City Council

City Council Meeting Agenda 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 The City of San José is committed to open and honest government and strives to consistently meet the community’s expectations by providing excellent service, in a positive and timely manner, and in the full view of the public. Welcome to the San José City Council meeting! This Agenda contains both a Consent Calendar section for routine business items that require Council approval, and general business items arranged to correspond with San José’s City Service Areas (CSAs). City Service Areas represent the policy-making level for strategic planning, policy setting, and investment decisions in the critical functions the City provides to the community. They are: • Strategic Support - The internal functions that enable the CSAs to provide direct services to the community in an effective and efficient manner. • Public Safety - Commitment to excellence in public safety by investing in neighborhood partnerships as well as prevention, enforcement, and emergency preparedness services. • Transportation & Aviation Services - A safe and efficient transportation system that contributes to the livability and economic health of the City; and provide for the air transportation needs of the community and the region at levels that is acceptable to the community. • Environmental and Utility Services - Manage environmental services and utility systems to ensure a sustainable environment for the community. • Neighborhood Services - Serve, foster, and strengthen community by providing access to lifelong learning and opportunities to enjoy life. • Community & Economic Development - Manage the growth and change of the community in order to create and preserve healthy neighborhoods and ensure a diverse range of employment and housing opportunities. You may speak to the City Council about any discussion item that is on the agenda, and you may also speak during Open Forum on items that are not on the agenda and are within the subject matter jurisdiction of the City Council or Successor Agency to the Redevelopment Agency Board. If you wish to speak to the City Council, please refer to the following guidelines: o Fill out a Yellow Speaker’s Card and submit it to the City Clerk seated at the front table. Do this before the meeting or before the item is heard. This will ensure that the name on the card is called for the item(s) that you wish to address, and it will help ensure the meeting runs smoothly for all participants by calling speakers in an orderly manner. o When the Council reaches your item on the agenda, the Mayor will open the public hearing and call your name. Please address the Council from the podium, which is located to the left of the City Clerk’s table. o Each speaker generally has two minutes to speak per item. The total amount of time allocated for public testimony for each public speakers or for an agenda item may be limited at the Mayor’s discretion, depending on the number of speakers or the length of the agenda. (California Government Code Section 54954.3; Council Policy 0-37) o To assist you in tracking your speaking time, there is a display on the podium. The green light turns on when you begin speaking; the yellow light turns on when you have 30 seconds left; and the red light turns on when your speaking time is up. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during Open Forum. According to State Law (the Brown Act) items must first be noticed on the agenda before any discussion or action. The San José City Council meets every Tuesday at 1:30 p.m. and Tuesday at 6 p.m. as needed, unless otherwise noted. The City Council, or less than a quorum, may adjourn any regular, special or adjourned meeting to a later date, time and place specified in the order of adjournment. If all members are absent, the City Clerk may declare the meeting adjourned to a stated date, time and place. If you have any questions, please direct them to the City Clerk’s staff seated at the tables just below the dais. Thank you for taking the time to attend today’s meeting. We look forward to seeing you at future meetings. Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://www.sanjose.legistar.com/Calendar.aspx. Council Meetings are televised live and rebroadcast on Channel 26. All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at San José City Hall, 200 E. Santa Clara Street, Tower 14th Floor, San José, CA 95113 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. Please go to the Clerk’s Records Database https://records.sanjoseca.gov/Pages/Search.aspx for the final document, or you many also contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanjoseca.gov. American Disability Act: To request an alternative format agenda under the Americans with Disabilities Act for City-sponsored meetings, events or printer materials, please call (408) 535-1260 as soon as possible, but at least three business days before the meeting. Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at ADA@sanjoseca.gov or by calling (408) 535-8430. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. On occasion the City Council may consider agenda items out of order. City Council Agenda 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. How to observe the Meeting (no public comment): 1) Cable Channel 26, 2) https://www.sanjoseca.gov/news-stories/watch-a-meeting, or 3) https://www.youtube.com/CityofSanJoseCalifornia How to submit written Public Comment before the City Council Meeting: 1) Use the eComment tab located on the City Council Agenda page. eComments are also directly sent to the ilegislate application used by City Council and staff. 2) By email to city.clerk@sanjoseca.gov by 10:00 a.m. the day of the meeting. Those emails will be attached to the Council Item under “Letters from the Public.” Please identify the Agenda Item Number in the subject line of your email. How to submit written Public Comment during the City Council Meeting: 1) Email during the meeting to councilmeeting@sanjoseca.gov, identifying the Agenda Item Number in the email subject line. Comments received will be included as a part of the meeting record but will not be read aloud during the meeting. How to provide spoken Public Comment during the City Council Meeting: 1) By Phone: (888) 475 4499. Webinar ID is 993 4684 3938. Click *9 to raise a hand to speak. Click *6 to unmute when called. Alternative phone numbers are: US: +1 (213) 338-8477 or +1 (408) 638-0968 or (877) 853-5257 (Toll Free) 2) Online at: https://sanjoseca.zoom.us/j/99346843938 a. Use a current, up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers including Internet Explorer. Mute all other audio before speaking. Using multiple devices can cause an audio feedback. b. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. c. When the Mayor calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. d. When called, please limit your remarks to the time limit allotted. • Call to Order and Roll Call City of San José Page 4 Printed on 3/29/2022 City Council Agenda March 29, 2022 9:30 a.m.- Closed Session 22-392 Closed Session Agenda Attachments Closed Session Agenda 1:30 p.m.- Regular Session 6:00 p.m.- Evening Session • Pledge of Allegiance • Invocation (District 3) Gabriel Medina, Chavez Family Vision, Inc. • Orders of the Day To be heard after Ceremonial Items Items recommended to be added, dropped, or deferred are usually approved under Orders of the Day unless the Council directs otherwise. • Closed Session Report To be heard after Ceremonial Items 1. CEREMONIAL ITEMS 1.1 Presentation of a proclamation declaring National Social Workers Month. (Carrasco) 1.2 Presentation of a proclamation recognizing Multiple Sclerosis Awareness Month. (Foley) 1.3 Presentation of a proclamation recognizing March 29, 2022 as National Vietnam War Veterans Day. (Esparza) 2. CONSENT CALENDAR Notice to the public: There will be no separate discussion of Consent Calendar items as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item may be removed from the Consent Calendar and considered separately. City of San José Page 5 Printed on 3/29/2022 City Council Agenda March 29, 2022 2.1 Approval of City Council Minutes. 2.2 Final Adoption of Ordinances. 2.3 Approval of Council Committee Minutes. 22-436 Approval of Council Committee Minutes. Recommendation: (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. Attachments (a) 3/2/2022 ROGC Minutes (b) 3/9/2022 ROGC Minutes 2.4 Mayor and Council Excused Absence Requests. 22-462 Mayor and Council Excused Absence Requests. Recommendation: 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] Attachments Memorandum 2.5 City Council Travel Reports. 2.6 Report from the Council Liaison to the Retirement Boards. City of San José Page 6 Printed on 3/29/2022 City Council Agenda March 29, 2022 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. Recommendation: 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) Attachments Memorandum Resolution 2.8 22-394 Amendment to the Agreement with Witt O’Brien’s LLC for COVID-19 Consulting Support. Recommendation: 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) Attachments Memorandum City of San José Page 7 Printed on 3/29/2022 City Council Agenda March 29, 2022 2.9 22-395 City Roadmap - Budgeting, Accountability and Performance: Amendment to the Agreement with Ernst & Young, LLP for COVID-19 Consulting Support. Recommendation: 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) Attachments Memorandum 2.10 22-396 Amendment to the Agreement with The Active Network, LLC for the Purchase of a Fully Hosted Registration and Parks System. Recommendation: 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 one-year 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) Attachments Memorandum 2.11 22-397 Lease Extension with Santa Clara Valley Transportation Authority for the Mabury Bridge Housing Community. Recommendation: 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) Attachments Memorandum City of San José Page 8 Printed on 3/29/2022 City Council Agenda March 29, 2022 2.12 22-398 Agreement with People Assisting the Homeless for the Downtown Crisis Response Program. Recommendation: 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) Attachments Memorandum Memorandum from Peralez, 3/25/2022 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. Recommendation: 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] Attachments