legistar.com/View.ashx?M=F&ID=6568486&GUID=C327FC2C-6F6F-4EA2-BF19-192790487BF4

Attachment A Grand Jury:  https://sanjose.legistar.com/View.ashx?M=F&ID=6568484&GUID=9B34A0F7-7B1B-44A1-9A6C-28053801616A

Attachment B Responses to Grand Jury: https://sanjose.legistar.com/View.ashx?M=F&ID=6568485&GUID=7C5160E3-D18F-4DC8-8992-E9D9CCF05537

Link to agendahttps://sanjose.legistar.com/MeetingDetail.aspx?ID=610817&GUID=4B19384E-76C6-410C-AFB5-C7608D10FA99&Options=&Search=

 

Peralez memo to adopt resolution denouncing DOJ No Tolerance policies

CM Peralez is asking the committee to agendize to the September 18th City Council Meeting for deliberation:

  1. Adoption of a resolution denouncing the U.S. Department of Justice’s (DOJ) Zero Tolerance Policy that resulted in the inhumane separation of families and a eall for the immediate reunification of existing separated families, and,
  2. Direct the City Manager to review and comment on the U.S. Department of Homeland Security (DHS) and Health and Human Services’ (HHS) proposed new regulation to implement the Flores Settlement Agreement (FSA).

Where:  San Jose City Council Rules Committee

When: Wednesday, September 12, 2018 2:00 PM City Hall Wing W118-120

Link to item:  http://sanjose.legistar.com/gateway.aspx?M=F&ID=a206ae50-b5f6-40ca-85af-00f1de27fb86.pdf

Link to agendahttps://sanjose.legistar.com/DepartmentDetail.aspx?ID=36262&GUID=C61F4090-B945-4162-94EC-A504FDB7035D&R=f39f46a4-9b22-4281-9163-6bf4c00c1bef

 

Rocha memo to direct staff to analyze fast tracking rezoning for affordable housing at County-owned Civic Center

Rocha is asking the committee to direct staff to provide City Council with analysis on the feasibility of fast tracking a zoning designation change for the old city hall annex parcel, currently owned by the County and part of its Civic Center Master Plan:

  1. Can City Council fast track this zoning designation change and the general plan amendment process?
  2. If it can, how would City Council go about it?

Rocha memo states in part:

Currently, the County Board of Supervisors is having ongoing discussions on the future of the old city hall annex and whether the existing building can be A) Razed to make way for a parking lot, B) Converted and used as an overnight homeless shelter/permanent housing facility or C) Demolished and replaced with new permanent housing. I am pleased to see my City Council colleagues Councilmembers Davis and Khamis push the Board of Supervisors to choose the conversion of the old city hall annex site for purposes of creating a homeless shelter which would house 120-140 residents in a central location with access to transportation, job opportunities, public safety and social services. I agree that housing is a more pertinent use for this site. … Indeed, there is already an ongoing effort in community outreach regarding the Civic Center Master Plan which has been spearheaded by the County of Santa Clara with collaboration from the office of District 3 Councilmember Raul Peralez. … designating this parcel as residential would get us closer to providing much needed shelter or permanent housing for currently homeless or at-risk San Joseans and should therefore be fast tracked in whatever ways possible. Per policy IP-3.1 in the Envision San Jose 2040 General Plan, the City holds one Annual Review hearing per year for the Planning Commission (October) and City Council (November) to review and consider privately-initiated amendments to the General Plan. Applications to amend the General Plan considered at these hearings are to be submitted in the Spring, a deadline which has obviously passed in 2018. Per this policy, we would be waiting until October 2019 only to be able to consider the impact of a residential designation on the old city hall annex site.

Where:  San Jose City Council Rules Committee

When: Wednesday, September 12, 2018 2:00 PM City Hall Wing W118-120

Link to item:  http://sanjose.legistar.com/gateway.aspx?M=F&ID=1428f604-9dea-4c0a-991b-479aa676b972.pdf

Link to agendahttps://sanjose.legistar.com/DepartmentDetail.aspx?ID=36262&GUID=C61F4090-B945-4162-94EC-A504FDB7035D&R=f39f46a4-9b22-4281-9163-6bf4c00c1bef

 

Amending City’s Master Parking Rate Schedule to add Diridon and South Hall Convention Center

