The Council of the City of San José convened in regular session at 9:30 a.m. in City Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Cortese, Diquisto, LeZotte, Reed, Yeager; Gonzales.
Absent: Council Members: Dando, Shirakawa, Jr., Williams (all excused)
Upon motion unanimously adopted, Council recessed at 9:35 a.m. to a Closed Session in Room 600 to confer with Legal Counsel pursuant to Government Code Section 54956.9; under Subsection (a) to discuss existing litigation in the cases of (1) Laughlin v. City of San José, et al.; to discuss anticipated litigation pursuant to Subsection (b) of Government Code Section 54956.9, in two matters involving significant exposure to litigation and two matter regarding the initiation of litigation.
By unanimous consent, Council reconvened from the Closed Session, recessed at 10:45 a.m., and reconvened at 1:35 p.m. in the Council Chambers.
Present: Council Members: Campos, Chavez, Cortese, Dando, Diquisto, LeZotte, Reed, Shirakawa, Jr., Williams, Yeager; Gonzales.
Absent: Council Members: None.
Grupo Folklorico de James Lick, performed “Como me lo pongan lo brinco” for the invocation.
Mayor Gonzales led in the Pledge of Allegiance.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Orders of the Day were approved. Vote: 11-0-0-0.
1.1 Presentation of a proclamation declaring May “Stroke Awareness Month”. (Dando)
(Rules Committee referral 5/8/02)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the podium was Council Member Dando who spoke about her personal experience in November 2001 with brain attacks and presented the proclamation announcing May as “Stroke Awareness Month”.
1.2 Presentation of a proclamation declaring the week of May 12-18, 2002 as “National Historic Preservation Week”. (LeZotte)
(Rules Committee referral 5/8/02)
Documents Filed: None.
Discussion/Action: Joining Mayor Gonzales at the podium was Council Member LeZotte who introduced Landmark Commissioners Michael Youman, Marti Wachtel and Patricia Curia and Ellen Garboske from PAC SJ.
1.3 Presentation of a commendation to San José Conservation Corps on occasion of their 15th Anniversary and for their contribution to the community. (Campos/LeZotte)
(Rules Committee referral 5/8/02)
Documents Filed filed: None.
Discussion/Action: Joining Mayor Gonzalez at the podium was Council Members Campos and LeZotte who introduced two members of the San Jose Conservation Corps.
1.4 Fire Chief Manuel P. Alarcon introduced 10 Fire Fighters from Belgium visiting San Jose to learn about the fire fighting methods and apparatus, exchange ideas and ride along with the fire fighters for a first hand view of the national recognized public safety services.
Documents Filed filed: None.
Discussion/Action: Mayor Gonzales was presented with a plaque from Filip Van Acker, a representative of the Belgium Fire Fighters and a member of the Belgium Fire Observers, a non-profit organization.
Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the Consent Calendar was approved and the below listed items taken as indicated. Vote: 11-0-0-0.
2.1 Approval of City Council Minutes for:
(a) Regular meeting of October 30, 2001
(b) Joint Council/Redevelopment Agency Board meeting of October 30, 2001
Documents Filed: Minutes of the Regular Council and Joint Council/Redevelopment Board meetings of October 30, 2001.
Discussion/Action: The minutes were approved. Vote: 11-0-0-0.
2.3 Approval of an ordinance amending Section 3.36.920 of Chapter 3.36 of Title 3 of the San José Municipal Code to limit the time in which a member may apply for disability retirement from the Police and Fire Department Retirement Plan after separation from City service. (Board of Administration for the Police and Fire Department Retirement Plan)
Documents Filed: Memorandum from the Board of Administration for the Police and Fire Department Retirement Plan, dated April 24, 2002, recommending approval of said ordinance.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Ordinance No. 26633, entitled: “An Ordinance of the City of San José Amending Section 3.36.920 of Chapter 3.36 of Title 3 of the San José Municipal Code to Limit the Time in Which a Person may Apply for Disability Retirement from the Police and Fire Department Retirement Plan after Separation from City Service”, was passed for publication. Vote: 11-0-0-0.
2.4 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement between the City of San José and artist Deborah Mersky to fabricate and install an artwork for the Blossom Hill Branch Library, in an amount not to exceed $124,621. CEQA: Exempt, PP02-04-067. Council District 10. (Conventions, Arts and Entertainment)
Documents Filed: Memorandum from Director of the Department of Conventions, Arts and Entertainment, Nancy Johnson, dated April 24, 2002, recommending adoption of said resolution.
