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Tomorrow's Library Charade- The Questions...

First a primer- if you haven’t read this thread it is well worth reading- an actual 31 posts (so far) and the dialogue is respectful and polite- and actually useful to the overall discussion about the library!! Web Link

Now for this thread- which is a detailed list of the very minimum questions that should be asked by members of the Council at tomorrow night’s meeting. I’ve tried to keep the list as concise as possible- while still exploring the detailed questions and answers that the public deserves before approving and going ahead with this project.

Please feel free to add your own questions as you see fit. I’m going to formally address these questions to the Council, and will work to have them read into the record at tomorrow’s meeting. Hopefully one or another of our elected representatives will consider these to be worth following up on.

For Noll and Tam/ and or Project Manager Mark Schatz

1. Please describe your anticipated process for CEQA. You only have 16 weeks budgeted, which seems extremely short and doesn’t take into account any potential difficulties along the way.

2. Are you anticipating that this project will be a mitigated neg dec??

3. What is your plan if someone in the community challenges the process??

4. Can you please address the novel approach of beginning CEQA before even the preliminary schematics for the library are finished?? Have you ever seen this done before, and if so was it successful??

5. Why did you open the sealed fee proposals/bids before the interview meeting, and why did you allow two bidders to submit amended bids??

6. Was Noll and Tam allowed to submit a revised fee proposal before the interview meeting??

7. Did Noll and Tam submit a revised fee proposal prior to the interview meeting??

8. Who directed you to compress the development of this project into such a narrow window- with everything, including bidding and contracting for construction, done by November 1 of next year?? What were the reasons given, and what is your anticipation that the project will actually be able to keep to that schedule??

9. What is your confidence level that your proposed schedule is actually attainable??

10. Are you willing to assume any liabilities financially for any process which takes longer to complete due to an overly aggressive initial project plan??

11. Did you have a kickoff meeting on July 29th of this year?? If the answer is yes then why do you show it happening three weeks in the future, and why did you have such a meeting given that you have not actually signed a contract or been hired yet??

12. Has the project team been meeting on Wednesdays (or any other day) on a weekly basis since the beginning of August?? If so on whose authorization was this series of meetings initiated??

13. Your conceptual working design is for a 25,000 square foot library. What metric are you basing that size requirement on?? (If the answer is the population then please clarify where the population figures are coming from as there appear to be only 23,000 people in the service area…)

Questions for Staff:

1. Why have you worked with Noll and Tam to alter the project from a design/bid/build- like was originally proposed by the architect, moving it instead to a CM at Risk project- with no competitive bidding??

2. Are you planning to split the bid on this project so that demolition can begin in early summer of 2016?? If not then why do emails from the PM indicate explicitly that this is what the City wants N&T to do??

3. Under whose authority did you hold a kickoff meeting with the architect and City Staff, as well as subsequent weekly meetings- prior to the Council approving the architect?? Who exactly has attended those meetings, how many have there been, and what actions have been taken as a result??

4. Are you planning to use CM at Risk instead of putting the entire construction project out for bid??

5. Are you familiar with the risks inherent with CM at Risk, and the fact that it generally isn’t legal under California law??

6. Have you reviewed the City’s procurement policies- especially for the fact that CM at Risk is proscribed by them?? If so how do you explain your instruction to Noll and Tam to work to make the project CM at Risk- given that this would not be legal for HMB to do??

7. Have you done anything to address the fact that the City and County are using the figure of 29,000+ people living in the library service area, when numerous citizens have done detailed research showing that the number is closer to 23,000?? Can you provide any evidence to support your assertion that the new building will serve 29,000 people??

8. Why weren’t any opponents or opposition members asked to be on the selection committee??

9. Have the Phase 2 proposals been provided to some citizens, while being denied to others?? If so why did this happen??

10. Why didn’t you include in the Agenda the legal challenge under the Brown Act that was made last month- and which may force the City to reset the entire program??

11. Don’t you have a legal obligation to inform the Council (and the community) of any legal peril which the proposed decision might place the City in?? (Even if the City Attorney considers that risk to be very low…)


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