CSJ - 2/6/01 City Council Meeting Minutes

MINUTES OF THE CITY COUNCIL

SAN JOSÉ, CALIFORNIA TUESDAY, FEBRUARY 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 Garbarino v. City of San José; Wiley v. City of San José, et al.; Hansen v. City of San José; Tallam v. City of San José, et al.; City of San José v. American G.I. Forum; and City of San José v. Morgan Hill Unified School district, et al.; (B) to confer with Legal Counsel regarding anticipated litigation (a) of a matter where there is significant exposure to litigation pursuant to subsection (b) of Section 54956.9 of the Government Code, and (2) to discuss two matters in the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code.

By unanimous consent, Council reconvened from Closed Session and recessed at 11:45 a.m. and reconvened at 1:30 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 Ronald Shaw, Sunrise Valley Baptist Church, delivered the invocation.

(District 2)

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 Williams 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 commendation and award of the Outstanding Employee Recognition Award to the Conventions, Arts and Entertainment’s Facility Repair Team. (City Manager’s Office)

Documents Filed: None.

Discussion/Action: Joining Mayor Gonzales at the Podium were City Manager Del D. Borgsdorf, Director of Conventions, Arts and Entertainment Nancy Johnson, and Team Members Steven Rodriguez, Frank Hepburn, and José Campos. The City Manager introduced the honorees and presented the plaque, which will be displayed in the Lobby at City Hall, and Mayor Gonzales presented commendations and monetary awards to each employee. Nancy Johnson expressed appreciation for the Teams’ outstanding work in rendering City facilities Y2K and ADA compliant, particularly the Convention Center and various cultural facilities throughout the City of San José.

1.2 Presentation of plaques to Judy Nissila for 10 years service on the Council Salary Setting Commission, to Stephen Sanger for 2 years service on the Council Salary Setting Commission, to Daniel Hernandez for 4 years service on the Disadvantaged Business Development Commission, to Karl Kato for 2 years 5 months service on the Human Rights Commission, to Micheal Lyons for 2 years service on the Human Rights Commission, and to Warren Vincent for 4 years service on the Human Rights Commission. (Mayor)

Documents Filed: None.

Discussion/Action: On behalf of the City Council, Mayor Gonzales presented plaques to Judy Nissila, Stephen Sanger, and Warren Vincent, and expressed appreciation to the volunteers for their contributions to the City of San José. Plaques for Daniel Hernandez, Karl Kato, and Micheal Lyons will be mailed, as the honorees were unable to attend the Council Meeting.

1.3 Presentation of commendations to Kelly Bennett and Michelle Houde for their clear-headed action that helped save lives. (Mayor).

(Orders of the Day)

Documents Filed: None.

Discussion/Action: Mayor Gonzales presented commendations to Kelly Bennett and Michelle Houde in recognition of their acts of heroism that led to the arrest of a 19-year old suspect planning to place bombs around DeAnza Community College campus in Cupertino. Mayor Gonzalez acknowledged San José Police Officers Paul Hamblin, Cassondra Lansberry, and Sgt. Robert Mendiola for their quick response in thwarting a planned attack on the 25,000-student campus, and announced plans for a formal recognition to be held at the San José Arena honoring the Police Officers and the students for their heroic efforts.

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 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Tax Compliance Services to provide Transient Occupancy Tax compliance and consulting services for the period February 15, 2001 to January 31, 2002, at a cost not to exceed $79,500, with three (3) one-year options to extend the agreement at a cost not to exceed $40,000 for each additional option year, for a total compensation not to exceed $199,500. (Finance)

Documents Filed: (1) Supplemental Memorandum from Director of Finance, Scott P. Johnson, dated February 5, 2001, recommending Council authorize the City Manager to execute the options to extend the term of the agreement with Tax Compliance Services. (2) Memorandum from Acting Director of Finance, Mark Burton, dated January 17, 2001, recommending Council adopt said resolution.

Discussion/Action: Resolution No. 70145, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement With Tax Compliance Services for Transient Occupancy Tax Compliance and Consulting Services in an Amount Not to Exceed $79,500 For the Initial Term of February 15, 2001 Through January 31, 2002, With Three One-Year Options to Extend for a Total Maximum Compensation Not to Exceed $199,500”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.2 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2000-2001 #27, 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 17, 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. 27 for Fiscal Year 2000-2001 was approved and execution of the purchase orders authorized. Vote: 10-0-0-0-1. Vacant: District 5.

