Addendum Ba cats
MEETING DATE: 10/20/15
ITEM NO: 9
ADDENDUM B
DATE: OCTOBER 19, 2015
TO: MAYOR AND TOWN COUNCIL L
FROM: LAUREL PREVETTL TOWN MANAGER
SUBJECT: PEW Job No. 13 -31 — Almond Grove Street Rehabilitation Project
Staff recommends that the Town Council proceed with the Almond Grove Project by:
A. Complying with ADA with respect to sidewalks
B. Phasing the project with Broadway and Bachman first
C. Approving plans and specifications and bidding Broadway and Bachman for asphalt
and concrete reconstruction with the curb line in the existing location and no
additional allocation of design fees
D. Issuing a request for proposals for designing the remaining eight project streets
(Continued from 9115115)
REMARKS:
After the initial staff report was distributed on October 15. 2015, and the addendum on October 16.
2015, staff received the following questions from a Councilmember and a legal question pertaining to
the Americans with Disabilities Act (ADA).
Question: What is the purpose of Attachments 2 and 3 to the October 20, 2015 staff report?
What is the source of the numbers depicted? And how does it relate to the recommendations staff
is making on this agenda item?
Answer: Attachment 2 shows the breakdown of all of the costs for Broadway and Bachman, including a
separation of the cost for pavement and removal of the existing concrete streets. This allows for a
comparison of costs that change from one paving solution to the other.
The cost breakdown in Attachment 2 are estimates from the design consultant that reflect current market
conditions. Questions regarding these costs came up at the September 15, 2015, Town Council meeting
and the breakdown is intended to answer those questions. These estimates are a snapshot in time based
on the design prior to C'ouncil's September motion,
PREPARED BY: j ATT MORLEY
Director of Parks and Public Works
Reviewed by: / Assistant Town Manager —f6 Cown Attorney ,Finance
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: ALMOND GROVE STREET REHABILITATION PROJECT
OCTOBER 19, 2015
REMARKS (cont'd):
As the designs are modified or finalized, the quantities and total costs will change. The October 20,
2015 staff report recommends putting Broadway and Bachman out to bid and this attachment provides
the construction cost estimate based on the previous design.
Attachment 3 provides information on potential funding solutions for the Almond Grove project. These
data are intended to inform Council about the total current funds available in reserves and other funds
that could be applied to the Almond Grove project. Attachment 3 also identifies additional funding
necessary to fully deliver the projects in either of the pavement solutions ( "New Revenue" line item).
Question: Please clarify: If Council proceeds with the staff recommendation, would a new design
be required for Broadway and Bachman? We are being asked to approve "plans and
specifications."
Answer: Staff is asking the Council to approve the plans and specifications including all Council
directed changes that would move the curb line back to its original location with reconstruction in both
asphalt and concrete. The design consultant would make the modifications before the plans were put out
to bid. The current design changes directed by the Council are clear enough to allow for bidding
without further Council approval. However, if there are further design changes or, if the Council
desires, the redesigned plans and specifications could return to Council for approval.
Question: Staff section entitled "Fiscal Discussion ": Is that section making assumptions? Basis
for those numbers? Aren't we getting cost estimates in the future if staff recommendation is
accepted?
Answer: Yes. Cost estimates are based on assumptions. The Fiscal Discussion section uses numbers
that come from the Broadway and Bachman design (near completion and therefore most accurate) and
the conceptual design cost estimates for the remaining eight streets (these conceptual estimates were
adjusted to reflect proportional increases seen on Broadway /Bachman). Once Broadway and Bachman
are bid, staff will use those bid prices to update the estimate for the other eight streets.
If Council approves moving forward with a Request for Proposal for a new design consultant to design
the remaining eight streets, the design consultant would provide cost estimates for these streets that will
be more precise because the scope and quantities will be better defined.
Question: Please send me a copy of Attachment 7 to the September 15, 2015 Council meeting
(should depict what CIP projects are or are not proposed to move forward).
Answer: This is included as Attachment 7 to this report
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ALMOND GROVE STREET REHABILITATION PROJECT
OCTOBER 19, 2015
REMARKS (cont'd
Question: Please confirm the Council motion on tree removal: Will staff remove trees in
compliance with Town Code Sections 26.10.055 and 26.10.063, or a broader scope of removal? If
broader, pursuant to what provisions of the new tree ordinance?
Answer: The Council motion directed the removal and replacement of street trees in accordance with
the Town's new Tree Ordinance including Sections 26.10.055 and 26.10.063. Asa result, the project
would retain a number of very large Ash, Elm, and Sycamore trees.
