Bay Area in 5

By CivicFMGovernment

Bay Area in 5 episodes

October 26San Jose steers housing study to transit; SF Board finalizes CEQA rule changes
San Jose's City Council steered its missing middle housing study toward transit, San Francisco's Board of Supervisors gave final approval to changes in its local environmental review rules, and Oakland's City Council moved to raise maximum nuisance fines. Plus: an Oakland Police Commission slate, San Francisco renter protections, a San Jose data center appeal, and a $30 minimum wage initiative.
San Francisco · Board of Supervisors, Tuesday, October 20 · San Francisco's episode
Streamlining the city's local CEQA procedures (00:12:18)
Requiring landlords to disclose total monthly costs to tenants (00:22:42)
Limits on evictions for unpaid rent below a fair-market-rent threshold (00:23:51)
Documents: Agenda
Oakland · City Council, Tuesday, October 20 · Oakland's episode
Higher maximum fines for unabated nuisances introduced (01:28:09)
A councilmember said the city's maximum penalty of $1,000 a day was set in 1968 and no longer deters the worst offenders (01:29:52)
A councilmember said the ordinance raises the cap from $1,000 to $10,000 a day, aimed at chronic offenders such as owners of rotting buildings and unpermitted builders (01:29:52)
A councilmember said the ordinance still lets people fix problems in good faith, with escalating fines before the maximum (01:30:55)
A councilmember said the goal is compliance, not revenue (01:30:55)
Ken Houston (Councilmember, District 7) said he signed Measure RR, which he said changed the 1968 law, and has fought illegal dumping for years (01:32:14)
Ken Houston (Councilmember, District 7) said illegal dumpers should face jail, not just fines, and asked for trained staff to gather evidence for the district attorney (01:33:17)
Charlene Wang (Councilmember, District 2; Chair, Public Safety Committee) asked whether the ordinance only sets an overall cap, and was told it raises the ceiling for anything now capped at $1,000 (01:34:50)
A councilmember questioned who will enforce and collect higher fines when current fines are not enforced (01:36:00)
A councilmember said code enforcement imposes the fines, is short-staffed, and he wants more officers in the next budget (01:37:29)
A councilmember said the cap was raised to $5,000 in 2020 and that did not stop dumping (01:38:53)
A councilmember asked whether automatic inflation adjustments could legally be built into civil penalties (01:42:12)
An official explained for the City Attorney's Office that the city administrator sets a schedule of fines under the $10,000 maximum, and that it applies to all departments that enforce nuisance rules (01:42:54)
A councilmember added that higher fines make it easier for the city to put liens on properties (01:44:22)
An official advised that adding enforcement-staff requirements was outside the scope of the item as noticed and would need a separate item (01:53:36)
Police Commission slate rejected and sent back to selection panel (00:22:15)
City staff reported for staff that one nominee withdrew because his law firm represents parties suing the city, later asked to rescind the withdrawal, and that staff had no recommendation (00:22:56)
An official explained that under the charter the council must accept or reject the entire slate, and a slate not acted on within sixty days is deemed accepted (00:24:38)
A councilmember asked why the council could not vote on a slate of just one person (00:25:09)
A councilmember asked whether the law could be changed so nominees are taken one at a time (00:26:07)
An official said the slate requirement is in the charter, so changing it would take a charter amendment (00:26:45)
A councilmember said she hoped the former-mayor nominee would still be on the slate that comes back (00:27:12)
A councilmember said one candidate withdrew after questions from a news outlet and that rejecting the slate had nothing to do with either candidate (00:27:25)
An official clarified that the attorney's office was not saying either candidate was or wasn't qualified, and that rejecting the slate simply resets the process (00:27:53)
A councilmember asked whether the selection panel had alternates ready, and the answer was that it has a reserve pool (00:29:44)
An invited speaker said, as the former-mayor nominee, that the mayor asked her to serve on the commission at a critical time for the city (00:49:26)
An invited speaker said she will never run for office again and so cannot be pressured by the police officers union (00:51:28)
An invited speaker said she supported the commission's work this year on an immigration policy and on a drone policy (00:54:38)
Ken Houston (Councilmember, District 7) pressed the nominee on the commission's revised vehicle pursuit policy, which he tied to smash-and-grab crime in his district (00:55:37)
An invited speaker said she wanted to see data before taking a strong position on the pursuit policy change (00:56:37)
An invited speaker said she would push to change the pursuit policy if data showed it harmed the community, and stressed officer training (01:07:16)
Charlene Wang (Councilmember, District 2; Chair, Public Safety Committee) praised the nominee's past work on Ceasefire and sex trafficking and said the commission needs AAPI representation (01:00:48)
Charlene Wang (Councilmember, District 2; Chair, Public Safety Committee) said she will support the former mayor's appointment (01:04:42)
A councilmember asked colleagues to save detailed questioning for when the slate returns and to move the agenda (01:05:48)
Ken Houston (Councilmember, District 7) said it took about a year and a half, and a letter from the governor, for the commission to revise the pursuit policy (01:08:40)
Documents: Agenda
Oakland · Rules and Legislation Committee, Thursday, October 22 · Oakland's episode
Scheduling the 'Oakland Living Wage for All Act of 2026' minimum wage initiative for the full council (00:04:19)
The city clerk explained that the Elections Code requires the council to pick one of the three options, which is why the item goes straight to the council (00:06:24)
Documents: Agenda
San Jose · City Council, Tuesday, October 20 · San Jose's episode
Citywide planning work plan priorities and missing middle housing direction (02:01:49)
City staff said the citywide planning team is at about 130 percent of capacity for the coming year (02:04:36)
City staff said meeting all current timelines would take 3.3 more full-time staff the division does not have (02:04:36)
City staff said the legislature considered 1,800 bills in 2026, 300 of them on planning and land use, after more than 450 such bills in seven years (02:05:36)
City staff said the next housing element is due in January 2031 and work must begin by January 2028 at the latest (02:12:02)
City staff used the ADU condominium ordinance as an example, saying even an accelerated, clearly directed change took about six months (02:16:15)
City staff said the next budget's planning fee update would aim to add at least two positions (02:17:20)
City staff warned that adding geography to a graduated density approach requires more analysis and complexity (02:19:23)
City staff said a March return with citywide outreach is unrealistic (02:20:29)
City staff warned that excluding high-opportunity areas, as the second memo proposes, risks the state housing department rejecting the program (02:20:29)
The chair said 90 percent of planning capacity goes to responding to state mandates (02:52:48)
The chair said the childcare work is not new city funding but removing barriers to opening and running childcare centers (02:53:55)
The chair described the group memo's intent as tiered density, higher closer to high-frequency transit (02:56:11)
The chair said council members are seeking a meeting with the state housing department to test what it actually requires (02:57:16)
A councilmember stressed that the council is approving an analysis of density, not any density (02:58:41)
City staff said reaching all 10 council districts for outreach in about a month and a half is unlikely (03:03:11)
A councilmember moved the group memo, changing the return date from end of March to as soon as possible (03:06:16)
A councilmember added consideration of current densities for sites in moderate to severe fire hazard zones, restating August direction (03:07:18)
A councilmember explained she did not include the second memo because she opposes carving high-resource areas out of possible upzoning (03:07:18)
A councilmember objected that smoke shop zoning work, directed by the council in May 2024, was deferred again in the staff-preferred option (03:10:09)
A councilmember argued East San Jose neighborhoods with more smoke shops and liquor stores also see disproportionate rates of cancer, diabetes and high blood pressure (03:13:02)
The chair said the council could choose in the next budget to fund more planners to speed up the backlog (03:14:02)
A councilmember said the department had previously told the council it did not need more planners, and urged staff to pursue outside grants (03:16:10)
The chair said he recently helped bring in $750,000 from Bloomberg to speed multifamily permitting (03:17:19)
George Casey (Councilmember, District 10) argued that if transit access justifies tiers, areas far from transit should stay at current density (03:17:52)
George Casey (Councilmember, District 10) urged first absorbing new state missing middle laws before upzoning, saying upzoning cannot be reversed (03:20:07)
Rosemary Kamei (Councilmember, District 1) said the current workload is not sustainable (03:22:05)
City staff said the tiered analysis would force deferral of other housing element work, including updates to the public outreach policy (03:24:59)
Rosemary Kamei (Councilmember, District 1) opposed the substitute, saying excluding areas would push density onto other districts (03:28:16)
A councilmember thanked colleagues for elevating the childcare policy work (03:29:45)
Anthony Tordillos (Councilmember, District 3) opposed the substitute as adding risk with the state and being unfair to other districts (03:31:34)
Anthony Tordillos (Councilmember, District 3) noted state law (SB 9) already allows four units on any single-family parcel (03:33:40)
Domingo Candelas (Councilmember, District 8) said his memo does not oppose the missing middle program but asks for judgment based on neighborhood conditions (03:34:34)
Michael Mulcahy (Councilmember, District 6) asked whether dropping the 32-units-per-acre study would free up capacity (03:36:13)
City staff said that before going that way, staff would want an early read from the state housing department (03:37:55)
A councilmember proposed directing the city attorney to prepare a local control protection strategy on charter authority and state preemption limits (03:39:41)
The chair suggested the city's intergovernmental relations team begin with research instead (03:41:49)
City staff said the administration could give an update on the local control work in January, as part of the 2027 legislative program (03:43:56)
A councilmember said she would vote against the substitute over fairness (03:46:28)
The chair said he would not back the substitute if it meant Districts 8 and 10 were removed from consideration (03:50:16)
City staff said transit access usually means within a half mile, so defining limited access beyond that is arbitrary (03:51:13)
City staff proposed seeking written feedback from the state housing department before investing heavily in the analysis (03:53:06)
The chair said the community has been told a final vote on the approach is expected by December next year (03:56:03)
A councilmember cautioned that a new state administration could change the state housing department's leadership and philosophy (03:56:40)
Anthony Tordillos (Councilmember, District 3) argued removing high-resource neighborhoods would push development into lower-resource areas (03:57:41)
Appeal of environmental exemption for data center use at 300 Holger Way (05:04:11)
City staff described the permit as allowing a data center use up to 20 megawatts inside an existing R&D building (05:04:48)
City staff said the permit includes no exterior equipment, including no backup generators (05:05:49)
City staff said the San Jose Municipal Water System confirmed sufficient water supply for the use (05:10:57)
City staff said any expansion with new exterior equipment would require a new permit, air district permits and new environmental review (05:13:07)
An appellant representative argued for the appellant that a diesel generator applied for at the air district would emit six times the daily NOx significance threshold (05:15:59)
An appellant representative argued the city is piecemealing approvals in violation of CEQA instead of analyzing the whole project (05:17:01)
An applicant representative said for the applicant that the building is an entirely existing facility (05:19:56)
An applicant representative said all work on the building was done by a union signatory contractor (05:22:01)
An applicant representative said for the property owner that NVIDIA signed a ten-year lease about two years ago and has spent over $100 million remodeling (05:23:29)
A councilmember criticized the city code's data center definition as so broad it covers any building that houses computers (05:35:04)
City staff said data center standards coming in December will update the base definition (05:36:09)
City staff said the permit would expire if the use does not begin within two years (05:37:57)
An applicant representative declined to commit to letting the permit lapse, noting it can be extended two more years (05:40:43)
An applicant representative said the building has 8.5 megawatts of service now and future power needs are unknown (05:42:50)
A councilmember said there were no grounds for the CEQA appeal, urged fixing the definition so this does not recur, and moved staff's recommendation (05:44:58)
Documents: Agenda, Agenda
San Jose · Planning Commission, Friday, October 23 · San Jose's episode
Builder's Remedy, Housing Element and SB 79 updates (00:06:07)
City staff explained that Builder's Remedy is a penalty on cities without a certified housing element, letting qualifying projects ignore general plan and zoning (00:06:33)
City staff said the city can deny a qualifying project only by proving a specific adverse impact on public health and safety, and the burden is on the city (00:07:35)
City staff said such denials are very rare and he could not recall San Jose doing it (00:09:04)
City staff gave the required affordability options as 7% extremely low, 10% very low or 13% lower income (00:13:01)
City staff said staff worked with the developer of the Camden project to make sure its very-low-income for-sale units could actually be filled (00:11:54)
City staff said the city received 33 SB 330 preliminary applications between February and December 2023, and 24 of them became formal applications (00:13:17)
City staff said eight have been approved and two are pending, including a Topgolf ministerial permit and 741 South Winchester, which comes to the commission on appeal on November 4 (00:13:48)
City staff said three applications were withdrawn, two found a different path and 11 remain under review or inactive (00:14:50)
A commissioner asked whether the consequences of lacking a housing element are too severe, given they let anyone build regardless of zoning (00:15:09)
City staff agreed the penalty is very severe and said the city took over two and a half years to write and certify its housing element (00:15:52)
City staff said the city plans to start the next housing element at the start of 2028 because it is due in January 2031 (00:16:59)
City staff said cities out of compliance can face further penalties, including losing the ability to issue building permits or action by the Attorney General (00:18:40)
City staff said the eight approved projects total 697 units and replace a mix of uses (00:19:46)
City staff listed existing uses being replaced, including medical offices, restaurants, retail, Little League fields and an elementary school (00:19:46)
City staff said permits carry a two-year entitlement with an option to extend two more years to start construction (00:21:04)
City staff cited the 1655 Berryessa Road project of 62 townhomes beside the Berryessa BART station as an example of lower density than the city would want (00:21:20)
City staff said none of the approved Builder's Remedy projects has broken ground yet (00:22:11)
City staff said the housing element has over 130 programs whose progress the city must report to the state each year (00:24:46)
City staff said penalties come from failing to carry out promised actions rather than from missing the housing target itself (00:27:06)
City staff said the city had to show sites for 62,200 units on roughly 500 sites under the state's realistic-capacity rules (00:30:50)
City staff said the goal is to finish the next housing element by June 2030, ahead of the January 2031 deadline (00:32:56)
City staff said the city has produced several thousand units a year but has generally fallen far behind its targets, and offered to send the figures (00:34:20)
City staff said the biggest barrier is approved units that have not moved to construction because of economics (00:36:40)
City staff said three projects have been approved through the city's staff-level ministerial process adopted in December 2024, in about 100 days (00:36:40)
City staff said residential entitlements previously took about eight to nine months at the fastest and up to two to three years (00:38:12)
City staff said getting applicants' plans to completeness takes the longest, and staff are exploring earlier joint review with developers (00:40:30)
A commissioner suggested the city offer some kind of class to help developers submit complete applications (00:41:21)
A commissioner asked what penalties the city faces if it does not reach its housing allocation (00:43:05)
City staff said the allocation is an aspirational goal and a capacity the city must show, since the city itself does not build housing (00:44:44)
City staff said SB 79 took effect July 1 and covers about 56 light rail, Caltrain and BART stations in or near San Jose (00:45:23)
City staff said five industrial areas were exempted, and since July 1 the city has received no formal applications and one preliminary application (00:47:25)
City staff said staff will likely not pursue the exemption for sites lacking a one-mile walking path and will explain why in an information memo (00:49:30)
City staff said staff are drafting an ordinance defining demolition for historic resources, targeted for the commission in November (00:51:33)
Data centers: background ahead of proposed city standards (01:33:05)
City staff said the standards will come before the commission on November 18, so this session would not present them (01:33:05)
City staff said data centers are already allowed with a special use permit in four industrial and commercial zoning districts, which limits what the city can require (01:35:08)
City staff said the California Energy Commission leads environmental review when backup generation exceeds 50 megawatts (01:36:11)
City staff estimated a 99-megawatt data center brings about $6 million a year in utility user tax (01:39:20)
City staff estimated annual property tax at $500,000 to $1 million for a 99-megawatt data center (01:40:22)
City staff said one-time construction tax is likely closer to $17 million, and a commercial linkage fee and an energy programs fee are being proposed (01:40:22)
City staff said the proposal caps backup generators at 25 hours a year with Tier 4 certification, versus the air district's 50 hours (01:43:17)
City staff said the city's proposed requirements add to state CEQA standards even when the state leads the review (01:44:42)
City staff said council directed the standards in a May rules memo voted in June, and an August memo added community benefits, tax revenue and design (01:45:28)
City staff said the proposal sends all appeals of data center special use permits from the director's hearing to the City Council, bypassing the commission (01:48:49)
A commissioner objected that removing the commission takes away a chance for residents to give input, noting community concern and moratoriums elsewhere (01:53:04)
City staff said the appeal change responds to residents who want controversial data center decisions made by the council (01:53:20)
City staff said council directed staff to develop standards, not a moratorium, and that choice rests with the council (01:56:12)
A commissioner relayed residents' reports that no council members attend the data center listening sessions (01:57:05)
City staff said the full package goes to the commission and then to the City Council on December 8, with materials public November 10 (02:02:17)
City staff said a draft at roughly 80% was presented at a community meeting last week (02:01:08)
City staff said the last community meeting drew over 300 people (02:06:25)
City staff said remaining input opportunities include the Youth Commission on October 26 and an online comment form (02:05:24)
A commissioner praised staff outreach and said he would rather see data centers in San Jose than elsewhere, with safeguards (02:08:53)
City staff estimated about 20 data centers operate in the city, mostly much smaller than the 99-megawatt ones now proposed (02:10:32)
City staff said many projects cap at 99 megawatts to stay under the Energy Commission's small power plant exemption (02:11:24)
City staff said the standards are not streamlining, citing limits on cooling systems and generator hours (02:13:58)
City staff said Santa Clara has so many data centers because its utility costs are lower than neighboring cities (02:14:38)
Documents: Agenda
This episode is made with AI from each government's own show, which reports from the public recordings of its meetings. Sources are in the show notes.
5 min
October 25SF approves Shipley Street building; Oakland panel backs shorter parking contract extension
San Francisco's Planning Commission approved a thirteen-home building at 173 Shipley Street, and an Oakland committee recommended a shorter extension of the city's parking citation contract. San Jose's City Council met with the Valley Water board to prepare for El Niño.