2.3 Report on bids and award of contract for the Canoas Park Tot Lot Renovation Project to the low bidder, West Coast Engineering, Inc., in the amount of $150,000 to include the base bid and Add Alternates 1 and 2, and approval of a contingency in the amount of $15,000. CEQA: Exempt. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 17, 2001, recommending Council accept the bid report and award said contract to the low bidder and approve said contingency amount.

Discussion/Action: The report on bids was accepted and award of contract to West Coast Engineering, Inc., the low bidder, and the $125,000 contingency were approved, and execution of the contract authorized. Vote: 10-0-0-0-1. Vacant: District 5.

2.4 (a) Report on bids and award of contract for the Los Paseos Park Renovation Project to the low bidder, Boulder Rock Landscape, Inc., in the amount of $256,160, to include the base bid only, and approval of a contingency in the amount of $25,000. CEQA: Exempt. (Public Works)

(b) Adoption of appropriation ordinance amendments in the Council District 2 Construction and Conveyance Tax Fund, increasing the appropriation for the Los Paseos Park Renovation Project by $25,000. (City Manager’s Office)

Documents Filed: (1) Memorandum from Acting Director of Public Works Rajeev Batra, dated January 17, 2001, recommending Council accept the bids report and award said contract to the low bidder and approve said contingency. (2) Memorandum from Budget Director, Larry D. Lisenbee, dated January 16, 2001, recommending Council adopt said appropriation ordinance amendments in the Council District 2 Construction and Conveyance Tax Fund.

Discussion/Action: The report on bids was accepted and award of contract to Boulder Rock Landscape, Inc., the low bidder, and a contingency in the amount of $25,000 were approved and execution of the contract authorized; and Ordinance No. 26291, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 Which appropriates Moneys in the Council District 2 Construction and Conveyance Tax Fund in the Amount of $25,000, for the Los Paseos Park Renovation project; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

2.5 Approval of a continuation agreement with CH²M Hill, Inc., for the Old Oakland Road Storm Drain Pump Station Project, extending the term of the agreement from December 1, 2000 to December 1, 2001, at no additional cost to the City. CEQA: Exempt. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 17, 2001, recommending Council approve said agreement.

Discussion/Action: The continuation agreement with CH²M Hill, Inc. was approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 5.

2.6 Final adoption of Ordinance 26196 – Adopts the Neighborhood Business Clusters Redevelopment Plan and makes certain findings.

[Deferred from 9/19/00 – Item 6b(4) et al., and 1/30/01 – Item 2.1]

Documents Filed: None.

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

2.7 Final adoption of Ordinance 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 1/30/01 – Item 2.2]

Documents Filed: None.

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

2.8 Approval of the plans, final map, and contract for Tract No. 9271 –SE/C of Murillo Avenue and Chaboya Road – Pfeiffer Ranch Investors, Inc., A California Corporation (Developer) – 49 single family detached residential units. Adoption of resolutions approving the plans, final map, and contract for Tract No. 9271. CEQA: Resolution No. 63179. District 8. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 30, 2001, recommending Council adopt said resolutions for Tract No. 9271.

Discussion/Action: Resolution No. 70146, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans For Tract No. 9271”; Resolution No. 70147, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9271”; and Resolution No. 70148, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9271”, were adopted Vote: 10-0-0-0-1. Vacant: District 5.

2.9 Approval of the plans, final map, and contract for Tract No. 9295 – Camden Avenue (E/S), S/O Del Paso Avenue – Paloma Villas LLC, a California Limited Liability Company, By: Rockwell Homes, Inc., a California Corporation, its Managing Member (Developer) – 12 single family detached residential units. Approval of a parkland agreement and adoption of resolutions approving the plans, final map, and construction contract for Tract No. 9295. CEQA: ND. District 9.

(Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 30, 2001, recommending Council approve the parkland agreement with said developer and adopt said resolutions for Tract No. 9295.

Discussion/Action: The parkland agreement with Paloma Villas LLC, was approved and its execution authorized; and Resolution No. 70149, entitled: “A Resolution of the Council of the City of San José Fixing Official Curb Grades and Position of Curbs, and Adopting Plans For Tract No. 9295”; Resolution No. 70150, entitled: “A Resolution of the Council of the City of San José Approving and Accepting Final Map of Tract No. 9295”; and Resolution No. 70151, entitled: “A Resolution of the Council of the City of San José Approving and Authorizing the Execution of Contract and Approving Bonds for the Improvement of Tract No. 9295”, were adopted Vote: 10-0-0-0-1. Vacant: District 5.

