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CITY COUNCIL MINUTES - 2004 SUMMARIES

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TABLE OF CONTENTS
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Summary of December 14, 2004
Summary of December 7, 2004
Summary of November 16, 2004
Summary of November 9, 2004
Summary of October 26, 2004
Summary of October 12, 2004
 Summary of September 28, 2004
Summary of September 21, 2004
Summary of August 31, 2004
Summary of August 24, 2004
Summary of July 20, 2004
Summary of July 13, 2004
Summary of June 29, 2004
Summary of June 15, 2004
Summary of June 8, 2004
Summary of May 25, 2004
Summary of May 18, 2004
Summary of May 11, 2004
 Summary of May 4, 2004
Summary of April 20, 2004
Summary of April 6, 2004
Summary of March 31, 2004
Summary of March 23, 2004
Summary of March 9, 2004
Summary of February 24, 2004
Summary of February 10, 2004
Summary of January 29, 2004
Summary of January 27, 2004
Summary of January 13, 2004
Summary of January 6, 2004

SUMMARY OF ACTIONS TAKEN BY CITY OF SANTA CLARA CITY COUNCIL

THIS DOCUMENT IS PREPARED AS A SUMMARY ONLY AND IS NOT INTENDED TO BE AN OFFICIAL RECORD OF CITY COUNCIL ACTIONS.   THE OFFICIAL MINUTES OF EACH MEETING ARE AVAILABLE IN THE CLERK'S OFFICE APPROXIMATELY THREE WEEKS FOLLOWING THE MEETING.

December 14, 2004

6:00 p.m.
Interviews to Fill a Vacancy on the
Historical and Landmarks Commission
for the term ending June 30, 2007
In the Reception Lobby Area
and
CLOSED SESSION
In the Council Conference Room
Pursuant to Government Code Section 54956.9(b)
Regarding the City as a potential defendant in one case.

REGULAR MEETING
7:00 p.m. in the City Hall Council Chambers

APPEAL OF HEARING DECISIONS OF THE CITY COUNCIL MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION.   BECAUSE OF THE AGENDA PROVISION FOR RECONSIDERATION, FINAL ACTION IS DEEMED TO OCCUR AT THE END OF THE NEXT REGULAR MEETING.   (CODE OF CIVIL PROCEDURE SECTION 1094.6)

  1. PLEDGE OF ALLEGIANCE AND INVOCATION PRAYER:

  2. ROLL CALL:

    1. Present: Council Members Caserta, Kennedy, Kolstad, Matthews, McLeod and Moore and Mayor Mahan.

  3. APPROVAL OF MINUTES:


    1. November 9, 2004.

      • ACTION: NOTED AND FILED  City Clerk
        MINUTES

    2. November 16, 2004.

      • ACTION: NOTED AND FILED  City Clerk
        MINUTES

  4. CONTINUANCES/EXCEPTIONS:

  5. SPECIAL ORDER OF BUSINESS:


    1. Recognition of Will Kennedy for his service on the Housing Rehabilitation Loan Committee.

    2. Appointment to fill a vacancy on the Historical and Landmarks Commission for the term ending June 30, 2007.

      • ACTION: APPOINTED GERALD "JERRY" MCKEE FOR THE TERM ENDING JUNE 30, 2007.  City Clerk, Dir. Planning
        REPORT

    3. Promotion of the opportunity to serve on the Planning Commission.

    4. Presentation regarding the City Council receiving the State of California Governor's Historic Preservation Award for 2004 for outstanding achievements in the field of historic preservation.

  6. UNFINISHED BUSINESS:

    1. Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See the Summary of City Council Actions for potential reconsideration which is attached to the posted Agenda and is in the Agenda Packet Binder in the Council Chambers.)

    2. Staff report regarding the improvements to the Santa Clara Dog Park located on Brookdale Avenue.

      • ACTION: NOTED AND FILED  City Clerk
        REPORT

  7. CONSENT CALENDAR:

    8. [Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion.  There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public.   If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION]

    1. Departmental Reports
      1. Approval of the Plans and Specifications for the Reed Street Bore and Jacked Casings Project WA 2819 and authorization to advertise for bids.
        • ACTION: APPROVED  Dir. Water
          REPORT

      2. Approval of the adjusted Total Compensation Arrays for the International Brotherhood of Electrical Workers, Local 1245 (IBEW); Professional Engineers; Employees' Association; American Federation of State, County and Municipal Employees (AFSCME); Unclassified Management Employees including the appointed positions of City Manager, City Attorney and City Auditor and the elected position of City Clerk and Public Safety Non Sworn Employees Association (PSNSEA) resulting in salary decreases and adjustments effective the pay period beginning December 19, 2004.
        • ACTION: APPROVED  Dir. Human Resources
          REPORT

      3. Approval of the adjusted Total Compensation Arrays for International Association of Firefighters Local 1171 (Unit 1); Police Officers Association (Unit 2); Unclassified Police Management Employees (Unit 9A) including the elected position of Chief of Police and Unclassified Fire Management Employees (Unit 9B) resulting in salary decreases and adjustments effective with the pay period beginning December 19, 2004.
        • ACTION: APPROVED  Dir. Human Resources
          REPORT

      4. Approval of the use of City Electric forces for the installation of facilities at various locations.
        • ACTION: APPROVED  Dir. Electric
          REPORT

      5. Authorization to increase the delegation to the City Manager to negotiate and execute change orders with Marelich Mechanical Company, Inc. for Public Works Contract 2368D for Mechanical Construction of the Donald Von Raesfeld Power Plant in an amount not to exceed $1,402,317.72.
        • ACTION: APPROVED  Dir. Electric
          REPORT

      6. Authorization to delegate authority to the City Manager to approve and execute additional agreements, calls, applications and other related documents required to support the California Energy Commission permit compliance conditions, environmental mitigation, project engineering, procurement, construction management and commissioning efforts for the Donald Von Raesfeld Power Plant Project not exceeding a combined value of $695,000.
        • ACTION: APPROVED  Dir. Electric
          REPORT

      7. Approval and authorization to publish the February 2005 Mission City SCENES .
        • ACTION: APPROVED  Senior Staff Aide
          REPORT

      8. Approval of the 2005 Winter/Spring Recreation Activities Guide.
        • ACTION: APPROVED  Dir. Parks
          REPORT

      9. Adoption of a Resolution approving the application for grant funds for the Per Capita Program under the 2002 Resources Bond Act and authorization for the City Manager to conduct all negotiations, execute and submit all documents necessary for completion of the Project.

      10. Acceptance of a Donation from Donna Camden and Anna and Stan Moreno in the amount of $125 to help support the Senior Center Health and Wellness Program and authorization to transmit a letter of appreciation.
        • ACTION: APPROVED  Dir. Parks
          REPORT

      11. Adoption of a Resolution amending Civil Service Rule 4.20, which allows for a probationary period of 18 months for the entry level positions of Communications Dispatcher I and Communications Dispatcher II.

      12. Set February 8, 2005 for a Public Hearing to obtain citizen's views on proposals to use 2005-06 Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and authorization to publish the Notice of the public hearing.
        • ACTION: APPROVED  Housing and Com Services Div.
          REPORT

      13. Approval of the use of City Water forces for the installation of facilities at various locations.
        • ACTION: APPROVED  Dir. Water
          REPORT

      14. Acceptance of the work performed by Anderson Pacific on Nelo-Victor Pump Station Rehabilitation and authorization to record the Notice of Completion (CE 01-02-07).
        • ACTION: APPROVED  Dir. Public Works
          REPORT

      15. Adoption of a Resolution establishing 4-Way Stop Signs at the intersection of Main Street and Reeve Street.

      16. Adoption of a Resolution establishing a 4-Way Stop at the intersection of Lakeshore Drive with Second Street/Running Water Court.

