The Council of the City of San Jose convened in Regular Session at 9:34 a.m. in Council Chambers at City Hall.
Present: Council Members: Campos, Chavez, Chirco, Cortese, Dando, Gregory, LeZotte, Reed, Williams, Yeager; Gonzales.
Absent: Council Members: None.
Upon motion unanimously adopted, the City Council recessed to Closed Session at 9:34 a.m. in Room 600 to (A) confer with Legal Counsel regarding existing litigation pursuant to Government Code Section 54956.9 Subsection (a) to consider cases of (1) A-1 Lumber v. City of San José, et al, (2) Alejandro v. City of San José, (3) Brooks v. City of San José, (4) Chegwin Construction v. City of San José, (5) City of San José v. American GI Forum, (6) City of San José and People of the State of California v. Alvarez, et al., (7) City of San José v. Movassate, (8) City of San José v. Oakland, Port of Oakland, California, (9) County of Santa Cruz v. City of San José, (10) AMBAG v. City of San José, (11) Sierra Club, et al. v. City of San José, (12) Cripe, et al. v. City of San José, (13) Dubray v. City of San José, (14) Fisher v. City of San José, (15) Garden City v. City of San José, (16) Gibbs v. City of San José, (17) Gilbert, et al. v. City of San José, (18) Goodman v. City of San José, (19) Hells Angels v. City of San José, (20) Hernandez v. City of San José, (21) Horta, LLC v. City of San José, (22) Izzarelli v. City of San José, et al. (23) Jessie, et al. v. City of San José, (24) Kolia, et al. v. Wallace, et al. (25) Langton v. City of San José, (26) MHC v. City of San José, (27) Miller v. City of San José, (28) Morris v. City of San José, (29) Nguyen v. City of San José, et al. (30) People of the State of California, ex rel. San José City Attorney v. VST, et al., (31) Rivera v. City of San José, et al. (32) San Francisco Baykeeper v. California State Water Resources Control Board, City of San José, et al. (33) Sharp, et al. v. City of San José, et al., (34) Smith v. City of San José, (35) Sutter’s Place v. City of San José, (36) Tow Service v. City of San José, (37) Villarruel v. City of San José, et al., (38) Wall v. City of San José, et al., B) to confer with Legal Counsel regarding anticipated litigation pursuant to Section 54956.9 (b) in one matter where there is significant exposure to litigation and to discuss two matters in the initiation of litigation pursuant to subsection (c) of Section 54956.9 of the Government Code.
By unanimous consent, Council reconvened from Closed Session and recessed at 11:45 a.m. and reconvened at 1:34 p.m. in Council Chambers, City Hall.
Present: Council Members: Campos, Chavez, Chirco, Cortesé, Dando, Gregory, LeZotte, Reed, Willliams, Yeager; Gonzales.
Absent: Council Members: None.
Invocation
Anderson School Village
Singers led by Choir Director, Linda Covington led the invocation in their
performance of “It Starts With Me”, written by Theresa Jennings and the Star
Spangled Banner. (District 1)
Pledge of Allegiance
Pledge of Allegiance was led by
Mayor Gonzales.
Orders of the Day
Upon motion by Vice Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the Orders of the Day and the Amended Agenda were approved. Vote: 11-0-0-0.
CEREMONIAL ITEMS
1.1 Presentation of a proclamation recognizing the week of January 26-February 1, 2003 “Catholic Schools Week.” (Dando)
(Orders of the Day)
Documents Filed: None.
Discussion/Action: Vice Mayor Dando joined
Mayor Gonzales at the podium to proclaim January 26 through February 1, 2003 as
“Catholic Schools Week” and commended Elaine Lukus, Director of Community
Services of Holy Spirit School and Peggy Krewson, Assistant Vice-Principal of
Holy Spirit School; the proclamation was accepted by the President and Vice
President of the Student Body.
CONSENT CALENDAR
Upon motion by Council Member
Chavez, seconded by Council Member Dando and unanimously carried, the Consent
Calendar was approved and the below listed actions taken as indicated. Vote:
11-0-0-0.
2.2 Approval of City Council Minutes for:
(a) Regular meeting of May 28, 2002
(b) Joint City Council/Redevelopment Agency Board meeting of May 28, 2002
Documents Filed: Minutes of Regular
meeting of May 28, 2002; and Joint City Council/Redevelopment Agency Board
meeting of May 28, 2002.
Discussion/Action: The minutes of May 28,
2002 were approved. Vote: 11-0-0-0.
2.3 Adoption of a resolution amending the 2002-03 Schedule of Fees and Charges to establish a Library Department fee of $.15 per page for public use of printers. CEQA: Not a Project. (Library)
Documents Filed: Memorandum from Library Director Jane Light, dated January 8, 2003, recommending the adoption of said resolution.
Discussion/Action: Ross
Signorino spoke in opposition of the proposal. Resolution No. 71395, entitled:
“A Resolution of the Council of the City of San José Amending Resolution No.
71036 to Establish a Library Department Pay-For-Print Fee”, was adopted. Vote:
11-0-0-0.
2.4 Adoption of a resolution:
(a) Authorizing the City Manager to submit an application to the Corporation for National Service for a three-year grant not to exceed $262,971, for the Retired and Senior Volunteer Program (RSVP); and
(b) Authorizing the City Manager to accept grant funds and to negotiate and execute all agreements if grant is awarded.
CEQA: Not a Project. (Parks, Recreation and Neighborhood Services)
Documents Filed: Memorandum from Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated January 8, 2003, recommending said resolution.
Discussion/Action: Resolution
No. 71396, entitled: “A Resolution of the Council of the City of San José
Authorizing the City Manager to Submit an Application to the Corporation for
National Service for a Three-Year Grant not to Exceed $262,971 for the Retired
and Senior Volunteer Program, to Accept Grant Funds and to Negotiate and
Execute All Related Documents”, was adopted. Vote: 11-0-0-0.
2.5 Adoption of a resolution authorizing the City Manager to negotiate and execute a fund transfer agreement with the State of California’s Department of Transportation (Caltrans) the receipt of grant funding to study a section of the Coyote Creek Trail between Selma Olinder Park and Kelley Park, including a trail connection to the Spartan/Keyes Neighborhood, in an amount not to exceed $144,042, and approve the minimum ten percent match required of $14,042. CEQA: Exempt, PP03-01-002. Council District 3. SNI: Spartan/Keyes. (Parks, Recreation and Neighborhood Services)
Documents Filed: None.
Discussion/Action: This item was dropped. See Council action taken on January 21, 2003, City Council Meeting Agenda, Item 2.10.
2.6 Report on bids and award of contract for the Silvia Cassell Park Play Area Renovation Project to the low bidder, Community Playgrounds, Inc., to include the base bid and Add Alternate Nos. 1, 2, and 4, in the amount of $207,260, and approval of a contingency in the amount of $10,400. CEQA: Exempt, PP02-10-293. Council District 5. SNI: East Valley/680 Communities. (Public Works)
Documents Filed: Memoranda
from Director of Public Works Katy Allen, dated January 8, 2003 and January 21,
2003, recommending award of said contract, with related contingency, to the low
bidder, Community Playgrounds, Inc.
Discussion/Action: Council
Member Campos asked Staff about the process for informing Council about project
changes and that she was not informed about any changes to the tot lot play
area for said project and the changes were not included in the memorandum that
Council received. Director of Public Works Katy Allen stated during the
evaluation of the bidding schedule, the add alternates are prioritized and with
this particular matter of the tot lot, the first, second, and fourth add
alternates were awarded, but not the third, and on the issue of notifying
Council about the changes, she stated Staff would make future efforts in
providing additional front end correspondence to Council. Council Member Campos
asked Staff if the changes to the tot lot were related to funding issues and
when she previously met with staff, she requested $73,000 for additional items
for the playground, and she stressed concerns about not being given the option
to approve the recent changes. Director of Parks, Recreation & Neighborhood
Services Sara Hensley stated the $73,000 grant money was funded for the
playground project and noted that Staff regretfully neglected to inform Council
of the add alternate options. Council Member Campos stated the playground
changes did not interfere with what the community originally requested, but as
the project moves forward, she requested staff inform Council of any future
project changes. The contract was awarded to the low bidder, Community
Playgrounds, Inc., and the related contingency approved. Vote: 10-0-1-0.
Absent: Reed.
2.7 Report on bids and award of contract for the River Glen Park Restroom Building Project to the low bidder, and approval of a five percent contingency. CEQA: Exempt, PP02-12-365. Council District 6. (Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred
to February 11, 2003.
2.8 Report on bids and award of contract for the Ramblewood Park Play Area Renovation and Restroom Project to the low bidder, and approval of a five percent contingency. CEQA: Exempt, PP02-12-392. Council District 7. (Public Works)
Documents Filed: None.
Discussion/Action: This item was deferred
to February 11, 2003.
2.9 (a) Approval of the second amendment to the Master Agreement with Terrasearch, Inc. for special inspection and material testing services for various projects, increasing compensation by $150,000, for a total agreement amount of $250,000, and extending the term by two years to June 30, 2005.
(b) Approval of the second amendment to the Master Agreement with Sierra Environmental, Inc. for environmental engineering services for various projects, increasing compensation by $150,000, for a total agreement amount of $250,000, and extending the term by two years to June 30, 2005.
(c) Approval of a first amendment to the Master Agreement with Parikh Consultants, Inc. for geotechnical engineering services for various projects, increasing compensation by $160,000, for a total amount of $250,000, and extending the term by two years to June 30, 2005.
CEQA: Not a Project. (Public Works)
Documents Filed: (1) Memorandum from Director of Public Works Katy Allen, dated January 8, 2003, recommending approval of the second amendment to the Master Agreement with Terrasearch, Inc. for said services. (2) Memorandum from Director of Public Works Katy Allen, dated January 8, 2003, recommending approval of the second amendment to the Master Agreement with Sierra Environmental, Inc. for said services. (3) Memorandum from Director of Public Works Katy Allen, dated January 8, 2003, recommending approval of a first amendment to the Master Agreement with Parikh Consultants, Inc. for said services.
Discussion/Action: The second amendment to
the Master Agreement with Terrasearch, Inc., the second amendment to the Master
Agreement with Sierra Environmental, Inc., and a first amendment to the Master
Agreement with Parikh Consultants, Inc., were approved. Vote: 11-0-0-0.
2.10 Approval of a first amendment to the consultant agreement with Sound Technology Consultants, Inc., extending the term of the agreement by 11 months from September 30, 2003 to August 31, 2004, at no additional cost to the City. CEQA: Not a Project. (Public Works)
Documents Filed: Memorandum from Director
of Public Works Katy Allen, dated January 8, 2003, recommending a first
amendment to the consultant agreement with Sound Technology Cosultants, Inc.
for said extension.
Discussion/Action: The first amendment to
the consultant agreement with Sound Technology Consultants, Inc. was approved.
Vote: 11-0-0-0.
END OF CONSENT CALENDAR
STATEGIC SUPPORT SERVICES
3.2 Report of the Rules Committee – January 15, 2003
Vice Mayor Dando, Chair
Documents Filed: Rules Committee report
of January 15, 2003.
(a) Redevelopment
Agency items reported out at Redevelopment Agency meeting
(b) City Council
(1)
Review January 28,
2003 Draft Agenda
The
Committee recommended approval of the January 28, 2003 City Council agenda.
(2)
Add New Items to
January 21, 2003 Amended Agenda
The
Committee recommended three additions to the January 21, 2003 City Council
agenda.
(c) City Council Committees
(1)
Amendments to Council
Committee Agendas
(a)
Finance and
Infrastructure Committee
(b)
Economic Development
and Environment Committee
(c)
Education,
Neighborhoods, Youth and Seniors Committee
None Filed.
