MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, MAY 1, 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: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte, Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

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 the case of Serrano & Cone, Inc. v. City of San José; (B) to confer with Legal Counsel regarding anticipated litigation and the initiation of litigation in a matter pursuant to subsection (c) of Section 54956.9 of the Government Code; and (C) 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, and the Operating Engineers, Local 3, Employee Organization.

By unanimous consent, Council reconvened from Closed Session and recessed at 11:45 a.m. and reconvened at 1:35 p.m. in Council Chambers, City Hall.

Present: Council Members: Campos, Chavez, Cortesé, Dando, Diquisto, LeZotte (entered Chambers at 1:55 p.m.), Reed, Shirakawa Jr., Williams, Yeager; Gonzales

Absent: Council Members: None.

INVOCATION

Pastor K. Smith, Friendship Church of God in Christ, delivered the invocation. (District 5)

PLEDGE OF ALLEGIANCE

Mayor Gonzales led in the Pledge of Allegiance.

ORDERS OF THE DAY

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 10-0-1-0. Absent: LeZotte.

CEREMONIAL ITEMS

1.2 Presentation of a congratulatory commendation in honor of Moreland School District's 150th Birthday will be accepted by Dr. James Ritchie, Superintendent and School Board President, Alan Uhlemann. (LeZotte)

Documents Filed: None.

Discussion/Action: This item was deferred to May 22, 2001.

1.6 Presentation of a commendation to the Mexican Heritage Plaza Corporation for their commitment in celebrating and acknowledging the diversity of cultures in District Five and the City of San Jose, through the various art exhibits and events they sponsor. (Campos)

(Rules Committee referral 4/25/01)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales and Council Member Campos at the Podium were Mexican Heritage Plaza Corporation representatives Richard Alexandro and Fernando Zazueta, who accepted the commendation and invited the public to visit the facility and to enjoy the various art exhibits and events scheduled during May 2001.

1.7 Presentation of a commendation to Planetree Health Library in celebration of their 12^th Anniversary of providing community service and support. (Chavez)

(Rules Committee referral 4/25/01)

Documents Filed: None.

Discussion/Action: Council Member Chavez joined Mayor Gonzales in presenting the commendation to Planetree Health Library Director Candice Ford in recognition of the outstanding alternative health services provided to the San José community.

1.8 Presentation of a proclamation declaring May 2001 as Older Americans Month. (Mayor)

(Rules Committee referral 4/25/01)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were Council Member Dando-Council Liaison to the Senior Citizens Commission, Don Blankenship-Commission Vice Chair, and Patricia Brown Moriarty-Commission Chair, who accepted the proclamation. Mayor Gonzales acknowledged the following senior organizations and programs: City Programs – San José Senior Citizens Commission; Mayor’s Aging Leadership Council/Multicultural Working Group; Municipal Health Services Program (MHSP); Office on Aging Administration; Retired and Senior Volunteer Program (RSVP); Cypress Senior Center; St. James Senior Center; Southside Senior Center; Iola Williams Senior Program; and Willows Senior Center. Community Organizations – Council on Aging of Santa Clara County, Inc.; County Nutrition Council; and County Senior Care Commission. Mayor Gonzales acknowledged the presence of California Senior Legislator Bob Jaffee, and former Council Member Alice Woody, and urged all citizens to recognize the vital roles seniors play in enriching the lives of all residents in the City of San José, and to support services and activities that enable seniors to continue to be healthy and productive citizens for the entire community. He asked the guests to stand and be recognized.

Council Member LeZotte entered Chambers at 1:55 p.m.

CONSENT CALENDAR

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, the Consent Calendar was approved and the below listed actions were taken as indicated. Vote: 11-0-0-0.

2.1 (a) Regular meeting of January 30, 2001

Documents Filed: Minutes of the regular meeting of January 30, 2001.

Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.

(b) Joint City Council/San José Financing Authority meeting of January 30, 2001

Documents Filed: Minutes of the joint Council/Authority meeting of January 30, 2001.

Discussion/Action: The Minutes were approved. Vote: 11-0-0-0.

(c) Joint City Council/Redevelopment Agency meeting of January 30, 2001

Documents Filed: Minutes of the joint Council/Board meeting of January 30, 2001.

Discussion/Action: Council Member Williams stated the names of former Council Members were recorded in the minutes, and asked that the minutes be corrected to reflect seated Members. The Minutes were approved as amended to reflect names of current Council Members. Vote: 11-0-0-0.

(d) Special Joint Closed Session with Redevelopment Agency Board of January 30, 2001

Documents Filed: Minutes of the special session on January 30, 2001.

Discussion/Action: William J. Garbett spoke against the proposed action. The Minutes were approved. Vote: 11-0-0-0.

2.2 (a) Final adoption of Ordinance No 26348 – Rezones certain real property situated at the northeast corner of East St. John and North 17^th Streets. PDC 01-02-025

Documents Filed: Proof of publication of the title of Ordinance No. 26348 executed on April 24, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26348 was adopted.

(b) Final adoption of Ordinance No. 26349 – Rezones certain real property situated on the east side of North Fourth Street, opposite Hensley Avenue. C 01-02-027

Documents Filed: Proof of publication of the title of Ordinance No. 26349 executed on April 24, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26349 was adopted. Vote: 11-0-0-0.

2.3 Approval of an agreement with Ballet San José Silicon Valley for a challenge grant to support its fundraising efforts, in an amount not to exceed $250,000. (Conventions, Arts and Entertainment)

Documents Filed: Director of Conventions, Arts and Entertainment, Nancy Johnson, dated April 11, 2001, recommending Council approve said agreement.

Discussion/Action: Representing the Ballet San José Silicon Valley, Andrew Bales, spoke in support of the proposed agreement. The agreement with Ballet San José Silicon Valley was approved and execution of the agreement authorized. Vote: 11-0-0-0.

2.4 Approval of the appointment of Margaret V. Bruce, Environmental Programs Director of the Silicon Valley Manufacturing Group, to the Board of Directors of the Silicon Valley Pollution Prevention Center for the Business/Industrial Representative, for a term ending December 31, 2001. (Environmental Services)

Documents Filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 11, 2001, recommending Council approve the appointments to the Board of Directors of the Silicon Valley Pollution Prevention Center.

Discussion/Action: The appointment of Margaret V. Bruce, Environmental Programs Director of Silicon Valley Manufacturing Group, the Business/Industrial Representative, for a term ending December 31, 2001 was approved. Vote: 11-0-0-0.

2.5 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #40, and authorization for the Director of General Services to execute the purchase orders. (General Services)

Documents Filed: Memorandum from Acting Director of General Services, Francis B. McVey, dated April 11, 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. 40 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 11-0-0-0.

2.6 Approval of the appointment of the “Parking Lot Owner” representative to the Downtown Parking Board. (Mayor)

(Rules Committee referral 4/18/01)

Documents Filed: Memorandum from Mayor Gonzales, dated April 23, 2001, recommending Council approve the appointment to the Downtown Parking Board.

Discussion/Action: The appointment of Rosanna C. Davidson as the Parking Lot owner Representative to the Downtown Parking Board was approved. Vote: 11-0-0-0.

2.7 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Mount Pleasant School District, in an amount not to exceed $410,400 for the development of facilities at Mount Pleasant Elementary School to be operated as San José Smart Start Early Childhood Development Center, for a term ending June 30, 2011. CEQA: Exempt. Council District 5.

(Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 11, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70311, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Mount Pleasant School District for the Development of Facilities at Mount Pleasant Elementary School to be Operated as a San José Smart Start Early Childhood Education Development Center, in an Amount Not to Exceed $410,000 for the Period Ending June 30, 2011”, was adopted. Vote: 11-0-0-0.

2.8 Adoption of a resolution initiating proceedings and setting May 29, 2001 at 1:30 p.m. as the date for Council consideration of the reorganization of territory designated as Lick No. 27, which involves the annexation to the City of San José of 148.8 acres of land, located east of Zanker Road, west of Coyote Creek, north and south of SR-237 and generally bounded by the City of San José Annexation #735 – Lick No. 6, the City of San José Annexation #1960 – Lick No. 17, the City of Milpitas Annexation 1986-Lick No. 2, and the detachment of the same from the appropriate special districts including: Central Fire Protection District, County Library Service Area, and Santa Clara Valley County Water. CEQA: Resolution No. 70259. Council District 4. (Planning, Building and Code Enforcement)

Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 11, 2001, recommending the placement of said action on the Consent Calendar of the May 1, 2001 City Council Agenda.