      17. Approval of the Final Map for Tract 9627 to convert the existing multi-family apartments to 49 condominiums on an approximately 1.91-acre lot located at 1835 Scott Boulevard for Prospect Palms Apartments I, LLC and authorization to record the map (PLN2004-04364/SAM2004-01053 - APN 224-51-008).
        • ACTION: APPROVED  Dir. Public Works
          REPORT

      18. Approval of the Final Map for Tract 9609 for the 14 new Planned Development townhomes on an approximately 2.7 acre parcel located at 1720, 1730 and 1736 Bowers Avenue for Bowers Avenue Townhomes, LLC and authorization to record the map (PLN2003-04018/SAM2004-01051 - APNs 220-31-061, 062 and 063).
        • ACTION: APPROVED  Dir. Public Works
          REPORT

      19. Note and file the Departmental Activity Report for the month of October 2004.
        • ACTION: NOTED AND FILED  City Clerk
          REPORT

      20. Adoption of a Resolution declaring weeds to be a nuisance and authorization to set January 25, 2005 for the public hearing and to publish the Notice of the Public Hearing.

    2. Agreements
      1. Approval to execute Call No. 04-6 with Nexant, Inc. in an amount not to exceed $97,000 to develop a detailed specification and procurement plan for the Technology Roadmap.

      2. Approval of a Service Agreement with Pacific Gas & Electric Company in an amount not to exceed $125,000 per year for Standby Electrical Services for the Grizzly Powerhouse Project.

      3. Approval of Call No. 04-4 with Structure Consulting Group, LLC in an amount not to exceed $155,000 for nMarket Settlement support.

      4. Approval of an Electric Service Agreement with Intel Corporation for the purchase of electricity on a long-term basis in exchange for certain discounted rates and authorization for the City Manager to execute subsequent amendments regarding a one-time change in rate pursuant to Exhibit B of the Agreement.

      5. Approval of Amendment No. 3 to the Legal Services Agreement with Moses & Singer LLP which will increase the not to exceed amount by $1,000,000 to provide legal services in connection with the Enron Corporation et al. bankruptcy case.

      6. Approval of Amendment No. 3 to the Metered Subsystem Agreement with the California Independent System Operator (CAISO) and any other related documents with the CAISO recognizing the Donald Von Raesfeld Power Plant.

      7. Approval of Historic Property Preservation Agreements (Mills Act) with John Paczkowski and Jennifer Lopes for 1751 Benton Street and with Robert and Lisa Bohorquez for 1357 Main Street which will qualify the properties for tax incentives.

      8. Approval of the revision to the Interconnection Agreement with Pacific Gas and Electric Company and Amendment No. 4 to the Metered Subsystem Agreement with the California Independent System Operator to Facilitate Energization of the Silicon Valley Power 230kV Project and all future amendments to the agreements.

      9. Approval of the Affordable Housing Agreement with Sobrato Development Company #871 and authorization to sign all documents necessary to carry out the Agreement for restricting 31 units as affordable housing at the El Camino Real Apartments located at 435 El Camino Real.

      10. Approval of Amendment No. 4 to the Agreement with Psomas for the Geographic Information System (GIS) and authorization for an expenditure of $80,955.

      11. Approval of an Agreement and Covenant Running with the Land with Prospect Palms Apartment, LLC to defer the installation of City standard storm drain improvements along the frontage of 1835 Scott Boulevard until called for by the City and authorization to record the Covenant (APN 224-51-008; SC 18,054).

      12. Approval of an Agreement for Transfer of Easement with the City of San Jose for an emergency water interconnection (SC 17,951).

      13. Approval of the Lease Agreement with MetroFi, Inc. for long term dark fiber optics.

      14. Approval of a Contribution Agreement with the Miss Santa Clara Auxiliary for $14,000 for the Outstanding Teen Competition and the Miss Santa Clara Scholarship Competition on January 8, 2005.

      15. Approval of an Antenna Ground Lease with MetroPCS California/Florida, Inc. (dba MetroPCS) for the placement of a telecommunications site at the City's Communications Technical Services Center.

