(a) Adopt the Annual Appropriation Ordinance, including transfers and loans for Fiscal Year 2009-2010 and the Manager's Final Budget Addendum.

(b) Adopt the Annual Funding Sources Resolution for Fiscal Year 2009-2010 and the Manager's Final Budget Addendum.

(c) Adopt a resolution in compliance with Article XIIIB of the Constitution of the State of California and as modified by Proposition 111 and SB 88 electing the population and inflation factors and establishing the Fiscal Year 2009-2010 Appropriation Limit.

(d) Adopt a resolution accepting the Recovery Act 2009 Internet Crimes Against Children Task Force Program Grant in the amount of $863,930 and authorizing the City Manager to execute the Grant Agreement and all related documents required to effectuate the grant. CEQA: Not a Project. (City Manager's Office) TO BE HEARD AT THE MORNING SESSION

(a) Direct the City Manager to negotiate and execute a contract with Avery and Associates in an amount not to exceed $27,800 for professional fees and expenses to conduct the search for the City of San José Independent Police Auditor (IPA) position based on the a desire to start anew with this recruitment process, and the criteria of performance, references and expertise.

(b) Direct the City Manager to negotiate and execute a contract with Bob Murray and Associates in an amount not to exceed $6,900 for expenses only based on the criteria of performance, references, expertise with similar recruitments, as well as their willingness to conduct a new search without an additional professional fee. CEQA: Not a Project. (Human Resources)

(a) Adopt a resolution approving an amendment to the terms of the current agreement with the Municipal Employees' Federation (MEF), AFSCME Local 101, regarding forgoing the scheduled 1.5% general wage increase and freezing step and merit increases for Fiscal Year 2009-2010, and authorizing the City Manager to execute the amended agreement.

(b) Adopt a resolution approving an amendment to the terms of the current agreement with the Confidential Employees' Organization (CEO), AFSCME Local 101, regarding forgoing the scheduled 1.5% general wage increase and freezing step and merit increases for Fiscal Year 2009-2010, and authorizing the City Manager to execute the amended agreement.

(c) Adopt the related 2009-2010 Appropriation Ordinance amendments in the General Fund and in the Construction Excise Tax Fund and approve restoration of positions subject to AFSCME Local 101, Municipal Employees' Federation and Confidential Employees' Organization ratification of their respective agreements and direction to include these actions in the final 2009-2010 Operating and Capital Budgets as described in Attachment A. CEQA: Not a Project. (City Manager's Office) TO BE HEARD AT THE MORNING SESSION (Rules Committee referral 6/17/09)

(a) Capital Improvement Projects in the Merged Redevelopment Area; and

(b) Support Services in the Fiscal Year 2009-10 Operating Budget. CEQA: Not a Project. (Redevelopment Agency/City Manager's Office) TO BE HEARD WITH ITEM 3.5 TO BE HEARD AT THE MORNING SESSION

(a) Adoption of a resolution by the City Council making certain determinations required by Redevelopment Law, Health and Safety Code Section 33445, for Redevelopment Agency funding of the proposed improvements for the expansion and renovation of the San Jose McEnery Convention Center.

(b) Adoption of a resolution by the City Council authorizing the Redevelopment Agency to submit an application, together with accompanying certification letter and other relevant documents, to the State Public Works Board to permit the use of design build for the expansion and renovation of the San Jose McEnery Convention Center under Public Contract Code Section 20688.6.

(c) Adoption of a resolution by the Redevelopment Agency Board authorizing the Executive Director to complete, execute, and submit an application, together with accompanying certification letter and other relevant documents, to the State Public Works Board to permit the use of design build for the expansion and renovation of the San Jose McEnery Convention Center under Public Contract Code Section 20688.6. CEQA: Resolution No. 72767 and Addenda thereto. File No. PP08-002. [MERGED]

(a) Adoption of a resolution by the City Council accepting the summary of costs and findings of the Amended Summary 33433 Report, pursuant to California Health and Safety Code Section 33433 for the lease with Cupertino Flames, LLC, for ground floor retail space at 88 South Fourth Street.

