Policy Watch: Week of 6/12

City of San Jose

Approving ENA w/ Google for gigantic potential development in Diridon Station Area

Adopt a resolution authorizing the City Manager to negotiate and execute an Exclusive Negotiating Agreement with Google for the acquisition of properties owned by the City of San José and properties owned by the Successor Agency to the Redevelopment Agency (SARA) in the Diridon Station Area for the future construction of a mixed-use, transit-oriented development including office and R&D space.

Since December 2016, Google and its development partner, Trammel Crow, have acquired several parcels in the central zone of the Diridon Station Area, most significantly the former AT&T property on Montgomery Street. Google wants to negotiate with the City for the acquisition of the four SARA-owned properties that were included in the planned ballpark site. Google also wants to acquire the City’s Fire Training property, located at the corner of Park Avenue and Montgomery Street.

Preliminary discussions with Google indicate interest in planning and building a master-planned transit-oriented development that includes between 6 and 8 million square feet of office/R&D space and retail/commercial amenities. This development could support more than 20,000 new Downtown employees, significantly aiding the City’s need for local jobs and supporting ridership on existing and new public transportation investments. No development applications have been submitted to the City, nor are expected to be submitted in 2017.

The Schedule of Performance in the ENA anticipates creation of a MOU by March 2018. This document will be the next check-in point for the potential transaction. The timing for submittal of any development applications will be addressed in the MOU.

Where:  San Jose City Council

When: Tue. June 20, 2017, 1:30PM, Council Chambers

Link to item:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2689&meta_id=641032

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=b11de27a-caee-456a-8506-8b01b50e9675

 

Approve changes to lobbyist ordinance requiring weekly reports in addition to quarterly reports

Approve an ordinance requiring lobbyists engaged in lobbying activities to file weekly reports and to make other clerical and technical changes.

In an effort to increase transparency in lobbyist reporting, the proposed ordinance will require lobbyists to file weekly on Mondays if they had any lobbying activity in the previous week. There are no fines being added at this time for missed or late filings; however, the quarterly report will contain a summary of the weekly reports. The associated fines will still apply to quarterly reports. Additionally, there are no changes being made to the annual registration beyond updating the forms to make them easier to read and to fill out.

The City Council may choose to revise the recommendation to only require weekly reporting and eliminate the quarterly report. If this is desired, the City Clerk would recommend that late fines not be charged as it will require full time staff to review each weekly report to ensure that the contacts were reported the Monday after the contact.

Where:  San Jose City Council

When: Tue. June 20, 2017, 1:30PM, Council Chambers

Link to item: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2689&meta_id=640975

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=b11de27a-caee-456a-8506-8b01b50e9675

 

Rejecting all proposals for the LED Streetlight Replacement Project & directing City Manager to complete the Broadband Strategy first

Staff are recommending that Council take a number of actions in relation to the LED Streetlight Replacement Project, including:

  1. Reject all proposals submitted for the Innovative LED Streetlight Replacement Request for Proposal;
  2. Direct the City Manager to return to Council following completion of the City’s Broadband Strategy with requirements, financing strategies, and procurement recommendations for converting the approximately 40,000 remaining streetlights to LED luminaires;
  3. Direct the City Manager to evaluate alternatives regarding the deployment of LED streetlight controller units citywide, which may include potential demonstration and testing of emerging technologies;
  4. Direct the City Manager to include in the Broadband Strategy:
    1. Recommendations regarding technology, governance, process, and policy for the City’s broadband digital infrastructure including fiber/coax, streetlight poles, and small cells, including an analysis of the costs and benefits of combining proactive streetlight pole make-ready activities with installation; and
    2. Requirements, policy considerations, and procurement recommendations for Internet of Things network, platform, and devices.

Council approval of the recommendation will provide a path forward for:

  • Converting approximately 40,000 streetlights citywide to energy-efficient, brighter and whiter, light-emitting diode (LED) streetlights;
  • Working in partnership with industry to select the next-generation of integrated streetlight control and IoT units for the LED streetlights and ultimately develop a procurement strategy for new controller units citywide; and
  • Development of policies and strategies for broadband and the Internet of Things.

Approximately 40,000 lights remain to be converted. Purchasing and converting the lights to LEDs with smart controller units is estimated to cost approximately $36.7 million. Given the other pressing infrastructure needs the City has, Council directed staff to turn this funding challenge into an opportunity for creative solutions. Staff put together a team to develop a Request for Proposals, which was released in August 2015. Respondents were invited to submit proposals to use valuable City assets in exchange for converting the remaining approximately 39,285 streetlights to LED with smart controls.

Since staff issued its original report in January, several factors have emerged to change staff’s analysis and recommendations. Most significantly, the streetlight poles may be a more valuable real estate asset than previously assumed. A consultant hired to identify gaps and opportunities in the city’s broadband infrastructure identified the light pole as the most critical City asset in the Broadband Strategy and recommended deferring any action that might jeopardize the City’s ability to fully monetize the value of the light pole real estate. Staff plans to bring forward a Broadband Strategy for Council consideration in the fall. Moving forward with any of the installation proposals now in advance of the completion of the Broadband Strategy could tie up the streetlight poles and prevent implementation of the Strategy.

In addition to this concern, staff were concerned that the city’s General Fund would bear significant risk of paying the loan for construction of the lights should revenue projections, energy savings, or other fiscal components of the project not come to fruition, and that some of the proposals received were still premature.

On January 11, 2017, staff issued a report recommending entering into a pilot project with the top-ranked proposer (Siemens). The City received a protest from Philips. The City’s procurement authority reviewed the bid protest and found after careful review, “that the City’s RFP process was followed, Siemens’ proposal was responsive, and there is no evidence to support allegations that there was any oversight or negligence on the part of the evaluation team that resulted in over-scoring of either Siemens’ or B&Y’s proposal.” On April 12, 2017, Philips filed a timely appeal of the decision on the bid protest with the City Clerk.

Khamis memo recommends disabling any video capabilities from the LED streetlight controller units that would be directed toward or collect data from any private residence or private property, without written permission of the resident or property owner; and directs staff to craft a new REP, separate from the new LED REP, to explore revenue- generating opportunities related to the placement of digital signage on City property that would replace existing, static signage.

Liccardo/Rocha memo directs the city manager to defer hearing the item until the June 13 city council meeting and agendize the hearing for the Philips Lighting appeal on the same day.

Where: San Jose City Council

When: Tue, June 13, 2017, 1:30PM, Council Chambers

Link to memo:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2688&meta_id=640945

Link to Khamis memo:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2688&meta_id=640947

Link to Liccardo/Rocha memo:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2688&meta_id=640949

Link to Philips appeal:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2688&meta_id=640951

Link to letters:  http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2688&meta_id=640953

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=5abad708-44d3-4738-8d8b-7ed12abc1ec0

Approving FY17-18 operating and capital budgets, and 5-year CIP, new letters from the public re: affordable housing and homelessness funding

Adopt a resolution approving the Operating and Capital Budgets for 2017-2018, and the Five-Year Capital Improvement Program for 2018-2022 as revised by the Mayor’s Budget Message and directing the City Manager to prepare final documents for adoption.

Letters from the public include:

A letter from H.O.M.E.L.E.S.S. A Grassroots Community-Based Organization, urging the city council to transfer all funding included in the current proposed budget for encampment sweeps to programs that will help the homeless and the neighborhoods where they are currently living.

A letter from the Housing and Community Development Commission (HCDC) presents the following recommendations for the fee structure to support the Rental Rights and Referrals Program:

  • Apartment Fee: from $19.29 to $30.30 per unit annually
  • Mobilehome Fee: $33.48 to $34.10 per unit annually
  • Non-Rent Control Fee: $1.98 to $4.10 per unit annually

HCDC is also concerned about the sharp increases in fees for the Apartment Fee and the Non-Rent Control Fee and proposed the following alternatives for the City Council’s consideration:

  • Recommendation #1: HCDC recommends the Rental Rights and Referrals Program should be fully funded by the General Fund, eliminating a need for the fees (passed 6-4).
  • Recommendation #2: As an alternative to Recommendation #1, FICDC recommends moving to a 50% cost recovery model for the Apartment Fee and Non-Rent Control fee and funding the remaining 50% of the program costs with the General Fund (passed 6-4).
  • Recommendation #3: HCDC recommends accepting the staff recommendation for the Mobilehome Fees (passed 8-2).

Where: San Jose City Council

When:  Tue, June 13, 2017, 1:30PM, Council Chambers

Link to item:  2017-2018 Capital Budget and 2018-2022 Capital Improvement Program

2017-2018 Proposed Fees and Charges

Link to letters: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2688&meta_id=640775

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=5abad708-44d3-4738-8d8b-7ed12abc1ec0

Mayor’s budget message, plus Youth Commission memo

Recommendations from Mayor Liccardo for City Council to:

  1. Approve the City Manager’s Proposed Budget with the additional direction outlined in this memorandum for purposes of adopting a final budget for Fiscal Year 2017-2018.
  2. Adopt a resolution authorizing the City Manager to negotiate and execute agreements for projects approved in the Mayor’s Budget Message when amounts exceed the City Manager’s existing contract authority provided that any required environmental review for the project has been completed.
  3. Authorize the changes proposed in the following Manager’s Budget Addenda and incorporate them in the Adopted Budget, except in cases where the Addenda are amended or superseded by the contents of this Budget Message.

MBA #3 Homeless Response Team Park Rangers Extension

MBA #4                Mayor’s Gang Prevention Task Force and San Jose Bringing Everyone’s Strengths Together Resource Allocation Plan

MBA #5                Office of Equality Assurance Software Solution

MBA #11              Recommendation on the 2018-2022 Proposed Capital Improvement Program

MBA #12              Proposed 2017-2018 Transient Occupancy Tax Funded Arts and Cultural Development Grants

MBA #14              Team San Jose 2017-2018 Performance Measures

MBA #17              Finance Department Reorganization Proposal

MBA #19              Integrated Waste Management Fund Update

MBA #21              Grace Community Center

MBA #22              Camera 3 Theater – Capital Infrastructure Improvement Plan

MBA #23              Amendments to the 2017-2018 Proposed Fees & Charges Report

MBA #24              Sales Tax Independent Citizens Oversight Committee Report

MBA #25              Sale of Hayes Mansion – Implications of Agreement Termination

MBA #26              Recommended Amendments to the 2017-2018 Proposed Operating and Capital Budgets

New memo from the City’s Youth Commission details various message items it strongly supports, and outlines additional considerations that the Commission believes will make these initiatives more youth-inclusive.

Where: San Jose City Council

When: Tue, June 13, 2017, 1:30PM, Council Chambers

Link to memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2688&meta_id=639247

Link to Youth Cmsn memo: http://sanjose.granicus.com/MetaViewer.php?view_id=&event_id=2688&meta_id=639304

Link to agenda: http://sanjose.granicus.com/GeneratedAgendaViewer.php?event_id=5abad708-44d3-4738-8d8b-7ed12abc1ec0

 

Report on Safe Communities Multi-Family Housing Pilot Program

To provide a report on the Safe Communities Multi-Family Housing Pilot Program for the Hoffman/Via Monte area of City Council District 10.

*This item was dropped by the Rules Committee on May 17, 2017, and is to be heard by the full City Council on August 29, 2017.

Where:   Public Safety, Finance, and Strategic Support Committee

When: Thur. June 15, 2017, 1:30PM, Council Chambers

Link to item:  n/a

Link to agenda: http://www.sanjoseca.gov/DocumentCenter/View/69556

City of Mountain View

Study Session on East Whisman Precise Plan, with focus on neighborhood strategy, affordable housing, and traffic circulation

Council will be holding a study session to provide direction on policy questions regarding a complete neighborhood strategy, affordable housing approach, and conceptual circulation networks for the East Whisman Precise Plan. Staff seeks Council direction on these key topics in order to prepare policies, guidelines, and standards for the Draft Precise Plan and conduct the transportation analysis for the Precise Plan Environmental Impact Report (EIR).

Staff are seeking input on the below questions:

  1. Does Council wish to pursue a complete neighborhood strategy for the East Whisman Precise Plan or use an alternative approach for achieving a mix of uses in the Plan area?
  2. Does Council wish to pursue an affordable housing strategy for East Whisman similar to North Bayshore and the Draft Affordable Housing Guidelines?
  3. Does Council support the identified mobility goals and objectives for the Precise Plan, or are modifications or additions to these goals and objectives desired?
  4. Does Council support further study of the conceptual circulation networks provided for vehicles, bicycles, and pedestrians, or are alternative connections or modifications desired?

Where: Mountain View City Council

When: June 13, 2017, 5:00pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3078515&GUID=EE874413-2553-43B4-AA0C-C97D6F54B775&Options=&Search=

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=547365&GUID=B1BCE88A-6C41-4587-A511-FC78B12B4B3F

 

Repealing the Right-to-Lease Ordinance and Rental Housing Dispute Resolution Program

Staff is recommending that Council adopt an ordinance repealing the Right-To-Lease Ordinance and the Rental Housing Dispute Resolution Program in order to avoid regulatory confusion with the Community Stabilization and Fair Rent Act.

The RTLO is superseded by the CSFRA because it requires that the rent for a rental unit with a written six-month or one-year lease not exceed the rental rate for the same unit for month-to-month tenancy. Under the RHDRP, landlords are limited to two rent increases in any consecutive 12-month period. This provision conflicts with the CSFRA, which permits only one rent increase per 12-month period. In addition, the disputes covered by the RHDRP include rent increases in excess of 7.2 percent per year. The CSFRA governs and allows a different annual rent increase based on the Consumer Price Index. To address the conflicts created by the overlapping statutory schemes, the City Council introduced an ordinance repealing both the RTLO and RHDRP so they do not conflict with the CSFRA, and to eliminate confusion for both landlords and tenants as to which regulations apply to a particular rental unit.

Repeal of the RHDRP and elimination of the RHDRP Fee will remove the authority to assess the fee, resulting in a reduction of $110,000 in revenue to the General Operating Fund for Fiscal Year 2017-18.

Where: Mountain View City Council

When: June 13, 2017, 5:00pm

Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3078518&GUID=C6D1DB52-50E4-4864-AAC8-2D6A43C8D136&Options=&Search=

Link to agenda: https://mountainview.legistar.com/View.ashx?M=A&ID=547365&GUID=B1BCE88A-6C41-4587-A511-FC78B12B4B3F

City of Santa Clara

Approving multiple contracts for Convention Center related services

Staff is recommending that Council approve multiple agreements for Santa Clara Convention Center related services with various contracting vendors, including:

  • A $180,490 agreement with Universal Site Services, Inc. for sweeping services for a 3-year term, with the option to extend the agreement for 2 years, for a total not-to exceed amount of $310,021;
  • A $750,000 agreement with Ace Parking Management, INc. for event parking management services for a 3-year term, with the option to extend the agreement for 2 years, for a total not-to-exceed amount of $1,275,000;
  • A $563,656 agreement with Universal Site Services, Inc. for Janitorial and Pressure Washing Services for a 3-year term, with the option to extend the agreement for 2 years, for a total not-to-exceed amount of $968,174;
  • A $577,974 agreement with Brightview Landscaping, Inc. for landscaping services, with the option to extend the agreement for 2 years, for a total not-to-exceed amount of $979,801;
  • A $484,653 agreement with Universal Protection Service, LP DBA Allied Universal Security Services for security services for a 3-year term, with the option to extend the agreement for 2 years, for a total not-to-exceed amount of $836,407.

Where: Santa Clara City Council

When: June 13, 2017, 7:00pm

Link to item:

http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=59555

http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=59556

http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=59557

http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=59563

http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=59564

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1981&doctype=AGENDA

 

Study Session on Core housing development at 90 N. Winchester (BAREC site)

Council will be holding a study session on the Santa Clara Sustainable Residential Project, during which Project for Public Spaces (PPS) will be presenting their findings and recommendations related to the subject project and the public Visioning Workshop held on March 25, 2017.

The 5.8 acre project site at 90 N. Winchester is currently vacant. In 2007, the City approved the development of up to 165 affordable senior residential units and a one-acre park on the site as part of the larger 17-acre Santa Clara Gardens project. The project was never constructed and the site was deeded to the City’s Housing Authority in 2011. The City entered into an Exclusive Negotiating Agreement with Core Affordable Housing (Core) in 2016 following an RFP. Core proposed to construct a residential mixed-use development consisting of up to 419 mixed income units, 165 affordable senior apartments, up to 25,000 square feet of supporting commercial uses, and approximately 1.5 acres of agricultural and open space.

The preparation of an EIR is currently underway. Project for Public Spaces (PPS) was retained to review the design of the proposed public spaces on the project site and to offer findings and recommendations regarding their design. PPS hosted a public visioning workshop with approximately 100 community members attending. PPS has prepared a document with recommendations for the site based on the community visioning session and their own analysis.

Where: Santa Clara City Council

When: June 13, 2017, 5:00pm

Link to item: http://sireweb.santaclaraca.gov/sirepub/agdocs.aspx?doctype=agenda&itemid=59546

Link to agenda: http://sireweb.santaclaraca.gov/sirepub/mtgviewer.aspx?meetid=1981&doctype=AGENDA

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