Discussion/Action: Resolution No. 70967, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Deborah Mersky for a Work of Art for the Blossom Hill Branch Library in an Amount Not to Exceed $124,621”, was adopted. Vote: 11-0-0-0.
2.5 Approval of a continuation agreement with Brown and Caldwell for engineering and technical support services, extending the term of the agreement from January 31, 2002 to December 31, 2002, at no additional cost to the City. (Environmental Services)
Documents Filed: (1) Memorandum from Director of the Department of Conventions, Arts and Entertainment, Nancy Johnson, dated April 24, 2002, recommending approval of said agreement with Brown and Caldwell. (2) Letter from the Treatment Plant Advisory Committee dated May 9, 2002, stating concurrence with the Staff recommendation.
Discussion/Action: The Continuation agreement with Brown and Caldwell was approved and its execution authorized. Vote: 11-0-0-0.
2.6 Approval of award of open purchase orders for supplies, materials, equipment, and services for FY 2001-2002 #33, and authorization for the Director of General Services to execute the purchase orders. (General Services)
Documents Filed: Memorandum from Director of General Services Jose Obregon, dated April 24, 2002, recommending approval of said open purchase orders.
Discussion/Action: The award of open purchase orders List #33 was approved and the Director of General Services was authorized to execute to the purchase orders. Vote: 11-0-0-0.
2.7 Adoption of a resolution authorizing the Director of General Services to execute a second amendment to the agreement with Minnesota Mining and Manufacturing Company (3M) for the purchase of fifteen additional 3M self-check systems at a total additional cost of $322,314.37, including tax and installation. (General Services)
Documents Filed: Memorandum from Director of General Services Jose Obregon, dated April 24, 2002, recommending adoption of said resolution.
Discussion/Action: Council Member Chavez suggested Staff review the feasibility of creating Teacher Library Cards which allow teachers a higher limit on checked-out books. Resolution No. 70968, entitled: “A Resolution of the Council of the City of San José Authorizing the Director of General Services to Execute a Second Amendment to the Agreement with Minnesota Mining and Manufacturing Company (3M)”, was adopted. Vote: 11-0-0-0.
2.8 Adoption of a resolution:
(a) Amending the City of San José Pay Plan to delete various obsolete job classifications.
(b) Amending the City of San José Pay Plan to change salary ranges for the classifications of Deputy City Attorney U (2150), Division Manager (8074), Environmental Inspector Assistant (5226), Land Surveyor (3875), Principal Planner (4126), Redevelopment Program Manager (4232), Senior Deputy City Attorney U (2153), and Senior Deputy City Attorney (2196).
(Human Resources)
Documents Filed: Memorandum from Acting Director, Human Resources, Kay Winer, dated April 24, 2002, recommending adoption of said resolution.
Discussion/Action: Resolution No. 70969, entitled: “A Resolution of the Council of the City of San José Amending the City of San José Pay Plan to Delete Various Obsolete Job Classifications and to Change Salary Ranges for Specified Classifications”, was adopted. Vote: 11-0-0-0.
2.9 Adopt and transmit a resolution to the Local Government Formation Commission indicating that the City of San José does not oppose the reorganization of territory involving detachment of a portion of property located at 327 Casa Loma Road from the City of San José to the County of Santa Clara and authorizing the Director of Planning, Building, and Code Enforcement to execute a waiver of protest proceedings related to this detachment for LAFCO. (Planning, Building and Code Enforcement)
Documents Filed: (1) Memorandum from Director of Planning, Building and Code Enforcement, Stephen M. Haase, dated April 26, 2002, recommending adoption of said resolution. (2) Notice of Filing of Petition by Landowner(s) for de-annexation of a portion of property located at 327 Casa Loma Road from the City of San José, submitted by the Local Agency Formation Commission, Santa Clara County.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Resolution No. 70970, entitled: “A Resolution of the Council of the City of San José Indicating that the City of San José does not Oppose that Certain Petition before the Local Agency Formation Commission of Santa Clara County for the Detachment of a Portion of that Certain Real Property Commonly Known as 327 Casa Loma Road, Morgan Hill, Directing the Director of Planning, Building and Code Enforcement to Provide a Copy of this Resolution to LAFCO and Authorizing the Director of Planning, Building and Code Enforcement to Execute a Consent to Waiver of Protest Proceedings for LAFCO”, was adopted. Vote: 11-0-0-0.