    3. Reports for Information and Possible Action
      1. Association of Bay Area Governments (ABAG)/San Francisco Bay Trail Project and Mid-Peninsula Housing Newsletters Feature City of Santa Clara Projects.
        • ACTION: NOTED AND FILED  City Clerk
          REPORT

      2. City Council Committee List for Council Review.
         Executive Asst. to Council REPORT

    4. Minutes to Note and File
      1. Senior Citizens Advisory Commission - October 25, 2004.
        • ACTION: NOTED AND FILED  City Clerk
          MINUTES

    5. Routine Written Petitions for Approval
      1. South Bay Historical Railroad Society: Request for approval to renew the Special Permit to allow the placement and use of a 4'x15' banner on the exterior of the Santa Clara Depot for a period up to one year to expire on December 31, 2005.
        • ACTION: APPROVED THE REQUEST AND A WAIVER OF 50% ($62.50) OF THE SPECIAL PERMIT RENEWAL FEES.  Dir. Planning
          REPORT

  8. ITEMS SET FOR HEARING:

    9. [Planning Commission items not being appealed, or which are not related to an appeal, will be heard under BOARDS AND COMMISSIONS FOR ACTION.]   If you challenge a City Council land use decision in court, you may be limited to raising only those issues you or someone else raised at this hearing before the City Council or in written correspondence delivered to the City at, or prior to, the City Council hearing on the matter.  (California Government Code Section 65009)

    1. Use of Citizens Option for Public Safety (COPS) Funds.

      • ACTION: NOTED AND FILED  City Clerk
        REPORT

    2. Tourism-Based Business Improvement District: Pass to print an Ordinance which amends the Santa Clara Municipal Code establishing the Central Santa Clara Tourism Improvement District.

      • ACTION: PASSED TO PRINT ORDINANCE NO. 1797.  City Attorney, Dir. Finance
        REPORT
        ORDINANCE

  9. BOARDS AND COMMISSIONS FOR ACTION:


    1. Subdivision Committee - Minutes of October 18, 2004.
      * Tentative Parcel Map to subdivide one lot into four parcels in conjunction with an approved industrial office campus plan at 3333 Scott Boulevard (Applied Materials - PLN2004-04679).

      • ACTION: APPROVED THE TENTATIVE PARCEL MAP AND NOTED AND FILED THE MINUTES.  City Clerk, Dir. Planning
        MINUTES

    2. Parks and Recreation Commission - Minutes of November 16, 2004.
      * Recommendation to appoint Chuck Seymour to fill a vacancy on the Streamside Park Committee - San Tomas Aquino/Saratoga Creek Trail.

      • ACTION: APPOINTED CHUCK SEYMOUR AND NOTED AND FILED THE MINUTES.  City Clerk, Dir. Parks
        MINUTES

    3. Senior Citizens Advisory Commission - Minutes of November 15, 2004.
      * Recommendation to set January 11, 2005 for a presentation on the update of the Senior Center Expansion Project.
      * Recommendation to contact the Valley Transportation Authority (VTA) and Outreach and Escort, Inc. regarding the problems seniors and disabled residents are experiencing in the application/screening process required by VTA to participate in the para-transit program.

      • ACTION: APPROVED ALL ITEMS AND NOTED AND FILED THE MINUTES.  Dir. Parks
        MINUTES

  10. CONSENT ITEMS PULLED FOR DISCUSSION:

  11. PUBLIC PRESENTATIONS:
  12. REPORTS FOR COUNCIL ACTION:


    1. Authorization to delegate authority to the City Manager to negotiate, approve and execute necessary service and call agreements, calls, applications and related documents, including amendments and change orders, to support the operations and maintenance of the Donald Von Raesfeld Power Plan up to $4,420,000 over three years, establish a reservation of funds account for the balance of $4,120,000 from the Cost Reduction Fund and authorize the City Manager to move appropriations from the Reserve into Operations for immediate action circumstances to prevent or minimize plant downtime.