Discussion/Action: William J. Garbett spoke against the proposed action. Resolution No. 70312, entitled: “Resolution of the Council of the City of San José Initiating Reorganization Proceedings for Annexation and Detachment of Certain Uninhabited Territory Designated as Lick No. 27 and Described Herein, and Setting the Time and Place for Consideration of Such Reorganization”, was adopted. Vote: 11-0-0-0.

2.9 Adoption of a resolution authorizing the reorganization of territory designated as Edenvale No. 21, which involves the annexation to the City of San José of 18.2 gross acres of land, located on the northerly side of Hillsdale Avenue, 250 feet easterly of Woodmere Court, and detachment of the same from the Central Fire Protection District and the Santa Clara County Library Services Area. CEQA: Resolution No. 70194. Council District 7. (Planning, Building and Code Enforcement)

Documents Filed: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 19, 2001, stating that before approving the reorganization proposal, the City Council is required to make the following findings: [a] That the unincorporated territory is within the City’s Urban Service Area as adopted by the Local Agency Formation Commission (LAFCO); [b] That the County Surveyor has determined the boundaries of the proposal to be definite and certain and in compliance with the LAFCO Annexation Policies; [c] That the proposal does not split lines of assessment or ownership; [d] That the proposal does not create islands or areas in which it would be difficult to provide municipal services; [e] That the proposal is consistent with the City’s adopted General Plan; [f] That the territory is contiguous to existing City limits; and [g] That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the City’s Urban Service Area.

Discussion/Action: Resolution No. 70313, entitled: “Resolution of the Council of the City of San José Ordering the Reorganization of Certain Uninhabited Territory Designated as Edenvale No. 21 Subject to Liability for General Indebtedness of the City”, was adopted. Vote: 11-0-0-0.

2.10 Adoption of a resolution authorizing the City Manager to execute documents and accept the dedication of real property for land required for the Bailey Extension Project in North Coyote Valley. CEQA: Resolution No. 68705. Council District 2. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April 11, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70314, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute Documents and Accept the Transfer of Real Property for Land Required for the Bailey Extension Project in North Coyote Valley”, was adopted. Vote: 11-0-0-0.

2.11 Approval to reject the sole bid for the construction of the Meridian Avenue Soundwall Project, a sound barrier from Portobello Drive to Route 85, and authorization for the Director of Public Works to re-advertise and re-bid the project. CEQA: Exempt. Council District 9. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April 11, 2001, recommending Council approve the recommendation to reject the sole bid and authorize the Director of Public Works to readvertise and rebid the project.

Discussion/Action: The recommendation to reject the sole bid for the construction of the Meridian Avenue Soundwall Project was approved and authorization to readvertise and rebid the Project authorized. Vote: 11-0-0-0.

2.12 Report on bids and award of contract for the Umbarger Road/ Barberry Lane Walkway Lighting Project to the low bidder, GAB Construction, Inc. to include the base bid and Add Alternate Nos. 1 and 2 in the amount of $99,000, and approval of a contingency in the amount of $9,900. Council District 7. CEQA: Exempt.

(Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April 11, 2001, recommending Council accept the bid report and award said contract and approve said contingency.

Discussion/Action: The bid report was accepted and award of contract to GAB Construction, Inc., the low bidder, and the contingency, were approved and execution of the contract authorized. Vote: 11-0-0-0.

2.13 Approval of the appointment of new members to the Workforce Investment Board. (Mayor)

(Deferred from 4/24/01 – Item 2.24)

Documents Filed: Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated April 24, 2001, recommending Council approve the new appointments to the Workforce Investment Board.

Discussion/Action: The Chief Local Elected Official’s (CLEO) new appointments to the Workforce Investment Board to deal with (1) the resignation of existing members, and (2) change in organization affiliation (employment status) of existing members mandating their replacement, were approved. Vote: 11-0-0-0.

2.14 Approval of the appointment of Council Member Cindy Chavez to represent the City of San José on the Santa Clara Family Health Plan Oversight Board. (Mayor)

(Rules Committee referral 4/25/01)

Documents Filed: Memorandum from Mayor Gonzales, dated April 23, 2001, recommending Council approve said appointments.

Discussion/Action: The appointment of Council Member Cindy Chavez to represent the City of San José on the Santa Clara Family Health Plan Oversight Board was approved. Vote: 11-0-0-0.

END OF CONSENT CALENDAR

Mayor Gonzales and the City Council joined City Manager Del D. Borgsdorf in welcoming Terry Roberts, newly employed Deputy City Manager of Capital Projects, who was asked to stand and be recognized.