2.10 Approval of Contract Change Order No. 6 with Mountain Cascade, Inc., for the Fourth Major Interceptor Project (Phase V/VA) in the amount $120,464.38, for a total contract amount of $22,057,242.58, and a time extension of three working days, for a total of 376 working days. CEQA: Resolution No. 60197, PP97-10-213. Council District 4. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, dated April 24, 2002, recommending approval of said Contract Change Order.
Discussion/Action: Contract Change Order No. 6 with Mountain Cascade, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
2.11 Report on bids and award of contract for the Story Road and Lido Way Sidewalk Replacement Project (King Rd. - McCreery Ave.) to the low bidder, Golden Bay Construction, Inc., in the amount of $336,177, and approval of a contingency in the amount of $17,000. CEQA: Exempt, PP02-01-006. Council District 5. SNI: East Valley/680 Communities. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, dated April 24, 2002, recommending award of said contract, with related contingency, to the low bidder, Golden Bay Construction, Inc.
Discussion/Action: The award of said contract, with related contingency, to the low bidder, Golden Bay Construction, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
2.12 Reject all proposals for Legal Practice Management software, and authorize the Director of General Services to negotiate an agreement with a software vendor. (General Services/City Attorney’s Office)
(Rules Committee referral 5/8/02)
Documents Filed: Memorandum from City Attorney Richard Doyle, and General Services Director Jose Obregon, dated May 10, 2002, recommending approval to reject all proposals and authorization for the Director of General Services to negotiate an agreement with a software vendor.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. The recommendation to reject all proposals was approved and the Director of General Services was authorized to negotiate an agreement with a software vendor. Vote: 11-0-0-0.
3.1 Report of the Study Session – November 5, 2001
Mayor Gonzales, Chair
Documents Filed: Study Session report of November 5, 2001.
(a) Airport Improvement Program. Attachment: (1) Memorandum from Aviation Director Ralph G. Tonseth, dated September 4, 2001, reporting on the Airport Improvement Program, to be discussed at the September 4, 2001 Study Session, and transmitting Exhibits 1-10. (2) Supplemental memorandum from Aviation Director Ralph G. Tonseth, dated September 7, 2001, replacing Page 9 of Exhibit 9, titled Construction Implementation Schedule. (3) Supplemental memorandum from Aviation Director Ralph G. Tonseth, dated October 26, 2001, specifying certain action items to be placed on a future agenda to allow airport planning and design to move forward, necessitated by the Study Session of September 11, 2001, being canceled as a result of the terrorist attacks on New York City and Washington, D.C. (4) Memorandum from City Attorney Richard Doyle, dated October 26, 2001, transmitting background information to the Airport Master Plan and Legal Framework for Amending the 1997 Airport Master Plan. (5) Hard copies of the PowerPoint presentation given by City Staff on the Airport Improvement Plan. (6) Correspondence from approximately 12 individuals commenting on the Airport Improvement Program.
Council Accepted the Staff presentations on the revised San Jose International Airport Terminal Concept and the implications of terminal square footage limitations for customer services at the Airport.
Discussion/Action: The Report of the November 5, 2001 Study Session was accepted. Vote: 11-0-0-0.
3.2 Report of the Rules Committee – May 1, 2002
Vice Mayor Shirakawa, Jr., Chair
Documents Filed: Rules Committee report of May 1, 2002.
(a) Redevelopment Agency items reported out at Redevelopment Agency meeting
The Redevelopment Agency items to be reported out at Redevelopment Agency Board meeting.
(b) City Council
(1) Review May 14, 2002 Draft Agenda
The Committee recommended approval of the May 14, 2002 City Council Agenda.
(2) Add New Items to May 7, 2002 Agenda
The Committee recommended five additions to the May 7, 2002 City Council Agenda.
(c) City Council Committees
(1) Amendments to Council Committee Agendas
(a) Finance and Infrastructure Committee - None Filed.
(b) Economic Development and Environment Committee
The Committee recommended deferring from May 6, 2002 to June
3, 2002, agenda Item “c” entitled, Interim Report on Implementation Efforts
of Green Building Policies (Environmental Services.)
