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CITY COUNCIL MINUTES - 2005 SUMMARIES


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TABLE OF CONTENTS
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Summary of December 13, 2005
Summary of December 6, 2005
Summary of November 15, 2005
Summary of November 1, 2005
Summary of October 25, 2005
Summary of October 18, 2005
Summary of October 11, 2005
Summary of September 27, 2005
Summary of September 13, 2005
Summary of August 30, 2005
Summary of August 23, 2005
Summary of July 19, 2005
Summary of July 12, 2005
 Summary of June 28, 2005
Summary of June 14, 2005
Summary of June 7, 2005
Summary of May 24, 2005
Summary of May 17, 2005
Summary of May 10, 2005
Summary of April 26, 2005
Summary of April 12, 2005
Summary of March 22, 2005
Summary of March 8, 2005
Summary of February 22, 2005
Summary of February 8, 2005
Summary of January 25, 2005
 Summary of January 11, 2005

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 13, 2005

6:00 p.m.
CLOSED SESSION
In the Council Conference Room
Pursuant to Government Code Section 54957.6
Conference with Agency Labor Negotiator
City Negotiator: Jennifer Sparacino, City Manager (or her designee)
Employee Organization(s):
Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171
Unit #2 - Santa Clara Police Officer's Association
Unit #3 - International Brotherhood of Electrical Workers (IBEW), Local Union 1245
Unit #4 - City of Santa Clara Professional Engineers
Units #5, 7 & 8 - City of Santa Clara Employees Association
Unit #6 - AFSCME (American Federation of State, County and Municipal Employees)
Unit #9 - Unclassified Management Employees
Unit #9A - Unclassified Police Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association
[No reportable action]

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 15, 2005.
      • ACTION: NOTED AND FILED City Clerk
        MINUTES

  4. CONTINUANCES/EXCEPTIONS:

    1. Approval to cancel the update to the Council of the Electric Utility Strategic Plan Implementation Status Report.
      • ACTION: APPROVED Dir. Electric
        REPORT

  5. SPECIAL ORDER OF BUSINESS:

    1. Presentation to the City's Information Technology Department of the 2004/2005 Award for Excellence in Information Technology Practices from the Municipal Information Systems Association of California.
      REPORT

  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. Approval of the Reed Street Dog Park Master Plan at 888 Reed Street and authorization to go out to bid.
      REPORT

      1. Adoption of the Mitigated Negative Declaration and approval of the Special Permit for the implementation of the Master Plan.
        • ACTION: ADOPTED THE MITIGATED NEGATIVE DECLARATION; APPROVED THE SPECIAL PERMIT FOR IMPLEMENTATION OF THE MASTER PLAN AND THE MASTER PLAN AND AUTHORIZED GOING OUT TO BID. Dir. Parks, Dir. Planning
          REPORT


  7. CONSENT CALENDAR:
    [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
      2.

      1. Authorization to negotiate and execute change orders to Public Works Contract 2373A for the construction of the Northern Receiving Station (NRS) 230kV Transmission Project in an amount not to exceed $334,230 and to execute settlement documents for the close out of the contract.
        • ACTION: APPROVED Dir. Electric
          REPORT

      2. Note and file the Departmental Activity Report for the month of October 2005.
        • ACTION: NOTED AND FILED City Clerk
          REPORT

      3. Approval and authorization to publish the February 2006 Mission City SCENES .
        • ACTION: APPROVED Senior Staff Aide
          REPORT

      4. Approval of the Compromise and Release for Workers' Compensation Claim filed by Mary Wheat, retired Police Record Specialist II.
        • ACTION: APPROVED Dir. Human Resources
          REPORT

      5. Approval of the use of City Solar Utility forces for the installation of facilities at 590 Bellwood Drive.
        • ACTION: APPROVED Dir. Water
          REPORT

      6. Adoption of a Resolution declaring weeds to be a nuisance and setting January 24, 2006 for the public hearing and authorization to publish the notice of the public hearing.

      7. Acceptance of the work performed by American Civil Constructors West Coast, Inc. on the Bridge Deck Rehabilitation Project and authorization to record a Notice of Completion (CE 05-06-07).
        • ACTION: APPROVED Dir. Public Works
          REPORT

      8. Adoption of a Resolution establishing 1 Hour Parking at any time zones on the west side of Chapman Court south of The Alameda and on both sides of McKillop Court, its entire length.

