The following transcript is provided for your convenience, but does not represent the official record of this meeting. The transcript is provided by the firm that provides closed captioning services to the City. Because this service is created in real-time as the meeting progresses, it may contain errors and gaps, but is nevertheless very helpful in determining the gist of what occurred during this meeting. 1 [ Gavel ] >> Mayor Reed: Good afternoon. I'd like to call the San José city council meeting to order for December 1st, 2009. We will start with our invocation, and I'd like to introduce John Talbert from Westgate Church who will do the invocation. John is married to Sherry Talbert, has four children. At the age of 13 he went into full-time ministry, graduated from Biola University and has a master's from Talbot Theological Seminary. More importantly, during the time he's been in San José, he has taken on many successful projects with the city such as A Beautiful Day and Project Restoration which has drawn over a thousand volunteers from over a dozen churches to help revitalize neighborhoods in our city. John thank you for what you've done and welcome. >> Thank you, Mayor Reed and city council and those that are here and all those kids up front and the back, we're glad you guys are here. You can wave but don't wave during the rest of the meeting, okay? I'd like to say something quickly. As a pastor since 1996 I've become more keenly aware that God is -- he cares about the details of our city. And he cares about the things that happen in our city and the things that happen in people's lives from the minute details and the small things to the large things. And when we see people on the street that are homeless, or we see those or hear about those that are infected with the HIV and AIDS virus, we hear about homes that are foreclosing or jobs that are leaving, that's not just our problem. This is part of a big picture, and God is very much involved in all the details of our lives. So with that I want to just pray a blessing over the time for the council today and for those that are here, for our city, if you join me in prayer. Father, we are grateful that we can come together, to be able to sit and listen and discern what is best for our city and for those that live within it and will you guide our leaders' hands and minds and ideals that will find synergy and unity and collaborative work, that it reaches out and blesses those in the margins. It meets the needs of those that need a special touch or a care or somebody that needs somebody to walk alongside them. That we would take and address the problems of our city, and find solutions, and answers. And that we would just recognize and acknowledge you, in the details of our lives. We thank you for our mayor and for our city council and for those supporting staff that assist them to do their job well. Will you give them all that they need in their day, to make the decisions that they make that guide our city. And bless San José, we ask that you would continue to help us to prosper as a city and help us to grow as a community of people that care and love one another, that we would be a light not only to the Bay Area but to California, a light to the United States and that people would see and wonder, what's happening in the Bay Area and what's happening in San José and they would know that God is intimately involved in the details. Thank you for the time that we be together, we pray in Jesus name amen. Thank you. >> Mayor Reed: Thank you for joining us, we appreciate the invocation. We will now have the pledge of allegiance. We have guests from the charter school in district 1, they're going to help us with the pledge of allegiance. So please stand. >> Mayor Reed: Our first item is orders of the day. We have a couple of changes from the printed agenda that we need to make. Item 3.2, the rules report for October 28th, and 3.3, the rules and open government committee for November 4th, and 3.4, the report for November 9th, we need to be deferred until December 8th. Item 11.1 our public hearing on the consent calendar will be heard as the first item in the evening session. Any other changes in the to the agenda order under orders of the day? We have a motion to approve the orders of the day. All in favor, opposed, none opposed, those are approved. I'd like to note that we be adjourning today's meeting in memory of Art Savage, the Sharks first general manager. We really appreciate his service to the City of San José and to the Sharks in helping make them a success. I think Rick Doyle has some additional comments. >> City Attorney Doyle: I just want to note, having served on the city side of the negotiations, it was a very long ordeal, but in the end I think the sharks and the guns and art, who was the first president of the sharks, really took a bet on San José. Northern California didn't have a very good track record with respect to professional hockey and they brought not just a team that has shown to be a great success but a real community spirit in this town. So it's a nice tribute. >> Mayor Reed: In addition I'd like to call on Councilmember Constant who has some comments about the police officers killed in Seattle. >> Councilmember Constant: Thank you, are mayor. I think it's important that we as a city as a community and of the elected leaders, take a moment to think about what happened in Washington state. As you know, four Lakewood police officers were fatally shot in the line of duty Sunday morning. Those officers were Sergeant Mark Renninger, 39 years old, who had been a police officer for 2 13 years, and left behind a wife and three children. Officer Ronald Owens, 37 years old, who had 12 years of law enforcement experience, also leaving behind a wife and a daughter. Officer Tina Griswold, 40 years old, who had 14 years of law enforcement experience, and left behind a husband and two children. Officer Greg Richards, 42 years old, who had eight years of law enforcement experience, and left behind a wife and three children. So the community of Lakewood lost not only 47 years of dedicated experience in the officers that day, but they also left behind nine children without parents. And I think it's important that we keep the perspective that we have city employees and Public Safety employees that are out there every day, making sure that our communities stay safe, no matter what the cost. So I ask that we just take a moment of silence, in their honor. [ silence ] >> Councilmember Constant: Thank you mayor. >> Mayor Reed: Thank you. And we do thank our police officers for the work that they do every day and the risk that they take every day. Next item is the cloves session report. City Attorney. >> City Attorney Doyle: Mr. Mayor, the city council did meet in closed session pursuant to notice. There is no report. >> Mayor Reed: I'd like to invite Councilmember Liccardo, who represents district 3, the home of Adobe, and Dr. John Warnock and Dr. Charles Geschke to join me at the podium. This is a great day in San José. Tomorrow will be even a greater day, because it's the 27th year since the founding of Adobe. And so I am honored to have with us today Dr. John Warnock and Dr. Charles Geschke, the co-founders of Adobe systems. We are proud to call ourselves the capital of Silicon Valley, the innovation center of the world and sometimes because we live it, we've used to innovators and don't always take notice of their accomplishments because the pace of innovation is such we are always on to the next new thing. But we wanted to take a moment to stop and pay attention to Adobe, these two gentlemen the co-founders of Adobe to the City of San José. They have given much to us and I know that the children in the audience will still be using Adobe products when they're up here serving on the city council. And we're really proud of the work that has been done by Adobe in Silicon Valley. And Adobe stands with other great Silicon Valley companies that help make us the innovation center of the world, help keep us the innovation center of the world. We appreciate the role that Adobe has played in the evolution of Silicon Valley. The fact that they long ago got ahead of the field by going vertical and doing it in downtown San José at a time when that business model had not been tested very well around here. Now we have three towers and we're hopeful for more to come in the future as they continue to grow and prosper. We appreciate their contributions back to the community because it is long been a part of Adobe's culture to give back to the community.