Progress report on new Downtown EIR & Diridon Station
CED will receive a progress report related to Downtown commercial and residential development, economic vitality initiatives, public life and place making, clean and safe activities, special events, and convention and cultural activities.
The Downtown Strategy 2040 EIR is on track for completion this year and will evaluate the impacts of the construction of Downtown development projects. The Downtown EIR will enable an increase in both commercial development (up to 15.6 million square feet and 3,600 hotel rooms) and residential development (up to 14,360 units) in the approximately three square miles bounded by Taylor Street, San Jose State University, Interstate 280 and the Diridon Station Area.
Since June 2017, Downtown San Jose has continued to expand amenities and faster population growth, including a higher-income, higher-educated millennial population. Downtown hosts approximately 180 tech companies and has 2,173 residential units under construction. The distribution of Downtown businesses by sector remains approximately 34 percent professional services; 22 percent real estate; 21 percent retail; 8 percent tech; and 15 percent general commercial, nonprofit and government.
The report also includes a brief update on Diridon Station. On June 6, 2017, the City announced it was entering into an exclusive negotiating agreement with Google for acquisition of properties owned by the City of San Jose and the Successor Agency to the Redevelopment Agency. So far, Google and its development partners have acquired privately owned parcels in the Diridon Station Area at a total cost of $233 million. These acquisitions are in anticipation of the potential future construction of 6M-8M square feet of mixed-use, transit-oriented development near Diridon Station.
Where: San Jose City Council Community Economic Development Committee
When: Mon. June 25, 2018, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3513482&GUID=F49CD5A4-3F9B-4A24-BF48-B0AD25E7177C&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=588071&GUID=EF1ED18F-E4F5-4382-9A0A-CBE87722E077&Options=&Search=
Transferring Museum Place development rights from Insight to Gary Dillabough
Council will consider approving the transfer of the DDA rights and responsibilities for the Museum Place project from Insight King Wah to an LLC associated with Gary Dillabough, the owner of the Bank of Italy building. Council will consent to an assignment by Insight King Wah, LLC of its interest as the Developer in the Disposition and Development Agreement dated August 18, 2017 for the Museum Place project to Museum Place Owner LLC.
Consent to the assignment will allow the transfer of all of the rights and obligations of Insight King Wah, LLC, the original developer under the DDA for the Museum Place project, to Museum Place Owner, LLC led by Gary Dillabough. Mr. Dillabough and his partners are also the owners of multiple downtown properties including the Bank of Italy and the Fountain Alley parking lot. Museum Place Owner, LLC has stated their intention to move the project forward within the timeframe outlined in the current Schedule of Performance.
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=88c7fbc2-9b3c-49dc-ad19-da5a4a9c94b4.pdf
Where: San Jose City Council
When: Tuesday, June 26, 1.30pm, City Chamber
Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3638
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=604598&GUID=FCF17DCF-1E9B-4FF4-98AD-31EDB5702659
Continuing developing ballot measure for council salary setting and procurement, changing bid procedure, and restrict competing measures
- Review the results of a survey regarding a potential ballot measure to modernize the City Charter. b. Direct the City Manager and City Attorney to draft ballot language and return to City Council no later than August 7, 2018 for consideration of placing on the November 6, 2018 ballot a measure modernizing the City Charter with respect to removing the ability of the City Council to set their own salaries and limiting City Council increases to annual adjustments accounting only for inflation; streamlining construction contract procurement and updating the bidding process; and aligning the City Charter with state law regarding competing measures in Municipal Elections.
If the City Council approves this item, the Administration will continue developing a ballot measure for the November 2018 citywide ballot that would modernize the City Charter with respect to Council salary setting, the City’s construction contract procurement process, and placing competing measures on the City ballot.
The changes to the contracting procedures would include:
1) Minor project limit: Increase the minor project limit from $ 100,000 to $600,000 to be
more consistent with other jurisdictions, save time and money on smaller projects, and
enhance the opportunities for small and local business participation.
2) Best Value Contracting: Proceed with Best Value contracting as a “tool in the toolbox”
for staff to use on complicated projects. Provide further information on this alternative to
the City Council on August 7, 2018.
3) Advertising Bid Opportunities: Replace the requirement to advertise projects in a local
newspaper of general circulation with a requirement for advertising a project by
newspaper or other means that adequately informs the general contracting community of
the solicitation; and
4) Other: Decrease the design build limit from $5 million to $1 million in alignment with
State law. If Mayor and City Council preliminarily support this reduction, staff will
present additional analysis to support this recommendation at the August 7, 2018 City
Council meeting.
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=326e435d-78f5-4d0a-ad7f-ac50d8a546fd.pdf
Where: San Jose City Council
When: Tuesday, June 26, 1.30pm, City Chamber
Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3654
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=604598&GUID=FCF17DCF-1E9B-4FF4-98AD-31EDB5702659
Approving $30m sale of Hayes Mansion hotel and conference center
Staff recommend:
- Adopt a resolution of the City Council:
- Approving a Purchase and Sale Agreement with JMA Ventures, LLC for the sale of the Hayes Mansion hotel and conference center, including all furniture, fixtures, equipment, and vehicles, located at 200 Edenvale Avenue. in San José, for the amount of $30,000,000;
- Authorizing the City Manager to negotiate an additional provision in the Purchase and Sale Agreement to address potential financial implications related to the collective bargaining agreement between Dolce Hayes Mansion and Unite Here, Local 19;
- Authorizing the City Manager to negotiate and execute an Assignment of the Hotel Management Agreement to the Purchaser;
- Authorizing the City Manager to execute the deed and all other documents needed to complete the transaction; and
- Accepting the transfer of the Grant Deed for the Hayes Mansion property as of the closing date of the sale of the property to JMA Ventures, LLC in exchange for funds sufficient (in combination with proceeds on hand in associated Debt Service Reserve Funds) to retire all bonds issued by the City of San José Financing Authority that are secured by the Hayes Mansion property;
- Directing staff to apply the sale proceeds and other related proceeds and savings to the retirement of debt and payment of obligations related to the Hayes Mansion as set forth herein; and
- Directing staff to return to the City Council with recommendations to allocate any remaining proceeds in accordance with City Council Policy 1-18.
- Adopt a resolution of the City of San José Financing Authority Board directing the Executive Director or the Treasurer of the Authority or their authorized designees to take the necessary actions to effectuate the transfer of the Hayes Mansion property to the City in conjunction with the sale of the property to JMA Ventures, LLC and apply the sale proceeds, Debt Services Reserve Funds and other funds on hand related to the City of San José Financing Authority Lease Revenue Bonds, Series 2008C and Series 2008D (Hayes Mansion Refunding Project) to retire these outstanding bonds and repealing Resolution No. 129.
Adoption of the resolutions by the City Council and Authority Board will allow for the sale of approximately 6.32 acres of City-owned land and 275,231 square feet of City-owned commercial building space, located at 200 Edenvale Avenue to JMA Ventures, LLC for the amount of $30,000,000. The sale proceeds, combined with other assets associated with the sale of the Hayes Mansion and the release of debt service reserves of obligations used to finance the Hayes Mansion will be used to retire approximately $28,460,000 of long-term bond indebtedness issued by the Authority for the Hayes Mansion project and pay contractually obligated close out expenses attributable to the Hayes Mansion sale transaction. The balance of any remaining funds shall be used in manner consistent with City Council Policy 1-18, “Operating Budget and Capital Improvement Program Policy” and will be brought forward for Council action as part of the 2017-2018 Annual Report
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=eed2ef7c-6b08-40b2-9aa1-657679bdb19c.pdf
Supplemental memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=1ab6d14d-e2bd-4401-bf25-5f31f2b91f49.pdf
Where: San Jose City Council
When: Tuesday, June 26, 1.30pm, City Chamber
Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3632
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=604598&GUID=FCF17DCF-1E9B-4FF4-98AD-31EDB5702659
Ending negotiations with current Recycle Plus haulers after unsuccessful negotiations and soliciting bids for residential solid waste services
- Accept staff’s report discussing the negotiations with the current Recycle Plus haulers and providing information on staff’s evaluation that the negotiations were unsuccessful; b. Direct staff to end negotiations with the current Recycle Plus haulers; c. Adopt a resolution authorizing the City Manager to waive the contractor disincentives for not meeting the required diversion rates for calendar year 2018, if by December 31, 2018 the City Manager determines that the Recycle Plus haulers are unable to meet their required diversion rates because of China’s “National Sword” policy on the import of recyclable materials; d. Direct staff to return with recommendations on future waivers as part of the budget process for 2019-2020 if necessary because of the continuing impacts of China’s “National Sword” policy
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=eaef455c-d3a0-4fdc-82d6-6911296dfe24.pdf
Direct staff to: a. Initiate development of a Request for Proposals (RFP) to solicit and award agreements for residential solid waste services that would begin July 1, 2021; services will include collection and processing of solid waste, recyclables, and organic materials for each of the two service districts for single-family residences and a citywide district for multi-family residences, and City Facilities; b. Establish term of 15 years for the new agreements; c. Include the following in the Request for Proposals: 1. Living wage and employee retention requirements consistent with Council’s Living Wage Policy; 2. Solicit ideas for the new system to be flexible to address evolving recycling markets; while continuing to meet zero waste goals; 3. Solicit ideas for the new system to support Climate Smart San José and reduce greenhouse gas emissions; 4. Include optional services for emergency response support; 5. Solicit ideas for providing larger garbage carts to single-family residents and exploring updated customer rate structures; 6. Performance standards that would address leveraging technology and providing ease of use for enhanced customer service, material recovery and marketing, service delivery, environmental compliance, and vehicle standards; d. Complete waste characterization studies to inform the RFP; e. Explore using City staff for Junk Pick-Up services and customer outreach; and f. Procure residential street sweeping and Public Litter Cans services separately from residential waste services.