      • ACTION: APPROVED  Dir. Electric, Dir. Finance
        REPORT

    2. Adoption of a Resolution finding benefit from the acquisition of an approximately 2.47 acre parcel of vacant land located at the southeast corner of San Tomas Expressway and Monroe Street for the purposes of an affordable housing development, approval of appropriations of $4,500,000 from the 2004-05 Redevelopment Agency Affordable Housing Fund and approval of a Purchase Agreement with the County of Santa Clara and the Redevelopment Agency for acquisition of the property.

      • ACTION: ADOPTED RESOLUTION NO. 7190 AND APPROVED THE APPROPRIATION OF FUNDS AND THE AGREEMENT.  Dir. Finance, Housing and Com Services Div.
        REPORT
        RESOLUTION
        AGREEMENT

  13. BILLS AND CLAIMS/PROGRESS PAYMENTS:
    14. (Lists are available in the Council Office and the City Clerk's Office).

    1. Approval of Bills and Claims and Progress Payments.

      • ACTION: APPROVED  Dir. Finance

  14. REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:

    1. Mayor Mahan: Appointment of Council Member Jamie McLeod as Vice Mayor and Council Member Dominic Caserta as Chaplain for the 2005 calendar year.

      • ACTION: APPROVED  City Clerk
        REPORT

  15. CLOSED SESSION MATTERS:

    1. Set January 11, 2005 at 6:00 p.m. for a Closed Session in the Council Conference Room pursuant to Government Code Section 54956.9(a) regarding PG&E Federal Energy Regulatory Commission Docket Number ER00-565-000, which entails a Federal Power Act Section 205 Filing by PG&E to Collect what it Terms Scheduling Coordinator Services Costs Under a Scheduling Coordinator Services Tariff.

      • ACTION: APPROVED  City Attorney
        REPORT

  16. ADJOURNMENT:

    1. To Tuesday evening, January 11, 2005, at 5:00 p.m. for a Study Session regarding the proposed Neighborhood Conservation District Ordinance and to 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting.

* * * * * * *


SUMMARY OF ACTIONS TAKEN BY REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA

December 14, 2004

REGULAR MEETING
7:00 p.m. in the City Hall Council Chambers

APPEAL OF HEARING DECISIONS OF THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA CLARA MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION.   BECAUSE OF THE AGENDA PROVISION FOR RECONSIDERATION, FINAL ACTION IS DEEMED TO OCCUR AT THE END OF THE NEXT REGULAR MEETING.   (CODE OF CIVIL PROCEDURE SECTION 1094.6)

  1. ROLL CALL:

    1. Present: Agency Members Caserta, Kennedy, Kolstad, Matthews, McLeod and Moore and Chairperson Mahan.

  2. APPROVAL OF MINUTES:


    1. November 9, 2004.

      • ACTION: NOTED AND FILED  Agency Secretary
        MINUTES

    2. November 16, 2004.

      • ACTION: NOTED AND FILED  Agency Secretary
        MINUTES

  3. CONTINUANCES/EXCEPTIONS:

  4. UNFINISHED BUSINESS:

    1. Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See Summary of Actions which is attached to the posted Agenda for potential reconsideration).

  5. NEW BUSINESS:


    1. Approval of an Agreement for Services with Neighborhood Housing Services Silicon Valley and necessary related documents for the provision of administrative services for the Below Market Priced Homeownership Program.


    2. Adoption of a Resolution for the acquisition of an approximately 2.47 acre parcel of vacant land located at the southeast corner of San Tomas Expressway and Monroe Street for the purposes of an affordable housing development, approval of appropriations of $4,500,000 from the 2004-05 Redevelopment Agency Affordable Housing Fund and approval of a Purchase Agreement with the County of Santa Clara for acquisition of the property.

      • ACTION: ADOPTED RESOLUTION NO. 04-10 (RA) AND APPROVED THE APPROPRIATION OF FUNDS AND THE AGREEMENT.  Housing and Com Services Div., Agency Treasurer
        REPORT
        RESOLUTION
        AGREEMENT

    3. Acceptance of the Redevelopment Agency Annual Report and required attachments for fiscal year ending June 30, 2004.

      • ACTION: APPROVED  Agency Treasurer
        REPORT

  6. PUBLIC PRESENTATIONS:
  7. REPORTS OF AGENCY MEMBERS AND SPECIAL AGENCY COMMITTEES:

  8. CLOSED SESSION MATTERS:

  9. ADJOURNMENT:

    1. To Tuesday evening, January 11, 2004 , at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting.

* * * * * * *


SUMMARY OF ACTIONS TAKEN BY SPORTS AND OPEN SPACE AUTHORITY OF THE CITY OF SANTA CLARA

December 14, 2004

REGULAR MEETING
7:00 p.m. in the City Hall Council Chambers

APPEAL OF HEARING DECISIONS OF THE SPORTS AND OPEN SPACE AUTHORITY OF THE CITY OF SANTA CLARA MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION.   BECAUSE OF THE AGENDA PROVISION FOR RECONSIDERATION, FINAL ACTION IS DEEMED TO OCCUR AT THE END OF THE NEXT REGULAR MEETING.   (CODE OF CIVIL PROCEDURE SECTION 1094.6)

  1. ROLL CALL:

    1. Present: Authority Members Caserta, Kennedy, Kolstad, Matthews, McLeod and Moore and Chairperson Mahan.

  2. APPROVAL OF MINUTES:


    1. November 9, 2004.

      • ACTION: NOTED AND FILED  Authority Secretary
        MINUTES

    2. November 16, 2004.

      • ACTION: NOTED AND FILED  Authority Secretary
        MINUTES

  3. CONTINUANCES/EXCEPTIONS:

  4. UNFINISHED BUSINESS:

    1. Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See Summary of Actions which is attached to the posted Agenda for potential reconsideration).

  5. PUBLIC PRESENTATIONS:
  6. REPORTS OF SOSA MEMBERS AND SPECIAL SOSA COMMITTEES:

  7. CLOSED SESSION MATTERS:

  8. ADJOURNMENT:

    1. To Tuesday evening, January 11, 2004 , at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting.


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SUMMARY OF ACTIONS TAKEN BY CITY OF SANTA CLARA CITY COUNCIL

THIS DOCUMENT IS PREPARED AS A SUMMARY ONLY AND IS NOT INTENDED TO BE AN OFFICIAL RECORD OF CITY COUNCIL ACTIONS.   THE OFFICIAL MINUTES OF EACH MEETING ARE AVAILABLE IN THE CLERK'S OFFICE APPROXIMATELY THREE WEEKS FOLLOWING THE MEETING.

December 7, 2004

REGULAR MEETING
7:00 p.m. in the City Hall Council Chambers

APPEAL OF HEARING DECISIONS OF THE CITY COUNCIL MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION.   BECAUSE OF THE AGENDA PROVISION FOR RECONSIDERATION, FINAL ACTION IS DEEMED TO OCCUR AT THE END OF THE NEXT REGULAR MEETING.   (CODE OF CIVIL PROCEDURE SECTION 1094.6)

  1. PLEDGE OF ALLEGIANCE AND INVOCATION PRAYER:

  2. ROLL CALL:

    1. FIRST ROLL CALL : Present: Council Members Caserta, Diridon, Kolstad, Matthews, McLemore and Parle and Mayor Mahan (through Agenda Item 5.B.)
      SECOND ROLL CALL : Present: Council Members Caserta, Kennedy, Kolstad, Matthews, McLeod and Moore and Mayor Mahan (commencing Agenda Item 5.C.)

  3. APPROVAL OF MINUTES:


    1. October 12, 2004.

      • ACTION: NOTED AND FILED  City Clerk
        MINUTES

    2. October 26, 2004.

      • ACTION: NOTED AND FILED  City Clerk
        MINUTES

  4. CONTINUANCES/EXCEPTIONS:

  5. SPECIAL ORDER OF BUSINESS:


    1. Certification of the Results of the General Municipal Election Held on November 2, 2004:
      * Adoption of a Resolution declaring the results of the election.