APPEAL OF HEARING DECISIONS OF THE CITY COUNCIL MUST BE MADE TO THE SUPERIOR COURT WITHIN 90 CALENDAR DAYS OF FINAL ACTION. (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. CONTINUANCES/EXCEPTIONS:


4. SPECIAL ORDER OF BUSINESS:


1. Presentation of a check in the amount of $2,500 from The Wutzit Club Alumni Committee to be used for Parks and Recreation Department programs at the Walter E. Schmidt Youth Activity Center.
   REPORT
   


2. Recognition of Joe Kornder for his service on the Planning Commission.
   REPORT
   


3. Promotion of the vacancy on the Parks and Recreation Commission.
   REPORT
   


5. UNFINISHED BUSINESS:


6. 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 a member of the Council, staff, or public requests discussion. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]


1. Departmental Reports


1. Adoption of a Resolution declaring weeds to be a nuisance and setting January 23, 2007 for the public hearing and authorization to publish the Notice of the Public Hearing.
   • ACTION: ADOPTED RESOLUTION NO. 7375. Fire Chief
     REPORT
     RESOLUTION
     
   
   
2. Adoption of a Resolution which adopts the revised Silicon Valley Power Market Risk Management Policy.
   • ACTION: ADOPTED RESOLUTION NO. 7376. Dir. Electric
     REPORT
     RESOLUTION
     
   
   
3. Approval of the total compensation allocation of 3.385% for the International Association of Firefighters, Local 1171, and Unclassified Fire Management, which results in a 3.50% salary increase and results in a 3.54% salary increase for Unclassified Fire Management, effective the pay period beginning December 17, 2006.
   • ACTION: APPROVED Dir. Human Resources
     REPORT
     
   
   
4. 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) and Unclassified Management Employees (including City Manager, City Attorney, City Auditor and City Clerk) which will result in a total compensation increase of 4.0% and salary increases ranging from 1.2% to 1.46% effective the pay period beginning December 17, 2006.
   • ACTION: APPROVED Dir. Human Resources
     REPORT
     
   
   
5. Approval of the Memorandum of Understanding (MOU) and Total Compensation Arrays in concept based on Council direction, if agreements are reached by December 16, 2006, or approval of an extension of deadlines to January 15, 2007 for Santa Clara Police Officers' Association and Unclassified Police Management employees (including the Police Chief) and if agreement is reached by January 15, 2007, approval of the total compensation adjustment and Memorandum of Understanding effective December 17, 2006.
   • ACTION: APPROVED Dir. Human Resources
     REPORT
     
   
   
6. Adoption of the Memorandum of Understanding (MOU) Re-opener Agreements in concept and subject to ratification of the Public Safety Non-sworn Employees' Association Unit 10 and the distribution of total compensation which includes a 4% total compensation increase and results in a 1.49% salary increase.
   • ACTION: APPROVED Dir. Human Resources
     REPORT
     
   
   
7. Pass to print an Urgency Ordinance authorizing an amendment to the Contract for Safety Members with the Board of Administration of the California Public Employees' Retirement System (CalPERS) and adoption of a Resolution of Intent to approve the amendment for the implementation of the CalPERS Alternate Death Benefit for Local Fire Members Credited with 20 or More Years of Service.
   • ACTION: PASSED TO PRINT EMERGENCY ORDINANCE NO. 1814 AND ADOPTED RESOLUTION NO. 7377. Dir. Human Resources
     REPORT
     RESOLUTION
     
   
   
2. Agreements


1. Approval of a Pole Contact Agreement with Paxio, Inc.
   • ACTION: APPROVED Dir. Electric
     REPORT
     AGREEMENT
     
   
   
2. Approval of Amendment No. 1 to the Pole Contact Agreement with Comcast of California/Florida/Oregon, Inc. to extend the Agreement to December 31, 2007.
   • ACTION: APPROVED Dir. Electric
     REPORT
     AMENDMENT
     
   
   