(c) Education, Neighborhoods, Youth, and Seniors Committee
None Filed.
(d) Meeting Schedules
The Committee recommended cancellation of the May 15, 2002 Rules Committee meeting and directed the City Clerk to hold a Rules-in-Lieu meeting on that date.
(e) The Public Record Attachment: (1) Memorandum from City Clerk Patricia L. O’Hearn, dated April 18, 2002, transmitting the Public Record for the period April 10-16, 2002.
(1) Response to Request by Pete Campbell.
The Committee directed staff to attach the full text of any Commission resolution containing a recommendation to the City Council, to the staff report on that item; and the Committee noted and filed the Public Record dated April 10-16, 2002.
(f) Boards, Commissions and Committees - here were none.
(g) Council Referrals for Assignment to Appropriate Committee, Administration, or Council Appointee - There were none.
(h) Administrative Reviews and Approval - There were none.
(i) Oral communications
Pete Campbell restated his concern that the Airport Commission’s resolution regarding the issue of renaming the Airport was not fully stated on the Council agenda of November 6, 2001, thus misleading the public’s understanding of options proposed by the Commission.
(j) Adjournment - The meeting was adjourned at 2:35 P.M.
Discussion/Action: Pete Campbell spoke on Item 3.2(e). Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Dando, and unanimously carried, the Rules Committee report and actions of May 1, 2002, were accepted. Vote: 9-0-2-0. Absent: Williams, Dando.
3.4 In recognition of May as National Stroke Awareness Month, approval of:
(a) City of San José to provide education and public outreach through existing senior programs.
(b) Fire Department to provide additional training to firefighters and paramedics as part of the ongoing Specialty Emergency Skills Training Program.
(c) Fire Department to open this training to paramedics throughout Santa Clara County.
(Dando)
(Rules Committee referral 5/8/02)
Documents Filed: Memorandum from Council Member Dando, dated May 8, 2002, recommending said actions in recognition of May as National Stroke Awareness Month.
Discussion/Action: This item was dropped from the agenda.
4.2 Adoption of a resolution authorizing staff to proceed with all actions necessary to begin construction of a new Civic Center at the Fourth and Santa Clara Street site. CEQA: Resolution No. 68905. (City Manager’s Office)
Documents Filed: (1) Memorandum from Mayor Gonzales and Council Members Chavez, Cortese, Dando and Yeager, dated May 9, 2002, recommending the City Council take the following actions: (a) Approve the site at 4th Street and Santa Clara as the location of the new San Jose Civic Center; (b) Direct the City Manager to implement the additional cost savings measures outlined in Attachment A; (c) Authorize the City Manager to take the necessary steps to begin development of the new Civic Center, including releasing bid packages and initiating bond sales to proceed with acquisition and construction; and (d) Direct the City Manager, City Attorney and City Clerk to have these actions recorded in the attached resolution for purposes of permanent display at the new facility. (2) Memorandum from Council Member Reed, dated May 14, 2002, recommending Council direct Staff to revise the Civic Center Alternatives Scenario Analysis to include a plan to expand at the existing City Hall site with the following elements: (a) Build an office tower with a One-Stop Permit Center, public meeting rooms and customer parking next to the existing City Hall; (b) Continue to use the existing Council Chambers and Offices; (c) Build a parking structure on the E-Lot across the street, but leave space on the corner for another office tower to built when the need arises; and (d) Create a one-acre Civic Plaza on the First Street side of City Hall or remove the driveway in front of City Hall and expand the Civic Plaza in front of City Hall to one acre. (3) Memorandum from Terry Roberts, Deputy City Manager, dated May 8, 2002, recommending Council adopt a resolution authorizing Staff to take actions necessary to proceed with the new Civic Center project, and transmitting a report entitled, New Civic Center, Alternative Scenario Proposals, dated May 7, 2002. (4) Hard copies of PowerPoint presentation given by Staff on Civic Center Alternative Scenarios Analysis. (5) Comments from 15 correspondents pertaining to the proposed Civic Center Project.
