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 PURSUANT TO CITY COUNCIL POLICY (P&P 042). (CODE OF CIVIL PROCEDURE SECTION 1094.6)

1. PLEDGE OF ALLEGIANCE AND INVOCATION PRAYER:


2. ROLL CALL:


1. Present: Council Members Caserta, Kennedy, Kornder, McLeod and Moore. Absent: Council Member Kolstad (excused) and Mayor Mahan (excused).
   REPORT
   


3. APPROVAL OF MINUTES:


1. November 13, 2007.
   • ACTION: NOTED AND FILED City Clerk
     MINUTES
     
   
   
4. CONTINUANCES/EXCEPTIONS:


5. SPECIAL ORDER OF BUSINESS:


1. Presentation of funds to local charities from the 2007 Santa Clara Art and Wine Festival proceeds.
   REPORT
   


6. UNFINISHED BUSINESS:


1. Possible Reconsideration of Actions Taken at Immediately Preceding Meeting. (See the Summary of 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 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. Approval and authorization to publish the proposed February 2008 Mission City SCENES .
   • ACTION: APPROVED Senior Staff Aide
     REPORT
     
   
   
2. Note and file the Departmental Activity Report for the month of October 2007.
   • ACTION: NOTED AND FILED City Clerk
     REPORT
     
   
   
3. Approval of the use of City Electric forces for the installation of facilities at 1415 Richard Avenue.
   • ACTION: APPROVED Dir. Electric
     REPORT
     
   
   
4. Approval to set January 8, 2008 for a public hearing to consider the appeal submitted by Nancy Rydberg of the Planning Commission's denial to allow an accessory building attached to an existing 1-car garage for variance of property located at 2622 Painted Rock Drive (PLN2007-06448).
   • ACTION: APPROVED Dir. Planning
     REPORT
     
   
   
5. Approval to set February 12, 2008 for a Public Hearing to obtain citizen's views on proposals to use 2008-09 Community Development Block Grant (CDBG) and Home Investment Partnerships Act (HOME) Entitlement Funds and authorization to publish the Notice of Public Hearing.
   • ACTION: APPROVED Housing and Com Services Div.
     REPORT
     
   
   
6. Approval (retroactively) to transmit a letter to Senator Barbara Boxer regarding S.2191, America's Climate Security Act, as well as any follow up legislative action needed.
   • ACTION: APPROVED Dir. Electric
     REPORT
     
   
   
7. Authorization to send out the 2007 annual benefit assessments for the Downtown Santa Clara Business Improvement District at the same rate as 2006.
   • ACTION: APPROVED Dir. Streets
     REPORT
     
   
   
8. Adoption of a Resolution establishing a No Parking zone for vehicles in excess of 20 feet in length and with three or more axles on the south side of Homestead Road between Kiely Boulevard and Layton Street.
   • ACTION: ADOPTED RESOLUTION NO. 07-7469. Dir. Public Works
     REPORT
     RESOLUTION
     
   
   
9. Adoption of a Resolution establishing No Stopping, Standing, or Parking at Any Time zone on the south side of Monroe Street, west of Amethyst Drive.
   • ACTION: ADOPTED RESOLUTION NO. 07-7470. Dir. Public Works
     REPORT
     RESOLUTION
     
   
   
10. Adoption of the 2007-2008 Weed Abatement Program Resolution declaring weeds a public nuisance; approval to set January 22, 2008 for a public hearing; and authorization to publish the Notice of Public Hearing.
    • ACTION: ADOPTED RESOLUTION NO. 07-7471. Fire Chief
      REPORT
      RESOLUTION
      
    
    
11. Approval of Plans and Specifications for the Homestead Road Bicycle Project; authorization to make necessary modifications, including revisions necessary to make an objective determination of the lowest responsible bidder; and authorization to advertise for bids (CE 07-08-07).
    • ACTION: APPROVED Dir. Public Works
      REPORT
      
    
    
12. Approval of the revised job description for the Director of Human Resources and set the control point for the position at $13,956 per month.
    • ACTION: APPROVED Dir. Human Resources
      REPORT
      
    
    
13. Pass to print an Ordinance adding Section 10.05.630, Parking - Commercial Vehicles in Residential Districts, to the Code of the City of Santa Clara.
    • ACTION: PASSED TO PRINT ORDINANCE NO. 1827. City Attorney
      REPORT
      
    
    
14. Approval of the Total Compensation Allocations for Employee Bargaining Unit #2 (Police Officers' Association) resulting in a 4.5 % total compensation increase, effective the pay period beginning December 16, 2007.
    • ACTION: APPROVED Dir. Human Resources
      REPORT
      
    
    
15. Approval of the adjusted Total Compensation Array for Employee Bargaining Unit #9A (Unclassified Police Management Employees) resulting in a 4.5% total compensation increase and a salary increase of 4.28%, effective the pay period begining December 16, 2007 and application of salary and fringe benefit changes to the elected position Chief of Police.
    • ACTION: APPROVED Dir. Human Resources
      REPORT
      
    
    
16. 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 Local 101 (AFSCME), Public Safety Non-Sworn Employees' Association and Miscellaneous Unclassified Management Employees, which will result in a total compensation increase of 2.5% and salary increases as indicated, ranging from 1.23% to 2.25%, effective the pay period beginning December 16, 2007 and approval of the application of salary and fringe benefit changes to the Council appointed positions of City Manager, City Attorney, City Auditor and the elected position of City Clerk.
    
    
    • ACTION: APPROVED Dir. Human Resources
      REPORT
      
    
    
2. Agreements


1. Approval of Call Agreement and Call 07-1 with Harris & Associates for Electric Substation and Transmission Line Project Management Services, in an amount not to exceed $75,000.
   • ACTION: APPROVED Dir. Electric
     REPORT
     AGREEMENT
     CALL
     
   
   
2. Approval of Amendment No. 1 to the Mission Terrace, LLC Agreement amending provision of the Affordable Housing Agreement to allow an in-lieu payment in exchange for four one-bedroom Below Market Purchase housing units at the Mission Terrace condominium project.
   • ACTION: APPROVED Housing and Com Services Div.
     REPORT
     AMENDMENT
     
   
   
3. Reports for Information and Possible Action


1. Call No. 07-1 with Shaw Environmental, Inc. for Construction Management for the All Purpose Landfill (Parcel 3/6) Leachate Extraction System Project, Phase 1.
   • ACTION: NOTED AND FILED City Clerk
     REPORT
     
   
   
2. Amendment No. 1 to the Agreement for Professional Services with Prodis Associates Architects for the Agnews Cemetery Visitors Center.
   • ACTION: NOTED AND FILED City Clerk
     AGENDA
     
   
   
3. Agreement for Professional Services with Consolidated Engineering Laboratories for Special Inspection and Materials Testing for the Santa Clara Convention Center Ballroom Expansion (CE 07-08-03).
   • ACTION: NOTED AND FILED City Clerk
     REPORT
     
   
   
4. League of California Cities Western City Magazine features Santa Clara's Ethics Program authored by Rod Diridon, Jr., City Clerk/City Auditor.
   • ACTION: NOTED AND FILED City Clerk
     REPORT
     
   
   
5. American Public Power Association Public Power Weekly Magazine features National Award received by Silicon Valley Power for its Green Power Program.
   • ACTION: NOTED AND FILED City Clerk
     REPORT
     
   
   
6. "Designing for the Care and Maintenance of Buildings" an article published in "Buildings" magazine, co-authored by Stephen Schrag, Building Manager for the City of Santa Clara.
   • ACTION: NOTED AND FILED City Clerk
     REPORT
     
   
   
4. Minutes to Note and File


1. Cultural Advisory Commission - November 5, 2007.
   • ACTION: NOTED AND FILED City Clerk
     MINUTES
     
   
   
5. Routine Written Petitions for Approval


1. Valley House Care Center: Request for approval of a Special Permit for the placement and use of a 24' X 40' temporary trailer at 991 Clyde Avenue for a period of two years. Staff Recommendation: Approval subject to conditions.
   • ACTION: APPROVED Dir. Planning
     REPORT
     
   
   
8. BOARDS AND COMMISSIONS FOR ACTION:


1. Parks and Recreation Commission - Minutes of November 20, 2007: Request to note and file.
   * Approval of the proposed George F. Haines International Swim Center Master Plan, proceed with the cost estimate, include new building construction and annual operating expenses in the cost estimate.
   
   * Approval of the posting of signs in the Central Park Lake Area prohibiting feeding of animals.
   • ACTION: NOTED AND FILED THE MINUTES AND APPROVED THE COMMISSION'S RECOMMENDATIONS. Dir. Parks
     MINUTES
     
   
   
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.


1. Michele Ryan: Concerns regarding global warming and effects on the San Francisco 49ers Stadium proposal.
   REPORT
   


2. James Rowen: Comments in favor of San Francisco 49ers Stadium proposal.


3. Brian Darby: Comments against San Francisco 49ers Stadium proposal.


11. REPORTS FOR COUNCIL ACTION:


1. Authorization to submit application for the Citizens Option for Public Safety (COPS) Grant for 2007-08 fiscal year for communications equipment; approval to execute a request to the Santa Clara County Supplemental Law Enforcement Oversite Committee (SLEOC) for disbursement of $219,669 in COPS funding; approval and appropriation of the funds; and approval to set January 8, 2008 as a Public Hearing to allow the public an opportunity to express views on the proposed use of the funds.
   • ACTION: APPROVED Police Chief
     REPORT
     
   
   
2. Appointment of a Councilmember to represent the City of Santa Clara on the Valley Transportation Authority (VTA) Board of Directors for term beginning January 1, 2008.
   • ACTION: APPOINTED COUNCIL MEMBER CASERTA Dir. Public Works
     REPORT
     
   
   
12. 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
   
   
13. REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:


1. Reports regarding conference attendance, if any.


14. CITY MANAGER REPORTS:


15. CLOSED SESSION MATTERS:


1. Set December 18, 2007 at 5:00 p.m. for a Closed Session in the Council Conference Room for a Conference with Real Property Negotiator pursuant to Government Code Section 54956.8; Property: APN 104-43-051, APN 104-43-052, APN 104-43-030, APN 104-42-014 and APN 104-42-019; Negotiating Party(ies): Cedar Fair and the San Francisco 49ers; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment); and a Conference with Agency Labor Negotiator pursuant to Government Code 54957.6; City Negotiator: Jennifer Sparacino, City Manager (or her designee); Employee Organization(s): Unit #1 - Santa Clara Firefighters Association, IAFF, Local 1171 and Unit #9B - Unclassified Fire Management Employees
   • ACTION: APPROVED City Attorney
     REPORT
     
   
   
16. ADJOURNMENT:


1. In Memory of Rouben V. Chakalian (father to City employee, Angie Herrera,
   Sr. Accounting Technician, Finance Department) to Tuesday evening, December 18, 2007 , at 5:00 p.m. for a Closed Session and to 7:00 p.m. in the City Hall Council Chambers for a City Council/Redevelopment Agency Joint "Committee of the Whole" Special Meeting for City staff presentation of options and issues related to financing options pertaining to the San Francisco 49ers stadium proposal and a San Francisco 49ers presentation of alternative stadium location plans and to Tuesday, January 8, 2008 for a regular scheduled meeting in the City Hall Council Chambers.