(d) Meeting Schedules – There were none.
(e)
The Public Record.
Attachment: Memorandum from City Clerk Patricia O’Hearn, dated January 9, 2003,
listing the items transmitted to the Administration for the period November 20,
2002 – January 7, 2003.
The
committee referred Item (d) on the Public Record; “Communications from the
San José Human Rights Commission encouraging Council and City Administration to
explore the feasibility of adopting a policy that would prohibit the City from
entering into contracts with vendors or contractors that do not provide equal
benefits to domestic partner employees”, to the Administration, with
direction to return to Rules Committee in two weeks with a workload assessment
to adopt a policy. The Committee noted and filed the remainder of the Public
Record.
(f) Boards, Commissions and Committees
(1) Child Care Commission. Attachment:
Memorandum from Katherine Moore-Wines, Chair of the Child Care Commission,
dated December 30, 2002, requesting the name of the Commission be changed and
that the number of members be increased.
The Committee recommended approval
to change the name of the Child Care Commission to the City of San Jose Early
Care and Education Commission; and to increase the number of Commission members
from eleven to thirteen.
Discussion/Action:
See item 3.7 for Council action taken.
(g)
Council Referrals for
Assignment to Appropriate Committee, Administration, or Council Appointee –
There were none.
(h) Administrative Reviews and Approval
(1) Approve requests from Council Member Pat
Dando to use Council General funds. Attachment: Memorandum from Council Member
Dando, dated November 15, 2002, requesting use of Council General funds to
attend League of California Cities Board of Director’s Meeting in San Diego,
CA, November 21-25, 2002, and to attend National League of Cities Congress of
Cities & TIS Committee Meeting in Salt Lake City, UT, December 3-8, 2002.
(2) Memorandum from City Clerk Patricia L. O’Hearn, dated January 10, 2003,
summarizing the use of Council General Travel Budget to date.
The Committee approved Council Member Dando’s use of Council General
funds to attend the League of California Cities Board of Directors Meeting in
San Diego, CA, November 21-25, 2002 and to attend the National League of Cities
Congress of Cities and TIS Committee Meeting in Salt Lake City, UT, December
3-8, 2002.
(2)
Approve work
assessment on a proposed policy for selecting sites for City-sponsored
meetings. Attachment: Memorandum from Jim McBride, Acting Director of
Conventions, Arts and Entertainment, dated January 10, 2003, recommending
acceptance of the work assessment on a proposed policy for the City and
City-funded organizations, and direction to proceed with analysis of the
policy’s implications and implementation for fiscal year 2003-2004.
The
Committee directed the Administration to proceed with an analysis of the
implications of a proposed policy for selected sites for City-sponsored
meetings and to return to the Rules Committee in four weeks with an interim
report.
(i) Oral communications. Attachment: Letter
from Pete Campbell, dated January 15, 2003, requesting an issue regarding
Measure I (1996) be placed on the next Council agenda.
Pete Campbell, a resident from District 1, presented
a letter to City Attorney Doyle and also a written request to the Rules Committee
to place an item regarding Measure I on the next City Council agenda. There was
no Committee discussion.
(j) Adjournment
The Rules Committee
Meeting adjourned at 2:35 P.M.
Discussion/Action: Upon motion by Vice
Mayor Dando, seconded by Council Member Chavez, and unanimously carried, the
Rules Committee report and actions of January 15, 2002 were approved. Vote:
11-0-0-0.
3.4 Approval of a first amendment to the Design, Development, Operation, and Maintenance Agreement with the Vietnamese Cultural Heritage Foundation for the construction of the Vietnamese Cultural Heritage Gardens in Kelley Park allowing the Director of Public Works to waive performance and workmanship bond requirements if alternative financial security, acceptable to the Director, is provided. (Reed)
(Deferred from 12/3/02 – Item 3.8 and 12/10/02 – Item 3.8)
Documents Filed: None.
Discussion/Action: This item was deferred to February 4, 2003.
