9:30 a.m. ‑ Closed Session, Call to Order in Council Chambers

Open Session, Labor Negotiations Update (See Item 3.2)

Adjourn to Closed Session in Council Chambers Conference Room, W133

See Separate Agenda

1:30 p.m. ‑ Regular Session, Council Chambers, City Hall

6:00 p.m. - Evening Session, Council Chambers, City Hall – Cancelled

*The previously scheduled Evening Session has been cancelled.

Approval of City Council Minutes.

Recommendation:    

(a) Regular City Council Meeting Minutes of January 11, 2022;

(b) Regular City Council Meeting Minutes of February 1, 2022;

(c) Regular City Council Meeting Minutes of June 28, 2022;

(d) Regular City Council Meeting Minutes of August 16, 2022; and

(e) Regular City Council Meeting Minutes of November 8, 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.

Approval of Council Committee Minutes.

Recommendation:    

(a) Regular Community and Economic Development Committee Minutes of February 26, 2024.

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 Manager’s Travel to Los Angeles, California.

Recommendation:    

Authorize travel for City Manager Jennifer Maguire to Los Angeles, California on April 23 - 26, 2024, to participate in the San José Chamber of Commerce Annual Study Mission.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative Activities resulting in no changes to the physical environment. (City Manager)

Termination of the Proclamation of the Existence of a Local Emergency Due to Storms.

Recommendation:    

Adopt a resolution terminating the Director of Emergency Services’ February 3, 2024, Proclamation of the Existence of a Local Emergency for the public safety threat of high water flows and flooding due to the extreme storms in January and February, 2024.

CEQA: Statutory Exempt, Section 15269(c), Emergency Projects undertaken for specific actions necessary to prevent or mitigate an emergency. (City Manager)

State Cannabis Equity Grant Award.

Recommendation:    

(a) Adopt a resolution authorizing the City Manager or her designee to negotiate and execute a grant agreement with the State of California Governor’s Office of Business and Economic Development to receive $1,026,820 from the Cannabis Equity Grants for Local Jurisdictions, including any extensions or amendments thereof and any subsequent grant agreement with the Governor’s Office of Business and Economic Development in relation thereto, to implement a new phase of the City’s Cannabis Equity Program from April 1, 2024 through April 1, 2026. 

(b) Adopt the following 2023-2024 Funding Sources Resolution and Appropriation Ordinance amendments in the General Fund:

 (1) Increase the estimate for Revenue from the State of California by $256,705; and

 (2) Increase the Cannabis Equity Assistance Program City-Wide Expenses appropriation to the Office of Economic Development and Cultural Affairs by $256,705.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Economic Development and Cultural Affairs/City Manager)

California Energy Commission Grant Application for Government Fleet Charging Infrastructure.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee, to file an application with the California Energy Commission for its Charging Infrastructure for Government Fleets grant; and if awarded, negotiate and execute a grant agreement and related documents for up to $6,000,000 from the California Energy Commission and up to $3,000,000 in City matching funds for a total project cost of up to $9,000,000 to install 100 electric vehicle charging ports for the City of San José fleet, commencing upon the date of the California Energy Commission’s approval of award and the parties’ mutual execution of the approved agreement, with all work to be scheduled for completion by no later than June 30, 2028.

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. (Energy/Public Works)

California Energy Commission Grant Application for Flexible Residential Transportation Electrification Connections for a Vehicle-to-Home Bi-directional Charging Pilot.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee, to file an application with the California Energy Commission for its Grid-Supportive Transportation Electrification grant; and if awarded, negotiate and execute a grant agreement and related documents for up to $2,500,000 from the California Energy Commission and up to $625,000 in City matching funds for a total pilot program cost of up to $3,125,000 to install 100 bi-directional residential electric vehicle chargers and pilot their use over a three year period, commencing upon the date of the California Energy Commission’s approval of award and the parties’ mutual execution of the approved agreement, with the pilot to end by no later than December 31, 2027.

