M06-07-101
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
JUNE 7, 2010
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, June 7, 2010 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
MEETING CALLED TO ORDER
ROLL CALL
Present: Mayor Diane McNutt, Vice Mayor Joe Pirzynski,
Council Member Steve Rice, Council Member Barbara Spector,
Council Member Mike Wasserman
Absent: None.
PLEDGE OF ALLEGIANCE
Sam Ball, Hillbrook School led the Pledge of Allegiance. The audience
was invited to participate.
PRESENTATIONS
2010 Youth Friendly Businesses
Chief Scott Seaman, Members of the Youth Commission, and Diane
Anderson, Chamber of Commerce, presented J.J. Maggoo’s with a
commendation as the Youth Friendly Business of the Year.
Mr. Robinson, Chair of the Youth Commission commented on the Youth
Friendly Business program which was started by the Youth Commission
and thanked the Chamber of Commerce and the community for their
support.
Ms. Anderson thanked the Youth Commissioners and the community for
their support.
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Presentations – Continued
Outgoing Student Commissioners
Mayor Diane McNutt thanked Paul Glenn, Alissa Miller, and Andrew
Young for their volunteer time on the Town’s Youth Commission and
Community Services Commission.
Chief Scott Seaman presented commendations to the outgoing student
Commissioners and thanked them for their volunteer time to the Town.
Mayor Diane McNutt recognized the incoming Student Commissioners
and welcomed them to the organization.
CLOSED SESSION REPORT
There was no Closed Session scheduled for this meeting.
TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There was no Council Matters for this meeting.
Manager Matters
Mr. Larson
Commented that the Town has sold the Redevelopment Agency
Certificates of Participation at a very favorable interest rate.
Commented that June 8, 2010 is Election Day and Santa Clara County
residents may turn in there "Vote by Mail" ballots at the Clerk Department
until 5:00 p.m. that day.
Commented that Friday, June 11, 2010 is the deadline to submit
applications for the Town’s Boards, Commissions, and Committees.
Applications and information is available on the Town’s website.
Commented that this Saturday kicks off the restoration of the Town’s and
Chamber’s Second Saturday program.
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Did You Know…?
Heidi long, Youth Librarian
Commented on the Town’s Summer Reading program sponsored by the
Los Gatos Library.
Commented that more information can be found at the Library or on -line at
www.losgatosca.gov.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Appoint members and alternates to the Los Gatos Youth Commission,
Community Services Commission, and Parks Commission as
recommended by the Ad Hoc Council Sub-Committee.
2. Delegate authority for appointment of the Southwest County agencies
board member to the Silicon Valley Regional Interoperability Authority
(SVRIA).
3. Accept staff report on revised Town of Los Gatos Emergency
Operations Plan (EOP).
4. Adopt resolution establishing the Fiscal Year 2010/2011 GANN
Appropriations limit for the Town of Los Gatos.
RESOLUTION 2010-062
5. Adopt resolution requesting that the County of Santa Clara Board of
Supervisors consolidate a General Municipal Election to be
held November 2, 2010 with the State-wide General Election to be held
on that date pursuant to Section 10403 of the Elections Code and
authorizing other related actions. RESOLUTION 2010-061
6. Adopt a resolution authorizing the transfer of Community
Development Block Grant (CDBG) Funds and related budget
adjustments. RESOLUTION 2010-063
7. PPW Job No. A10-001 - Traffic Engineering Consultant Services
Adopt resolution authorizing the Town Manager to execute an
amendment to the professional consultant services agreement with
TJKM Transportation Consultants for one more year to perform traffic
engineering consultant services in the Town of Los Gatos on an on-
call basis. RESOLUTION 2010-064
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Consent Items # 1-15 – Continued
8. PPW Job No. A10-002 - Signal And Street Light Maintenance Adopt
resolution authorizing the Town Manager to execute an amendment to
the professional consultant services agreement with Republic
Intelligent Transportation Services for one more year to provide signal
and street light maintenance services in the Town of Los Gatos.
RESOLUTION 2010-065
9. PPW Job No. A10-003 Geology and Geotechnical Peer Review
Consultant Services Adopt resolution authorizing the Town Manager
to execute professional consultant services agreement with
Geomatrix Consultants, Inc. for a two year period to perform geology
and geotechnical peer review for private development projects.
RESOLUTION 2010-066
10. Adopt resolution authorizing staff to file an application for Federal
Surface Transportation (STP) Program Funding for Local Streets and
Roads (LSR) rehabilitation and reconstruction Grant for FY 2010/11.
RESOLUTION 2010-067
11. Adopt ordinance adding a new chapter to the Los Gatos Town Code
entitled "Neighborhood Preservation". ORDINANCE 2191
TOWN COUNCIL/REDEVELOPMENT AGENCY
12. Consider amending Town Council Meeting Schedule for 2010- 2011
Fiscal Year.
13. Approve Council/Agency minutes of May 17, 2010.
14. Adopt resolutions approving the Town and Redevelopment Agency’s
Fiscal Year 2010/11 Operating Budget, Capital Improvement Program
for Fiscal Years 2010/11-2014/15, Carry-Forward appropriations, and
other approved adjustments and minor corrections.
RESOLUTION 2010-068
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Consent Items #1-15 – Continued
15. PPW Job No. 09-06 - Los Gatos Library Project 411-821-2501 Adopt a
resolution approving a utility easement on Villa Avenue and
authorizing the Town Manager to execute a grant of easement with
Pacific Gas & Electric Company. RESOLUTION 2010-069
MOTION: Motion by Council Member Steve Rice to approve Consent
Items #1-15.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Ms. Cockran
Expressed concerns about changing the traffic pattern on Pageant Way.
Expressed concerns about safety and about a single egress.
Commented that College Avenue and Pageant Way are already being
used by large trucks as loading zones for the establishments in that area.
Mr. Cockran
Expressed concerns about changing the traffic pattern on Pageant Way.
Questioned the definition of temporary and the timeframe for temporary
changes to the street.
Questioned if the change to Pageant Way would be for more than 3 years.
Expressed concerns that there has been a lack of communication and
notification to the residents.
Mr. Worsencroft
Expressed concerns about the change in the traffic pattern and safety
issues if the street was to be changed to a one way street with only one
egress.
Commented for the record that she does not support the change.
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Verbal Communications – Continued
Mr. McElroy
Expressed concerns about the signage and stated that there are really two
streets that would be affected.
Expressed concerns about fire and safety if there was only one egress.
Expressed concerns about the notification process to change Pageant
Way.
Commented that the residents were promised a report from the Fire Chief,
but have not received any report.
Suggested that the decision be postponed until further information has
been studied and presented to the residents.
Mr. Bonner
Expressed concerns about changing Pageant Way to a one way street.
Commented that there were previous discussions when the Soda Works
went before the Planning Commission. At that time it was determined that
a one way street way would not work.
Suggested that Council hold off on any decisions until fur ther studies have
been conducted.
Ms. Young
Expressed concerns about the safety issues if there was only one egress.
Suggested that the Town do a study on traffic use along College Avenue.
Mr. Larson
Clarified that there was signage on both College Avenue and Pageant
Way notifying residents of the process and notice cards were sent out
through the Town’s standard notification system for land use planning.
Clarified that the temporary change in the direction of traffic is strictly
limited to the construction of the new library and that project completion is
slated for early 2012.
Clarified that the Santa Clara County Fire Department is supportive of the
change and has given a green light from the public safety point of view,
but that they would like to take a look at the parking spaces proposed for
the corner of Pageant Way and Villa Avenue to determine if their trucks
could make a turn quickly at that location.
Commented that traffic studies were done during peak hours of traffic
along Pageant Way and Villa Avenue and that the Town’s Traffic Engineer
thought there would not be significant traffic impacts at the College
Avenue and Main Street intersection.
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Verbal Communications - Continued
Mr. Larson – Continued
Commented that the majority of police vehicles have been moved to the
new Police Operations Building which eliminates the constant recycling of
police patrol vehicles out of the Civic Center.
Clarified that if there were an emergency, the street would be used for
both egress and ingress with traffic control officers directing traffic at the
location.
Commented that the Town is looking into other parking availability in the
Olive Zone and surrounding areas.
Commented that they have secured employee parking at the Church of
Christ Scientist on Main Street.
Commented that staff believes that this approach is the safest approach to
deal with the traffic flow and parking demands associated with the
construction of the new Library.
Council Comments
Questioned the time impacts for the project and if agendizing the Pageant
Way egress discussion to a later time would delay construction.
Questioned if staff could address the neighborhood concerns and
suggested that the issue be agendized on an August, 2010 Council
meeting for further discussion.
Mr. Larson
Clarified that under the Brown Act, if two Council Members request
consideration of an item for discussion, then staff will schedule the item for
a future Council meeting.
Commented that staff could agendize the item for the June 21, 2010 Town
Council meeting.
Council Comments
Expressed concerns that agendizing the issue to June 21, 2010 would not
allow enough time and suggested that agendizing discussion on an
August, 2010 meeting would be more desirable and would allow for more
information to be presented for discussion.
Direction was given to agendize the issue on a future Council meeting
agenda.
Closed Verbal Communications
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TOWN COUNCIL
OTHER BUSINESS
16. PPW Job No. 09-06 - Los Gatos Library Project 411-821-2501.
a. Adopt a resolution declaring Bogard Construction Company to be the
lowest responsible bidder on the project and award a construction
contract in an amount not to exceed $11,642,976.
RESOLUTION 2010-071
b. Authorize staff to execute future change orders to the construction
contract as necessary in an amount not to exceed $2,000,000.
Staff report made by Todd Capurso, Director of Parks and Public Works.
Council Comments
Questioned why the recommendation for the change order is at a higher
percentage than the Police Operations Building project contingency
percentage.
Questioned if the add-alternatives for the project are included in the
awarded amount and not a part of the contingency.
Questioned if Council could approve the award of the contract if
the contingency amount was reduced.
Mr. Capurso
Clarified that the contingency amounts are based on percentages in the
industry, which are typically around 15%.
Clarified that by rounding up the percentage number to 17%, it allows
additional flexibility over the construction period.
Clarified that the expectation is not that we are going to have to expend a
large portion of the money, but it basically gives coverage over the term of
the project.
Clarified that the add-alternatives are included in the amount that was
awarded for the contract.
Clarified that the award of the contract can be approved if an alternate
amount is recommended for the contingency.
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Other Business Item #16 – Continued
Mr. Larson
Commented that we have learned with the Police Operations Building and
other projects that having the contingency doesn’t mean it is spent, and
that the construction management oversight will ensure that any use of
contingency is justified and warranted.
Open Public Comments
Mr. Tom
Suggested that the bid for Bogard Construction be rejected due to the fa ct
that the bid does not contain the proper "non-collusion affidavit" required
under the Public Contract Code.
Commented that the bid does not meet the requirements that the
specifications require because the "non-collusion affidavit" was not duly
sworn in and therefore makes the bid non-responsive.
Mr. Zovich
Requested that Council reject the bid.
Mr. Bogard
Commented that their bid was responsive and the documentation that was
included was filled out as required by the plans and specifications.
Closed Public Comments
Council Discussions
Questioned if the affidavit is referenced in the contract before Council.
Questioned if the non-collusion was signed as part of the bid.
Mr. Martello
Clarified that if the roles where reversed and Zovich Construction had the
lowest responsive bid and had missed this step, then Council and staff
would be recommending Zovich Construction. The Town is not picking
one over the other, but picking the lowest responsive bidder.
Commented that staff is not asking Council to waive the non-collusion
affidavit or saying that it is inconsequential.
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Other Business Item #16 – Continued
Mr. Martello
Commented that although Mr. Tom makes the point in his protest letter
that Bogard Construction failed to follow the instruct ions, the one thing
clear in this code section is that there are no clear instructions about
signing the affidavit.
Commented that Mr. Bogard signed the non-collusion believing that he
was signing under penalty of perjury and that is important.
Commented that there is no instructions that say if the affidavit is not
signed then it must be thrown out, but what the Courts have done is
provide the following guidance:
When evaluating the types of defects that can be accepted, the
courts have said that a bid may be responsive even if there is a
discrepancy in the bid as long as the discrepancy is
inconsequential.
The discrepancy must not affect the amount of the bid, give a
bidder an advantage over other bidders, be a potential vehicle
for favoritism, does not influence other bidders to refrain from
bidding, and does not affect the ability to make bid comparisons.
Commented that the contract before Council has a provision for a sworn
affidavit as does the Resolution.
MOTION: Motion by Vice Mayor Joe Pirzynski to adopt a resolution
declaring Bogard Construction Company to be the lowest
responsible bidder on the project and award a construction
contract in an amount not to exceed $11,642,976, to include
a sworn affidavit for the non-collusion, that the objections
raised are of consequence, and that defects can be
accepted as long as those defects are inconsequential and
the five issues of inconsequential are:
1) It must not affect the amount of the bid.
2) It must not give bidder an advantage of any other
bidders.
3) It is not a potential vehicle for favoritism.
4) Does not influence potential bidders to refrain from
bidding.
5) Does not affect the ability to make bid
comparisons.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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Other Business Item #16 – Continued
Council Discussions
Regarding Part B of Item #17, assuming that $2,000,000 is the high
side, is there a range that is more in keeping with the Town’s standard.
Mr. Larson
Clarified that he would suggest to the Council for consideration would be
roughly the 13% contingency which would allow $1.5 million.
MOTION: Motion by Council Member Steve Rice to authorize staff to
execute future change orders to the construction contract as
necessary in an amount not to exceed $1,500,000.
Seconded by Vice Mayor Joe Pirzynski.
VOTE: Motion passed unanimously.
17. Approval of Guiding Principles for the Development of the Los Gatos
Creekside Sports Park.
Staff report made by Todd Capurso, Director of Parks and Public Works.
Open Public Comments
Mr. San Juan
Thanked the Town and Council for approving the project.
Suggested that lights would be a nice enhancement to add to th e
development plan for the project.
Mr. Jensen
Expressed concerns about pedestrian and bicycle safety when accessing
the park.
Urged staff and Council to look into the need for pedestrian and bicycle
access to the park especially for the neighborhoods entering from the
north.
Commented that there is a potential for State and Federal matching
money for pedestrian and bicycle improvements.
Mr. Reichwein
Suggested that the Town add a skate park to the guiding principles for the
new park.
Commented that rollerblading and skating is a growing sport and that
everyone could use the skate park at the proposed complex.
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Other Business Item #17 – Continued
Closed Public Comments
Council Discussions
Expressed concerns about bicycle access to the park and if there are
plans to add access for pedestrians and bicyclist.
Commented that the sub-committee came up with the Guiding Principles
as a template to use as the Town begins to involve the community and the
public in thinking about the future of the Los Gatos Creek Sports Park.
Commented that these Guiding Principles are not a specific action plan
and there are no specific recommendations such as access for
pedestrians, vehicles, or bicycles at this time. These issues would need to
be studied and all points of entry would need to be planned.
Commented that partnerships will need to be defined and the Guiding
Principles will be used in guiding the process.
Commented that Item #6 of the Guiding Principles addresses all access
issues for the development of the park.
MOTION: Motion by Council Member Steve Rice to approve
the Guiding Principles for the Development of the Los Gatos
Creekside Sports Park.
Seconded by Council Member Mike Wasserman.
VOTE: Motion passed unanimously.
18. State of the Town Address.
Mayor Diane McNutt
Delivered the State of the Town Address.
Commented on the core values of community character, good
governance, fiscal stability, quality public infrastructure, civic engagement,
and public safety and the strategic goals to achieve in the next two years.
ADJOURNMENT
Attest:
Jackie D. Rose, Clerk Administrator