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Summary of June 17, 2008
Summary of June 10, 2008
Summary of May 20, 2008
Summary of May 13, 2008
Summary of May 6, 2008
Summary of April 29, 2008

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.


June 17, 2008

5:00 p.m.
Closed Session
Council Conference Room
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)
(NO REPORTABLE ACTION)
REPORT

6:00 p.m.
Reception Lobby Area
Interviews to Fill Two Vacancies on the
Board of Library Trustees

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 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, Kolstad, Kornder, McLeod and Moore and Mayor Mahan.

  3. APPROVAL OF MINUTES:

    1. May 20, 2008.
      • ACTION: NOTED AND FILED City Clerk
        MINUTES

    2. May 27, 2008 - Special Meeting.
      • ACTION: NOTED AND FILED City Clerk
        MINUTES

  4. CONTINUANCES/EXCEPTIONS:

    1. Reschedule interviews of the Cultural Advisory Commission to July 15, 2008 at 6:00 p.m. for one (1) partial term ending June 30, 2011 and three (3) full terms ending June 30, 2012 with the deadline for application submittal on Wednesday, July 9, 2008 at 5:00 p.m.
      • ACTION: APPROVED City Clerk
        REPORT

  5. SPECIAL ORDER OF BUSINESS:

    1. Showcase of the Fire Department's Emergency Medical Service (EMS) Delivery Service.
      REPORT

    2. Metropolitan Transportation Commission (MTC) awards City with Best All-Around Pavement Management Program and recognition of involved City employees.
      REPORT

    3. Recognition of Outgoing Board/Commission Members.
      REPORT

    4. Recognition of outgoing 2007-08 Youth Commissioners.
      REPORT

    5. Youth Commission presentation of donation checks to Next Door and Silicon Valley Animal Control Authority.
      REPORT

    6. Presentation of the City of Santa Clara/Silicon Valley Power Scholarship and Technical Grant Awards.
      REPORT

    7. Appointments to fill two vacancies on the Board of Library Trustees for the full terms ending June 30, 2012.
      • ACTION: APPOINTED ELIZABETH A. MEGAS (BETSY) AND KATHLEEN WATANABE (KATHY) FOR FULL TERMS ENDING JUNE 30, 2012. City Librarian, City Clerk
        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.)

    2. Approval of the First Amendment to the Negotiation Agreement with the Redevelopment Agency and the San Francisco 49ers for a stadium project in Santa Clara to 1) extend the deadline for Term Sheet negotiations to February 1, 2009 and 2) contingent on an approved Term Sheet, hold a special election in 2009 sometime between June 1, 2009 and October 1, 2009.
      REPORT
      AMENDMENT

      1. Correspondence received as of May 31, 2008.
        • ACTION: APPROVED Assistant City Manager
          REPORT


    3. Approval of a procedural policy that will call for immediate referral of all "big-box" retail proposals (new or amended use permits) in excess of 10,000 square feet within the industrial areas of the City to a Council noticed public hearing for final consideration and affirmation of the Planning Commission's action.
      • ACTION: APPROVED 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 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
      2.

      1. Approval of the Silicon Valley Power Public Benefit Programs for Fiscal Year 2008-09 through Fiscal Year 2012-13 for a total expenditure not to exceed amount of $7,000,000 for Fiscal Year 2008-09.
        • ACTION: APPROVED Dir. Electric
          REPORT

      2. Approval to support Assembly Bill 844 (Berryhill and Maze), which requires junk dealers and recyclers of nonferrous metal to comply with additional record keeping and identification procedures; authorize the transmittal of a letter of support to Honorable Tom Berryhill; and authorize the City Manager to take any follow-up actions as appropriate.
        • ACTION: APPROVED Dir. Streets
          REPORT

      3. Approval for the use of City Electric forces for the installation of facilities at 634 Scott Boulevard.
        • ACTION: APPROVED Dir. Electric
          REPORT

      4. Approval of the use of City Water Forces for the development of a water facility at 1828 Main Street.
        • ACTION: APPROVED Dir. Water
          REPORT

      5. Approval of the use of City Solar Utility forces for the installation at various locations.
        • ACTION: APPROVED Dir. Water
          REPORT