Additionally, the Town Attorney received a question from a member of the public asking the
"authoritative reference" for the sidewalks to be ADA compliant. This information is being
provided to the Council and the public in this Addendum.
Public right -of -way and facilities are required to be accessible to persons with disabilities through the
following statutes: Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. §794) and
Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12131 - 12164). The laws
work together to achieve this goal.
Title II of the American with Disabilities Act (ADA) provides that, "...no qualified individual with a
disability shall, by reason of such disability, be excluded from participation in or be denied the benefits
of the services, programs, or activities of a public entity, or be subjected to discrimination by any such
entity." (42 U.S.C. Sect. 12132; 28 C.F.R. Sec. 35.130)
Title II of the ADA requires state and local governments to make pedestrian crossings accessible to
people with disabilities by providing curb ramps. 28 C.F.R. §§ 35.150(d)(2), 35.151(2)(e). The curb
ramps provided must meet specific standards for width, slope, cross slope, placement, and other
features. 28 C.F.R. Part 36, Appendix A, § 4.7; 41 C.F.R. Part 101 - 19.6, Appendix A, § 4.7.
28 C.F.R. 35. 151(b) states that "each facility or part of a facility altered by, on behalf of, or for the use
of a public entity in a manner that affects or could affect the usability of the facility or part of the facility
shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is
readily accessible to and usable by individuals with disabilities." Facility is defined to include walks
and passageways. (28 C.F.R. 35.104). 28 C.F.R.35.151(e) states: "Newly constructed or altered streets,
roads and highways must contain curb ramps or other sloped areas at any intersection having curbs or
other barriers to entry from a street level pedestrian walkway."
According to the U.S. Department of Transportation and U.S Department of Justice, accessible
pedestrian facilities should be considered part of every new public right -of -way project and sidewalks
are held to the highest standards regarding pedestrian usability and ADA compliance. In its essence,
these requirements mean that people with disabilities, including those who use wheelchairs and other
mobility devices, have just as much of a civil right to access and use public sidewalks as people without
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ALMOND GROVE STREET REHABILITATION PROJECT
OCTOBER 19, 2015
REMARKS (cont'd):
disabilities. This basic right to move about in one's community is fundamental to the other rights
identified in the ADA.
Therefore, it is important for the Town Council to understand that the ADA is not a collection of
guidelines, but rather a law for which there are legal consequences for noncompliance. Individuals may
bring lawsuits to enforce their rights under Title II of the ADA. Remedies may include substantial
monetary damages and reasonable attorney's fees. ADA case law has not exempted small local
governments or excused communities for inadequate funding. A number of court decisions and
settlement agreements confirm that accessible sidewalks are a civil right.
In 2002, Barden v. City of Sacramento ruled that public sidewalks are a "service, program, or activity"
under the ADA. In that case, a group of individuals with mobility and vision impairments brought a
class action suit against the city of Sacramento, alleging it violated the ADA by failing to remove
obstructions (such as benches, sign posts, and guy wires) that made some existing sidewalks
inaccessible. The Court ruled that public sidewalks constitute "services" within the meaning of Title II
of the ADA and are therefore subject to the accessibility requirements of the ADA regulations.
In 2007, the City of Chicago settled an ADA lawsuit, agreeing to spend $10 million a year for five years
on sidewalk accessibility, in addition to the $18 million it spends annually on sidewalk maintenance.
Last year, Los Angeles settled a lawsuit alleging that the city did not maintain its sidewalks "in a
condition that is useable by class members who rely on wheelchairs, scooters, and other assistive
devices to get around." The agreement requires L.A. to commit $1.4 billion to "repairing and upgrading
sidewalks, installing curb cuts, and ensuring access to crosswalks."
Finally, just last month a Federal Judge certifying a class in a case against the City of Long Beach
regarding their failure to address pervasive access barriers for wheelchair users throughout the City's
sidewalks and pedestrian routes. These barriers include: a lack of curb cuts at intersections, uplifted and
cracked sections of sidewalk, steep and hazardous slopes, and sidewalks blocked by poles and other
obstacles.
The above statutes and cases prohibit public agencies from discriminating against persons with
disabilities by excluding them from services, programs, or activities. These statutes and cases mean that
the agency must provide pedestrian access for persons with disabilities to the agency's streets and
sidewalks otherwise you will expose the town to the risk of litigation.