END OF CONSENT CALENDAR

STRATEGIC SUPPORT SERVICES

3.2 Report of the Rules Committee – January 24, 2001

Documents Filed: Rules Committee Report of January 24, 2001.

(a) Redevelopment Agency

(1) Redevelopment Agency items will report out at the Redevelopment Agency meeting

The Committee referred the report to Redevelopment Agency Board.

(b) City Council

(1) Review February 6, 2001 Draft Agenda

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

(2) Add New Items to January 30, 2001 Amended Agenda

The Committee recommended three additions to the January 30, 2001 City Council Agenda.

(1) Amendments to Council Committee Agendas

(a) Finance and Infrastructure Committee

The Committee approved the February 14, 2001 Draft Agenda for the Finance and Infrastructure Committee.

(b) Economic Development and Environment Committee

No Amendments Presented.

(d) Ad Hoc Traffic Calming Advisory Committee. Attachment: Memorandum from Mayor Gonzales and Council Member Reed, dated January 24, 2001, recommending the Rules Committee approve the Traffic Calming Advisory Committee Workplan as detailed therein.

The Committee recommended approval of the Ad Hoc Traffic Calming Advisory Committee’s Workplan.

(d) Meeting Schedules. Attachment: Memorandum Assistant to the City Manager, Deanna J. Santana, dated January 22, 2001, recommending approval of the proposed dates for an Adjourned City Council meeting, General Plan Hearing, and a City Council Study Session.

The Committee directed the Administration to include a discussion of Legislative Priorities/Policies during the February 21-22, 2001 meetings and recommended approval of the following meetings:

· February 21-22, 2001, 8:00 a.m. – 12:00 Noon

Adjourned City Council Meeting on “City Council Referral Prioritization”

· February 20, 2001, 7:00 p.m.

General Plan Hearing on Land Use Amendments

· March 2, 2001, 8:00 a.m. – 12:00 Noon

City Council Study Session on the Region’s Energy Needs

(e) The Public Record. Attachment: Memorandum from City Clerk, Patricia L. O’Hearn, dated January 18, 2001, listing the item transmitted to the Administration for the Public Record for the period January 10-16, 2001.

The Committee noted and filed the Public Record for the period January 10-16, 2001.

(f) Request by Council Member Dando to use Council General Funds for attendance at the League of California Cities’ Mayors and Council Members Institute in Sacramento, CA, January 10-11, 2001. Attachment: Memorandum from Council Member Dando, dated January 8, 2001, submitting an authorization for use of Council General Funds for the purpose of attending the League of California Cities Mayors and Council Members Institute in Sacramento, CA. (2) Memo-randum from City Clerk, Patricia L. O’Hearn, dated January 17, 2001, complying with Council Policy 9-5 regarding requests to use Council General Funds.

The Committee approved Council Member Dando’s request to use Council General funds for attendance at the League of California Cities’ Mayors and Councilmembers Institute in Sacramento, CA, January 10-11, 2001.

(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 2:20 p.m.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Yeager and unanimously carried, the Rules Committee Report and actions of January 24, 2001 were accepted. Vote: 10-0-0-0-1. Vacant: District 5.

3.4 Acceptance of the survey results from the 2000 San José Community Survey.

(City Manager’s Office)

Documents Filed: (1) Memorandum from Mayor Gonzales, dated February 6, 2001, recommending Council accept the report and direct the Administration to (a) develop plans to (a) address issues identified by the survey results, and (b) improve public outreach, communication and marketing efforts in areas suggested by the survey. (2) Memorandum from City Manager, Del D. Borgsdorf, dated January 23, 2001, attaching the 2000 Community Survey Report of Survey Results and recommending Council accept said report. (3) Copy of staff presentation on the results of 2000 community survey prepared by Fairbank, Maslin, Maullin & Associates.