(b) Redevelopment Agency Board approval of the Fourth Amendment to the Restaurant Lease with Cupertino Flames, LLC, for the property located at 88 South Fourth Street, increasing the total square footage of the premises, revising the schedule and scope of the project, extending the lease term, and financing the Shell Improvements through a Shell Improvement Allowance of $260,000.

(c) City Council approval of a First Amended Certificate of Nondisturbance and Attornment with Cupertino Flames, LLC under the terms of the Master Lease between the City and the Redevelopment Agency. CEQA: Resolution No. 64273, Use of San Jose Downtown Strategy Plan FEIR. File No. CP98-054. [MERGED] (Deferred to August 11, 2009)

(a) Adoption of a resolution by the City Council making certain determinations required under California Health and Safety Code Section 33445 for Redevelopment Agency funding of the acquisition and demolition of existing vacant structures located at 1171 Mesa Drive and 5647 Gallup Drive, and construction of the proposed Hoffman/Via Monte Neighborhood Center Project.

(b) Adoption of a resolution by the Redevelopment Agency Board approving the award of a contract to Pantano Excavating, Inc., the low bidder in the amount of $95,663, and authorizing a contingency in the amount of $9,566 for a total funding authorization of $105,229, for the removal of asbestos containing materials and the demolition of two vacant structures located at 1171 Mesa Drive and 5647 Gallup Drive. CEQA: Exempt, File No. PP09-131. [HOFFMAN/VIA MONTE SNI]

(a) Adoption of a resolution by the Redevelopment Agency Board authorizing the Executive Director to negotiate and execute a second amendment to the agreement with ELS Architecture and Urban Design (ELS), in the amount of $1,012,000, for a total contract amount not to exceed $1,912,000, for continued architectural design services for the Civic Auditorium and Montgomery Theatre Rehabilitation Projects. CEQA: Not a project.

(b) Adoption of a resolution by the City Council making certain findings required under California Health and Safety Code Section 33445 for Agency funding for demolition of two City owned buildings known as meeting rooms 1A and 1B, adjacent to Parkside Hall, located at 180 Park Avenue. CEQA: Resolution No. 72767, File No. PP09-137" [PARK CENTER]

(a) Adopt a resolution by the City Council to express the City's interest in participating in the California Statewide Communities Development Authority (California Communities) California FIRST Community Energy Financing Program and authorizing related actions.

(b) Adopt a resolution by the City Council authorizing City Manager or the City Manager's authorized designees to submit the City's application to the Internal Revenue Service for the allocation of New Clean Renewable Energy Bonds as authorized by the American Recovery and Reinvestment Act of 2009 and the Energy Improvement and Extension Act of 2008.

(d) Adopt a resolution by the Financing Authority authorizing the Executive Director or the Executive Director's authorized designees to submit the Financing Authority's application to the Internal Revenue Service for the allocation of New Clean Renewable Energy Bonds as authorized by the American Recovery and Reinvestment Act of 2009 and the Energy Improvement and Extension Act of 2008. CEQA: Not a Project. (Environmental Services)

(b) Request for an excused absence for Councilmember Nguyen from the Closed Session Meeting of the City Council on June 9, 2009 due to a medical appointment. (Nguyen) (Rules Committee referral 6/10/09)

(c) Request for an excused absence for Vice Mayor Chirco from the Closed Session of the City Council Meeting on June 16, 2009 due to illness. (Chirco) (Rules Committee referral 6/17/09)

(d) Request for an excused absence for Councilmember Nguyen from the Final City Council Budget Hearing on June 15, 2009 due to illness. (Nguyen) (Rules Committee referral 6/17/09)

(e) Request for an excused absence for Councilmember Nguyen from the Closed Session, Regular Meeting and Evening Meeting of the City Council on June 16, 2009 due to illness. (Nguyen) (Rules Committee referral 6/17/09)

(f) Request for an excused absence for Councilmember Pyle from the Regular Meeting of the Rules and Open Government Committee on June 24, 2009 due to Authorized City Business: Sister City visits in Tallinn, Estonia. (Pyle) (Rules Committee referral 6/17/09)

(a) Accept the report on the status of the public-private partnership case studies;

(c) Direct staff to return to the Rules and Open Government Committee after the July City Council recess with proposed modifications to Council Policy 7-5 "Naming of City-Owned Land and Facilities." (City Manager's Office/Parks, Recreation and Neighborhood Services) (Rules Committee referral 6/10/09 - Item 10.1)

(a) Develop, in coordination with the City Attorney's Office, an amendment to the Zoning Code to establish a new Alum Rock Form Based Zoning District based on these preliminary standards; and

(b) Conduct additional public outreach regarding the proposed Zoning Code amendment. CEQA: Negative Declaration, File No. PP09-012. Council District 5. SNI: Mayfair and Gateway East. (Planning, Building and Code Enforcement)

(a) Award the construction contract for the Educational Park Branch Library to the low bidder, Barry Swenson Builder, to include the base bid and Add Alternate Nos. 1 through 5 in the amount of $7,136,300, and approve a contingency in the amount of $1,070,445.

(b) Approve the first amendment to the agreement for consultant services with Anderson Brule Architects, for the Project, extending the term of the agreement from October 31, 2010 to April 30, 2011, modifying the scope of services, and increasing the amount of compensation by $90,000, for a total agreement amount not to exceed $1,280,000. CEQA: Mitigated Negative Declaration, File No. PP08-024. Resolution approved by Council on November 6, 2007. Council District 4. (Public Works/Library) (Deferred from 6/16/09 - Item 5.3)

(a) Adopt a resolution authorizing the City Manager to determine the lowest responsive and responsible bidder, to award a construction contract for the Federal Recovery Act Tier I Resurfacing Project to the lowest responsive bidder, in the amount not to exceed funds appropriated for the Project, or to reject all bids and re-bid the Project.

(b) Approve a contingency equal to five percent of the award amount.

(c) Adopt a resolution ratifying the City Manager's execution of a California Department of Transportation implementation agreement setting forth the disadvantaged business enterprise program that the City of San José must implement as a condition of receiving federal funding for roadway projects. CEQA: Exempt, File No. PP06-066. Council Districts 3, 4, 5, 6, 7, 8, 9 and 10. (Transportation)

(b) Direct staff to explore feasibility, options and terms and conditions for an agreement that would allow International Disposal Corporation of California, Inc., to deliver leachate from Newby Island Sanitary Landfill to the San José/Santa Clara Water Pollution Control Plant and for the delivery of recycled water from the Plant to Newby using existing pipelines. (Environmental Services)

(c) Adopt a resolution authorizing the City Attorney to execute a Settlement Agreement and Release that provides for the payment of $700,000 to International Disposal Corporation of California, Inc. ("IDC") by the City of San Jose in exchange for IDC's release of all existing and potential claims for costs required by regulations adopted before January 1, 2009; and for amending the Agreement between the City of San Jose and International Disposal Corporation of California, Inc. to establish a new basis for future regulatory costs, and to reflect changes to the residential and commercial solid waste management program, as authorized by the City Council in Closed Session on June 2, 2009. CEQA: Hauling and disposal of grease, grit, and screenings: Exempt, File No.PP09-044; Hauling and beneficial use of biosolids: Exempt, File No. PP08-038; Newby Island Sanitary Landfill, 1997 Revised Solid Waste Facility Permit (43-AN-0003): Negative Declaration (H95-03-022).

(a) Establishing the U.S. Green Building Council's (USGBC), Leadership in Energy and Environmental Design (LEED) and Build it Green's (BIG) Green Point Rated rating systems as the mandatory green building standards for the City of San José.

(b) Establishing the Green Building Refundable Deposit and procedures for the collection and refund of the deposit.

(c) Describing the process for requesting an exemption from the established Green Building Standards and pipeline provisions for determining how the standards apply to projects already in progress.

(d) Listing implementation guidelines to illustrate the application of green building requirements to projects with multiple buildings.

(e) Analyzing the cost implications resulting from green building requirements in accordance with California Energy Commission requirements. CEQA: Exempt. (Planning, Building and Code Enforcement) (Transportation and Environment Committee referral 6/1/09 - Item 3.9)