Also provided in Attachment 8 is public comment, which was received after the staff report and the
addendum were distributed.
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: ALMOND GROVE STREET REHABILITATION PROJECT
OCTOBER 19, 2015
Attachments 1 -4 (Previously received with Staff Report on October 15.2015):
1. Q &A.
2. Project Cost Breakdown.
3. Funding Plan.
4. Public Comments received through 1:00 p.m. Thursday, October 15, 2015.
Attachments 5 -6 (Previously received with Addendum on October 16 2015)•
5. Adopted FY 2015/16 — 2019/20 Capital Improvement Program Budget.
6. Public Comment received from 1:01 p.m. Thursday, October 15, 2015 through 11:00 a.m. Friday
October 16, 2015.
Attachments received with this Addendum:
7. 2015 -2016 Capital Project Program
8. Public Comments received through 11:00 a.m. Monday, October 19, 2015.
2015 -2016 Capital Project Program
Projects Moving Forward
15/16
Reason
$900,000
Budget
$19,550
Former Library Roof Improvements
$90,000
Roof condition requires replacement.
$28,150
Blossom Hill Park Little League Backstop
Failure to replace a roof can lead to
Oak Meadow Park
$330,000
increased infrastructure damage due to
$350,000 * $50k from 14/15
Downtown Parking Sign Enhancements
leaks.
Curb, Gutter, & Sidewalk Repair
$250,000
This project addresses hazards that create
Maintenance
TOTAL
a liability for the Town.
Retaining Wall Repairs
$100,000
Retaining walls, especially in hillside
areas, require replacement to ensure
roadways remain functional.
Crosswalk Lighting Upgrade
$50,000
Create safe crossing areas for pedestrians.
Crosswalk Improvements at Santa
560,000
Add sidewalk to north side of intersection
Cruz & Blossom Hill
for pedestrian safety.
Shannon/ LGB. Cherry Blossom
$110,000
Sidewalk infill for pedestrian safety.
Sidewalk Improvements
Stonybrook and Kennedy Sidewalk
$260,000
Sidewalk replacement along creek where
Improvements
sidewalk is failing off roadway.
Pagaent Way Parking Lot
$175,550
This parking lot serves the civic center and
Reconstruction
has deteriorated significantly. The lot
needs to be rebuilt to retain stormwater
flow and avoid tripping hazards.
LED Streetlights
$400,000
This project has a positive return on
investment of at least $50,000 per year.
Silicon Valley Interoperability Project
$152,876
This project is necessary to pay for
Service Fee
infrastructure costs for public safety radio
reliability.
Bachman Park
$325,000
Council set aside for park im rovements
Fuel System Enhancement
$75,000
Necessary to ensure fueling reliability
Projects on Hold
Budget
Street Repair — 2014-15 half of project)
$900,000
Montebello Way Island Removal
$19,550
Los Gatos Creek Trail Improvements at Charter Oaks
$30,000
Worcester Park Improvements
$28,150
Blossom Hill Park Little League Backstop
$25,000 (GFAR onion
Oak Meadow Park
$330,000
Parking Lot #4
$350,000 * $50k from 14/15
Downtown Parking Sign Enhancements
$50,000
Civic Center Improvements
$150,000
Building Replacement at Corp Yard
$200,000 (GFAR onion)
TOTAL
$22132,700
ATTACHMENT'?
From: Robert Dunne fmailto :dunnelaw6383(@cimail.com]
Sent: Sunday, October 18, 2015 4:20 PM
To: Council
Subject: Baggerly baseball field backstop funding
Dear Council of volunteers who put in a ton of time for this amazing Town
Rob Dunne here
Former president of the Los Gatos Little League.
I know how difficult budgets are -the needs far exceed the available funds, particularly for public
entities.
The replacement of this clam -shell shaped backstop is one of those needs that truly deserves funding.
The Los Gatos Little League is a kids program that I have personally witnessed make a huge positive
difference in many kids and their families. The bonding and involvement and parent away from work
contact that our kids receive when their families get behind them while they are playing baseball in
our Little League, and at Baggerly, is remarkable, and so needed.
The backstop needs to be replaced -the design allows upwards foul balls to come back down on the
players and umpires. The potential for injury is not insignificant.
Dan Campagnolo's email is dead on -he has spent a lifetime behind the plate at Baggerly.
Please find the funding for the replacement of this backstop -heck, they might even name it the
Spector backstop!!! (Hi Barbara).
Rob
Robert E. Dunne, Esq.