Discussion/Action Pamela Jacobs, Assistant to the City Manager and QUEST Partnership Program Director, introduced Richard Maullin and Dave Medst from the consultant firm of Fairbank, Maslin, Maullin & Associates, who conducted the San José Community survey and presented a comprehensive summary of the methodology utilized in the survey and the key findings, which reflect positive perceptions about San José and the services provided by the City. Following Council deliberation of various aspects of the survey, Mayor Gonzales stated the principal purpose of the baseline survey was to identify broad areas for City improvement, provide data to facilitate improvement of City services, and improve responsiveness to City efforts to meet community expectations. He stated the results will be used as benchmark performance measures in business plans, for identification of opportunities for improvement and further inquiry through focus groups or targeted surveys, and as a practical guide for future improvements. He recommended Council approve the recommendations as proposed in the February 6, 2001 memorandum. Upon motion by Vice Mayor Shirakawa Jr., seconded by Council Member Chavez and unanimously carried, the report of the community survey results was accepted and the Administration directed to (b) develop plans to address issues identified by the survey results in order to improve municipal services; (b) develop plans to improve public outreach, communication, and marketing efforts in areas suggested by the survey; (c) include in the follow-up report specific data on “pedestrian traffic” as a component in the types of traffic flow; and (d) to consider in light of the Strong Neighborhoods Initiative other elements of measurement which will better define communications between the City and the residents, and to include the component as a subset on an ongoing basis. Vote: 10-0-0-0-1. Vacant: District 5.

3.5 Approval of City Auditor Gerald Silva’s travel through June 30, 2001, at a cost to the City of $1,242. Funding: City Auditor’s Non-Personal budget. (City Auditor)

(Rules Committee referral 1/31/01)

Documents Filed: Memorandum from City Auditor, Gerald A. Silva, dated January 25, 2001, requesting permission to attend referenced meetings and conferences in accordance with Council policy.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Yeager and unanimously carried, the City Auditor’s travel calendar was approved. Vote: 10-0-0-0-1. Vacant: District 5.

ECONOMIC & NEIGHBORHOOD DEVELOPMENT

4.2 Approval of the proposed process for completing the federally required 2001 Consolidated Plan Annual Action Plan. (Housing)

Documents Filed: Memorandum from Director of Housing Alex Sanchez, and Director of Parks, Recreation and Neighborhood Services Mark Linder, dated January 17, 2001, recommending Council approve the proposed process.

Discussion/Action: Upon motion by Council Member Reed, seconded by Council Member Chavez and unanimously carried, the proposed process for completing the federally required 2001 ConPlan Annual Action Plan was approved. Vote: 10-0-0-0-1. Vacant: District 5.

RECREATION & CULTURAL SERVICES

5.1 Report of the Education, Neighborhoods, Youth, and Seniors Committee – January 22, 2001

Documents Filed: Education, Neighborhoods, Youth, and Seniors Committee Report of January 22, 2001.

(a) Youth Commission Monthly Report. Attachment: Memorandum from Youth Commission Chair Jennifer Leung, dated January 10, 2001, submitting the monthly report for the meetings of November 20, 2000 and December 18, 2000.

The Committee accepted the report.

(b) Status Report on City Education Policy. Attachments: (1) Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated January 10, 2001, recommending acceptance of the status report on the City Education Policy. (2) Copies of staff presentations on the City Education Policy. (3) School Age Growth & Enrichment (SAGE) Matrix directory of San José’s public elementary and middle schools describing types of out-of-school time programs available to students.

San José Smart Start

Safe Schools

Schools/City Collaborative Workplan

Homework Centers Status Report

LEARNS Update

SAGE Matrix

Youth Employment

The Committee accepted the status report.

The Committee accepted the report and forwarded it to Council with the following recommendations: (1) That the program be evaluated at the end of the first year of implementation; (2) that sufficient staff resources be made available to ensure the effectiveness of the implementation and education phase; and (3) that Code Enforcement personnel work with the Police Department to ensure that efforts related to the homeless and abandoned carts are coordinated.

Discussion/Action: See Item 5.2 for Council action taken.

(d) Oral petitions

None Presented.

(e) Adjournment

The meeting was adjourned at 3:05 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 January 22, 2001 were accepted with Item 5.1(c) acted upon at Item 5.2. Vote: 10-0-0-0-1. Vacant: District 5.

5.2 Approval of an ordinance for the prevention of abandoned carts and to facilitate the retrieval of abandoned carts on public property.

(a) (1) Approval of an ordinance amending Title 9 of the San Jose Municipal Code to add a new Chapter regarding the prevention of abandoned carts from retail/commercial premises and facilitate the retrieval of abandoned carts on public property.

(2) Authorization for the creation of Code Enforcement Inspector and Senior Office Specialist positions in the Planning, Building and Code Enforcement Department and a Maintenance Worker II position in Streets and Traffic.

(3) Approval of the outreach and implementation plan outlined in this report.

(Planning, Building and Code Enforcement)

(b) (1) Adoption of a resolution amending the 2000-01 Schedule of Fees to establish the abandoned cart prevention plan fee in the amount of $135 for businesses with 26-100 carts and $150 for businesses with more than 100 carts.

(2) Adoption of appropriation ordinance and funding sources resolution amendments in the General Fund for the implementation of the Abandoned Cart Program.

(City Manager’s Office)

[Education, Neighborhoods, Youth, and Seniors Committee referral 1/22/01 - Item 5.1(c)]

Documents Filed: (1) Supplemental Memorandum from Assistant to the City Manager, Cynthia Bojorquez, dated February 6, 2001, correcting an error in the text of the original staff report. (2) Memorandum from Assistant to the City Manager, Deanna J. Santana, dated January 31, 2001, transmitting the two staff reports presented to the ENYS Committee. (3) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated February 5, 2001, providing additional information on requested items. (4) Electronic Mail from Lisa Jensen, dated February 6, 2001, supporting approval of the proposed shopping cart ordinance.

Discussion/Action: Cynthia Bojorquez, Assistant to the City Manager, Code Enforcement Inspector Jamie Matthews, and Deputy Director of Code Enforcement Steve Emslie, reviewed their presentation made to the Education, Neighborhoods, Youth and Seniors Committee, involving the development of and guiding principles for the ordinance, primary responsibility of the ordinance, components of the cart prevention plan and exemptions applicable to retail or other commercial uses providing cart service, the five elements of the implementation process, cost implications for the implementation of the project and additional staff resources in the Departments of Code Enforcement and Streets and Traffic, and summarized the proposed schedule necessary to implement the Program. As a point of clarification, Cynthia Bojorquez stated the original staff recommendation contained an incorrect estimated number of businesses required to submit an initial Abandoned Cart Prevention Plan and the initial plan review fee for businesses with 26 to 100 carts. She stated, according to staff estimates, approximately 4,443 businesses will be required to submit an initial Abandoned Cart Prevention Plan, at a review fee at $135 for business with 26 to 100 carts, and $150 for businesses with more than 100 carts; this fee would include $10 to fund the outreach component for the first year only, and businesses with 25 or fewer carts would be exempt from the plan requirement. She recommended Council include approval of the recommendations submitted by the Department of Planning, Building and Code Enforcement that the program be evaluated at the end of the first year of implementation and education phase; and that Code Enforcement personnel work with the Police Department ensure that efforts related to the homeless and abandoned cart are coordinated. The following individuals spoke on various aspects of the proposed cart ordinance: William J. Garbett; Joe Pambianco, St. James Neighborhood Association; Don Gogliarti, Northside Neighborhood Association; Chris Hickey and Aurelia Morgan, representing Edenvale Roundtable Community Association; Jerry Sauer, Save Mart Supermarkets; Myron Glaser, Magliocco-Huff Owners Association; Gilbert Canezoles from the California Grocers Association; Patricia Ramos; Cate Kruse Schroeder, Julian-St. James Neighborhood Association. Vice Mayor Shirakawa, Jr. reiterated his suggestion to continue the legislative perspective with Sacramento legislators in an attempt to make the program a legislative priority. Council Member Dando queried Staff on the probability non-profit organizations assume responsibility for retrieving abandoned shopping carts and share in the profits from such a venture. Upon motion by Council Member Chavez, seconded by Council Member Dando and unanimously carried, Ordinance No. 26292, entitled: “An Ordinance of the City of San José Amending Title 9 of the San José Municipal Code to Add a New Chapter 9.60 Regarding the Prevention of Abandoned Carts”, was passed for publication, and the creation of positions in the Planning, Building and Code Enforcement Department and in Streets and Traffic were approved; the outreach and implementation plan was approved; Resolution No. 70152, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69650 to Establish the Abandoned Cart Prevention Plan Fee”; Ordinance No. 26293, entitled: “An Ordinance of the City of San José Amending Ordinance No. 26141 to Appropriate Moneys in the General Fund in the Amount of $192,890 for Implementation of an Abandoned Cart Ordinance; and Providing That This Ordinance Shall Become Effective Immediately Upon Adoption”; Resolution No. 70153, entitled: “A Resolution of the Council of the City of San José Amending Resolution No. 69683 Setting Forth the Estimated Sources of Funds for the Fiscal Year 2000-2001 to Adjust Revenues in the General Fund”, were adopted with the Administration directed (a) to make the issues related to abandoned carts a legislative priority; and (b) to explore the achievability of local non-profit organizations assuming responsibility for retrieval of abandoned shopping carts. Vote: 10-0-0-0-1. Vacant: District 5.