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=f2217812-7e57-4cc6-b208-9e2e5988af29.pdf
- Accept the staff report on: 1. The proposed methodology to implement a Modified Living Wage for Recycle Plus Customer Service Representatives, Mechanics, and Materials Recovery Facility workers (“Facility Workers”); and 2. Updated labor peace plans from the Recycle Plus contractors. b. Adopt a resolution authorizing the City Manager to negotiate and execute contract amendments with GreenTeam of San Jose and GreenWaste Recovery Inc. to implement a Modified Living Wage Requirement for Recycle Plus Facility Workers effective September 1, 2018. c. Direct staff to include a Living Wage requirement for the Recycle Plus program in future residential garbage and recycling agreements.
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=cbfd6321-ef81-4a5f-a26a-19aeb7e5db25.pdf
Where: San Jose City Council
When: Tuesday, June 26, 1.30pm, City Chamber
Link to item: http://sanjose.legistar.com/gateway.aspx?m=l&id=/matter.aspx?key=3647
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=604598&GUID=FCF17DCF-1E9B-4FF4-98AD-31EDB5702659
Review results of polling for the potential November General Obligation Bond measure
Council will consider moving forward with an omnibus version of the potential November ballot measure which will include multiple public safety and infrastructure needs. Both a $950 million and $750 million omnibus option polled above the 2/3 requirement.
Fairbank, Maslin, Maullin, Metz & Associates (FM3), the City’s contracted survey research consultants, conducted a second public opinion survey from June 2, 2018 to June 10, 2018 to assess voter willingness to support a potential general obligation bond measure in November 2018, with 1,203 San Jose voters in English, Spanish, and Vietnamese on both landlines and cell phones.
The principal goal was to test the electoral viability of three potential general obligation bond options. To avoid confusion, respondents were asked about one of the following three options:
1) An omnibus general obligation bond authorization of $950 million to support public safety, emergency preparedness, streets and roads, and other urgent infrastructure needs.
2) A general obligation bond authorization of $500 million to repair neighborhood streets, roads, bridges, stormdrains, and other urgent transportation-related infrastructure.
3) A general obligation bond authorization of $500 million to upgrade 911 communications, fire, police, paramedic, and emergency/disaster response facilities.
For each of the above potential general obligation bond measures, researchers tested voters’ willingness to pay a lower authorized amount ($750 million for the omnibus bond measure; $300 million for the streets/roads measure and for the public safety/emergency response measure).
The survey results indicated:
- Only the omnibus general obligation bond measure exceeded the two-thirds threshold with 68 percent support. Support for the streets/roads (66 percent) and public safety/emergency response (65 percent) measures both fell just below the two-thirds requirement.
