City of San José Page 1 March 29, 2022
City Council Meeting
MINUTES
Tuesday, March 29, 2022
1:30 PM
Hybrid Meeting – Council Chambers and Virtually –
https://sanjoseca.zoom.us/j/99346843938
SAM LICCARDO, MAYOR
CHAPPIE JONES, VICE MAYOR, DISTRICT 1
SERGIO JIMENEZ, DISTRICT 2
RAUL PERALEZ, DISTRICT 3
DAVID COHEN, DISTRICT 4
MAGDALENA CARRASCO, DISTRICT 5
DEV DAVIS, DISTRICT 6
MAYA ESPARZA, DISTRICT 7
SYLVIA ARENAS, DISTRICT 8
PAM FOLEY, DISTRICT 9
MATT MAHAN, DISTRICT 10
City of San José Page 2 March 29, 2022
* COVID-19 NOTICE *
Consistent with AB 361 and City of San Jose Resolution Nos. 79485, 80237, 80266, 80290, 80323, 80343, 80363, and 80400, Councilmembers may be teleconferencing from remote locations.
• Call to Order and Roll Call
9:30 a.m. - Closed Session
22-392 Closed Session: See Page 17 for Closed Session Minutes
Absent: Davis, Esparza
1:34 p.m. -Afternoon Session
Present: Councilmembers - Carrasco (via Zoom), Mahan, Jimenez , Jones, Cohen, Esparza, Peralez (via Zoom), Arenas (via Zoom), Foley, Davis; Liccardo (2:45 p.m.)
Absent: Councilmembers - All Present.
• Pledge of Allegiance
Vice Mayor Chappie Jones led the Pledge of Allegiance.
• Invocation (District 5)
Gabriel Medina, Vice President of Chavez Family Vision, provided the Invocation.
• Orders of the Day
Upon motion by Councilmember Matt Mahan, seconded by Councilmember Pam Foley, and carried unanimously, the Orders of the Day and the Amended Agenda were approved, with Item 2.7 to be removed from the Consent Calendar and heard upon arrival of Mayor Sam Liccardo. Consequently, Item 2.7 was heard following Item 3.3. (10-0-1. Absent: Liccardo.)
• Closed Session Report
City Manager Jennifer Maguire reported the unanimous City Council confirmation of Khaled Tawfik as Chief Information Office to assume his role on April 18th, 2022, and lead the Information Technology Department. Khaled Tawfik’s experience includes years of diverse technical work in private and public sectors and is currently Chief Officer of the City of Irvine.
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1. CEREMONIAL ITEMS
1.1 Councilmember Magdalena Carrasco offered a presentation of a Proclamation declaring National Social Workers Month and invited Martha Jaquez, Program Manager for Adult Protective Services of Santa Clara County, to speak. (Carrasco)
1.2 Councilmember Pam Foley offered a presentation of a Proclamation declaring Multiple Sclerosis Awareness Month and invited Helen Solinski, Chair of the Bay Area support group MS Sisters, to speak. (Foley)
1.3 Councilmember Maya Esparza offered a presentation of a Proclamation declaring National Vietnam War Veterans Day; thanked veterans for their courage and service to Vietnam; and invited Rose Herrera, President of the United Veterans Council of Santa Clara County and Warren Finch, President of Vietnam Veterans of America to speak. (Esparza)
2. CONSENT CALENDAR
Upon motion by Councilmember Maya Esparza, seconded by Councilmember Matt Mahan and carried unanimously, all of the items of the Consent Calendar was approved and the below listed actions were taken as indicated. (10-0-1. Absent: Liccardo.)
2.1 Approval of City Council Minutes.
None provided.
2.2 Final Adoption of Ordinances.
None provided.
2.3 22-436 Approval of Council Committee Minutes.
(a) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes of March 2, 2022. (b) Regular Joint Meeting for the Rules and Open Government Committee and Committee of the Whole Meeting Minutes March 9, 2022. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action.
Action: Council Committee Minutes were accepted. (10-0-1. Absent: Liccardo.)
2.4 22-462 Mayor and Council Excused Absence Requests Request for an excused absence for Councilmember Esparza from the Regular Meeting for the City Council on March 22, 2022 due to illness. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (Esparza)[Rules Committee referral 3/23/2022 - Item A.1.a]
Action: The request for excused absence was approved. (10-0-1. Absent: Liccardo.) City of San José Page 4 March 29, 2022
2.5 City Council Travel Reports.
None provided.