Discussion/Action: The following individuals spoke on the proposed Civic Center project: Larry Stone, County Assessor, Kent Mather, AIA Santa Clara Valley, Neil Struthers, Santa Clara Building Trades, Frank Fiscalini, SVA, Rev. Larry Burroughs, First Presbyterian Church, Ross Signorino, Dorothy Banker, Dean Baird, Dave Pitman, Jim Cunneen, Silicon Valley Chamber of Commerce, Henry Cord, San José Downtown Association, Jim Crawford, Ken Podgorsek, H. G. Nguyen, Vietnamese-American Chamber of Commerce, Yolanda Reynolds, William J. Garbett, Rusty Lutz, William T Brooks, Gross & Holmes Properties, LLC, Pete Campbell, Larry Sayjohn, Bob Leininger, Shirley Lewis, Yolanda Engiles, Sandy Perry, C.H.A.M., Gabriel Velasquez, ESCBA property owner, and Jack S. Licursi, Kevin Kittil, W. Phillips, Jose Posadas, and Al Roosma. Vice Mayor Shirakawa, Jr., moved approval of the recommendation in Mayor Gonzales’ memorandum co-authored by Council Members Chavez, Cortese, Dando, and Yeager, dated May 9, 2002. Council Member Diquisto seconded the motion.
Council Member Reed stated his opposition to the Fourth and Santa Clara Streets site, that the proposed building is too small because it would not allow the consolidation of all City offices and services as projected when the issue went before the voters, and the site is too small to permit an additional building for that purpose. In contrast, he stated the project is too large in terms of costs, especially at a time when other projects or services may have to be cut due to budgetary constraints, and as beneficial as the project would be for the downtown, he does not think it is something the City can afford. Council Member Dando stated the proposed new City Hall building will become a landmark building and provides an opportunity to move City Hall back into the downtown, and she supports the project. Council Member Cortese stated the question of viable options have been fully explored and there are no other viable options open to the City, that the proposed project will save a tremendous amounts in leased space costs, and to delay action would only compound that problem, and he believes the value engineering and other cost containment measures can insure the project is delivered on budget and on time and provide real value to the citizens of San José. Council Member Chavez stated she had initially questioned the rationale for moving to the downtown, but had determined to work to make the project the best City Hall project possible, as the 11th largest city in the nation. She stated the neighborhood and business districts need a quality project, one which reflects the civic pride we want citizens to experience in San José, and provides a gathering place where people in the community can come together to play and to picnic, or to debate and to protest. Council Member Williams stated he was involved with this project as a member of the Planning Commission, which recommended that the City Council adopt the Civic Plaza Redevelopment Plan. Having reviewed the various scenarios, he concluded this is a unique opportunity, which the City should not miss. From an historical viewpoint, he stated people are drawn to significant places, and creating such a place will have costs, but the benefit of leaving a legacy for the community to encourage their participation and involvement will continue beyond the present into the future. Council Member Yeager stated the building is truly a terrific design which can bring a renaissance to building in San José, by serving as an example, as a great landmark, and as a “green” or ecology-friendly building to a great extent, and it will certainly be worth the investment. Council Member Yeager stated that cost-containment efforts should be able to keep the project on budget. Concerning location options, he stated the costs necessary to build at the current location, which would entail re-doing plans, designs, environmental documents, and the construction schedule, would make that option prohibitive, in addition to the cost of displacing employees while seismically retrofitting the current City Hall, and delayed construction would require millions of dollars in rents, as well as the issue of the money already spent on the current plan. Therefore, he stated the Fourth and Santa Clara site makes sense and creates a synergy in the downtown to support public and private investment. Regarding fiscal responsibility, he stated with the recommendations in the May 9, 2002, memorandum, he expects the project can be on time and on budget, and he supports the motion.
Council Member LeZotte stated she does not support the proposal and, although she supports the idea of consolidation of City facilities, she thinks the current City Hall site is the seat of government, with its proximity to County, Sheriff, Police and Jail facilities and her preference would be to build on this site. She stated the intent of locating here was to revitalize this area and that is finally happening, and she does not think building in the downtown will revitalize the downtown in the near term. She stated she is pleased at the cooperative efforts that have supported “green building” policies and will make the proposed facilities very ecologically friendly. She reiterated suggestions made previously that a permanent memorial be erected to honor the two police officers that were killed on the site where the City Hall will be built, and stated that, consistent with her previous votes on the relocation of City Hall, she will vote in opposition. Council Member Campos expressed her support for the proposed City Hall project, stating that the downtown location will be more accessible to San José residents and encourage more community participation.
Mayor Gonzales stated the new Civic Center project will save taxpayers millions of dollars over the life of the building and emphasized that was the mandate given by voters when Measure I was passed in 1996. He stated the Civic Center and City Hall will improve customer service and because of the proposed on stop permit center, new development will be facilitated on a faster turn-around basis. He stated the design feature would permit the construction in the future of a second tower to accommodate future growth of the workforce and the needs of the community. He pointed out that of the twenty largest cities in the country, only San José does not have their City Hall in their downtown. Reciting the historical perspective, he stated this project was born in the last recession when the City faced tremendous budget deficits and when Mayor Hammer at that time asked a consultant for suggestions on how to save money, he suggested getting out of leased building and building a new City Hall to focus all City workers in one location, saving millions of dollars, and noted the City is again faced with budgetary restrictions, making cost savings essential. He pointed out that many alternatives have been studied and City Staff will continue to work with consultants and the architect to evaluate ways to reduce costs. He stated the public has been involved with this project every step of the way. He stated this is an extremely large public works project, emphasized that the proposed Civic Center is a great design and it is time for San José as a great city to take this bold step and move forward in this positive direction. On a call for the question, the motion carried and Resolution No. 70971, entitled: “A Resolution of the Council of the City of San José Endorsing the Construction and Relocation of a New Civic Center”, was adopted, and the recommendations in the May 9, 2002 memorandum from Mayor Gonzales and Council Members Chavez, Cortese, Dando, and Yeager, to: (1) Approve the site at 4th Street and Santa Clara as the location of the new San Jose Civic Center; (2) Direct the City Manager to implement the additional cost savings measures outlined in Attachment A of the Staff report; (3) Authorize the City Manager to take the necessary steps to begin development of the new Civic Center, including releasing bid packages and initiating bond sales to proceed with acquisition and construction; and (4) Direct the City Manager, City Attorney and City Clerk to have these actions recorded in the attached resolution for purposes of permanent display at the new facility; were approved. Vote: 9-2-0-0. Noes. LeZotte, Reed.
4.3 Approval of an agreement with Brown and Caldwell for design services and construction support services for the 60-Inch Brick Interceptor Replacement Phase IB Project in an amount not to exceed $2,079,100. CEQA: Exempt, PP02-04-088. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, dated April 14, 2002, recommending approval of said agreement with Brown and Caldwell.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Chavez, and unanimously carried, the agreement with Brown and Caldwell was approved and its execution authorized. Vote: 11-0-0-0.
5.2 Approval of the first amendment to the agreement with The Steinberg Group Architects for the Gardner Community Center Project to include design plans and specifications, increasing compensation by $526,680, from $70,000 to $596,680, and extending the term of the agreement from December 31, 2002 to August 31, 2005. CEQA: Negative Declaration, PP-01-11-206. Council District 3. SNI: Gardner/Atlanta. (Public Works)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, dated April 24, 2002, recommending approval of a first amendment to said agreement with The Steinberg Group Architects.
Discussion/Action: Upon motion by Council Member Chavez, seconded by Vice Mayor Shirakawa, Jr., and unanimously carried, the first amendment to said agreement with The Steinberg Group Architects was approved and its execution authorized. Vote: 11-0-0-0.
8.1 Approval of a third amendment to the Operating Agreement and Terminal Building Lease with Northwest Airlines, Inc. to extend the term from June 1, 2002 through November 30, 2007, and to revise insurance language to the City’s current requirements, with projected total annual revenue to the City of $570,000. CEQA: Resolution No. 67380, PP 02-04-082. (Airport)
Documents Filed: Memorandum from Aviation Director Ralph G. Tonseth, dated April 24, 2002, recommending approval of a third amendment to the Operating Agreement and Terminal Building Lease with Northwest Airlines, Inc.
Discussion/Action: Upon motion by Vice Mayor Shirakawa, Jr., seconded by Council Member Williams, and unanimously carried, the third amendment to said Operating Agreement and Terminal Building Lease with Northwest Airlines, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
8.2 Report on bids and award of contract for the Norman Y. Mineta San José International Airport - Security System Upgrades Project to the lowest responsive bidder, ADT Security Services, Inc., in the amount of $2,899,533, and approval of a contingency amount of $290,000. CEQA: Resolution No. 67380. (Public Works)
Documents Filed: (1) Memorandum from Director of Public Works, Katy Allen, dated April 24, 2002, recommending award of said contract, with related contingency, to the lowest responsive bidder, ADT Security Services, Inc. (2) Letter from ISR Solutions-Northern California, protesting the proposed award of contract.
Discussion/Action: Council Member Dando questioned why the lowest bid is $400,000 less than ADT which is recommended for award of the contract, and was advised by Staff that because ISR Solutions did not have the type of license to do the type of specialized work the project requires, they also would not have the type of experience needed. Thomas J. Liddy and Tom McCloskey, ISR Solutions, spoke in opposition to the proposed award of contract, stating their C-7 was held up by the State of California, due to a bureaucratic technicality. Michael Vacca, ADT Security Services, Inc., spoke in support of the proposal. City Attorney Richard Doyle advised Council that all bidders were informed in writing by addenda that an A-7 license was required at the time of the bid. Also, he stated ISR Solutions qualified their bid by saying certain work required by the plans and specifications would be performed by others, without naming who those entities, as required by the specifications. Later, ISR Solutions clarified they did not intend to exclude any required work, but that clarification was made after the bid opening. For those reasons, he advised the City Council couldn’t waive those defects because they are material defects, and the Council can only put the project out to bid again or award the contract to the lowest responsive bidder, which is ADT. Aviation Director Ralph Tonseth stated in response to queries from Council Member Dando about the consequences of rejecting all bids and rebidding the project, that this project has become the critical path item to open the International Arrivals Facility in August or September as desired, and that rebidding the project would delay the opening until the Fall, which he recommended against. Mayor Gonzales stressed the issue before Council is the responsiveness of the bid to the plans and specifications, not to the issue of which license is required, the C-10 or C-7, as the City Attorney explained. Council Member Williams stated if the project were to be rebid and ISR Solutions rebid with the exceptions included, their bid might not be the lowest. Council Member Diquisto stated he supports the motion because a delay caused by a rebid process would be costly and would not necessarily guarantee a lower bid from ISR Solutions once the criteria was met. Upon motion by Council Member Williams, seconded by Council Member Diquisto, and unanimously carried, the award of said contract to the lowest responsive bidder, ADT Security Services, Inc., was approved and its execution authorized. Vote: 11-0-0-0.
8.3 Adoption of a resolution authorizing the City Manager to negotiate and execute an agreement with Lea+Elliott, Inc. for consultant services for the Automated People Mover Projects at the Norman Y. Mineta San José International Airport in the amount of $650,000, for a term from the date of execution through June 30, 2003. (Public Works/Airport)
(Deferred from 4/30/02 – Item 8.1 and 5/7/02 – Item 8.1)
Documents Filed: Memorandum from Director of Public Works, Katy Allen, and Aviation Director Ralph G. Tonseth, dated May 1, 2002, recommending adoption of said resolution.
Discussion/Action: William J. Garbett spoke in opposition to the proposal. Council Member Chavez expressed concerns about potential parking needs at the area of First Street near the Hyatt Hotel, specifically that people will stop on First Street and board the people mover, creating parking problems in neighborhoods in that area. She suggested as part of the scope of the project that Staff examine solutions that could include offsite parking in that area. She stated Council Member Reed stated he agrees with Council Member Chavez that Staff cannot look at the traffic and parking impacts analysis at the North First Street Station without considering what demand there might be for a long-term parking structure or lot, and that the financing of such a facility is a secondary question. However, he stated there first needs to be a determination of the demand reflected in people parking on the street, and thought that that could be part of the analysis. Upon motion by Council Member Reed, seconded by Council Member Chavez, and unanimously carried, Staff was directed to clarify the agreement would include an analysis of whether or not there is a need and demand for long-term parking, and Resolution No. 70972, entitled: “A Resolution of the Council of the City of San José Authorizing the City Manager to Negotiate and Execute an Agreement with Lea+Elliott, Inc., for Consultant Services for the Automated People Mover Projects at the Norman Y. Mineta San José International Airport in the Amount of $650,000”, was adopted. Vote: 10-0-1-0. Absent: Diquisto.
Under Orders of the Day, Pete Campbell spoke on Item 4.2 to oppose its appearing on the agenda until the staff analysis is complete.
The Council of the City of San Jose adjourned at 4:35 p.m.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK