CSJ 3-6-01 City Council Meeting Minutes

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, MARCH 6, 2001

The Council of the City of San Jose convened in Regular Session at 9:30 a. m. in Council Chambers at City Hall.

Present: Council Members: Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

Vacant: District 5.

Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:40 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of Chesney v. City of San José, et al.; and Simpson v. City of San José, et al.; and (B) to confer with Labor Negotiator pursuant to Government Code Section 54957.6 involving City Negotiator, City Manager Designee Alex Gurza, and the International Association of Firefighters Employee Organization.

By unanimous consent, Council reconvened from Closed Session and recessed at 11:30 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.

Present: Council Members: Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

Vacant: District 5.

INVOCATION

Pastor Cal Cook of Golden Altar Ministries, Cathedral of Faith, delivered the invocation. (District 3)

PLEDGE OF ALLEGIANCE

Mayor Gonzales led in the Pledge of Allegiance.

ORDERS OF THE DAY

Upon motion by Council Member Williams, seconded by Council Member Dando and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-0-0-1. Vacant: District 5.

CEREMONIAL ITEMS

1.1 Acceptance of the “Spare the Air Recognition Award” from the Bay Area Air Quality Management District for the City’s exemplary “Spare the Air” and other air pollution prevention efforts during 2000. (Environmental Services)

Documents Filed: None.

Discussion/Action: Mayor Gonzalez introduced Carl Mosher, Director of Environmental Services, Joni Pattillo, Chief Deputy Director, Environmental Services, and Ralph Borrmann, Public Information Officer, Bay Area Air Quality Management District, who presented to the City of San José the plaque for “Spare the Air Recognition Award”, which was accepted by Rita Norton, Environmental Program Manager, Conservation and Management Division, Environmental Services.

1.2 Presentation of a Governor’s Historic Preservation Award by Dr. Knox Mellon, California’s new State Historic Preservation Officer, to the City of San José, Preservation Action Council of San José, San José Historic Landmarks Commission, and the San José Redevelopment Agency for their efforts in the preservation and relocation of the Montgomery Hotel. (LeZotte)

(Rules Committee referral 2/28/01)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member LeZotte, Patricia Curia, President, Preservation Action Council of San José, Mark Lazzarini, Chair, Historic Landmarks Commission, Susan Shick, Executive Director, Redevelopment Agency, and Dr. Knox Mello, State Historic Preservation Officer for California, who presented awards to each honoree.

CONSENT CALENDAR

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 10-0-0-0-1. Vacant: District 5.

2.1 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #31, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated February 12, 2001, recommending Council approve said open purchase orders list, and authorize the Director of General Services to execute the purchase orders.

Discussion/Action: The award of open purchase orders List No. 31 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-0-0-1. Vacant: District 5.

2.2 Adoption of a resolution authorizing the Director of General Services to execute a one-year agreement with Aris Helicopters Ltd. for the maintenance of the Police Department’s helicopter, Model EC120B Eurocopter, for a total cost of $183,000 with the option to renew for up to four one-year periods contingent upon City Council approval of funds. (General Services)

Documents Filed: Memorandum from Director of General Services, Steve S. Yoshino, dated February 12, 2001, recommending Council adopt said resolution.

Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 70187, entitled: “Resolution of the Council of the City of San Jose Authorizing the Director of General Services to Execute an Agreement With Aris Helicopters, Ltd., for Helicopter Maintenance”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.3 Adoption of a resolution:

(a) Initiating proceedings to consider the Montgomery Hotel as a landmark of special historic, architectural, cultural, aesthetic or engineering interest or value of a historic nature.

(b) Setting a public hearing on April 3, 2001 at 1:30 p.m.

(c) Referring the matter back to the Historic Landmarks Commission for its consideration at a public hearing, report and recommendation.

(Planning, Building and Code Enforcement)

Documents Filed: (1) Memorandum from Historic Landmarks Commission Secretary, James R. Derryberry, dated February 12, 2001, recommending Council adopt said resolution. (2) Affidavit of Routing of Resolution No. 70188 initiating said proceedings, dated March 9, 2001.

Discussion/Action: Resolution No. 70188, entitled: “Resolution of the Council of the City of San Jose Initiating Proceedings on Its Own Motion, Pursuant to Provisions of Chapter 13.48 of Title 13 of the San Jose Municipal Code, to Designate the Montgomery Hotel as a City Landmark of Special Historical, Architectural, Cultural, Aesthetic or Engineering Interest or Value of Historic Nature”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.4 Adoption of a resolution initiating the conforming prezoning of approximately 0.47 gross acres of property consisting of the public right-of-way on the north side of Curtner Avenue approximately 540 easterly of Salerno Drive to the intersection of Curtner Avenue and Salerno Drive from County to A-Agricultural Zoning District and setting a public hearing on March 20, 2001 at 7:00 p.m. (Planning, Building and Code Enforcement)

CC 1-02-018 – District 9

Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated February 12, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70189, entitled: “A Resolution of the Council of the City of San Jose Initiating the Conforming Prezoning of Approximately .47 Gross Acres of Property Consisting of the Public Right-of-Way on the Intersection North Side of Curtner Avenue and Approximately 540 Feet Easterly of Salerno Drive to the Intersection of Curtner Avenue and Salerno Drive From County to A-Agricultural Zoning District and Setting a Public Hearing on March 20, 2001 at 7:00 p.m.”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.5 Adoption of a resolution of intention to annex Annexation Area 4 into Community Facilities District No. 2 (Aborn - Murillo) and to authorize levy of the special tax on land within Annexation Area 4 and setting a public hearing on April 10, 2001 at 1:30 p.m. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 12, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70190, entitled: “A Resolution of Intention of the Council of the City of San Jose to Annex Territory Into Community Facilities District No. 2 (Aborn-Murillo) and to Authorize the Levy of Special Taxes”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.6 Approval of a consultant agreement with David G. Schott, dba Advance Engineering Design (AED), for the design and construction monitoring of the Wooster Avenue Bridge Project, in an amount not to exceed $261,000. CEQA: ND. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 12, 2001, recommending Council approve said agreement.

Discussion/Action: The consultant services agreement with David G. Schott was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 5.

2.7 Approval of an agreement with David Seven for the purchase of a parcel of land located at 498 Menker Avenue in the amount of $320,000, and authorization for the Director of Public Works to execute the necessary additional documents to complete the transaction. CEQA: Exempt. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 12, 2001, recommending Council approve said agreement, and authorize the Director of Public Works to execute the necessary documents to complete the transaction.

Discussion/Action: The purchase agreement with David Seven was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 5.

2.8 Approval of a second amendment to the agreement with Emery Worldwide Airlines, Inc. to extend the hangar office space lease through April 30, 2006, with projected annual revenue to the City of $2,400. CEQA: Resolution No. 67380. (Airport)

(Deferred from 2/20/01 – Item 2.8)

Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 31, 2001, recommending Council approve the amendment to said agreement.

Discussion/Action: The second amendment to the agreement with Emery Worldwide Airlines, Inc., was approved and execution of the amendment authorized. Vote: 10-0-0-0-1. Vacant: District 5.

2.9 Adoption of a resolution authorizing the reorganization of territory designated as Cambrian No. 31, which involves the annexation to the City of San José of 2.02 gross acres of land, located on the north side of Curtner Avenue, 90 feet southerly of Salerno Drive, and detachment of the same from the Central Fire Protection District, Santa Clara County Library Services Area, and the County Lighting Services District. CEQA: Negative Declaration.

(Planning, Building and Code Enforcement)

Documents Filed: None.

Discussion/Action: This item was deferred to March 20, 2001.

2.10 Final adoption of Ordinance No. 26196 - Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.

[Deferred from 9/19/00 – Item 6b(4) et al., and 2/27/01 – Item 2.1]

Documents Filed: Proof of publication of the title of Ordinance No. 26196 executed on September 12, 2000, submitted by the City Clerk.

Discussion/Action: This item was heard with Item 10.2(b). See Item 10.2(b) for Council action taken.

2.11 Final adoption of Ordinance No. 26197 - Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment Project Areas and making certain findings.

[Deferred from 9/19/00 – Item 6b(5) et al., and 2/27/01 – Item 2.2]

Documents Filed: Proof of publication of the title of Ordinance No. 26197 executed on September 12, 2000, submitted by the City Clerk.

Discussion/Action: This item was heard with Item 10.2(c). See Item 10.2(c) for Council action taken.

2.12 Final adoption of Ordinance No. 26299 - Sets forth the very limited and extraordinary circumstances warranting an additional General Plan amendment hearing related to housing issues prior to the General Plan Annual Review and Amendment Process.

Documents Filed: Proof of publication of the title of Ordinance No. 26299 executed on February 27, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26299 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.13 Final adoption of Ordinance No. 26301 - Prezones certain real property situated on the north side of Alum Rock Avenue, approximately 150 feet easterly of Pala Drive.

C 98-08-061

Documents Filed: Proof of publication of the title of Ordinance No. 26301 executed on February 27, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26301 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.14 Final adoption of Ordinance No. 26302 – Rezones certain real property situated on the south side of Hillsdale Avenue between Snell Avenue and Hillcap Road.

C 00-11-118

Documents Filed: Proof of publication of the title of Ordinance No. 26302 executed on February 27, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26302 was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.15 Adoption of a resolution approving certain conditions on the disposition of parking facilities required by AMBAC Assurance Corporation, the proposed bond insurer for the parking revenue bonds, for the 4^th and San Fernando Street Parking Facility and to allow for eBond Trade to participate in the competitive bond sale.

(City Attorney’s Office/Finance)

(Deferred from 2/20/01 – Item 2.25 and 2/27/01 – Item 2.11)

Documents Filed: (1) Supplemental memorandum Director of Finance, Scott P. Johnson, dated March 1, 2001, recommending Council adopt said resolution. (2) Memorandum from City Attorney, J. Richard Doyle dated February 16, 2001, recommending Council adopt said resolution.

Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 70191, entitled: “A Resolution of the Council of the City of San Jose Approving Conditions Required By AMBAC Assurance Corporation, the Proposed Municipal Bond Insurer, of the Proceedings to Finance the Construction of the Revenue Bonds to be Issued by the City of San Jose Financing Authority to Finance the New 4^th & San Fernando Parking Facility and Other Parking-Related Capital Improvements, and Authorizing eBond Trade to Participate in the Competitive Bond Sale and Approving Related Documents and Official Actions” was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.16 TRACT NO. 9296 - Northwest corner of Aborn Road and Voltaire Drive - Shapell Industries, Inc., A Delaware Corporation (Developer) - 27 single family detached residential units. Adoption of resolutions approving the plans, final map, contract, and water main extension for Tract No. 9296. CEQA: Resolution No. 63179. Council District 8. Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 27, 2001, recommending Council adopt said resolutions.

Discussion/Action: This item was dropped.

2.17 Adoption of a resolution providing for the following actions relating to the Urban Forestry Tree Planting Program within the Watershed, Wildlife and Parks Improvement Bond Act of 2000:

(a) Direction to staff to work with “Our City Forest” to define locations for trees beyond City park properties.

(b) Authorization for the City Manager to fulfill the required match rate of 25%, through hard and/or soft costs, along with completing the planting prior to March 31, 2003.

(c) Authorization for the City Manager to submit the grant application to Urban and Community Forestry Program within the California Department of Forestry and Fire, accept the grant if awarded and execute any related grant documents.

CEQA: Exempt. (Parks, Recreation and Neighborhood Services)

(Rules Committee referral 2/28/01)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated March 1, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70192, entitled: “Resolution of the Council of the City of San Jose Regarding a Grant of Up to 100,000 Through the California Urban Forestry Grant Program as Provided Through the Watershed Wildlife and Parks Improvement Bond Act of 2000, Proposition 12”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.18 (a) Approval of a cost-sharing agreement with the City of San José, County of Santa Clara, and the Santa Clara Valley Water District in an amount not to exceed $150,000 each regarding the acquisition of aerial photographs, for a total agreement amount of $450,000; and

(b) Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Triathalon for countywide aerial photography, in an amount not to exceed $375,000, after the cost-sharing agreement with the County of Santa Clara and the Santa Clara Valley Water District is fully executed.

(Public Works)

(Rules Committee referral 2/28/01)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 22, 2001, noting the reason for addendum and recommending Council approve said agreement and adopt said resolution.

Discussion/Action: The cost-sharing agreement was approved and its execution authorized; and Resolution No. 70193, entitled: “A Resolution of the Council of the City of San Jose Authorizing the City Manager to Negotiate and Execute an Agreement With Triathlon for Countywide Aerial Photography in an Amount Not to Exceed 375,000, After the Cost-Sharing Agreement With the County of Santa Clara and Santa Clara Valley Water District is Fully Executed”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.19 Approval of Council Member Forrest Williams’ travel to Washington, D.C., March 10-14, 2001, to attend the American Public Transportation Agency Conference. Funding: Valley Transportation Authority. (Williams)

(Orders of the Day)

Documents Filed: Memorandum from Council Member Williams, dated February 28, 2001, submitting authorization to travel to Washington, D.C. for the purpose of attending the American Public Transportation Agency Conference.

Discussion/Action: The travel for Council Member Williams was approved. Vote: 10-0-0-0-1. Vacant: District 5.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – February 21, 2001

Documents Filed: Rules Committee Report of February 21, 2001.

(a) Redevelopment Agency items reported out at Redevelopment Agency meeting

The Committee referred Redevelopment Agency items to the Redevelopment Agency Board for consideration.

(b) City Council

(1) Review March 6, 2001 Draft Agenda

The Committee approved the March 6, 2001 City Council Agenda.

(b) City Council

(2) Add New Items to February 27, 2001 Amended Agenda.

The Committee recommended three additions to the February 27, 2001 City Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

(b) Economic Development and Environment Committee

(d) Ad Hoc Traffic Calming Advisory Committee

None Presented.

(d) Meeting Schedules

None Presented.

(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated February 15, 2001, listing the items transmitted to the Administration and the items filed for the Public Record for the period February 7-13, 2001.

The Committee noted and filed the Public Record for the period February 7-13, 2001.

(f) Appointments to Project Diversity Screening Committee

(Continued from February 14, 2001, Item G)

None Presented.

(g) Council Referrals for Assignment to Appropriate Committee, Administration or Council Appointee.

None Presented.

(h) Oral Communications

None Presented.

(i) Adjournment

The meeting was adjourned at 2:15 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Rules Committee Report and actions of February 21, 2001 were accepted. Vote: 10-0-0-0-1. Vacant: District 5.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Adoption of a resolution:

(a) Authorizing the Director of Housing to make grants rather than interest-free conditional loans to income-qualified homeowners for home repairs and rehabilitation work, under the Housing Rehabilitation Program.

(b) Authorizing a separate grant program for costs associated with implementing U.S. Department of Housing and Urban Development regulations on lead-based paint abatement, under the Housing Rehabilitation Program.

(Housing)

(Deferred from 2/20/01 – Item 4.4)

Documents Filed: (1) Memorandum from Director of Housing, Alex Sanchez, dated January 31, 2001, recommending Council adopt said resolution. (2) Memorandum from City Auditor, Gerald A. Silva, dated February 5, 2001, supplementing the January 31, 2001 memorandum from the Department of Housing regarding the City Council Policy on Loans vs. Grants and provides background information on the City Auditor’s 1997 audit recommendation regarding the Housing Rehabilitation Program loans and grants.

Discussion/Action: This item was dropped.

4.3 Approval to terminate the existing contract with J.J.R. Construction, Inc., (executed on May 7, 1999 and in an amount not to exceed $27,000 to permanently close The Alameda undercrossing) and that the undercrossing continue to remain open and be maintained by the City. (Yeager)

(Rules Committee referral 2/28/01)

Documents Filed: Memorandum from Council Member Yeager, dated March 1, 2001, recommending Council direct Staff to terminate the contract to permanently close The Alameda Undercrossing.

Discussion/Action: Upon motion by Council Member Yeager, seconded by Council Member Cortesé and unanimously carried, Public Works was directed to terminate the existing contract with J.J.R. Construction, Inc., to permanently close The Alameda Undercrossing. Vote: 10-0-0-0-1. Vacant: District 5.

RECREATION & CULTURAL SERVICES

5.2 Approval of an agreement with Field Paoli Architects for consultant services including project design, preparation of construction documents, and construction administration services for the New Blossom Hill Branch Library Project, for the period March 15, 2001 to March 15, 2004, in the amount of $977,500.

(Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated February 28, 2001, noting the reason for the replacement memorandum and recommending Council approve said agreement.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Diquisto and unanimously carried, the consultant service agreement with Field Paoli Architects was approved and execution of the agreement authorized. Vote: 10-0-0-0-1. Vacant: District 5.

TRANSPORTATION SERVICES

6.1 Traffic Calming Advisory Committee (Ad Hoc) – February 22, 2001

Documents Filed: Traffic Calming Advisory Committee Report of February 22, 2001.

(a) Approval of Six-Month Work Plan. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 14, 2001, recommending specific meeting dates be assigned for items on the work plan for February – June 2001.

The Committee approved the six-month workplan with the following modifications:

· Move the Public Education/Awareness Program item from March 22 to April 12, 2001.

· Add Evening Council Session to be held on April 17, 2001

· Add item for April 26, 2001 – Review Progress of Workplan

· Move the Review of One-Way Couplets item from March 8 to June 14, 2001.

(b) Report on Traffic Calming Program Performance Measures. Attachment: Memorandum from Director of Streets and Traffic, Wayne K. Tanda, dated February 14, 2001, recommending acceptance of the report on the Traffic Calming program Performance Measures.

The Committee accepted the staff report with additional comments incorporated and directed Staff to return at a future date to Committee with a status report.

None Presented.

(d) Adjournment

The Committee adjourned at 3:50 p.m.