      9. Set February 7, 2006 for a public hearing to obtain citizens' views on the use of 2006-07 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

      10. Authorization to execute any agreements necessary to protect the generation equipment and the City's interests until negotiations of a new lease and power purchase agreement for the Altamont Property are completed.
        • ACTION: APPROVED Dir. Electric
          REPORT

      11. Approval of Amendment No. 2 to the City of Santa Clara Public Agency Retirement System (PARS) Plan for Part-Time and Limited Services Employees effective December 13, 2005.

      12. Set January 10, 2006 for a public hearing to consider the appeal submitted by Lee Behel, General Manager, Stevens Creek Porsche, of the Planning Commission approval of a Use Permit for a car dealership at 4101 Stevens Creek Boulevard (PLN2005-05294).
        • ACTION: APPROVED Dir. Planning
          REPORT

      13. Acceptance of the Financial Status Reports for October 31, 2005.
        • ACTION: APPROVED Dir. Finance
          REPORT

      14. Adoption of a Resolution adopting Amendment No. 3 to the Administrative Services Agreement with Hartford Life Insurance Company to allow for refund of charges to participating employees in the City's Deferred Compensation Plan.

      15. Acceptance of the City of Santa Clara audited Comprehensive Annual Financial Report (CAFR) and the audited Component Unit Financial Report for the Electric Utility for fiscal year ended June 30, 2005, as recommended by the City Council Audit Committee.
        • ACTION: APPROVED Dir. Finance
          REPORT

      16. Approval of Change Order No. 9 with HSR, Inc. for a net increase of $811,764 for the San Tomas Aquino Creek Trail Reach 2 project to revise estimated quantities for several bid items.
        • ACTION: APPROVED Dir. Public Works
          REPORT

      17. Approval of the Total Compensation Allocations for the Police Officers' Association (Unit 2) and the Unclassified Police Management Employees (Unit 9A), which includes the elected position of Police Chief, effective the pay period beginning December 18, 2005.
        • ACTION: APPROVED AND AUTHORIZED THE CITY MANAGER TO MAKE ADJUSTMENTS. Dir. Human Resources
          REPORT

      18. Adoption of the total compensation allocation for Public Safety Non-Sworn Employees' Association, effective the pay period beginning December 18, 2005.
        • ACTION: APPROVED. Dir. Human Resources
          REPORT

      19. Approve of the Total Compensation Allocation for the International Association of Firefighters Local 1171 (IAFF Unit 1)
        • ACTION: APPROVED AND AUTHORIZED THE CITY MANAGER TO MAKE ADJUSTMENTS. Dir. Human Resources
          REPORT

      20. Adoption of the proposed Memorandum of Understanding and authorization for the City Manager to approve the total Compensation allocation for Unclassified Fire Management, effective December 18, 2005.
        • ACTION: APPROVED AND AUTHORIZED THE CITY MANAGER TO MAKE ADJUSTMENTS. Dir. Human Resources
          REPORT

    2. Agreements
      3.

      1. Approval of Call No. 05-2 with POWER Engineers, Inc. in an amount not to exceed $49,250 for Phase 1 of a Short Circuit Mitigation Study.

      2. Approval of Amendment No. 2 to the Lease Agreement with OnFiber Carrier Services, Inc. to extend current pricing terms through March 31, 2006.

      3. Approval to execute an Agreement and Covenant Running with the Land with Gary and Lena Ferras to defer the installation of City standard street improvements along the frontage of 216 Douglane Avenue until an area wide assessment district is formed and authorization to record the Agreement (APN 303-19-058; SC 18,133).

      4. Approval to execute the Agreement for Professional Services with Leach Mounce Architects for the Emergency Dispatch Relocation in an amount not to exceed $120,000.

      5. Approval to execute the Fiber-Optic Installation and Street Opening Permit Agreement with Info-Tech Communications, Inc.

      6. Approval of the Agreement with RMC Water and Environment for the Sanitary Sewer Flow Monitoring Program Project in the amount not to exceed $168,480.

      7. Approval to execute the Agreement for Financing of Development Activities for Purchase of Resource 500 Project with Central Valley Project Corporation, in substantially the form presented subject to City Attorney's Office approval, to examine the feasibility of a potential acquisition of an existing 500 MW natural gas-fired power plant in Northern California and the non-disclosure and confidentiality agreements required by Section 2 in Exhibit A of the Agreement.

      8. Approval of the Consent to Assignment Agreements and Modification Agreements with Hope Services to transfer real property interests in the single family residences located at 2114 Briarwood Drive and 3779 De La Cruz Boulevard from Tri Aegis Residential Services to Hope Services and authorization to execute all related documents.

      9. Approval of the Master License Agreement in the amount of $139,136 and the Agreement for the Performance of Services with Group 1 Software, Inc. in the amount of $32,000 for the Sagent data mart software and to provide consulting services and Call No. 05-4 with ACS Enterprise Solutions, Inc. in the amount of $24,000 to provide project management services.

    3. Reports for Information and Possible Action
      4.

      1. Berryessa Adobe Annual Report 2005.
        • ACTION: NOTED AND FILED City Clerk
          REPORT

    4. Minutes to Note and File
      5.

      1. Board of Library Trustees - November 7, 2005.
        • ACTION: NOTED AND FILED City Clerk
          MINUTES

      2. International Exchange Commission - November 1, 2005.
        • ACTION: NOTED AND FILED City Clerk
          MINUTES

    5. Routine Written Petitions for Approval
      6.

  8. ITEMS SET FOR HEARING:
    [Planning Commission items not being appealed, or which are not related to an appeal, will be heard under BOARDS AND COMMISSION 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. Planning Commission minutes regarding 4767 Lafayette Street: Request for the following Council actions:
      * Adoption of a Mitigated Negative Declaration;
      * Adoption of a Resolution for Overriding Findings regarding Santa Clara County Airport Land Use Commission (ALUC) determination;
      * Approval of rezoning from Neighborhood Commercial (CN) to Planned Development R3-18D (PD) for the defined residential portion;
      * Approval of a Vesting Tentative Tract Map for residential lots to allow construction of 27 detached residences and a private street on the 2.38 residential acres [PLN2005-04924/CEQ2005-01027 - Braddock & Logan Services, Inc. (Sue Dillon / Jim Sullivan) / Shaheen Family Trust]
      • ACTION: ADOPTED THE MITIGATED NEGATIVE DECLARATION AND RESOLUTION NO. 7289; APPROVED THE REZONING AND VESTING TENTATIVE TRACT MAP AND NOTED AND FILED THE MINUTES. Dir. Planning, City Clerk
        REPORT
        RESOLUTION

      1. Subdivision Committee Minutes of June 20, 2005 regarding 4767 Lafayette Street: Recommendation for approval of the Tentative Parcel Map to subdivide the existing lot into two lots, in conjunction with a request for a Rezone from Neighborhood Commercial (CN) to Planned Development-R1 (PD) and a Tentative Subdivision Map to subdivide the rezone portion into 27 individual lots in conjunction with the splitting off of the retail space, demolition of the older Fairway Glen Shopping Center and the construction of 27 single family homes.
        • ACTION: APPROVED THE TENTATIVE PARCEL MAP AND NOTED AND FILED THE MINUTES. Dir. Planning, City Clerk
          MINUTES


    2. Use of Citizens Option for Public Safety (COPS) Funding.
      • ACTION: APPROVED Police Chief, Dir. Finance
        REPORT

    3. Approval of eight Non-exclusive Franchise Agreements for Hauling of Industrial Refuse and Recyclables for the period ending December 31, 2008.
      • ACTION: APPROVED AGREEMENTS WITH ALLIED WASTE SERVICES OF SANTA CLARA COUNTY; GREENWASTE RECOVERY, INC.; MISSION TRAIL WASTE SYSTEMS; PACIFIC COAST RECYCLING, INC.; PENINSULA DEBRIS BOX SERVICE; STEVENS CREEK DISPOSAL & RECYCLING; WASTE MANAGEMENT OF SANTA CLARA COUNTY AND WEYERHAUESER COMPANY. Dir. Streets
        REPORT
        AGREEMENTS

  9. BOARDS AND COMMISSIONS FOR ACTION:

    1. Historical and Landmarks Commission - Minutes of December 1, 2005: Request to note and file.
      * Recommendation for approval of a Mills Act Contract for 1206 Main Street.
      * Recommendation for historic designation and approval of a Mills Act Contract for 658 Jefferson Street.
      * Recommendation for approval of the attendance of three commissioners to the historic resources workshop in San Simeon on March 20-21, 2006.
      MINUTES

