December 11, 2003

The Honorable Mayor and City Council

City of San Jose

801 North First Street

San Jose, CA 95110

Dear Mayor Gonzales and City Council:

At its meeting of December 11, 2003 the Treatment Plant Advisory Committee (TPAC) reviewed the items concerning the Water Pollution Control Plant on the San Jose City Council agenda for December 16, 2003.

These items are listed below along with the TPAC recommendation for San Jose City Council action.

Approval of Award

2.11 1. Approval of award of open purchase orders for supplies, materials, equipment and services for FY 2003-04 #8 and authorization for the Director of General Services to execute the purchase orders.

Approval of a First Amendment

2.5 2. Approval of a First Amendment to the Master Agreement with Los Esteros Critical Energy Facility, LLC

It is recommended that the City Council approve:

(a) A first amendment to the Master Agreement for Conveyance of Interests in Real Property between the City and Los Esteros Critical Energy Facility, LLC (LECEF) to modify the process for obtaining an appraisal of fair market value for specific easements and licenses on Water Pollution Control Plant (WPCP) bufferlands, and

(b) A modified Pole Line License agreement to realign space to be used by the Licensee, and to grant an option to convert the license to an easement at any time prior to expiration of the term.

Approval of the First Amendment

2.6 3. Approval of the first amendment to the agreement for consultant services between the City of San Jose and Kennedy/Jenks Consultants, extending the term of the agreement for 24 months, from December 31, 2003 to December 31, 2005; and to modify the scope of the design and construction support services to include alternative retrofit sites and additional recycled water pipelines in San Jose at no additional cost.

Sincerely,

RODNEY DIRIDON, Jr., Chairperson

Treatment Plant Advisory Committee