Discussion/Action: As a point of clarification, Council Members Chavez and Dando queried Staff on the April 17, 2001 Council meeting and whether the Agenda would incorporate status reports on the implementation of traffic calming elements in City neighborhoods, and to what extent were communities involved in the program, and asked Staff to include a discussion on updating Council policies involving stop signs. Upon motion by Council Member Reed, seconded by Council Member Cortesé and unanimously carried, the Traffic Calming Advisory Committee Report and actions of February 22, 2001 were accepted with emphasis on the April 17, 2000 Evening Council Session agenda to include (1) a status report on all current traffic calming projects occurring in the community, (2) an update on what has actually been accomplished in those neighborhoods where traffic calming meetings have been held, (3) to review traffic signal policy and policy changes affecting elements of the traffic calming program, and (4) to provide an opportunity for public comment on the traffic calming efforts. Vote: 10-0-0-0-1. Vacant: District 5.

6.2 Adoption of the following resolutions in connection with the formation of Community Facilities District No. 6 (Great Oaks - Route 85):

(a) A resolution of intention to form Community Facilities District No. 6 (Great Oaks - Route 85), to authorize the levy of special taxes pursuant to the City of San José Community Facilities District Financing Procedure, setting a public hearing on March 20, 2001 at 1:30 p.m., and to:

(1) Authorize the City Manager to execute a joint community facilities agreement with the California Department of Transportation and to negotiate and execute agreements with E. Wagner & Associates for financial advisory services in an amount not to exceed $95,000, for the term of January 1, 2000 to December 31, 2001, and with Berryman & Henigar, Inc. for special tax consulting services in an amount not to exceed $50,000, for the term of August 15, 2000 to December 31, 2001.

(2) Authorize the City Attorney to negotiate and execute an agreement with Quint & Thimmig for bond counsel services in an amount not to exceed $70,000, for the term of August 15, 2000 to December 31, 2001.

(b) A resolution of intention to incur bonded indebtedness of the Proposed Community Facilities District No. 6 (Great Oaks - Route 85) pursuant to the City of San José Community Facilities District Financing Procedure in an amount not to exceed $15,600,000.

CEQA: Resolution No. 69699. (Public Works/Finance)

(Deferred from 2/20/01 – Item 6.2)

Documents Filed: None.

Discussion/Action: This item was deferred to March 13, 2001.

PUBLIC SAFETY SERVICES

9.1 (a) Acceptance of the Fire Fleet Assessment Report for the period covering July 2000 through December 2000; and

(b) Direction to the Administration to begin submitting the Fire Fleet Assessment Report as a Fiscal Year Annual Report beginning with FY 2000-01.

(General Services/Fire)

Documents Filed: Memorandum from Director of General Services Steve S. Yoshino, and Fire Chief Manuel P. Alarcon, dated February 12, 2001, recommending Council accept the report and direct the Administration to submit an annual report beginning with FY 2000-2001.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, the Fire Fleet Assessment Report was accepted and the Administration directed to incorporate the Reports into the annual budget process. Vote: 10-0-0-0-1. Vacant: District 5.

JOINT COUNCIL/REDEVELOPMENT AGENCY

The Redevelopment Agency Board convened at 2:23 p.m. to consider Items 10.1 and 10.2 in a joint session.

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

(a) Approving the transfer of the Redevelopment Agency-owned property located at 937-943 Locust Street to the Housing Department to provide transitional housing for fire victims and others displaced through no fault of their own; and

(b) Authorizing the expenditure of up to $500,000 in 20% Low and Moderate Income Housing Funds to make necessary repairs to the SRO building; and

(c) Authorizing the City Manager to select a provider to own and manage the property and to negotiate the terms of occupancy; and

(d) Finding that the use of 20% Housing Funds for the project is of benefit to the Redevelopment Project Areas in San José.

(Fire/Housing)

(Deferred from 1/23/01 – Item 10.1 and 2/20/01 – Item 10.1)

Documents Filed: (1) Memorandum from Assistant to the City Manager, Deanna J. Santana, dated February 14, 2001, attaching reports distributed to Council in November 2000 regarding the transfer of Redevelopment Agency-owned property for emergency housing. (2) Supplemental memorandum from City Manager Del D. Borgsdorf, and Redevelopment Agency Executive Director Susan F. Shick, dated November 16, 2000, noting the reason for the supplemental report and recommending the Redevelopment Agency Board and the City Council approve recommended actions in the November 8, 2001 memorandum on the subject project. (3) Memorandum from City Manager Del D. Borgsdorf, and Redevelopment Agency Executive Director Susan F. Shick, dated November 8, 2000, recommending the City Council and Redevelopment Agency Board adopt said resolution.

Discussion/Action: This item was dropped.