5.3 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with San José Unified School District in an amount not to exceed $1,000,000, for renovation and development of an Arts Wing at the historic Hoover Middle School Building, for use by the San José Unified School District, the City, and the public for a period of 25 years. CEQA: Exempt.

(Parks, Recreation and Neighborhood Services)

Documents Filed: Memorandum from Director of Parks, Recreation and Neighborhood Services, Mark Linder, dated January 17, 2001, recommending Council adopt said resolution.

Discussion/Action: Upon motion by Council Member Yeager, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, Resolution No. 70154, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute An Agreement With San José Unified School District for Renovation and Development of An Arts Wing at the Historic Hoover Middle School Building in an Amount Not to Exceed $1,000,000”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

5.4 Report on bids and award of contract for the Meadowfair Park Phase 2 Improvements Project to the low bidder, Boulder Rock Landscape, Inc., in the amount of $507,225 to include the base bid and all three Add Alternates, and approval of a contingency in the amount of $50,000. CEQA: Negative Declaration. (Public Works)

Documents Filed: Memorandum from Acting Director of Public Works Rajeev Batra, dated January 17, 2001, recommending Council accept the bids report and award said contract to the low bidder and approve said contingency.

Discussion/Action: Upon motion by Council Member Cortesé, seconded by Council Member Diquisto and unanimously carried, the report on bids was accepted and award of contract to Boulder Rock Landscape, Inc., the low bidder, and the contingency amount were approved and execution of the contract authorized. Vote: 10-0-0-0-1. Vacant: District 5.

5.5 Approval of the South Central Swimming Pool Master Plan. CEQA: Negative Declaration. (Public Works)

Documents Filed: (1) Supplemental Memorandum from Assistant to the City Manager, Deanna J. Santana, dated February 5, 2001, correcting an error in the original staff report to reflect the 2001-2002 Capital Program for Council District 7. (2) Memorandum from Acting Director of Public Works Rajeev Batra, dated January 31, 2001, recommending Council approve said Master Plan.

Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Diquisto and unanimously carried, the South Central Swimming Pool Master Plan was approved and its execution authorized. Vote: 10-0-0-0-1. Vacant: District 5.

TRANSPORTATION SERVICES

6.2 Report on bids and award of contract for the McLaughlin Avenue-William Street to Route 280 Project to the low bidder, Golden Bay Construction, Inc., in the amount of $628,597, and approval of a contingency in the amount of $63,000. CEQA: ND. (Public Works)

Discussion/Action: Upon motion by Council Member Chavez, seconded by Council Member Williams and unanimously carried, the report on bids was accepted and award of contract to Golden Bay Construction, Inc., the low bidder, and the contingency amount, were approved and execution of the contract authorized. Vote: 10-0-0-0-1. Vacant: District 5.

AVIATION SERVICES

8.1 (a) Adoption of a resolution authorizing the City Manager to submit a grant application for up to $2,000,000 to the Federal Aviation Administration for funds from the Wendell H. Ford Aviation Investment and Reform Act for the 21^st Century, Section 133, Inherently Low-Emission Airport Vehicle Pilot Program.

(b) Authorization for the City Manager to negotiate and execute all documents necessary to accept the grant, if awarded.

CEQA: Resolution No. 67380. (Airport)

Documents Filed: Memorandum from Director of Aviation, Ralph G. Tonseth, dated January 17, 2001, recommending Council adopt said resolution and authorize the City Manager to negotiate and execute related documents.

Discussion/Action: This item was dropped.

JOINT COUNCIL/REDEVELOPMENT AGENCY

Redevelopment Agency Board convened at 4:29 p.m. to consider Items 10.1 and 10.2 in a joint session with the City Council.

10.1 Adoption of resolutions authorizing the City and Redevelopment Agency to negotiate and execute a Line of Credit Agreement with First Union National Bank to provide the Housing Department with a $30,000,000 Line of Credit as a replacement for the existing Line of Credit with Canadian Imperial Bank of Commerce with an expiration date of April 1, 2003.

