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Attachment 9-14COUNCIL AGENDA REPORT DATE: SEPTEMBER 8, 2016 TO: MAYORANDTOWNCOUNC~ FROM: LAUREL PREVETT!, TQWN MANAGER MEETING DATE: 09/20/16 ITEM NO: 3 SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE VETERANS MEMORIAL AND SUPPORT FOUNDATION OF LOS GATOS FOR THE VETERANS MEMORIAL AT THE TOWN OF LOS GATOS CIVIC CENTER RECOMMENDATION: Authorize the Town Manager to execute a Memorandum of Agreement with the Veterans Memorial and Support Foundation of Los Gatos for the Veterans Memorial at the Town of Los Gatos Civic Center. BACKGROUND: At its January 20, 2015 meeting, the Town Council agreed that a Veterans Memorial should be located at the Town's Civic Center. Upon review of the Council direction, the Veterans Memorial and Support Foundation of Los Gatos (VFLG) chose the redwood grove located in the southwest corner of the Civic Center lawn fronting Main Street and immediately adjacent to Pageant Way, as the proposed location for a Veterans Memorial. At the January 20, 2015 meeting Council asked that 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. These concepts returned to the Town Council and the final design, Flame of Liberty, was selected at the June 21, 2016 Council meeting. 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 remembrance. 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. PREPARED BY: SHELA YNE HAMMACK Management Analyst ATTACHMENT 11 Reviewed by: __ Assistant Town Manager __ Town Attorney __ Finance N :\SHAR£\COVNCIL REPORTS\20 I 6\09-20-16\03 Veterans\Staff Report FJNAL.docx PAGE2 MAYOR AND TOWN COUNCIL SUBJECT: VETERANS MEMORIAL MEMORANDUM OF AGREEMENT DATE: September 8, 2016 DISCUSSION: A Memorandum of Agreement needs to be signed by both VFLG and the Town of Los Gatos to establish clear guidelines and responsibilities for the development and execution of the project. The Memorandum of Agreement outlines the roles and responsibilities of the VFLG and the Town for the design, permits, construction, installation, and maintenance of the Veterans Memorial. If the draft Memorandum of Agreement is approved, the VFLG will begin submitting appropriate Architecture and Site, grading, and building permit applications, along with other necessary requirements to the Town. Construction would occur after the Council's consideration and approval of the Architecture and Site application and·the Town's issuance of the building and grading permits. The Memorial' s estimated completion is in FY 2017-18. Listed below are highlights from the agreement: • Scope of Development: The VFLG must file an Architecture and Site application for Council approval. VFLG is responsible for paying all Town permit fees. • Town Responsibilities: Town will provide a space at the Los Gatos Civic Center Grounds. The Town will provide all plan review and inspection services associated with approved building and grading permits. • Design Professional: The VFLG shall have all aspects of the Veterans Memorial designed by a professional. • Maintenance and Operation: The VFLG funds all maintenance at no cost to the Town. • Improvements for and Closure: The VFLG is responsible for construction oversight, grading, landscaping and irrigation, electrical, other improvements, indemnification and insurance, volunteers, removal of improvements, routine maintenance, and the reserve fund. Depending upon the Council's action and direction, Town staff will continue to work with the VFLG with the goal of installing a Veterans Memorial in FY 2017-18. CONCLUSION: Authorize the Town Manager to execute a Memorandum of Agreement with the Veterans Memorial and Support Foundation of Los Gatos for the Veterans Memorial at the Town of Los Gatos Civic Center. ALTERNATIVES: Alternatively, the Council could choose the following: A. Direct staff to revise the Memorandum of Agreement and execute with the Veterans Memorial and Support Foundation of Los Gatos. B. Provide other direction. PAGE3 MAYOR AND TOWN COUNCIL SUBJECT: VETERANS MEMORIAL MEMORANDUM OF AGREEMENT DATE: September 8, 2016 COORDINATION: This report was coordinated with the Town Manager's Office, Town Attorney's Office, the Parks and Public Works Department, and the Community Development Department. FISCAL IMPACT: There are no fiscal impacts associated with the recommended actions. ENVIRONMENTAL ASSESSMENT: - This is not a project defined under CEQA, and no further action is required. Attachments: I. Memorandum of Agreement This Page Intentionally Left Blank MEMORANDUM OF AGREEMENT AGR I "' . ~ l 'jt fHH ------ VETERANS MEMORIAL AND SUPPORT FOUNDATION OF LOS GATOS VETERANS MEMORIAL AT THE TOWN OF LOS GATOS CMC CENTER This Memorandum of Agreement ("Agreement'') is entered into by and between the Town of Los Gatos, a Municipal Corporation formed under the laws of the State of California, hereinafter referred to as the "Town"; and the Veterans Memorial and Support Foundation of Los Gatos, a 501(c)(3) non-profit organization hereinafter referred to as "Foundation." Collectively, the Town and the Foundation arc referred to herein as the "Parties." WHEREAS, the Veterans Memorial and Support Foundation of Los Gatos (Foundation) was incorporated as a non-profit California corporation in 2012 for the purpose of honoring and supporting both cwrcntly serving service members and all branches of the military-Anny, Navy, Air Force, Marines, Coast Guard, Merchant Marines, 111 Responders, and 911 