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.

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, Diridon, Kolstad, Matthews and Parle and Mayor Mahan. Absent: Council Member McLemore (excused).

   REPORT
   


3. APPROVAL OF MINUTES:




1. November 18, 2003.


• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


4. CONTINUANCES/EXCEPTIONS:
   


1. Continue to January 27, 2004 the Public Hearing on the Owner Participation Agreement for affordable housing and the Tentative Parcel Map for 3600 Flora Vista Avenue.


• ACTION: APPROVED  Dir. Planning
  REPORT
  


5. SPECIAL ORDER OF BUSINESS:




1. Santa Clara Veterans Committee recognition of the City's support of the Vietnam Moving Wall Memorial.

   REPORT
   


2. Review of Year 2003 Highlights of Municipal Accomplishments and Thank-you to Boards, Commissions, Volunteers, Citizens and City Staff.

   REPORT
   


3. Informational Memo : California Assembly Passage of Assembly Bill Without Vehicle License Fee (VLF) Backfill and the Effects on the City Budget.

   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
1. Set February 10, 2004 for a public hearing to obtain citizen's views on proposals to use 2004-05 Community Development Block Grant (CDBG) and Home Investment Partnerships Act Entitlement Funds and authorization to publish the Notice of the Public Hearing.
• ACTION: APPROVED  Housing and Com Services Div.
  REPORT
  


2. 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 June 30, 2003 as recommended by the City Council Audit Committee.
• ACTION: APPROVED  Dir. Finance
  REPORT
  


3. Approval of the request submitted by Lieutenant Richard Beard to accrue over the maximum vacation hours without penalty.
• ACTION: APPROVED  Dir. Human Resources, Police Chief
  REPORT
  


4. Approval to extend the Medical Leave of Absence for Charles Gibson through March 1, 2004.
• ACTION: APPROVED  Dir. Human Resources, Police Chief
  REPORT
  


5. Adoption of a Resolution authorizing the City's application to the California Department of Parks and Recreation for the Urban Park Act of 2001 Program grant funds for the City's San Tomas Aquino Creek Trail, Reach 3.
• ACTION: ADOPTED RESOLUTION NO. 7094.  Dir. Public Works
  REPORT
  RESOLUTION
  


6. Adoption of a Resolution establishing 4 Hour Parking between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays, Sundays and Holidays Excepted zones on the south side of Franklin Street east of The Alameda, north side of Franklin Street west of The Alameda and west of Alviso Street, west side of The Alameda north of Franklin Street, west side of Alviso Street between Franklin Street and Benton Street, north side of The Alameda west of Mission Street and south of Bellomy Street and repealing Section 3 of Resolution No. 6139, Section 2 of Resolution No. 1742 and Subsection b of Section 1 Resolution No. 6685.
• ACTION: ADOPTED RESOLUTION NO. 7095.  Dir. Public Works
  REPORT
  RESOLUTION
  


7. Acceptance of the Financial Status Reports for October 31, 2003.
• ACTION: APPROVED  Dir. Finance
  REPORT
  


8. Acceptance of the City of Santa Clara Independent Auditors' Single Audit Reports for fiscal year ended June 30, 2003 as recommended by the Council Audit Committee.
• ACTION: APPROVED  Dir. Finance
  REPORT
  


9. Approval to add 1124 Jackson Street, 715 Hilmar Street, 626 Lincoln Street, 1194 Lincoln Street and 1451 Lexington Street to the Architecturally or Historically Significant Properties List and to process ten Mills Act contracts for 2003 to adjust for the fewer number approved in 2000, 2001 and 2002 and authorization to execute Mills Act Agreements for 1124 Jackson Street, 715 Hilmar Street, 626 Lincoln Street, 1194 Lincoln Street, 1451 Lexington Street, 1285 Main Street, 776 Monroe Street, 925/927 Harrison Street, 1358 Santa Clara Street and 1385 Lewis Street.
• ACTION: APPROVED  Dir. Planning
  REPORT
  AGREEMENTS
  


2. Agreements
1. Approval of an Agreement with One Workplace L. Ferrari, Inc. in a total amount not to exceed $276,605.41 for the purchase and installation of miscellaneous furniture in the new Central Park Library.
• ACTION: APPROVED  City Librarian, Dir. Public Works
  REPORT
  AGREEMENT
  


2. Approval of Amendment No. 3 to the Agreement with Mark Thomas & Co. Inc. for Reach 1 of the San Tomas Aquino Creek Trail for a not to exceed cost of $92,706.
• ACTION: APPROVED  Dir. Public Works
  REPORT
  AMENDMENT
  


3. Approval of Amendment No. 1 to the Agreement with Brian Kangas Foulk to extend the date of the Agreement for consultant services for the improvements to Mission College Boulevard and Great America Parkway to December 31, 2006.
• ACTION: APPROVED  Dir. Public Works
  REPORT
  AMENDMENT
  


4. Approval of Amendment No. 3 to the Agreement with Owens Corning, Inc. to retain sales of electricity at a discounted rate.
• ACTION: APPROVED  Dir. Electric
  REPORT
  AMENDMENT
  


5. Approval of the Agreement with CSG Consultants, Inc. for plan checking and inspection services in an amount not to exceed $200,000.
• ACTION: APPROVED  Dir. Planning
  REPORT
  AGREEMENT
  


6. Approval of an Agreement with Vishay-Siliconix for the purchase of electricity on a long-term basis in exchange for certain discounted rates.
• ACTION: APPROVED  Dir. Electric
  REPORT
  AGREEMENT
  


3. Reports for Information and Possible Action
1. Give A Little . . . Help A Lot Campaign Progress Report.
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


2. Termination of Northern California Power Agency Hydroelectric Project Number Two, The Poe Hydroelectric Project.
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


3. Natural Gas Procurement for Donald Von Raesfeld Power Plant (Pico Project).
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


4. "Habitat House Calls" Habitat for Humanity Newsletter, Fall 2003.
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


5. Public Management Features George F. Haines International Swim Center.
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


4. Minutes to Note and File
1. Neighborhood - University Relations Committee - November 17, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


5. Routine Written Petitions for Approval

8. BOARDS AND COMMISSIONS FOR ACTION:




1. Civil Summary Commission - Minutes of December 8, 2003.

   * Approval of the new Job Specification for Senior Electric Meter Technician.
   

   * Approval of the modification of the Job Specification for Mechanical Maintenance Worker.
   


• ACTION: APPROVED THE TWO RECOMMENDATIONS AND NOTED AND FILED THE MINUTES.  City Clerk, Dir. Human Resources
  MINUTES
  


2. Historical and Landmarks Commission - Minutes of November 6, 2003 Study Session regarding Local Criteria of Historical Significance and of the Regular Meeting.

   *Recommendation for approval of the revised schedule of improvements associated with the Mills Act for 1711 Main Street.
   

   *Recommendation for approval of Mills Act contracts for 1358 Santa Clara Street, 1124 Jackson Street, 715 Hilmar Street, 626 Lincoln Street, 1194 Lincoln Street and 776 Monroe Street.
   

   *Recommendation for approval to add the properties located at 715 Hilmar Street, 1194 Lincoln Street, 1124 Jackson Street and 626 Lincoln Street to the City's Architecturally or Historically Significant Properties List.
   


• ACTION: APPROVED THE RECOMMENDATIONS AND NOTED AND FILED THE MINUTES.  City Clerk, Dir. Planning
  MINUTES
  


9. CONSENT ITEMS PULLED FOR DISCUSSION:
   


10. PUBLIC PRESENTATIONS:
    


1. Joanne Bruna: Thanked the University Relations Committee for its work.


11. REPORTS FOR COUNCIL ACTION:




1. Acceptance of estimated revenue and approval to appropriate grant funds in the amount of $2,500 from the Foundation and Friends of the Santa Clara City Library for as-needed staffing for the 2003 Summer Reading Program.


• ACTION: APPROVED  City Librarian, Dir. Finance
  REPORT
  


2. Adoption of the proposed distribution of Total Compensation for Unclassified Police Management Unit #9A and the elected position of Chief of Police resulting in a cost of 5.397% for City 50% share of PERS increase the first year and an additional 3.78% for a total of 9.177% for the second year effective the pay period beginning December 21, 2003 through December 17, 2005 and adoption of the Memorandum of Understanding (0% Total Compensation Increase; -2.52% Salary Decrease).


• ACTION: APPROVED  Dir. Finance, Dir. Human Resources
  REPORT
  


3. Approval of the Memoranda of Understanding for Unclassified Fire Management (Unit 9B), Unclassified Management (Unit 9) and City of Santa Clara Employees' Association (Units 5, 7 and 8).

   REPORT
   


1. Informational memo indicated that Employees' Association had ratified the MOU.


• ACTION: ADOPTED THE MOU AND THE DISTRIBUTION OF TOTAL COMPENSATION FOR THE EMPLOYEES' ASSOCIATION, UNITS 5, 7 AND 8, RESULTING IN A COST OF 1.382% FOR CITY 50% SHARE OF PERS INCREASE FOR THE FIRST SIX MONTHS, 4.3% FOR THE NEXT TWELVE MONTHS AND THE LAST SIX MONTHS WILL BE 5.135% EFFECTIVE THE PAY PERIOD BEGINNING DECEMBER 21, 2003 THROUGH DECEMBER 17, 2005. 2. ACTION: ADOPTED THE MOU AND THE DISTRIBUTION OF TOTAL COMPENSATION FOR UNCLASSIFIED FIRE MANAGEMENT UNIT #9B, RESULTING IN A COST OF 5.39% FOR CITY 50% SHARE OF PERS INCREASE IN THE FIRST YEAR AND AN ADDITIONAL 3.78% FOR A TOTAL OF 9.177% FOR THE SECOND YEAR EFFECTIVE THE PAY PERIOD BEGINNING DECEMBER 21, 2003 THROUGH DECEMBER 17, 2005. 3. ACTION: ADOPTED THE MOU AND DELEGATED TO THE CITY ATTORNEY AND THE CITY MANAGER THE AUTHORITY TO APPROVE THE DISTRIBUTION OF TOTAL COMPENSATION FOR UNCLASSIFIED MANAGEMENT UNIT #9 AND THE CITY CLERK/CITY AUDITOR, CITY ATTORNEY AND CITY MANAGER, INCLUDING SHARING 50% OF PERS DURING THE TERM OF THE MOU WITH THE CITY PICKING UP 1.382% DURING THE FIRST SIX MONTHS, 4.3% FOR THE NEXT 12 MONTHS AND 5.35% FOR THE LAST SIX MONTHS EFFECTIVE THE PAY PERIOD BEGINNING DECEMBER 21, 2003 THROUGH DECEMBER 17, 2005.  Dir. Finance, Dir. Human Resources REPORT
  





4. Adoption of the proposed distribution of Total Compensation for Professional Engineers Unit #4 resulting in a cost of 1.382% for City 50% share of PERS increase for the first six months, 4.3% for the next twelve months and the last six months at 5.35% effective the pay period beginning December 21, 2003 through December 17, 2005 and adoption of the Memorandum of Understanding.


• ACTION: APPROVED  Dir. Finance, Dir. Human Resources
  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. Mayor Mahan: Recommendation to approve the appointment of Council Member Caserta as Vice Mayor and Council Member Kolstad as Chaplain for the 2004 calendar year.


• ACTION: APPROVED  City Clerk
  REPORT
  


14. CLOSED SESSION MATTERS:
    


1. The City Attorney stated that the Council would adjourn to 5:00 p.m., December 23, 2003, for a Closed Session in the Council Conference Room regarding Employee Negotiations.


15. ADJOURNMENT:
    


1. To Tuesday evening, December 23, 2003 at 5:00 p.m. for a Closed Session in the Council Conference Room pursuant to Government Code Section 54957.6 and then to 7:00 p.m. in the City Hall Council Chambers for a Special Meeting.


2. To Tuesday evening, January 13, 2004 at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting. [No meetings scheduled for December 30, 2003 and January 6, 2004]

* * * * * * *

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

December 16, 2003 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, Diridon, Kolstad, Matthews and Parle and Chairperson Mahan. Absent: Agency Member McLemore (excused).


2. APPROVAL OF MINUTES:




1. November 18, 2003.


• ACTION: NOTED AND FILED  Agency Secretary
  MINUTES
  


3. CONTINUANCES/EXCEPTIONS:
   


1. Continue to January 27, 2004 the Public Hearing on the Owner Participation Agreement for affordable housing and the Tentative Parcel Map for 3600 Flora Vista Avenue.


• ACTION: APPROVED  Dir. Planning
  REPORT
  


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. Acceptance of the audited Annual Financial Report for fiscal year ended June 30, 2003 as recommended by the City Council Audit Committee.


• ACTION: APPROVED  Agency Treasurer
  REPORT
  


2. Approval of Amendment No. 3 to the Agreement with Mark Thomas & Co. Inc. for Reach 1 of the San Tomas Aquino Creek Trail for a not to exceed cost of $92,706.


• ACTION: APPROVED  Dir. Public Works
  REPORT
  


3. Acceptance of the Redevelopment Agency Annual Report to be filed with the California State Controller.


• ACTION: APPROVED  Dir. Planning, 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 13, 2004, at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting. [No meetings scheduled for December 23 and 30, 2003 and January 6, 2004]

* * * * * * *

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

December 16, 2003 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, Diridon, Kolstad, Matthews and Parle and Chairperson Mahan. Absent: Authority Member McLemore (excused).


2. APPROVAL OF MINUTES:




1. November 18, 2003.


• 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. NEW BUSINESS:




1. Acceptance of the Monthly Status Report for the Fiscal Operation of the Santa Clara Golf and Tennis Club for October 2003.


• ACTION: APPROVED  Director of Finance (SOSA)
  REPORT
  


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


8. CLOSED SESSION MATTERS:
   


9. ADJOURNMENT:
   


1. To Tuesday evening, January 13, 2004, at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting. [No meetings scheduled for December 23 and 30, 2003 and January 6, 2004]

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.

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, Diridon, Kolstad, Matthews and Parle and Mayor Mahan. Absent: Council Member McLemore (excused).

   REPORT
   


3. APPROVAL OF MINUTES:




1. November 4, 2003.


• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


4. CONTINUANCES/EXCEPTIONS:
   


5. SPECIAL ORDER OF BUSINESS:




1. Presentation of the Government Finance Officers Association of the United States and Canada Award for Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report and the Certification Award from the Association of Public Treasurers of the United States and Canada for the City's Written Investment Policy.

   REPORT
   


2. Presentation regarding the expansion of materials accepted in the Residential Curbside Recycling Program.

   REPORT
   


3. Presentation by the Police Chief regarding the murder/suicide tragedy at 1470 Benton Street providing names of local support and intervention organizations. The Santa Clara Police Department, in partnership with the Centre for Living with Dying, scheduled a community meeting for Wednesday, December 17, 2003 at 7:00 p.m. at the Santa Clara Senior Center.


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
1. Acceptance of the Triton Museum of Art semi-annual report of donations to the museum through December 1, 2003.
• ACTION: APPROVED  Senior Staff Aide
  REPORT
  


2. Acceptance of the Financial Status Reports for September 30, 2003.
• ACTION: APPROVED  Dir. Finance
  REPORT
  


3. Adoption of a Resolution declaring weeds to be a nuisance, set January 13, 2004 for the public hearing and authorization to publish the Notice of the Public Hearing.
• ACTION: ADOPTED RESOLUTION NO. 7092.  Fire Chief
  REPORT
  RESOLUTION
  


4. Adoption of a Resolution ordering the grant of a water utility easement on City-owned lands at 888 Agnew Road and authorization to record the Resolution (S.C. 17,963 APN 097-08-073).
• ACTION: ADOPTED RESOLUTION NO. 7093.  Dir. Public Works
  REPORT
  RESOLUTION
  


5. Approval and authorization to publish the February 2004 Mission City SCENES .
• ACTION: APPROVED  Senior Staff Aide
  REPORT
  


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


7. Approval of the request of Treadwell & Rollo, Inc. on behalf of D&H Manufacturing Company, to waive the setting of a public hearing and approve the encroachment permit to allow construction of 4 monitoring wells within the public right-of-way on the north side of Calle De Luna as part of a groundwater contamination investigation (S.C. 17,967).
• ACTION: APPROVED  Dir. Public Works
  REPORT
  


8. Adoption of a Resolution establishing a 2-Hour Parking zone from 8:00 a.m. to 6:00 p.m. on the same day, Saturdays, Sundays and Holidays excepted on the north and south sides of Harrison Street and approval to repeal Resolution No. 6818 which established a 4-Hour Parking zone on the north side of Harrison Street.
• ACTION: REFERRED TO THE CITY MANAGER TO DRAFT NEW RESOLUTION ADDRESSING PERMIT PARKING AS WELL AS A REPORT REGARDING APPROPRIATE SIGNAGE.  Dir. Public Works
  REPORT
  RESOLUTION
  


2. Agreements
1. Approval of the Second Amendment to Second Restated and Amended Joint Exercise of Powers Agreement Creating the Silicon Valley Animal Control Authority which extends the date cities have to withdraw from the Authority to January 25, 2004.
• ACTION: APPROVED  Assistant City Manager
  REPORT
  AMENDMENT
  


2. Approval of Amendment No. 2 to the Software License and Services Agreement with PeopleSoft USA, Inc. for software licenses and installation services for the Financial/Human Resources Management System in an amount not to exceed $53,360 and authorization for the City Manager to execute the Expansion of License Rights and additional amendments to the License not exceeding a combined value of $100,000.
• ACTION: APPROVED  Dir. Finance
  REPORT
  AMENDMENT
  


3. Reports for Information and Possible Action
1. Reduced Building Code Effectiveness Rating by Insurance Services Office, Inc. (ISO).
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


4. Minutes to Note and File
1. Cultural Advisory Commission - November 3, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


2. Board of Library Trustees - November 3, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


3. Youth Commission - November 4, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


4. Downtown Revitalization Committee - September 22, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


5. Routine Written Petitions for Approval

8. BIDS AND PROPOSALS:




1. Reject all bids received for the Central Park Library Electronic Security System and authorization to make minor modifications to the plans and specifications and to readvertise for bids (CE 03-04-03).


• ACTION: REJECTED ALL BIDS.  Dir. Public Works
  REPORT
  


9. WRITTEN PETITIONS:




1. Bernadette Christensen: Appeal of the denial to remove the liquid amber street tree at 389 La Herran Drive.

   WRITTEN PETITION
   


1. Staff report regarding the denial.


• ACTION: NOTED AND FILED THE WRITTEN PETITION AND DIRECTED THE CITY MANAGER TO REPORT BACK REGARDING THE CITY'S TREE POLICY.  Dir. Streets REPORT
  





10. BOARDS AND COMMISSIONS FOR ACTION:




1. Parks and Recreation Commission - Minutes of November 18, 2003.

   * Recommendation to name the 3.5-acre municipal park in the Rivermark Development "Thamien Park".
   


• ACTION: APPROVED  Dir. Parks
  MINUTES
  


2. Historical and Landmarks Commission - Minutes of October 2, 2003.

   *Recommendation to remove the property at 1261 Jackson Street from the City's Architecturally and Historically Significant Properties List; staff report regarding the Commission's recommendation.
   

   *Recommendation to add the property at 1662 Jackson Street to the City's Architecturally and Historically Significant Properties List.
   


• ACTION: APPROVED THE TWO RECOMMENDATIONS.  Dir. Planning
  MINUTES
  REPORT
  


11. CONSENT ITEMS PULLED FOR DISCUSSION:
    


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




1. Approval of the creation of a new Capital Improvement Project entitled "03-04 Artesian Well Abandonment" and a $25,000 appropriation.


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


14. 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


15. REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:
    


16. CLOSED SESSION MATTERS:
    


17. ADJOURNMENT:
    


1. In Memory of the Vernon Family (1470 Benton Street murder/suicide tragedy) and Robert Christopher Sargent (Chris) (husband to Betty Sargent, Electric Department Back Office Manager) to a Closed Session in the Council Conference Room pursuant to Government Code Section 54956.8 and then to Charlie Blair's Restaurant, 940 Monroe Street, Santa Clara, for the holiday celebration with staff.


2. To Tuesday evening, December 16, 2003, at 4:00 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 9, 2003 5:00 p.m. CLOSED SESSION In the Council Conference Room Pursuant to Government Code Section 54956.8 Property: APN 104-01-096, 104-01-095 and 104-01-057 Great America Parkway and Yerba Buena Way Negotiating Party(ies): Irvine Company representatives City Negotiators: Jennifer Sparacino, City Manager, or her designee Under Negotiation: Ground Lease terms (lease provisions, price and terms of payment) [No Reportable Action] 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, Diridon, Kolstad, Matthews and Parle and Chairperson Mahan. Absent: Agency Member McLemore (excused).


2. APPROVAL OF MINUTES:




1. November 4, 2003.


• 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 a $25,000 appropriation from the Agency Affordable Housing Fund to the Habitat for Humanity Gianera Street Project and authorization to execute the documents for the relocation of encroaching water and sewer lines.


• ACTION: APPROVED  Housing and Com Services Div.
  REPORT
  


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


8. CLOSED SESSION MATTERS:
   


9. ADJOURNMENT:
   


1. To Tuesday evening, December 16, 2003, 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 9, 2003 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, Diridon, Kolstad, Matthews and Parle and Chairperson Mahan. Absent: Authority Member McLemore (excused).


2. APPROVAL OF MINUTES:




1. November 4, 2003.


• 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. NEW BUSINESS:




1. Acceptance of David's Restaurant's Annual Financial Statements and the accompanying Schedule of Sales from Operations for the fiscal year ended September 30, 2003.


• ACTION: APPROVED  Director of Finance (SOSA)
  REPORT
  


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


8. CLOSED SESSION MATTERS:
   


9. ADJOURNMENT:
   


1. To Tuesday evening, December 16, 2003, at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting.

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.

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, Diridon, Kolstad, Matthews, McLemore and Parle and Mayor Mahan.


3. APPROVAL OF MINUTES:




1. October 28, 2003.


• ACTION: APPROVED  City Clerk
  MINUTES
  


4. CONTINUANCES/EXCEPTIONS:
   


5. SPECIAL ORDER OF BUSINESS:




1. Presentation of a plaque to Stephanie Martin-Young in appreciation of her service on the International Exchange Commission.

   REPORT
   


2. Promotion of the opportunity to serve on the International Exchange Commission.

   REPORT
   


3. Approval of Championship Team Funding in the amount of $9,867 in matching funds for the Santa Clara Lions Football Club to perform in the Pop Warner National Championship Tournament in Orlando, Florida, on December 8-14, 2003 and authorization of a Contribution Agreement.

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


2. Approval of the As Needed Job Description and proposed hourly salary range for Library Technology Aide.
• ACTION: APPROVED  City Librarian, Dir. Human Resources
  REPORT
  


3. Acceptance of the work performed by El Camino Paving, Inc. on the 2002-03 Asphalt Removal and Repair Project and authorization to record a Notice of Completion.
• ACTION: APPROVED  Dir. Streets
  REPORT
  


4. Adoption of a Resolution ordering the vacation of a portion of the public utility easement at Santa Clara University to The President and Board of Trustees of Santa Clara College and authorization to record the Resolution (APN 230-11-040 S.C. 17,946).
• ACTION: ADOPTED RESOLUTION NO. 7090.  Dir. Public Works
  REPORT
  RESOLUTION
  


5. Acceptance of the Annual Report for 2002-03 from the Santa Clara Arts and Historical Consortium in compliance with the terms and conditions of the lease agreement and authorization to transmit a letter commending the organization for their accomplishments this past year.
• ACTION: APPROVED  Dir. Planning
  REPORT
  


2. Agreements
1. Approval of an Agreement with Santa Clara University for limited use of the City rights-of-way for the specific purpose of providing fiberoptic services.
• ACTION: APPROVED  Dir. Communications
  REPORT
  AGREEMENT
  


3. Reports for Information and Possible Action
1. Report of Actions Taken by the City Manager for the Donald Von Raesfeld Power Plant (Pico Project).
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


4. Minutes to Note and File
1. Civil Service Commission - November 17, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


2. Conservation District Working Group - October 29, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


3. City-School Liaison Committee - November 7, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


4. Conservation District Working Group - November 13, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


5. Routine Written Petitions for Approval
1. Longs Drug Store: Request for approval of a Special Permit to conduct a 4 day outdoor parking lot sale at 2700 Homestead Road on December 4-7, 2003 (PLN2003-03783). Staff Recommendation: Approval subject to conditions.
• ACTION: APPROVED  Dir. Planning
  REPORT
  


2. Son Nhut Truong: Request for approval of a Special Permit to allow the operation of a holiday flower stand at 2380 Monroe Street for a one year period to expire on January 1, 2005 (PLN2003-03999). Staff Recommendation: Approval subject to conditions.
• ACTION: DENIED  Dir. Planning
  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 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 for Fiscal Year 2003-04.


• ACTION: APPROVED  Police Chief
  REPORT
  


9. BOARDS AND COMMISSIONS FOR ACTION:




1. Planning Commission - Minutes of Study Session and Regular Meeting for November 12, 2003: Request to note and file.


• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


1. Item #9 (PLN2003-03749): 3951 Stevens Creek Boulevard - Adoption of Mitigated Negative Declaration; General Plan Amendment (GPA 55) from Thoroughfare Commercial to Mixed Use; Rezone from Thoroughfare Commercial (CT) to Planned Development (PD) for 8,470 square feet of retail space and 62 residential units; and Modification to reduce parking from 172 spaces to 148 spaces with shared parking between residential and retail (Dorcich/Vidovich II G.P. / Dorcich Farms).

   Staff Recommendation: Adopt the Mitigated Negative Declaration and a Resolution adopting General Plan Amendment No. 55 and approve the rezoning as indicated above.
   


• ACTION: ADOPTED RESOLUTION NO. 7091 AND THE RECOMMENDATION AS STATED ABOVE.  Dir. Planning REPORT
  RESOLUTION
  


2. Item #10 [PLN2003-03929 (Z.1640)]: 1777 Lafayette Street - Amend Planned Development (PD) Zoning to allow conversion of 43 live/work lofts from rental to ownership units and Tentative Subdivision Map to create a single lot subdivision for the conversion of rental live/work units to 43 condominium units (1777 Lafayette Partners/Chris Camberlango).


• ACTION: CONTINUED TO JANUARY 13, 2004 TO ALLOW A SITE VISIT BY STAFF AND FOR THE APPLICANT AND ADJACENT PROPERTY OWNERS TO RESOLVE ISSUES OF CONCERN.  Dir. Planning REPORT
  


3. Item #11 [PLN2003-03930 (PLN2001-01937)]: 2875 Lakeside Drive - Time Extension for previously approved Rezone from Commercial Park (CP) to Planned Development (PD) to allow construction of a 12-story, 171 room hotel in conjunction with Variances to reduce required parking from 171 spaces to 160 parking spaces and reduce required side yard landscaping setbacks; and Use Permit to allow beer and wine service (Ken Manrao).


• ACTION: APPROVED  Dir. Planning REPORT
  


4. Item #12 (PLN2003-03964 DAP / PLN2003-03962): 4301 Lick Mill Boulevard - Architectural Review of Rivermark Partner's Phase III Development Area Plan (DAP) including Planning Areas 13, 14, for the development of 172 single family attached and detached homes and a public park; and Tentative Subdivision Map to create individual lots for Phase III of the Rivermark Development Area Plan.


• ACTION: APPROVED AS MODIFIED TO REDUCE THE NUMBER OF ATTACHED TOWNHOMES TO 112.  Dir. Planning REPORT
  





10. CONSENT ITEMS PULLED FOR DISCUSSION:
    


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




1. Approval of Amendment No. 1 to the Capital Grant Agreement with Self-Help for the Elderly for asbestos abatement work in connection with the Zung Sieu Longevity Garden Restoration Project and a transfer of $63,672 to cover the cost.


• ACTION: APPROVED  Dir. Finance, Housing and Com Services Div.
  REPORT
  AMENDMENT
  


2. Approval of estimated revenue and appropriations of $6,275 from the California State Library, Library Services and Technology Act to start a "Reach Out and Read" Program in partnership with Kaiser Permanente Santa Clara.


• ACTION: APPROVED  City Librarian, Dir. Finance
  REPORT
  


3. Approval of estimated revenue and appropriations of $3,500 from the California State Library, Library Services and Technology Act for a Read Santa Clara Book Discussion Group.


• ACTION: APPROVED  City Librarian, Dir. Finance
  REPORT
  


4. Approval of the establishment of revenue and expenditure accounts for Transportation Development Act (TDA) Projects for 2003-2006.


• ACTION: APPROVED  Dir. Finance, Dir. Public Works
  REPORT
  


5. Delegation of authority to the City Manager to approve agreements, calls, applications and other related documents required for the Donald Von Raesfeld Power Plant (Pico Project) not exceeding a combined value of $2,420,000.


• ACTION: APPROVED  Dir. Electric
  REPORT
  


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. Facilities Naming and Honorary Recognition Ad Hoc Committee: Approval of the Guidelines for Selecting Recipients of the Neil Henry Volunteer Award.


• ACTION: APPROVED  Deputy City Manager
  MINUTES
  


2. Conservation District Working Group - Minutes of November 24, 2003 (to be submitted December 2, 2003): Acceptance of the recommendations of the Working Group, including the Communication Plan and direction to prepare publicity materials to obtain public input.


• ACTION: APPROVED  Dir. Planning
  REPORT
  


15. CLOSED SESSION MATTERS:
    


16. ADJOURNMENT:
    


1. To Tuesday evening, December 9, 2003, at 5:00 p.m. for a Closed Session in the Council Conference Room pursuant to Government Code Section 54957.6 and then 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 2, 2003 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, Diridon, Kolstad, Matthews, McLemore and Parle and Chairperson Mahan.


2. APPROVAL OF MINUTES:




1. October 28, 2003.


• ACTION: APPROVED  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 the First Implementation Agreement to Affordable Housing Loan Agreement with HACSC/Choices Senior Associates for the John Burns Gardens Senior Apartment Project which increases the Agency's permanent loan financing by $331,000 for a total of $5,317,000 and an increase in appropriations to cover the cost.


• ACTION: APPROVED  Housing and Com Services Div., Agency Treasurer
  REPORT
  AGREEMENT
  


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


8. CLOSED SESSION MATTERS:
   


9. ADJOURNMENT:
   


1. To Tuesday evening, December 9, 2003, at 5:00 p.m. for a Closed Session in the Council Conference Room and then to 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 2, 2003 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, Diridon, Kolstad, Matthews, McLemore and Parle and Chairperson Mahan.


2. APPROVAL OF MINUTES:




1. October 28, 2003.


• ACTION: APPROVED  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, December 9, 2003, at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting.

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.

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:
   


3. CONTINUANCES/EXCEPTIONS:
   


4. 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.)


5. 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. Agreements
3. Reports for Information and Possible Action
4. Minutes to Note and File
5. Routine Written Petitions for Approval

6. CONSENT ITEMS PULLED FOR DISCUSSION:
   


7. PUBLIC PRESENTATIONS:
   
8. BILLS AND CLAIMS/PROGRESS PAYMENTS:
(Lists are available in the Council Office and the City Clerk's Office).



9. REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:
   


10. CLOSED SESSION MATTERS:
    


11. ADJOURNMENT:
    


1. To Tuesday evening, December 2, 2003 at 5:30 p.m. for a Closed Session in the Council Conference Room pursuant to Government Code Section 54957.6 and then 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

November 25, 2003 SPECIAL MEETING 6:00 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:
   


2. CONTINUANCES/EXCEPTIONS:
   


3. 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).


4. PUBLIC PRESENTATIONS:
   
5. REPORTS OF AGENCY MEMBERS AND SPECIAL AGENCY COMMITTEES:
   


6. CLOSED SESSION MATTERS:
   


7. ADJOURNMENT:
   

* * * * * * *

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

November 25, 2003 SPECIAL MEETING 6:00 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:
   


2. CONTINUANCES/EXCEPTIONS:
   


3. 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).


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


6. CLOSED SESSION MATTERS:
   


7. ADJOURNMENT:
   

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.

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, Diridon, Kolstad, Matthews, McLemore and Parle and Mayor Mahan.


3. APPROVAL OF MINUTES:




1. September 16, 2003.


• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


2. September 30, 2003.


• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


3. October 21, 2003.


• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


4. CONTINUANCES/EXCEPTIONS:
   


1. Continuation of the Conservation District Working Group recommendations on the proposed Conservation District to December 2, 2003.


• ACTION: APPROVED  Dir. Planning
  REPORT
  


5. SPECIAL ORDER OF BUSINESS:




1. Presentation regarding the recent trip of the Santa Clara Boys Under 13 Soccer Team to Sister City Izumo, Japan.

   REPORT
   


2. Presentation of proceeds from the 2003 Santa Clara Art and Wine Festival to local non-profit organizations.

   REPORT
   


3. Recognition of the City's Home Investment Partnerships Act Program (HOME) Ranking by the U.S. Department of Housing and Urban Development.

   REPORT
   


4. Presentation of a Proclamation to the Emergency Housing Consortium Recognizing November 16-22, 2003 as "Hunger and Homelessness Awareness Week."

   AGENDA
   


5. Presentation to the City of the 2002/2003 Award for Achievement in Information Technology Practices.

   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. Nam Nguyen: Request for adoption of a Resolution opposing the USA Patriot Act.

   WRITTEN PETITION
   


1. Chief of Police recommendation to note and file the request.

   REPORT
   
2. Thomas H. Schinaman, Jr., Esq. on behalf of Silicon Valley for Civil Rights: In support of Mr. Nguyen's request.

   WRITTEN PETITION
   
3. Elizabeth Zimmermann: In defense of civil liberties.


• ACTION: FORMED A COUNCIL SUBCOMMITTEE TO MEET A MAXIMUM OF 3 TIMES TO REVIEW THE PATRIOT ACT AND RETURN TO COUNCIL WITH A RECOMMENDATION. APPOINTED COUNCIL MEMBERS CASERTA, PARLE AND MCLEMORE TO THE COMMITTEE.  Police Chief WRITTEN PETITION
  





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
1. Approval and authorization to publish the January 2004 Mission City SCENES .
• ACTION: APPROVED  Senior Staff Aide
  REPORT
  


2. Adoption of a Resolution establishing stop signs facing Brackett Way at Rivermark Parkway, Brackett Way at East River Parkway, Burdick Lane at Garrity Way, Watson Circle at the northerly intersection of Burdick Lane, Burdick Lane at East River Parkway, Watson Circle at the southerly intersection of Burdick Lane, East River Parkway at Lick Mill Boulevard, Hargis Way at East River Parkway, Hargis Way at Marston Lane, Billings Circle at Garrity Way, Donegan Way at Marston Way, Fitzpatrick Way at Moreland Way, Fitzpatrick Way at Lick Mill Boulevard and Billings Circle at East River Parkway.
• ACTION: ADOPTED RESOLUTION NO. 7084.  Dir. Public Works
  REPORT
  RESOLUTION
  


3. Adoption of a Resolution establish a Loading zone on the north side of Harrison Street west of The Alameda.
• ACTION: ADOPTED RESOLUTION NO. 7085.  Dir. Public Works
  REPORT
  RESOLUTION
  


4. Adoption of a Resolution ordering the grant of an underground electric easement on the City-owned lands at 888 Agnew Road and authorization to record the Resolution (S.C. 17,780 / APN 097-08-073).
• ACTION: ADOPTED RESOLUTION NO. 7086.  Dir. Public Works
  REPORT
  RESOLUTION
  


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


6. Acceptance of the resignation of Stephanie Martin-Young from the International Exchange Commission, declare a vacancy for the term June 30, 2006 and set January 21 and January 27, 2004 for deadline for receipt of applications and interviews and December 2, 2003 for promotion of the vacancy and to recognize Ms. Martin-Young for her service.
• ACTION: APPROVED  City Clerk
  REPORT
  


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


8. Approval of the City's application to the Santa Clara County Open Space Authority's Twenty Percent Funding Program in the amount of $281,474 to be used in the development of the Ulistac Natural Area.
• ACTION: APPROVED  Dir. Parks
  REPORT
  


9. Adoption of a Resolution authorizing execution of a grant agreement and any other documents necessary to secure a Jobs Housing Balance Grant from the State of California.
• ACTION: ADOPTED RESOLUTION NO. 7087.  Dir. Planning
  REPORT
  RESOLUTION
  


10. Approval to publish the Notice of Availability of Community Development Block Grant (CDBG) and Home Investment Partnerships Act Funding and authorization to distribute the Application for 2004-05 Funding.
• ACTION: APPROVED  Housing and Com Services Div.
  REPORT
  


11. Acceptance of the work performed by O'Grady Paving, Inc. on the 2002-03 Street Reconstruction/Resurfacing Project and authorization to record a Notice of Completion (CE 02-03-15).
• ACTION: APPROVED  Dir. Streets
  REPORT
  


12. Approval of Plans, Specifications and Contract Provision ("Project Manual") for the Walsh Elevated Storage Tank Replacement Project (Public Works Contract WA-2942) and authorization to advertise for bids and to make modifications to the Project Manual as necessary.
• ACTION: APPROVED  Dir. Water
  REPORT
  


13. Acceptance of the Santa Clara Convention Center and Convention/Visitors Bureau Activity Report for the quarter ended September 30, 2003.
• ACTION: APPROVED  Dir. Finance
  REPORT
  


14. Authorization to settle the insurance claim on Bus 310 [Breathe Easy Express (BEE) Project] and to delegate authority to the City Manager to execute any and all documents necessary to complete the settlement between Serendipity Landyachts, Ltd. and its insurance company.
• ACTION: APPROVED  Dir. Electric
  REPORT
  


15. Approval of the final adoption of Ordinance No. 1787 which authorizes the adoption and amendment of the Municipal Services Division, Utility Services Rules and Regulations; establishes enforcement authority for the Rules and Regulations; and prohibits theft of electric services, unauthorized tampering with or modifications of electric utility metering devices and unauthorized access to electric services.
• ACTION: APPROVED  City Attorney, Dir. Electric, Dir. Finance, Dir. Water
  REPORT
  ORDINANCE
  


16. Authorization to transmit letters to legislators in support of the Housing Authority of Santa Clara County's position supporting full funding for the Department of Housing and Urban Development (HUD) Section 8 Housing Choice Voucher Program for fiscal year 2004.
• ACTION: APPROVED  Administrative Analyst
  REPORT
  


2. Agreements
1. Approval of an Agreement and Covenant Running with the Land with Kenneth G. and Margarita Randazzo to defer the installation of City standard street improvements at 124 North Henry Avenue until an area wide assessment district is formed and authorization to record the Agreement (APN 303-17-043; S.C. 17,950).
• ACTION: APPROVED  Dir. Public Works
  REPORT
  AGREEMENT
  


2. Approval of Amendment No. 1 to the Agreement for Artist Services with Barbara Grygutis Sculpture LLC which changes the termination of the Agreement to June 30, 2004.
• ACTION: APPROVED  City Librarian
  REPORT
  AMENDMENT
  


3. Approval of an Agreement for Consultant Services with Fehr & Peers Associates in an amount not to exceed $60,220 for Bicycle Improvements 2003-2004 (Bicycle Plan Development and Bicycle Collision Analyses).
• ACTION: APPROVED  Dir. Public Works
  REPORT
  AGREEMENT
  


4. Approval of an Agreement for consultant services between the Redevelopment Agency and Charities Housing to prepare affordable housing feasibility studies of the Bay Area Research and Extension Center (BAREC) site and adoption of a Resolution finding benefit of the activity to the Redevelopment Project Areas.
• ACTION: APPROVED THE AGREEMENT AND ADOPTED CITY COUNCIL RESOLUTION NO. 7088 AND REDEVELOPMENT AGENCY RESOLUTION NO. 03-10 (RA).  Housing and Com Services Div.
  REPORT
  RESOLUTION
  AGREEMENT
  


3. Reports for Information and Possible Action
1. Expansion of Materials Accepted by City's Residential Curbside Recycling Program.
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


2. Status Update Report on the Public Benefits Charge Program.
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


3. Song Exchange with Izumo and Santa Clara Students.
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


4. First Quarter Fiscal Year 2003-04 Revenue Performance.
• ACTION: NOTED AND FILED  City Clerk
  REPORT
  


4. Minutes to Note and File
1. Youth Commission - October 14, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


2. Conservation District Working Group - October 29, 2003.
• ACTION: NOTED AND FILED  City Clerk
  MINUTES
  


5. Routine Written Petitions for Approval
1. Gateway Santa Clara: Request for approval of a Special Permit to allow for the placement and use of a construction trailer for a one year period to expire on November 18, 2004 at 1000 El Camino Real (PLN2003-04005). Staff Recommendation: Approval subject to conditions.
• ACTION: APPROVED  Dir. Planning
  REPORT
  


2. Santa Clara Vanguard Drum and Bugle Corps: Request for $10,000 in matching Championship Team Funding for travel to Pasadena, California, to perform in the Tournament of Roses Parade on January 1, 2004. Staff Recommendation: Approval subject to execution of a Contribution Agreement.
• ACTION: APPROVED  Senior Staff Aide
  REPORT
  AGREEMENT
  



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 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. Housing and Community Development Needs Assessment for Fiscal Year 2004-05 Annual Consolidated Plan .

   REPORT
   


1. Santa Clara Unified School District: Request for funding for the proposed construction of an additional twenty unit teacher apartment building at 3445 and 3465 Lochinvar Avenue.

   WRITTEN PETITION
   
2. Santa Clara Unified School District Educational Options (Adult Education): Request for funding to help cover increased transit costs for clients.


• ACTION: NOTED AND FILED THE PUBLIC TESTIMONY RECEIVED.  Housing and Com Services Div. WRITTEN PETITION
  





2. Council and Redevelopment Agency Joint Public Hearing Regarding the Acquisition of the Property Located at 1350 Hope Drive:

   * Adopt Resolutions approving the Purchase and Sale Agreement and escrow instructions with the Agency and the State of California and a Master Real Property Lease Agreement with the Agency and the Santa Clara Unified School District (SCUSD)
   

   * Determine that the acquisition is contingent upon a $1 million contribution from the Rivermark Developers with the title vesting only with the Agency
   

   * Direct the City Manager to work with the SCUSD to complete a Sub-Lease with the Martinson Child Development Center and to make non-substantive modifications to the Master Lease or Sub-Lease
   

   *Approve the creation of a project account and transfer of $1,438,375 from Agency Unallocated funds to cover the costs.
   


• ACTION: ADOPTED CITY COUNCIL RESOLUTION NO. 7089 AND REDEVELOPMENT AGENCY RESOLUTION NO. 03-09 (RA) AND APPROVED ALL RECOMMENDATIONS.  Assistant City Manager, Dir. Finance
  REPORT
  RESOLUTION
  


9. BIDS AND PROPOSALS:




1. Award the contract for the Fiscal Year 2002/2003 Miscellaneous Traffic Improvements to George Bianchi Construction, Inc. in the amount of $120,390.62 (CE 02-03-14).


• ACTION: APPROVED  Dir. Streets
  REPORT
  


2. Award the Public Works Contract 2368E for Electrical Construction for the Donald Von Raesfeld Power Plant (Pico Project) to Rosendin Electric in an amount not to exceed $6,746,000.


• ACTION: APPROVED  Dir. Electric
  REPORT
  


10. WRITTEN PETITIONS:




1. No items.


11. BOARDS AND COMMISSIONS FOR ACTION:




1. Subdivision Committee - Minutes of October 10, 2003.

   * 3600 Flora Vista Avenue - Tentative Parcel Map to subdivide the existing parcel into two separate parcels (Lucille Tersigni/Flora Vista Residential LP).
   


• ACTION: CONTINUED TO DECEMBER 16, 2003 THE TENTATIVE PARCEL MAP.  Dir. Planning
  MINUTES
  


2. Board of Library Trustees - October 6, 2003.

   * Acceptance of the recommended public service hours for the new Central Park Library with the recommendation that the hours be restored in the next fiscal year to the baseline, budget permitting.
   

   * Acceptance of the City Library Closed Days for 2004.
   

   * Acceptance of the Trustees meeting schedule for 2004.
   

   * Acceptance of new Library Policies.
   


• ACTION: APPROVED THE RECOMMENDATIONS WITH THE FOLLOWING EXCEPTION AND NOTED AND FILED THE MINUTES: REFERRED TO THE CITY MANAGER THE RECOMMENDATION THAT THE HOURS FOR THE NEW LIBRARY BE RESTORED NEXT FISCAL YEAR.  City Clerk, City Librarian
  MINUTES
  


12. CONSENT ITEMS PULLED FOR DISCUSSION:
    


13. PUBLIC PRESENTATIONS:
    


1. James Rowen: Regarding problems on Harold Avenue related to car dealers.


2. Joanne Bruna: Regarding positive student participation at the recent Neighborhood-University Relations Committee.


3. Anthony Piazza: Regarding ongoing problems on Harold Avenue.


14. REPORTS FOR COUNCIL ACTION:




1. Authorization to apply for and accept the Citizens Option for Public Safety (COPS) Grant for fiscal year 2003-04 and to execute the request to the Santa Clara County Supplemental Law Enforcement Oversight Committee for disbursement of $157,603 and set December 2, 2003 for the public hearing to receive public comments.


• ACTION: APPROVED  Police Chief
  REPORT
  


15. 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  City Clerk


16. REPORTS OF COUNCILORS AND SPECIAL COUNCIL COMMITTEES:
    


17. CLOSED SESSION MATTERS:
    


1. City Attorney reported that the Closed Session scheduled for 5:30 p.m. regarding the Irvine Company was continued and that there was no reportable action on the remaining items.


18. ADJOURNMENT:
    


1. In Memory of Thomas Cronin (Electric Department employee for 34 years) to Tuesday evening, November 25, 2003 at 6:00 p.m. for a Closed Session in the Council Conference Room; to Tuesday evening, December 2, 2003, at 5:30 p.m. for a Closed Session in the Council Conference Room and then to 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting. [No meeting scheduled for November 25, 2003]