MINUTES OF THE CITY COUNCIL

SAN JOSE, CALIFORNIA TUESDAY, FEBRUARY 22, 2000

The Council of the City of San Jose convened in Adjourned Regular Session at 2:28 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, Matthews; Gonzales.

Absent: Council Members - Powers, Shirakawa, Jr., Woody (all excused).

ORDERS OF THE DAY

Upon motion by Council Member Powers, seconded by Council Member Fiscalini, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 7-0-4-0. Absent: Diaz, Powers, Shirakawa, Jr., Woody.

JOINT REDEVELOPMENT/CITY COUNCIL AGENDA ITEMS

8a Adoption of resolutions by the City Council and Agency Board approving an agreement between the City, Agency and BB&K relating to the Stellex and Hellyer View industrial development projects in the Edenvale Redevelopment Project Area, and possible Agency reimbursement for certain developer-constructed public improvements to be built in connection with the developments in an amount not to exceed $1,000,000. [EDENVALE]

Documents filed: Memorandum from Agency Executive Director Susan F. Shick, and City Manager Del Borgsdorf, dated February 22, 2000, recommending the adoption of resolutions approving said agreement between the City, Agency and BB&K.

Discussion/Action: Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando, and unanimously carried, Resolution No. 69405, entitled: “Resolution of the Council of the City of San José Approving an Agreement Between the City, the Agency and BB&K Relating to the Stellex and Hellyer View Industrial Development Projects in the Edenvale Redevelopment Project Area, and Possible Agency Reimbursement for Certain Developer-Constructed Public Improvements to be Built in Connection with the Developments, in an Amount Not to Exceed $1,000,000”, and Agency Resolution No. 4986, were adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.

8b (1) Adoption of resolutions by the City Council and Redevelopment Agency Board authorizing the Executive Director to execute the sixth amendment with Concur, Inc., in the amount of $400,000, for a total amount not to exceed $1,260,000, for mediation and facilitation services related to the Guadalupe River Flood Control Project, extending the term of the agreement from April 30, 2000 to December 31, 2000, and authorizing the Executive Director and City Manager to negotiate and execute the third amendment to the cost sharing agreement between the Agency, the City and the Santa Clara Valley Water District, providing for shared funding of the Concur agreement; and

(2) Adoption of related appropriation ordinance and funding sources resolution amendments by the City Council in the Storm Drainage Fee Fund in the total amount of $100,000.

[MERGED]

Documents filed: Memorandum from Agency Executive Director Susan F. Shick, and City Manager Del Borgsdorf, dated February 22, 2000, recommending the adoption of said resolutions and related appropriation ordinance and funding sources resolution amendments.

Discussion/Action: William Garbett spoke in opposition to the proposal. City Attorney Doyle stated the resolutions were revised to grant authorization to the Executive Director to execute the sixth amendment to said agreement with Concur, Inc., and to authorize the Executive Director and City Manager to negotiate and execute the third amendment to said cost sharing agreement between the Agency, the City and the Santa Clara Valley Water District. Upon motion by Vice Mayor Fiscalini, seconded by Council Member Dando, and unanimously carried, Resolution No. 69406, entitled: “Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute the Third Amendment to the Cost Sharing Agreement Between the Redevelopment Agency, the City and the Santa Clara Valley Water District, Providing for Shared Funding of the Agreement Between the Agency and Concur, Inc.”; Ordinance No. 26060, entitled: “An Ordinance of the City of San José Amending Ordinance No. 25916 which Appropriates Moneys in the Storm Drainage Fee Fund in the Amount of $100,000, for Mediation and Facilitation Services Related to the Guadalupe River Flood Control Project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, and Agency Resolution No. 4897, were adopted. Vote: 8-0-3-0. Absent: Powers, Shirakawa, Jr., Woody.

ADJOURNMENT

The Council of the City of San José adjourned at 2:31 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK