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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. 2 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. 3 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 4 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 5 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. 6 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. 7 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 8 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. 9 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. 10 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. 11 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. 12 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