3.5 Acceptance of staff’s report and adoption of a resolution:
(a) Supporting the restoration of the State
of California’s Vehicle License Fee
(VLF); and
(b) Authorizing the City Clerk to forward the resolution to the Governor and the State Legislature.
CEQA: Not a Project. (City Manager’s Office)
(Rules Committee referral 1/22/03)
Documents Filed: Memorandum from Director of Intergovernmental Relations Betsy Shotwell, dated January 21, 2003, recommending the acceptance of the staff report and adoption of said resolution.
Discussion/Action: Mayor Gonzales stated he was invited as one of the Mayors of the top 10 Cities in California to discuss the Vehicle License Fee and Budgetary issues, he thanked Council for their support on this resolution. Upon motion by Council Member Williams, seconded by Council Member Cortese, and unanimously carried, Resolution No. 71397, entitled: “A Resolution of the Council of the City of San José Urging the California Legislature to Reject the Governor’s Proposed Shift of Local Vehicle License Fee (VLF) Revenues and to Honor the 1998 Commitment to Restore the Vehicle License Fee”, was adopted. Vote: 11-0-0-0.
3.6 Issue for Council consideration and direction to staff to:
(a) Not purchase citywide property insurance for the period November 26, 2002 through June 30, 2003, pursuant to the provisions of the Terrorism Risk Insurance Act (TRIA) of 2002 and direct staff to continue to evaluate the risks and fiscal feasibility of purchasing terrorism coverage as part of the annual renewal process.
(b) Not purchase Builder's Risk for the New Civic Center pursuant to the provisions of the Terrorism Risk Insurance Act (TRIA) of 2002.
(c) Not purchase the Airport Terrorism Liability insurance for the Norman Y. Mineta San José International Airport pursuant to the Terrorism Risk Insurance Act (TRIA) of 2002 and direct staff to continue to evaluate the business risks and financial feasibility of purchasing terrorism liability insurance as part of the annual renewal process.
CEQA: Not a Project. (Finance)
(Rules Committee referral 1/22/03)
Documents Filed: Memorandum from Finance Director Scott Johnson, dated January 22, 2003,
recommending actions as follows: (1) Direct Staff to not purchase Citywide
property insurance pursuant to the provisions of the Terrorism Risk Insurance
Act (TRIA) of 2002 and direct Staff to continue to evaluate the risks and
fiscal feasibility of purchasing terrorism coverage as part of the annual
renewal process, (2) Direct staff not to purchase Builder’s Risk for the New
Civic Center pursuant to the provisions of the Terrorism Risk Insurance Act
(TRIA) of 2002, (3) Direct Staff not to purchase the Airport Terrorism
Liability insurance for the Norman Y. Mineta San José International Airport
pursuant to the Terrorism Risk Insurance Act (TRIA) of 2002 and to continue to
evaluate the business case, risks, and financial feasibility of purchasing
terrorism liability insurance as part of the annual renewal process.
Discussion/Action: Vice Mayor Dando asked
Staff if Council did not approve the City-wide property insurance, would the
decision forgo access to any federal funding. Staff stated if Council did not
approve City-wide property insurance, the decision would have no bearing on
federal funding. Upon motion by Vice Mayor Dando, seconded by Council Member
Chavez, and unanimously carried, direction to not purchase Citywide property
insurance for said period, to not purchase Builder’s Risk for the New Civic
Center pursuant to the provisions of the Terrorism Risk Insurance Act (TRIA) of
2002, and to not purchase the Airport Terrorism Liability Insurance for the
Norman Y. Mineta San José International Airport pursuant to the Terrorism Risk
Insurance Act (TRIA) of 2002, and direction to Staff to continue evaluating the
business risks and financial feasibility of purchasing terrorism liability
insurance as part of the annual renewal process, was approved. Vote: 11-0-0-0.
3.7 Approval of request by the Child Care Commission to rename the Commission San José Early Care and Education Commission, and to increase the number of Commission members from 11 to 13, and direction to the City Attorney’s Office to prepare an ordinance amending the Municipal Code to implement the changes requested by the Child Care Commission.