Robert E. Dunne Law Offices
16450 Los Gatos Blvd #110
Los Gatos, CA 95032
ph- 408 - 357 -7730
dunnelaw6383 a gtnail.com
ATTACHMENT 8
From: Dan Campagnolo [ mailto :d.camoagnoloCalcomcast.net]
Sent: Friday, October 16, 2015 12:54 PM
To: Council
Subject: Budget item; Backstop at Baggerly Field
Dear Los Gatos Town Council Members:
I am writing you this note, as I have been informed that you will be voting on the budget
this coming Tuesday, Oct 20. I'm sure that all items on the budget are important and
need to be considered, but one particular item, the backstop at Baggerly Little League
Field in Blossom Hill Park, is one that should be supported.
It's an old backstop design that limits some baseball plays and actually is
dangerous. It's design makes it impossible for the catcher to make a play on a foul ball
that goes directly up striking the backstop. These foul balls can sharply come down
directly to the batter, catcher, and umpire's head, causing injury. The town doesn't need
that kind of injury liability.
Baggerly field is noted as one of the best fields in California District 12 Little League (10
leagues in San Jose, Los Gatos and Saratoga). It always puts on a good show for post
season tournaments, most recently, it was selected for Little League 10 -11's Northern
California Championships held in July 2015. A new, better designed backstop would
make the Little League ball field a safer place for the kids, volunteers, and fans. It
would also enhance the esthetics and overall looks of the ball field and city park. It's a
wonderful venue, a safe place for kids to play, and this addition will make it even
better .... one that us Los Gatos residents would be proud of.
Please consider the back stop proposal seriously. I, and many others involved in Los
Gatos youth sporting organizations, appreciate your support.
Sincerely,
Dan Campagnolo
2012 Little League World Series Umpire
152 Vista Del Monte
Los Gatos, CA
From: Dan Connor [mailto:mtcorp(&msn.coml
Sent: Friday, October 16, 2015 1:36 PM
To: Council
Subject: Back stop at Baggerly Field
Good evening Los Gatos City Council:
I am writing this letter to you all, as I understand you as representatives for our town's
interests will be voting on a town budget next Tuesday, Oct 20. My name is Daniel Connor,
and I am a LG Little League Board member, a Los Gatos resident and father, as well as a
spouse to someone born and raised in the beautiful Los Gatos Santa Cruz Mountains. I am
certain that there is a plethora of items requiring your vote for passage. One in particular I
am very familiar with is the proposed backstop at Baggerly Field in Blossom Hill Park.
This fine city takes great pride and joy in investing in tomorrow. The biggest component of
tomorrow is our children. Today, our children use Blossom Hill Park to play baseball, to
exercise, to learn about life and develop skills for their own lives tomorrow. Baseball, as you
all know, is a huge part of our identity as Americans, and it is an activity and sport that is
played here and done so well here (i.e. Los Gatos), it even yields many kids an opportunity
to play it and aid them for admittance to fine colleges and universities, and for the very
blessed to actually be given a chance to play it or be involved with it for a living.
My point is this. The current backstop has served this town and served us from a little
league perspective for many many years. Like anything else, it is time to make it even better.
It is time to make it safer for the kids to continue to use. It is time to make it better so the
next generation of little kids have a clean, safe, operable and updated park they can use and
also be proud of. It is also time to replace the current back stop to show other municipalities
what Los Gatos is all about. Showing these people and our own town folk how much we
care about our children, and how much we care about the good things we can teach them
and that the kids learn for themselves from such a great activity like baseball, and essentially
contributing to and shaping their adult lives.
Thank you for your time and consideration. You all truly have a respected, important and I
am sure at times difficultjob to do for the people of this fine city.
Take care,
Daniel Connor, Shannon Hills- Connor, Colin Connor (12) and Ava Connor (10)
21593 Summit Road, LG, CA 95033
From: Leslie Finch [ma i Ito: leslie.finch(6)comcast net]
Sent: Friday, October 16, 2015 3:22 PM
To: Council
Subject: Funding for Replacement Backstop at Baggerly Field
Members of the Los Gatos Town Council:
The purpose of my email is to urge you to move forward with funding a replacement
backstop at Baggerly Field, the Los Gatos Little League (LGLL) field on Blossom Hill
Road. I'm a Los Gatos resident as well as a former LGLL Board Member and
Coach. My two sons played in LGLL from the time they were five until they aged -
out at twelve so I have watched (and coached) many games at Baggerly
Field. Overall, it's a wonderful facility for baseball but the time has come to
replace the 40 year -old clamshell backstop. Not only is the existing backstop in
need of significant repairs, its clamshell shape now has well known flaws. Most
significantly to the baseball players and umpires, the backstop overhangs home
plate so that batters, catchers, and umpires are at risk of being hit by pop -up foul
balls that rebound off the top of the backstop. Additionally, the clamshell shape
encourages kids to climb the backstop and hang over the front, which is another
safety hazard.