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; and File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Energy)

Actions Related to a Purchase Order with Six Degrees, Inc. for Check Point Equipment, Software, Support, Maintenance, and Related Services.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to:

(a) Negotiate and execute a purchase order with Six Degrees, Inc. (dba Six Degrees Consulting, Evanston, Illinois) for Check Point equipment, software, support, maintenance, and related services for a maximum compensation of $457,101 for the initial term, beginning on or about March 25, 2024 and ending March 25, 2025, or as otherwise adjusted to align with the software subscription renewal term;

(b) Negotiate and execute amendments as required for any unanticipated changes to the purchase orders with Six Degrees, Inc. (dba Six Degrees Consulting) not to exceed a total amount of $594,231, subject to the appropriation of funds; and

(c) Exercise up to six additional one-year options to extend the term through March 25, 2031, or as may be adjusted to align with the software subscription renewal term, subject to the 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)

Actions Related to the Regional Memorandum of Understanding to Apply for the Homeless Housing, Assistance, and Prevention 5 Program Application.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to:

(a) Negotiate, execute, amend, and terminate the required Regional Memorandum of Understanding committing each signatory to participate in, and to comply with, the Regionally Coordinated Homelessness Action Plan as part of the State of California’s Homeless Housing, Assistance, and Prevention 5 program; and

(b) Apply to the State of California's Homeless Housing, Assistance, and Prevention 5 program as a region for a one-time award in the amount of $28,866,312.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing)

Amendment to the Master Consultant Agreement with LPA, Inc., for Architectural, Landscape Architectural, Environmental, Planning, and Engineering Services.

Recommendation:    

Adopt a resolution authorizing the City Manager or her designee to negotiate and execute an amendment to the Master Consultant Agreement with LPA, Inc., that extends the contract termination date from April 30, 2024 to April 30, 2026, to complete active and funded projects at no additional cost to City.

CEQA: Not a Project, File No. PP17-002, Consultant services for design, study, inspection, or other professional services with no commitment to future action. Council District 3. (Parks, Recreation, and Neighborhood Services)

Envision San José 2040 General Plan 2023 Annual Performance Review Report.

Recommendation:    

Accept the Envision San José 2040 General Plan 2023 Annual Performance Review report.

CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Planning, Building and Code Enforcement)

Action Related to the 8721 – FEMA San José Family Camp Project.

Recommendation:    

(a) Adopt a resolution adopting the 8721- FEMA San José Family Camp Project Initial Study/Mitigated Negative Declaration (PP19-050) and related Mitigation Monitoring and Reporting Program, for which an Initial Study was prepared, in compliance with the California Environmental Quality Act.  

(b) Approve the design for the 8721- FEMA San José Family Camp Project.

(c) Adopt a resolution authorizing the City Manager and or her designee to:

 (1) Negotiate and execute a third amendment to the standard consultant agreement with Haley & Aldrich, Inc. (formerly Cal Engineering & Geology, Inc.) for the 8721-FEMA-San José Family Camp Project, increasing the amount of compensation by $306,778, for a total amount not to exceed $1,000,000, and extending the term of the agreement from December 31, 2024, to December 31, 2027; and

 (2) Negotiate and execute future amendments to the standard consultant agreement with Haley & Aldrich, Inc. as needed to ensure the timely construction and completion of the project for maximum total compensation up to $1.25 million and for term extensions up to December 31, 2029, subject to appropriation of funds.

CEQA: Initial Study/Mitigated Negative Declaration (IS/MND) for San José Family Camp Storm Damage Repair Project (PP19-050). (Public Works/Parks, Recreation and Neighborhood Services)

Citywide Project Labor Agreement.

Recommendation:    

Approve Amendment Number 1 to the First Amended and Restated Citywide Project Labor Agreement to extend the term for a period of five years through March 28, 2029, and to provide for additional five-year extensions to the agreement, subject to any potential future amendments that the parties may agree to at any time prior to the expiration of each five-year extension term.

CEQA: Not a Project, File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Public Works)

Status Report on the November 2018 Ballot Measure T – The Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond.