10.2 (a) Adoption by the City Council of a response to written objections from property owners and taxing entities to the adoption of the Neighborhood Business Clusters Redevelopment Plan and the merger of the Neighborhood Business Clusters Redevelopment Plan into the San Jose Merged Area Redevelopment Plan.

(b) Final adoption of ORDINANCE NO. 26196 – Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.

Items (a) and (b) Heard With Item 2.10

(c) Final adoption of ORDINANCE NO. 26197 – Amends the Julian-Stockton Redevelopment Plan, the Olinder Redevelopment Plan, the San Antonio Plaza Redevelopment Plan, the Rincon de Los Esteros Redevelopment Plan, the Pueblo Uno Redevelopment Plan, the Edenvale Redevelopment Plan, the Guadalupe-Auzerais Redevelopment Plan, the Market Gateway Redevelopment Plan, the Century Center Redevelopment Plan, the Alum Rock Avenue Redevelopment Plan, the East Santa Clara Street Redevelopment Plan, the Almaden Gateway Redevelopment Plan, the Story Road Redevelopment Plan, The Alameda Redevelopment Plan, the West San Carlos Street Redevelopment Plan, the Japantown Redevelopment Plan, the Monterey Corridor Redevelopment Plan, the Park Center Redevelopment Plan, the Civic Plaza Redevelopment Plan, and the Neighborhood Business Clusters Redevelopment Plan to effect the merger of said Redevelopment Project Areas and making certain findings

(Deferred from 9/19/00 – Item 11a et al., and 2/27/01 – Item 10.1)

Documents Filed: (1) Memorandum from Executive Director, Susan F. Shick, dated February 27, 2001, recommending the Redevelopment Agency Board and the City Council approve the enclosed written responses and direct the Executive Director to forward them by letter to the County Executive, to Kin Properties, and to Lulu Teng; and adopt said ordinances making all necessary findings and approving all actions associated with the Neighborhood Business Clusters Redevelopment Plan and Merger. (2) Letter from Lulu Teng, dated August 2, 2000, opposing the City’s consideration of purchasing or acquiring by condemnation any of his property.

Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Council Member Cortesé, seconded by Council Member Reed and unanimously carried, the response to written objectives from property owners and taxing entities to the adoption of the Neighborhood Business Clusters Redevelopment Plan and the merger of the Neighborhood Business Clusters Redevelopment Plan into the San José Merged Area Redevelopment Plan was approved; and Ordinance No. 26196 and Ordinance No. 26197 were adopted. Vote: 10-0-0-0-1. Vacant: District 5.

The Redevelopment Agency Board adjourned at 2:30 p.m.

OPEN FORUM

The following individuals spoke on a variety of topics: Renata Milanovic, Deborah Grant, Charise Sandoval, John Williamson, and William J. Garbett.

RECESS/RECONVENE

Following Open Forum, Council recessed at 2:40 p.m. and reconvened at 7:00 p.m.

Present: Council Members: Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

Vacant: District 5.

Joined by Mayor Gonzales and the City Council, Council Member Yeager welcomed special guests from the Rose Garden Webelos Scouts Hawks Jaron Avila, Brandon Chapman, Scott Cooper, Brian Fanger, Zack Herhold, Ronald Leedy, Eric Shenefelt, Allister Will, Nick Olsen, Hawks Den Leader Carol Cooper, and Hawks Assistant Den Leaders Dan Chapman and Kathy Fanger, Den One, Pack 390, who attended the meeting as a requirement for the Scouts Citizen Activity Badge. The Scouts were asked to stand and be recognized.

City Clerk, Patricia L. O’Hearn, read the requests for continuances of applications and other actions as recommended. Upon motion by Council Member Williams, seconded by Council Member Dando and unanimously carried, the below noted continuances and other actions were granted. Vote: 10-0-0-0-1. Vacant: District 5.

PUBLIC HEARINGS

11.1 PUBLIC HEARING and approval of an ordinance amending Chapter 20.90 of Title 20 of the San José Municipal Code to establish a Parking Management Zone for the Alum Rock Village Area, and making technical corrections to Title 20. (Planning, Building, and Code Enforcement)

Documents Filed: None.

Discussion/Action: This item was continued to March 20, 2001.

11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Auzerais and Race Streets (1135 Auzerais Street), from M-1 Manufacturing Zoning District to (A) PD Planned Development Zoning District, to allow for the relocation of a billboard on 2.86 gross acres. (Chester C. Lehmann, Owner/Developer). CEQA: Exempt.

PDC 00-08-082 - District 6

(Continued from 12/12/00 – Item 15n and 1/16/01 – Item 11.6)

Documents Filed: None.

