(a) Execute an agreement with Tod Eidson doing business as Fourth Dimension Traffic for the purchase of transit signal priority firmware for standard, bus and light rail signal synchronization, including site licenses, related professional services, five years of warranty/maintenance, for a total amount not to exceed $744,813 including sales tax; and

(b) Execute change orders not to exceed a 10% contingency in the amount of $74,500 to cover supplemental services and any unanticipated changes or requirements. CEQA: Not a Project. (Finance)

(a) Approval of the report on the revised Fiscal Year 2006/07 - 2011/12 Rule 20A Utility Undergrounding Workplan.

(b) Acceptance of the report on the benchmarking study on the utility undergrounding program in seven major cities around the Bay Area.

(c) Direction to staff to submit, for the City Manager's consideration for inclusion in the 2007-2008 Proposed Budget, a proposal to fund the staffing needed to implement the 3-year workplan. CEQA: Not a Project. (Public Works)

(a) Acceptance of the 2006-2007 City Manager's Annual Report of the Finances of the City of San José in compliance with City Charter Section 701 (F).

(b) Adoption of Appropriation Ordinance and Funding Sources Resolution amendments in various operating and capital funds to implement the 2006-2007 Annual Report recommendations, including appropriate technical adjustments, as detailed in Section III (Appropriation/Clean-Up Adjustment Actions).

(c) Adoption of a resolution to amend the 2007-2008 Schedule of Fees and Charges to standardize the photocopying fee at $0.20 per page for standard copies (8 1/2"x11" and 11"x17") for each department within the City of San José. This does not apply to fees set by State or federal law or specialized services, such as blueprints and optical imaging reproduction.

(d) Approval of the addition of 1.5 positions in the Parks, Recreation and Neighborhood Services Department to support grant-funded augmentations to the Senior Nutrition Program, including a 0.5 Food Services Coordinator position and two 0.5 Cook positions. CEQA: Not a Project. (City Manager's Office)

(a) Acceptance of receipt of the History San José (HSJ) Audit completed by Macias Consulting Group, Inc that recommends a baseline annual budget of $1.6 million with a four-year financing strategy for a City subsidy of $840,377 in year 1, $743,796 in year 2, $456,009 in year 3 and $257,009 in year 4. At the end of year 4, subsidy may continue at $257,009, revert to $335,000 as contained in current Agreement, or City may re-evaluate to determine future funding levels through the end of the Agreement in FY 2017-18.

(b) Direction to staff to work with HSJ to determine the rationale for their proposal for a $1.2 million annual subsidy with an annual cost of living increase HSJ to provide details on the level of service to be and compare this with the level of service that would be provided under the financing strategy recommended in the Macias audit. Staff to bring results of discussions with HSJ by December 2007.

(c) Adoption of a resolution authorizing the City Manager to negotiate and execute the Fourth Amendment of the Operations Agreement between the City of San José and the History Museums of San José (now History San José) to advance the third quarter payment for the period of January through March 2008 in the amount of $143,705.75 CEQA: Not a Project. (City Manager's Office) TO BE HEARD IN THE EVENING

(a) Review of Committee Workplan.

(b) Local/Small Business Contracting. (Finance/Public Works/Economic Development)

(c) San José Bioscience and Emerging Technologies Initiative. (Economic Development/Redevelopment Agency)

(d) Convention Center Deferred Maintenance and Expansion. (Redevelopment Agency/Team San José)

(e) San José Retail Strategy. (Economic Development/Redevelopment Agency) SEE ITEM 4.2 FOR COUNCIL ACTION TO BE TAKEN

(f) North San José Vision 2030 Update. (Planning, Building, & Code Enforcement/ Economic Development/Redevelopment Agency)

(g) Quarterly Update on Performance Measurements. (Housing/Planning, Building, & Code Enforcement/Economic Development/Redevelopment Agency) Deferred to November 26, 2007

(h) Quarterly Update on Council Directives.

(i) Process Report and Timeline update for Adoption of the 2007 California Building Standards, CCR Title 24, Parts 26,810, and 12. (Planning, Building & Code Enforcement)

(j) Status Report on Secondary Units Pilot Program. (Housing) Deferred from August 27, 2007 SEE ITEM 11.2 FOR COUNCIL ACTION TO BE TAKEN

(k) Oral Petitions

(l) Adjournment

(a) Acceptance of the list of recommended sites as potentially suitable for retail development;

(b) Direction to staff to initiate General Plan, related environmental work, and other entitlement efforts to prepare the sites for consideration of retail development; and

(c) Direction to staff to bring forward funding proposals for Council consideration for activities identified in recommendation (b). CEQA: Not a Project. (Economic Development) [Community and Economic Development Committee referral 9/24/07 - Item (e)]

(b) Acceptance of the status report which is attached to the Council Memorandum as Attachment 1. CEQA: Not a Project. Council Districts 5, 7 and 8. (Planning Building and Code Enforcement/City Manager's Office) TO BE HEARD IN THE EVENING

(a) Report on Draft Water Conservation Plan for the City. (ESD)

(b) Report on Recommendations to Adopt a Zero Waste Goal as Specified in the Urban Environmental Accords. (ESD) TO BE HEARD BY COUNCIL ON 10/23/07

(c) Report on PG&E Service Coordination. (RDA) Recommended Drop by the Administration

(d) Report on Green Building Implementation Guidelines. (CMO/PW/RDA)

(e) Update Report on Private Development Incentives for Green Building. (OED/PBCE)

(f) Report on Strategies to Reduce Deferred Maintenance and Infrastructure Backlog. (CMO)

(g) Review of Relevant Legislative Guiding Principles for 2008. (CMO)

(h) Report on Airport Parking Facilities Programs and Rates. (Airport)

(i) Status Report on Implementation of the Taxicab Service Model. (Airport/PD/DOT) Deferred from June SEE ITEM 6.3 FOR COUNCIL ACTION TO BE TAKEN

(j) Report on the Transportation Maintenance Master Plan. (DOT) Deferred from June Recommend Deferral to November

(k) Report on Sewer Service & Use Charge Fund Financing Alternatives to Address Critical Infrastructure Needs. (ESD/PW/DOT) Deferred from September Recommend Deferral to November

(l) Update on the City's Plan to Achieve the actions Stated in the Environmental Accords. (ESD) Recommend Deferral to November

(m) Quarterly Update on Council Directives. (CMO) Deferred from September Recommend Deferral to November

(n) Oral Petitions

(o) Adjournment

(a) Authorizing the City Manager to negotiate and execute Project Funding Agreements with Airport tenants for the purpose of providing them with the option of incorporating improvements above and beyond the current scope of work and budgeted costs of the Airport Terminal Area Improvement Program, in an amount to be paid by the tenant not to exceed $2,000,000 for any one agreement; and

(b) Authorizing the City Manager to negotiate and execute Change Orders to the Design-Build Contract with Hensel Phelps Construction Co. to incorporate the cost of the improvements outlined in the Project Funding Agreements, in an amount not to exceed $2,000,000 for any one Change Order. CEQA: Resolution Nos. 67380 and 71451, File No. PP 07-182. (Airport)

(a) Select the "Historic Bank of America Building Lobby" as the Downtown San José BART station portal in the Transit Mall area.

(b) Select the "Southern Offset" for the BART tunnel alignment in the vicinity of Santa Clara Street and Coyote Creek. CEQA: Not a Project. Council District 3. (Transportation)

(b) Adoption of a resolution authorizing the Director of Environmental Services to execute an option to replace the Fuel Cell System Module in the amount of $1,200,000, subject to future appropriation of funds by the Council.

(c) Adoption of a resolution authorizing the Director of Environmental Services to negotiate and execute a Self-Generation Incentive Program contract with Pacific Gas and Electric, to receive a rebate of up to $4.5 million upon certification of the fuel cell system by Pacific Gas and Electric.

(a) Consideration of an ordinance rezoning the real property located on the south side of Blossom Hill Road, approximately 70 feet westerly of Hoffman Court (1250 Blossom Hill Rd) from R-1-8 Single-Family Residence Zoning District to R-M Multiple Residence District on a 0.26 gross acre site. SNI: Hoffman/Via Monte. CEQA: Exempt. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). C07-027 - District 10 [Continued from 9/25/07 - Item 11.1(h)]

(b) Consideration of an ordinance rezoning the real property located at/on the north side of Bark Lane approximately 150 feet west of Weyburn Lane (7201 Bark Lane) from RM Residential District to A(PD) Residential District to allow 45 attached single-family residential units, four stories tall over a podium garage on a 0.90 gross acre site (Lee Lily Fu and Jason C, Owner). CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). PDC06-005 - District 1

(c) Consideration of an ordinance rezoning the real property located at/on the east side of South 3rd Street approximately 500 feet north of Keyes Street (1010 S 3rd Street) from the HI Heavy Industrial Zoning District to the A(PD) Planned Development Zoning District to allow up to 37 residential multiple dwelling units on a 0.713 gross acre site (Fernando C. Guevarra and Maria Guevarra, Owner; Long Nguyen, Developer). SNI: Spartan/Keyes. CEQA: Mitigated Negative Declaration. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). PDC07-002 - District 3 END OF PUBLIC HEARINGS ON CONSENT CALENDAR

(a) Consideration of an ordinance rezoning the real property located at/on the corner of Vista Montana and the west side of North First Street (APNs: 097-52-013 and 097-53-015) from the IP Industrial Park Zoning District to the A(PD) Planned Development Zoning District to allow up to 444 attached residential units on a 12.1 gross acre site (Novellus Systems, Inc., Owner). PDC07-054 - District 4

(b) Consideration of an ordinance rezoning the real property located on the northwesterly corner of Vista Montana and West Tasman Drive (APNs: 097-52-028 and 097-52-029) from the IP Industrial Park Zoning District to the A(PD) Planned Development Zoning District to allow up to 554 attached residential units and a 1-acre park on a 8.7 gross acre site (Sobrato Development Co. and Novellus Systems Inc., Owners). PDC07-055 - District 4

(c) Consideration of a Master Site Development Permit for development of up to 870,000 additional square feet of Industrial Park uses, including transfer of 290,000 square feet of floor area credits, on a 27 gross acre site, located at the southeast corner of North First Street and Headquarters Drive (APNs: 097-79-001, 097-79-002, 097-79-003, 097-79-009, 097-79-011, and 097-79-012) (Novellus Systems Inc., Owner). H07-035 - District 4

(d) Consideration of approval of an ordinance approving a Development Agreement with Novellus for the area within the boundaries of applications PDC07-054, PDC07-055, and H07-035, to vest for 20 years Site Development Permit, H07-035, for development of up to 870,000 square feet of Industrial Park uses, including transfer of 290,000 square feet of floor area credits; to vest for 5 years Planned Development Zonings, PDC07-054 and PDC07-055, for development of up to 998 residential units and 6 acres of parkland; and to provide maintenance, for the duration of the Development Agreement, of 5 acres of the 6 acres of parkland to be provided. DA-Novellus - District 4 CEQA: Resolution No. 72768, and Addendum thereto. Director of Planning, Building and Code Enforcement and Planning Commission recommend approval (7-0-0). (Planning, Building and Code Enforcement)