      1. Approval of a Historic Property Preservation Agreement (Mills Act) with Michael and Laurie Orlando, Richard Peak, John Thario and Carrie Patrick for 1206 Main Street which will qualify the property for tax incentives.
        AGREEMENT
        REPORT
      2. Approval of Historic Property Preservation Agreement (Mills Act) with Jeanne and Grant Hagestad for 658 Jefferson Street which will qualify the property for tax incentives.
        • ACTION: APPROVED THE COMMISSION'S RECOMMENDATIONS AND THE HISTORIC PROPERTY PRESERVATION AGREEMENTS AND NOTED AND FILED THE MINUTES. Dir. Planning, City Clerk
          REPORT
          AGREEMENT


    2. Planning Commission - Special Meeting Minutes of November 30, 2005: Request to note and file.
      MINUTES

      1. Item #10: 2580 Homestead Road - Rezone existing multi-family apartments from Moderate Density-Multiple Dwelling/25du/acre to Planned Development/Moderate-Density-Multiple-Dwelling [PD (R3-25)] to allow conversion of 48 existing apartments into 35-40 condominiums; Variances for substandard on-site parking and open landscaped area and increased density and building coverage; and Tentative Map for a 35-40 unit condominium subdivision (PLN2005-05375 - Scott Carino / Yen and Jane Chu).
        • ACTION: APPROVED THE REZONING AND TENTATIVE MAP AND NOTED AND FILED THE MINUTES. Dir. Planning
          REPORT


  10. CONSENT ITEMS PULLED FOR DISCUSSION:

  11. PUBLIC PRESENTATIONS:
    This portion of the meeting is reserved for persons desiring to address the Council on any matter not on the agenda. The law does not permit Council action on, or extended discussion of, any item not on the agenda except under special circumstances. The Council, or its staff may briefly respond to statements made or questions posed and may request the City Manager to report back at a subsequent meeting. Please submit to the City Clerk your name and subject matter on forms available by the door in the Council Chambers.

  12. REPORTS FOR COUNCIL ACTION:

    1. Adoption of a Resolution related to a settlement offer from Comcast of California XL, Inc. resolving a pending appeal of Comcast's FCC Form 1205 filing which set rates for equipment charged by Comcast and ordering refunds based upon findings on behalf of Comcast cable television subscribers in the City.

    2. Approval of the transfer of $927,929 from the General Contingency Reserve for Capital Projects and $252,071 from proprietary fund retained earnings to the Workers' Compensation Fund cash account to replenish the Workers' Compensation Internal Service Fund Reserve.
      • ACTION: APPROVED Dir. Finance
        REPORT

    3. Approval of an Agreement with Prins Pool Remodeling in the amount of $71,847.75 for the Base Bid for the Warburton Pool Replastering Project and to reject the bid for Bid Alternate No. 1 (PK 05-06-04).

    4. Approval of an Agreement with the State Office of Emergency Services to receive the Pre-Disaster Mitigation Grant in an amount not to exceed $1,268,802 for the seismic retrofit of at-grade water storage tanks; adoption of a Resolution authorizing documents as required by the Agreement and approval to create a new Capital Improvement Project and a transfer of $423,000 for the City's share of costs.
      • ACTION: APPROVED RECOMMENDATIONS AND ADOPTED RESOLUTION NO. 7291. Dir. Water, Dir. Finance
        REPORT
        RESOLUTION

  13. BILLS AND CLAIMS/PROGRESS PAYMENTS:
    (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. Council Goal Setting Committee: Approval to eliminate the Commission Review Committee and the Santa Clara Downtown Revitalization Committee and to consolidate the Golf Course Committee and Convention Center Committee with Mission City 21 Economic Development Committee and the Santa Clara University/City Liaison Committee with the Neighborhood-University Relations Committee.
      • ACTION: APPROVED City Clerk, Executive Asst. to Council
        REPORT

      1. Informational Memo: City Council Committee List for Council Review.
        • ACTION: NOTED AND FILED City Clerk
          REPORT


  15. CLOSED SESSION MATTERS:

    1. Request to set Tuesday, January 10, 2006 at 5:30 p.m. for a Closed Session in the Council Conference Room pursuant to Government Code Section 54957.6 regarding a Conference with Labor Negotiator: City Negotiator: Jennifer Sparacino, City Manager (or her designee) Employee Organization(s): Unit #1 - Santa Clara Fire Fighters Association, IAFF, Local 1171; Unit #2 - Santa Clara Police Officer's Association; Unit #3 - International Brotherhood of Electrical Workers (IBEW), Local Union 1245; Unit #4 - City of Santa Clara Professional Engineers; Units # 5, 7, and 8 - Santa Clara Employees Association; Unit # 6 - AFSCME (American Federation of State, County and Municipal Employees); Unit #9 - Unclassified Management Employees; Unit #9A - Unclassified Police Employees; Unit #9B - Unclassified Fire Management Employees; Unit #10 - Public Safety Non-Sworn Employees Association.
      • ACTION: APPROVED City Attorney
        REPORT

  16. ADJOURNMENT:

    1. In Memory of John O'Leary (St. Justin's School coach) to Tuesday evening, January 10, 2006 , at 5:30 p.m. for a Closed Session in the Council Conference Room pursuant to Government Code Section 54957.6 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 13, 2005

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 15, 2005.
      • ACTION: NOTED AND FILED Agency Secretary
        MINUTES

  3. CONTINUANCES/EXCEPTIONS:

  4. UNFINISHED BUSINESS:

  5. NEW BUSINESS:

    1. Approval of revised loan terms for the First Time Home Buyers Financing Program and authorization to prepare necessary documents for implementation.
      • ACTION: APPROVED: 1) ANNUAL ALLOWABLE INCOME OF PARTICIPANTS INCREASED FROM A MAXIMUM OF 110% TO 120% OF AREA MEDIAN INCOME; 2) MAXIMUM FUNDING PER PARTICIPANT FOR A SECOND MORTGAGE INCREASED FROM $50,000 TO $75,000; 3) RETURN ON THE LOAN TO CHANGE IN FORM TO A SIMPLE INTEREST COMPONENT COMPARED TO THE CURRENT APPROACH OF A SHARED APPRECIATION OF THE HOME'S VALUE; 4) LOAN SIMPLE INTEREST AT 3% TO BE DEFERRED AND ACCUMULATED FOR THE FIRST 5 YEARS THEN CONVERTED AT YEAR 6 TO AN INTEREST RATE SIMILAR TO THE PRIMARY MORTGAGE LOAN; AND 5) PAYMENT OF DEFERRED INTEREST AND LOAN PRINCIPAL AND INTEREST ARE DUE IN MONTHLY PAYMENTS DURING YEARS 6 THROUGH 20. Housing and Com Services Div.
        REPORT

    2. Transfer of the Santa Clara Westin Hotel Ground Lease, and Ballroom License Agreement to Hyatt Equities, L.L.C. (Hyatt): Authorization to waive the Agency's Right of First Refusal to purchase the Hotel, approval of the transfer of the leasehold interest in the Hotel Ground Lease and Hotel's interest in the Ballroom License Agreement to Hyatt, subject to the execution of an Assignment and Assumption Agreement between SHC New Santa Clara, L.L.C. and Hyatt and authorization to execute all documents necessary to implement the transaction.
      REPORT

      1. Informational Memo: Stakeholders Meeting Between City Staff, the South Bay Labor Council and Hyatt Hotels.
        REPORT
      2. Letter from Hyatt regarding the transfer.


    3. Acceptance of the audited Annual Financial Report for fiscal year ended June 30, 2005, as recommended by the City Council Audit Committee.
      • ACTION: APPROVED Agency Treasurer
        REPORT

    4. Acceptance of the Redevelopment Agency Annual Report for fiscal year ending June 30, 2005.
      • ACTION: APPROVED Agency Treasurer
        REPORT

    5. Approval of Change Order No. 9 with HSR, Inc. for a net increase of $811,764 for the San Tomas Aquino Creek Trail Reach 2 project to revise estimated quantities for several bid items.
      • ACTION: APPROVED Dir. Public Works
        REPORT

  6. PUBLIC PRESENTATIONS:

  7. REPORTS OF AGENCY MEMBERS AND SPECIAL AGENCY COMMITTEES:

  8. CLOSED SESSION MATTERS:

  9. ADJOURNMENT:

    1. To Tuesday evening, January 10, 2006 , 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 13, 2005

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 15, 2005.
      • ACTION: NOTED AND FILED Authority Secretary
        MINUTES

  3. CONTINUANCES/EXCEPTIONS:

  4. UNFINISHED BUSINESS:

  5. NEW BUSINESS:

    1. Approval of the transfer of the Santa Clara Westin Hotel lessee's interest in the Recreation Facilities Agreement to Hyatt Equities, L.L.C. (Hyatt), subject to execution of an Assignment and Assumption Agreement between SHC New Santa Clara, L.L.C. and Hyatt and authorization to execute all documents necessary to implement the transaction.
      • ACTION: APPROVED Assistant City Manager
        REPORT