3. Reports for Information and Possible Action


1. Agreement for Services with Fairway Painting Associates and the Redevelopment Agency for the Santa Clara Convention Center Painting Upgrade.
   • ACTION: NOTED AND FILED City Clerk
     REPORT
     
   
   
2. Cable Franchise Status and Telecommunication Policy Review Update.
   • ACTION: NOTED AND FILED City Clerk
     REPORT
     
   
   
4. Minutes to Note and File


1. International Exchange Commission - October 3, 2006.
   • ACTION: NOTED AND FILED City Clerk
     MINUTES
     
   
   
2. Cultural Advisory Commission - Minutes of September 11, 2006.
   • ACTION: NOTED AND FILED City Clerk
     MINUTES
     
   
   
5. Routine Written Petitions for Approval



7. WRITTEN PETITIONS:


1. Dan Pirofalo and Paula Miller: Request for approval of a Special Permit for a County-certified Key Recovery Sober Living Environment Home for 8 to 10 male residents and one house manager at 1245 Jefferson Street (PLN2006-06080).
   Staff Recommendation: That the Council find that the proposed facility is not a single family residential use of the property and may create high activity levels and adverse parking conditions and deny the request.
   REPORT
   


1. Ray Russo, Jr.: Letter in opposition to the request.
   • ACTION: DENIED THE REQUEST. Dir. Planning
     WRITTEN PETITION
     
   
   


8. BOARDS AND COMMISSIONS FOR ACTION:


1. Civil Service Commission - Minutes of November 13, 2006: Request to note and file.
   * Approval of the modification of the Job Specifications for Assistant Water Superintendent, Water Service Technician I, Combination Inspector and Electric Utility Engineer.
   • ACTION: APPROVED THE RECOMMENDATIONS AND NOTED AND FILED THE MINUTES. Dir. Human Resources, City Clerk
     MINUTES
     
   
   
2. Senior Advisory Commission - Minutes of November 27, 2006: Request to note and file:
   * Recommendation for the City to not charge any fees to resident seniors or disabled residents for the use of the Senior Center fitness/pool facilities and to evaluate the program after a three month trial period.
   MINUTES
   


1. Staff recommendation to implement the fees as approved in the 2006-07 budget.
   • ACTION: APPROVED THE COMMISSION'S RECOMMENDATION TO NOT CHARGE ANY FEES TO RESIDENTS; REFERRED TO THE CITY MANAGER TO CHARGE AT LEAST A $10 FEE FOR NON-RESIDENTS WHO ARE ACCOMPANIED BY A SENIOR RESIDENT AND REVIEW MAINTAINING THE CURRENT SENIOR CENTER HOURS OF OPERATION AND TO REPORT TO COUNCIL AFTER A SIX MONTH TRIAL PERIOD; AND NOTED AND FILED THE MINUTES. Dir. Parks, City Clerk
     REPORT
     
   
   


9. CONSENT ITEMS PULLED FOR DISCUSSION:


10. 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.


11. 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
   
   
12. REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:


1. Council Officers and Elected Full Time Employees Performance/Salary Review Committee - Minutes of November 27, 2006: Request to note and file.
   * Recommendation to appoint City Clerk Rod Diridon, Jr. to the City Auditor position effective December 31, 2006.
   • ACTION: APPOINTED CITY CLERK ROD DIRIDON, JR. TO THE POSITION OF CITY AUDITOR AND NOTED AND FILED THE MINUTES. City Clerk
     MINUTES
     
   
   
13. CITY MANAGER REPORTS:


14. CLOSED SESSION MATTERS:


15. ADJOURNMENT:


1. In Memory of John I. Mahan (father of Mayor Patricia M. Mahan and former Council Member, Civil Service Commissioner and Planning Commissioner and Santa Clara Unified School District Board of Trustee member) to Tuesday evening, December 12, 2006 at 6:00 p.m. for a Closed Session in the Council Conference Room and to 7:00 p.m. in the City Hall Council Chambers for the scheduled regular meeting.