San Francisco · Planning Commission, Thursday, October 15 · San Francisco's episode
173 Shipley Street: discretionary review of a seven-story, 13-unit building (00:39:41)
City staff described the project as a 75-foot, seven-story, 13-unit building on a vacant lot under the state density bonus program (00:40:29)
City staff reported 23 letters in opposition and two in support received since the packet was printed (00:43:34)
City staff said seven stories has precedent in the neighborhood, with nearby buildings up to nine stories (00:44:36)
City staff said structural, geotechnical and fire concerns are outside the planning department's purview and are reviewed at the building permit stage (00:45:36)
City staff recommended not taking discretionary review and approving, finding no exceptional or extraordinary circumstances (00:45:36)
A speaker asked, speaking for an absent requester, that waivers be limited to what is needed and that shadow and wind studies compare the project with a less massive alternative (00:46:25)
A resident cited the project's geotechnical report placing the site in a liquefaction zone over compressible bay mud, and asked for binding foundation and monitoring conditions (00:49:56)
A resident raised emergency access during construction, noting Shipley is only 35 feet wide and is the site's only frontage (00:52:03)
A resident noted that a 2020 three-alarm fire at the warehouse once on the lot required a large response (00:52:03)
A resident asked for light-colored, non-glare finishes on the Shipley side, and said she had withdrawn two of her conditions and the wind study request (00:54:08)
A speaker said as a requester that six windows in his home, including bedroom windows, sit on the property line the new building will be built against, and asked that the developer be made responsible for closing them safely (00:55:50)
A speaker said, as the project's architect, that excavation for the parking stackers had been removed from the project (00:57:34)
A speaker said, as the project's architect, that the team held a pre-application meeting with the fire department on emergency vehicle access (00:59:38)
A speaker said, as the sponsor's attorney, that the sponsor committed early to pay for infilling the neighbors' property-line windows, beyond its legal obligation (01:02:06)
A speaker argued, as the sponsor's attorney, that state housing laws bar the city from redesigning or conditioning the project in ways that reduce density without findings she said don't apply here (01:02:06)
A speaker argued in rebuttal for a requester that the building would sit against 12 openings in two occupied homes that would no longer meet fire code (01:05:19)
A speaker said in rebuttal that a concealed gap between the buildings has no fire-stopping detail, and asked for conditions before the permit issues (01:05:19)
A commissioner asked the architect whether the window glazing would cause glare (01:08:58)
A speaker answered, as the project's architect, that the building would use standard low-e glazing and that no glare study had been done (01:09:28)
A speaker said, as the project's architect, that he would be willing to look into products that reduce glare (01:11:50)
A commissioner asked the sponsor about fire code separation for the neighbors' property-line windows, which have existed since 2000 (01:12:11)
A speaker said, as the sponsor's attorney, that the building department's rules for approving lot-line windows require recorded restrictions acknowledging they may be closed (01:12:52)
A commissioner voiced concern that the neighbors bought and have lived in their homes for years and now face changes (01:13:36)
City staff said lot-line windows aren't protected under the Planning Code and owners who build them sign an affidavit acknowledging they could be infilled (01:15:45)
Mike Chen (Commissioner) argued the fire and safety concerns are building inspection issues outside the commission's purview (01:16:25)
Mike Chen (Commissioner) noted the project's affordable unit is set at 50% of area median income, roughly $65,000 for a two-person household, as the trade-off for the density bonus (01:18:28)
Mike Chen (Commissioner) recalled that in 2018 the commission tried to redesign a density bonus project and the state sent San Francisco a warning letter (01:18:28)
Mike Chen (Commissioner) cited the commission's July 24 hearing on an 85-foot project at 230 Anza Street as precedent (01:19:30)
A commissioner agreed, saying the project is code compliant and a lot of the concerns are about buildability, which is outside the commission's purview (01:20:57)
Treasure Island / Yerba Buena Island: initiating General Plan amendments (00:20:57)
City staff explained the commission was only initiating the amendments today, and adoption would come at a future hearing (00:22:08)
City staff said the 2011 approvals authorized 8,000 housing units (00:23:09)
City staff reported about a thousand units built so far, including 243 affordable units and 54 more inclusionary units, plus about a billion dollars in infrastructure (00:24:09)
City staff said adjusting certain development standards could make room for 2,800 more units within existing height limits (00:24:09)
City staff listed other proposed updates: Yerba Buena Island parking standards, bulk and massing controls, and setback and street wall rules (00:24:09)
City staff said the amendments would remove Maps 3 and 4 from the area plan and renumber the remaining maps (00:28:24)
City staff outlined next steps: an environmental impact report addendum, introducing the Special Use District ordinance at the Board of Supervisors, and taking the disposition and development agreement amendments to the Treasure Island Development Authority board (00:29:25)
A commissioner called the request straightforward and urged moving it forward since it will return for comment (00:30:54)
A commissioner supported initiating, calling the two maps redundant (00:31:22)
Documents: Agenda
Oakland · Finance and Management Committee, Tuesday, October 13 · Oakland's episode
Parking citation system contract with Modaxo, shortened (00:23:13)
A speaker presented the request as the fourth and final amendment to the agreement with Modaxo, extending it 24 months from April 2026 through March 2028 (00:24:23)
A speaker said the system supports collection of about $29.7 million in budgeted parking revenue for the current fiscal year (00:25:25)
A speaker said the agreement expired in April 2026, and that after the program moved from the Department of Transportation to Finance, Finance reviewed its contracts and practices (00:25:25)
A speaker said negotiations produced an agreement that collection fees will not apply to citations under the state-mandated indigent payment plan (00:26:26)
A speaker described the extension as a temporary bridge to allow a competitive procurement for a long-term parking management system (00:26:26)
A speaker said staff is also exploring gated entry and exit at city-owned parking garages (00:27:27)
A councilmember said they were very concerned that 30% goes to a company that does not do the collections, called it a blow to public trust, and said they could not support extending the contract (00:28:28)
A councilmember asked why the contract came to Finance so many months after it expired (00:29:29)
A speaker said no one from the Department of Transportation was present to explain, that Finance aims to bring the contract into compliance and pay the vendor for services since April, and that procurement staff are short-handed (00:29:48)
A councilmember asked why a private company gets 30% for collections work done by the DMV, the city, or state programs (00:31:12)
A speaker said the fee is part of the vendor's pay for specialized services and depends on collecting delinquent balances, and that the DMV and Franchise Tax Board portions are under negotiation (00:31:34)
City staff pointed to a cost breakdown on page four of the report showing options with and without the special collection services (00:32:11)
A councilmember said the two options differ by only about $300,000 and that dropping the service would shift the cost from ticket payers to the city, so neither was acceptable (00:32:23)
A councilmember noted six months of the 24 had already passed and asked whether staff needs the remaining 18 months for a full RFP (00:32:54)
A speaker said a request for information goes out this month and a request for proposals in November (00:33:24)
A speaker said switching vendors would require moving terabytes of historical data, and recommended the full term (00:34:24)
A councilmember said the problem is the contract terms, not the vendor, and asked whether a shorter term would be workable (00:34:55)
A speaker said a shorter term would put staff in a crunch (00:35:38)
City staff said a shorter timeline could mean staff returns with another extension (00:35:54)
A councilmember raised privacy concerns about the license plate data the company collects and noted that Los Angeles's transportation department added privacy protections (00:36:25)
A councilmember said the outstanding invoices must be paid, the city could get better terms, and she wanted to know what other vendors are available (00:37:28)
A councilmember asked whether a 30% fee is typical for this kind of company (00:37:52)
A speaker said such fees typically range from 20 to 30 percent in the industry (00:38:35)
City staff said the 30% rate is not unusual, but the arrangement of charging it on money sent through the DMV or Franchise Tax Board is something they had not seen before (00:38:47)
A speaker explained the 30% is added to a ticket on day 61, an internal business decision inherited from the Department of Transportation that will be revisited with an equity lens in the new RFP (00:39:43)
A councilmember moved to extend the contract only to the end of this fiscal year, June 30, and to have staff return with an alternative (00:42:34)
City staff said staff can bring back options under a shorter term, that the committee would hear back in December or January, and that this may affect the procurement process (00:43:15)
City staff said the department is working citywide to stop paying contracts in arrears and will not pay any contract until the council authorizes it (00:45:23)
City staff recommended that a short extension keep the current collection process, including the special collection services, so staff can focus on the new procurement (00:46:16)
A councilmember restated the motion: extend to June 30, 2027 on the same terms, with direction to return quickly with other options and to include privacy protections on license plate reader data (00:48:05)
Documents: Agenda
Oakland · Public Works and Transportation Committee, Tuesday, October 13 · Oakland's episode
City Auditor's audit of capital project financial management (00:49:32)
A speaker said the audit was requested by the transportation director and covers fiscal years 2023 through 2025 (00:50:36)
A speaker said the city spent about $300 million on capital projects over the three fiscal years, with bond measures the largest funding source (00:53:47)
A speaker said change orders took an average of 79 days and a median of 35 days to issue, versus the manual's two weeks (00:54:48)
A speaker said neither Public Works nor Transportation has formally adopted the construction management manual (00:55:52)
A speaker said change orders on a paving project raised its cost by over 25% without council approval (00:57:55)
A speaker said $105 million, or 41% of contracted capital spending, went to on-call contracts with no guidance on their use or extensions (00:59:02)
A speaker said staff often did not follow the manual, including 34 of 65 sampled orders to proceed (01:00:04)
A speaker said vacancies have been persistently high, with about half of construction management engineer positions vacant (01:01:06)
A speaker said project information is scattered across several systems with no central project management system (01:02:15)
A speaker said the city overpaid about $35,000 on seven of 46 projects reviewed, mostly from misapplied markup rates (01:03:19)
A speaker said invoices took an average of 47 days to pay, though local primes must be paid within 20 days (01:05:21)
A speaker said late payments on one project cost the city $66,000 in interest (01:06:27)
A speaker said the city has not adequately overseen Measure KK and Measure U bond funds or done the required annual audits of them (01:07:31)
A speaker said projects sometimes go to bid before designs are complete because of funding deadlines, and five of 92 change orders could have been avoided (01:08:40)
A speaker recommended a 10-year capital improvement plan and at least annual progress reports to the council (01:10:35)
City staff said management agreed or partly agreed with all 17 recommendations and has an implementation plan with target dates (01:12:13)
City staff said seven recommendations will be addressed by updating the construction management manual by February 2027 (01:13:13)
City staff said some fixes are done already, including updated payment forms (01:13:13)
A councilmember asked why capital projects are paid late so often, citing a Finance Committee report of about 55% on time versus 90% for other work (01:15:04)
City staff said bond-funded payments require an extra independent Treasury Bureau check, which lengthens the process (01:15:35)
City staff said internal payment timelines might be adjusted once processes improve (01:16:42)
A councilmember asked whether primes could be required to document payments to subcontractors without undue burden (01:17:32)
A speaker said an invoice exhibit lists subcontractor payments, and the city is looking at amending its prime contracts to strengthen requirements (01:18:16)
A councilmember called for one easily accessible place showing the status of each capital project (01:19:10)
A councilmember asked why the city does not use design-build contracts, arguing they save money and reduce change orders (01:20:08)
A speaker said Public Works is open to design-build, especially for facilities like fire stations and recreation centers, but it must be chosen at a project's start (01:21:07)
A speaker warned that bringing every change order to committee would slow projects considerably (01:22:56)
A councilmember suggested change orders above a dollar threshold, such as $200,000, come back to the council (01:23:09)
Documents: Agenda
Oakland · Community and Economic Development Committee, Tuesday, October 13 · Oakland's episode
$50 million in Measure U bond money for affordable housing (01:11:48)
A speaker read in an amendment making the allocation contingent on the sale of the tranche three bonds and on final project funding legislation (01:14:01)
A speaker said the request only grants authority to allocate money already approved and appropriated, so it has no new fiscal impact (01:16:06)
A speaker said the new construction program has committed $180 million, creating more than 1,300 units and helping 468 people out of homelessness (01:17:06)
City staff said a survey of residents in Homekey and R2H2 housing found that most reported lower stress and better mental health (01:18:47)
City staff said 10 youth at the Friendly Manor transition-age youth housing, which has 26 units and 52 beds, have found full-time jobs since July (01:20:58)
A speaker said the last new construction funding round drew 24 applications asking for $424 million, of which the city could fund $144 million (01:22:12)
A speaker said the pipeline has grown to about 15 to 20 projects with about 1,200 units, needing roughly $350 million (01:22:12)
A speaker laid out the timeline: the funding round opens in January, awards are expected in March, and projects apply to the state's first round in April (01:23:15)
A speaker said the health and safety loan fund, which offers interest-free emergency repair loans of up to $250,000 per project, is out of money (01:24:15)
A speaker gave the expected split of the $50 million: about $35 million for new construction, $5 million each for R2H2 and ACAH, and $2.5 million for administration (01:25:16)
A councilmember said running out of this money feels like a crisis because affordable housing has not been solved (01:29:23)
City staff said about another $50 million could follow in a fourth tranche, depending on the biennial budget (01:28:25)
City staff acknowledged the city will need additional funding sources (01:29:40)
City staff said tranches one and two spent $248 million out of a Measure U housing figure she gave as $350 million (01:30:09)
City staff confirmed that both this tranche and a fourth would require bond sales (01:30:38)
City staff said $30 million of the second tranche went to the acquisition program, run with the Housing Accelerator Fund (01:31:09)
City staff said buildings bought through the acquisition program get deed restrictions keeping them affordable for 55 years (01:31:09)
City staff said $7 million is set aside for the next rehabilitation funding round, likely with more in a fourth tranche (01:32:43)
A councilmember pointed to gaps in East Oakland, with few or no funded projects in Districts 6 and 7 in several programs (01:34:42)
City staff said the state's high opportunity maps put Oakland at a disadvantage when competing for funding (01:34:58)
City staff said city money must be leveraged about five to one with state funds and tax credits (01:34:58)
Carroll Fife (Councilmember, District 3; Chair, Life Enrichment Committee) asked whether developers get extra points for building in certain districts or high-need areas (01:37:20)
City staff said projects in areas with high displacement pressure get additional points (01:38:37)
City staff said a racial equity impact analysis was done on the new construction scoring criteria (01:39:36)
Carroll Fife (Councilmember, District 3; Chair, Life Enrichment Committee) credited the acquisition program, formerly called PATH, with helping East Oakland renters stay in their homes (01:40:02)
Documents: Agenda
San Jose · City Council, Tuesday, October 13 · San Jose's episode
Joint El Niño flood preparedness update (00:11:45)
Valley Water staff said a stronger-than-normal El Niño does not necessarily mean flooding locally, but the national attention is a chance to educate the public (00:12:22)
Valley Water staff explained that creek ownership is a patchwork across about 800 miles of county waterways, with Valley Water owning or managing about 350 miles and maintaining the roughly 185 miles where it built flood projects, while private owners must maintain their own land (00:14:36)
City staff described the city's role: readying storm sewers, monitoring weather and creek debris, clearing streets, closing roads and supporting recovery (00:16:00)
Valley Water staff said Valley Water's dry-season stream maintenance program did about 166 projects this year, a number that has been as high as 300 (00:18:30)
City staff said the joint emergency action plan written with Valley Water after the 2017 flood has been tested 12 times in storms (00:19:44)
City staff said the plan is updated every year and signed by the city manager and Valley Water's chief executive, and that 29 staff from both agencies last updated it on September 21 (00:20:54)
An official said Valley Water has hosted three inter-agency exercises on Anderson Dam and flooding scenarios since the end of July, with the city taking part (00:23:34)
Valley Water staff said Valley Water's annual multilingual flood awareness campaign would launch in two days (00:27:03)
Valley Water staff said Valley Water sent more than 48,000 flood awareness mailers last year and expects a similar reach this year, plus about 17,000 targeted mailings in hotspot areas (00:28:04)
Valley Water staff announced an annual winter preparedness workshop on October 29 and a joint press conference planned before the first big storm (00:28:04)
Valley Water staff said Valley Water lobbied state and federal officials for permitting relief, including Endangered Species Act flexibility, so emergency storm-prep work can be done in creeks (00:30:11)
Valley Water staff said Valley Water runs five sandbag sites countywide, with webcams at two San José sites, and will stock them before storms arrive (00:31:51)
Valley Water staff reminded residents that a flood insurance policy takes thirty days to take effect, and later corrected the federal website to floodsmart.gov (00:34:07)
An official said Valley Water monitors more than 100 blockage hotspots countywide and clears debris with cranes and excavators before, during and after storms (00:38:10)
City staff said the city clears blockages on its own property through emergency contracts with Tucker Construction (00:39:36)
Valley Water staff said Valley Water works with outreach crews before storms to warn unhoused people living below the high-water line (00:44:23)
City staff said the city alerts unhoused residents to move to higher ground, has opened shelters, and once set up interim housing with raised tent platforms (00:44:42)
An official said the city has had to keep 26 miles of waterways clear of encampments for the past two years and will hold shelter capacity for storms (00:45:31)
The mayor asked whether the agencies have done a full risk assessment ranking the top hotspots, and what they will do about each before heavy rain (00:51:50)
Valley Water staff said Valley Water inspects its own waterways every year but has no program to inspect all 800 miles of creek, and is limited by regulations on natural channels (00:52:48)
City staff said the city is working now to remove two spots of woody debris mixed with carpet and chain-link fence along Coyote Creek (00:55:53)
City staff acknowledged the city has historically relied on Valley Water to tell it about risk in the waterways (00:55:53)
The mayor moved to have city staff, working with Valley Water, produce a flood risk analysis with ranked hotspots and a way for residents to report concerns (00:57:32)
The mayor added longer-term direction for city staff to work with Valley Water on reducing flood risk and setting out each agency's role (00:58:35)
A councilmember asked what maintenance is planned along Penitencia Creek on the East Side and what risks remain (00:59:55)
City staff said Upper Penitencia is an unimproved channel and the city will partner with Valley Water to remove a fallen tree and clear an encampment under a bridge (01:00:44)
Valley Water staff said a capital project for Upper Penitencia is years away, so Valley Water has asked the governor to waive permitting and mitigation requirements there for sediment removal (01:02:07)
City staff said the encampment cleanup on Upper Penitencia is about two weeks out (01:03:33)
An official said the city is working with its housing department to offer outreach and housing resources to the person living in the waterway (01:04:10)
A councilmember noted there was no concrete housing destination yet, and asked what accountability measures keep problems from falling through the cracks between agencies (01:04:22)
An official pointed to the two trail-user commenters and asked both agencies whether there is a plan to keep flooded Guadalupe River Trail underpasses open this year (01:06:49)
City staff said trail underpass cleanup is not a standalone item in the plan, but the city will add it to its post-storm list (01:07:10)
Valley Water staff said trail underpasses sit in the low-flow channel, the lowest point of a creek, so they are the slowest to drain (01:07:52)
An official urged Valley Water to do a proactive creek bank assessment and a long-term prevention plan for homeowners along the Los Gatos Creek and Guadalupe River (01:09:18)
Valley Water staff said Valley Water usually does not know about problems on private creekside land until someone reports them, and offers permitting guidance through its hotline (01:11:07)
Valley Water staff said Valley Water lacks the resources to walk all 800 miles of creek each year, though new revenue could change that (01:14:00)
An official said a website referral was not enough and residents deserve more proactive effort from Valley Water (01:15:42)
An official noted that regulators close creeks to in-stream work after October 15 regardless of flood risk (01:15:58)
An official urged both agencies to press state and federal officials together for permit waivers at the worst hotspots this year (01:18:04)
An official said creek trails were designed to flood because they sit in low-lying areas (01:19:07)
An official promoted the city's Adopt a Storm Drain program and asked colleagues to link the joint emergency action plan in their newsletters (01:21:12)
A councilmember cited a petition from several hundred residents asking for the agencies to work together (01:22:47)
A councilmember argued Valley Water's expertise puts it in a position to lead, possibly through central permitting help, fee-for-service maintenance, or city easements (01:22:47)
Valley Water staff said Valley Water already offers permitting help and contracts to do work for San José when the city asks (01:24:18)
City staff said the city will support Valley Water's lobbying for funds and waivers, and noted that woody debris is not always a flood risk (01:26:49)
A Valley Water board member urged the city to stop allowing building in floodplains and to consider reclaiming such areas (01:29:17)
A Valley Water board member asked whether the city's general plan update includes a policy against building in flood-prone areas (01:30:28)
A councilmember said this probably wasn't in the scope of the council's four-year general plan review, but could be part of the coming housing element and next general plan (01:30:44)
A Valley Water board member called for action and motions instead of long discussion, saying federal funding is needed to finish Penitencia Creek work (01:32:32)
An official raised concern about the growing burden of flood protection and water costs on residents, citing a letter he sent (01:33:04)
A Valley Water board member raised a point of order that water rates were not on the agenda and had already been adopted in June (01:34:54)
An official asked the board to look for ways to reduce costs (01:35:44)
The mayor restated the motion: a joint report back, ideally before the rainy season, listing and risk-ranking hotspots on the city's roughly 140 miles of waterways, with plans for high-risk sites (01:36:19)
A Valley Water board member suggested a joint fiscal emergency team to get as much federal and state emergency money as possible, recalling the 1983 floods (01:38:08)
The Valley Water board chair said the Valley Water board could direct its staff to work with the city on the council's motion as a joint effort (01:40:16)
An official said city staff stand ready to work with Valley Water on pursuing outside funding (01:41:34)
Documents: Agenda
This episode is made with AI from each government's own show, which reports from the public recordings of its meetings. Sources are in the show notes.
5 min
October 25San Francisco pauses data centers; San Jose approves delivery robot rules
San Francisco's Board of Supervisors passed a 45-day pause on data centers and voted ten to one to shorten the window for appealing environmental reviews. San Jose's City Council approved rules for delivery robots on sidewalks and in bike lanes.
San Francisco · Board of Supervisors, Tuesday, October 6 · San Francisco's episode
45-day citywide moratorium on data centers (00:17:43)
The clerk noted that state law requires a four-fifths vote, nine members, and that the urgency ordinance takes effect immediately if passed (00:17:43)
A speaker described the 45-day moratorium as an interim measure under state law to give the city time to study data centers' impacts (00:18:26)
A speaker listed energy, water, air quality, land use and community impacts as issues to study, along with a clearer definition of data centers (00:18:26)
A speaker said the ordinance pauses city approvals of data centers while the Board and Planning develop long-term rules (00:18:26)
A speaker explained that Planning must report to the Clerk within 25 days, with a hearing on the report within 35 days of the ordinance taking effect (00:19:29)
A speaker thanked co-sponsors Connie Chan (Supervisor, District 1), Jackie Fielder (Supervisor, District 9) and Chyanne Chen (Supervisor, District 11) (00:19:29)
Streamlining the city's local CEQA procedures, including a shorter appeal window (00:12:15)
Introduced: human attendants required for self-checkout at large grocery stores and drugstores (00:21:01)
A supervisor introduced an ordinance requiring one human attendant for every three self-checkout stations at covered stores (00:21:01)
A supervisor said the goal is to protect union jobs and keep human interaction in neighborhood stores (00:21:01)
A supervisor cited a 2023 industry analysis putting losses at self-checkout far above those at staffed lanes (00:21:01)
A supervisor stressed the bill does not ban self-checkout and applies only to grocery stores over 10,000 square feet and to drugstores (00:22:07)
A supervisor named early co-sponsors Stephen Sherrill (Supervisor, District 2), Chyanne Chen (Supervisor, District 11), Shamann Walton (Supervisor, District 10) and Jackie Fielder (Supervisor, District 9), and thanked the grocery workers' union UFCW Local 5 (00:22:07)
Documents: Agenda
San Francisco · Planning Commission, Thursday, October 8 · San Francisco's episode
Pier 92 sand facility: final environmental impact report certified (00:24:21)
City staff explained that certification means the EIR followed state and local environmental law, and is not an approval of the project (00:26:08)
City staff described the 4.4-acre site as zoned heavy industrial and used for offloading and processing marine sand since 1982 (00:26:52)
City staff said about 65 percent of the finished sand goes to two neighboring ready-mix concrete plants, with most of the rest used in the city (00:28:10)
City staff said the dust controls include covering conveyors and building a 63-foot warehouse over the finished stockpile and truck loading areas (00:28:10)
City staff said the sponsor has applied to the air district to process up to 80,800 tons of sand in any 12-month period, though operations would still follow market demand (00:29:10)
City staff said construction would last up to seven months in 2027, with sand operations continuing where possible (00:29:10)
City staff said all impacts were found less than significant or none, with archaeological impacts less than significant after a discovery mitigation measure, and air quality impacts less than significant (00:30:56)
City staff said the draft EIR drew 10 comments, five of them spoken at the June 25 hearing, and none required changes or identified new significant impacts (00:30:56)
Elizabeth Macdonald (Commissioner) praised the analysis and noted that air quality would improve and the neighboring wetland and bird sanctuary would not be significantly affected (00:32:56)
Sean McGarry (Commissioner) called the upgrade long overdue, saying the site's infrastructure has been deteriorating since the 1980s and the concrete trucks that build the city come from there (00:33:47)
A commissioner said commissioners appeared to find the review adequate, accurate and complete, and invited a motion to certify (00:34:33)
Documents: Agenda
San Jose · City Council, Tuesday, October 6 · San Jose's episode
Rules for delivery robots on sidewalks and in bike lanes (00:36:40)
A speaker said three operators approached the city this spring, and with no regulations in place the city let them operate while it developed a framework (00:39:53)
A speaker described the proposed 5 mph limit on sidewalks, pedestrian paths and crosswalks (00:42:57)
A speaker said a disabled robot must be moved within thirty minutes or the operator faces a fine (00:42:57)
A speaker said that on the advice of the Bicycle and Pedestrian Advisory Committee, bikeway robots would match the pace of cyclists instead of having a fixed speed limit (00:43:58)
The meeting chair asked what the city is doing to limit its liability exposure in future accidents, noting past lawsuits involving scooters and e-bikes (00:52:12)
City staff said the ordinance has a robust indemnification provision modeled on lessons from the city's micromobility programs (00:52:54)
Pam Foley (Councilmember, District 9; Vice Mayor) said she is very concerned about congestion on sidewalks, and asked whether the companies have the financial strength to back their indemnification (00:53:16)
City staff said the ordinance requires the city to be named as an additional insured, with policy limits to be set in administrative regulations before permits are issued (00:55:04)
Pam Foley (Councilmember, District 9; Vice Mayor) criticized outreach to the disability community as limited to a few organization leaders, and asked how many people with disabilities staff had heard from (00:55:25)
A speaker said staff will work with the Independent Living Center to set up a focus group of San Jose residents with disabilities to give ongoing feedback (00:56:32)
A speaker said more than 50 people attended the outreach webinar, though she did not recall the exact number (00:58:06)
A speaker gave the fines for improperly parked devices as $100, $200 and $500 for first, second and third offenses (00:58:06)
Pam Foley (Councilmember, District 9; Vice Mayor) said the fines did not seem stiff compared with the harm to someone in a wheelchair blocked by a device (00:59:09)
Pam Foley (Councilmember, District 9; Vice Mayor) raised concern about robots sharing sidewalks with electric scooters and said she was not sure she could support the item (01:00:09)
A speaker urged a go-slow-to-go-fast approach and limits on the number of devices, warning that congestion builds quickly when many devices share limited space (01:03:16)
City staff said the regulations reserve the right to limit operators, device numbers and service areas, but staff is not proposing those limits yet (01:04:58)
A councilmember said that downtown has been the testing ground, and that robots replacing car trips and double-parked delivery drivers could be a net safety benefit (01:09:54)
City staff said no state or local law currently regulates these devices, so without the ordinance the city has no direct authority to stop or shape their operation (01:11:07)
A councilmember asked about the process for making property owners whole, citing reports of a dispute over repairing a window broken by a robot on the Paseo (01:11:56)
City staff said a Coco robot cracked the window while under human remote control, and that his understanding is the company quickly agreed with the owner on responsibility and cost (01:12:48)
A speaker asked whether the department has the staff to oversee the program, especially in the pilot phase (01:13:55)
City staff said a paid-for position to oversee the program has been filled, and the hire accepted last week (01:14:31)
City staff said operators are expected to indemnify the city for ordinary sidewalk irregularities, but the city cannot waive liability where it is the sole cause of negligence (01:15:27)
A speaker asked whether data from the robots could be used to find sidewalk trouble spots before they become problems (01:16:21)
City staff said staff will evaluate using operator data during the pilot, weighing liability and accuracy concerns (01:17:03)
A speaker urged the operators to maintain their devices so they do not add to sidewalk clutter and blight, as he said scooters have (01:19:55)
City staff said the plan is nine months of operation followed by about three months of analysis before returning to council, with operations continuing in the meantime (01:21:17)
The meeting chair noted the city has roughly a $2 billion deferred maintenance backlog, while saying the city should still push to fix sidewalk problems quickly (01:21:52)
A speaker argued that human delivery drivers stopping in traffic are a bigger problem than robots (01:23:00)
A speaker described seeing delivery robots move safely through crowds at Oregon State University (01:24:08)
City staff said the regulations can be changed on twenty-four hours' notice to the companies (01:25:32)
City staff said staff could recommend ending the bikeway pilot if it pushes cyclists into traffic, and will do both quantitative and qualitative outreach (01:26:44)
Pamela Campos (Councilmember, District 2) asked what fees Los Angeles and West Hollywood charge, since the staff report describes them as the highest (01:29:29)
A speaker said Los Angeles charges $10,000 for up to 50 devices and a flat $20,000 above that, and West Hollywood works out to about $250 per device (01:29:55)
Pamela Campos (Councilmember, District 2) asked whether the city could raise the fee after a year if warranted (01:30:57)
City staff said fees are reviewed every year for cost recovery and go back to council in the budget cycle (01:31:21)
$5.7 million loan to convert former Comfort Suites at 1510 North 1st Street (01:32:18)
City staff said the conversion will create 57 units at 30% of area median income and below, with services (01:32:56)
City staff said the city is contributing a total of $5.7 million, and the Housing Authority is developing the site and fully project-basing its vouchers there to cover operating costs (01:34:01)
City staff said the cost per unit, excluding the $10 million acquisition cost, is about $366,000 (01:34:56)
City staff said the Housing Authority's plan is to move the roughly 43 participants now living at the SureStay interim site into the converted building (01:35:57)
City staff described the financing as a 9% low-income housing tax credit project, with about $11 million in permanent financing from the Housing Authority and $5.7 million from the city (01:37:01)
A speaker said the area needs a lift and has been a challenge for the surrounding neighborhood, including Rosemary Gardens (01:38:28)
City staff said the official transfer of the neighboring SureStay property to the Housing Authority is expected around the end of October or November (01:39:10)
A speaker noted that a privately owned motel just south of the site, which had been a trouble spot, has been shut down and the owner plans to reinvest (01:39:30)
Arena Hotel: new developer and reworked Homekey plan (01:40:24)
City staff said the city bought the site in 2023 intending 30%-and-below permanent supportive housing with Urban Housing Communities, and is now recasting the project as mixed-income in two phases (01:40:43)
City staff said ECS was the highest-scoring respondent and has about forty years of experience, including converting eight hotels (01:43:12)
City staff said the parking lot phase is expected to hold around 200 or more units (01:43:12)
City staff said the city will ask HCD to move the 100% 30%-of-median-income occupancy requirement to other sites, giving the Arena property income flexibility (01:44:18)
City staff said the agreement includes a right to switch to a second developer if the first cannot move forward on time, a structure staff plans to use going forward (01:45:50)
A speaker said the city spent $46 million between Homekey and Measure E on the roughly acre-and-a-half site for 87 units, and that the BART tunnel's path now limits density there (01:47:46)
A speaker argued the community was promised new investment but got the opposite, and that the site was awarded to a developer that was not qualified (01:48:50)
A speaker described the memo's direction for staff to return in six months with an update on negotiations and, when ready, an amended Homekey agreement (01:51:59)
Pamela Campos (Councilmember, District 2) asked which parts of the transition from interim to permanent housing are in the city's control and which need approval from HCD, saying her district faces a similar situation at 1 Branham Lane (01:53:14)
City staff said all approvals go through HCD, and in early conversations HCD has been open to the city's requests, with no guarantees (01:55:07)
City staff said the conversion will need a fully funded financing plan, likely low-income housing tax credits, and the building is structurally suitable for permanent housing (01:55:33)
City staff said the city's 22 interim housing sites are too varied for one conversion approach, though the city wants a consistent policy framework (01:56:33)
Documents: Agenda, Agenda
This episode is made with AI from each government's own show, which reports from the public recordings of its meetings. Sources are in the show notes.
5 min
October 20San Jose splits on downtown parking; SF suspends an oversight commissioner
San Jose's City Council passed a scaled-back downtown parking package after two tie votes. San Francisco's Board of Supervisors suspended a Sheriff's Department Oversight Board commissioner, and San Francisco's Planning Commission heard a Flower Mart housing plan and recommended a fee break for new housing.
San Francisco · Board of Supervisors, Tuesday, September 29 · San Francisco's episode
Suspension of a Sheriff's Department Oversight Board commissioner and misconduct charges (00:24:31)
The clerk read the motion as suspending the commissioner from the oversight board and approving charges of official misconduct under the charter. (00:24:31)
A speaker called the situation unusual and said the action was not taken lightly. (00:25:10)
A speaker said the inspector general's office provided clear evidence of multiple incidents of official misconduct. (00:25:10)
A speaker argued the board has a duty to suspend the commissioner while an ethics investigation proceeds, and urged colleagues to vote yes. (00:25:10)
The chair thanked Stephen Sherrill (Supervisor, District 2) and that office for leading on the matter before calling for the roll. (00:25:58)
October 2026 proclaimed as Walktober (02:35:00)
The chair explained that the resolution declares October 2026 the first annual Walktober, inviting people to explore the city on foot. (02:35:28)
The chair said the city has more than 900 public stairways and more than 150 miles of trails, built up through years of work by neighborhood groups, artists and city staff. (02:35:28)
The chair said the festival is led this year by the SF Crosstown Trail group with SF Stairway Month and Glen Park Beautiful, with more than 30 events through the month hosted with partner organizations. (02:37:42)
Raising the settlement amounts delegated by the board (00:05:47)
The clerk read the ordinance as raising the delegated settlement authority from no more than $25,000 to no more than $100,000. (00:05:47)
Documents: Agenda
San Francisco · Planning Commission, Thursday, October 1 · San Francisco's episode
Flower Mart development agreement amendment (informational) (00:09:43)
A commissioner announced she was recusing herself from the item because she is an employee of Gensler, which is working on the project, and handed the chair to the vice president. (00:10:32)
City staff said the hearing was informational, with no commission action requested, and was meant to introduce the amendment and gather questions and feedback. (00:10:56)
City staff described the site as about 6.5 acres between 5th and 6th streets along Brannan, within the Central SoMa plan area and one of the plan's key sites. (00:11:58)
City staff said the 2019 approval was primarily commercial, with office and ground-floor retail and a maximum building height of 270, and included relocating and preserving the wholesale flower market as a public benefit. (00:11:58)
City staff said the flower market's relocation has happened, with the new market open since January 2025 and vendors operating there. (00:13:02)
City staff said the amended framework could allow up to 3,532 residential units if the site were entirely residential, or about 2.6 million square feet of commercial development, with institutional uses also possible. (00:13:02)
City staff said maximum heights could rise to 600 feet for residential projects only, or 300 feet for commercial development. (00:14:04)
City staff said the proposal would allow above-grade parking, but only with facade screening requirements. (00:14:04)
City staff said this was the first informational hearing on the amendment and that the project would return to the commission for approvals after environmental review is completed. (00:15:08)
A speaker speaking for the Office of Economic and Workforce Development, said the original 2019 agreement had a ten-year term with one five-year extension and the amendment would give the developer a new 15-year term with one possible five-year extension. (00:17:49)
A speaker said the community benefits still include an affordable housing land dedication, now with inclusionary units added if housing is built, and that public art, community space, parks, clean-streets and workforce commitments remain. (00:18:50)
A speaker said the notable change in the benefits is the obligation to retain and rebuild the flower market, since the sponsor has already built the new market. (00:18:50)
A guest presenter speaking for Kilroy Realty, argued that development is not feasible in Central SoMa today given construction costs, city requirements and the real estate market, and that the amendment is meant to create conditions for the project to be built. (00:20:02)
A guest presenter speaking for Gensler, described the design as a flexible framework: towers that can be built as the market allows, above a fixed public realm at ground level. (00:25:19)
A speaker speaking as Gensler's urban designer, said the plan adds new internal streets with a jog designed to reduce cut-through traffic, two connected open spaces and a set of alleys. (00:26:12)
A speaker said each parcel is designed to hold its own parking, placed above the active ground-floor uses. (00:30:39)
A commissioner recalled the Central SoMa plan's adoption and credited David Chiu (City Attorney) with helping form the housing sustainability district in the neighborhood. (00:37:33)
A commissioner voiced support for the revised project, including its mid-block alleys, screened above-ground parking and added housing. (00:38:35)
A speaker gave the project full support, saying too many approved projects in the area have sat idle and this one could get the neighborhood moving. (00:38:53)
Elizabeth Macdonald (Commissioner) raised a concern that the draft design guidelines allow fences around the privately owned public open spaces without a limit on how long they could be up. (00:43:06)
Elizabeth Macdonald (Commissioner) voiced concern about the above-grade parking, calling it a major change, and asked about the lower tier of screening along Brannan Street. (00:45:16)
A guest presenter answered that fencing of the open spaces is not required but is wanted as an option for closing them at night for safety, with the spaces open during the day. (00:46:58)
A speaker added that the conditions for operating any fences will be set out in the development agreement. (00:48:11)
A guest presenter explained the parking screening tiers: in the first the building's architecture continues down over the parking, while the second allows a different treatment for cost reasons but still screens the parking. (00:50:29)
A guest presenter said ground-floor residential is allowed by the design standards and that ground-floor townhomes could work on the site as they have in the Transbay and Rincon Hill area. (00:52:43)
Elizabeth Macdonald (Commissioner) asked what is driving the 600-foot residential height limit and what inclusionary housing the agreement would require if housing is built. (00:54:03)
A guest presenter said the 600-foot limit matches what the project could have reached using the state density bonus program, which the sponsor agreed to waive in exchange for the city changing the height limit. (00:54:53)
A guest presenter said the sponsor agrees to meet citywide inclusionary housing requirements and to do so on-site for the 600-foot projects, giving up the off-site option for those. (00:55:55)
A speaker said an affordable housing parcel will be dedicated to the city whether or not housing is built on the site, and that the final benefits package is still being worked out. (00:56:16)
Lydia So (Commissioner) said the proposed heights are consistent with the city's future vision for that part of South of Market. (00:58:31)
Lydia So (Commissioner) asked that the towers vary in height rather than all match, as one diagram in the packet showed. (00:59:33)
Lydia So (Commissioner) said she preferred the first two parking screening options for the design standards and disliked the third. (01:00:34)
A guest presenter replied that the equal-height drawing is only a diagram and not prescriptive, and that the goal is varied heights. (01:03:02)
A guest presenter said the third screening type would be used only where parking faces loading areas and back alleys with little public view. (01:03:02)
Malea Chavez (Commissioner) asked what engagement with the cultural district community is continuing and what the commitment to it now looks like. (01:05:02)
A speaker said the city is still working with the cultural district and that the earlier, specific public art commitment is being reworked into a more flexible one. (01:06:03)
A speaker said the developer leads community engagement, with the city guiding which stakeholders are reached. (01:06:47)
A guest presenter said the cultural district art commitment from the original agreement carries over into the amendment, with details still being worked out. (01:07:08)
Mike Chen (Commissioner) asked about a provision in the design standards allowing gates and fences at access points to the site's private streets. (01:07:40)
City staff said gates on the streets would not be automatic: they would need the planning director's approval and the sponsor would have to show a safety concern, with the process spelled out in the agreement. (01:08:23)
A guest presenter said the sponsor has bought the land for the affordable housing dedication but has not yet transferred it to the city. (01:09:49)
A speaker clarified that the timing of the land transfer would be at the choice of the Mayor's Office of Housing and Community Development rather than tied to the first construction document. (01:10:32)
Mike Chen (Commissioner) raised concern that one stretch of a new street near 6th Street would have a sidewalk on only one side, and asked for sidewalks on both. (01:11:15)
City staff said the right of way there is too narrow for two sidewalks and that staff vetted the one-sidewalk design with a Public Works accessibility coordinator. (01:11:44)
City staff listed what will come back to the commission: a Planning Code amendment, a map amendment for height, the development agreement and the design standards. (01:13:08)
City staff said there will also be a joint hearing of the Planning and Recreation and Park commissions because the project casts a shadow. (01:13:20)
Mike Chen (Commissioner) said that if developers are given a choice between office and housing, policymakers should consider how to make housing as competitive to build as office. (01:13:38)
Mike Chen (Commissioner) suggested that above-grade parking with screening and design standards could be considered for other projects as a way to cut building costs. (01:15:46)
Impact fee exemption for corner-lot housing projects (01:16:59)
A supervisor said he introduced the legislation to eliminate non-inclusionary impact fees on corner lots under the Family Zoning Plan in order to cut construction costs. (01:20:21)
A supervisor said the median monthly rent for a one-bedroom apartment now exceeds $4,200. (01:19:20)
A supervisor argued impact fees bring the city little money but can cost developers an extra $27,000 per unit in some cases. (01:20:21)
A supervisor said corner lots account for more than half of the new-unit capacity under the Family Zoning Plan. (01:20:21)
A supervisor said he is also interested in using the legislation to consider a modest increase in the allowable average floor plate size on corner lots. (01:21:31)
A supervisor said he wants to explore similar fee reductions for housing created by adaptive reuse of historic buildings, probably in separate legislation. (01:21:31)
A speaker presenting for planning staff, said the ordinance would waive childcare, transit sustainability and applicable area plan fees in the Family Zoning Plan area while keeping inclusionary requirements. (01:23:26)
A speaker gave a figure for impact fees generated by HCSF-eligible parcels since September 2023, nearly all from childcare and transit fees and roughly $15,000 from area plan fees; the total is garbled in the recording. (01:23:26)
A speaker said studies from the 2025 rezoning found feasibility gaps of $80,000 to more than $400,000 per unit, against total development costs of about $1 million per unit. (01:24:30)
A speaker estimated the fee savings at $6,000 to $7,000 per unit for larger projects and about $530 for smaller ones, calling the relief modest but meaningful for projects on the edge of feasibility. (01:24:30)
A speaker said corner lots are about 10 percent of parcels but hold nearly half the rezoning capacity, and that so far seven HCSF applications have been mid-block and four on corner lots. (01:25:31)
A speaker acknowledged the exemptions reduce revenue for infrastructure, transit and childcare but said collections from these parcels have been low. (01:26:32)
A speaker noted that projects using the state density bonus or other ministerial pathways would still pay the fees in full. (01:26:32)
A speaker gave staff's first recommended change: extend the exemption to all HCSF parcels, since constraints are similar on corner and interior sites. (01:27:37)
A speaker gave staff's second recommended change: a 2032 sunset date so the exemption can be reassessed. (01:27:37)
A speaker backed the proposal as a five-year program that can be reassessed, and moved to approve. (01:30:35)
A commissioner argued against a sunset date, citing interest rates, labor and material costs, and made a second motion to approve with only staff's first recommended change. (01:34:54)
A commissioner withdrew her second of the first motion and seconded the motion without the sunset. (01:35:33)
A speaker answering for planning staff, said the fee rules are complex enough that staff sometimes have to double-check and have had to revise calculations. (01:36:31)
City staff said parcel-by-parcel differences in overlapping rules add complexity and time to reviews the department is trying to speed up. (01:38:06)
A speaker said planning staff will begin including analysis of administrative complexity in staff reports on legislation. (01:38:42)
Mike Chen (Commissioner) supported extending the exemption to all Family Zoning Plan sites, partly to ease the administrative burden. (01:40:32)
Mike Chen (Commissioner) argued the default should be that the fees stay off unless the city acts to restore them, and backed the motion without a sunset. (01:41:35)
Elizabeth Macdonald (Commissioner) described the question as a balance between funding transit, childcare and neighborhood needs and encouraging housing, and said the balance tips toward housing. (01:43:56)
City staff explained that staff proposed the sunset as a regular check-in, as with the inclusionary reductions' three-year review, and that it would not necessarily mean reverting to today's fees. (01:46:13)
Elizabeth Macdonald (Commissioner) seconded the motion to approve with both staff changes, including the sunset. (01:47:08)
Malea Chavez (Commissioner) voiced concern about transportation funding and favored the sunset as a chance to check on the impact and any unintended consequences. (01:49:00)
A commissioner said, speaking as chair, that 2032 is too close given how long development takes, and asked for a broader conversation about impact fees. (01:51:14)
Elizabeth Macdonald (Commissioner) floated a longer sunset, such as ten years, as a possible compromise. (01:52:06)
City staff said the commission can expect a broad discussion of impact fees and other housing cost constraints in early 2027. (01:53:00)
City staff said the housing element has a circuit-breaker trigger in January 2027, when the city looks at whether more strategies or rezoning are needed to meet its housing goals. (01:53:00)
Lydia So (Commissioner) argued a sunset date would undermine the confidence of people deciding whether to invest in building housing in the city. (01:57:33)
Joel Koppel (Commissioner; Vice President, Planning Commission) noted the ordinance has a second supervisor as co-author and asked the sponsor for his view on the two staff changes. (02:00:57)
A supervisor endorsed staff's first change, extending the exemption to all eligible parcels. (02:01:27)
A supervisor said that on the sunset he leaned toward the reasoning of the commissioners who opposed it, and that housing should not be pitted against transit and childcare for money. (02:01:27)
A speaker said he was conflicted: dropping the fees with no end date removes the option to reassess, and the money for transit and childcare would have to come from somewhere. (02:03:51)
Malea Chavez (Commissioner) maintained that a sunset carries little risk and would let the city learn whether removing the fees increases applications. (02:06:30)
Mike Chen (Commissioner) summed up three reasons against a sunset: the city can still act later either way, a sunset adds administrative burden, and dropping it signals the city is open to housing. (02:09:16)
A commissioner said she did not want to return to burdening housing projects with these fees in the near future and that there will be other chances to revisit how transit and childcare are funded. (02:09:53)
Elizabeth Macdonald (Commissioner) came around to supporting approval without a sunset as a gesture of support for the Family Zoning Plan, while saying she still slightly preferred the other approach. (02:24:00)
A speaker withdrew his motion after the commissioner who had seconded it shifted her position. (02:25:27)
Documents: Agenda
San Jose · City Council, Tuesday, September 29 · San Jose's episode
Downtown parking meter and garage rates and hours (00:53:24)
A speaker gave the budget background: the council closed a $50 million ongoing general fund shortfall in the 2026-27 budget. (00:54:10)
A speaker noted the adopted budget includes an ongoing transfer from the parking fund to the general fund, supported by the proposed meter rate and hour changes. (00:55:18)
A speaker acknowledged staff fell short on outreach before the June 23 meeting and were told to do more. (00:56:26)
A speaker said downtown meter rates were last updated in 2014 and most meter operating hours have not changed in more than twenty years. (00:57:37)
A speaker said the city runs about 2,500 on-street metered spaces and that meter revenue has been roughly flat at about $3 million to $3.2 million a year. (00:57:37)
A speaker compared rates: Santana Row charges $3 an hour on the street against San José's current $2. (00:58:41)
A speaker said staff held eight stakeholder meetings between July 17 and September 2, including with the Downtown Association, business districts and the Downtown Parking Board. (01:00:45)
A speaker said the employee permit discount would be open to workers earning up to 50% above minimum wage, up from 30%, with tips no longer counted. (01:01:48)
A speaker laid out the five-year phasing, with downtown meter hours extending from 6 p.m. to 9 p.m. in year three. (01:03:55)
A speaker said the plan keeps the $1.2 million annual general fund transfer and would produce about $5 million in new money for the parking system over five years. (01:03:55)
A speaker listed upcoming capital needs, including adding an elevator at the Second and San Carlos garage, estimated at $11 million to $15 million. (01:05:08)
A speaker said the administration supports the memo from Anthony Tordillos (Councilmember, District 3), with suggested wording on its item 2A. (01:08:23)
Anthony Tordillos (Councilmember, District 3) proposed a two-year plan instead: year one raises garage special-event and daily rates ($1.25 per 15 minutes), and year two sets $3 an hour at meters in all meter districts. (01:28:15)
Anthony Tordillos (Councilmember, District 3) said the memo drops the 6-to-9 p.m. meter extension and the extra downtown-only meter increases, based on feedback from downtown residents, businesses and workers. (01:29:22)
Anthony Tordillos (Councilmember, District 3) said the memo would cover the $1.2 million general fund contribution and still leave about $800,000 a year for the parking fund, and moved approval of the memo. (01:30:24)
A speaker confirmed the memo would replenish the parking fund over several years. (01:32:11)
David Cohen (Councilmember, District 4) said it was frustrating that rates had not risen in years, and suggested the city consider regular CPI-style adjustments. (01:32:20)
David Cohen (Councilmember, District 4) said he had found downtown Oakland and Sacramento parking to cost about twice as much as San José's. (01:33:21)
A speaker said meter data comes from payment transactions, so staff cannot tell exactly how long cars stay or how many spaces are open at a given time. (01:34:45)
A speaker said staff add manual counts and are working on a curb management program that uses cameras to track curb use. (01:35:51)
David Cohen (Councilmember, District 4) suggested staff eventually report the utilization data to the Transportation and Environment committee. (01:36:33)
A speaker said the smart meters are nearing the end of their useful life and staff are looking at replacing them with virtual, pay-by-plate payment, which would need an RFP. (01:37:49)
A speaker told George Casey (Councilmember, District 10) the Downtown Parking Board has three vacancies and five applications on file with the clerk. (01:40:03)
George Casey (Councilmember, District 10) asked whether staff had analyzed the effect on downtown businesses, which he said run on thin margins. (01:40:31)
A speaker said staff had not done a detailed business impact analysis, and suggested the future parking plan could include one. (01:42:08)
George Casey (Councilmember, District 10) said he would not support the memo and wanted more time to avoid harming businesses. (01:42:44)
A speaker said that without the deficit, the general fund transfer probably would not be proposed, but staff would still seek rate increases to pay for capital needs. (01:43:56)
A councilmember said the process began disingenuously, because the revenue was built into the budget without the council fully understanding it. (01:45:02)
A speaker said that under the staff plan, money for extra garage security and cleaning would come in years four and five. (01:46:42)
A speaker said the memo would leave about $800,000 a year in ongoing revenue beyond the general fund transfer, available for maintenance and capital work. (01:47:42)
A speaker said the old garage bonds were refunded years ago and the parking fund now carries no debt obligations. (01:49:42)
A speaker said staff review parking budgets with the Downtown Parking Board three times a year. (01:50:46)
A councilmember asked the city to reconsider requiring parking board members to file Form 700 disclosures, and to present information to the board even when meetings lack a quorum. (01:51:03)
A speaker said the city does not coordinate event pricing with private parking operators but reviews their rates once a year. (01:54:38)
A councilmember asked what new meter technology would cost and whether there is a reserve for it. (01:56:40)
A speaker said there is no cost estimate yet and no reserve for replacing the meters. (01:56:56)
A speaker asked whether staff had studied how longer meter hours affected foot traffic in other cities' downtowns. (01:57:40)
A speaker said staff compared only peer cities' rates and did not do an impact analysis. (01:58:57)
A speaker argued that service workers who now park free after 6 p.m. would in effect pay to go to work, even with a discount. (01:59:59)
A speaker questioned why the budget gap was being closed on downtown in particular, citing the hotel tax as well. (02:01:02)
A speaker said he wished staff had brought information on other cities that made similar changes. (02:03:10)
A councilmember pointed to aging meters and garages, including a garage between Second and Third Streets so old it is not ADA compliant, and urged earlier investment. (02:03:41)
A councilmember urged filling the parking board vacancies quickly. (02:05:42)
A speaker clarified that the memo's two main differences from staff are no 6-to-9 p.m. meter extension and no extra $1 downtown-only meter increase. (02:07:20)
A speaker said that if nothing passed, the parking fund would spend more than it takes in, and the gap would have to be dealt with in the 2027-28 budget. (02:09:07)
A speaker noted other budget trade-offs the council had already made, such as not opening a fire station or the police training center. (02:09:07)
City staff added that the longer action on the fund is delayed, the deeper its structural imbalance becomes. (02:12:34)
The meeting chair said she had heard from event ushers worried about parking costs, supported keeping meter hours ending at 6 p.m., and was unsure about the rest of the memo. (02:13:00)
The meeting chair said she worries about her safety walking through the San Pedro garage at night. (02:14:01)
Pamela Campos (Councilmember, District 2) asked whether the item could go to a joint meeting of the council and the Downtown Parking Board, since the board has been unable to meet for lack of a quorum. (02:15:24)
City staff said a joint meeting is possible but the board would still need a quorum. (02:16:20)
A speaker said four members are seated on the board, so all four must attend for a quorum, and the clerk's office is pressing for the three appointments. (02:16:35)
A speaker said the formal five-year budget forecast is not available until March 1. (02:19:02)
David Cohen (Councilmember, District 4) said the council could approve parts of the memo, since the meter-rate increases in items 1D and 1E seemed to be what concerned members. (02:19:58)
Anthony Tordillos (Councilmember, District 3) preferred his full memo, warning that approving only the event and garage increases would not break even. (02:22:24)
A councilmember called a joint meeting with an advisory board unusual and preferred filling its vacancies so it can advise the council. (02:23:05)
A speaker said the city should not create barriers to coming downtown, while recognizing the budget urgency, and that he liked parts of the memo's phased approach. (02:25:07)
A councilmember asked how much the downtown employee parking discount is used. (02:28:04)
A speaker said fewer than about 70 permits are in use; the program offers garage parking for $50 a month to qualifying workers. (02:28:53)
A councilmember urged better promotion of the employee discount through the downtown and Japantown business associations. (02:29:47)
A speaker said the memo's $800,000 a year would be available for reinvestment starting in the first year. (02:31:15)
George Casey (Councilmember, District 10) backed the joint-meeting motion, calling it unusual but warranted by the circumstances. (02:33:00)
David Cohen (Councilmember, District 4) asked the maker of the joint-meeting motion to add some memo items, including the event rates, the employee permit expansion and the Convention Center free parking. (02:33:35)
A councilmember declined the amendment, saying those items were exactly what the joint meeting should discuss. (02:34:22)
A councilmember confirmed that no action could be taken at the joint meeting; the item would come back to the council afterward. (02:35:53)
Anthony Tordillos (Councilmember, District 3) opposed the joint meeting, noting the parking board had already met twice and made its objections clear. (02:37:08)