With approval of this item, the City Manager and City Attorney will bring forward a ballot measure for Council to consider placing on the November 6, 2018 citywide ballot. If needed, the City’s survey consultant will conduct additional polling to refine the ballot language. Finally, the City Manager will also develop an education and outreach plan that includes engaging with Council offices and the community to provide information about the general obligation bond and the City’s infrastructure needs
Memo: http://sanjose.legistar.com/gateway.aspx?M=F&ID=10c54c43-ad4a-401c-89af-0bd8c5262c7e.pdf
Where: San Jose City Council
When: Tuesday, June 26, 1.30pm, City Chamber
Link to item: http://sanjose.legistar.com/gateway.aspx?M=F&ID=10c54c43-ad4a-401c-89af-0bd8c5262c7e.pdf
Link to agenda: https://sanjose.legistar.com/View.ashx?M=A&ID=604598&GUID=FCF17DCF-1E9B-4FF4-98AD-31EDB5702659
Report on contacting strategies for DBEs; recs include increase of threshold for no-bid Public Works contracts to $600K
Staff are recommending that CED accept recommendations from a report analyzing contracting and procurement practices as part of the strategy for implementing a Disadvantaged Business Enterprise Program throughout the City’s departments.
At the April 3, 2018 Council Meeting, staff was directed to return to Council with a report discussing the advantages and drawbacks of the “lowest responsible bidder” provisions of the City Charter. At the June 26, 2018 City Council meeting, Public Works will bring forward a discussion that includes a possible increase to the threshold for Minor Public Works Contracts (not required to be procured through a formal bidding process) from $100,000 to $600,000. This change would allow the City to expand the local and small business preference program and allow staff greater flexibility to increase the participation of underrepresented businesses.
Other recommendations in the report include a Phase 1 focus on networking and education with the construction community to improve outreach and provide better access to opportunities. Examples include supplementing the pre-bid and pre-proposal conferences with separate meet-and-greet events for prime contractors, subcontractors, and suppliers on large construction projects or plans for a series of contracts; directly reaching out to local businesses subject to the San Jose Business Tax to encourage those companies to register on Bidsync or other procurement system; expanding community engagement through education programs consisting of workshops, courses, and on-line tutorials.
The report also explores ways the City might expand opportunities for small and underutilized businesses to perform locally funded Non-Construction, Major and Minor Public Works Construction contracts and subcontracts. These recommendations include implementing a Small Business Enterprise contract participation goal setting for all contract procurements; extending the local and small business preference program for major and minor Public Works construction; implementing a Small Business Enterprise (SBE) contract participation goal setting for all contract procurements; and creating a Working Capital Program to help contractors meet the bonding requirements.
Phase 2 recommendations will be brought to CED in March 2019.
Where: San Jose City Council Community Economic Development Committee
When: Mon. June 25, 2018, 1:30pm
Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3513484&GUID=D4F0FB04-BE2A-4287-B949-98E72807FF7F&Options=&Search=
Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=588071&GUID=EF1ED18F-E4F5-4382-9A0A-CBE87722E077&Options=&Search=
City of Sunnyvale
Selecting higher-density Housing Study option for the Lawrence Station Area Plan
Staff are recommending that council select Option 3 as the preferred Housing Study, along with directing staff to proceed with the study to amend the Lawrence Station Area Plan and complete the environmental review.
Option 3 is supported by the Planning Commission as the method with the highest increase in housing units that includes expanded areas for housing. The study includes an additional 2,839 housing units: increase the total number of allowable housing units in the LSAP to 5,162 and the maximum density allowed in the MXD-I and MXD-II-zoned areas to 100 dwelling units per acre. Staff believe the option responds to the need for more housing in Sunnyvale, and retains the ability for flexible mixed-use development and allows other types of land uses, such as office/R&D, to be considered.
Where: Sunnyvale City Council
When: Tues, June 26, 2018, 5:00pm
Link to item: https://sunnyvaleca.legistar.com/LegislationDetail.aspx?ID=3536227&GUID=01CCF111-32B3-4667-9A20-EA3ADF2E96BD&Options=&Search=
Link to agenda: https://sunnyvaleca.legistar.com/MeetingDetail.aspx?ID=573853&GUID=FF9A16ED-FE53-45BD-840C-7CC453F0EBFD&Options=info&Search=
City of Mountain View
Adopting ordinances to place cannabis tax and business license tax (head tax) on Nov. ballot
Council will consider draft ordinances to place ballot measures on the November 6, 2018 ballot that would establish a tax of up to 9 percent on cannabis retail sales and would restructure the business license tax with a revenue target of up to $10M.
In 2017, council directed staff to explore three possible measures for the 2018 ballot: (1) taxation of cannabis; (2) an increase in the Transient Occupancy Tax (TOT); and (3) an employer tax (restructuring the Business License). In January 2018, the City Council created a work plan and established an ad hoc subcommittee to explore all three potential measures for the November 2018 ballot. At the June 5, 2018, City Council meeting, after hearing public comment and discussing the issue, Council provided direction to prepare the necessary legislation to allow the City Council to place both the cannabis gross receipts tax and the BL Tax measures on the ballot at their June 26, 2018 meeting. Council was no longer interested in pursuing a TOT increase.