{Rules Committee
referral 1/15/03 – Item 3.2(f)(1)]
Documents Filed: None.
Discussion/Action: Upon
motion by Council Member Williams, seconded by Council Member Yeager, and
unanimously carried, the request by the Child Care Commission to rename the
Commission to the San José Early Care and Education Commission, to increase the
number of Commission members from 11 to 13, and direction to the City
Attorney’s Office to prepare said ordinance, was approved. Vote: 11-0-0-0.
ECONOMIC & NEIGHBORHOOD DEVELOPMENT
4.3 Approval of an ordinance amending Sections 23.04.320, 23.04.330, 23.04.340, 23.04.350, and 23.04.830 of Chapter 23.04 of Title 23 of the San José Municipal Code to amend signage regulations in residential zoning districts and to provide for an amortization period for certain temporary signs in those districts. CEQA: Exempt. (Planning, Building, and Code Enforcement)
[Economic Development & Environment Committee referral 12/2/02 – Item 4.1(c)]
(Deferred from 12/17/03 – Item 4.7 and 1/14/03 – Item 4.4)
Documents Filed: (1) Supplemental memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated December 11, 2002, transmitting the discussion and the concerns raised by the Economic Development and Environment Committee (EDEC) related to the proposed amendments to the sign regulations affecting residential areas and presenting a revised recommendation in response to concerns contained therein. (2) Supplemental memoranda from Senior Executive Analyst, Nadine Nader, transmitting a memorandum from Director of Planning, Building & Code Enforcement Stephen Haase, dated November 15, 2002 recommending the adoption of the proposed ordinance. No action was taken and the Economic Development & Environment Committee agreed to forward recommendation to Council at the December 17, 2002 City Council Meeting.
Discussion/Action: This item was dropped for referral to a City Council Committee.
4.4 Adoption of a resolution:
(a) Rescinding the current Council Policy 9-3 prohibiting the installation of community identification signs other than those of a historical nature; and
(b) Adopting a replacement policy based on the proposed guidelines and criteria for allowing community identification signs and architectural/gateway monuments within the public right-of-ways outside the Greater Downtown Area.
(Planning, Building and Code Enforcement)
[Economic Development & Environment Committee referral 12/2/02 – Item 4.1(b)]
(Deferred from 12/17/03
– Item 4.6 et al., and 1/21/03 – Item 4.4)
Documents Filed: None.
Discussion/Action: This item was deferred to February 11, 2003.
5.2 Report on bids and award of contract for the Biebrach Park Play Area Renovation and Restroom Replacement to the low bidder, and approval of a nine percent contingency. CEQA: Exempt, PP02-09-259. Council District 3. SNI: Gardner. (Public Works)
(Deferred from 1/14/03 – Item 5.3)
Documents Filed: None.
Discussion/Action: This item was deferred to February 11, 2003.
5.3 Update on the progress of the implementation of the Strategic Plan, Services for Persons with Disabilities. CEQA: Not a Project. (Parks, Recreation and Neighbor-hood Services)
Documents Filed: Memorandum from Director of Parks, Recreation & Neighborhood Services Sara Hensley, dated January 8, 2003, recommending said progress update.
Discussion/Action: A slide
presentation was conducted by the Advisory Council for Persons with
Disabilities. Parks, Recreation, and Neighborhood Services, Therapeutic
Supervisor and Project Manager for the City of San Jose Persons with
Disabilities Jan Elix, Advisory Council Board Members Jamie Whiteford, Aaron
Morrow, Parent Advocate Sheryl Snyder, and Advisory Council Board Member and
Executive Director of the San Andreas Regional Center Santee Rodgers, presented
progress reports with implementations for the Persons with Disabilities
Strategic Plan, stating their needs to develop a fully accessible,
state-of-the-art, recreation and wellness center, for City-wide inclusion
services, and augmenting staffing levels to provide safe and effective services
for persons with disabilities. Council
Member LeZotte thanked the Advisory Council Board members for their
presentation and for the hard work and efforts they contributed in comprising
the information needed to support the Strategic Plan. She stated the support
needs for people with disabilities is large and funding such a program will
have overall effects, including upon City employees and the community of San
José. She stressed concerns about the cross-training of employees within
General Services and the differences in cross-training a specialist who
provides services for persons with disabilities and a general employee. She
stated the specialists are trained professionals and she requested Staff use
their creativity to help the plan move forward and continue the needed
services. Mayor Gonzales thanked Council Member LeZotte for her extra efforts
in serving as a liaison for the City on the Persons with Disabilities
Commission and commended her strong efforts, he stated there was no action
necessary on this item and the report was accepted.