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – April 18, 2001

Documents Filed: Rules Committee report of April 18, 2001.

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

The Redevelopment Agency items referred to the Redevelopment Agency Board for action.

(b) City Council

(1) Review May 1, 2001 Draft Agenda

The Committee approved the May 1, 2001 City Council Agenda with six additions.

(2) Add New Items to April 24, 2001 Amended Agenda

The Committee recommended four additions to the April 24, 2001 City Council Agenda

(c) City Council Committees

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

At the request of the Redevelopment Agency Liaison Gary Miskimon, the Committee recommended approval to add an item entitled, “Tax Increment Forecast” to the April 25, 2001 Finance and Infrastructure Committee Agenda.

(b) Economic Development and Environment Committee

None Filed.

(c) Education, Neighborhoods, Youth, and Seniors Committee

None Filed.

(d) Ad Hoc Traffic Calming Advisory Committee

None Filed.

(d) Meeting Schedules. Attachment: Memorandum from Assistant to the City Manager, Deanna J. Santana, dated April 17, 2001, recommending approval to change the location of the Strong Neighborhoods Initiative Study Session.

(1) Request to change location of April 26, 2001 Strong Neighborhoods Initiative Study Session

The Committee recommended approval to change the location of the Strong Neighborhoods Initiative Study Session on April 26, 2001 from the Mexican Heritage Plaza to the Council Chambers, City Hall.

(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated April 12, 2001, listing the items filed for the Public Record for the period April 4-10, 2001.

The Committee noted and filed the Public Record for the period April 4-10, 2001.

(f) Boards, Commissions and Committees

None Filed

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

None Filed.

(h) Administrative Reviews and Approval. Attachments: (1) Memorandum from Director of Environmental Services, Carl W. Mosher, dated April 13, 2001, recommending acceptance of the supplemental status update and recommending City positions on specific Senate and Assembly Bills. (2) Memorandum from Director of Intergovernmental Relations, Betsy Shotwell, dated April 3, 2001, recommending City positions for Council action on Senate and Assembly Bills.

(1) Approve staff’s proposed recommendations on:

SB 5X (Sher) State Energy Projects

AB 48X (Midgen) Electrical Restructuring: Aggregation

AB 83X (Keeley) Public Utilities: Net Energy Metering

The Committee noted that SB 5X was passed and signed into law by the Governor on April 11, 2001. The Committee recommended the following City positions:

· AB 83X (Keeley) Revise Position to WATCH

· AB 48X (Migden) SUPPORT

(i) Oral communications

None Presented.

(j) Adjournment

The meeting was adjourned at 2:10 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams and unanimously carried, the Rules Committee Report and actions of April 18, 2001 were accepted. Vote: 11-0-0-0.

3.4 (a) Approval of an ordinance amending Section 3.28.030 of Chapter 3.28 of Title 3 of the San José Municipal Code to change the definition of final compensation to highest average compensation earnable during any twelve-month period for members of the Federated Retirement System who separate from service on or after July 1, 2001.

(b) (1) Approval of an ordinance amending Section 2.08.130 and Part 10 of Chapter 2.08 of the San José Municipal Code to increase the membership of the Board of Administration for the Federated City Employees’ Retirement System and to provide for removal of members of the Board for cause.

(2) Approval of Procedures for Recommendation of a Retiree to Serve on the Board of Administration for the Federated City Employees’ Retirement System.

(c) Approval of an ordinance amending Chapter 3.28 of the San José Municipal Code to provide for the limited reemployment of retired members of the Federated Retirement System.

(City Manager’s Office)

Documents Filed: (1) Memorandum from Director of Employee Relations, Alex Gurza, dated May 1, 2001, recommending Council adopt said ordinances and approve related actions to implement changes to the Federated Retirement System. (2) Letter from Joe McDonald and Wilma Strickland, dated April 25, 2001, expressing their position on the changes to the Federated Retirement System.

Discussion/Action: The following individuals spoke in favor of the proposed changes to the Federated Retirement System: Joe Bass, President, San José Retired Employees Association; Charles Gebhardt, Chief Steward, IBEW; Joe McDonald; Deborah Powell, President, Confidential Employees Organization, AFSCME; Bill Pope, President Municipal Employees Federation, AFSCME; and Tom Brim, City of San José Inspectors’ Union, APESI.

Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, Ordinance No. 26353, entitled: “An Ordinance of the City of San José Amending Section 3.28.030 of Chapter 3.28 of Title 3 of the San José Municipal Code to Change the Definition of Final Compensation to Highest Average Annual Compensation Earnable During Any Twelve-Month Period for Members of the Federated City Employees Retirement System Who Retire or Otherwise Leave City Service on or After July 1, 2001; and Ordinance No. 26354, entitled: “An Ordinance of the City of San José Amending Section 2.08.130 and Part 10 of Chapter 2.08 of Title 2 of the San José Municipal Code to Provide That the Council Shall Remove Members of the Board of Administration for Federated City Employees Retirement System Only for Cause and to Increase the Membership of the Board of Administration for the Federated City Employees Retirement System From Five to Seven”, were passed for publication; the procedure to recommend a retiree to serve on the Board of Administration for the Federated City Employees’ Retirement System was approved; and Ordinance No. 26355, entitled: “An Ordinance of the City of San José Amending Chapter 3.28 of Title 3 of the San José Municipal Code to Provide for the Limited Reemployment of Retirement Members of the Federated City Employees Retirement System Without Suspension of the Retirement Allowance”, was passed for publication. Vote: 11-0-0-0.

3.5 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with the County of Santa Clara to equally fund a 3-year, interest only loan to the GI Forum, in the amount equal to $4,000,000, pursuant to the parameters contained in the report. (Conventions, Arts and Entertainment)

(Rules Committee referral 4/25/01)

Documents Filed: Supplemental memorandum from Director of Conventions, Arts and Entertainment, Nancy Johnson, dated April 26, 2001, noting the reason for addendum and recommending Council adopt said resolution.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez and unanimously carried, Resolution No. 70315, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With the County of Santa Clara to Equally Fund a Three-Year Interest Only Loan to the G.I. Forum in the Amount Equal to $4,000,000, Pursuant to the Parameters Contained in the Report”, was adopted. Vote: 11-0-0-0.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 PUBLIC HEARINGS to:

(a) Conduct simultaneously the Public Hearings on the proposed formation of Community Facilities District (CFD) No. 5A (North Coyote Valley Facilities) and CFD No. 5B (North Coyote Valley Services).

(b) Adopt a Resolution of Formation for CFD No. 5A (North Coyote Valley Facilities) authorizing the levy of a Special Tax therein, preliminarily establishing an appropriations limit therefore and submitting the levy of the Special Tax and the appropriations limit to the qualified electors thereof.

(c) Adopt a resolution calling a special election of property owners in the proposed CFD No. 5A (North Coyote Valley Facilities).

(d) Adopt a Resolution of Formation for CFD No. 5B (North Coyote Valley Services) authorizing the levy of a Special Tax therein, preliminarily establishing an appropriations limit therefore and submitting the levy of the Special Tax and the appropriations limit to the qualified electors thereof.

(e) Adopt a resolution calling a special election of property owners in the proposed CFD No. 5B (North Coyote Valley Services).

CEQA: Resolution No. 69957. Council District 2. (City Manager's Office)

Documents Filed: (1) Memorandum from Senior Deputy City Manager, Darrell Dearborn, dated April 24, 2001, recommending Council conduct the public hearing and approve actions to implement the formation of Community Facilities District Nos. 5A and 5B. (2) Notices of Public Hearings regarding establishment of Community Facilities District No. 5A (North Coyote Valley Facilities) and No. 5B (North Coyote Valley Services), both dated April 3, 2001, and Proofs of Publication on Community Facilities District Nos. 5A and 5B, both executed on April 20, 2001, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearings on the formation of the Community Districts. William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, the public hearings were closed, and Resolution No. 70316, entitled: “A Resolution of the Council of the City of San José of Formation of Community Facilities District, Authorizing the Levy of a Special Tax Therein, Preliminarily Establishing An Appropriations Limit Therefor and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors Thereof”; Resolution No. 70317, entitled: “A Resolution of the Council of the City of San José Calling Special Election, City of San José, Community Facilities District No. 5A (North Coyote Valley Facilities)”; Resolution No. 70318, entitled: “A Resolution of the Council of the City of San José of Formation of Community Facilities District, Authorizing the Levy of a Special Tax Therein, Preliminarily Establishing An Appropriations Limit Therefor and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors Thereof”; and Resolution No. 70319, entitled: “A Resolution of the Council of the City of San José Calling Special Election, City of San José, Community Facilities District No. 5B (North Coyote Valley Services)”, were adopted. Vote: 11-0-0-0.

4.3 Adoption of resolutions of intention to:

(a) Form Maintenance District 19 (River Oaks Area Landscaping).

(b) Form Maintenance District 20 (Renaissance – North First Landscaping).

Council District 3. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April 24, 2001, recommending Council adopt said resolutions of intent.

Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, Resolution No. 70320, entitled: “A Resolution of the Council of the City of San José Declaring Its Intention to Establish Maintenance District 19 (River Oaks Area Landscaping)”; and Resolution No. 70321, entitled: “A Resolution of the Council of the City of San José Declaring Its Intention to Establish Maintenance District 20 (Renaissance – North First Landscaping)”, were adopted. Vote: 11-0-0-0.

4.4 Adoption of resolutions of intention to:

(a) Modify and reauthorize Maintenance District 4 (Gateway Place – Airport Parkway).

(b) Modify and reauthorize Maintenance District 9 (Santa Teresa – Great Oaks).

(c) Modify and reauthorize Maintenance District 11 (Brokaw Road from Junction to Old Oakland).

Council Districts 2, 3, and 4. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April 24, 2001, recommending Council adopt said resolutions of intent.

Discussion/Action: Upon motion by Council Member Dando, seconded by Council Member Williams and unanimously carried, Resolution No. 70322, entitled: “A Resolution of the Council of the City of San José of the Intention to Modify and Reauthorize Maintenance 4 (Gateway Place – Airport Parkway) and Directing the Director of Public Works to Prepare and File an Engineer’s Report”; Resolution No. 70323, entitled: “A Resolution of the Council of the City of San José of the Intention to Modify and Reauthorize Maintenance 9 (Santa Teresa – Great Oaks) and Directing the Director of Public Works to Prepare and File an Engineer’s Report”; and Resolution No. 70324, entitled: “A Resolution of the Council of the City of San José of the Intention to Modify and Reauthorize Maintenance 11 (Brokaw Road From Junction Avenue to Old Oakland Road) and Directing the Director of Public Works to Prepare and File an Engineer’s Report”, were adopted. Vote: 11-0-0-0.

4.5 Redevelopment Agency staff recommends that the City Council, pursuant to the exception set forth in Section 20.28.620 of the Zoning Ordinance, authorize Wolff DiNapoli to exceed the maximum floor area ratio (FAR), number of stories and height development standards of the CG Zoning District within the Central Downtown to accommodate a nine (9) story hotel (Courtyard by Marriott) of approximately 159,412 square feet, with a maximum height of approximately 114 feet above grade, at the southeast corner of Guadalupe Parkway and West Santa Clara Street on a 0.75 acre site. Downtown Strategy Plan EIR and Supplemental Resolution No. 68839. Council District 3. (Redevelopment Agency)

Documents Filed: (1) Memorandum from Executive Director, Susan F. Shick, dated April 27, 2001, attaching two graphics that better depict the elevations of the proposed Marriott Courtyard Hotel. (2) Memorandum from Executive Director, Susan F. Shick, dated May 1, 2001, recommending the City Council, pursuant to the exception set forth in the Zoning Ordinance, authorize Wolff DiNapoli to exceed the maximum FAR to accommodate the nine-story hotel.

Discussion/Action: Redevelopment Agency Executive Director, Susan F. Shick, summarized background information on the development of the proposed Marriott Courtyard Hotel at West Santa Clara Street and Guadalupe Parkway. She stated the design of the roofline has been improved to include the following: (1) The stairwell elements have been increased in height; (2) the rooftop equipment is set between the two elevator towers and fully screened; and (3) Staff is continuing to work with the applicant to design a roofscape treatment of the rock roof material, which will be visible from a number of other high-rise buildings in the vicinity. She stated the site development permit will be adjusted subject to the refinements, once the Height and Bulk Waiver is acted upon by the City Council. She stated the proposed project is the first new Downtown hotel to be built without Redevelopment Agency assistance, and is consistent with the General Plan, Zoning Ordinance, and the Downtown Strategy Plan, and therefore, promotes the general public’s health, safety, and welfare. She stated the project meets the City’s goals and policies for commercial development in the Central Downtown area, and recommended Council approve the Staff recommendation for the applicant to proceed with the exception.