Families; and WHEREAS, the Foundation is a 50l(c)(3) non-profit organization committed to building, installing, and maintaining in the Town of Los Gatos a tribute to U.S. military service members and veterans, including but not limited to the design, development, operation, and maintenance of the Veterans Memorial; and WHEREAS, the Town Council of the Town of Los Gatos strongly supports the Foundation and desires to assist the Foundation by granting it access to and use of Town property for the installation of the Veterans Memorial but has made it clear that the Town has no financia1 resources at this time to commit to the design, development, operation, or maintenance of the Veterans Memorial; and WHEREAS the Town at the June 21, 2016 Town Council meeting approved the a preliminary proposal to provide the Memorial improvements such as a statuary, plaques, walls, etc. on the property known as the Redwood Grove at the Los Gatos Civic Center; and WHEREAS, the Foundation will raise funds for the design, permitting, building, installing and maintaining of the Veterans Memorial for the Veterans Memorial to be constructed on the Redwood Grove at the Los Gatos Civic Center; and WHEREAS, the Foundation expects that jt can raise funds and secure other commitments for the development, operation, and maintenance of the Veterans Memorial; and WHEREAS, the Town Council will review the final A&S Application submitted by the Foundation and will have final approval of a Veterans Memorial; and MOA Page I of 7 ATTACHMENT 12 WHEREAS, the Parties desire a Memorandwn of Agreement to document their mutual commitment to proceed in good faith for the Veterans Memorial, subject to one or more fu~ public hearings and the discretion of the Town Council in its ultimate approval or disapproval of the Veterans Memorial. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Recitals. The foregoing Recitals are incorporated into this MOA 2. Scqpe of Develo.pment. The Foundation shall file an Architecture and Site Application and all fees to construct the Veterans Memorial that conforms to the conceptual plan approved by the Town Council on June 21, 2016. (the "Conceptual Plan"). The Conceptual Plan shaU conform with the direction preliminarily approved by the Town Council. After approval of the Architecture and Site Application, grading and building permit applications will be submitted conforming to the requirements of the applicable Building code and all related codes and regulations. The Foundation acknowledges that the project is a public works project as defined under state law. 3. Town RCSJ>Onsibilities. Town shall provide an adequate outdoor section of the Redwood Grove area at the Los Gatos Civic Center Park. The final location, layout, height, and square footage of Memorial Site may vary depending on how the Memorial adds to or deters to lhe uses of Civic Center Park, and will be subject to approval by the Town Council. The Town will provide all necessary plan review and inspection services required for successful completion of the project in accordance with the approved plans. The Town shall be responsible for ongoing utility bills, including electricity and water utility expenses. The Town will monitor the progress of the installation and related activities at no charge. 4. Design Professional. The Foundation shall have the park Veterans Memorial designed by a professional and ensure that professional provides adequate insurance coverage for liability that may result from design of the Veterans Memorial. · 5. Maintenance 8lJ4 Operation. All items necessary for maintenance and operation shall be funded by the Foundation at no cost to Town except as noted herein. 6. .Improvements for and Closure of the Veterans Memorial. A. The Veterans Memorial shall be designed to meet all required Conditions of Approval approved by Town. Items include, but are not limited to, plans and documentation referenced in the Conditions of Approval, required permits and any required monitors during construction. All documents shall be prepared by licensed professionals. All items necessary for design, permitting and construction shall be funded by the Foundation at no cost to Town except as expressly noted herein. MOA Page 2of7 B. Construction Oversight -The Foundation shall engage a properly licensed contractor to oversee any volunteers who may assist with construction of the Veterans Memorial. C. Grading -Any grading for the Veterans Memorial shall be performed by a properly licensed contractor hired by the Foundation. Such work shall be completed according to the stamped site grading and drainage plans, prepared by a licensed Civil Engineer or Architect as approved and permitted by Town (the "Approved Grading and Drainage Plans"). D. Landscaping and Irrigation -Installation of all landscaping and irrigation for the Veterans Memorial shall be performed on behalf of the Foundation, under the supervision of a properly licensed landscape contractor. Such work shall be completed per the Approved Landscaping Plans, prepared by a licensed Architect as approved and permitted by Town. E. Electrical -Installation of all electrical for the Veterans Memorial shall be performed on behalf of the Foundation, under the supervision of a properly licensed electrical contractor. Such work shall be completed per the Approved Utility Plans, prepared by a licensed Architect as approved and permitted by Town. F. Other Improvements -Other improvements