The meeting chair opposed the joint meeting, saying it would set a precedent for other advisory boards. (02:37:55)
Anthony Tordillos (Councilmember, District 3) moved the reduced package, acknowledging the parking fund would still lose some money each year under the $1.2 million transfer. (02:39:36)
A councilmember said the dais clearly wants the parking board fully staffed and its appointments expedited, though that was not written into the motion. (02:41:01)
Temporary moratorium on new or expanded detention and custodial facilities (00:45:57)
A speaker thanked a member of Congress's office and the coalition of supporters, said he hoped other cities would follow San José's lead, and moved approval. (00:50:55)
The meeting chair said the item passed as it should have and thanked the colleagues who brought it forward. (00:51:48)
Documents: Agenda
San Jose · City Council, Friday, October 2 · San Jose's episode
Study session on infrastructure financing tools: Community Facilities Districts and Enhanced Infrastructure Financing Districts (00:00:47)
The presiding officer said he asked for the study session to learn how infrastructure financing tools could help investment in jobs, housing and downtown revitalization (00:00:47)
City staff stressed that the session is only for information and does not authorize forming any district or structure (00:02:45)
City staff went through the history: redevelopment agencies authorized in 1945, the 1982 Mello-Roos Act creating CFDs, redevelopment agencies dissolved in 2012, EIFDs created in 2014, and EIFDs streamlined in 2019 (00:04:48)
City staff explained that a CFD creates a new special tax, while an EIFD funds infrastructure from future growth in property tax without raising taxes (00:06:05)
City staff said a CFD needs two-thirds approval from voters or landowners, while an EIFD needs no vote to form but must go through a set series of public hearings (00:07:06)
City staff said a CFD can sometimes be set up in less than a year (00:08:06)
City staff noted that San Jose already has a Convention Center Facilities District, a special tax paid by hotel property owners that goes back into the convention center (00:08:06)
City staff said an EIFD is much slower, because new property value has to build up before it can be borrowed against, which could take five, eight, ten years or more (00:09:07)
A speaker said, speaking for Public Works, that bonds from a CFD can pay for roads, public parking, streetlights, parks, water and sewer, and flood control (00:12:52)
A speaker said CFDs can fund added services but cannot replace services that existed before the district was formed (00:13:55)
City staff gave a made-up CFD example: 65 units on one acre needing about $5 million of streets, water and sewer work, bonded over about 30 years (00:14:07)
City staff said the example works out to about $4,500 of special tax per unit per year, or about $378 per unit per month once debt service is added (00:15:07)
A speaker said Council Policy 1-14, last amended in 1993, sets a $10 million minimum for the council to consider a new CFD that borrows money (00:15:51)
A speaker said the policy also requires 1,000 single-family homes, a density that may not fit the Envision 2040 general plan, and called the policy out of date and in need of an update (00:15:51)
A speaker said the made-up CFD example would not meet the policy's minimums (00:16:54)
City staff explained that agencies taking part in an EIFD commit all or part of their share of new property tax, either to pay costs as they go or to repay bonds (00:17:06)
City staff listed what an EIFD can fund, including highways, roads, water systems, public safety, civic facilities, parks, site preparation and affordable housing (00:18:08)
City staff said, citing the county controller's figures, that the city's share of new property tax is 13.5%, school districts get 44%, the county 18%, and other taxing entities 24% (00:20:11)
City staff said school districts' share can never go into an EIFD, while most other taxing entities can choose whether to commit their share (00:21:14)
City staff said a made-up $10 billion mixed-use development would, once mature, support about $9 million a year in debt payments from the city's share alone, or about $138 million of bonds over 30 years at 5% interest, and called that yield somewhat modest (00:22:16)
City staff mentioned a state transportation infrastructure loan program that could stretch borrowing capacity further, with conditions attached (00:23:16)
City staff said an EIFD needs a separate public financing authority with a lot of administration and reporting, and can pay costs as it goes, repay developers, or issue bonds (00:24:16)
City staff compared San Francisco, a combined city and county with a single school district that captures about 64 of the yield, with San Jose's roughly 13% share spread among dozens of school and special districts (00:26:19)
A guest presenter explained that under state law an EIFD's public financing authority has five members: three elected officials from the participating bodies and two members of the public who live or work in the district (00:30:13)
A guest presenter described the protest hearing: under 25% protest the district goes ahead, between 25% and 50% an election must be held within 90 days, and over 50% stops it (00:32:17)
A guest presenter clarified that private developers can build market-rate housing inside an EIFD, but housing paid for with EIFD increment or bonds must be affordable (00:34:17)
A guest presenter cautioned that committing the city's property tax share to an EIFD requires weighing the effect on the city's future ability to pay for everyday services (00:35:20)
A guest presenter explained that business owners inside a CFD who are neither registered voters there nor landowners cannot vote on forming it (00:37:22)
A guest presenter described the $10 billion example's bonding capacity as $238 million, after the staff slide had said $138 million (00:40:25)
A guest presenter said timing usually points to using CFDs early in a project and EIFDs later (00:40:25)
A guest presenter said developers benefit because the tools let them borrow at tax-exempt interest rates instead of higher construction-loan rates (00:41:26)
A guest presenter described Sacramento's Aggie Square EIFD, formed in 2021 together with a CFD, where a city policy sends 80% of the increment to infrastructure and 20% to affordable housing (00:43:29)
A guest presenter described West Sacramento's EIFD, formed in 2017 over a little more than 4,100 acres in 14 subareas, which issued bonds in 2025 (00:45:30)
A guest presenter described the Placentia EIFD from 2019, a city-county partnership, and the Eastern Coachella Valley EIFD from 2023, both of which will take years to produce usable value (00:46:30)
A guest presenter noted that the Eastern Coachella Valley district covers 91,000 mostly undeveloped acres and includes 20% of the county's increment (00:47:32)
A guest presenter described San Francisco's Treasure Island financing district, formed in 2017 on a former naval station with 8,000 homes and 300 acres of parks, as a success (00:48:35)
City staff suggested questions for judging future proposals, starting with whether the investment enables development that would not otherwise happen (00:49:57)
City staff said the city could set up a policy framework or decision tree ahead of time for ranking projects and deciding how much increment to commit (00:51:05)
City staff said Public Works, Transportation, Finance, and to some extent planning and housing staff took part in working-group meetings on the session (00:52:09)
A speaker asked who pays the costs of issuing CFD bonds and of compliance, and whether the city does (00:53:07)
A guest presenter answered that issuance costs come out of bond proceeds and ongoing administration out of the special tax, so the city does not pay, though those costs reduce borrowing capacity (00:54:39)
A speaker asked whether an EIFD built on the city's share alone would be worth the effort (00:55:44)
A guest presenter agreed that 13.5% is not a big share and said generating only $138 million from such a development may not be worth it (00:56:02)
A speaker pointed to Measure T's success and said going directly to voters seems more practical than these tools (00:56:55)
A speaker said she does not think the tools are appropriate right now, noting that affordable housing does not bring in property tax (00:57:55)
A speaker said the city has a lot of aging infrastructure and must start thinking about how to pay for it (00:59:04)
The presiding officer responded that the tools are not only for affordable housing and may be useful at some specific sites in the city even today (00:59:40)
A speaker asked what income-level requirements apply to housing funded by tax increment, citing a state code section that lists housing for very low to moderate incomes as eligible (00:59:54)
A guest presenter offered to follow up afterward with the specific requirements (01:00:42)
A speaker said he is interested in using tax increment to support mixed-income housing while keeping properties on the tax rolls (01:01:35)
A speaker suggested EIFDs could add to funding for the city's existing alternative housing finance efforts (01:02:58)
A speaker pointed to Google's Downtown West, approved after years of negotiation and then stalled when the market turned, and asked how forming a district would fit with land assembly and negotiations with developers (01:02:58)
City staff said each case would be judged on its own, ideally starting once land is already assembled and there is a clear development plan, and that hotel and sales tax gains could also be considered (01:04:33)
A speaker summed up the council's homework as updating the CFD rules and getting the city ready to move quickly on large projects with assembled land, rather than forming a district now (01:05:58)
A speaker asked whether staff had modeled any particular areas of the city (01:06:34)
City staff declined to discuss specific locations, saying it could distort landowners' behavior (01:07:16)
A speaker asked whether the county took part in Sacramento's Aggie Square EIFD, where the city's share was 22.6% (01:07:58)
A guest presenter answered that Aggie Square is a city-only EIFD, in partnership with Wexford and UC Davis (01:08:30)
The presiding officer asked how the CFD and EIFD work together at Aggie Square, as a possible model for combining the two (01:09:24)
A guest presenter explained that CFD bonds can be issued once phase one is built, and the expectation is that tax increment from that phase will cover the debt payments instead of levying the special tax (01:11:01)
The presiding officer asked what made county participation possible in some examples and what shared benefits might encourage it (01:11:50)
A guest presenter said Riverside County joined in Eastern Coachella Valley because a large undeveloped area needs infrastructure it wants built sooner (01:12:11)
A speaker noted that special districts and water districts, not only the county, can be EIFD partners (01:12:53)
The presiding officer asked whether school districts are left out by practice or by law, and the answer given was by law (01:13:15)
A guest presenter warned that agencies with small shares usually need a bigger partner, and that some agencies elsewhere that formed EIFDs without one now feel their hands are tied (01:13:35)
City staff said the memo shows the county-wide distribution and she can share a breakdown of the other taxing entities (01:15:13)
The presiding officer said San Jose's share seems low for the city's size and services, and asked what drives it and whether reform is possible (01:15:31)
City staff pointed to a state bill adopted last year on EIFDs for commercial-to-residential conversions, and said she would need to research whether it changed the share available to cities (01:16:20)
A speaker said there probably has been no state bill in the last decade rebalancing the shares, only fixes for specific projects (01:17:08)
A speaker confirmed that the 13.5% is a share of the 1% property tax, and asked for a concrete San Jose case where an EIFD would beat a CFD (01:17:48)
City staff declined to name a specific site, saying near-term CFD revenue could build momentum toward a broader EIFD (01:18:23)
A speaker asked what measure the city would use in five or ten years to tell whether a tool delivered the promised benefits (01:19:12)
City staff said that by the end of a district's life the added land value and other tax revenue should be greater than the cost of the investment (01:19:52)
A speaker asked how the long wait for revenue fits with developers needing infrastructure money upfront (01:20:27)
City staff acknowledged, in reply to an earlier question, that the staff time and consultants needed for analysis bring near-term costs and extra workload (01:23:12)
Documents: Agenda
This episode was produced with AI from the episodes of the shows that cover each of the area's governments, which are made from the public recordings of the meetings. Links to every source are in the show notes.
5 min

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Every Sunday, the week's decisions from the Bay Area's local governments, in five minutes. Produced with AI from the episodes of CivicFM's shows for each government, which are made from the public…

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