According to polling, 71 percent of voters support the cannabis tax; 59 percent would be willing to back the BL Tax. At the June 5 meeting, the City Council decided the bulk of the BL tax funds would dedicated to transportation. Staff also drafted a resolution proposing that 80 percent of the funds would be for transportation and 10 percent would be for affordable housing, with the remaining 10 percent for general governmental purposes.
Where: Mountain View City Council
When: Tue. June 26, 2018, 5:00pm
Link to item: https://mountainview.legistar.com/LegislationDetail.aspx?ID=3536981&GUID=E3A7806E-81B9-48DD-B317-4E3AA3DB2CB8&Options=&Search=
Link to agenda: https://mountainview.legistar.com/MeetingDetail.aspx?ID=603927&GUID=316FE47C-26AA-443C-827D-1920D0802BF4&Options=info&Search=
City of Santa Clara
Direction on whether to renew agreement with Chamber for management of Santa Clara Convention Center
At the May 22, 2018, staff requested direction from Council on the management fee to the Santa Clara Chamber of Commerce for the management of the Santa Clara Convention Center. Council directed the City Manager and City Attorney to begin a process of exploring a term sheet for a new agreement with the Chamber of Commerce for their management of the Convention Center; begin the process to execute a financial and performance audit of the Chamber; and that the management fee be suspended until such time that we can enter into a new agreement.
There are two agreements with the Santa Clara Chamber of Commerce: 1) a management agreement for the operation of the Santa Clara Convention Center and 2) an agreement to provide convention and visitor services promoting tourism in the City of Santa Clara and to market the Santa Clara Convention Center (CVB Agreement).
For FY17/18, a total not to exceed amount of $1,461,601 for a convention and visitor services agreement with the Chamber (CVB Agreement) expires on June 30, 2018. Staff is seeking Council direction on the convention and visitor services commencing July 1, 2018.
There are several alternatives available for Council consideration, which are:
1) Maintain the Status Quo: Execute a One-Year Agreement
2) Allow Agreement to Expire and Direct the City Manager to Seek Another Provider for These Services and Execute Contracts
3) Direct City Manager to Negotiate and Execute a Bridge Agreement to:
(a) Transition to another provider or
(b) Determine Long Term Agreement Terms with the Chamber
4) Any Other Action Determined by the City Council
City Manager recommends approval of either: Alternative #: or Alternative #3.
Staff memo states: There is very little information for the City Manager to make an informed decision for renewing the contract for another year. Preliminary observations illustrate that major improvement relative to oversight and management of these services is required. Additionally, delays have already adversely impacted the continuation of these services and there will be disruption in services.
Where: Santa Clara City Council
When: Tue. June 26, 2018, 7:00pm
Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=590768&GUID=A1C42273-7658-4921-B43D-97B34DE6F65E&Options=info&Search=
Calling for special election of the City Clerk on Nov. 6, 2018
Staff recommend adoption of the resolutions for calling a special municipal election November 6, 2018 for the election of the City Clerk’s partial term ending November 2020.
Where: Santa Clara City Council
When: Tue. June 26, 2018, 7:00pm
Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3538139&GUID=00557EE4-02A3-4AC6-9E7A-1657C6E0259B&Options=&Search=
Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=590768&GUID=A1C42273-7658-4921-B43D-97B34DE6F65E&Options=info&Search=
Santa Clara Unified School District
Direction on possible General Obligation bond & facility needs
Staff will present results of the Facility Needs Task Force Analysis of Possible Future Bond Programs. Staff will also present multiple options for Bond Authorization amounts and strategies to address the Districts immediate and future facility’s needs.
The Facility Needs Task Force has worked over the last year to review and analyze facility needs data generated by staff. Multiple scenarios and been generated utilizing multiple evaluation criteria to develop schemes and scenarios for possible General Obligation Bond authorization amounts and project lists.
Where: Santa Clara Unified School District
When: June 28, 2018/ 5:00 p.m./ District Board Room
Link to item: n/ a
Link to agenda: https://agendaonline.net/public/Meeting.aspx?AgencyID=209&MeetingID=57408&AgencyTypeID=1&IsArchived=False
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