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Staff Report - Veterans Memorial Final PREPARED BY: SEAN MULLIN, AICP Associate Planner Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/05/2017 ITEM NO: 16 DATE: NOVEMBER 30, 2017 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ARCHITECTURE AND SITE APPLICATION S-17-033. PROJECT LOCATION: 110 E. MAIN STREET. APPLICANT: PATRICK FLANDERS. PROPERTY OWNER: TOWN OF LOS GATOS. CONSIDER A REQUEST FOR APPROVAL TO CONSTRUCT A NEW VETERANS MEMORIAL ON PROPERTY ZONED C-1:PD. APN 529-34-108. RECOMMENDATION: Staff recommends that the Town Council consider the application submitted by the Veterans Memorial and Support Foundation of Los Gatos, receive public testimony, discuss the proposal, and provide direction on the design elements of the proposed Veterans Memorial at the Los Gatos Civic Center. Alternatively, the Council may choose to act on the proposal as discussed in the Alternatives section of this report. EXECUTIVE SUMMARY: The Veterans Memorial and Support Foundation of Los Gatos (VFLG) has submitted an Architecture and Site application requesting approval of a Veterans Memorial to be located in the redwood grove area of the Civic Center lawn, a location previously approved by the Town Council. The Memorial would include a focal point sculpture, the Flame of Liberty, selected by the Council following an extensive review process. Additional components include a First Responders Memorial, walls, pathways, a fountain, benches, boulders, and lighting. The proposal includes a request to relocate the existing Barati Sculpture to an adjacent area within the redwood grove and to relocate an historic fire bell from its location at the historic firehouse on Tait Avenue. A full discussion and analysis is provided in this report, along with suggested discussion points. PAGE 2 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM BACKGROUND: In November 2014, the Town Council held a public hearing to consider a request from the VFLG for approval to build a Veterans Memorial to be located on the upper deck of the Civic Center/Town Hall. As part of the Council deliberation, the Council identified several possible locations within the Civic Center where the Memorial could potentially be located. The Council also directed the Arts and Culture Commission (ACC) to review the Memorial, conside r the proposed design elements and features, evaluate other possible locations utilizing the Public Art Selection Policy, and report back to the Council in January 2015 with recommendations on the design and placement of the Veterans Memorial. On January 20, 2015, the Town Council accepted a recommendation from the Arts and Culture Commission regarding the placement of a Veterans Memorial at the Civic Center (Attachments 5 and 6). At the same meeting, Council asked the VFLG to move forward with developing conceptual design proposals for a Veterans Memorial that included a trellis with a focal point on the Civic Center plaza or a design proposal for the redwood grove that included statuary. In August 2015, the Town Council approved the conceptual placeme nt of a Memorial in the general location of the ivy/redwood grove located in the southwest corner of the Civic Center lawn fronting E. Main Street and immediately adjacent to Pageant Way (Attachments 7 and 8). The design concepts returned to the Town Council and the Flame of Liberty design was selected at the June 21, 2016 Council meeting (Attachments 9 and 10). The Council authorized the Town Manager to execute a Memorandum of Agreement (MOA) with the VFLG at the September 20, 2016 Town Council meeting (Attachments 11 and 12). The MOA includes the Town Council’s requirement to review the Memorial project under the Town’s Architecture and Site application process with the application proceeding directly to the Council as the deciding body. The VFLG filed an Architecture and Site application on July 25, 2017. Staff deemed this application complete, from a technical standpoint, on November 8, 2017. The purpose of the Veterans Memorial as envisioned by the VFLG is to honor and recognize the courage, loyalty, dedication, commitment, and sacrifice of those who have served to defend America’s freedom, and to offer a site of contemplation for reflection and reme mbrance. The VFLG is a nonprofit 501 (c)(3) foundation dedicated to honoring and supporting both U.S. military veterans, the men and women of the Army, Navy, Air Force, Marines, and Coast Guard, and their families. PROJECT DESCRIPTION: The applicant has submitted plans showing the proposed Veterans Memorial installation in the redwood grove area in the southwest portion of the Civic Center lawn. The Memorial has been designed by professional artist Frank Morris and architect Patrick Flanders. The Memorial PAGE 3 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM PROJECT DESCRIPTION (cont’d): would include a number of components situated amongst the trees of the redwood grove, centering around the Flame of Liberty sculpture. A brief description of the project components is provided below: 1. Sculpture and Fountain The Town Council selected the Flame of Liberty concept at the June 21, 2016 Council meeting (Attachments 9 and 10). The centerpiece of the proposed Veterans Memorial would be a four-foot wide sculpture standing approximately 13 feet tall, made up of a thin steel wire frame filled with amber colored antiqued stained glass (Attachment 2, Exhibit B, Sheet A3). The sculpture would be protected by a clear polycarbonate outer layer sheltering the sculpture from damage. A four-foot tall soldier’s cross sculpture would be located within the flame sculpture. The entire sculpture would sit within a shallow four- foot diameter fountain, which would spill over into shallow troughs surrounding the sculpture. The sculpture would be lighted from within, directing the light upward (discussed below). 2. Walls The Memorial would include a number of concrete walls, all utilizing a similar form with a vertical face on the rear and a tapered face on the front (Attachment 2, Exhibit B, Sheets A1 and A2).  Wall #1 – The serpentine wall would stretch 83 feet across the site from the edge of the sidewalk at Pageant Way to the sculpture area. This curvilinear wall would have an initial height of two feet, six-inches, increasing in height along its length to a maximum height of eight feet (west to east) nearest the sculpture. This wall would be clad with a tile veneer etched with names of the honored. The eastern end of the wall would include six plaques measuring 30- by 40-inches, each recognizing a branch of the military (Air Force, Army, Coast Guard, Merchant Marines, Marines, and Navy).  Wall #2 – The 28-foot long curved wall would begin near the terminus of Wall #1. Its initial height would be six feet, nine-inches, increasing in height along its length to a maximum height of eleven feet, two-inches (west to east). The north side of the wall would be finished with a thin stacked-stone veneer oriented vertically. The south side of the wall would include donor acknowledgements and bas reliefs available to donors for sponsorship.  Wall #3 – The 20-foot long curving wall would parallel Wall #2, separated by four feet, three-inches, increasing along its length from seven feet, ten-inches to twelve feet, four- inches (west to east). The wall would be finished with a thin stacked-stone veneer oriented vertically. PAGE 4 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM PROJECT DESCRIPTION (cont’d):  Wall #4 – The ten-foot long curved wall would be located east of the sculpture area, forming a backdrop for the proposed First Responders Memorial (discussed below). The wall would increase in height along its length from seven feet to nine feet (west to east). The wall would be finished with a thin stacked -stone veneer oriented vertically.  Walls #5 & 6 – A pair of three-foot tall, curved walls would be located at the western edge of the Memorial, adjacent to the sidewalk running along Pageant Way. The walls would be five feet and eight feet long, and finished with a thin stacked -stone veneer oriented vertically. Tile veneer plaques, measuring four by eight-inches, would be embedded on the southern face of the walls, etched with names and images honoring Los Gatos residents who lost their lives on September 11, 2001.  Seat and Fountain Walls – A semi-circular seat wall would be located north of the proposed sculpture. This wall would provide a seating area for visitors to the Memorial. The wall would be approximately two feet, six-inches tall and include large lettering applied to the north side of the wall titling the Memorial “Veterans Memorial of Los Gatos.” A circular wall surrounding the proposed sculpture would be four feet tall. Both walls would be finished with a thin stacked-stone veneer oriented vertically. 3. First Responders Memorial and Historic Fire Bell The applicant proposes to relocate the historic fire bell currently located adjacent to the historic former firehouse at 4 Tait Avenue, former site of the Art Museum of Los Gatos. The applicant requests that the bell be relocated to the eastern end of the proposed Veterans Memorial, adjacent to Wall #4, to become part of the First Responders Memorial. The bell would be suspended from a dark steel frame accompanied by a plaque, located at its base, paying tribute to first responders (Attachment 2, Exhibit B, Sheet A1). 4. Directory, Benches, and Boulders A proposed informational directory would be located adjacent to the western entrance to the Memorial (Attachment 2, Exhibit B, Sheet SP1). Additionally, several stone benches and boulders are proposed throughout the Memorial site (Attachment 2, Exhibit B, Sheet A5). Both the benches and boulders would be available to donors for sponsorship and could include etched language and symbols honoring veterans. The exact number and locations of the benches and boulders is not known at this time and depends on the number purchased through donations. 5. Lighting The applicant proposes to install lighting at the Memorial site to welcome visitors to the Memorial at night and to highlight features of the Memorial (Attachment 2, Exhibit B, PAGE 5 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM PROJECT DESCRIPTION (cont’d): Sheet E1). Pathway lights, directed downward, would be located along Walls #2 and 3, illuminating the adjacent pathways. A recessed rope light would be installed along the interior of the seat wall to light the adjacent walkway. Recessed niche lighting would be installed in Wall #1 to illuminate the six plaques discussed above. Lighting along Walls #1, 5, and 6 would be ground-mounted and directed upward to wash the adjacent walls. Lastly, the fountain/sculpture area would include horizontally-directed lighting and an LED ring light within the fountain to illuminate the Flame of Liberty from the interior. 6. Pathways and Landscaping Site circulation and access to the Memorial area would be accommodated via several new pathways extending from existing walkways and sidewalks (Attachment 2, Exhibit B, Sheet SP1). All new pathways would be paved with stone pavers of various sizes ranging from six by six-inches to nine- by twelve-inches. The pavers would have a textured surface finished with a tan/gold stain. Pavers would be available to donors for sponsorship and could include etched language and symbols honoring veterans. Access from the east would be from the existing concrete path adjacent to the redwood grove. This path would extend to the sculpture area and continue to the parking lot south of the project site. An additional path would provide access from the northwest side of the existing curved walkway that extends to E. Main Street. The new path would meander through the lawn area, providing an approach from the north side of the project site. Another new pathway would provide access from the west side of the site, connecting to the sidewalk along Pageant Way. Pathways extending from Pageant Way would provide circulation along the edges of the Memorial site. An area of decomposed granite is proposed under the redwood trees west of the sculpture framed by the proposed pathways. The applicant proposes landscape plantings throu ghout the Memorial site (Attachment 2, Exhibit B, Sheet L1). The majority of the plantings would be between 18 and 36-inches tall, located along the edges of pathways and walls. 18 new cherry laurel trees would be located on the south side of the serpentine wall (#1), between the wall and the parking lot , with approximate heights of ten feet. DISCUSSION: A. Review by the Town’s Consulting Architect The proposed project was reviewed by the Town’s Consulting Architect as requested by the Town Council. The Consulting Architect’s report discusses a number of issues related to the overall design of the Memorial and its components (Attachment 13). The report also includes several recommendations and alternatives regarding the components of the PAGE 6 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM DISCUSSION (cont’d): proposed Memorial. The Consulting Architect will be in attendance at the Council meeting on December 5th should the Town Council have specific questions for him. The applicant has provided a response addressing the issues of the Town’s Consulting Architect (Attachment 14). Staff recommends that the Council discuss and provide direction regarding these issues in light of these two documents as well as the criteria from the Town’s Public Art Selection Policy and Procedure, discussed in more detail in this report. B. Review by the Town’s Consulting Arborist The Town’s Consulting Arborist prepared an Arborist Report as required by the Town Council (Attachment 15). The report provides a health evaluation of ten protected trees in the vicinity of the project and identifies impacts the trees may experience from the project. The Consulting Arborist includes a number of recommendations for project modifications and tree protection to minimize impacts to the adjacent protected trees. The applicant has provided a response from its arborist that includes general agreement with the Consulting Arborist’s analysis and recommendations (Attachment 16). The health evaluation included in the Consulting Arborist’s report shows that nine of the ten trees are in good to fair health. The report lists one tree, a 58-inch diameter giant sequoia (Tree #26) in poor condition with a fungal infection that is not treatable. The Consulting Arborist recommends removal of this tree, giving it a lifespan of five to ten years. The applicant is not proposing to remove this tree. Staff recommends that the Council discuss the health of this tree and decide on the potential removal as part of the project or as part of the Town’s maintenance of its property. C. Public Art Selection Policy and Procedure The Town’s Public Art Selection Policy and Procedure includes several criteria and conditions used for determining the acceptability of public art work (Attachment 17). To assist the Council in determining whether the project adheres to these criteria, a discussion of the project in the context of these criteria follows: 1. Aesthetics: It shall be deemed to be an art work of lasting aesthetic value. The proposed project was reviewed by the Town’s Consulting Architect as required by the Town Council. The Consulting Architect identified his credentials as an artist and as a former member of the San Francisco Arts Commission. He lists a number of issues PAGE 7 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM DISCUSSION (cont’d): related to the design of the Memorial and he suggests several recommendations and alternatives (Attachment 13). The applicant has provided a response addressing the issues and concerns of the Town’s Consulting Architect (Attachment 14). The Council will need to decide if the proposed project is an art work of lasting aesthetic value. 2. Quality: There is inherent quality in the art work itself (i.e. art work shall not necessarily be accepted based on the artist’s overall reputation). The Memorial has been designed by professional artist Frank Morris and architect Patrick Flanders. The Town Council will need to decide on the inherent quality of the proposed project. 3. Style: An art work shall be compatible in scale, materials, form, and content with its surroundings. The proposed Memorial includes walls ranging from two feet, six-inches to twelve feet, four-inches tall and a focal point sculpture at 13 feet tall. The Town’s Consulting Architect has raised some concern with the height of the walls and their relationship to their surroundings (Attachment 13), to which the applicant has provided a response (Attachment 14). Staff recommends that the Council provide specific direction regarding the scale and form of the project elements to address compatibility with surroundings. Many finishes and tones of the proposed materials (concrete, red/brown tiles, stone, glass) can be found on adjacent buildings and are likely compatible with their surroundings. 4. Permanence: Due consideration shall be given to structural/surface soundness, resistance to theft, vandalism, weathering, and excessive maintenance repair costs. The MOA approved by the Council and executed by the Town Manager and the VFLG addresses this criterion (Attachment 12). 5. Public Liability: Each art work shall be examined and approved for safety conditions and factors which may bear upon public liability. Staff has concerns that the proposed walls and their heights that gradually increase from two feet, six-inches to over twelve feet, present a climbing and falling hazard. The applicant responded to this concern by introducing a 45 -degree bevel to the top of the walls to discourage climbing or walking on the walls. Although any agreement with the VFLG will include indemnification and hold-harmless clauses, the Council should provide any direction necessary for the design to mitigate any potential safety issues PAGE 8 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM DISCUSSION (cont’d): that may still expose the Town to a liability risk. 6. Diversity: The overall Public Art Program shall consider diversity in style, scale, and media. Staff has no concerns with the diversity of style, scale, and media of the proposed Memorial relative to other public art installations in the Town. The Council will need to decide if the proposed project is appropriate in terms of its diversity relative to other public art installations in the Town 7. Technical Feasibility: (For purchases or commissions) Each art work shall be examined for convincing evidence of the artist’s ability to successfully complete the art work as proposed. This proposed Memorial was designed by a professional artist; licensed architect; and licensed civil and structural engineers. The background and licensing of these professionals should ensure that the proposed project can be completed successfully. 8. Duplication: To assure that the art work will not be duplicated, the artist shall be asked to warrant that the art work is unique and an edition of one, unless stated to the contrary in the contract. (Multiples shall be considered for selection at the discretion of the Commission.) The MOA approved by the Council and executed by the Town Manager and the VFLG does not address this criterion (Attachment 12). Staff recommends that the Council decide whether it is necessary to enter into such an agreement with the applicant or artist. 9. Placement: Prior to placement of an art work, the following factors shall be considered: a. Visibility: The proposed Memorial would be visible from both adjacent streets (E. Main Street and Pageant Way). The long walls adjacent to the parking lot in the southwest portion of the property would screen the parking lot from view from E. Main Street. The tall walls would obstruct the view of the Town Hall building from E. Main Street, specifically the deck area on the north side of the building, adjacent to New Museum Los Gatos (NUMU). The tall walls would also impede the visibility of the NUMU sign on the Town Hall building, which was approved by the Council on PAGE 9 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM DISCUSSION (cont’d): September 20, 2016 (Attachments 18 and 19). Council’s sign approval included an option to move the sign if it conflicts with the proposed Veterans Memorial without the need for further Council review. Staff recommends that the Council provide direction on the appropriate level of visibility for the Memorial in the context of the site and impacts to the Town Hall building. b. Lighting: Details of the proposed lighting are included on page four of this report. Town Code Section 29.10.09015 requires that all outdoor lighting be shielded, directed to shine on improvements including plants, and not directly on other property or any public right-of-way. Typically, most building projects (residential and commercial) include a condition of approval that all exterior lighting be downward directed. Staff recognizes the uniqueness of this proposal and recommends that the Council provide direction on the proposed lighting in the context of the Town Code requirements and typical conditions for all exterior lighting. c. Public Safety: As previously discussed under Public Liability, staff has concerns that the proposed walls present a climbing and falling hazard. The applicant responded to this concern by introducing a 45-degree bevel to the top of the walls to discourage climbing or walking on the walls. Although any agreement with the VFLG will include indemnification and hold-harmless clauses, the Council should provide any direction necessary for the design to mitigate any potential safety issues that may still expose the Town to a liability risk d. Traffic Patterns: interior, exterior, foot, and auto : The proposed Memorial would have pedestrian access from the streets, Civic Center area, and nearby parking locations. The Memorial is not anticipated to impact existing traffic patterns. e. Location: Relationship to existing art work, architecture, and natural features in the proposed vicinity. Relationship to existing art work: The proposed location of Wall #4, the fire bell, and plaque honoring first responders conflicts with the existing location of the Barati Sculpture. The Town accepted the Barati Sculpture as a gift in 1998 (Attachment 20). The applicant requests relocation of the Barati Sculpture to an PAGE 10 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM DISCUSSION (cont’d): area east of the Memorial, within the redwood grove. Staff recommends that the Council decide if it agrees with the proposed relocation of the Barati Sculpture. The proposed Memorial would also be located adjacent to the Kuksht Sculpture, installed in 2002 on loan from the artist (Attachment 21). The proposed Memorial would not conflict with the existing art piece, but would be located approximately 25 feet from the nearest proposed feature (Wall #6). Staff recommends that the Council provide direction regarding the proximity of the wall relative to the Kuksht Sculpture. While not art work per se, there is also a bench with a commemorative plaque that would need to be relocated with the current Memorial design. The bench could be relocated to many potential locations along the existing Civic Center pathways. In the absence of a standard procedure for relocating a dedicated bench, the Council should provide direction regarding the proposed bench relocation. For example, the Council could direct that the proposed Memorial should not cause the relocation of existing sculpture, benches, or other Civic Center features. Relationship to existing architecture: The proposed Memorial would be located adjacent to the Town Hall building and would include materials and finishes compatible with the existing structure. The proposed walls would block portions of the building from views along E. Main Street (see visibility discussion above). Additionally, the Town’s Consulting Architect expressed concerns with the compatibility of the proposed Memorial and the Town Hall building (Attachment 13), to which the applicant has provided a response (Attachment 14). Staff recommends that the Council provide specific direction to address the relationship between the proposed Memorial and the Town Hall Building. Relationship to existing natural features: The redwood grove site is located at the edge of a sprawling lawn and includes a large expanse of