Recommendation:    

Accept the status report on the work plan and implementation updates for projects included in the approved 2018 Measure T – The Disaster Preparedness, Public Safety, and Infrastructure General Obligation Bond.

CEQA: Not a Project, File No. PP17-009, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Public Works)

Approval of Great American Litter Pick-Up as a City Council Sponsored Special Event, to Expend City Funds and Authorization to Accept Donations of Materials and Services for the Event.

Recommendation:    

As recommended by the Rules and Open Government Committee on March 20, 2024:

(a) Approve the Great American Litter Pick-up scheduled on April 20, 2024 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. (City Clerk)

[Rules Committee referral 3/20/2024 - Item B.3]

Retroactive Approval of LEAF Town Hall and Pizza & Policy Sponsored by Council District 3 as City Council Sponsored Special Events to Expend City Funds and Accept Donations of Materials and Services for the Events.

Recommendation:    

As recommended by the Rules and Open Government Committee on March 20, 2024:

(a) Retroactively approve the Latino Education Advancement Foundation (LEAF) Town Hall scheduled on February 22, 2024 and the Pizza & Policy scheduled on February 29, 2024 as City Council sponsored Special Events and approve the expenditure of funds; and

(b) Approve and accept donations from various individuals, businesses, or community groups to support the events.

CEQA: Not a Project, File No. PP17-011, Temporary Special Events resulting in no changes to the physical environment. (Torres)

[Rules Committee referral 3/20/2024 - Item B.4]

Retroactive Approval of Water Education for Latino Leaders Conference Reception Sponsored by Council District 2 as a City Council Sponsored Special Event to Expend City Funds and Accept Donations of Materials and Services for the Event.

Recommendation:    

As recommended by the Rules and Open Government Committee on March 20, 2024:

(a) Retroactively approve the Water Education for Latino Leaders Conference Reception, scheduled on March 15, 2024 at San José City Hall Rotunda as a City Council sponsored Special Event and approve the expenditure of District 2 office budget funds for event costs and facility rental fees; 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. (Jimenez)

[Rules Committee referral 3/20/2024 - Item B.5]

Status of Open Audit Recommendations.

Recommendation:    

Accept the status of the Open Audit recommendations as of December 31, 2023.

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)

Actions Related to the Application for United States Environmental Protection Agency Climate Pollution Reduction Grants Programs.

Recommendation:    

(a) Adopt a resolution authorizing the City Manager or her designee to:

 (1) Execute a Letter of Intent to the City of Sunnyvale, as coalition lead agency applicant, stating the City of San José’s intent to execute a Memorandum of Agreement, as a coalition partner, with the City of Sunnyvale and other coalition partners necessary to apply for and secure grant funds in an amount estimated to be a minimum of $2 million from the United States Environmental Protection Agency’s Climate Pollution Reduction Grants program; and

 (2) Negotiate and execute a Memorandum of Agreement on behalf of the City of San José, as a coalition partner, with the City of Sunnyvale and other coalition partners, for the purpose of securing grant funds in an amount estimated to be a minimum of $2 million from the United States Environmental Protection Agency’s Climate Pollution Reduction Grants program.

(b) Adopt a resolution authorizing the City Manager or her designee to:

 (1) Apply as a Coalition Partner Agency for funds from the United States Environmental Protection Agency’s Climate Pollution Reduction Grants program in the amount estimated to be a minimum of $14 million;

 (2) Execute a Letter of Intent stating the City of San José’s intent to execute a Memorandum of Agreement to apply for and secure grant funds from the United States Environmental Protection Agency’s Climate Pollution Reduction Grants program for an amount estimated to be a minimum of $14 million for microgrid systems at six critical facilities;

 (3) Negotiate and execute a Memorandum of Agreement as a Partner Agency for the purpose of securing grant funds from the United States Environmental Protection Agency’s Climate Pollution Reduction Grants program; and

(4) Negotiate and execute any documents necessary to accept and effectuate the grants.

