(a) Accept the 2011-2012 City Manager's Annual Report of the Finances of the City of San José in compliance with City Charter Section 701 (F).

(b) Adopt 2012-2013 Appropriation Ordinance and Funding Sources Resolution amendments in various operating and capital funds to implement the 2011-2012 Annual Report recommendations, including appropriate technical adjustments, as detailed in Section IV (Recommended Budget Adjustments and Clean-Up Actions).

(c) Adopt a resolution amending Resolution No. 76128 to change the name of the fund from Affordable Housing Investment Fund to the Low and Moderate Income Housing Asset Fund, pursuant to Health and Safety Code Section 34176(d).

(d) Approve the elimination of 1.0 Recreation Specialist position in the Parks, Recreation and Neighborhood Services Department, as detailed in Section IV (Recommended Budget Adjustments and Clean-Up Actions). CEQA: Not a Project, File No. PP10-069(a), Annual Reports. (City Manager's Office)

(a) Accept the staff report on service delivery evaluation options for Recycle Plus Billing and Customer Service; and

(b) Approve staff's proposed strategy to discontinue the in-house service delivery model and continue to evaluate two alternate service delivery options with a final recommendation to be brought forward to Council in Spring 2013. CEQA: Not a Project, File No. PP10-069(a), City Organizational & Administrative Activities. (Finance/Environmental Services/Information Technology) [Public Safety, Finance and Strategic Support referral 9/20/12 - Item D(6)]

(a) Summary Overview of the Habitat Plan.

(d) Alternative to Habitat Plan Adoption CEQA: EIR Resolution to be adopted when action on Habitat Plan is taken. (Planning, Building and Code Enforcement) [Rules Committee referral 9/19/12 - Item D(1)] (Continued from 9/25/12 - Item 4.3) TO BE HEARD BEFORE CONSENT CALENDAR AND AFTER CEREMONIAL ITEMS

(a) Finding that the award of a contract to Fehl Construction, Inc., for the restoration of San José Fire Station No. 5 and the expenditure of funds for the project is of urgent, necessity for the preservation of life, health and property;

(b) Finding that the formal bidding requirements of the San José City Charter and the San José Municipal Code are inapplicable to the award of the public works contract to Fehl Construction Inc., as authorized by Section 1217(e)(5) of the Charter and San José Municipal Code Section 14.04.050; and

(c) Authorize the Director of Public Works to negotiate and execute a contract to Fehl Construction, Inc., for the restoration of San José Fire Station No. 5 in an amount not to exceed $800,000 with a contingency of $100,000. CEQA: Exempt, File No. PP12-085. Council District 3. (Public Works) (Rules Committee referral 10/10/12) Please note: Approval of parts (a) and (b) of this item requires 8 or more affirmative votes