Memorandum City of San José Page 9 Printed on 3/29/2022 City Council Agenda March 29, 2022 2.14 22-449 Boards and Commissions Appointment. Recommendation: 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] Attachments Memorandum Conflicts of Interest Memorandum Application Letter from the Public 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. Recommendation: 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] Attachments Memorandum City of San José Page 10 Printed on 3/29/2022 City Council Agenda March 29, 2022 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. City of San José Page 11 Printed on 3/29/2022 City Council Agenda March 29, 2022 Recommendation: 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 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 City of San José Page 12 Printed on 3/29/2022 City Council Agenda March 29, 2022 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] Attachments Memorandum 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. Recommendation: 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] Attachments Memorandum 3. STRATEGIC SUPPORT 3.1 Report of the City Manager, Jennifer Maguire (Verbal Report) 3.2 Labor Negotiations Update. Accept Labor Negotiations Update. TO BE HEARD AT 9:30 A.M. City of San José Page 13 Printed on 3/29/2022 City Council Agenda March 29, 2022 3.3 22-399 Semi-Annual Open Audit Recommendations. Recommendation: 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) Attachments Memorandum Presentation - est. 10 minutes 3.4 22-400 Spring Intergovernmental Relations Report. Recommendation: (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 Attachments Memorandum Supplemental Memorandum, 3/28/2022 Presentation - est. 15 minutes 4. PUBLIC SAFETY SERVICES 5. TRANSPORTATION & AVIATION SERVICES 6. ENVIRONMENTAL & UTILITY SERVICES 7. NEIGHBORHOOD SERVICES 8. COMMUNITY & ECONOMIC DEVELOPMENT City of San José Page 14 Printed on 3/29/2022 City Council Agenda March 29, 2022 8.1 22-401 Actions Related to Increasing Equitable Representation on the Housing and Community Development Commission. - DEFERRED Recommendation: (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 Attachments Ordinance City of San José Page 15 Printed on 3/29/2022 City Council Agenda March 29, 2022 8.2 22-402 Actions Related to Implementation and Amendment of the Commercial Linkage Fee Ordinance. Recommendation: (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 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)] City of San José Page 16 Printed on 3/29/2022 City Council Agenda March 29, 2022 Attachments Memorandum Supplemental Memorandum, 3/7/2022 Supplemental Memorandum, 3/24/2022 Memorandum from Cohen, Jimenez & Carrasco, 3/4/2022 Memorandum from Liccardo, 3/8/2022 Memorandum from Davis, 3/8/2022 Memorandum from Cohen, Jimenez & Carrasco, 3/25/2022 Memorandum from Davis, 3/29/2022 Ordinance Resolution Presentation - est. 10 minutes Letters from the Public 8.3 22-405 Homelessness Annual Report. Recommendation: 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] Attachments Memorandum Presentation - est. 10 minutes 9. REDEVELOPMENT – SUCCESSOR AGENCY • Open Forum Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. • Council will recess until 6:00 p.m. 10. LAND USE City of San José Page 17 Printed on 3/29/2022 City Council Agenda March 29, 2022 Notice to the public: There will be no separate discussion of Land Use Consent Calendar (Item 10.1) as they are considered to be routine by the City Council and will be adopted by one motion. If a member of the City Council requests discussion on a particular item, that item will be removed from the Land Use Consent Calendar (Item 10.1) and considered separately. 10.1 Land Use on Consent Calendar (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). Recommendation: (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)] Attachments Memorandum (1) Resolution (2) Ordinance (3) Resolution END OF CONSENT CALENDAR 10 Land Use - Regular Agenda City of San José Page 18 Printed on 3/29/2022 City Council Agenda March 29, 2022 • Open Forum Members of the Public are invited to speak on any item that does not appear on today’s Agenda and that is within the subject matter jurisdiction of the City Council. • Adjournment City of San José Page 19 Printed on 3/29/2022 City Council Agenda March 29, 2022 JOINT CITY OF SAN JOSE CITY COUNCIL/FINANCING AUTHORITY AGENDA - TO BE HEARD AFTER ITEM 3.4 1:30 p.m. March 29, 2022 Hybrid Meeting • Call to Order and Roll Call City of San José Page 20 Printed on 3/29/2022 City Council Agenda 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. Recommendation: (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) Attachments Memorandum Agreement - Third Amended & Restated Fee Letter Agreement - Third Amendment to Credit (a) Resolution (b) Resolution City of San José Page 21 Printed on 3/29/2022 City Council Agenda March 29, 2022 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). City of San José Page 22 Printed on 3/29/2022 City Council Agenda March 29, 2022 Recommendation: (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 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 City of San José Page 23 Printed on 3/29/2022 