Policy Watch: Week of 5/20

Santa Clara County

Approving $400K contract with Gensler for public outreach & site plan for potential future re-development of Reid-Hillview

At the December 4, 2018 Board of Supervisors meeting the Board adopted several actions related to the County Airports System.  Item number four of the referral directed administration to invite the City of San Jose to engage in a joint planning process relating to the use of Reid-Hillview and the Eastridge areas, including possible alternate uses after 2031.

County staff has met with City of San Jose staff several times regarding the joint planning process and the City has indicated a desire to participate. Staff is recommending that the County proceed with the Board direction and coordinate with the City of San Jose to the extent that the City can participate.

County staff are recommending using the existing agreement with Gensler and Associates for on-call Planning, Environmental and Architectural and Engineering services to address the conceptual planning needs for the potential redevelopment of the Reid-Hillview Airport. FAF would use Gensler’s services to gain a better idea of the site conditions and constraints for possible future redevelopment.

Gensler would assist the County with program development, including site research, to learn about the project site and the rules and regulations that may influence the possible uses of the site. Gensler will use this information to prepare four to six preliminary site concept schemes that will consider a wide variety of options for the layout of the site with early consideration given to a variety of different uses, open space, parking, building massing/location, and other factors which impact the land use. A key component of Gensler’s scope will include extensive public outreach to the community, various stakeholder groups, the City and County administrations. Based on feedback from the Board of Supervisors, the City of San Jose City Council, various stakeholder groups and the community, Gensler will assist the County with developing a preferred site plan for use in projecting future ridership on the proposed VTA Capitol Corridor Light Rail line extension to Eastridge Mall and to establish a basis for possible project scope when/if the County chooses to redevelop the site following the expiration of the current FAA grant assurances in 2031.

The cost estimate for the work is $400,000. Upon the Board’s approval of the funding, a Project Agreement will be prepared, and work will commence in June of 2019 with a completion schedule of February 2020.

Recommended action: Approve Request for Appropriation Modification No. 275 – $400,000 transferring funds from the General Fund Contingency Reserve to the Facilities and Fleet Department budget relating to funding for consultant services for Reid-Hillview Airport land use planning.

Where: Santa Clara County Board of Supervisors

When: May 21, 2019, 9:30AM

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=11032&MediaPosition=&ID=96399&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=11032

Wasserman referral to Administration requesting recommendations on commercial leasing at San Martin and Reid-Hillview Airports

Both County Airports operate through the Airport Enterprise Fund (AEF), which encompasses general maintenance and capital improvement demands. The lease agreements that the Airports have with Fixed-Base Operators (FBOs) and aircraft storage are the primary sources of revenue for the AEF constituting 85 percent of the total revenue stream.

The Board of Supervisors voted on a set of alternative recommendations at the December 4, 2018 regular Board meeting (Item #19), however, there was no direction regarding the leasing strategy that would be adopted by the airports to enhance the AEF. This omission has caused occupants to become uncertain of any long-term opportunities within the airport.

The Board’s action of December 4th related to the Airports Business Plan did not approve the Updated Airports Business Plan, and therefore left the recommendations regarding the Fixed Based Operators at the County Airports in limbo.  These operators need clarity for the future in order to invest in their businesses.  This referral requests that Administration return to the Board with options to provide for the execution of leases with new and existing tenants, for a period not to exceed 10 years, at San Martin and Reid-Hillview Airports.

Where: Santa Clara County Board of Supervisors

When: May 21, 2019, 9:30AM

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=11032&MediaPosition=&ID=96742&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=11032

Report & next steps on redevelopment plans for County-owned East Santa Clara Street site (former SJMC)

The Board will receive a report on the Master Plan for the East Santa Clara Street site, a 12-acre site previously occupied by San José Hospital. This is the third and final report to the Board on preparation of the Master Plan.

Gensler created a single final master plan for consideration by the community, which was presented at a fourth community meeting held on March 6, 2019.  As a result of the community input received, Gensler produced this Final Draft East Santa Clara Master Plan for the Board’s review. This final plan was posted for public review on the County’s website (www.sccgov.org/ESC).

The resulting Final Draft East Santa Clara Master Plan fits into the City of San José’s Urban Village Plan, with potential for 550-800 dwelling units, depending on the mix of types of buildings and the mix between individuals and families; 320,000 to 360,000 gross square feet of office; and 11,000 to 18,000 square feet of retail space upon full build-out. 

The City of San José and the surrounding community have expressed their strong support for neighborhood-serving retail to be part of this master plan. Two retail elements have garnered the most support, and are shown by the retail study to be potentially supportable: food service and convenience grocery. The Final Master Plan includes approximately 4,000 square feet of retail in the first office building to capture this unmet demand.  The design includes options in the second office building to include either 7,000 square feet or 14,000 square feet of convenience retail facing onto East Santa Clara Street. That allows for a single grocery tenant of either size, or subdivided into more than one occupancy.

This report completes Gensler’s work on the East Santa Clara Master Plan. The Housing Authority will move forward with developing the three affordable housing projects identified in the Final Master Plan located on their land. On the County’s land, the Office of Supportive Housing is in the initial planning stages to design and build two or three housing projects on the County’s property. The County and SCCHA will work together to establish appropriate affordability level goals for the entire site. The County will set the East Santa Clara Master Plan site affordability goals when the Board approves the selection of a developer (or developers) for the County-owned parcels. Both activities will be finalized by the end of 2019.

Where: Santa Clara County Board of Supervisors

When: Tuesday, May 21, 2019, 9:30am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=11032&MediaPosition=&ID=96403&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=11032

OLSE report on Food Permit Pilot implementation plan

The Board will receive a report on the Food Permit Pilot implementation plan and enforcement procedures.

OLSE will begin pilot program activities in Fall 2019 beginning with a letter issued by the Department of Environmental Health (DEH) introducing the program to all retail food vendors in the pilot sites. OLSE will then launch a robust outreach and engagement campaign followed by a program to enforce the permit condition that requires food facilities to comply with the outstanding labor judgments. OLSE will launch the Food Permit Pilot Program in the cities of Sunnyvale, Mountain View, and San José (within two central zip codes: 95112 and 95113).  

