MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, JANUARY 25, 2000

The Council of the City of San Jose convened in Adjourned Regular Session at 3:11 p.m. to consider Items 8a and 8b in a joint meeting with the Redevelopment Agency Board.

Present: Council Members - Chavez, Dando, Diaz, Diquisto, Fiscalini, LeZotte, Powers, Shirakawa, Jr., Woody; Gonzales.

Absent: Council Members - Matthews (excused).

JOINT REDEVELOPMENT/CITY COUNCIL AGENDA ITEMS

8a Adoption of resolutions by the City Council and Redevelopment Agency Board granting relief to PAVEX Construction from its bid without forfeiture of bid bond due to mistake, and awarding a construction contract to Granite Construction, the lowest responsive bidder, in the amount of $1,160,778, for site remediation and construction of a temporary parking lot on Market Street between Viola and Balbach Streets, establishing a construction contingency in the amount of $200,000, and making certain determinations. (Deferred 6/29, 11/23, 12/7/99, 8b) [MONTEREY CORRIDOR[

Documents filed: None.

Discussion/Action: This item was deferred to February 8, 2000.

8b Adoption of resolutions by the City Council and Redevelopment Agency Board:

(1) Accepting the Summary Of Costs and the Findings of the Revised Reuse Appraisal pursuant to California Health and Safety Code 33433, for an Amended & Restated Disposition and Development Agreement (DDA) with Century Residential L.L.C., for the mixed-use and Jose Theater Project between South Second and South Third Streets in the Century Center Redevelopment Project Area, and making certain findings; and,

(2) Approving an Amended & Restated Disposition and Development Agreement with Century Residential L.LC. for a mixed-use project consisting of 89 rental units, 114 parking spaced 17,600± Square Feet of ground floor retail and façade rehabilitation and stabilization of the Jose Theater Building; and,

(3) Amending for an additional Agency contribution to the project and the Jose Theater Building of $1,800,000; and

(4) Authorizing the Executive Director to negotiate and execute all other related documents, and to approve minor and technical changes in these documents consistent with the intent of the resolutions.

[CENTURY CENTER] (Deferred 1/19/00, Item 8a

Documents filed: (1) Memorandum from Mayor Gonzales and Vice Mayor Fiscalini, dated January 24, 2000, recommending the Agency Board approve the Staff recommendations. (2) Memorandum from Agency Executive Director Susan F. Shick, dated January 18, 2000, recommending if the documents are signed by the developer before the City Council and Redevelopment Agency Board meet to consider this action, that Council and Agency Board adopt said resolutions. (3) Correspondence from residents requesting condos or townhomes be build rather than apartments.

Discussion/Action: Redevelopment Agency Executive Director Susan Shick stated for the record that the threshold figure on Page 6, of the Staff report, under Item 6, should read $18,841,000, and the Development Agreement has been amended accordingly. Mr. Jim Fox, the developer, made a request for the project to be expedited. Upon motion by Council Member Fiscalini, seconded by Council Member Powers, and unanimously carried, Resolution No. 69348, entitled: “Resolution of the Council of the City of San José Approving, Pursuant to California Health and Safety Code Section 33433, the Summary of Costs and the Findings of the Revised Reuse Appraisal for an Amended and Restated Disposition and Development Agreement (DDA) with Century Residential L.L.C., for the Mixed-Use and Jose Theater Project Between South Second and South Third Streets in the Century Center Redevelopment Project Area, and Making Certain Findings:, and Redevelopment Agency resolution No. 4883, were adopted. Vote: 10-0-1-0. Absent: Matthews.

ADJOURNMENT

The City Council portion of the meeting Redevelopment Agency meeting was adjourned at 3:15 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK