June 29, 2004

A complete agenda packet with back-up reports is available at either City Library beginning Saturday before the Tuesday meeting or at the City Clerk's Office on weekdays. A complete agenda packet is also available at the City Council meeting and on the City's website.


6:00 p.m.

In the Reception Lobby Area

Interviews to Fill a Vacancy on the

Housing Rehabilitation Loan Committee

for the Term Ending June 30, 2008


6:30 p.m.

Closed Session

In the Council Conference Room

Pursuant to Government Code Section 54956.9(c)

City as a potential plaintiff in one case



7:00 p.m. in the City Hall Council Chambers









A. Council Member McLemore: Request to be excused.


B. Council Member Caserta: Request to be excused.





A. May 25, 2004.






A. Appointment to fill a vacancy on the Housing Rehabilitation Loan Committee for the term ending June 30, 2008.


B. Presentation of a Proclamation to recognize Millikin Basics+ Elementary School for obtaining National Championship titles at the WordMasters National Vocabulary Challenge.


C. Presentation of a Proclamation proclaiming May 2004 as "National Teen Pregnancy Prevention Month."


D. Recognition of the Berryessa Adobe Master Plan Committee.


E. Presentation of the June 2004 "Idea of the Month" Employee Suggestion Award to John Miller, Finance Department Utility Field Service Worker, for his suggestion regarding the charging of property owners of vacated property for fire service protection.


F. Interviews and appointment to fill a vacancy on the Civil Service Commission for the term ending June 30, 2008.




A. 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.)


B. Recommendations for Implementation of the Downtown Concept Plan: Direct the City Manager to:

* Prepare a report on the Redevelopment Agency's financial ability to pursue the Downtown Revitalization Project as well as the implications of the long term leases that are in place on City property

* Contact the involved property owners and leaseholders to test their interest and capability to partner in this project

* Review the current contract and budget with the economic consultant and return to the Agency if an expansion of the contract is needed for upcoming phases of this project if additional tasks and resources are necessary

* Engage the economic consultant in a complete financial feasibility analysis of the Plan.

1. John and Debi Bridges letter of concern.




[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.]


A. Departmental Reports

1. Final adoption of Ordinance No. 1791 (which amends the Redevelopment Plan for the University Redevelopment Project) and Ordinance No. 1792 (which amends the Redevelopment Plan for the Bayshore North Redevelopment Project) by extending the time period during which the City Redevelopment Agency may receive property tax increment funds.

2. Acceptance of the Financial Status Reports for May 31, 2004.

3. Acceptance of the Triton Museum of Art semi-annual report of donations to the Museum.

4. Approval and authorization to publish the August 2004 Mission City SCENES.

5. Approval to donate a surplus fire engine to Mission College for the Fire Science Program.

6. Acceptance of a donation of 500 dry chemical extinguishers from Applied Materials to be used in the City's facilities fire extinguisher program and authorization to transmit a letter of appreciation.

7. Approval of the adjusted total compensation allocations for IBEW (Unit 3), Professional Engineers (Unit 4), Santa Clara Employees' Association (Units 5, 7, 8), AFSCME (Unit 6), Unclassified Management Employees (Unit 9, including the City Manager, City Attorney and City Clerk) and Public Safety Non Sworn Employees Association (Unit 10) which will result in an increase in the California Public Employees' Retirement System (CalPERS) rate of 8.6% and a decrease in salary effective the pay period beginning June 20, 2004.

8. Acceptance of a donation in the amount of $100 from Richard and Cherie Rieger to help support the Senior Center Case Management Program and authorization to transmit a letter of appreciation.

9. Acceptance of the work completed by Competent Builders, Inc. on the Alvarez Park Restroom Building and the Central Tennis Center Restroom Renovation Project (PK 02-03-02) and authorization to file a Notice of Completion and to cancel the Agnew Park Restroom Building portion of the project.

10. Adoption of a Resolution which adopts regulations pertaining to candidates' statements of qualifications to be submitted to the voters at the General Municipal Election on November 2, 2004, sets the pro rata fee for each 200 word statement at $2,420 and authorizes the City Clerk to bill the candidates for the additional actual expense or to refund any excess amount paid depending upon the final cost, on a pro rata basis.

11. Approval of the use of City Electric forces for the installation of facilities at various locations.

12. Acceptance of the work performed by RGW Construction, Inc. on the San Tomas Aquino/Saratoga Creek Trail (Reach 1) project (CE 00-01-12) and authorization to record the Notice of Completion.

13. Acceptance of the work performed by Perma-Green Hydroseeding on Replacement Wetlands at Fairway Glen Site (CE 00-01-09) and authorization to record the Notice of Completion.

14. Approval of the request of Clayton Group Services, Inc., on behalf of SOS Steel, Inc., to waive the setting of a public hearing and to approve the encroachment permit to allow construction of two monitoring wells within the public right-of-way at 1160 Richard Avenue as part of a groundwater contamination investigation (S.C. 18,033).

15. Set July 20, 2004 to consider the Planning Commission's recommendations regarding the Industrial to Residential Conversion Study.

16. Approval of the Plans and Specifications for the Bowers Avenue Widening (at Chromite Drive) project and authorization to make minor modifications and to advertise for bids (CE 03-04-07).

17. Adoption of a Resolution in support of equalization funding for California's Community College students.

18. Set August 31, 2004 for a Public Hearing to amend the City's Annual Plan for Program Year 2004-05 and Statement of Objectives and Proposed Uses of Home Investment Partnerships Act Grant (HOME) funds and to implement a new project and reallocate HOME funds to acquire property to construct single-family housing for very low income households and authorization to publish the Notice of the Hearing.

19. Adoption of a Resolution determining findings of benefit by the use of the Affordable Housing Fund in Fiscal Year 2004-05 for the housing services provided by Emergency Housing Consortium, Project Sentinel, Silicon Valley Independent Living Center, Catholic Charities of Santa Clara County, Council on Aging and Next Door Solutions to Domestic Violence.

20. Adoption of a Resolution finding benefit to the Redevelopment Project Areas from the use of the Agency's Affordable Housing Funds and approval of a Loan Agreement between Cambrian Properties, LLC and the Agency for the provision of four below market rate units within a 42‑unit apartment development project at 2635 French Street (3585 Agate Drive).

21. Note and file the Departmental Activity Report for the month of April 2004.

22. Approval of the Job Description and the salary control point of $8,334 for the unclassified position of Compliance Division Manager.

23. Adoption of a Resolution modifying Rule 3.4 of the Civil Service Rules and Regulations entitled Flexibly Staffed Positions which allows for a position to be recruited at the entry level or higher levels within a classification series, and upon approval by Department Head and Appointing Authority, allows for promotion to the next level in the series without the necessity of a new recruitment.

B. Agreements

1. Approval of Amendment No. 2 to the Agreement with George Hills Company, Inc. for liability claims adjusting and administration services for fiscal year 2004-05.

2. Approval of the Contribution Agreement with the Triton Museum of Art for $290,000 for the Museum's general operating expenses for fiscal year 2004-05.

3. Approval of a Contribution Agreement with the Santa Clara Chamber of Commerce and Convention-Visitors Bureau in an amount not to exceed $1,323,555 for convention and visitors services and operation of the Convention Center for fiscal year 2004-05.

4. Approval of an Agreement with Affiliated Computer Services (ACS) in an amount not to exceed $4,135,814.45 for information systems facilities management and computer applications services and authorization to execute amendments to the Agreement that do not increase the amount of the cost of the services but allow ACS to adjust services based on technology needs.

5. Approval of the Call Agreement with Davis Power Consultants and execution of Call No. 04-1 in an amount not to exceed $100,000 for consulting support services for the Electric Department Resources Division.

6. Approval to execute Call No. 04-1 for Professional Services with Navigant Consulting, Inc. in an amount not to exceed $150,000 for assistance in power, economic and regulatory matters.

7. Approval of the Service Agreement with North American Energy Services Company in an amount not to exceed $700,000 to develop operation and maintenance plans for the Donald Von Raesfeld Power Plant in fulfillment of required California Energy Commission Quality and Assurance Programs.

8. Approval of the purchase of an Excess Workers' Compensation Insurance Policy for Fiscal Year 2004-2005 from the California State Association of Counties (CSAC) Excess Insurance Authority, the Joint Powers Agreement creating the California Pubic Entity Insurance Authority and a Memorandum of Understanding with CSAC to administer the Excess Workers' Compensation Program.

9. Approval of the Call Agreement and Call No. 04-1 with Electric & Gas Industries Association in an amount not to exceed $126,314 for assistance with residential program rebates for 2004-05 and the proposed ENERGY STAR refrigerator and dishwasher rebate programs as described in the Scope of Work and authorization to prepare and distribute program applications and other informational material and to make administrative changes to the documents as needed.

10. Approval to execute the Lease Agreement with WilTel Communications, Inc. for long term dark fiber optics.

11. Approval to execute Call No. 04-1 with ACS Enterprise Solutions, Inc. in an amount not to exceed $128,000 for on-going functional and systems support of the Silicon Valley Power Advanced Metering Project.

12. Approval to execute Call No. 04-2 with ACS Enterprise Solutions, Inc. in an amount not to exceed amount of $100,760 for a services retainer for the support and enhancement of the Silicon Valley Power website and the "Move to Santa Clara" website.

13. Approval of the Public Services Grant Agreement with the Bill Wilson Center for $71,050.

14. Approval of an Agreement for Professional Services with APC International, Inc. in an amount not to exceed $75,200 for the San Tomas Aquino Creek Trail Reach 2 and authorization to make minor non‑substantive modifications if necessary.

15. Approval of the Predevelopment Loan Agreement with Silicon Valley Habitat for Humanity in the amount of $32,000 and authorization to undertake a National Environmental Protection Act review and to execute steps necessary to obtain a release of Home Investment Partnerships Act funds from the United States Department of Housing and Urban Development (HUD).

16. Approval of the Public Services Grant Agreement with Outreach and Escort for $60,000.

C. Reports for Information and Possible Action

1. Fiscal Year 2003-04 Warburton Trust Funds Activity.

2. Publication of a Bookmark "Key Ethics Law Principles for Public Servants" prepared by Institute of Local Self Government in the League of California Cities' Western Magazine.

3. Placement and Timing of Political Signs in Conjunction with the November 2, 2004 Election.

D. Minutes to Note and File

1. Santa Clara Citizen's Advisory Committee - February 23, 2004.

2. Santa Clara Citizen's Advisory Committee - March 22, 2004.

3. Santa Clara Citizen's Advisory Committee - April 26, 2004.

4. City-School Liaison Committee - May 21, 2004.

E. Routine Written Petitions for Approval

1. Los Gatos Bicycle Racing Club: Request for approval of the Timpani Criterium Bicycle Race on Betsy Ross Drive, Bunker Hill Lane, Patrick Henry Drive and Old Mountain View-Alviso Road on August 1, 2004 from 7:30 a.m. to 5:00 p.m. Staff Recommendation: Approval subject to conditions.

2. Extreme Tae Kwon Do and Jumping for Joy: Request for Championship Team funding to compete at the 2004 National Junior Olympics in Atlanta, Georgia on June 29-July 7, 2004 and at the World Championships in Brisbane, Australia on July 20-26, 2004, respectively: Staff Recommendation: Approval of Contribution Agreements subject to compliance with Championship Team Funding criteria.




[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)


A. Adopt General Plan Amendment No. 60 amending the language of Housing Element Program #16 regarding revisions to the affordable housing requirement. Staff Recommendation: Open the public hearing and continue to July 20, 2004.


B. Approval of an Agreement (Covenant Running with the Land) with Dennis R. Thomas to allow a 91" wide x 60" high monument sign encroaching into the public right-of-way at 1288 Scott Boulevard and authorization to record the Agreement (S.C. 17,988 - APN 290-10-052).




A. Authorization to reject the bid submitted by Top Grade Construction for Site Finishing Contract 2368L for the Donald Von Raesfeld Power Plant.


B. Approval to award the contract for the Computer Room Emergency Generator project to Johnson Mechanical Contractors in the amount of $198,500 (CE 03-04-08).




A. Santa Clara Firefighters Local 1171 and Santa Clara Police Officers Association: Request for discussion regarding Binding Arbitration and consideration of placing a Ballot Measure on the November 2, 2004 Ballot to amend the City's Charter by adding Binding Arbitration.




A. Historical and Landmarks Commission - Minutes of June 3, 2004.

* Recommendation to add the property at 1737 Benton Street to City's Architecturally or Historically Significant Properties List.


B. Berryessa Adobe Master Plan Committee - Minutes of June 14, 2004.

* Recommendation to accept the loan of a second historic trunk from Jacqueline Moore for use at the Berryessa Adobe.






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.


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


A. Approval of Bills and Claims and Progress Payments.




A. Facilities Naming and Honorary Recognition Ad Hoc Committee - Minutes of June 14, 2004.

* Recommendation for approval of guidelines entitled "Honorary Titles, Outline of Guidelines".

* Recommendation to confer the title of Honorary City Historian on Lorie Garcia and set July 13, 2004 as a Special Order of Business to acknowledge the honorary title.

* Recommendation to name the Santa Clara Convention Center Theatre after Betty Hangs, retired Executive Director/General Manager of the Santa Clara Chamber of Commerce and Convention/Visitors Bureau.






A. To Tuesday evening, July 13, 2004, at 7:00 p.m. in the City Hall Council Chambers for the regular scheduled meeting.