ground-cover vegetation (ivy), very large redwood trees, and a giant sequoia. The proposed Memorial would be located within this grove and would impact the character of the site. The Town’s Consulting Architect expressed concerns with the compatibility of the proposed Memorial with the site context (Attachment 13), to which the applicant has provided a response (Attachment 14). Staff recommends that the Council provide direction to address the relationship between the proposed Memorial and the redwood grove site. PAGE 11 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM DISCUSSION (cont’d): f. Future development plans for the area: As Town property, there are currently no plans to modify or enhance the Civic Center area or Town Hall building. This application has been reviewed by the Town’s Planning, Parks and Public Works, and Building Departments, as well as the Town Manager’s Office and the Facilities and Environment Services Manager. It should be noted that while there are currently no plans to modify or enhance the Civic Center area or Town Hall Building, the size, scale and proximity of the proposed project could potentially be an impediment if development is considered in the future. g. Impact on the community or neighborhood in the proposed vicinity: The Human Services Element of the General Plan includes a section on Arts and Cultural Enrichment. This section speaks to the Town’s rich arts and literature history, and its commitment to protecting cultural resources, includin g public art. Goal HS-14 strives to make visual, performing, and literary art, as well as other cultural amenities, more accessible to the Town’s residents. The proposed Memorial represents an opportunity to introduce a new public art piece within a public space, which is consistent with Goal HS-14 of the General Plan. Additionally, the Town’s Public Art Selection Policy and Procedures recognizes public art is a value to the Town residents. D. Fire Bell As discussed above, the applicant proposes to relocate the historic fire bell currently located adjacent to the historic former firehouse at 4 Tait Avenue, owned by the Town and the former site of the Art Museum of Los Gatos. The bell would be placed within the First Responders Memorial component of the Veterans Memorial, adjacent to Wall #4 (Attachment 2, Exhibit B, Sheet SP1). Staff has concerns with the proposed relocation of the historic fire bell, as it would remove the bell from the historic former firehouse, a site with a strong relationship to the fire bell. The Town Council has not made any decisions regarding the future of the Tait property. The Council may wish to provide direction as to the appropriateness of including the bell as part of the Memorial, or if the future disposition and/or potential relocation of the bell should be determined independently of the Memorial. If the Council would like the bell to be part of the Memorial, the Council may wish to provide direction regarding the proposed context for the bell’s placement in the Memorial. PAGE 12 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM DISCUSSION (cont’d): E. Landscaping The proposed project includes landscaping plantings throughout the Memorial site, including 18 new cherry laurel trees planted on the south side of the serpentine wall (#1), between the wall and the parking lot (Attachment 2, Exhibit B, Sheet L1). The Town recently completed a project to refurbish and upgrade this parking lot, which included additional areas of paving adjacent to the Memorial site. Staff is concerned that there may not be sufficient room for the 18 proposed cherry laurel trees between the serpentine wall and the parking lot. Staff recommends that the Council provide direction regarding the proposed landscaping in light of this concern. F. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. PUBLIC COMMENTS: Story poles for the proposed project were installed on October 26, 2017. In addition to the standard property owner/occupant noticing required for this public hearing, the VFLG conducted an open house meeting on October 26, 2017, providing the public an opportunity to review the project plans and visit the site for review of installed story poles. The Town posted the VFLG invite to the open house on the Town’s social media resources. All public correspondence received before 11:00 a.m. on Thursday, November 30, 2017, is included as Attachment 22. CONCLUSION: A. Summary The VFLG requests approval for construction of a Veterans Memorial to be located in the redwood grove area of the Civic Center. The Memorial would consist of a sculpture (Flame of Liberty), First Responders Memorial, walls, pathways, a fountain, benches, boulders, and lighting. The proposal includes a request to relocate the existing Barati Sculpture to an adjacent area within the redwood grove and to relocate an historic fire bell from its location at the historic firehouse