MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, JANUARY 23, 2001

The Council of the City of San José convened in regular session at 9:31 a.m. in City Council Chambers at City Hall.

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

Absent: Council Members - Chavez (excused).

Vacant: District 5.

Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) In re Hernandez; (2) In re Christianson; (3) Wing and A Prayer, Inc. v. City of San José; (4) County of Santa Cruz v. City of San José, et al.; (5) Sierra Club, et al. v. City of San José; (6) City of Salinas v. City of San José, et al.; (7) Association of Monterey Bay Area Governments v. City of San José, et al.; and to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in one matter involving significant exposure to litigation.

By unanimous consent, Council reconvened from the Closed Session and recessed at 10:45 a.m. and reconvened at 1: 33 p.m. in the Council Chambers.

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

Absent: Council Members - None.

Vacant: District 5.

INVOCATION

Pastor Joseph Wong, The Chinese Church in Christ, delivered the Invocation. (District 1)

PLEDGE OF ALLEGIANCE

Mayor Gonzales led the Pledge of Allegiance.

ORDERS OF THE DAY

Upon motion by Council Member Vice Mayor Shirakawa, Jr., 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 Presentation of plaques to Noemi Baiza, Elias Chamorro, Van Thi Le, Dale Warner, and James Williams for 2 years service on the Project Diversity Screening Committee. (Mayor)

Documents filed: None.

Discussion/Action: Mayor Gonzales presented plaques to Elias Chamorro, Van Thi Le, Dale Warner, and James Williams for service on the Project Diversity Screening Committee. A plaque will be sent to Noemi Baiza, who was unable to be present.

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 items taken as indicated. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.1 Final adoption of Ordinance 26278 - Rezones certain real property situated approximately 950 feet north of Oakland and Brokaw Roads. C 00-08-072

Documents filed: Proof of publication of title of Ordinance No. 26278, executed on January 16, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26278 was adopted. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.2 Final adoption of Ordinance 26279. - Rezones certain real property situated at the southeast corner of North First Street and Baypointe Drive. PDC 00-08-080

Documents filed: Proof of publication of title of Ordinance No. 26279, executed on January 16, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26279 was adopted. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.3 Final adoption of Ordinance 26280 – Authorizes a one-time transfer of $600,000 from the Anti-Tobacco Master Settlement Agreement Revenue Fund’s Anti-Tobacco category to the Education category for Cycle 2 (2001-2002) under Ordinance 26140.

Documents filed: Proof of publication of title of Ordinance No. 26280, executed on January 16, 2001, submitted by the City Clerk.

Discussion/Action: Ordinance No. 26280 was adopted. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.4 Adoption of appropriation ordinance amendment in the Federal Drug Forfeiture Fund to increase the Police Department’s non-personal expenses appropriation and decrease the ending fund balance for expenses related to the purchase of motorcycle radios. (City Manager’s Office/Police)

Documents filed: Memorandum from Chief of Police, William M. Lansdowne, and from Budget Director Larry D. Lisenbee, dated January 3, 2001, recommending adoption of said ordinance amendment.

Discussion/Action: Ordinance No. 26286, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the Federal Drug Forfeiture Fund in the Amount of $37,200, for the Purchase of Motorcycle Radios; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.7 Approval of a third amendment to the agreement with R.W. Beck Inc. for solid waste consulting services, increasing the compensation by $250,000, from $450,000 to $700,000, and expanding the scope of services to include database development, cost modeling, and transition support. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 3, 2001, recommending approval of the amendment to said agreement with R.W. Beck Inc.

Discussion/Action: The Third amendment to said agreement with R.W. Beck Inc. was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.8 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #26, 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 January 3, 2001, recommending approval of said open purchase orders.

Discussion/Action: The award of open purchase orders List No. 26 was approved and the Director of General Services authorized to execute the purchase orders. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.9 Report on bids and award the purchase of one (1) step type van with aerial workbasket to the lowest responsive bidder, Pacific Utility Equipment Co., at a total cost of $144,033.39, including tax, and authorization for the Director of General Services to execute the purchase order for the:

(a) Immediate purchase of one (1) unit; and

(b) Subsequent purchase of additional units at the same bid price, for one (1) year, without further Council action other than the appropriation of necessary funds.

(General Services)

Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated January 3, 2001, recommending award of said purchase to the lowest responsive bidder, Pacific Utility Equipment Co.