(Redevelopment Agency/Finance/Housing)

Documents Filed: Memorandum from Acting Director of Finance Mark Burton, Redevelopment Agency Director of Finance David Baum, and Director of Housing Alex Sanchez, dated January 18, 2001, recommending Council adopt said resolutions

Discussion/Action: William J. Garbett spoke against the proposed action. Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Reed and unanimously carried, Resolution No. 70155, entitled: “Resolution of the Council of the City of San José Authorizing the Negotiation and Execution of a Line of Credit Agreement With First Union National Bank to Provide a Line of Credit Secured By the 20% Housing Fund in An Amount Not to Exceed $30,000,000 and Authorizing and Approving Certain Other Actions in Connection Therewith”, was adopted. Vote: 10-0-0-0-1. Vacant: District 5.

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.

(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 1/30/01 – Item 10.1)

Documents Filed: None.

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

The Redevelopment Agency Board adjourned at 4:31 p.m.

RECESS/RECONVENE

The City Council recessed at 4:32 p.m. and reconvened at 7:05 p.m. in Council Chambers, City Hall.

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

Absent: Council Members: Shirakawa Jr., (excused).

Vacant: District 5.

City Clerk, Patricia L. O’Hearn read the requests for continuances of applications and other actions as recommended. Upon motion by Council Member Reed, seconded by Council Member Williams and unanimously carried, the below noted continuances and other actions were granted. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 5.

PUBLIC HEARINGS

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

Documents Filed: None.

Discussion/Action: This item was continued to March 6, 2001.

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

Documents Filed: None.

Discussion/Action: This item was continued to March 6, 2001.

11.7 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). Negative Declaration pending.

PDC 00-08-075 - District 3

Documents Filed: None.

Discussion/Action: This item was continued to March 6, 2001.

11.8 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.

PDC 00-08-081 - District 7

Documents Filed: None.

Discussion/Action: This item was continued to March 6, 2001.

11.1 PUBLIC HEARING ON APPEAL OF THE DIRECTOR’S DECISION TO APPROVE a Tentative Map Permit, File No. T 00-05-077, for a project located at the southeast corner of Delta Road and San Felipe Road, for a subdivision of four parcels into 139 lots on a 37.1 gross acre site in the R-1:B-8 Residence Zoning District for single-family residential uses. (Cortesé, et al, Owner; Brookfield Homes, Developer). CEQA: Negative Declaration.

T 00- 05-077 - District 8

Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, James R. Derryberry, dated January 24, 2001, recommending Council adopt a resolution to uphold the Director of Planning’s decision to approve a Tentative Map Permit for the proposed subdivision. (2) Public Hearing Notice to consider the appeal of the Director’s decision to approve a Tentative Map Permit, File No. T 00-05-077, dated January 12, 2001, and Proof of Publication of the Public Hearing Notice to appeal the Director’s Decision to Approve a Tentative Map, executed on January 26, 2001, submitted by the City Clerk. (3) Letter from Paul H. Vu, O.D., dated January 25, 2001, asking that the letter, objecting to any further development in this area, be submitted into the public record during the meeting.

Discussion/Action: Mayor Gonzales opened the public hearing on the appeal of the Director’s decision to approve the tentative map permit for the subject project. Council Member Cortesé entered disqualification from discussion and voting on this item because a family member owns the subject property. Director of Planning, Building and Code Enforcement, James R. Derryberry, presented background on the application submitted to the Planning Department for the subdivision of four parcels on the subject site. He identified the key issues deliberated during the review process, which resulted in modifications to address those issues, and the applicant’s revised subdivision layout, which was designed to provide better circulation and accessibility to the project. He recommended Council deny the appeal and uphold the decision for the Tentative Map Permit. John Meltzer and Duane Claunch spoke in favor of the proposed development. Leo Cortez spoke against the appeal. The following individuals spoke in favor of granting the Tentative Map Permit: Darlene Sanchez, Ernie Pacleb, Jan LaFetra, and Steve Chavira. Mayor Gonzales recommended Council direct Staff to work with the Developer on traffic calming measures. Upon motion by Council Member Chavez, seconded by Council Member LeZotte and carried, the public hearing was closed, the appeal was denied and the Tentative Map Permit approved; Resolution No. 70156, entitled: “Resolution of the Council of the City of San José Approving a Tentative Map and Permit to Subdivide 4 Parcels Into 143 Lots for Residential and Park Purposes Located at the Southeast Corner of San Felipe Road and Delta Road”, was adopted with direction to Staff to work with the Developer and the neighborhood to develop and implement traffic calming measures prior to approval of the Final Map. Vote: 8-0-1-1-1. Absent: Shirakawa, Jr. Disqualified: Cortesé, family member owns property.

11.2 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the east side of North 2^nd Street, approximately 400 feet northerly of East Julian Street (342 North 2^nd Street), from M-1 Manufacturing Zoning District to (A) PD Planned Development Zoning District, to allow up to 62 live/work loft dwelling units on 0.95 gross acres. (San José Lofts LLC, Owner/Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 00-07-061- District 3

Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated January 25, 2001, recommending Council adopt an ordinance rezoning the subject site as proposed by the applicant. (2) Public Hearing Notice to consider a change in Zoning for PDC 00-07-061, dated November 15, 2000, and Proof of Publication executed on November 24, 2000, 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 Council Member Chavez, seconded by Council Member Williams and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26294, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the East Side of North Second Street, Approximately 400 Feet Northerly of East Julian Street”, was passed for publication. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 5.

11.5 PUBLIC HEARING ON CONFORMING REZONING of the property located at the southeastern corner of Montague Expressway and Kruse Drive (696 East Trimble Road), from M-4 Manufacturing District to I-Industrial (IP-Industrial Park effective February 19, 2001) Zoning District, to allow industrial, office, and research/development uses on 17.44 gross acres. (WXI/696 Realty, LLC, Owner; Legacy Partners, Developer). CEQA: Resolution No. 65459.

C 00-11-117 - District 4

Documents Filed: (1) Department of Planning, Building and Code Enforcement Staff Report on Project File Number C00-11-117 dated January 17, 2001, recommending approval of the proposed conforming rezoning, and transmitting “Exhibit ‘B’ Attachment for PBCE-Project # C00-11-117. (3) Public Hearing Notice to consider a change in Zoning for C00-11-117 dated January 12, 2001, and Proof of Publication executed on January 26, 2001, submitted by the City Clerk.

Discussion/Action: Mayor Gonzales opened the public hearing on the conforming rezoning of the subject property. Council Member Reed entered a disqualification from participating in the discussion and decision on the proposed rezoning. There was no discussion from the Floor. Upon motion by Council Member Dando, seconded by Council Member Williams and carried, the public hearing was closed, and Ordinance No. 26295, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated at the Southeast Corner of Montague Expressway and Kruse Drive (696 East Trimble Road)”, was passed for publication. Vote: 8-0-1-1-1. Absent: Shirakawa, Jr. Disqualified: Reed, source of income in excess of allowable amount. Vacant: District 5.

11.6 PUBLIC HEARING ON PLANNED DEVELOPMENT REZONING of the property located at the southeast corner of Meridian and Auzerais Avenues, from M-1 Manufacturing and C-3 Commercial Zoning Districts to A(PD) Planned Development Zoning District, to allow construction of 234 single-family attached residences on 6.22 gross acres. (Rack Properties, Owner; Kaufman & Broad, Developer). CEQA: Negative Declaration. Director of Planning, Building, and Code Enforcement and Planning Commission recommend approval (7-0-0).

PDC 00-06-054 - District 6

Documents Filed: (1) Memorandum from Planning Commission Secretary James R. Derryberry, dated January 25, 2001, recommending Council adopt an ordinance to approve the subject rezoning with the condition that revised plans be prepared according to recommendations specified therein. (2) Public Hearing Notice to consider a change in Zoning for PDC 00-06-054 dated January 4, 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 Council Member Yeager, seconded by Council Member LeZotte and unanimously carried, the public hearing was closed, the Planning Commission recommendation approved, and Ordinance No. 26296, entitled: “Ordinance of the City of San José Rezoning Certain Real Property Situated on the Southeast Corner of Meridian and Auzerais Avenues”, was passed for publication. Vote: 9-0-1-0-1. Absent: Shirakawa, Jr. Vacant: District 5.

OPEN FORUM

(1) Speaker asked that his neighborhood be included in the Strong Neighborhoods Program, and opposed the opening of a soup kitchen and day hiring hall facilities to be located in his neighborhood. Staff to meet with the speaker.

(2) Dennis Umphress introduced himself as a candidate for the Library Commission.

ADJOURNMENT

The Council of the City of San José adjourned at 7:50 p.m.

RON GONZALES, MAYOR

ATTEST:

PATRICIA L. O’HEARN, CITY CLERK