on Tait Avenue. The project would also require the relocation of a bench with a commemorative plaque. PAGE 13 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM CONCLUSION (cont’d): B. Town Council Direction Staff recommends that the Town Council provide direction on the topics discussed in this report as summarized below: CONCLUSION: 1. Issues related to scale, height, siting, and relationship to the Civic Center site and Town Hall building (Attachment 13); 2. Health and recommended removal of the Giant sequoia, a large protected tree, as summarized in the Arborist Report prepared by the Town’s Consulting A rborist (Attachment 15); 3. Safety and liability issues related to proposed wall heights that gradually increase from two feet, six-inches to twelve feet; 4. Need for a Duplication Agreement, as required by the Town’s Public Art Selection Policy and Procedure; 5. Visibility impacts, specifically to the Town Hall building, north deck area, and existing signage; 6. Impact and appropriateness of the proposed lighting; 7. Request to relocate the Barati Sculpture; 8. Potential impacts to adjacent sculptures and bench; 9. Appropriateness of relocating the historic fire bell to the Memorial and the proposed context for the bell’s placement in the Memorial; 10. Appropriateness and capacity of the site to accommodate the proposed landscaping; 11. Appropriateness of the number of benches and boulders described in item 4 on page 4 of this report; and 12. Whether the proposed project meets the criteria of the Town’s Public Art Selection Policy and Procedure. COORDINATION: The Community Development Department coordinated with the Town Manager’s Office, Town Attorney, Parks and Public Works Department, and the Santa Clara County Fire Department in the review of the application. FISCAL IMPACT: If the application is approved, the covenants and conditions included in the MOA (Attachment 12) would be included as conditions of approval (Attachment 2, Exhibit A). The VFLG would be responsible for all costs associated with the permitting, fabrication, installation, and PAGE 14 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM FISCAL IMPACT (cont’d): maintenance of the Veterans Memorial. As stated in the MOA, the Town would be responsible for ongoing utility bills, including electricity and water utility expenses. RECOMMENDATION: It is recommended that the Town Council consider the application submitted by the Veterans Memorial and Support Foundation of Los Gatos, receive public testimony, discuss the proposal, and provide direction on the design elements of the proposed Memorial. Alternatively, the Council may choose to act on the proposal as discussed in the Alternatives section of this report. ALTERNATIVES: Alternatively, the Council may: 1. Adopt a Resolution to approve the application with modified or additional conditions of approval (Attachment 2, Exhibit A); 2. Adopt a Resolution to deny the Architecture and Site application (Attachment 3); or 3. Continue the item to a date certain with specific direction. Attachments received with this Staff Report: 1. Location Map 2. Draft Resolution to approve the project (includes Exhibit A - Conditions of Approval, and Exhibit B - Development Plans) (21 pages) 3. Draft Resolution to deny the project (two pages) 4. Findings and Considerations (one page) 5. January 20, 2015 Town Council Staff Report (ten pages) 6. January 20, 2015 Town Council Minutes (six pages) 7. August 18, 2015 Town Council Staff Report (four pages) 8. August 18, 2015 Town Council Minutes (six pages) 9. June 21, 2016 Town Council Staff Report (five pages) 10. June 21, 2016 Town Council Minutes (two pages) 11. September 20, 2016 Town Council Staff Report (three pages) 12. Memorandum of Agreement between the Veterans Memorial and Support Foundation of Los Gatos and the Town of Los Gatos, AGR 16.218 (seven pages) 13. Consulting Architect’s Report, received October 19, 2017 (twelve pages) 14. Applicant’s response to Consulting Architect’s Report, received November 1, 2017 (five pages) 15. Consulting Arborist’s Report, received October 20, 2017 (33 pages) PAGE 15 OF 15 SUBJECT: 110 EAST MAIN STREET/S-17-033 NOVEMBER 30, 2017 S:\COUNCIL REPORTS\2017\12-05-17\Veterans Memorial A&S\Staff Report - Veterans Memorial Final.docx 11/30/2017 2:51 PM 16. Applicant’s response to Consulting Arborist’s Report, received November 1, 2017 (two pages) 17. Public Art Selection Policy and Procedure (three pages) 18. September 20, 2016 Town Council Staff Report (three pages) 19. September 20, 2016 Town Council Minutes (four pages) 20. Town Council Resolution 1998-96, accepting the Barati Sculpture as a gift (three pages) 21. Town Council Resolution 2002-71, accepting the Kuksht Sculpture on loan (four pages) 22. Public Comment received by 11:00 A.M., November 30, 2017 Distribution: Patrick Flanders, 12175-C Saratoga-Sunnyvale Road, Saratoga, CA 95070