Staff recommend: adopt a resolution amending the City’s Master Parking Rate Schedule for Municipal On and Off-street Parking Facilities to add parking facilities acquired from the Successor Agency to the Redevelopment Agency of the City of San José

On August 14, 2018, City Council approved the Purchase and Sale Agreement and Escrow Instructions between the Successor Agency to the Redevelopment Agency of the City of San Jose (SARA) and the City of San Jose to allow for the purchase of the San Jose Convention Center South Hall property (South Hall). This agreement was approved by the Countywide Oversight Board on August 20, 2018. Additionally, various Diridon area properties were transferred from SARA to the City of San Jose pursuant to the execution of a Compensation Agreement by all fourteen (14) taxing entities on August 14, 2018, with the properties transferred and recorded on August 24, 20118. Among the transferred properties are three surface parking lots located at 105 S. Montgomery, 150 S. Montgomery and 510 W. San Fernando. The Master Parking Rate Schedule needs to be amended to incorporate these new City parking lots. Staff recommends the rate structure at these facilities be consistent with the City operated Almaden/W oz Lot, which includes the following rate ranges and rate :flexibility in meeting the operational needs of both daily and special event parking activity

Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=8bb87705-f2aa-47a2-a9fe-3648edd84b4e.pdf

Where: San Jose City Council

When: Tuesday September 19, 1.30pm, City Chamber

Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3981

Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610818&GUID=D2A37F26-2751-4DB5-9C76-C75A50F645AC

 

Declaring 1123 Coleman Ave surplus to needs for the city and authorizing sale to Hunter/Storm, Wolff & Fisher for $25.6m

Adopt a resolution: (a) Declaring the City property located at 1123 Coleman Avenue surplus to the needs of the City. (b) Authorizing the City Manager to negotiate and execute a Purchase and Sale Agreement for approximately 13.1 acres of land located at 1123 Coleman Avenue for $25,678,620 or $45 per square foot of land, as well as any related documents necessary to effectuate the land transaction.

The land would be sold to Coleman Airport Partners, LLC (“CAP”), a developer partnership that includes Deke Hunter, Ed Storm, Lew Wolff and John Fisher.

Adoption of these recommendations facilitates job and revenue growth at the Coleman Airport property, provides funds necessary to construct soccer fields that is the last remaining project of the 2000 Measure P General Obligation Bond, provides General Fund resources, and resolves the outstanding AIG option on former Redevelopment properties near Diridon Station, related to the former consideration of potential baseball stadium.

Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=26e1c347-9214-4dde-a42a-7cf7d2971b59.pdf

Where: San Jose City Council

When: Tuesday September 19, 1.30pm, City Chamber

Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3987

Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610818&GUID=D2A37F26-2751-4DB5-9C76-C75A50F645AC

 

Deferments on Recycle Plus Residential Solid Waste Agreements, response to China policy, and modified Living Wage

RECOMMEND DEFERRAL TO 9/25/18 PER ADMINISTRATION

Where: San Jose City Council

When: Tuesday September 19, 1.30pm, City Chamber

Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3992

Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=610818&GUID=D2A37F26-2751-4DB5-9C76-C75A50F645AC

 

Housing Commission to review & provide recs on statewide ballot measures 1, 2, 5 & 10 

ACTION: Review and discuss statewide ballot propositions 1, 2 5, and 10 related to the Commission’s jurisdiction per SJMC Part 28 – and possibly authorize creation of an Ad Hoc Subcommittee, consistent with Council Policy 0-4, with the purpose being: to meet, compile and discuss additional information on one or more of the listed ballot measures; to potentially draft a letter to the City Council; and to return with information and any letter for consideration by the Commission at a future meeting.

Where: San Jose Housing & Community Dev Cmsn

When:  Sept. 13, 2018, 5:45 pm

Link to agenda packet:  http://sanjoseca.gov/DocumentCenter/View/79646

City of Santa Clara

Staff report disputing accusations that City officials cancelled candidate forums 

Excerpt from staff report:  Due to inquiries from the Council and the public, and in light of misinformation and false accusations in several media outlets, this report is being provided in an effort to set the record straight. The City is committed to conducting a fair, ethical and impartial election this November. Further, the City is committed to adhering to Council policy and the thousands of regulations, statues and best practices related to successfully conducting elections. The ability of public employees to participate in campaign related activities is restricted by the legal prohibition on the expenditure of public funds in support or opposition to political campaigns.

There are a number of items attached to this agenda report for consideration, including:

  1. Written statements, dated August 30, 2018 and September 4, 2018, issued by the Acting City Clerk, Jennifer Yamaguma
  2. A written statement dated September 5, 2018, issued by City Manager, Deanna J. Santana, which includes the Council Policy 028, Televised Candidate Forum, as well as her emails on the topic
  3. Excerpts of Council Meeting Minutes related to the vote ethics program, and consultant services from prior election years

…Contrary to what has been reported, none of them [City Clerk, City Manager, or City Attorney] made a decision to disallow candidate forums to be conducted. Such a decision was not even discussed at any time, by or between, the City Clerk, City Manager and/or City Attorney. Additionally, there was no discussion at any time with Mayor Lisa Gillmor by or between the City Clerk, City Manager, and/or City Attorney other than her inquiry about a media call on the matter, in which she expressed her support for these candidate forums.

Where: Santa Clara City Council

When:  Sept. 11, 2018, 7 pm

Link to item:  https://santaclara.legistar.com/ViewReport.ashx?M=R&N=Master&GID=693&ID=3654321&GUID=648ED37A-BF34-4EBB-8223-DC0142F6CD8C&Extra=WithText&Title=Legislation+Details+(With+Text)

Link to agenda:  https://santaclara.legistar.com/View.ashx?M=A&ID=620920&GUID=DDBBA03E-0761-4DF9-8E88-2E9C2DA24D6D

 

Selecting Freebird Development Co as developer for 2330 Monroe & authorizing ENA negotiations 

A Request for Proposals (RFP) was issued for housing development on the City-owned, 2.474-acre property at 2330 Monroe Street. Staff completed its review of the submitted proposals and is now recommending the selection of Freebird Development Company. Staff is requesting direction from the Council to begin negotiation of an Exclusive Negotiations Agreement for future Council consideration.

Of the eight proposals received, three Respondents were selected for an interview: Freebird Development Company, Santa Clara County Housing Authority (SCCHA), and Premiant Development, LLC. Ultimately, the interview panel made a unanimous decision to select Freebird Development Company as the recommended Developer. Freebird’s proposal is for 65 units, of which 20 would be 80-120% AMI, 21 would be 0-80% AMI, and 13 would be 30% AMI.

Where: Santa Clara City Council

When:  Sept. 11, 2018, 7 pm

Link to item:  https://santaclara.legistar.com/ViewReport.ashx?M=R&N=Master&GID=693&ID=3654316&GUID=A423EA11-8838-

4E5A-B178-3880C2114870&Extra=WithText&Title=Legislation+Details+(With+Text)

Link to agenda:  https://santaclara.legistar.com/View.ashx?M=A&ID=620920&GUID=DDBBA03E-0761-4DF9-8E88-2E9C2DA24D6D    

 

City of Sunnyvale

Amending minimum wage ordinance to delay CPI adjustments from 2019 to 2020, and limit future increases to 5%

Staff recommend that council introduce an ordinance to amend Sunnyvale’s minimum wage ordinance to delay future Consumer Price Index adjustments from January 2019 to January 2020 and limit future CPI increases to a maximum of five percent.

On January 1, 2018, the cities of Mountain View and Sunnyvale reached $15 per hour minimum wage. The cities of Los Altos, Milpitas, Palo Alto, San Jose, and Santa Clara will reach $15 per hour minimum wage in January 2019. The cities of Cupertino, Los Altos, Palo Alto, San Jose, and Santa Clara will start inflation adjusted increases on January 1, 2020. The City of Milpitas will begin inflation adjustments on July 1, 2020.

In October 2018, the Mountain View City Council will be considering an amendment to their minimum wage ordinance to suspend their CPI increase from January 1, 2019 to January 1, 2020 and to limit future increases to five percent. The delay in CPI increase will allow Mountain View to be in alignment with the rest of the Santa Clara County cities. If Mountain View approves their ordinance amendment, Sunnyvale and Milpitas will be the only cities not in alignment with the rest of the Santa Clara County cities on minimum wage.

On July 31, 2018, Council directed staff to proceed with an ordinance amendment to delay future CPI adjustments from January 1, 2019 to January 1, 2020 and amend the Ordinance to limit future CPI increases to a maximum of five percent. This amendment will ensure Sunnyvale is aligned with the majority of the Santa Clara County cities regarding the minimum wage rates.

Where: Sunnyvale City Council

When: Tue, September 11, 2018, 6pm

Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=3651795&GUID=521C1AEC-85F0-49EF-AD49-00B84ED95C16&Options=&Search=

Link to agenda: https://sunnyvaleca.legistar.com/MeetingDetail.aspx?ID=573875&GUID=0EE8428A-079F-4696-A7A3-18CAC8820353&Options=&Search=

 

City of Gilroy

Response to Grand Jury Report regarding the Affordable Housing Crisis—consider creation of a citywide Inclusionary Housing ordinance

The 2017-18 Santa Clara County Civil Grand Jury issued the report entitled “Affordable Housing Crisis – Density is Our Destiny”.  The report contains various findings and recommendations, each assigned to various cities and/or the County. Jurisdictions identified in the findings and recommendations are required to provide responses to the Civil Grand Jury within 90 days of issuance of the report (September 20, 2018).

For Gilroy, ten findings and nine recommendations were assigned. This report focuses on three recommendations that would require significant changes in city policy: adoption of housing impact fees on Gilroy employers, participation in a proposed Santa Clara County Regional Housing Needs Allocation (RHNA) Sub-region, and adoption of an Inclusionary Housing Ordinance. One major response to the report provided by Staff is that the Gilroy City Council will review and consider creation of a citywide Inclusionary Housing ordinance requiring a minimum of 15% of new dwelling units to be affordable to very low, low, and moderate income families.

Next Steps:

  1. Following City Council direction, staff will prepare a final version of the response to the Civil Grand Jury report and transmit it to the Grand Jury prior to the September 20, 2018 deadline.
  2. Following City Council direction, staff will conduct further analysis of the creation of an Inclusionary Housing Ordinance and schedule a City Council study session in November, 2018 for further discussion and consideration.

Where: Gilroy City Council

When:  September 10, 2018/ 6:00 p.m./Council Chambers

Link to item:   http://gilroyca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1112&MediaPosition=&ID=1778&CssClass=

Link to agendahttp://gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1112

 

Discussion of City’s intention to participate in the proposed Santa Clara County Sub-Regional RHNA Process

The Cities Association of Santa Clara County has considered the potential formation of a sub-region comprising some or all of the 15 cities and the County for the next Regional Housing Needs Allocation (RHNA) cycle (2023 – 2031). Each City and the County are requested to provide feedback on the merits of the sub-region concept and provide comments and direction to the Cities Association Board of Directors by September 28, 2018.

Staff recommends the following steps:

  1. Based on City Council direction, staff will prepare a letter to the Cities Association of Santa Clara County, to be signed by the Mayor, conveying the City of Gilroy’s intention to participate in the proposed Santa Clara County Sub-Regional RHNA Process.
  2. At a future date, staff will bring to the City Council a resolution similar to that included in Attachment 1, for City Council approval, formally agreeing to participate in the proposed sub-region.
  3. Staff will continue to represent Gilroy in any discussions regarding the formation of the Santa Clara County Sub-Regional RHNA Process.

Where: Gilroy City Council

When:  September 10, 2018/ 6:00 p.m./Council Chambers

Link to item:   http://gilroyca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1112&MediaPosition=&ID=1779&CssClass=

Link to agendahttp://gilroyca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1112

 

Cupertino Unified School District

Report & potential action on Development Agreement between the City and Vallco Property Owner— incl. impact on student population & student safety

Staff will provide data pertaining to terms to be put before the Cupertino City Council on September 18, 2018, for potential action by the Council pertaining to the proposed Development Agreement between The City of Cupertino and Vallco Property Owner, LLC.  Both Fremont Union HSD and Cupertino Union SD are named in this agreement, as each school is affected in some way by the terms in the agreement, to include potential impact on facilities related to growth in student population, student safety issues due to increased traffic, and more.  The purpose of this agenda item is to “sunshine” the terms covered in this proposal, and to make sure School Board Members are apprised of the details of the agreement, can ask clarifying questions about those details, while also providing opportunity for the CUSD community members to give feedback and share their perspectives on the relative value of entering into this agreement.

Where:   Cupertino Union School District

When: September 13, 2018/ 6:00 p.m./ Nimitz Elementary School

Link to item:   http://www.boarddocs.com/ca/cusdk8/Board.nsf/goto?open&id=B4DR3X69C88D

Link to agenda:   https://www.boarddocs.com/ca/cusdk8/Board.nsf/vpublic?open

 

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