City Council Agenda March 29, 2022 environment. (Finance) Attachments Memorandum Indenture of Trust Preliminary Official Statement Site Lease Agreement - Bond Purchase Agreement - Lease Agreement - Pledge (a) Resolution (b) Resolution Presentation - est. 15 minutes • Open Forum • Adjournment City of San José Page 24 Printed on 3/29/2022 City Council Agenda March 29, 2022 CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL CHAMBERS AND COMMITTEE ROOMS The Code of Conduct is intended to promote open meetings that welcome debate of public policy issues being discussed by the City Council, their Committees, and City Boards and Commissions in an atmosphere of fairness, courtesy, and respect for differing points of view. 1. Public Meeting Decorum: a) Persons in the audience will refrain from behavior which will disrupt the public meeting. This will include making loud noises, clapping, shouting, booing, hissing or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting. b) Persons in the audience will refrain from creating, provoking or participating in any type of disturbance involving unwelcome physical contact. c) Persons in the audience will refrain from using cellular phones and/or pagers while the meeting is in session. d) Appropriate attire, including shoes and shirts are required in the Council Chambers and Committee Rooms at all times. e) Persons in the audience will not place their feet on the seats in front of them. f) No food, drink (other than bottled water with a cap), or chewing gum will be allowed in the Council Chambers and Committee Rooms, except as otherwise pre-approved by City staff. g) All persons entering the Council Chambers and Committee Rooms, including their bags, purses, briefcases and similar belongings, may be subject to search for weapons and other dangerous materials. 2. Signs, Objects or Symbolic Material: a) Objects and symbolic materials, such as signs or banners, will be allowed in the Council Chambers and Committee Rooms, with the following restrictions: § No objects will be larger than 2 feet by 3 feet. -No sticks, posts, poles or other such items will be attached to the signs or other symbolic materials. -The items cannot create a building maintenance problem or a fire or safety hazard. b) Persons with objects and symbolic materials such as signs must remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. c) Objects that are deemed a threat to persons at the meeting or the facility infrastructure are not allowed. City staff is authorized to remove items and/or individuals from the Council Chambers and Committee Rooms if a threat exists or is perceived to exist. Prohibited items include, but are not limited to: firearms (including replicas and antiques), toy guns, explosive material, and ammunition; knives and other edged weapons; illegal drugs and drug paraphernalia; laser pointers, scissors, razors, scalpels, box cutting knives, and other cutting tools; letter openers, corkscrews, can openers with points, knitting needles, and hooks; hairspray, pepper spray, and aerosol containers; tools; glass containers; and large backpacks and suitcases that contain items unrelated to the meeting. City of San José Page 25 Printed on 3/29/2022 City Council Agenda March 29, 2022 CITY OF SAN JOSE CODE OF CONDUCT FOR PUBLIC MEETINGS IN THE COUNCIL CHAMBERS AND COMMITTEE ROOMS (CONT’D.) 3. Addressing the Council, Committee, Board or Commission: a) Persons wishing to speak on an agenda item or during open forum are requested to complete a speaker card and submit the card to the City Clerk or other administrative staff at the meeting. b) Meeting attendees are usually given two (2) minutes to speak on any discussion item and/or during open forum; the total amount of time allocated for public testimony for each public speaker or for an agenda item is in the discretion of the Chair of the meeting and may be limited when appropriate. (California Government Code Section 54954.3; Council Policy 0-37) Applicants and appellants in land use matters are usually given more time to speak. Speakers using a translator will be given twice the time allotted to ensure non-English speakers receive the same opportunity to directly address the Council, Committee, Board or Commission. c) Speakers should discuss only the agenda item when called to speak for that item, and only topics related to City business when called to speak during open forum on the agenda. d) Speakers’ comments should be addressed to the full body. Requests to engage the Mayor, Council Members, Board Members, Commissioners or Staff in conversation will not be honored. Abusive language is inappropriate. e) Speakers will not bring to the podium any items other than a prepared written statement, writing materials, or objects that have been inspected by security staff. f) If an individual wishes to submit written information, he or she may give it to the City Clerk or other administrative staff at the meeting. g) Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting. Failure to comply with this Code of Conduct which will disturb, disrupt or impede the orderly conduct of the meeting may result in removal from the meeting and/or possible arrest. City of San José Page 26 Printed on 3/29/2022