In the Pilot’s initial enforcement phase, OLSE will use judgment data dating back to 2015. OLSE is working with data managers from state and federal agency partners—including DLSE, the California Department of Fair Employment and Housing (DFEH), the federal Department of Labor (DOL), and the federal Equal Employment Opportunity Commission (EEOC)—to compile a list of outstanding judgments against retail food facility permitholders in the pilot sites. Together with these partners, OLSE will compile lists of judgments from each agency for each pilot site that identify permitted food facilities by the dollar figure of unpaid judgments and by the number of unpaid judgments. OLSE will then begin enforcement activities after three months of active business engagement informing them of the specifics of the Pilot or when 30 percent of food permit holders in each pilot site have been contacted, whichever occurs sooner. 

Enforcement Procedure

OLSE will engage an employer in a pilot jurisdiction that holds a food facility permit when partner agency data or OLSE’s investigation of an individual complaint indicates the employer has failed to pay an outstanding judgment holding the employer liable for wage theft, or violations of laws prohibiting sexual harassment, sexual assault, human and labor trafficking, and retaliation.

In partnership, DEH and OLSE will send a notice-to-comply letter to the employer identifying the judgment and explaining that the employer’s failure to comply with the judgment violates the condition of its food facility permit requiring the employer to comply with all applicable federal, state, and local laws.

When OLSE learns of an outstanding judgment against a permitted food facility for violation of laws prohibiting pay equity, wage theft, sexual harassment, sexual assault, or retaliation in a pilot jurisdiction, OLSE and DEH will together send a Notice to Comply to the food facility permitholder. The Notice to Comply will inform the employer that its food facility permit may be suspended or revoked if the employer fails to comply with the judgment or prove that the judgment is not final or does not apply. 

Where: Santa Clara County Board of Supervisors

When: Tuesday, May 21, 2019, 9:30am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=11032&MediaPosition=&ID=96153&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=11032

Report & direction on displacement mitigation, homeless prevention, and submitting comments on CASA policies

The Board will receive a report about current and potential policies to mitigate renter and homeowner displacement; summarizes County funding to Emergency Assistance Network (EAN) agencies for homelessness prevention services; and, analyzes some of the CASA policy recommendations through the lens of displacement. 

Displacement Mitigation

Four sources of residential displacement are: 1) emergencies and natural disasters; 2) violations of building or other codes that threaten the safety of occupants; 3) redevelopment and rehabilitation of housing units; and, 4) conversion of mobile home parks. Vulnerable tenants and homeowners, including those who are elderly, earn low-incomes, and live with disabilities, need measures to prevent or mitigate the impacts of displacement. 

Emergencies and Natural Disasters:

For their respective jurisdictions, the County and cities prepare and use emergency management plans to guide them in aiding residents who are displaced by emergencies and natural disasters, like fires and floods. If cities need additional resources to aid residents who are displaced by these incidents, they may request assistance from the County or from other cities through the County. Based on the County’s experience with emergencies and natural disasters in cities and in the unincorporated areas, the Administration does not recommend additional measures. 

Violation of Building and Other Codes:

The County and cities are required to inspect housing and have the authority under State law (Health & Safety Code) to order residents to vacate housing when the conditions endanger residents’ immediate health and safety. Jurisdictions are also authorized to order that property owners who created unsafe or hazardous housing conditions provide relocation assistance to displaced residents. The level of assistance is specified by State law or by local ordinances. The Administration does not recommend additional measures. The County’s relocation assistance ordinance already enables the County to provide provisional assistance to residents who are displaced by these unsafe or hazardous housing conditions and seek recoupment from property owners. 

Redevelopment and Rehabilitation of Rental Housing:

When property owners redevelop or rehabilitate a residential property, the current residents may be displaced temporarily or permanently. The Ellis Act allows cities and counties to regulate some aspects of how property owners remove housing from the market, including requiring that they provide relocation assistance benefits to displaced tenants. Absent an ordinance, jurisdictions may include relocation assistance benefits for displaced residents as a condition in the jurisdiction’s permitting or entitlement process to redevelop or rehabilitate housing. In the unincorporated areas, housing stock is low, and there have been few rehabilitation or redevelopment project permit applications submitted over the last three to four years.  However, given the affordable housing crisis, beginning in the late spring or early summer, the Administration will consider using one-time grant funding from SB 2 (Atkins) to promote housing development, including assessing whether some unincorporated urban areas could support higher density development. Accordingly, the Administration would draft a relocation assistance benefits ordinance that, like the cities of San José, Mountain View, or Palo Alto, requires property owners to provide predetermined benefits to residents who are displaced by no-tenant-fault evictions, like redevelopment and rehabilitation of rental housing. 

Aside from relocation assistance benefits ordinance, the County and cities can assist individuals and families who are affected by redevelopment or rehabilitation in the following ways. First, the County and other jurisdictions fund homelessness prevention services, which is described more fully later in this report. Second, the County and other jurisdictions fund organizations to provide housing-related legal services and advice for residents even if they are not participating in a homelessness prevention program. 

With $450,000 in annual funding from the County, the Law Foundation of Silicon Valley provides housing-related legal services as part of its Housing Justice & Pro-Bono Project. With $119,000 in annual funding from the County, three community-based organizations assist residents to resolve housing discrimination and displacement issues and assist seniors with a range of legal issues.

Some community-based organizations such as LFSV and Sacred Heart Community Services play a more active role in assisting residents who are facing displacement by owners’ redevelopment plans. These organizations learn about residents who are at-risk of displacement and may directly reach out to all tenants of a development or community to provide information, to assist in organizing or forming a tenants’ association, or to provide legal services. While some of the specific services may overlap with County- or city-funded programs, the County does not specifically contract with organizations to respond to potential building-wide or development-wide displacement.

Conversion of Mobile Home Parks:

Conversion of mobile home parks to other uses may displace residents, particularly mobile home owners who seek to find comparable and affordable housing in other mobile home parks in Santa Clara County. Mobile home parks are contained only in the incorporated areas of the County – in Gilroy, Milpitas, Morgan Hill, Mountain View, Palo Alto, San José, and Sunnyvale. State law requires that jurisdictions receive and evaluate a report that addresses the impacts of displacement on residents before they authorize conversion. Except for Campbell and Gilroy, all other communities with mobile home parks have adopted mobile home conversion ordinances, which require additional impact analysis. This analysis includes evaluating whether conversion is consistent with community plans, the prospective loss and potential replacement of lower-income housing units, and more generally whether conversion will be detrimental to the public health, safety and general welfare. Since there are no mobile home parks in the unincorporated areas, the Administration does not recommend any further action.

Existing Homelessness Prevention Programs and EAN Funding

Local economic conditions (e.g., increasing rents) and personal crises can bring some Santa Clara County households to the brink of homelessness. The County (and other public and private organizations) works with community-based organizations to provide case management, housing services, legal services, financial assistance and other services to assist individuals and families who are at immediate risk of homelessness. In Santa Clara County, there are two significant homelessness prevention programs, both of which are operated by the seven CBOs that form the EAN. The first program is referred to as the EAN Homeless Prevention Program (EAN HP Program). The County has agreements with each of these EAN agencies to provide homelessness prevention services to residents throughout the county. For FY 2018-19 and FY 2019-20, the County’s agreements with EAN agencies have an annual maximum financial obligation of $1,173,908, and are projected to prevent homelessness for 400 households per year. In FY 2017-18, the EAN HP Program served 424 households, providing an average of $1,317 in financial assistance per household.  

The second significant homelessness prevention program is the Homelessness Prevention System Pilot (HPS Pilot). The County, in partnership with Destination: Home, the City of San José, and private funders, began operating the HPS Pilot in July 2017. The HPS Pilot targets families who have the highest needs and provides more robust and longer-term financial assistance and support services such as legal services, employment services, child care, and transportation assistance. The HPS Pilot’s initial goal was to serve 660 families over a 24-month period (July 1, 2017 through June 30, 2019). Between July 2017 and September 2018, the program served 371 households, providing an average of $3,723 in financial assistance per household. Through the combined resources of the County, Packard Foundation, Sunlight Giving, Google.org, other private funders, and the Cities of San José, Morgan Hill and Santa Clara the HPS Pilot’s initial 24-month budget was $6,307,500. In early 2019, the County and the City of San José committed one-time Homelessness Emergency Aid Program (HEAP) and other funds to add to private funding raised by Destination: Home to expand the HPS Pilot Program and extend it through June 30, 2021. 

Committee to House the Bay Area (CASA)

State legislators have introduced bills addressing the CASA Compact’s first three elements. These include but are not limited to: 1) declaring a housing affordability crisis and the need for a rent cap (AB 1482 – Chiu); and, 2) expanding state funding to provide rental assistance and legal aid to assist tenants who face eviction (SB 18 – Skinner). State legislators have also introduced bills to address some of the CASA Compact’s other elements, including: 1) allowing up-zoning near major transit corridors and commuter train stations and job centers (SB 50 – Wiener); and, 2) expanding funding and tax credits for, or reducing the voter threshold for, local bonds for affordable housing (SB 5 – Beall, AB 10 – Chiu, and ACA 1 – Aguiar-Curry). The Administration has expressed positions of support on AB 10 and ACA 1. Locally, some cities have previously adopted or are considering tenant-protection ordinances that address issues raised by CASA Compact Elements 1 and 2. Advocacy organizations such as SV @ Home and the Law Foundation of Silicon Valley collaborate and encourage cities to adopt related ordinances. The OSH coordinates quarterly meetings with Santa Clara County cities’ housing and community development staff. Information from these meetings, allows the OSH to keep the Administration informed of pending tenant-protection ordinances. The Administration takes a conservative approach when considering whether or not to publicly comment on a city’s proposed ordinance.

Locally, the County and other agencies are addressing housing instability (CASA Compact Element 3) by funding homelessness prevention programs. The Administration recommends working with County departments, other public agencies, private funders, and the State to develop funding mechanisms to sustain or expand homelessness prevention programs.

Where: Santa Clara County Board of Supervisors

When: Tuesday, May 21, 2019, 9:30am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=11032&MediaPosition=&ID=95003&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=11032

Report on Senior Nutrition Program expenses finds applying Living wage would increase costs by 10.29%

The County of Santa Clara – Senior Nutrition Program (SNP) is authorized by the Older Americans Act of 1965 (OAA) to provide nutrition services to all persons aged 60 or older. The Congregate Meals Program has offered nutritious and healthy meals at congregate meal sites throughout Santa Clara County since 1974.

On June 19, 2018, the BOS directed the Administration to report back on per meal reimbursement rates compared to actual costs and national averages and provide an analysis of the capacity of the congregate meal program and current budget to meet current and expected future participation rates. Reports responding to these referrals were presented to the BOS on September 25, 2018 and March 12, 2019. The report found that $899,719 in augmented funding was needed for nonprofit congregate meal providers to create rate parity between cook on-site and catered locations, meet unmet demand, and provide a FY2018-19 cost of living adjustment for nonprofit providers. In addition, it made three significant findings. First, it found future funding augmentations, in addition to cost of living increases, would be needed in future years to keep up with projected growth in the older adult population. Next, it found that additional funds may be needed in FY2023-24 to implement the living wage when the life cycle of the contracts from the last RFP ends. Lastly, it found that additional funding for innovative programming will be needed in the future to keep the program relevant to the changing needs of the older adult population

On March 12, 2019, the BOS directed the Administration to report back explaining the calculations for that report and assessing the additional funding needed to allow nonprofit congregate meal providers to pay a living wage. This item provides the requested report.

Highlights from report:

SSA conducted an analysis of how much additional funding would be needed to align wages for nonprofit subcontractors to the Living Wage standard applicable to for-profit contractors.

To do this, SSA conducted a comprehensive analysis of the budgets for 16 nonprofit organizations that provide senior nutrition meals utilizing the following methodology:

1. Using a structured template, collect data from current nonprofits that specifically incorporates the Living Wage standards;

2. Analyze intra-rater reliability in budget formulation between budget line items or rate structures;

3. Analyze rate distribution among the two types of service (cook on-site meals at $8.43 and catered meals at $9.57);

4. Calculate rates against utilization trends to project cashflow implications that would impact a CBO’s ability to pay wages consistent with the Living Wage standard applicable to for-profit contractors;

5. Apply additional funding of $899,719 from the March 12, 2019 Board meeting; and

6. Assess industry rates for similar service, factor geographic locations.

Based on this analysis, where applicable, the SSA adjusted nonprofits staff wages to match the wages outlined in the County’s Living Wage standard. The analysis concluded that $430,743.21, or approximately 10.29% additional budget is needed to align non-profit wages with the County’s Living Wage standard. This would increase the current meal rate of $9.86 to $10.87.

This analysis is not a comprehensive analysis of all living wage issues for nonprofits doing business with the County or for their employees. It is a narrow calculation of the additional budget needed to align nonprofit wages with the Living Wage standard based on hours paid and as applied only to the congregate meals contracts.

Where: Santa Clara County Board of Supervisors

When: May 21, 2019, 9:30AM

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=SplitView&MeetingID=11032&MediaPosition=&ID=96497&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=11032

Update & direction on affordable housing opportunities with community college, school and hospital districts

The Board will receive a report about the Administration’s current efforts to partner with community college, school and hospital districts to develop affordable housing on the districts’ lands or to contribute financially toward the development of affordable housing. 

On July 31, 2018, the Administration sent letters to the four community college districts in Santa Clara County with a proposed plan to implement the Board’s direction.  On September 12, 2018, the Administration sent an email to 31 school districts in Santa Clara County and the Santa Clara County Office of Education. As of May 10, 2019, two college districts and four school districts agreed to meet with staff from the Office of Supportive Housing (OSH). In addition, four other school districts are partnering with the County and the City of Palo Alto to redevelop the County-owned property at 231 Grant Avenue in Palo Alto. On May 15, 2019 the OSH sent follow-up emails to the community college and school districts that had not yet responded.

Administration’s proposed work plan:

  • Fact Finding and Scoping Meeting:  Upon request by the District, OSH will schedule an initial meeting to explore development opportunities and identify appropriate District staff to serve as a point of contact.
  • Assessment of Opportunities:  The District and OSH, based on the District’s housing program goals, will determine the appropriate sites to conduct a feasibility analysis on the development potential. Feasibility parameters include current and potential zoning, site and project information, financial feasibility, existing due diligence reports, and neighborhood context. 
  • Selection of Sites with District Staff:  OSH will schedule a follow-up meeting with the District to discuss the results of the site feasibility analysis and determine next steps for moving forward jointly with OSH assistance or solely as a District. 
  • Developer Engagement and Selection Process:  If the District chooses to move forward jointly with the County, OSH will assist with the selection process from one of the OSH’s pre-qualified pool of affordable housing developers.
  • Implementation Plan: Once a developer is selected, OSH will schedule a kick-off meeting to jointly develop a comprehensive project plan with OSH, the District and the developer.

Where: Santa Clara County Board of Supervisors

When: Tuesday, May 21, 2019, 9:30am

Link to item: http://sccgov.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=11032&MediaPosition=&ID=96113&CssClass=

Link to agenda: http://sccgov.iqm2.com/Citizens/Detail_Meeting.aspx?ID=11032

City of San Jose

Mayor, Council Members Arenas, Carrasco, Foley propose initiative to encourage ADUs, run by Housing Trust & backed by SVLG “short list” of ADU manufacturers

The Mayor as well as CMs Carrasco, Arenas, Foley propose developing a “Yes, In My Backyard” affordable housing program centered on streamlining and facilitating the construction and inhabitation of accessory dwelling units (ADUs).

The program would waive fees and provide forgivable loans for homeowners in San Jose who build an accessory dwelling unit or convert a garage into a housing unit and agree to restrict rents to a level of affordability that enables the tenancy of a low-to moderate-income household for at least five years.

The Housing Trust would administer the program, including initial loan set up, outreach and compliance. The program will be funded with up to $5M of the City’s Low-Moderate Income/Multi-Source Housing Funds, as well as by exploring additional State and private funding sources.

The Silicon Valley Leadership Group has expressed “willingness to help” in the process. Specifically, business, advocacy, and philanthropic organizations will be enlisted to help in ways such as generating a short list of ADU manufacturers willing to offer transparent, low-cost, all-inclusive packages to homeowners to rapidly scale ADU production, hosting an ADU showcasing event for homeowners, and exploring innovative financing concepts that eliminate up-front costs of ADUs for homeowners. 

Where:    San Jose Rules Committee

When: May 22, 2019, 2pm

Link to item:   https://sanjose.legistar.com/LegislationDetail.aspx?ID=3949911&GUID=6BCEDC4D-1079-454E-8CAC-2733BB01409D

Link to agenda:   https://sanjose.legistar.com/DepartmentDetail.aspx?ID=36262&GUID=C61F4090-B945-4162-94EC-A504FDB7035D

Waiving landfill diversion fine for California Waste Solutions post- China recycling ban

Previously, San Jose has required waste management companies to pay a fine (a “disincentive”) if they did not meet a certain goals around the amount of waste they diverted from landfills, into recycling. China, however, recently passed its “National Sword” policy, which means they have stopped buying up other countries’ recyclable waste.  This impacts the ability of waste management companies in San Jose to divert waste from landfills into recycling centers.

The Transportation and Environment Committee requests adding a discussion on the waiver of the diversion disincentive in residential solid waste agreements to their June 3rd Committee Agenda. The City Manager will discuss his decision to waive a portion of the disincentive owed by California Waste Solutions company for 2018.

Where:    San Jose Rules Committee

When: May 22, 2019, 2pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3949962&GUID=A4BC1307-0222-48C4-A02C-CB60AFE8B8F1

Link to agenda:   https://sanjose.legistar.com/DepartmentDetail.aspx?ID=36262&GUID=C61F4090-B945-4162-94EC-A504FDB7035D

SAAG to cover anticipated DSAP update process, DISC plan progress

Wednesday’s meeting will comprise two major parts: information on the anticipated process for amending the Diridon Station Area Plan (DSAP), and an update on the progress of the Diridon Integrated Station Concept Plan.

DSAP amendment process process: Staff will provide an overview of the anticipated process to amend the Diridon Station Area Plan (DSAP), which City Council adopted in 2014. The City anticipates reviewing a proposal by Google for a mixed-use development project concurrently with the amendment process. The meeting will include a brief presentation highlighting Google’s approach to developing a mixed-use plan, including community engagement and timeline.

DISC plan progress: The California High-Speed Rail Authority, Caltrain, City of San José, and Santa Clara Valley Transportation Authority (VTA) are working together on a Concept Plan to expand and redesign Diridon Station. The planning process began in fall 2018, and has included two rounds of outreach. The Concept Plan project team has presented to the SAAG on October 18, 2018 and March 11, 2019.

For this agenda item, staff will provide an update on progress completed to date, including preparation of three possible layouts for the future station.

Where:    Station Area Advisory Group 

When:  May 22, 2019, 6:30pm

Link to agenda:   https://sanjose.legistar.com/DepartmentDetail.aspx?ID=39462&GUID=40D14E69-5689-4CC3-BC16-   

Report & direction on moderate-income housing strategies

CED will receive a staff report on current strategies being explored to create housing for moderate-income and other “missing middle” residents in San Jose. The report will be heard by full council at the June 11, 2019 meeting.

An RFP was released in April 2019 for a consultant to develop informed options including land use entitlements and physical dwelling types, financing products and structures, and different programs and policies that can help result in housing for moderate-income households. In addition, the consultant scope includes analysis as to whether ‘naturally affordable’ housing remains affordable over the medium- to long-term, and what types of programs could help middle-income households (121- 150% AMI) to obtain affordable housing. Potential recommendations will come to City Council in late 2019.

Strategies and recommendations discussed in the current staff report include:

  • Focus on identifying strategies to serve moderate-income households (81-120% AMI):

Per the current income limits that the State issued in 2018 for Santa Clara County, which depend on family size, a moderate-income three-person family would earn between $85,050 and $135,250 per year. A single person as of 2018 would be considered to be moderate-income if they earned between $66,150 and $105,200 per year. A large proportion of San Jose’s population qualifies as moderate-income. Census data estimates that 65,354 households in San Jose qualify as moderate-income. This constitutes approximately 20% of all households in the City.

  • Incentivizing market-rate production to include a small percentage of moderately-priced restricted affordable apartments:

David Rosen and Associates provided a consultant report in 2018 indicating that the use of reasonable-cost mezzanine financing could potentially incent these units to be created for developers who use outside financing sources. A fund could be created, to be capitalized with private investors’ funds, while the City’s role, if any, would be limited and would not include providing capital for development. Further analysis on the structure of a potential fund and other alternatives would be required and is ongoing.

  • Encourage the production of ADUs:

Due to local efforts and to State law changes, San Jose’s ADU production has been increasing significantly. In 2017, 92 ADU building permits were issued, while 190 ADU building permits were issued in 2018. It is likely that a portion of ADUs will be priced by private owners as affordable to moderate income households. City staff is working with the Housing Trust of Silicon Valley to try to spur the production of ADUs. Staff from Planning, Building and Code Enforcement regularly teams with Housing Trust staff to hold homeowner outreach events for those interested in building ADUs.

  • Incentivizing developers to produce affordable homes in North San Jose.

The City anticipates opening the next allocation of 8,000 housing units in North San Jose. The update to the North San Jose Area Development Policy also requires clarification of affordability levels in the Policy’s stated goal of at least 20% of all housing built in North San Jose to be restricted affordable homes. Staff is analyzing whether and how some “missing middle” housing could be produced through incentives to build new affordable rental and for-sale homes in that area after the housing allocation is released. The housing release is anticipated to occur in the next six months, and further details are expected to come to the City Council in mid-2019.

  • Evaluating the potential for City-owned and State-owned sites to be reimagined and redeveloped into denser mixed-use forms that incorporate some housing.

It is possible that moderate-income housing could be produced as part of these redevelopments, which would likely involve public/private partnerships that involve private debt and equity, and potentially the City’s issuance of certain types of public purpose bonds.

  • Exploring strategies including community land trusts, shared equity models of homeownership, and ways in which community groups could be notified and potentially form organizations to purchase apartment buildings in order to help stabilize neighborhoods.

Staff is researching necessary ingredients to success in establishing a financially viable community land trust. Staff has asked for consulting assistance (explained below) to further identify potentially viable strategies such as these.

  • Acquisition and rehabilitation—up to $10 million of the Housing Department’s resources should be used for this.

According to developers and staff from cities that regularly fund acquisition/rehabilitation, some existing residents of these buildings may fall in the “missing middle” income range. In an effort to avoid displacement of residents from their homes, sources of City financing need to be able to accommodate moderate-income households. Staff could potentially use these funds to fund the acquisition/rehabilitation of what would be a typical tax credit project of 50 to 125 apartments. A second option would involve focusing on higher numbers of smaller buildings with mission-oriented developers who may want to focus in certain neighborhoods. Enterprise Communities, a national nonprofit intermediary, is facilitating information sharing among Bay Area localities using this strategy, which include San Francisco, Oakland, and San Mateo County. Both of these strategies require significant City funding for what could potentially be moderate-income apartments, based on existing residents’ incomes. Localities that are actively employing these strategies may use funds from inclusionary housing in-lieu fees, but more commonly use funds from general obligation bonds for affordable housing, which provide the needed flexibility.

Where: San Jose Community & Economic Development Committee

When: Monday, May 20, 2019, 1:30pm

Link to item: https://sanjose.legistar.com/LegislationDetail.aspx?ID=3927832&GUID=E7C550C2-D884-4D8D-8CA1-B6C9606E31C9&Options=&Search=

Link to agenda: https://sanjose.legistar.com/MeetingDetail.aspx?ID=673629&GUID=AF283304-55A4-4334-A68E-11E34ECF5899&Options=info&Search=

City of Mountain View

Deciding which projects & policies to prioritize for next 2 years

Staff recommends that 39 new projects, including the consolidation of a few projects, be undertaken over the next two fiscal years to achieve Council’s major goals. An additional 23 projects from the current City Council Goals Work Plan are scheduled to continue into Fiscal Year 2019-20. If Council approves the 39 recommended new projects, this will result in a total of 62 projects in support of Council goals. These projects are listed below.

Goal One: Promote a Community for All with a Focus on Strategies to Protect Vulnerable Populations and Preserve Mountain View’s Socioeconomic and Cultural Diversity.

  1. Hold a Study Session on displacement and net loss; develop a work plan for any desired follow-up actions.
  2. Develop and consider an ordinance to address wage theft and responsible construction. .
  3. Hold a Study Session on service gaps related to homelessness.
  4. Develop and consider a Community Workforce Agreement.
  5. Explore opportunities to partner with school districts to enhance after-school programs.
  6. Work to ensure a complete count in Census 2020.
  7. Provide City-led/-sponsored Know Your Rights Workshops.
  8. Implement an Oversized Vehicle Ordinance for health and safety with associated phased enforcement.
  9. Declare a housing emergency, develop a safe parking ordinance, and pilot more flexible, safe parking projects in Mountain View and regionally in cooperation with the County, community colleges, and the private sector.
  10. Continue providing outreach associated with linking the unstably housed and homeless to services and housing.
  11. Implement a Safe Parking Program to include temporary use of Shoreline at Mountain View through March 2020 and the use of a City-negotiated lot.
  12. Create a dedicated space in the Library with information from the United States Citizenship and Immigration Services about becoming a U.S. citizen, and develop a Library webpage with links to this information.
  13. Continue to collaborate with regional partners to fund and/or improve awareness of and access to information and referral resources for immigrants, particularly for mixed-status families (Community For All grants).
  14. Continue a pilot to apply a Human Rights City analysis framework to selected projects.

Goal Two: Improve the Quantity, Diversity, and Affordability of Housing by Providing Opportunities for Subsidized, Middle-Income, and Ownership Housing.

  1. Hold a Study Session to explore modifications to CSFRA for the 2020 election.
  2. Develop strategies for middle-income persons to afford different housing types.
  3. Examine and potentially develop an ordinance that controls mobile home park space rents and addresses other issues.
  4. Develop a City-led Gateway Master Plan for North Bayshore.
  5. Update City documents, including the Density Bonus Ordinance, to implement new housing laws
  6. Facilitate the development of affordable housing at the Santa Clara Valley Transportation Authority (VTA) Evelyn Site.
  7. Facilitate the planning/entitlement and building permit process for Lot 12
  8. Review and propose revisions to the R3 Zone standards that consider form-based zoning, incentivizing stacked flats, and updated rowhouse guidelines (consolidation of 2.5, 2.3, and 5.9); OR
  9. Develop a Shenandoah Precise Plan (or Project 2.5 or Project 5.1); OR Review and update the Historic Preservation Ordinance (in the Section below)
  10. Continue to market and coordinate the Request for Proposals process for Lot 12.
  11. Continue to conduct a Community Benefit Financial Study for Gatekeeper applications.
  12. Continue the East Whisman Precise Plan.
  13. Continue the Soft-Story Seismic Retrofit Program

Goal Three: Develop and Implement Comprehensive and Innovative Transportation Strategies to Achieve Mobility, Connectivity, and Safety for People of All Ages.

  1. Complete the Traffic Operations Center feasibility study and develop an implementation plan for making Mountain View a “Transportation Smart City.”
  2. Develop and implement a plan to prevent commercial parking from spilling into residential neighborhoods, including a review of the qualification requirements of the Residential Parking Permit Program to facilitate the establishment of Residential Parking Permit Zones.
  3. Develop a Citywide Transportation Demand Management Ordinance. (Or Project 2.19—Update City documents, including the Density Bonus Ordinance, to implement new housing laws in the section above.)
  4. 3.10 Review the requirements of the Neighborhood Traffic Management Program to facilitate consideration of traffic calming measures.
  5. Develop e-scooter regulations.
  6. Complete the Castro Pedestrian Mall Feasibility Study.
  7. Explore opportunities to partner with Sunnyvale and secure grant funding for expanding the Stevens Creek Trail into Sunnyvale.
  8. Conduct a Shuttle Study.

Goal Three: Continuing Projects

  1. Continue to develop a comprehensive modal plan that would involve the VTA, Caltrain, major employers, etc., and include a funding mechanism.
  2. Continue to implement the Transit Center Master Plan.
  3. Continue to implement the Vision Zero Policy/Program
  4. Continue to implement Downtown Parking Long-Term Solutions—Shared Parking Agreements and Paid Parking Study.
  5. Continue to solicit input and collaborate with neighbors to develop a regional bike route from Redwood City to Mountain View.
  6. Continue the Short-Term Downtown Parking Pilot Programs (Ridesharing/ Valet Attendant Assist).
  7. Continue the Citywide SB 743 Implementation (California Environmental Quality Act Level of Service Vehicle Miles Traveled Change).
  8. Continue El Camino Real Streetscape Guidelines.
  9. Continue the Feasibility Study of Automated Guideway Transportation System.
  10. Continue the design, permit, and construction of Castro Street/Moffett Boulevard/Central Expressway near-term improvements (CIP 16-40).
  11. Continue the design and construction of Shoreline Boulevard interim bus lane and utility improvements (CIP 16-58 (design) and CIP 18-43 (construction)).
  12. Continue to develop the Castro Street Bicycle Lane Study.

Goal Four: Promote Environmental Sustainability and the Quality of Life for the Enjoyment of Current and Future Generations with a Focus on Measurable Outcomes.

  1. Update the Community Tree Master Plan and review existing guiding policies and ordinances in coordination with the update.
  2. Consolidate and update existing plans into a comprehensive wildlife and habitat management plan.
  3. Explore opportunities to build/encourage additional EV charging stations.
  4. Work through ESAP projects.
  5. Develop alternative carbon offsets.
  6. Revise aspects of the Downtown Precise Plan.
  7. Incorporate yearly targets for greenhouse gas reduction into ESAP.
  8. Implement the Public Services Study actions, including population updates, study of Police staffing levels, and Fire Community Risk Assessment.
  9. Continue to Participate in South Bay Salt Ponds project in conjunction with California State Coastal Commission.
  10. Continue to Establish North Bayshore—District Sustainability Performance Measurements.
  11. Continue the Greenhouse Gas Reduction Program and Citywide Traffic Model Update

Section Five: Council-suggested Projects Unrelated to the Major Goals

  1. Hold a Study Session and develop a small business strategy.
  2. Hold a Study Session to identify objectives and resource needs for the City to take a more proactive role in addressing State and Federal actions that impact local control.
  3. Review and update the Park Land Dedication Ordinance
  4. Continue to work with the Visual Arts Committee to encourage public art.
  5. Continue to work with County and State officials and stakeholders, including business, to explore options to develop regulatory code language addressing location and separation/setback requirements for on-demand mobile fueling that meet the interest of public safety and health

Where:    Mountain View City Council

When:  Tuesday, May 21, 2019, 6:45pm

Link to item:   http://mountainview.legistar.com/gateway.aspx?M=F&ID=9a4d8d22-9a33-49d4-b50e-58d9c342f9c6.pdf

Link to agenda:   https://mountainview.legistar.com/View.ashx?M=A&ID=655812&GUID=262DDA42-BBA7-4EF1-B2A9-8A2A6B4EF02B

City of Santa Clara

Appoint a Planning Commissioner

Council will appoint one candidate to the Planning Commission to serve a partial term ending June 30, 2019 and approve for the newly appointed commissioner to serve a full term from July 1, 2019 ending June 30, 2023.

At the April 1, 2019 Special City Council meeting, 15 applicants were interviewed, and council established an eligibility list effective for one-year to fill future vacancies. Those placed on the eligibility list were the top three vote getters: Jayapriya Cherukuru, Megan Swartzwelder and Vandana Upadhyay.

Jayapriya Cherukuru is a County of Santa Clara capital projects manager and serves on the city’s Historical and Landmarks Commission.

Megan Swartzwelder does not list an employer.

Vandana Upadhyay is the founder of Confia Systems.

Where: Santa Clara City Council

When: Tuesday, May 21, 2019, 3pm

Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3950990&GUID=B5633A51-B695-4362-BBBA-E2EDFE79E4F5&Options=&Search=

Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=640657&GUID=0551B947-F71B-4FD0-A165-54E3E382E013&Options=&Search=

Update on new Destination Marketing Organization and appointing Board of Directors; Related Cos. To have seat on board

Staff recommend that council direct the City Manager to proceed with the formation of the new Destination Marketing Organization entity including appointment of the initial Board of Directors.

On April 9, 2019, City Council directed the City Manager to commence work efforts to form a new destination marketing organization (DMO) to provide convention and visitor services such as a Convention-Visitors Bureau (CVB).

The proposed Board of Directors are:

Hotel/TID: Eron Hodges, General Manager Hyatt Regency Santa Clara

Hotel/TID: Joe Eustice, General Manager Santa Clara Hilton

Organized Labor:  TBD, Representation from either Teamsters or IATSE

Cedar Fair:  Manny Gonzales, Vice President/General Manager, CA Great America

SCSA/City: Nadine Nader Assistant City Manager, City of Santa Clara

Related: Stephen Eimer Executive Vice President, Related Urban

Convention Center: Kelly Carr, General Manager Convention Center

City Manager’s Office: Deanna Santana or designee City Manager City of Santa Clara

Where: Santa Clara City Council

When: Tuesday, May 21, 2019, 6pm

Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3950979&GUID=8267C0D6-C9CA-4C4C-8AC9-FAFAF1C99233&Options=&Search=

Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=640657&GUID=0551B947-F71B-4FD0-A165-54E3E382E013&Options=&Search=

Update on Convention Center transition and food and beverage service RFP

Council will receive an update on Santa Clara Convention Center transition activities. This report highlights several of the key activities undertaken including Spectra’s transition activities and the City’s release of a food and beverage service RFP.

Following the termination of the 1984 Management Agreement with the Santa Clara Chamber of Commerce, on February 5, 2019, the City Council authorized the execution of an agreement with Global Spectrum L.P. dba Spectra Venue Management (Spectra) to manage and operate the Santa Clara Convention Center. Spectra assumed management of the Convention Center on March 18, 2019.

  • All employees eligible to work under the City’s Employee Retention Ordinance transitioned from Chamber employment to Spectra employment. In addition, many management positions (which are not covered by the Employee Retention Ordinance) also successfully transitioned
  • Discussion with Aramark is ongoing for service vendor contracts.
  • Vendors (service providers) at the Convention Center had contracts with the Chamber. Spectra has been working with the vendors to continue the previous scope of services at the same terms on an interim basis. There are three principal contracts: food & beverage (Aramark); audio visual (PSAV) and technology services (Smart City). Interim agreements have been executed with PSAV and Smart City.
  • Spectra met and has coordinated with the City’s Purchasing Division to review the City’s procurement guidelines as they prepare the RFP documents for audiovisual and technology services. They will manage these RFP processes and vendor selection and anticipate RFP releases by the end of May.
  • The City Council also allocated funds for improvements at the Convention Center totaling $3 million.
  • Spectra submitted a FY19/20 budget to the City’s Finance Department which will be submitted to Council at its June 4, 2019 meeting.
  • Spectra met with the South Bay Labor Council and the business agents of IUOE Local 39, IATSE Local 134 and Teamsters Local 287. The communication between Spectra and the unions have been very positive overall. Spectra signed an “Adoption Agreement” letter with Local 39 and are reviewing the current collective bargaining agreements. Negotiations with both unions are expected to begin in the next few months.

Food & Beverage Operations RFP

To allow for the maximum number of potential vendors and greater competition, the City has prepared and released a Request for Proposals for food and beverage services at the Convention Center. Spectra is not involved in the procurement process to avoid any potential conflict of interest. This procurement is on a fast-track, requiring completion within six months by City staff. There will be five-member evaluation team comprised of subject matter experts from inside and outside the City. The City will seek outside representation from the food and beverage and hospitality industry. The RFP was released on May 13, 2019 and the process is anticipated to be complete in August. Staff will report back to Council at the September 24, 2019 City Council Meeting with recommendations for an award of agreement for food and beverage operations. The City anticipates a vendor under a new agreement to begin on October 1, 2019.

Where: Santa Clara City Council

When: Tuesday, May 21, 2019, 6pm

Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3950980&GUID=D1B5873C-8586-465D-A8CE-5762F9D5DD5A&Options=&Search=

Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=640657&GUID=0551B947-F71B-4FD0-A165-54E3E382E013&Options=&Search=

Action on Council Member O’Neill request for city’s participation in Innovation Zone to allow testing of AVs & other products

Council will consider a request from Councilmember O’Neill requesting an item be placed on a future City Council agenda to adopt a resolution related to the City’s participation in an “Innovation Zone” to test emerging technology.

San Jose Vice Mayor Chappie Jones has been working to designate a portion of West San José (Districts 1 and 6) as an Innovation Zone. The Innovation Zone will allow companies and groups to test anything within its boundaries that provides a large benefit to the community. His office is requesting the City of Santa Clara to participate by designating a portion of Santa Clara as part of the Innovation Zone through the adoption of a resolution.

If Council would like staff to explore the topic of participation in the Innovation Zone, staff recommends adding this item to the list of Council priorities for consideration as part of the current budget cycle. Public Works would be the staff lead in supporting this process.

Where: Santa Clara City Council

When: Tuesday, May 21, 2019, 6pm

Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3950982&GUID=89645F85-03FB-4F0E-B170-F055F9F0C6C6&Options=&Search=

Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=640657&GUID=0551B947-F71B-4FD0-A165-54E3E382E013&Options=&Search=

Adopting parkland in lieu fee schedule; BIA objects to proposed fees

Staff and the Mayor recommend adoption of a resolution establishing the average per-acre land values and parkland in lieu fee schedule for new residential development for FY2019-20 with the exception that the total allowable amount for increases in park improvement values will be phased in over a three-year period at 25% per year and the land appraisal will be conducted annually. Staff also recommend conducting a feasibility study of residential development that will evaluate the effects of total development fee levels on developer’s feasibility to provide housing of various types.

On May 8, 2018, prior to adoption of updated fees for FY2018-19, Council directed staff to conduct additional outreach, discussion and review of the Quimby Act and Mitigation Fee Act (MFA) fees and to consider the concerns expressed by residential developers regarding the proposed substantial fee increase. Following the meetings, staff reviewed the land appraisal with its appraiser, analyzed the concerns related to the park inventory and park construction costs, and contracted with Willdan Financial Services, Inc. to complete an update of the Parks and Recreation Facilities Development Impact Fee Study.

The Building Industry Association has raised concerns that new and updated City fees could make residential development infeasible in the City. Staff is recommending evaluating the effects of total development fee levels on developer’s feasibility to provide housing of various types. The City has two current consultant contracts reviewing City fees and will review the required scope with one of these firms to complete this work in the near term.

Where: Santa Clara City Council

When: Tuesday, May 21, 2019, 6pm

Link to item: https://santaclara.legistar.com/LegislationDetail.aspx?ID=3950955&GUID=7318EC91-9D07-49D4-B0F8-A38CE0E8DB8C&Options=&Search=

Link to agenda: https://santaclara.legistar.com/MeetingDetail.aspx?ID=640657&GUID=0551B947-F71B-4FD0-A165-54E3E382E013&Options=&Search=

City of Cupertino

2nd reading of ordinance repealing Development Agreement, Specific Plan & General Plan Amendment for Vallco Town Center

Staff recommend that Council conduct the second reading and enact Ordinance No. 19-2184: “An Ordinance of the City Council of the City of Cupertino repealing Ordinance No. 18-2179 which approved a Development Agreement by and between the City of Cupertino and Vallco Property Owner LLC for the Development of Vallco Town Center.” The first reading was conducted on 5/7/19 and there were no changes to the ordinance.

Council is passing this ordinance in response to 3 voter-sponsored ballot initiatives that have been proposed challenging the City’s approval of the Specific Plan & Development Agreements. The Specific Plan was originally passed by City Council as a potential alternative to Sand Hill Properties’ SB35 application for the Vallco development. This repeal does not affect the SB35-approved Vallco project.

City FAQ on the action: https://www.cupertino.org/home/showdocument?id=24283

Where:    Cupertino City Council

When:  Tuesday, May 21, 2019, 6:45pm

Link to item:   https://cupertino.legistar.com/LegislationDetail.aspx?ID=3948914&GUID=7A053781-5552-4F3C-A31D-AB811200201F

Link to agenda:   https://cupertino.legistar.com/View.ashx?M=A&ID=656090&GUID=170DCB2B-EC13-4151-9C30-7591573CBC1F

City of Milpitas

Appoint Ricky Ablaza to City of Milpitas Planning Commission until December 2020

Council will receive Councilmember Nuñez’s recommendation of Ricky Ablaza, and consider confirming his appointment by Mayor Tran to a term on the City of Milpitas Planning Commission that would expire in December 2020.

Where:    Milpitas City Council

When:  Tuesday, May 21, 2019, 7pm

Link to item:   n/a

Link to agenda:   http://www.ci.milpitas.ca.gov/_pdfs/council/2019/052119/Agenda.pdf

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