  6. PUBLIC PRESENTATIONS:

  7. REPORTS OF SOSA MEMBERS AND SPECIAL SOSA COMMITTEES:

  8. CLOSED SESSION MATTERS:

  9. ADJOURNMENT:

    1. To Tuesday evening, January 10, 2006 , 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 6, 2005

5:30 p.m.
CLOSED SESSION
In the Council Conference Room
Pursuant to Government Code Section 54957.6
Conference with Agency Labor Negotiator
City Negotiator: Jennifer Sparacino, City Manager (or her designee)
Employee Organization(s):
Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171
Unit #2 - Santa Clara Police Officer's Association
Unit #3 - International Brotherhood of Electrical Workers (IBEW), Local Union 1245
Unit #4 - City of Santa Clara Professional Engineers
Units #5, 7 & 8 - City of Santa Clara Employees Association
Unit #6 - AFSCME (American Federation of State, County and Municipal Employees)
Unit #9 - Unclassified Management Employees
Unit #9A - Unclassified Police Employees
Unit #9B - Unclassified Fire Management Employees
Unit #10 - Public Safety Non-Sworn Employees Association
(No reportable action)
and
Pursuant to Government Code Section 54956.8
Property: 1601 Agnew Road; APN: 097-08-050 (2.33 acres)
Negotiating Party(ies): None at this time
City Negotiator: Jennifer Sparacino, City Manager (or her designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property
(provisions, price and terms of payment)
(Withdrawn from the agenda)

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. October 25, 2005.
      • ACTION: APPROVED, AS CORRECTED. City Clerk
        MINUTES

    2. November 1, 2005.
      • ACTION: NOTED AND FILED City Clerk
        MINUTES

  4. CONTINUANCES/EXCEPTIONS:

  5. SPECIAL ORDER OF BUSINESS:

    1. Presentation by the Santa Clara Valley Transportation Authority on the status of the Bay Area Rapid Transit (BART) extension project.
      REPORT

    2. Electric utility service rates and charges increase of 5% beginning January 2006 and an additional 5% beginning July 2006 applicable to all classes of customers: Adoption of a Resolution amending the Rate Schedules.
      REPORT
      RESOLUTION

      1. Correspondence in opposition to the increase.
        • ACTION: ADOPTED RESOLUTION NO. 7285. Dir. Electric, Dir. Finance
          REPORT


  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.)

  7. CONSENT CALENDAR:
    [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
      2.

      1. Approval of Stipulations with Request for Award for Workers' Compensation Claims filed by retired Police Officer Dennis Grilli.
        • ACTION: APPROVED Dir. Human Resources
          REPORT

      2. Approval of Stipulations with Request for Award for Workers' Compensation Claims filed by retired Street Sweeper Operator Vincent Bravo.
        • ACTION: APPROVED Dir. Human Resources
          REPORT

      3. Note and file the Departmental Activity Report for the month of September 2005.
        • ACTION: NOTED AND FILED City Clerk
          REPORT

      4. Acceptance of work performed by Comtel Systems Technology on the Central Park Library Electronic Security System and authorization to record a Notice of Completion (CE 03-04-09).
        • ACTION: APPROVED Dir. Public Works
          REPORT

      5. Acceptance of a donation from the Bank of Santa Clara in the amount of $150 to help fund the 2005 Holiday Tree Lighting Ceremony and authorization to transmit a letter of appreciation.
        • ACTION: APPROVED Dir. Parks
          REPORT

      6. Acceptance of a donation in the amount of $150 from Peter Stern in honor of Delphine Pomeroy to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.
        • ACTION: APPROVED Dir. Parks
          REPORT

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

      8. Approval of the request submitted by Senior Electric Utility Engineer Bansi Tikku to accrue over the maximum vacation hours without penalty.
        • ACTION: APPROVED Dir. Electric, Dir. Human Resources
          REPORT

      9. Acceptance of the Santa Clara Convention Center and Convention/Visitors Bureau First Quarter Activity Report for fiscal year 2005-06.
        • ACTION: APPROVED Dir. Finance
          REPORT

      10. Approval to renew earthquake and flood difference in conditions insurance for the period of November 18, 2005 to November 18, 2006 for the Grizzly Hydroelectric Plant and authorization to make a premium payment to Driver Alliant Insurance Services, Inc. in the amount of $91,506.55.
        • ACTION: APPROVED Dir. Finance