for the Veterans Memorial will include installation of hardscape and shall be completed per the approved Grading and Drainage Plans and Architectural Site Plan prepared by a licensed Civil Engineer or Architect and approved and permitted by Town. Installation of all hardscape shall be perfonned on behalf of the Foundation, under the supeivision of a properly licensed contractor. G. Indemnification and Insurance -The Foundation shall ensure alJ contractors it hires or uses for the Veterans Memorial (i) indemnify the Town, the Foundation and each of their officers, employees and agents from any and aJI liability that may arise from that contractor's (or any of the contractor's officer's', employee's', agent's' or subcontractor's') acts or omissions regarding that contract and (ii) canies general liabiJity insurance in a minimum single-limit amount of $1,000,000, naming the Town of Los Gatos and its officer, employees and agents as additional insureds. H. Volunteers -The parties understand individual volunteers may not be protected by the above referenced indemnities ·and insurance coverage for potential liability that could result for those volunteers• actions or inactions related to any construction activities of the Veterans Memorial. MOA Page 3 of 7 The Foundation shall inform each of those volunteers of that risk and obtain their signature(s) on a waiver of liability. I. Removal of Improvements -If in its sole discretion, Town determines, at a duly noticed public meeting, it is in the best public interest to discontinue the use of Town property for a Veterans Memorial due to public safety concerns, then the Foundation shall be responsible for removal of all improvements and landscaping, as directed by Town, or pay Town no more than twenty Thousand Dollars ($20,000.00) to fund that removal. Such payment shall be made if the Foundation fails to satisfactorily remove, as reasonably determined by Town, the improvements and landscaping within sixty (60) days after notice is sent from Town to the Foundation indicating the Veterans Memorial is to be discontinued and the improvements and landscaping are to be removed. J. Routine Maintenance-The Foundation shall be responsible for all routine maintenance, including but not limited to the maintenance of all controllers, pumps, water filter and treatment systems, lighting, landscape, and bardscape. Standards of maintenance shall ensure continued ongoing function of the facility and its components. If systems fail, a contractor must be called out within 48 hours and systems must be repaired within 7 days, unless approved by the Town Manager. · All paints and coatings, including graffiti coating which shall be applied to all surfaces, shall be maintained and replaced per the manufacturer recommendation. Graffiti shall be removed from surfaces within 24 hours, weekends and Town Holidays excluded. Where removal is not practicable, the graffiti shall be made not visible to the public until such time as a pennanent remedy can be made. The painting over of graffiti shall not be accepted. K. Resecve Fund. -Within two years of project completion, the Foundation shall deposit no less than Ten Thousand Dollars ($10,000.00) in a fund with the Town of Los Gatos. Interest from this fund shall go to the Foundation. That fund shall be a maintenance reserve fund and shall remain in perpetuity. At the request of the Foundation, up to Two Thousand Five Hundred Dollars ($2,500.00) can be withdrawn for maintenance or upgrade of the Memorial. All funds withdrawn shall be replaced by the Foundation within 12 months. If in its sole discretion, Town determines, at a duly noticed public meeting, it is in the best public interest to repair the Veterans Memorial due to lack of maintenance by the Foundation, then the Town shall be entitled to use all principal and interest in the Reserve Fund for repair. 8. Town Administrator Authoritv. Unless otherwise specifically stated, whenever this MOA requires an approval of Town. such approval, at his/her sole MOA Page 4 of7 discretion, may be given by Town's Manager or his/her designee, if so designated in writing; provided, that the Town Manager, in his/her sole discretion, may decide to bring any matter to the Town Council; and provided, further, that the Town Council reserves the right to determine whether to terminate this MOA as described in Paragraph 9. The Town Manager also has the authority to allow minor deviations from the requirements of this MOA, if, in his/her sole discretion, he/she detennincs it is in the public interest to do so and such deviations are memorialized in writing. 9. Termination by Town. Town shall have the right to terminate this MOA in the event the Foundation fails to comply with all the terms of this MOA, including all exhibits, unless such failure is caused by Town. If the Foundation breaches its obligations under this Agreement, the Town shall give the Foundation written notice of such breach, and the opportunity to cure such breach for a period of fifteen (15) business days after delivery of the notice of breach. l 0. Termination by the Foundation. The Foundation shall have the right to terminate this MOU in the event Town fails to comply with all the terms of this MOA, including all exhibits. The Foundation's right of termination shall be subject to a fifteen- day (15-business day) formal notice set forth in paragraph 9. 