CEQA: Not a Project, File No. PP17-006, Grant Application with no commitment or obligation to enter into agreement at the time of application and File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Environmental Services/Energy/Public Works)

Shenzhen, China Sister City Affiliation. – DROP

Recommendation:    

Adopt a resolution to:

 (a) Establish a Sister City Affiliation with the Shenzhen, China Municipal Government; and

 (b) Authorize the Mayor to negotiate and execute the Sister City agreement with the Shenzhen, China Municipal Government that will identify possible economic and cultural areas of collaboration for the Sister City affiliation.

CEQA: Not a Project, File No. PP17-010, City Organizational and Administrative activities resulting in no changes to the physical environment. (Economic Development and Cultural Affairs)

[Rules Committee referral 2/21/2024 - Item C.2]

[Deferred from 3/5/2024 – Item 3.7]

DROP

Anti-Displacement Tenant Preference and Neighborhood Tenant Preference for Affordable Housing Draft Programs Status Report. – TO BE HEARD AT 3:00 P.M.

Recommendation:    

As recommended by the Community and Economic Development Committee on February 26, 2024:

(a) Accept the Anti-Displacement Tenant Preference and Neighborhood Tenant Preference for Affordable Housing Programs Status Report.

(b) Adopt a resolution establishing an Anti-Displacement Tenant Preference Program in City restricted affordable housing properties for lower-income applicants of affordable housing at risk of displacement living in high-displacement census tracts and in their neighborhood City Council Districts.

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)

[Community and Economic Development Committee referral 2/26/2024 – Item (d)2]

TO BE HEARD AT 3:00 P.M.

Actions Related to Loan Commitments and Land Purchases for Kooser Apartments Located at 1371 Kooser Road and 525 North Capitol Avenue for the Development of Two New Affordable Rental Housing Developments.

Recommendation:    

(a) Adopt a resolution:

 (1) Approving a combined Construction-Permanent Loan commitment of up to $39,551,066 and a combined land acquisition loan or acquisition funding commitment of up to $16,200,000 in Low- and Moderate-Income Housing Asset Funds, Measure E Funds and Inclusionary Fee Funds, or such other special funds as the City may designate to the following developments:  

  (i) Affirmed Housing Group or an affiliated development entity for the Kooser Apartments, located at 1371 Kooser Road, which is being developed to provide 189 affordable rent-restricted apartments, and two unrestricted manager’s homes.  

   (a) A total Construction-Permanent loan commitment of up to $19,551,066 with $5,912,450 in Low- and Moderate-Income Housing Asset Funds and $13,638,616 in Inclusionary Fee Funds; and

   (b) A land acquisition loan or acquisition funding commitment of up to $9,700,000 in Inclusionary Fee Funds.

  (ii) Community Development Partners or an affiliated development entity for the 525 North Capitol affordable housing development located at 525 North Capitol Avenue, which is being developed to provide 158 affordable rent-restricted apartments, and two unrestricted manager’s homes.  

   (a) A total Construction-Permanent loan commitment of up to $20,000,000 with $14,920,000 in Measure E Funds and $5,080,000 in Inclusionary Fee Funds; and

   (b) A land acquisition loan or acquisition funding commitment of up to $6,500,000 in Inclusionary Fee Funds.

  (2) Authorizing a loan-to-value ratio of greater than 100% for the developments;  

  (3) Authorizing the Director of Housing, the Acting Director of Housing, or their designee to acquire 1371 Kooser Road from Affirmed Housing Group for a price not to exceed $9,700,000 at the time of transfer, to accept the grant deed, and to enter into a long-term ground lease of the site to the developer for the development;  

 (4) Authorizing the Director of Housing, the Acting Director of Housing, or their designee to acquire 525 North Capitol from Community Development Partners for a price not to exceed $6,500,000 at the time of transfer, to accept the grant deed, and to enter into a long-term ground lease of the site to the Community Development Partners or an affiliated development entity for the development;  

  (5) Authorizing the Director of Housing, the Acting Director of Housing, or their designee to negotiate and execute documents and document amendments related to the acquisition and development of the sites, the ground leasing of the sites and any riders to the ground leases required by government entities;  

  (6) Authorizing the loan terms to allow an increase in the rents and income restrictions up to 60% of Area Median Income for new tenants in Project-Based Voucher subsidized apartments in the event of expiration or termination of Project-Based Vouchers and for all tenants in the event of foreclosure, to the extent the City has determined such increase is needed for the feasibility of the above developments and allowed by other funds;  

  (7) Authorizing the Director of Housing, the Acting Director of Housing, or their designee to negotiate and execute loan documents and all other documents, including any amendments thereto, related to City financing for the developments; and

  (8) Making a determination that, consistent with Government Code Section 37364, after acquisition, the sites are to be leased by the City to the respective developers without first offering the site to the public for any other use, since the sites will be restricted so as to provide housing affordable to persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code or as defined by the United States Department of Housing and Urban Development or its successors, and that this use is in the City’s best interests. 

(b) Adopt the following Fiscal Year 2023-2024 Appropriation Ordinance amendments in the General Fund: 

 (1) Decrease the Measure E – 40% Extremely Low-Income Households Reserve by $1,670,000;

 (2) Decrease the Measure E – 30% Low-Income Households Reserve by $13,250,000; 

 (3) Increase the Measure E – 40% Extremely Low-Income Households appropriation to the Housing;     

(4) Department by $1,670,000; and

 (5) Increase the Measure E – 30% Low-Income Households appropriation to the Housing Department by $13,250,000.

(c) Adopt the following Fiscal Year 2023-2024 Appropriation Ordinance amendments in the Low- and Moderate-Income Housing Asset Fund: 

 (1) Decrease the Housing Project Reserve appropriation by $5,912,450; and 

 (2) Increase the Committed Projects Reserve appropriation to the Housing Department by $5,912,450.

CEQA: Exempt per Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15369, Ministerial Project pursuant to Government Code Section 65913.4, File No. ER20-109.  Council Districts 5 and 9. (Housing/City Manager)

Actions Related to Grant Agreements for a Targeted Outreach and Engagement Program Serving Unsheltered Individuals in San José. – TO BE HEARD AFTER ITEM 8.2

Recommendation:    

Adopt a resolution authorizing the Director of Housing, the Acting Director of Housing, or their designee to negotiate and execute the following targeted outreach and engagement program grant agreements serving unsheltered individuals and households beginning in Fiscal Year 2023-2024 with up to three one-year options to extend, subject to the appropriation of funds and termination for convenience:

(a) PATH for the Targeted Outreach and Engagement Program in the amount of $4,428,303 from April 1, 2024 to June 30, 2025; and

(b) HomeFirst of Santa Clara County for the Targeted Outreach and Engagement Program in the amount of $4,234,887 from April 1, 2024 to June 30, 2025.

CEQA: Not a Project, File No. PP17-009, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Housing)

TO BE HEARD AFTER ITEM 8.2

Support for the Federal Fiscal Year 2025 Moving to Work Annual Plan. – TO BE HEARD IMMEDIATELY AFTER CONSENT

Recommendation:    

The Board of Commissioners of the City of San José Housing Authority adopts a resolution authorizing the:

(a) City of San José Housing Authority Board’s Executive Director to submit a letter to the Santa Clara County Housing Authority Board to support the federal Fiscal Year 2025 Moving to Work Annual Plan; and

(b) Executive Director of the Santa Clara County Housing Authority Board and the Chair of the Santa Clara County Housing Authority Board of Commissioners to execute documents required in connection with the federal Fiscal Year 2025 Moving to Work Annual Plan submittal in the name of the City of San José Housing Authority.

CEQA: Not a Project, File No. PP17-0094, Staff Reports, Assessments, Annual Reports, and Informational Memos that involve no approvals of any City action. (Housing)

TO BE HEARD IMMEDIATELY AFTER CONSENT