Approving funding for the backstop now, would allow LGLL to move forward with
replacing the backstop in advance of the 2016 season. Our kids should not play
another year with antiquated clamshell backstop.
Thank you for your time and attention to this matter.
Leslie Finch
16490 Englewood Ave
Los Gatos, 95032
From: Robert Dunne <dunnelaw6383 @gmail.com>
Sent: Sunday, October 18, 2015 4:20 PM
To: Council
Subject: Baggerly baseball field backstop funding
Dear Council of volunteers who put in a ton of time for this amazing
Town
Rob Dunne here
Former president of the Los Gatos Little League.
I know how difficult budgets are -the needs far exceed the available funds,
particularly for public entities.
The replacement of this clam -shell shaped backstop is one of those needs
that truly deserves funding.
The Los Gatos Little League is a kids program that I have personally
witnessed make a huge positive difference in many kids and their families.
The bonding and involvement and parent away from work contact that our
kids receive when their families get behind them while they are playing
baseball in our Little League, and at Baggerly, is remarkable, and so
needed.
The backstop needs to be replaced -the design allows upwards foul balls to
come back down on the players and umpires. The potential for injury is
not insignificant.
Dan Campagnolo's email is dead on -he has spent a lifetime behind the
plate at Baggerly.
Please find the funding for the replacement of this backstop -heck, they
might even name it the Spector backstop!!! (Hi Barbara).
Rob
Robert E. Dunne, Esq.
Robert E. Dunne Law Offices
16450 Los Gatos Blvd #110
Los Gatos, CA 95032
ph- 408 - 357 -7730
dunnelaw6383@gmail.com
i
From: Mike Sprintz [ mailto :Mike(&TheSprintzGrouo.com]
Sent: Friday, October 16, 2015 4:25 PM
To: Council
Subject: LGLL
October 16, 2015
Town Manager Laurel Prevetti
Mayor Marcia Jensen
Members of the Town Council
I am writing with regard to the proposed baseball backstop at Baggerly Field in Blossom Hill
Park.
This component is included in the current Parks and Public Works CIP budget
I was notified by members of the current Los Gatos Little League Board that they have been
working with the parks commission to build a new backstop at Baggerly Field. I held several
roles on the LGLL board when my children were younger and spent three years as All Star
Coordinator. We heard many positive comments about our field and surrounding park, but
received most of our complains about the backstop and it actually became dangerous at the more
competitive all -star level. I'm not sure how many organizations have offered to pay 50% to
improve the towns parks and create more safety, but this seems like a no- brainer. I implore you
to make this decision at the upcoming meeting so that this can be completed in a timely manner
and not affect the upcoming baseball season.
I was involved on the board when we had requested parking be changed on the Blossom Hill
street which didn't happen until after one of our participants was critically injured. Let's learn
from previous experiences and not go down the same road again.
Sincerely,
Michael Sprintz
LGLL Board 2002 -2009
ID hhaWi
To: Mayor Jensen and Town Council Members OCT 19 Z015
Fm: Bob Cowan, 222 Tait Ave
Date: Oct 19, 2015 Y)CAOCI cictivuC4
Subj: Oct 20, 2015 Town council meeting re Almond Grove /Broa*ay stIW 96W ?
Comments
1. Cost differences between concrete and asphalt.
a. Concrete paving has a much lower life cycle cost than asphalt. The Town uses a
50 year life cycle for concrete. The existing concrete pavement is nearly 100 years
old and remains in use.
b. The Town staff's concrete expansion join plan uses relatively short spacing which
would facilitate periodic street cuts for utilities including water laterals to
accommodate the new state building/fire codes requiring bigger water laterals for a
home sprinkler system for new construction.
2. Preservation of existing street trees.
a. The policy decision to retain the existing curb lines will necessitate the use of bulb
outs and sidewalk cutouts in order to preserve existing large street trees. The bulb
outs must be designed to accommodate street sweeping and the street pavement
must be warped to allow water to flow around the bulb out.
Typical example of curb bulb out and sidewalk shift for tree trunk