Discussion/Action: This item was continued to March 20, 2001.

11.3 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the west side of Lone Hill Road, 350 feet northerly of Los Gatos-Almaden Road, from R-1:B-8 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to two single-family detached units on 0.47 gross acre. (Christopher Harris and Marco DeGeorge, Owner/Developer). CEQA: Exempt.

PDC 00-08-076 - District 9

(Continued from 1/16/01 – Item 11.7 and 2/6/01 – Item 11.3)

Documents Filed: Notice of Public Hearing to consider a change in zoning for PDC 00-08-076, dated November 20, 2000, and Proof of Publication executed on December 1, 2000, submitted by the City Clerk.

Discussion/Action: This item was dropped.

11.4 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Hedding Street and Park Avenue, from R-1:B-6 Residence Zoning District to A(PD) Planned Development Zoning District, to allow the construction of 11 single-family detached residences on 1.14 gross acres. (University Park Partners, Owner; Rosegarden Courtyards, LLC, Developer). CEQA: Negative Declaration.

PDC 00-10-107 - District 6

(Continued from 1/16/01 – Item 11.10 and 2/6/01 – Item 11.4)

Documents Filed: None.

Discussion/Action: This item was continued to March 20, 2001.

11.9 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the south side of Berryessa Road, between Sixteenth and Seventeenth Streets, from M-1 Manufacturing Zoning District to A(PD) Planned Development Zoning District, to allow the construction of six single family detached residences on 0.5 gross acres. (Son Nguyen, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 00-09-092 - District 3

Documents Filed: None.

Discussion/Action: This item was continued to March 20, 2001.

11.5 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of Bonita Avenue, 200 feet northerly of Herald Avenue, from R-2 Residence and M-1 Manufacturing Zoning District to A(PD) Planned Development Zoning District, to allow up to 24 attached dwelling units on 1.25 gross acres. (Carl Baustreri, Owner; Willow Equities, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend denial (7-0-0).

PDC 00-08-075 - District 3

(Continued from 2/6/01 – Item 11.7)

Documents Filed: (1) Memorandum from Council Member Chavez, dated March 5, 2001, recommending Council approve the revised project with additional conditions contained therein. (2) Memorandum from Planning Commission Secretary James R. Derryberry, dated February 21, 2001, stating the Planning Commission voted to recommend that Council deny the proposed rezoning. (3) Public Hearing Notice to consider a change in Zoning for PDC 00-08-075 dated January 8, 2001, and Proof of Publication executed on January 12, 2001, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Philip C. Reynolds, Jr., representing Olinder Neighborhood Association, spoke in favor of the proposed project. Referencing the recommendation to deny the proposed rezoning, citing the project’s lack of conformance with the General Plan and significant unresolved design issues, Director of Planning, Building and Code Enforcement, James R. Derryberry stated Staff did receive earlier in the day from the Developer revised plans which have substantially resolved the design concerns of both the Planning Commission and the Staff. He modified the recommended “denial” of the proposed project to one of “support” for the Planned Development Rezoning. Council Member Chavez referenced her March 5, 2001 memorandum, recommending Council approve the revisions contained therein, except under the “Open Space” section; the wording should be changed to reflect acceptance of the offer of the developer to construct a tot lot as part of the project to be “turn-keyed” to the City of San José. Upon motion by Council Member Chavez, seconded by Council Member Reed and unanimously carried, the public hearing was closed, the Planning Director’s recommendation to reverse the Planning Commission recommendation to one of “support” predicated on revised plans submitted by the Developer, was approved; the recommendations proposed by Council Member Chavez to approve the revised project with the conditions and direction to staff regarding the “Design”, “Density/Site Plan”, and “Open Space”, were approved as amended to change the wording from “Direct the Developer” to “Accept the offer of the developer to construct a tot lot as part of the project to be “turn-keyed” to the City of San José”; and Ordinance No. 26311, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the East Side of Bonita Avenue, 200 Feet Northerly of Herald Avenue”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.

11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located on both sides of Stallion Way, approximately 160 feet southerly of Staghorn Lane, from the R-1:B-2 Residence Zoning District to A(PD) Planned Development Zoning District, to allow up to 30 single-family detached residences on 3.7 gross acres. (Bhupinder S. Dhillon, Owner; Braddock & Logan, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-0-1).

PDC 00-08-081 - District 7

(Continued from 2/6/01 – Item 11.8)

Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated February 27, 2001, noting the reason for replacement memorandum and stating the Planning Commission voted 6-0-0-1, Commissioner Dhillon abstaining, to recommend that the City Council adopt an ordinance to approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDC 00-08-081 dated January 3, 2001, and Proof of Publication executed on January 12, 2001, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Yeager, and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26312, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated on Both Sides of Stallion Way 160 Feet Southerly of Staghorn Lane”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.