2.6 Report from the Council Liaison to the Retirement Boards.
None provided.
2.7 22-393 City Roadmap - Soft-Story Building Earthquake Retrofit Policy: Actions Related to the Federal Emergency Management Hazard Mitigation Grant Funds for the Soft Story Seismic Retrofit Program.
Adopt a resolution authorizing the City Manager or designee to accept Federal Emergency Management Agency Hazard Mitigation Program grant funds, administered by the California Governor’s Office of Emergency Services in the amount of $1,443,040 to support the City’s Soft Story Seismic Retrofit Program and to negotiate and execute any documents necessary to accept these grant funds.
CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Manager)
HEARD AFTER ITEM 3.3
Public Comments: Anil Babbar (California Apartment Association), Blair Beekman, and Jeff Zell offered public comments.
Action: Upon motion by Councilmember Maya Esparza, seconded by Vice Mayor Chappie Jones, and carried unanimously, Resolution No. 80433 was adopted, authorizing the City Manager or designee to accept Federal Emergency Management Agency Hazard Mitigation Program grant funds. (11-0.)
2.8 22-394 Amendment to the Agreement with Witt O’Brien’s LLC for COVID-19 Consulting Support.
Adopt a resolution authorizing the City Manager to negotiate and execute the Sixth Amendment to the Agreement with Witt O’Brien’s LLC for consulting support to assist the City in strategic emergency management support in updating plans and protocols related to the City’s response to COVID-19 and to extend the Agreement from March 31, 2022 to March 31, 2023 with no increase in compensation. CEQA:
Not a Project, File No. PP17-008, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (City Manager)
Action: Resolution No. 80434 was adopted, authorizing the City Manager to negotiate and execute the Sixth Amendment to the Agreement with Witt O’Brien’s LLC. (10-0-1. Absent: Liccardo.)
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2.9 22-395 City Roadmap - Budgeting, Accountability and Performance: Amendment to the Agreement with Ernst & Young, LLP for COVID-19 Consulting Support.
Adopt a resolution authorizing the City Manager to negotiate and execute the Second Amendment to the Agreement with Ernst & Young, LLP (San José, California) for consulting support to assist the City in strategic management of COVID-19 funding sources and provide technical guidance related to a comprehensive disaster cost recovery model, to extend the Agreement from March 31, 2022 to September 30, 2022 with no increase in compensation. CEQA: Not a Project, File No. PP17-008, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)
Action: Resolution No. 80435 was adopted, authorizing the City Manager to negotiate and execute the Second Amendment to the Agreement with Ernst & Young, LLP. (10-0-1. Absent: Liccardo.)
2.10 22-396 Amendment to the Agreement with The Active Network, LLC for the Purchase of a Fully Hosted Registration and Parks System.
Adopt a resolution authorizing the City Manager to negotiate and execute the First Amendment to the Agreement for the purchase of a Fully Hosted Registration and Parks System with The Active Network, LLC (Atlanta, GA) to add up to three oneyear options to extend the agreement through April 30, 2025 for ongoing hosting, technical support, maintenance, and payment processing services with a maximum compensation of $140,000 for the option beginning May 1, 2022 and ending April 30, 2023, subject to the annual appropriation of funds. CEQA: Not a Project, File No.
PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Finance)
Action: Resolution No. 80436 was adopted, authorizing the City Manager to negotiate and execute the First Amendment to the Agreement for the purchase of a Fully Hosted Registration and Parks System with The Active Network, LLC. (10-0-1. Absent: Liccardo.)
2.11 22-397 Lease Extension with Santa Clara Valley Transportation Authority for the Mabury Bridge Housing Community.
Adopt a resolution authorizing the City Manager to negotiate and execute a lease amendment to extend the lease with Santa Clara Valley Transportation Authority for the Mabury Bridge Housing Community. CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing)
Action: Resolution No. 80437 was adopted, authorizing the City Manager to negotiate and execute a lease amendment to extend the lease with Santa Clara Valley Transportation Authority for the Mabury Bridge Housing Community. (10-0-1. Absent: Liccardo.)
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2.12 22-398 Agreement with People Assisting the Homeless for the Downtown Crisis Response Program.
Adopt a resolution authorizing the Director of Housing to negotiate and execute an agreement with People Assisting the Homeless to establish a Downtown Crisis Response Program in the amount not to exceed of $1,200,000, funded by the Emergency Housing - Downtown Homeless Health Response and Support appropriation in the American Rescue Plan Fund.. CEQA: Not a Project, File No.
PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment.(Housing)
Councilmember Raul Peralez expressed support for greater access to mental health support services and hope to see this kind of program expand across the city.
Councilmember Dev Davis asked staff for clarification on changes made due to redistricting.
Public Comments: Kiana Simmons (Commissioner, Reimagining Community Safety Advisory Commission) offered public comment.
Action: Upon motion by Councilmember Raul Peralez, seconded by Councilmember Sylvia Arenas, and carried unanimously, the March 25, 2022 memorandum authored by Raul Peralez was approved, to accept staff recommendation and direct staff to return to the Public Safety, Finance, and Strategic Services (PSFSS) committee in one year with an evaluation of the Downtown Crisis Response Program. Resolution No. 80438 was adopted. (10-0-1. Absent: Liccardo.)
2.13 22-416 Retroactive Approval of the Cesar E. Chavez Day Flag Raising Sponsored by Council District 3 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on March 16, 2022: (a) Retroactively approve the Cesar E. Chavez Day Flag Raising scheduled on March 28, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Peralez) [Rules Committee referral 3/16/2022 - Item B.5]
Action: The City Council Sponsored Special Event was approved. (10-0-1. Absent: Liccardo.)
2.14 22-449 Boards and Commissions Appointment.
Approve the following Boards and Commissions appointment: (a) Library Commission: (1) Citywide Education Seat: Appoint Kristen Brown for a term ending June 30, 2022. CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Clerk) [Rules Committee referral 3/29/2022 - Item A.1.a]
Action: The appointment of Kristen Brown for the Library Commission’s Citywide Education Seat was approved (10-0-1. Absent: Liccardo.)
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2.15 22-451 Retroactive Approval of Alum Rock Village Business Workshop Event Sponsored by Council District 5 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on March 23, 2022: (a) Retroactively approve the Alum Rock Village Business Safety Workshop scheduled on February 28, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses, or community groups to support the event. CEQA:
Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Carrasco) [Rules Committee referral 3/23/2022 - Item B.1]
Action: The City Council Sponsored Special Event was approved. (10-0-1. Absent: Liccardo.)
2.16 22-454 Retroactive Approval of Multiple Special Events Sponsored by Council District 7 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on March 23, 2022: (a) Retroactively approve the Tully Night Market held at 880 Tully Road scheduled on September 30, October 7, October 14, October 21, October 28, November 4, November 11, and November 18, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; (b) Retroactively approve the Tropicana Lanai Dumpster Day held at 1601 Cunningham Avenue scheduled on November 6, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; (c) Retroactively approve the Dahl Dumpster Day held at 3200 Water Street scheduled on November 13, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; (d) Retroactively approve the Valley Palms Thanksgiving Meal Distribution held at Valley Palms scheduled on November 19, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; (e) Retroactively approve the Los Lagos Holiday Open House and Craft Fair held at Los Lagos Golf Course scheduled on December 11, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; (f) Retroactively approve the West Evergreen Neighborhood Holiday Gift Giveaway held at O.B.
Whaley Elementary School scheduled on December 16, 2021 as a City Council sponsored Special Event and approve the expenditure of funds; (g) Retroactively approve the West Evergreen Dumpster Day scheduled on January 15, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; (h) Retroactively approve the Rocksprings Dumpster Day scheduled on January 29, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; (i) Retroactively approve the Di Lac Temple Tet Celebration scheduled on January 29, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; (j) Retroactively approve the Viet Museum Tet Vietnamese New Year 2022 scheduled on January 29, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; (k) Retroactively approve the Dumpster Day on
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2.16 (Cont’d.)
Umbarger Road scheduled on February 12, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; (l) Retroactively approve the Lone Bluff Park Tet Event scheduled on February 19, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; (m) Retroactively approve the Dumpster Day held at Hubbard Media Arts Academy scheduled on February 26, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; and (n) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Esparza) [Rules Committee referral 3/23/2022 - Item B.2]
Action: The City Council Sponsored Special Events were retroactively approved. (10-0-1. Absent:
Liccardo.)
2.17 22-460 Approval of Spring Egg Hunt Sponsored by Council District 4 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.
As recommended by the Rules and Open Government Committee on March 23, 2022: (a) Approve the Spring Egg Hunt scheduled on April 9, 2022 as a City Council sponsored Special Event and approve the expenditure of funds; and (b) Approve and accept donations from various individuals, businesses or community groups to support the event. CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Cohen) [Rules Committee referral 3/23/2022 - Item B.3]
Action: The City Council Sponsored Special Event was approved. (10-0-1. Absent: Liccardo.)
3. STRATEGIC SUPPORT
3.1 Report of the City Manager, Jennifer Maguire (Verbal Report)
City Manager, Jennifer Maguire, offered the Verbal Report and presented the award of “Certified for Welcoming” given by the organization Welcoming America. San Jose is the 13th city in the nation to receive the highest designation which represents the city’s welcoming of Immigrants in all civic and social life. She thanked the City Manager’s Office of Racial Equity; Immigrant and Affairs Team; Silicon Valley Community Foundation; and the following City Partner’s: the Refugee and Immigrant Forum, People Acting in Community Together, Amigos de Guadalupe, Scared Heart Community Services, Latino’s United for a New America, San Jose City College, South Bay Council on Adult Education, and the Center For Employment Training. City Manager Jennifer Maguire also thanked the following City Departments on their coordination and efforts: The Office of Economic Development and Cultural Affairs, Human Resources, Housing, Library, Recreation Neighborhood Services and Police.
3.2 Labor Negotiations Update.
None provided.
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3.3 22-399 Semi-Annual Open Audit Recommendations.
Accept the report on the Semi-Annual Open Audit Recommendations. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (City Auditor)
City Auditor Joseph Rois and Senior Program Performance Auditor Britney Harvey provided the presentation and responded to questions.
Public Comments: Blair Beekman and Alex Shoor (Catalyze Silicon Valley) offered public comments.
Action: Upon motion by Councilmember David Cohen, seconded by Councilmember Maya Esparza, and carried unanimously, the Semi-Annual Open Audit Recommendations Report was accepted. (10-0-1. Absent: Carrasco.)
3.4 22-400 Spring Intergovernmental Relations Report.
(a) Accept the Spring Intergovernmental Relations Report. (b) Adopt updated City of San José advocacy priorities. (c) Reaffirm all City positions summarized in the 2022 Intergovernmental Relations Priority Legislation Log (Attachment A of the staff memorandum). (d) Accept the 2022 Strategic Project List (Attachment B of the staff memorandum). (e) Adopt a City position on Assembly Bill 1944 (Lee), Brown Act Reform (Attachments D and E of the staff memorandum). CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager) FINANCING AUTHORITY ITEMS TO BE HEARD AFTER ITEM 3.4
THIS ITEM WAS HEARD AFTER ITEM 2.7
Director, Office of Administration, Policy & Intergovernmental Relations, Sarah Zarate; Deputy Director, Intergovernmental Relations, Zane Barnes; Senior Executive Analyst, Intergovernmental Relations, Thomas Westphal; Holland & Knight’s Leslie Pollner; and Cruz Strategies’ Steve Cruz provided the presentation and responded to questions.
Public Comments: Blair Beekman, Anil Babbar (California Apartment Association), and Call-In User_1 offered public comments.
Action: Upon motion by Councilmember Maya Esparza, seconded by Councilmember Dev Davis, and carried unanimously, the Report and recommendations were accepted, with (e) a City position of support on Assembly Bill 1944 (Lee), Brown Act Reform (Attachments D and E of the staff memorandum) adopted, with direction by Council that if any amendments cause a significant difference to AB 1944, a Council vote on the City’s position of the bill should return to Council for further discussion. Additionally, Staff was directed to come back with a memo on recent pending legislation AB 2179 (Grayson and Wicks) COVID-19 Relief: Tenancy, rather than a recommendation and to include a City position to extend the March 31, 2022 program deadline. (11-0.)
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4. PUBLIC SAFETY SERVICES
5. TRANSPORTATION & AVIATION SERVICES
6. ENVIRONMENTAL & UTILITY SERVICES
7. NEIGHBORHOOD SERVICES
8. COMMUNITY & ECONOMIC DEVELOPMENT
8.1 22-401 Actions Related to Increasing Equitable Representation on the Housing and Community Development Commission. - DEFERRED.
(a) Approve an ordinance amending Part 28 of Chapter 2.08 of Title 2 of the San José Municipal Code, titled “Housing and Community Development Commission” to: (1) Increase the total number of members to 14; (2) Add one new designated member seat for a person with lived experience with homelessness; (3) Provide that, the Mayor nominate (in the short-term) the lived experience with homelessness Commissioner for submission to City Council for formal appointment; and (4) Commencing in Fiscal Year 2022-2023, provide a monthly stipend in the amount of $200 for all members on the Housing and Community Development Commission. (b) Direct the Housing Department to recruit interested applicants for the new lived experience with homelessness Commissioner seat and, upon appointment, provide the necessary resources and support for the new Commissioner to reduce barriers to participation. CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Housing)
DEFERRED TO 4/19/2022 PER ADMINISTRATION
8.2 22-402 Actions Related to Implementation and Amendment of the Commercial Linkage Fee Ordinance.
(a) Approve an ordinance amending Chapter 5.11 of Title 5 of the San José Municipal Code, Commercial Linkage Fee to: (1) Modify the payment timing to building permit and scheduling of final building inspection; and (2) Add credits for constructing new affordable housing units or restricting market rate units as affordable housing and associated definitions. (b) Adopt a resolution amending the 2021-2022 Schedule of Fees and Charges (Resolution No. 72737, as amended) to add the Commercial Linkage Fee and make certain changes thereto superseding Resolution No. 79705 to: (1) Modify options for payment to provide a deferred payment option for Office and Industrial / research and development projects of 100,000 square feet or more including installments after the scheduling of the final building inspection; (2) Provide a 20% discount to the fee amount when the fee is paid full at or prior to building permit issuance; (3) Add the credit for constructing or restricting new affordable housing units; and (4) Increase the maximum square
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8.2 (Cont’d.)
footage for exemption of non-residential office buildings to 50,000 square feet. (c) Direct staff to return in the fall of 2027 with a comprehensive review of the program including the amount of fees collected and an analysis of the effectiveness of the deferred payment option. CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action; and File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Housing/ Economic Development and Cultural Affairs/Planning, Building and Code Enforcement) [Deferred from 3/8/2022 - Item 8.3 (22-269)]
Director, Housing Department, Jacky Morales-Ferrand; Director, Office of Economic Development and Cultural Affairs, Nanci Klein; Deputy Director, Housing Department, Rachel VanderVeen; Director, Planning Department, Chris Burton; Senior Development Officer, Housing Department, Darius Brown; and Housing Catalyst, Housing Department, Jerad Ferguson provided the presentation and responded to questions.
Public Comments: Jeremy Barousse (Senior Policy and Organizing Director, Amigos de Guadalupe) Kathryn Hedges, Gabriel Manrique (Community Organizer, LUNA), Dr. Forest Peterson (Center for Integrative Facility Engineering), Krista De La Torre (Political Organizer, South Bay Labor Council), Elizabeth Kamya, Andrea Portillo (SOMOS Mayfair), Victor Vasquez (SOMOS Mayfair), Sandy Perry (Affordable Housing Network), Blair Beekman, Alex Shoor (Catalyze Silicon Valley), Araceli Rueda, Call-In User_1, Mathew Reed (SCV at HOME), Misrayn Gabby Mendoza, Huascar Castro (Working Partnerships USA), Zeke Sandoval (Policy Manager, PATH), Yolanda Chavez (Community Leader, LUNA), Jan Stokley, Carmen B, Jacky Rivera, and a caller with a number ending in -9575 offered public comments.
Motion: Councilmember Sergio Jimenez moved to accept the joint memorandum from Councilmembers Cohen, Jimenez and Carrasco dated March 25, 2022. Councilmember David Cohen seconded this motion.
Friendly Amendments: Councilmembers Matt Mahan and Councilmember Raul Peralez moved to amend the initiation of a new feasibility study, on executed leases of new construction of 1 million square feet spread over multiple developments downtown, or in 18 months, whichever comes first.
Friendly Amendments: Councilmember Dev Davis moved acceptance of Item #5 from her March 29, 2022 memorandum, directing staff to return to Council in June 2022 with an exploration of the incentive for Environmental LEED Zero and/or ILFI zero carbon certification(s) outside of the CLF.
The friendly amendment was accepted.
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2.16 (Cont’d.)
Action: On a call for the question, the March 25, 2022 joint memorandum authored by Councilmembers Cohen, Jimenez, and Carrasco was approved with changes as indicated in Item 3 as proposed in the friendly amendment by Councilmember Matt Mahan and Councilmember Raul Peralez:
1. Accept recommendations from the February 15, 2022 staff memorandum (a) Approving Ordinance No. 30744 and (b) adopting Resolution No. 80439;
2. Direct Staff to expand stakeholder outreach broadly to include commercial real estate brokers, prospective commercial space tenants, and others as staff deems appropriate. The outreach should include feedback regarding constraints, barriers, and opportunities to incentivize the occupancy of commercial space in San José. Start the process to revisit the feasibility study in either 18 months pass or once there are one million square feet in executed leases of new construction over 100,000 sq. ft.in the downtown over more than one building, whichever happens first
3. Direct staff to include the following in the scope of work for the feasibility study:
a. An analysis of the credit for constructing affordable housing units or restricting market- rate units as affordable, to help determine the appropriate level to incentivize affordable housing development
b. An analysis of the effectiveness of the 20% discount in incentivizing payment at or prior to building permit issuance
c. An analysis of the efficacy of the deferred secured payment option as it relates to incentivizing earlier collection of the CLF, and recommendations for actions Council can consider to remove barriers to selection of this option by developers d. Recommendations for identifying specific event milestones that would trigger the timing of the next feasibility study—for example, upon reaching a certain occupancy square footage in newly constructed office space, or upon reaching a certain dollar amount of fees collected through the CLF
e. (2) Direct Staff to explore moving to a different model, such as an index model, after the next check in (After trigger at 1,000,000 sq. ft. or a timeline of 18 months).
4. When staff returns to Councils with next feasibility study include the following with actionable recommendations:
a. The commercial linkage fee levels, based on the completed feasibility study b. Refinement of the payment options, to incentivize earlier collection of the CLF c. Options on potentially lowering or eliminating the discount for upfront payment at or prior to building permit issuance COUNCIL AGENDA: 3/29/22 FILE#: ITEM: 22-402
8.2 d. Specific event milestones that would trigger the timing of the next feasibility study.
Also including Item #5 of the March 29, 2022 memorandum authored by Councilmember Dev Davis, directing staff to return to Council in June 2022 with an exploration of the incentive for Environmental LEED Zero and/or ILFI zero carbon certification(s) outside of the CLF. (11-0.)
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8.3 22-405 Homelessness Annual Report.
As recommended by the Neighborhood Services and Education Committee on March 10, 2022, accept the annual report on homelessness for FY 2020-2021, including updates on the approved Citywide Roadmap items for 2021-2022 related to emergency interim housing and sheltering and enhanced encampment services.
CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Housing) [Neighborhood Services and Education Committee referral 3/10/2022 - Item (d)3]
The Housing Department’s Director Jacky Morales-Ferrand, Deputy Director Ragan Henninger; and Homelessness Response Manager Kelly Hemphill provided the presentation and responded to questions.
Public Comments: Blair Beekman, Dave Daman, and Call-In User_1 offered public comments.
Action: Upon motion by Vice Mayor Chappie Jones, seconded by Councilmember Maya Esparza, and carried unanimously, the annual report on homelessness for Fiscal Year 2020-2021 was accepted. (10-0-1. Absent: Carrasco.)
9. REDEVELOPMENT – SUCCESSOR AGENCY
10. LAND USE
10.1 Land Use on Consent Calendar
10.1(a) 22-407 PDC18-032 & PD18-042 - Planned Development Rezoning and Planned Development Permit on Certain Real Property Located Northeast Corner of Oakland Road and Faulstich Court (Ngo Nghi, Owner).
(1) Adopt a resolution adopting the Oakland Road Comfort Suites Project Mitigated Negative Declaration, for which an Initial Study was prepared, and associated Mitigation Monitoring and Reporting Program, in accordance with the California Environmental Quality Act, as amended. (2) Approve an ordinance of the City of San José rezoning certain real property of approximately 0.25 acre on the northeast corner of Oakland Road and Faulstich Court from the CIC Combined Industrial/Commercial Zoning District to the CIC(PD) Planned Development Zoning District. (3) Adopt a resolution, approving subject to conditions, a Planned Development Permit to allow the construction of a five-story hotel with up to 48 rooms, an alternative parking arrangement (mechanical lifts), valet parking, an 8-foot masonry wall, and the removal of one non-ordinance sized tree on an approximately 0.25-gross acre site.
CEQA: Oakland Road Comfort Suites Project Mitigated Negative Declaration.
Planning Commission recommends approval (10-0-1; Bonilla absent). Council District 3. (Planning, Building and Code Enforcement) [Deferred from 1/11/2022 - Item 10.1(a) (21-2648) and 3/1/2022 - Item 10.1(a) (22-228)]
The Housing Department’s Director Jacky Morales-Ferrand, Deputy Director Ragan Henninger; and Homelessness Response Manager Kelly Hemphill provided the presentation and responded to questions.
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10.1(a) (Cont’d.)
Action: Upon motion by Councilmember Pam Foley, seconded by Councilmember Raul Peralez, and carried unanimously, (a)(1) Resolution No. 80440, adopting the Mitigated Negative Declaration, and (a)(3) Resolution No. 80441 approving the Planned Development Permit, were adopted; and (2) Ordinance No. 30745 was passed for publication. (10-0-1. Absent: Carrasco.) 10 Land Use – Regular Agenda
• Open Forum
1. Dave Daman spoke on the issues of the Safe Parking Program and the way the issues damage the City’s relationship with the community.
2. Blair Beekman expressed support for the Safe Parking Program and spoke on the need for openness and accountability in City Law Enforcement
3. Kathryn Hedges expressed support for the Community Option to Purchase Agreement and desire for the City to agendise the issue quickly.
4. Call-In User_1 expressed the need for more patrol during the night time to prevent crime and to divert funding for other policing programs towards night time patrol • Adjournment
The Council of the City of San José adjourned at 9:30 p.m.
Minutes Recorded, Prepared, and Respectfully Submitted by, Toni J. Taber, CMC
City Clerk
get/03-29-22 MIN
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JOINT CITY OF SAN JOSE CITY COUNCIL/ FINANCING AUTHORITY AGENDA • Call to Order and Roll Call
Sam Liccardo called the joint meeting of the San Jose City Council and San Jose Financing Authority to order at 4:46 p.m on March 29, 2022.
1 22-410 Actions Amending Certain Agreements Related to the Interim Financing Program to Finance Capital Improvements at the San José-Santa Clara Regional Wastewater Facility.
(a) City Council adopt a resolution approving and authorizing the execution and delivery of a Third Amendment to the Credit Agreement and a Third Amended and Restated Fee Letter Agreement with Wells Fargo Bank, National Association, related to the issuance by the City of San José Financing Authority of its Subordinate Wastewater Revenue Notes in an aggregate principal amount not to exceed $300,000,000 outstanding at any one time for the purpose of financing or refinancing Wastewater System and Treatment Plant Projects to revise the calculation of interest and fees for the Notes along with other related changes and authorizing other related actions in connection therewith. (b) City of San José Financing Authority Board adopt a resolution approving and authorizing the execution and delivery of a Third Amendment to the Credit Agreement and a Third Amended and Restated Fee Letter Agreement with Wells Fargo Bank, National Association related to the issuance by the City of San José Financing Authority of its Subordinate Wastewater Revenue Notes in an aggregate principal amount not to exceed $300,000,000 outstanding at any one time for the purpose of financing or refinancing Wastewater System and Treatment Plant Projects to revise the calculation of interest and fees for the Notes along with other related changes and authorizing other related actions in connection therewith. CEQA: Not a Project, File No. PP17-004, Government Funding Mechanism or Fiscal Activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (Finance/Environment Services)
Public Comments: Blair Beekman, and Call-In User_1 offered public comments.
Action: Upon motion by Councilmember Maya Esparza, seconded by Councilmember Pam Foley, and carried unanimously, (1)(a) Resolution No. 80407 and (b) City of San José Financing Authority Board Resolution No. SJFA155 were adopted. (11-0.)
2 22-409 Approval of the Sale and Issuance of Bonds and Related Bond Documents for the City of San José Financing Authority Taxable Lease Revenue Bonds, Series 2022A (Convention Center Refunding Project).