Applicant Keith Wolff and architect Andy Cohen described the architecture of the roofline, as illustrated in the revised graphics submitted to Agency Staff, and responded to Council’s concerns regarding signage placed in front of or strategically located on a highly visible part on the building, the use of green materials in the construction of the hotel, consideration of legislation enacted since AB 24, and the import of using renewable energy sources for the heating and cooling of the building. William J. Garbett spoke against the proposed action. Ross Signorino spoke in favor of the proposed exception.

Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, the applicant, Wolff DiNapoli, was authorized to proceed with the exception to the maximum floor area ratio, the number of stories and height development standards to accommodate a nine-story hotel, and Agency Staff was directed to review signage issues and return to Council with recommendations; and to research and report back to Council on the feasibility of utilizing “renewable energy” and “energy generation” resources to heat and cool the facility. Vote: 11-0-0-0.

RECREATION & CULTURAL SERVICES

5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – April 16, 2001

Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of April 16, 2001

(a) Youth Commission Monthly Report. Attachment: Memorandum from Jennifer Jeung, Chairperson, San José Youth Commission, dated April 4, 2001, submitting the Youth Commission Report for the month of March 2001.

The Committee accepted the staff report with the direction to schedule the topic of Domestic Violence for the next meeting of the Youth Commission.

(b) Youth Services Master Plan Update. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 4, 2001, submitting an update on the progress of implementing the workplan adopted by the San José Youth Commission.

The Committee accepted the staff report with the following direction:

· A preliminary “Blueprint for Bridging the Digital Divide” be completed in May/June 2001, so resources may be set aside.

· A report on having an individual assigned to geographical areas to negotiate agreements and work with developers when there is a new project or parcel with undeveloped land.

· A pilot program established for hiring youth for summer jobs within the City’s Strong Neighborhoods.

(c) Quarterly Update City/SJSU Joint Library Project. Attachment: Memorandum from City Librarian, Jane Light, dated April 4, 2001, providing a progress report on the City of San José and San José State University new Dr. Martin Luther King, Jr. Library Project.

The Committee accepted the staff report with the direction that the next update include a fundraising timeline.

(d) Report on the implementation/timeline for Skateboarding Parks. Attachment: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated April 4, 2001, providing an update on the progress and steps in the implementation of skate parks in San José.

The Committee accepted the staff report with the following direction:

· Completion of a preliminary report in May, indicating acreage by type, cost by type, and timeline by type.

· A graph on parks presently in operation, showing supervised or unsupervised, size, type, cost, and hours of operation.

(e) Auto Body Ordinance Status Update. Attachment: Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated April 12, 2001, recommending the Education, Neighborhoods, Youth and Seniors Committee [1] approve the Automobile Body Shop Ordinance Workplan and implementation scheduled as outlined in the report; and [2] provide comment and direct staff to return to the Committee with a Final Draft Ordinance and regulatory fee recommendation for review and approval at the May 21, 20091 ENYS Committee meeting.

The Committee accepted the staff report.

(f) Oral petitions

None Presented.

(g) Adjournment

The meeting was adjourned at 2:55 p.m.

Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr. and unanimously carried, the Education, Neighborhoods, Youth and Seniors Committee Report and actions of April 16, 2001, were accepted. Vote: 11-0-0-0.

Council Member Diquisto left Chambers at this point in the meeting.

5.3 Approval of an agreement with Group 4 Architects, Research and Planning, Inc. for consultant services including project design, preparation of construction documents, and construction administration services for the Berryessa Branch Library Project, for the period May 15, 2001 to August 31, 2004, in the amount of $995,235. Council District 4. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated April 11, 2001, recommending Council approve said agreement.

Discussion/Action: Upon motion by Council Member Williams, seconded by Council Member Reed and unanimously carried, the consultant services agreement with Group 4 Architects, Research and Planning, Inc., was approved and execution of the agreement authorized. Vote: 11-0-0-0.

TRANSPORTATION SERVICES

6.2 PUBLIC HEARING and adoption of a resolution approving the conditional vacation of a portion of Fontanoso Avenue immediately east of Hellyer Avenue to reserve a public service easement. CEQA: Resolution No. 70021. Council District 2. (Public Works)

Documents Filed: (1) Memorandum from Acting Director of Public Works Rajeev Batra, dated April 11, 2001, recommending Council conduct the public hearing and adopt said resolution. (2) Notice of Vacation of a portion of Fontanoso Avenue immediately east of Hellyer Avenue, dated April 11, 2001, and Affidavit of Posting of the Notice of Vacation on April 12, 2001, submitted by the Department of Public Works, Development Services Division Project Engineer. (3) Copy of Resolution No. 70246 setting the public hearing to consider whether to conditionally vacate a portion of Fontanoso Avenue, adopted by Council on April 3, 2001, and Proof of Publication of Resolution No. 70246, executed on April 20, 2001, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing on the conditional vacation of the subject property. There was no discussion from the Floor. Upon motion by Council Member Williams, seconded by Council Member Reed and unanimously carried, the public hearing was closed, and Resolution No. 70325, entitled: “Resolution of the Council of the City of San José Conditionally Vacating a Portion of Fontanoso Avenue Immediately East of Hellyer Avenue, and Reserving a Public Service Easement”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.

Council Member Diquisto returned to Chambers at this point in the meeting.

6.3 Approval of an agreement with East of Edenvale, LLC, a California limited liability company, for the purchase of fee title in land for a street right of way and an public service easement as required for the improvement of Hellyer Avenue at 600 Silver Creek Valley Road in San José, APN # 678-14-011, in the amount of $613,000 plus related closing costs; and authorization for the Redevelopment Agency Executive Director and the City Attorney to negotiate and execute the necessary documents to complete the transaction. CEQA: Resolution No. 69699. Council District 2. (Redevelopment Agency)

Documents Filed: None.

Discussion/Action: This Item was renumbered to Item 10.1. See Item 10.1 for Council action taken.

6.4 Approval of a purchase and sale agreement with Dinh Q. Nguyen for the purchase of a slope easement and temporary construction easement for the extension of Hellyer Avenue located at 6515 Alyssa Court in San José, APN # 678-24-071, in the amount of $25,000 plus related closing costs; and authorization for the Redevelopment Agency Executive Director and the City Attorney to execute the related necessary documents to complete the transaction. CEQA: Resolution No. 69699. Council District 2. (Redevelopment Agency)

Documents Filed: None.

Discussion/Action: This Item was renumbered to Item 10.2. See Item 10.2 for Council action taken.

6.5 (a) Approval of an ordinance:

(1) Amending Chapter 11.52 of Title 11 of the San José Municipal Code to modify the regulations applicable to regular freight loading zones and Special Loading/Unloading Permits, and to authorize the establishment of Special Freight Loading Zones to accommodate the unique loading needs of Large Live Entertainment Venues.

(2) Establishing a new Chapter 11.51 of Title 11 of the San José Municipal Code to set forth the regulations applicable to curb markings; and

(3) Establishing a new Chapter 11.54 of Title 11 of the San José Municipal Code to set forth the regulations applicable to Passenger Loading Zones, Bus Zones, and Taxicab Zones with no modification of such regulations.

(b) Adoption of a resolution amending Resolution No. 69650, the 2000-2001 Schedule of Fees, to set forth a fee of $17 for issuing a permit to park in a Special Freight Loading Zone and Special Loading/Unloading Permits.

CEQA: Resolution No. 68839. (Department of Transportation)

(Deferred from 4/10/01 – Item 7.3 et al., and 4/24/01 – Item 6.2)

Documents Filed: (1) Memorandum from Director of Transportation, Wayne K. Tanda, dated April 17, 2001, providing additional information on the eligibility requirements, included within the proposed ordinance, to create a Special Freight Loading Zone. (2) Memorandum from Director of Transportation, Wayne K. Tanda, dated April 4, 2001, recommending Council approve said ordinance and adopt said resolution.

Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando and unanimously carried, Ordinance No. 26356, entitled: “An Ordinance of the City of San José Amending Chapter 11.52 of Title 11 of the San José Municipal Code to Modify the Regulations Applicable to Regular Freight Loading Zones and Special Loading/Unloading Permits, and to Authorize the Establishment of Special Freight Loading Zones to Accommodate Unique Loading Needs; Establishing a New Chapter 11.51 of Title 11 to Set Forth the Regulations Applicable to Curb Markings With No Substantive Modifications to Such Regulations; and Establishing a New Chapter 11.54 of Title 11 to Set Forth the Regulations Applicable to Passenger Loading Zones, Bus Zones, and Taxicab Zones With No Substantive Modification to Such Regulations”, was passed for publication; and Resolution No. 70326, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69650, the Schedule of Fees and Charges for Fiscal Year 2000-2001, to Establish a Fee for a Special Freight Loading Zone Permit and a Fee for a Special Loading/Unloading Permit”, was adopted. Vote: 11-0-0-0.