11.7 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southwest corner of South Bascom Avenue and Eisenhower Drive (1221 & 1265 South Bascom Avenue), from R-1 Residence and C-1 Commercial Zoning Districts to A(PD) Planned Development Zoning District, to allow for the reconfiguration of an existing water utility facility and the construction of up to 4,300 square feet of additional office facilities on 8.25 gross acres. (San José Water Company, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 98-09-071 - District 6

Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated February 20, 2001, stating the Planning Commission voted unanimously to recommend that the City Council adopt an ordinance rezoning the subject site. (2) Public Hearing Notice to consider a change in Zoning for PDC 98-09-071 dated January 24, 2001, and Proof of Publication executed on February 2, 2001, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Council Member Yeager stated City Staff should work with the applicant at the Planned Development permit stage of the project to ensure that the masonry wall on the western perimeter of the site is of an appropriate height to provide the single-family lots with adequate privacy. He encouraged the Developer to become more involved with the neighborhood in their attempt to address safety issues. Upon motion by Council Member Yeager, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26313, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated at the Southwest Corner of South Bascom Avenue and Eisenhower Drive”, was passed for publication with Staff directed to work with the Applicant at the Planned Development permit stage to ensure neighborhood concerns are addressed related to the height of wall between the site and the adjacent single-family residences and to address unresolved safety issues. Vote: 10-0-0-0-1. Vacant: District 5.

11.10 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the northeast corner of Park and Naglee Avenues, from C-1 Commercial Zoning District to A(PD) Planned Development Zoning District, to allow 13 single-family detached residential units, 13 single-family attached residential units, 6 multi-family attached residential units and up to 6,500 square feet of ground floor commercial uses on 2.8 gross acres. (Classics at the Rose Garden, LP, Owner; Classic Communities, Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 00-10-105 - District 6

Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated February 22, 2001, stating the Planning Commission voted unanimously that the City Council adopt an ordinance to approve the subject rezoning with setbacks as proposed on the current General Development Plan. (2) Public Hearing Notice to consider a change in Zoning for PDC 00-10-105 dated January 24, 2001, and Proof of Publication executed on February 2, 2001, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. Scott Ward, representing the Applicant, Classics at the Rose Garden, spoke in favor of the proposed development as originally submitted. As a point of clarification, Director of Planning, Building and Code Enforcement, James R. Derryberry, stated Lots 1 and 2 includes an existing wall in the rear of the future development sites, which is located 6 feet inside the property line. He stated any reduction in the 20-foot yard setbacks would result in substandard rear yards for the development as proposed and would be contrary to the requirements of the Residential Design Guidelines; therefore, Staff is recommending approval of the application consistent with the original request. Council Member Yeager reiterated the Applicant’s request and recommended Council approve the proposed project as estimated by the applicant. Upon motion by Council Member Yeager, seconded by Council Member Reed and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26314, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated on the Northeast Corner of Park and Naglee Avenues”, was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.

11.11 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located between Roberts Avenue, Lucretia Avenue, Mistflower Drive and Vintage Way, from R-1:B-3 Residence Zoning District to A(PD) Planned Development Zoning District, to allow 100 affordable senior residential units and 100 affordable multi-family attached residential units on 6.2 gross acres. (Community Housing Builders/Bridge housing, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (6-0-1).

PDCSH 00-10-103 - District 7

Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated March 1, 2001, stating the Planning Commission recommended that the City Council adopt an ordinance to approve the subject rezoning. (2) Public Hearing Notice to consider a change in Zoning for PDCSH 00-10-103 dated, February 13, 2001, and Proof of Publication executed on February 16, 2001, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing on the planned development rezoning of the subject property. There was no discussion from the Floor. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26315, entitled: “Ordinance of the City of San Jose Rezoning Certain Real Property Situated Between Roberts Avenue; Lucretia Avenue; Vintage Way and Mistflower Drive” was passed for publication. Vote: 10-0-0-0-1. Vacant: District 5.

11.12 PUBLIC HEARING ON CONFORMING REZONING of the property located at the west side of Piercy Road, approximately 200 feet southerly of Silver Creek Road, from A Agriculture Zoning District to IP Industrial Park Zoning District, to allow industrial uses on 7.5 gross acres. (Timothy Knea, Owner/Developer). CEQA: Resolution No. 69699. Director of Planning, Building and Code Enforcement recommends approval. No Planning Commission action required.

C 00-11-114 - District 2