Cities Index.
Resolution

San Jose City Council
December 3, 2024

Document
Resolution
Meeting
December 3, 2024
Body
San Jose City Council
Original file
215 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

NVF:DEY:AHT
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T-46508.001 / 2163528 1
Council Agenda: 12/3/2024
Item No.: 8.2(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

RESOLUTION NO. ______________

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE (1) RATIFYING THE CITY MANAGER’S

AUTHORIZATION TO EXECUTE A COLLABORATIVE USE

AGREEMENT WITH THE SANTA CLARA VALLEY WATER

DISTRICT ALLOWING FOR AN EMERGENCY INTERIM
SHELTER/HOUSING COMMUNITY ON THE DISTRICT’S
CHERRY AVENUE PROPERTY; (2) AUTHORIZING THE

CITY MANAGER, OR HER DESIGNEE, TO NEGOTIATE

AND EXECUTE ALL RELATED NECESSARY
AGREEMENTS: (I) SUPPORTING THE STATE OF

CALIFORNIA AND SANTA CLARA VALLEY WATER

DISTRICT IN THEIR EFFORTS TO FUND PORTIONS OF

THE PROJECT AND TO IMPLEMENT THE

REQUIREMENTS OF THE COLLABORATIVE USE
AGREEMENT; AND (II) EXERCISING ANY OPTION

PERIOD(S), AMENDMENTS OR AGREEMENTS TO

EXTEND THE TERM OF THE COLLABORATIVE USE

AGREEMENT UNDER SUBSTANTIALLY SIMILAR
TERMS; (3) DETERMINING THE CITY MAY AWARD A

PROJECT DELIVERY AGREEMENT TO DIGNITYMOVES

TO DELIVER THE EMERGENCY INTERIM HOUSING

PROJECT AT CHERRY AVENUE WITHOUT A
COMPETITIVE PROCUREMENT UNDER THE “IDLE ACT”
EXCEPTION IN SECTION 1217(I)(6) OF THE CITY OF SAN
JOSÉ CHARTER; (4) AUTHORIZING THE DIRECTOR OF

PUBLIC WORKS TO NEGOTIATE, AWARD AND

EXECUTE A PROJECT DELIVERY AGREEMENT AT A

MAXIMUM GUARANTEED AMOUNT NOT TO EXCEED
$15,000,000 FOR THE DEVELOPMENT OF AN

EMERGENCY INTERIM HOUSING PROJECT AT CHERRY

AVENUE WITH DIGNITYMOVES, IN ACCORDANCE WITH

THE REQUIREMENTS OF THE STAFF MEMORANDUM
AND SUBJECT TO THE APPROPRIATION OF FUNDS;
AND (5) AUTHORIZING THE DIRECTOR OF PUBLIC

WORKS TO APPROVE A TEN PERCENT CONTINGENCY

FOR THE PROJECT

WHEREAS, the City of San José (“City”) is committed to addressing unsheltered homelessness through the development of interim supportive housing solutions; and

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Council Agenda: 12/3/2024
Item No.: 8.2(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

WHEREAS, the Santa Clara Valley Water District (“Valley Water”) has identified property on Cherry Avenue as a suitable site for an emergency interim housing community under the Governor’s State Small Home Initiative; and

WHEREAS, the City has partnered with DignityMoves, a philanthropic organization, to expedite the development of emergency interim housing at the Cherry Avenue site; and

WHEREAS, the City seeks to ensure efficient project delivery and leverage State funding and philanthropic contributions to provide safe and supportive emergency interim housing for unsheltered individuals; and

WHEREAS, the City recognizes the philanthropic contributions and fundraising efforts by DignityMoves and authorizes the City Manager and Director of Public Works to coordinate efforts to complete design and develop a new emergency interim housing facility at Valley Water’s Cherry Avenue site;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:

1. The City Council hereby ratifies the City Manager’s authorization to execute a Collaborative Use Agreement with the Santa Clara Valley Water District allowing for an emergency interim shelter/housing community on the District’s Cherry Avenue property.

2. The City Manager or her designee is hereby authorized to negotiate and execute all related necessary agreements:
i. Supporting the State of California and Santa Clara Valley Water District in their efforts to fund portions of the project and to implement the requirements of the Collaborative Use Agreement; and
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Council Agenda: 12/3/2024
Item No.: 8.2(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
ii. Exercising any option period(s), amendments or agreements to extend the term of the Collaborative Use Agreement under substantially similar terms;

3. The City Council hereby makes the following findings of fact based on the memorandum from Director of Public Works Matt Loesch, Housing Director Erik L. Soliván, and Budget Director Jim Shannon for the December 3, 2024 City Council meeting (“Memorandum”):
a. DignityMoves has already secured over $2,400,000 in donations and fee discounts, which represents 18% of the current estimated construction costs.
b. DignityMoves will continue to fundraise to cover at least 20% of the total construction cost.

Based on the above facts, the City Council determines that publicly soliciting bids for construction of the project would likely not lead to the City obtaining a lower price for delivering the project and is unlikely to provide any significant value or benefit to the City. Accordingly, the City Council concludes the City may award a Project Delivery Agreement to DignityMoves to deliver the Emergency Interim Housing project at Cherry Avenue without a competitive procurement under the “idle act” exception in Section 1217(i)(6) of the City of San José Charter.

4. The Director of Public Works is authorized to negotiate, award, and execute a Project Delivery Agreement at a maximum guaranteed amount not to exceed $15,000,000 for the development of an Emergency Interim Housing project at Cherry Avenue with DignityMoves, in accordance with the requirements of the Memorandum and subject to the appropriation of funds.

5. The Director of Public Works is authorized to approve a ten percent (10%) contingency for the project.

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Council Agenda: 12/3/2024
Item No.: 8.2(a)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

ADOPTED this _____ day of ___________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

MATT MAHAN
Mayor
ATTEST:

TONI J. TABER, MMC
City Clerk

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