      6. Acceptance of a donation in the amount of $1,300 from the Historic Preservation Society and Old Quad Residents Association from the 2007 Historic Home Tour for the City's Historic Preservation Fund and authorize the transmittal of a letter of appreciation.
        • ACTION: APPROVED Dir. Planning, Dir. Finance
          REPORT

      7. Approval to negotiate and execute agreements, software licenses and related documents associated with the acquisition and operation of MetroFi wireless communications system in support of the Electric Utility's Advanced Metering Project up to a maximum of $370,000 for the acquisition and associated transfer costs.
        • ACTION: APPROVED Dir. Electric
          REPORT

      8. Adoption of Resolutions 1) calling and giving notice of the holding of a General Municipal Election on November 4, 2008 for the election of municipal officers, 2) requesting the Santa Clara County Board of Supervisors to consolidate the election with the Statewide General Election, 3) adopting regulations for Candidates' Statements of Qualifications and determining to levy a share of the costs of the Statements and 4) adjusting the Political Campaign Voluntary Expenditure Limit and authorization to publish the Notice of the Election.

    2. Agreements
      3.

      1. Approval of a Service Agreement with Riverview Systems Group, Inc, in an amount not to exceed $115,833, for video replacement services of the current Council Chambers camera system and network support equipment.

      2. Approval to execute Call No. 08-3 with Electrical Consultants, Inc., in an amount not to exceed $100,000, for miscellaneous engineering services related to the 60kV transmission lines.

      3. Approval of Amendment No. 1 to Call No. 07-1 with Structure Consulting Group, LLC to extend the term for nMarket Settlement Software Upgrades and Training to June 30, 2009.

      4. Approval of Call No. 08-2 with Electrical Consultants, Inc., in an amount not to exceed $30,000, for steel pole evaluation and foundation design for the Palm Substation.

      5. Approval of Amendment No. 6 to the Agreement with ACS Enterprise Solutions, Inc. (ACS) in an amount not to exceed $4,844,099.23 which allows continuation of support for Citywide and departmental computing activities including support of the City's technology infrastructure applications and business processes and authorization for the City Manager to execute amendments that do not increase the amount of the cost of the services but allow ACS to adjust services based on technology needs.

      6. Approval of an Agreement for Services with Davey Tree Surgery Company in an amount not to exceed $623,000 for tree trimming for power line clearance.

      7. Approval of an Agreement with the Santa Clara Chamber of Commerce and Convention-Visitors Bureau in an amount not to exceed $1,446,962 for convention and visitors services for fiscal year 2008-09.

      8. Approval of a Contribution Agreement with Triton Museum of Art in the amount of $304,800 for general operating expenses for fiscal year 2008-09.

      9. Approval of the Community Housing Development Organization Reservation and Predevelopment Loan Agreement with Silicon Valley Habitat for Humanity to develop up to six single-family homes for sale to very low income households.

    3. Reports for Information and Possible Action
      4.

      1. Upcoming Meeting Dates for the Comprehensive Update of the General Plan 2010-2035 Activities.
        • ACTION: NOTED AND FILED City Clerk
          REPORT

    4. Minutes to Note and File
      5.

      1. Parks and Recreation Commission - May 20, 2008.
        • ACTION: NOTED AND FILED City Clerk
          MINUTES

    5. Routine Written Petitions for Approval
      6.

      1. Ray Zarnegar: Request for approval of a Special Permit to allow for outdoor auto display and sales at 1456 El Camino Real for a two year period to expire on July 1, 2010(PLN2008-07103). Staff recommendation: Approval subject to conditions.
        • ACTION: APPROVED Dir. Planning
          REPORT

      2. St. Anthony Council #1: Request for approval to hold a parade on July 12-13, 2008 from the S.E.S. Hall at Lafayette and Lewis Streets to the St. Clare Church on Lexington Street and for the hanging of the street banners. Staff Recommendation: Approval.
        • ACTION: APPROVED Police Chief, Dir. Streets
          REPORT

  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. Approval of an Agreement and Covenant Running with the Land with Mission Gardens of Santa Clara Homeowners Association to maintain two non-standard driveway approaches encroaching in the public right-of-way at 4501+ Lafayette Street (APN 097-19-079 thru 114 and 097-20-119 thru 293; S.C. 18,287) and authorize the recordation of the Agreement.

    2. Embassy Suites Hotel Appeal of the Transient Occupancy Tax (TOT) Audit Decision.
      • ACTION: WITHDRAWN FROM AGENDA
        REPORT

  9. BOARDS AND COMMISSIONS FOR ACTION:

    1. Planning Commission - Minutes of May 28, 2008: Request to note and file.
      • ACTION: NOTED AND FILED City Clerk
        MINUTES

  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.

    1. Steve Hazel: Concerns regarding public interaction on the City Council.

    2. Jack Lueder: Request for trees along San Tomas Expressway not to be removed.

  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.

    2. Informational Memo: Clarification of November 16, 2004 Mills Act Contract Voting Record for Property Owned by Council Member Dominic Caserta (936 Fremont Street, Santa Clara, CA).
      • ACTION: NOTED AND FILED City Clerk
        REPORT

  14. CITY MANAGER REPORTS:

  15. CLOSED SESSION MATTERS:

    1. Set July 8, 2008 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).
      • ACTION: APPROVED City Attorney
        REPORT

  16. ADJOURNMENT:

    1. In Memory of Evelyn Elizabeth DiVita (Santa Clara resident and daughter of retired ) to Thursday morning, June 26, 2008 at 9:00 am in the City Hall Council Chambers for a Joint Meeting with the Mayors and Council Members of the City of Cupertino, City of Mountain View, City of Sunnyvale and the City of Santa Clara Regarding General Regional Issues and to Tuesday evening, July 8, 2008 at 5:00 pm for a Closed Session in the Council Conference Room pursuant to Government Code Section 54956.8 and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.

    2. In Memory of Evelyn Elizabeth DiVita (Santa Clara resident and daughter of retired Housing Inspector Sclavo DiVita) to Thursday morning, June 26, 2008 at 9:00 am in the City Hall Council Chambers for a Joint Meeting with the Mayors and Council Members of the City of Cupertino, City of Mountain View, City of Sunnyvale and the City of Santa Clara Regarding General Regional Issues and to Tuesday evening, July 8, 2008 at 5:00 pm for a Closed Session in the Council Conference Room pursuant to Government Code Section 54956.8 and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.




* * * * * * * * * *

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

June 17, 2008

5:00 p.m.
Closed Session
Council Conference Room
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, Executive Director (or her designee)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property
(provisions, price and terms of payment)
(NO REPORTABLE ACTION)
REPORT


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


  1. ROLL CALL:

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

  2. APPROVAL OF MINUTES:

    1. May 20, 2008.
      • ACTION: NOTED AND FILED Agency Secretary
        MINUTES

    2. May 27, 2008 - Special Meeting.
      • ACTION: NOTED AND FILED Agency Secretary
        MINUTES

  3. CONTINUANCES/EXCEPTIONS:

  4. 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.)

    2. Approval of the First Amendment to the Negotiation Agreement with the City of Santa Clara and the San Francisco 49ers for a stadium project in Santa Clara to 1) extend the deadline for Term Sheet negotiations to February 1, 2009 and 2) contingent on an approved Term Sheet, hold a special election in 2009 sometime between June 1, 2009 and October 1, 2009.
      REPORT
      AMENDMENT

      1. Correspondence received as of May 31, 2008.
        • ACTION: APPROVED Assistant City Manager
          REPORT


  5. PUBLIC PRESENTATIONS:

  6. REPORTS OF AGENCY MEMBERS AND SPECIAL AGENCY COMMITTEES:

    1. Reports regarding conference attendance, if any.

  7. CLOSED SESSION MATTERS:

    1. Set July 8, 2008 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; Agency Negotiator: Jennifer Sparacino, Executive Director (or her designee); Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment).
      • ACTION: APPROVED Agency General Counsel
        REPORT

  8. ADJOURNMENT:

    1. To Tuesday evening, July 8, 2008 at 5:00 pm for a Closed Session in the Council Conference Room pursuant to Government Code Section 54956.8 and to 7:00 pm for the regular scheduled meeting in the City Hall Council Chambers.




* * * * * * * * * *

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


June 17, 2008

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


  1. ROLL CALL:

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

  2. APPROVAL OF MINUTES:

    1. May 20, 2008.
      • ACTION: NOTED AND FILED Authority Secretary
        MINUTES

  3. CONTINUANCES/EXCEPTIONS:

  4. UNFINISHED BUSINESS:

  5. NEW BUSINESS:

    1. Acceptance of the Status Report for the quarter ended March 31, 2008 on the fiscal operation of the Santa Clara Golf and Tennis Club.
      • ACTION: APPROVED Director of Finance (SOSA)
        REPORT

  6. PUBLIC PRESENTATIONS:

  7. REPORTS OF SOSA MEMBERS AND SPECIAL SOSA COMMITTEES:

    1. Reports regarding conference attendance, if any.

  8. CLOSED SESSION MATTERS:

  9. ADJOURNMENT:

    1. To Tuesday evening, July 8, 2008 at 7:00 p.m. for the regular scheduled meeting in the City Hall Council Chambers.



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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.


June 10, 2008

5:00 p.m.
Closed Session
Council Conference Room
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)
[NO REPORTABLE ACTION]
REPORT


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 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, Kolstad, Kornder, McLeod and Moore and Mayor Mahan.

  3. APPROVAL OF MINUTES:

    1. May 6, 2008.
      • ACTION: NOTED AND FILED City Clerk
        MINUTES

    2. May 13, 2008.
      • ACTION: NOTED AND FILED City Clerk
        MINUTES

  4. CONTINUANCES/EXCEPTIONS:

  5. SPECIAL ORDER OF BUSINESS:

    1. Appointment of three residents to serve on the General Plan Steering Committee; endorse the overall General Plan Steering Committee membership; and direct the City Manager to fill the final vacancies on the Committee prior to the inaugural July 10 Committee meeting.
      • ACTION: APPROVED STAFF RECOMMENDATION AND APPOINTED THOMAS BANHOLZER, PATRICIA FINNIGAN BIOCINI, KEVIN PARK AND PETER YOON TO THE STEERING COMMITTEE. Dir. Planning
        REPORT

    2. Direct the City Manager to release all existing covenants and not enforce the requirements of the City Code Section 17.15 (Property Development) for street improvements in annexed residential areas, such as in the South of Forest Neighborhood and other similar neighborhoods, which currently do not have the required street improvements.
      • ACTION: APPROVED Dir. Public Works
        REPORT

      1. Letter received by Bill Gissler of Santa Clarans for Fiscal Responsibility dated June 5, 2008.
        WRITTEN PETITION

    3. JOINT PUBLIC HEARING: Fiscal Year 2008-09 Annual Budget for the City of Santa Clara (City), the Redevelopment Agency (Agency) and the Sports and Open Space Authority (Authority) including Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Program funding.
      1. Adoption of the 2008-09 Budget Principles.
      2. Adoption of a Council Resolution establishing the Appropriation Limit of $276,718,902.
      3. Approval of Capital Improvement Project (CIP) Budgets for the City of $68,066,879; the Agency of $23,864,390; the Authority of $75,000, plus any open items and adjustments as noted in the 2008-09 Budget Errata Memo.
      4. Approval of the City total budget of $556,026,423, which includes the City's Operating Budget of $487,959,544 and CIP budget of $68,066,879, plus any open items and adjustments as noted in the 2008-09 Budget Errata Memo.
      5. Approval of the Agency total budget of $53,584,571, which includes the CIP budget of $23,864,390, plus any open items and adjustments as noted in the 2008-09 Budget Errata Memo.
      6. Approval of the Authority total budget of $6,205,284, which includes the CIP budget of $75,000, plus any open items and adjustments as noted in the 2008-09 Budget Errata Memo.
      7. Approval of the Five Year Financial Plan 2009-10 through 2013-14, plus any open items and adjustments as noted in the 2008-09 Budget Errata Memo. The adopted Five Year Financial Plan will be included as part of the adopted Operating and Capital Improvement Project budget documents.
      8. Approval to continue the contribution rate to the Redevelopment Agency Housing Fund at 30% of tax increment funds received by the Bayshore North Redevelopment Project Area instead of the State mandated 20% contribution rate.
      9. Adoption of Council and Agency Resolutions determining that the use of the Redevelopment Agency's Low and Moderate Income Housing Fund for housing services outside of the redevelopment project areas will benefit the redevelopment project areas.
      10. Adoption of an Agency Resolution determining that the planning and administrative expenses provided in the budget to be made from the Low and Moderate Income Housing Fund are necessary for the production, improvement or preservation of low-and moderate-income housing.
      11. Approval of the use of $154,600 for police activities and programs from the Asset Seizure Trust Fund as requested by the Chief of Police.
      12. Adoption of a Council Resolution establishing new/revised fees for the City Manager's Office and the Department of Public Works.
      13. Adoption of a Council Resolution establishing the 2008-09 Fee Schedule, plus items noted in the 2008-09 Budget Errata Memo.
      • ACTION: APPROVED THE INCREASE OF THE SIZE OF THE NORTHSIDE BRANCH LIBRARY COMMUNITY/PROGRAM ROOM TO 2000 SQUARE FEET, WHICH INCREASES THE REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT PROJECT BUDGET COST BY $990,000 WITH NO SIGNIFICANT INCREASE IN ANNUAL OPERATING EXPENSES. APPROVED THE FUNDING FOR PHASE 1 NEW POOLS PROJECT FOR A TOTAL OF $1.4 MILLION, INCLUDING $450,000 FROM FISCAL YEAR 2007-08, ADDITIONAL FUNDING OF $550,000 IN THE PROPOSED FISCAL YEAR 2008-09 CAPITAL IMPROVEMENT PROJECT (CIP), ADDITIONAL FUNDING OF $400,000 FROM CAPITAL PROJECT RESERVE TO THE 2008-09 CAPITAL IMPROVEMENT PROJECT BUDGET TO COMPLETE INTERNATIONAL SWIM CENTER DESIGN FOR PHASE 1 NEW POOLS PROJECT AND REFER TO THE CITY MANAGER TO MAKE RECOMMENDATIONS REGARDING FUNDING OPTIONS. APPROVED FISCAL YEAR 2008-09 ANNUAL BUDGET AS INDICATED ABOVE, INCLUDING THE APPROVED ADDITIONAL FUNDING FOR THE NORTHSIDE BRANCH LIBRARY AND THE GEORGE F. HAINES INTERNATIONAL SWIM CENTER PROJECTS. ADOPTED THE 2008-09 BUDGET PRINCIPLES ADOPTED COUNCIL RESOLUTION NO. 08-7523 ESTABLISHING THE APPROPRIATION LIMIT OF $276,718,902, APPROVED THE FIVE YEAR FINANCIAL PLAN 2009-10 THROUGH 2013-14, APPROVED CONTINUING THE CONTRIBUTION RATE TO THE REDEVELOPMENT AGENCY HOUSING FUND AT 30% OF TAX INCREMENT FUNDS, ADOPT COUNCIL RESOLUTION NO. 08-7524 AND AGENCY RESOLUTION NO. 08-04 (RA) DETERMINING THAT THE USE OF THE REDEVELOPMENT AGENCY'S LOW AND MODERATE INCOME HOUSING FUND FOR HOUSING SERVICES OUTSIDE OF THE REDEVELOPMENT PROJECT AREAS WILL BENEFIT THE REDEVELOPMENT PROJECT AREAS, ADOPT AGENCY RESOLUTION NO. 08-05 (RA) DETERMINING THAT THE PLANNING AND ADMINISTRATIVE EXPENSES PROVIDED IN THE BUDGET TO BE MADE FROM THE LOW AND MODERATE INCOME HOUSING FUND ARE NECESSARY, APPROVE THE USE OF $154,600 FOR POLICE ACTIVITIES AND PROGRAMS FROM THE ASSET SEIZURE TRUST FUND, ADOPTED COUNCIL RESOLUTION 08-7525 SETTING CHARGES FOR COPIES OF PUBLIC RECORDS, ADOPTED COUNCIL RESOLUTION 08-7526 ESTABLISHING COST RECOVERY FEE FOR SANITARY SEWER MODELING FEES, ADOPTED COUNCIL RESOLUTION 08-7527 ESTABLISHING A COST RECOVERY FEE FOR COUNTY RECORDING FEES, ADOPTED COUNCIL RESOLUTION 08-7528 ESTABLISHING THE MUNICIPAL FEE SCHEDULE.
        REPORT
        RESOLUTION
        RESOLUTION
        RESOLUTION
        RESOLUTION
        RESOLUTION
        RESOLUTION
        RESOLUTION
        RESOLUTION
        RESOLUTION
        RESOLUTION

  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
      2.

      1. Acceptance of the April 30, 2008 financial status reports.
        • ACTION: APPROVED Dir. Finance
          REPORT

      2. Approval to set the salary for Mr. Richard Hollis and Mr. Minh Phung in the vacant Electric Utility Generation Technician positions at the salary range D1-35, step 2.
        • ACTION: APPROVED Dir. Electric
          REPORT

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

      4. Approval for use of City Solar Utility forces for installation of facilities at various locations.
        • ACTION: APPROVED Dir. Water
          REPORT

      5. Approval for use of City Water forces for development of water facilities at various locations.
        • ACTION: APPROVED Dir. Water
          REPORT

      6. Note and file the Departmental Activity Report for the month of April 2008.
        • ACTION: NOTED AND FILED City Clerk
          REPORT

      7. Approval of up to five additional police officers for Fiscal Year 2008-09 as overfill positions.
        • ACTION: APPROVED Police Chief
          REPORT

      8. Approval and authorization to publish the proposed August 2008 Mission City SCENES.
        • ACTION: APPROVED Senior Staff Aide
          REPORT

      9. Set July 8, 2008 for a public hearing to consider the appeal submitted by Jennifer Renk for Luce, Forward, Hamilton & Scripps LLP of the Planning Commission's approval of a variance for ride height in conjunction with the construction of a 111-foot high wooden roller coaster at California's Great America.
        • ACTION: APPROVED City Clerk, Dir. Planning
          REPORT

      10. Approval of the adjusted total compensation allocations which reflect the CalPERS rate adjustment for miscellaneous employees to 16.984%, effective the pay period beginning June 29, 2008, for International Brotherhood of Electrical Workers Local 1245 (IBEW, Unit 3), Professional Engineers (Unit 4), Santa Clara Employees' Association (Units 5, 7, 8), American Federation of State, County and Municipal Employees Local 101 (AFSCME, Unit 6), Miscellaneous Unclassified Management Employees (Unit 9, including City Manager, City Attorney and City Clerk/City Auditor), and Public Safety Non-Sworn Employees Association (Unit 10) which will result in a 0.0% total compensation increase for all affected bargaining groups and a salary increase of .31% for Professional Engineers, .30% for the Miscellaneous Unclassified Management Employees, and .29% for IBEW, AFSCME, the Employees' Association, PSNSEA.
        • ACTION: APPROVED Dir. Human Resources
          REPORT

      11. Adoption of a Resolution to modify Section 2.4 (Evidence Required to Sustain City's Case) of the City's Code Enforcement Procedures to provide that an enforcement officer is required to appear at an administrative hearing.

      12. Set July 8, 2008 as the Public Hearing for the rezoning application of 1575 Pomeroy Avenue (PLN2007-06781).
        • ACTION: APPROVED Dir. Planning
          REPORT

      13. Approval to support Senate Bill 1625 (Corbett) to expand the California Beverage Container Recycling and Litter Reduction Act (Bottle Bill); authorize the City Manager to transmit a letter of support to Senator Tom Torlakson and authorize the City Manager to take any follow-up actions as appropriate.
        • ACTION: APPROVED Dir. Streets
          REPORT

      14. Adoption of Ordinance No. 1840 which approves the Development Agreement with BRE Properties, Inc. and Taylor Morrison of California, LLC for the Marina Playa Project located at 1331-1333 Lawrence Expressway.

      15. Authorize the publication of the Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Funds for The Commons in the San Jose Mercury News.
        • ACTION: APPROVED Housing and Com Services Div.
          REPORT

      16. Establishment of a new Consumer Price Index base of 21 7 . 4 and adoption of a Resolution adopting a revised Schedule of Tariffs for the collection and disposal of garbage, refuse and Clean Green Material by Mission Trail Waste Systems, Inc. effective billing cycle of July 200 8 .
        • ACTION: APPROVED STAFF RECOMMENDATION AND ADOPTED RESOLUTION NO. 08-7530. Dir. Streets
          REPORT
          RESOLUTION

    2. Agreements
      3.