TRANSPORTATION SERVICES
6.2 Report on bids and award of contract for the Smart Intersections Program Communications System 2002 (Phase 1, Package B Project) to the low bidder, Prism Engineering, Inc., in the amount of $707,317 for the base bid, and approval of a contingency in the amount of $70,730. CEQA: Exempt, PP 02-04-092. SNI: Tully/Senter. (Public Works)
(Deferred from 12/17/02 – Item 6.1 and 1/21/03 – Item 6.2)
Documents Filed: None.
Discussion/Action: This item was deferred to February 5, 2003.
6.3 Adoption of a resolution to amend the Master Parking Rate Schedule to revise the Downtown Cinema Validation Program through the following actions:
(a) Add parking facilities that accept Downtown Cinema Validations;
(b) Provide a maximum of three and one-half hours of free parking to patrons of regularly scheduled movies in Cinemas in the Downtown Area; and
(c) Grant the authority to the Director of Transportation to add or delete parking facilities, as appropriate, to the Downtown Cinema Validation Program.
CEQA: Not a Project. Council District 3. (Transportation)
(Deferred from 1/21/03 – Item 6.3)
Documents Filed: Memorandum from Director
of Transportation James R. Helmer, dated December 18, 2002, recommending the
approval of said resolution,
Discussion/Action: Upon motion by Council
Member Chavez, seconded by Council Member Dando, and unanimously carried,
Resolution No. 71398, entitled: “A Resolution of the Council of the City of San
José Adopting a Master Parking Rate Schedule for Municipal On and Off Street
Parking Facilities and for the Downtown Validation Programs, and Repealing
Resolution No. 71283, Effective January 28, 2003”, was adopted. Vote: 11-0-0-0.
ENVIRONMENTAL & UTILITY SERVICES
7.1 Approval of a continuation agreement with Brown and Caldwell for consultant services for engineering and technical support at the San Jose/Santa Clara Water Pollution Control Plant, extending the term of the agreement from January 1, 2003 to December 31, 2004, at no additional cost to the City. CEQA: Not a Project. (Environmental Services)
Documents Filed: None.
Discussion/Action: This item was deferred to February 11, 2003.
PUBLIC SAFETY SERVICES
9.1 Award the purchase of 436 trunk mounted mobile computers with color touch screen display, keyboard and mounting unit, to the lowest responsive bidder, Data911 Mobile Data Systems, for a total cost of $2,390,792.35, including sales tax and authorize the Director of General Services to execute the purchase order. CEQA: Not a Project. (General Services)
Documents Filed: (1) Supplemental
memorandum from Deputy City Manager Jim Holgersson, dated January 23, 2003,
amending the Staff Report, dated January 8, 2003, to revise the funding source
for the project. (2) Memorandum from Director of General Services Jose Obregon,
dated January 8, 2003, recommending award of said purchase, with related
contingency, to the lowest responsive bidder, Data911 Mobile Data Systems, and
authorization of the Director of General Services to execute said purchase
order.
Discussion/Action: Mayor
Gonzales asked, since the original manufacturer no longer provides support for
the equipment purchased in 1997, if the recommended bidder will provide
maintenance for the proposed software and hardware purchase. Cecil Larson,
Department of Communications IT specialist, stated Data911 Mobile Data Systems,
offer a three year maintenance agreement that covers parts and labor and will
supply 15 standby computers to supply replacement parts for the mobile data
computers (MDC), and under the maintenance agreement will replace any damaged
Central Processor Units (CPUs) within seven days.
Mayor
Gonzales asked how would system upgrades to maintain system operation be
handled. Cecil Larson stated the current Panasonic MDCs operating system has
maintained stability with no need for upgrades, once the Windows 2000 operating
system is stabilized for the new MDCs, there will be no need to upgrade. Mayor
Gonzales asked if the recommended bid amount included all needed operation
expenses and if other hardware or software costs will be incurred to accomplish
the installation and operation of the system. Cecil Larson stated the
recommended bid includes MDC costs, display units, keyboards, operating
systems, mountings, and future subsequent purchases such as in-field reports
and computer cads that are compatible with the system and he stated the MDCs
are functional and the installation and operation costs are included in the bid
recommendation, however there will be subsequent purchases of computer applications
that meet specific needs. Mayor Gonzales asked if the recommended bid amount
included all needed operation expenses or if other hardware or software costs
will be incurred to accomplish installation and operation of the system, and
Cecil Larson replied that the recommended bid includes installation and
operation costs and any subsequent costs that may develop.
Council Member Williams asked whether the decision to change from a laptop unit to a dispersal unit could affect reliability and why the MDC would be placed in the truck of the police cars. Cecil Larson stated the change to a dispersal unit is an industry trend and moving from a single unit to a compartmentalized MDC unit, which is comprised of three different units, including the keyboard, provides for easy replacement of a damaged portion of the MDC. He stated the decision to use a trunk-mounted system was due to the lack of vehicle space and using truck space would enable the addition of future components and the ability to initiate the use of compatible equipment to the MDC, and the trunk provides a constant temperature that is beneficial to the system. Council Member Williams asked if the MDC units are lower in costs than laptops currently in use, about the confidence level of Data911’s stability, and if they have had issues with their response time. Cecil Larson replied that the MDC units have a more rugged performance level compared to laptop units, and stated Staff completed a due diligence of Data911 and their company history has shown a track record of more than 15 years selling hardware and software products, their finances were reviewed and Staff was pleased with their findings overall, and was pleased with the response and turnaround time.
Council Member Williams asked if the MDC units have been tested with Police Department vehicles. Cecil Larson stated Staff tested the units in Police vehicles before the bid process was conducted and of five different vendors, three test units failed and Data911 was one of two units that passed. Council Member Gregory asked what would happen to the used laptops and suggested donating the units to local schools and Director Obregon stated Staff will work with the Police Department to dispose of the equipment and take his suggestion of donating to schools under consideration. Council Member LeZotte stated donating the laptops would provide City-wide support for teachers and local schools and suggested contacting Resource Areas For Teachers, which works with Hope Industries to refurbish older computers and provide to schools. William Garbett spoke on the issue.
Mayor
Gonzales stated in consideration of the current budget, all purchases must be
taken carefully into account, that at least 50% of the award purchase will be
funded by Federal and State grants and stressed the need to ensure the City’s
police officers are supplied with the most current information and data.
Council Member Williams stated that since the installation of the new MDC units
is a new system approach, he would like Staff to provide an informational
memorandum to Council on the effectiveness of the system in 6 to 12 months.
Upon motion by Council Member Chavez, seconded by Vice Mayor Dando, and
unanimously carried, the award of said purchase to the lowest responsive
bidder, Data911 Mobile Data Systems, was approved and the Director of General
Services authorized to execute the purchase orders. Vote: 11-0-0-0.
Open Forum
James Zuur spoke on Item 7.1 of the Redevelopment Agency Agenda
regarding the Camera Cinemas, and William Garbett spoke about the City’s
revolving loan funds.
Adjournment
The Council of the City of San José was adjourned at 2:40 P.M.
RON GONZALES, MAYOR
ATTEST:
PATRICIA L. O’HEARN, CITY CLERK