Discussion/Action: The award of purchase to the lowest responsive bidder, Pacific Utility Equipment Co., was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.10 Report on Request for Quotation and award the installation of bird-proofing products in downtown parking garages to The Pied Piper Exterminator, Inc., for a total cost of $103,528, including tax, and authorization for the Director of General Services to execute the service order, and approval of $10,000 supplemental funds for unforeseen work that may occur. CEQA: Exempt. (General Services)

Documents filed: Memorandum from Director of General Services, Steve S. Yoshino, dated January 3, 2001, recommending award of said contract to The Pied Piper Exterminator, Inc.

Discussion/Action: The award of said contract to The Pied Piper Exterminator, Inc. was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.11 Approval to increase compensation for the 1999-00 Street Resurfacing – Measure A/B Funded Project.

Recommendation: Approval of Contract Change Order No. 3 for the 1999-00 Street Resurfacing – Measure A/B Funded Project with O’Grady Paving Inc., in an amount not to exceed $252,370, for a total contract amount of $5,438,571.50. CEQA: Exempt. (Public Works)

Approved

Staff was directed to ensure compliance with the contract relative to enforcement of timely materials/debris removal.

2.12 (a) Adoption of a resolution of intention to vacate a portion of Baroni Avenue, between Capitol Expressway and Vista Park Drive, consisting of approximately 84,000 square feet, and reserving a public service easement over the entire area to be vacated.

(b) Direction to staff to negotiate with the adjacent property owner to dispose of all the City’s interest in the vacated portion of Baroni Avenue at fair market value.

CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, dated January 3, 2001, recommending adoption of said resolution.

Discussion/Action: Resolution No. 70130, entitled: “A Resolution of the Council of the City of San José Setting a Public Hearing to Consider Whether to Vacate a Portion of Baroni Avenue, Capitol Expressway and Vista Park Drive”, was adopted. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.13 Approval of substitutions of five subcontractors, Adolph’s Glass, Fabco Specialties, West Valley Plumbing, Elite Plastering, and Culberson Drywall, for the Terminal C South Concourse Restrooms Rebid Project, at no additional cost to the City. CEQA: Resolution No. 67380. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works, dated January 3, 2001, recommending approval of the substitutions of five subcontractors, Adolph’s Glass, Fabco Specialties, West Valley Plumbing, Elite Plastering, and Culberson Drywall, for said Project.

Discussion/Action: The substitutions of five subcontractors, Adolph’s Glass, Fabco Specialties, West Valley Plumbing, Elite Plastering, and Culberson Drywall, for the Terminal C South Concourse Restrooms Rebid Project were approved. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.14 Approval of Contract Change Order No. 3 with RGW Construction, Inc., for the Boulder Drive Sanitary Sewer Emergency Reconstruction Project for additional road resurfacing and pavement restriping work, in the amount of $106,140, for a total contract amount of $450,084, and a time extension of five (5) working days, for a total of fifty-five (55) working days. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 3, 2001, recommending approval of Contract Change Order No. 3 with RGW Construction, Inc. for said project.

Discussion/Action: Contract Change Order No. 3 to said contract with RGW Construc-tion, Inc., was approved and its execution authorized. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.15 Approval of Board of Directors appointments for the Silicon Valley Pollution Prevention Center:

(a) Governmental Representative for a term ending December 31, 2002.

(b) Business/Industrial Representative for a term ending December 31, 2001.

(Environmental Services)

(Rules Committee referral 1/17/01)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 3, 2001, recommending said appointments to the Board of Directors for the Silicon Valley Pollution Prevention Center.

Discussion/Action: The following appointments to the Silicon Valley Pollution Prevention Center’s Board of Directors were approved: (1) Robin Saunders, Director of Water and Sewer Utilities of the Silicon Valley Pollution Prevention Center, was appointed as Government Representative for a term ending December 31, 2002; and Justin Bradley, Environmental Programs Director of the Silicon Valley Manufacturing Group, was appointed as Business/Industrial Representative for a term ending December 31, 2001. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.5 Adoption of a resolution authorizing the City Manager to submit an application to the David and Lucile Packard Foundation for a two-year grant to support multicultural arts development programs, in an amount not to exceed $100,000, and to accept the grant if awarded. (Conventions, Arts and Entertainment)

Documents filed: Memorandum from Nancy Johnson, Director, Conventions, Arts and Entertainment, dated January 3, 2001, recommending adoption of said resolution.

Discussion/Action: This item was pulled from the Consent Calendar by Council Member Chavez. Council Member Chavez stated non-profits are having difficulties in finding facilities and she requested Staff review a mechanism of providing support to-non-profits in locating facility sites, either through this program or with an expanded support role outside of the subject grant. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., Resolution No. 70131, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Execute and Submit an Application to the David and Lucile Packard Foundation for a Two-Year Grant to Support Multi-Cultural Arts Development Programs in an Amount Not to Exceed $100,000, to Accept the Grant if Awarded, and to Execute All Related Documents”, was adopted. Vote: 9-0-1-0-1. Absent: Dando. Vacant: District 5.

2.6 Adoption of a resolution authorizing the City Manager to negotiate and execute a consultant agreement with PSOMAS for the period February 1, 2001 to December 31, 2001, in an amount not to exceed $135,000, to provide for assistance to San José Municipal Water System staff in the preparation of a Water Utility Management Plan. (Environmental Services)

Documents filed: Memorandum from Director of Environmental Services, Carl W. Mosher, dated January 3, 2001, recommending adoption of said resolution.

Discussion/Action: This item was pulled form the Consent Calendar by Council Member Chavez. Questions were raised by Council Members Chavez, Vice Mayor Shirakawa, Jr., and by Council Member Williams about including line employees in the process and including the City’s competition policy in all discussions, about mechanisms to assist employees in competing in the RFP bid process, and about exploring alternatives for displaced employees and ensuring those employees are given appropriate consideration for other positions. Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Resolution No. 70132, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with PSOMAS for the Period of February 1, 2001 to December 31, 2001, in an Amount Not to Exceed $135,000”, was adopted, and Staff was directed to include in the process the issues discussed, including priority consideration of displaced employees if the operation or management of the system is conveyed to an outside firm, and implications of the City’s competition policy as it relates to the proposed Request for Proposals. Vote: 10-0-0-0-1. Vacant: District 5.

2.11 Approval of Contract Change Order No. 3 for the 1999-00 Street Resurfacing - Measure A/B Funded Project with O’Grady Paving Inc., in an amount not to exceed $252,370, for a total contract amount of $5,438,571.50. CEQA: Exempt. (Public Works)

Documents filed: Memorandum from Rajeev Batra, Acting Director of Public Works, dated January 3, 2001, recommending approval of Contract Change Order No. 3 to said contract with O’Grady Paving Inc.

Discussion/Action: Addressing the issue of ensuring the contractor cleans up the area after the work is completed, Council Member Reed referenced situations where materials were left at the site for months after work was completed and asked what Staff requires of the contractor, what enforcement is used, and what is the procedure for resident complaints. Acting Director of Public Works Rajeev Batra stated each project has a City inspector assigned to ensure compliance with the requirements of the bid documents. Mayor Gonzales stated Council would like Staff to make strong enforcement a higher priority. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, Contract Change Order No. 3 to said contract with O’Grady Paving Inc., was approved, and Staff was directed to ensure compliance with the contract relative to enforcement of timely materials/debris removal. Vote: 10-0-0-0-1. Vacant: District 5.

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – January 10, 2001

Vice Mayor Shirakawa, Jr., Chair

Documents filed: Rules Committee report of January 10, 2001.

(a) Review January 23, 2001 Draft Agenda

The Committee approved the January 23, 2001 City Council agenda.

(b) Add New Items to January 16, 2001 Amended Agenda

The Committee recommended five additions to the January 16, 2001 City Council Agenda.

(c) Meeting Schedules. Attachment: Memorandum from Deanna Santana, Assistant to the City Manager, dated December 19, 2000, revising the City Council meeting schedule.

City Clerk Patricia L. O’Hearn informed the Committee that Rules-In-Lieu met on December 20, 2000 and approved an evening Council session on January 23, 2001.

(d) The Public Record Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated January 4, 2001, listing the items transmitted to the Administration and those items filed for the Public Record for the period December 6, 2000-January 2, 2001.

The Committee noted and filed the Public Record.

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

There were none.

(f) Oral communications

None were presented.

(g) Adjournment

The meeting was adjourned at 2:05 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 January 10, 2001, were accepted. Vote: 10-0-0-0-1. Vacant: District 5.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Adoption of a resolution approving business terms for:

(a) An acquisition/predevelopment loan of up to $1,599,028 to Mexican American Community Services Agency, Inc., (MACSA) for the development of the 50-unit Girasol II Housing Project affordable to extremely low-income seniors on a 1.56 acre portion of a parcel located on the southerly terminus of Kentucky Place, southerly of Alum Rock Avenue.

(b) An acquisition loan of up to $271,813.00 to MACSA to acquire the .25 acre portion of a parcel located on the southerly terminus of Kentucky Place, southerly of Alum Rock Avenue, to be sold to a subsequent affordable housing developer.

CEQA: ND. (Housing)

Documents filed: Memorandum from Director of Housing, Alex Sanchez, dated January 3, 2001, recommending adoption of said resolution.

Discussion/Action: Council Member Dando requested when Staff brings back similar proposals for senior facilities, that Staff explore the possibility of including child care in or in close proximity to the senior facilities and report back through the Economic Development and Environment Committee. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, Resolution No. 70133, entitled: “A Resolution of the Council of the City of San José (i) Approving up to $1,599,028 and $271,813 for Acquisition and Predevelopment Loans to Mexican American Community Services Agency, Inc., or Their Designated Limited Partnership for the Development of 50 Unit Rental Housing Project Affordable to Extremely Low Income Persons and Families, and (ii) Authorizing the Director of Housing to Negotiate and Execute All Necessary Documents Evidencing Such Loans on Behalf of the City”, was adopted, and Staff was directed to work with the Department of Parks, Recreation and Neighborhood Services on the potential for locating child care in or in close proximity to senior facilities on similar projects and report back through the Economic Develop-ment and Environment Committee. Vote: 10-0-0-0-1. Vacant: District 5.

4.3 Adoption of a resolution approving business terms for an acquisition/pre-development loan of up to $2,775,000 to ROEM Development Corporation, or its designated partnership, for the development of the 66-unit Rose Avenue senior housing project with 65 units affordable to very low-income seniors and one unrestricted manager's unit on a 1.35-acre site located at 3071 Rose Avenue, between Capitol Avenue and South White Road. CEQA: ND. (Housing)

Documents filed: Memoranda from Director of Housing, Alex Sanchez, dated January 3 and 18, 2001, recommending adoption of said resolution.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, Resolution No. 70134, entitled: “A Resolution of the Council of the City of San José Approving Business Terms for an Acquisition/Predevelopment Loan of up to $2,775,000 to ROEM Development Corporation, or its Designated Partnership for the Development of the 66-Unit Rose Avenue Senior Housing Project with 65 Units Affordable to Very Low Income Seniors and One Unrestricted Manager’s Unit on a 135-Acre Site Located at 3071 Rose Avenue Between Capitol Avenue and South White Road”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

4.4 (a) PUBLIC HEARING on the proposed formation of Community Facilities District No. 5 (North Coyote Valley).

(b) Adoption of a resolution of formation for Community Facilities District
No. 5 (North Coyote Valley), authorizing the levy of a Special Tax therein, preliminarily establishing an appropriations limit, and submitting the levy of the Special Tax and the appropriations limit to the qualified electors.

(c) Adoption of a resolution calling a special election of property owners in the proposed CFD No. 5.

CEQA: Resolution No. 69957. (Public Works)

(Continued from 11/7/00 – Item 10a)

Documents filed: None.

Discussion/Action: This item as continued to February 13, 2001.

JOINT COUNCIL/REDEVELOPMENT AGENCY

Council convened the Redevelopment Agency Board at 2:04 p.m. to consider Item 10.1 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;

(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;

(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)

Documents filed: None.

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

The Redevelopment Agency Board adjourned at 2:05 p.m.

OPEN FORUM

No Oral Communications presented.

RECESS/RECONVENE

Following Open Forum, Council recessed at 2:06 p.m. and reconvened at 7:02 p.m. in Council Chambers, City Hall to hear Item 8.1 in conjunction with a Council Study Session to discuss a proposed amendment to the Airport Master Plan.

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

Absent: Council Members - None.

Vacant: District 5.

AVIATION SERVICES

8.1 (a) Discussion of a resolution approving a Minor Amendment to the Airport Master Plan to modify the description and scheduling of terminal area development projects; and

(b) Discussion of an ordinance amending Sections 25.04.310 and 25.04.440 of Parts 3 and 4 of Chapter 25.04 of the San José Municipal Code to make technical amendments to conform the description of terminal area improvements in the Master Plan to the Minor Amendments that have been approved to date, and to replace reference to “chapter” with “part” to clarify Council intent to obtain voter approval for amendment of the Airport Traffic Relief provisions specified in Part 4 of Chapter 25.04 of the Code.

CEQA: Resolution No. 67380. (Airport)

(Deferred from 12/12/00 – Item 9d)

Documents filed: (1) Memoranda from Director of Aviation, Ralph G. Tonseth, dated January 12, 2001, recommending Council adopt a resolution approving a Minor Amendment to the Airport Master Plan to modify the description and scheduling of terminal area development projects; and approve an ordinance amending certain sections of the San José Municipal Code to make technical amendments to conform the description of terminal area improvements in the Master Plan to the Minor Amendments that have been approved to date, and to clarify Council intent to obtain voter approval for amendment to the Airport Traffic Relief Act (ATRA) provisions specified in Part 4 of Chapter 25.04 of the Code. (2) Memorandum from City Attorney Richard Doyle, dated January 12, 2001, providing analysis of Staff’s recommendation for a Minor Amendment to the Airport Master Plan and advising that Council, in its discretion, may approve the proposed Minor Amendment containing text changes to the Airport Master Plan to incorporate the proposed “swapping” of locations for rental car and public parking, roadway and access improvements and the on-Airport infrastructure for an Airport People Mover (APM), and the reconfigured, centralized 31 date terminal facility with the added gates to follow when the conditions of the ATRA ordinance have been met, and if such actions are taken, Council should approve an ordinance making the recommended technical amendments to the San José Municipal Code. (3) Memorandum from Mayor Gonzales, dated January 23, 2001, recommending Council defer action on the proposed amendments from the now-scheduled January 30, 2001, date until Staff can return to Council with an implementation plan that allows the City to build any approved facility in compliance with airport traffic requirements contained in the ATRA ordinance, and establishing the purpose of the Council Study Session for discussion of the proposed Minor Amendment to the Airport Master Plan. (4) Hard copies of the slide presentation given by Director of Aviation Ralph Tonseth and Airport Project Design Manager Douglas Jones.

Discussion/Action: Mayor Gonzales stated Council will recess to a Council Study Session for a Staff presentation on the proposed amendment to the Airport Master Plan, to receive public testimony and for Council to discuss the proposed amendment. He stated questions have been asked by the Council and community regarding the compliance of construction plans with the City’s ATRA ordinance which was adopted by a previous City Council in December, 1999. Based on his past commitments and those made by that City Council as embodied in the ordinance, he stated he cannot support any improvement plan unless he believes it conforms with the ordinance, and to ensure that Council moves in that direction, he recommended that at conclusion of tonight’s meeting, any final action on this item be deferred from the scheduled January 30, 2001 meeting until Staff can return to Council with an implementation plan that allows the City to build any new airport facility in compliance with the City’s ATRA ordinance. In the future, when Staff is ready, he stated Council will conduct a Special Study Session that focuses on the construction plans, related issues and its conformance with that ordinance. He stated the Study Session will allow further public comment at that time, and the approach will allow all concerned parties more time and information to hear and better understand the proposed changes at the airport before Council makes any decisions, and allow Staff more time to develop a construction implementation that is in compliance with the City ordinance. He stated this approach will demonstrate the Council’s commitment to listen to the public’s concerns as they work through the difficult and important issues related to the necessary improvements at the airport and will result in making the best decision possible on this complex and sensitive issue for the benefit of the neighbors and passengers of the airport and of the entire community. By unanimous consent, Council accepted Mayor Gonzales’ recommendation to defer action on the proposal for a new facility configuration from the scheduled January 30, 2001 date until Staff can return with a Construction Implementation Plan that allows the City to build any new airport facility in compliance with the City’s Airport Traffic Relief Act (ATRA) ordinance, and directed the Administration to report back to Council with a construction implementation plan that allows the City to build a new facility in a way that is in compliance with the City’s Airport Traffic Relief Act ordinance, and to schedule public outreach meetings in neighborhoods and at the airport on a priority basis. Following the Council meeting, Council was to meet in Special Study Session to receive the Staff presentation and public testimony by twelve individuals, and to conduct Council discussion on the proposed Airport Master Plan Amendment---Refer to Study Session minutes of January 23, 2001, for the complete Study Session discussions.

ADJOURNMENT

The Council of the City of San José adjourned at 7:05 p.m., to a Study Session to discuss a proposed amendment to the Airport Master Plan.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK

by NANCY ALFORD, ASSISTANT CITY CLERK