(a) City Council take the following actions: (1) Adopt a resolution to authorize the issuance and sale of the City of San José Financing Authority Taxable Lease Revenue Bonds, Series 2022A (Convention Center Refunding Project) (2022A Bonds) in the not-to-exceed principal amount of $175,000,000 to refinance certain public capital improvements of the City, consisting of the expansion and renovation of the San José McEnery Convention Center, approve in substantially final form the City of San José Page 16 March 29, 2022
Official Statement, Bond Purchase Agreement, Continuing Disclosure Certificate, Lease Agreement, Site Lease Agreement and Pledge Agreement, and authorize the City Manager and other Authorized Officers, to execute and deliver these documents and any other related documents as necessary in connection with the issuance and sale of the 2022A Bonds. (2) Adopt a resolution to authorize the City Attorney to negotiate and execute an agreement with Jones Hall, a Professional Law Corporation, for bond and disclosure counsel services in connection with the City of San José Financing Authority Taxable Lease Revenue Bond, Series 2022A (Convention Center Refunding Project) (2022A Bonds) for a term retroactive to November 3, 2021 through December 31, 2022 in an amount not to exceed $350,000 contingent on the issuance and sale of the 2022A Bonds. (b) City of San José Financing Authority Board adopt a resolution to authorize the issuance and sale of the City of San José Financing Authority Taxable Lease Revenue Bonds, Series 2022A (Convention Center Refunding Project) (2022A Bonds) in the not-to-exceed principal amount of $175,000,000 to refinance certain public capital improvements of the City, consisting of the expansion and renovation of the San José McEnery Convention Center, approve in substantially final form the Official Statement, Indenture of Trust, Bond Purchase Agreement, Continuing Disclosure Certificate, Lease Agreement, Site Lease Agreement, and Pledge Agreement, and authorize the Executive Director and other Authorized Officers, to execute and deliver these documents and any other related documents as necessary in connection with the issuance and sale of the 2022A Bonds. UNDER BOTH THE DEBT MANAGEMENT POLICY AND SAN JOSE MUNICIPAL CODE SECTION 4.34.200, APPROVAL OF THE ISSUANCE
OF THE LEASE REVENUE BONDS REQUIRES A TWO-THIRDS VOTE BY THE CITY COUNCIL (8 VOTES). CEQA: Not a Project, File No. PP17-004, Government Funding Mechanism, or Fiscal activity with no commitment to a specific project which may result in a potentially significant physical impact on the environment. (Finance)
Director of Finance, Julia Cooper and Deputy Director of Finance, Debt & Treasury Management, Nikolai Sklaroff provided the presentation and responded to questions.
Public Comments: Blair Beekman and Call-In User_1 offered public comments.
Action: Upon motion by Councilmember Matt Mahan, seconded by Councilmember Maya Esparza, and carried unanimously, (2)(a)(1) Resolution No. 80442; (2)(a)(2) Resolution No 80443; and City of San José Financing Authority Board Resolution No. SJFA156 were adopted. (10-0-1. Absent:
Carrasco.)
City of San José Page 17 March 29, 2022
SAN JOSÉ CITY COUNCIL CLOSED SESSION
MARCH 29, 2022
The Council of the City of San José convened into Closed Session at 9:30 a.m.
This meeting was teleconferenced from remote locations.
Present: Councilmembers - Arenas, Carrasco, Cohen, Davis, Esparza, Foley, Jimenez, Jones, Mahan, Peralez.
Absent: Councilmembers - Liccardo.
Closed Session Item(s) discussed:
A. CONFERENCE WITH LEGAL COUNSEL – RESPONSE TO CONFIDENTIAL FINAL DRAFT AUDIT REPORT:
Pursuant to Section 54956.75 of the Government Code:
Number of matter(s) to be discussed: 1
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION:
Initiation of litigation pursuant to Section 54956.9(d)(4) of the Government Code:
Number of matter(s) to be discussed: 1
C. PUBLIC EMPLOYMENT/ PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957:
Department or Agency: IT
Title: Chief Information Officer
D. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
City Negotiator: Jennifer Schembri, Director of Employee Relations Employee Organizations:
1. Organization or Name
and Title of
Unrepresented
Employees:
Municipal Employees’ Federation, AFSCME Local 101,
AFL-CIO (MEF)
Nature of negotiations: wages/salaries, hours, working conditions, etc.
City of San José Page 18 March 29, 2022
Name of Existing
Contract or MOA:
Memorandum of Agreement – City of San José and
Municipal Employees’ Federation, AFSCME Local 101, AFL-
CIO (MEF)
How to Obtain a copy of
Existing Contract or
MOA:
Web: http://www.sanjoseca.gov/index.aspx?NID=508
By unanimous consent, Council recessed from the Closed Session to reconvene in Regular Open Session at 1:30 p.m. in the Council Chamber.