11. Notices. A. Any formal notice, request. approval or other communication to be provided by either party shall be in writing and dispatched by first class mai~ registered or certified mail, postage prepaid, return-receipt requested, or by electronic facsimile transmission followed by delivery of a "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the addresses of Town and the Foundation set forth below. Such written notices, requests, approvals or other communication may be sent in the same manner to such other addresses as either party may from time to time designate. B. Any notice that is transmitted by electronic facsimile transmission foJlowed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt and any notice that is sent by registered or certified maiJ, postage prepaid, return-receipt requested shall be deemed received on the date of receipt thereof. C. If to Town: MOA Page S of 7 Town of Los Gatos Attention: Town Manager ·110 E. Main Street Los Gatos, CA 95050 D. Ifto the Foundation: Veterans Memorial & Support Foundation of Los Gatos 110 E. Main Street Los Gatos, CA 95030 12. Litigation Costs. If any legal action or any mediation, or arbitration, or other proceeding is brought for the enforcement or interpretation of this MOA, or bc:causc of an alleged dispute, breach, default, or misrepresentation in connection with any provision of this MOA, then the successful or prevailing party or parties will be entitled to recover reasonable attorneys' fees and other costs (including experts' fees and costs) incwred in that action or proceeding. in addition to any other relief to which they may be entitled. 13. Successors. The terms and conditions, covenants, and agreements set forth herein shall iqJJ>ly to, and bind the heirs, executors, administrators, assigns and successors of the parties hereto. This MOA cannot be assigned without the written agreement of each party. 14. Governing Law. This MOA shall be governed, construed, interpreted and enforced in accordance with and under the laws of the State of California. 15. Entire Agreement. This MOA represents the entire agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to development of the Veterans Memorial. Th.is MOA may not be amended unless agreed as such in writing and certified by the signatures of the parties hereunder. 16. Effective Date. It is understood and agreed this MOA shall not be effective until it has been signed by all parties and shall be effective as of the date it is signed on behalf of Town. IN WITNESS WHEREOF, the parties hereto have caused this MOA to be executed at Los Gatos, California, on the dates written below. TOWN OF LOS GATOS MOA Page 6of 7 VFLG Laurel Pr,tti, Town Manager , Kent Hillhouse, President Date: ~ ~fti Date: t Or:.;r: 2b I f. Town Attorney ATTEST: Shelley Neis, Clerkdministrator MOA Page7 of7 This Page Intentionally Left Blank October 19, 2017 Mr. Sean Mullin Community Development Department Town of Los Gatos 110 E. Mam Street Los Gatos, CA 95031 RE: Veterans Memorial Dear Scan: ARCHITECTURE PLANNING URBAN DESIGN I reviewed the drawings and evaluated the site context. My comments and recommendations are 25 follows: NEIGHBORHOOD CONTEXT The site is located in the southwest cornet of the park fronting Town Hall on East Main Street. Photographs of the site are shown on the following page. 700 LARKSPUR LANDING CIRCLE . SUITE 199 LARKSPUR . CA 94939 ATTACHM.;ENT · l 8 TEL: 415.331.3795 CDGPLAN@PACBHL.N£T CANNON DESIGN GROUP Veterans Memorial Design Review Comments October 19, 2017 Page 2 700 LARKSPUR LANDING CIRCLE . SUITE 199. LARKSPUR CA. 94939 PRELUDE Veterans Memorial Design Review Comme:na October 19, 2017 Page 3 As a prelude to this review, I would note that in approaching this ewluation my fifteen years of wo.cking with the Town of Los Gatos staff on a wide .ra.ngc of projects is supplemented with the experiem:e gained from several yeMs as a com- missioner on the San Francisco Art Commission. The Art Commission was chacged with the responsibility for .reviewing the proposed location, site development and quality of substance and artistic merit for the many proposals for monu- ments, pieces of sculpture and murals proposed for the cities many parks and public open spaces. I also served on the Sausalito Historic Preservation Board when: similat reviews we.re required by that board. Some of the proposed projects were related to city or priwtc developments, but many urcre proposed by private or quasi-public entities as is the case with this Veterans Memorial. Decisions were never easy, but the Art Commission usually applied some version of the following criteria: • Ate the proposed design and quality of materials such that they are likely to stand the test of time? • Io the case of memorials or statues, will the design have the gravitas and emotional impact appropriate to the penon, persons, or event that is being memorialized? • Docs the monument or smtue have sufficient artistic merit to. wa.ttant its place on public land for decades to come? • Will the size and scale of the proposed monument or sculpture be appropriate to the site. • Will the design and matcriaJs be resistant to potential future vandalism, and who will be responsible for ongoing maintenance? • Who will be responsible for future on-going care and maintenance cosu of the monument or sculpture and secondary design elements such as pools, fountains and lighting? All of these criteria were deemed important because once in place in the public realm, a monument or piece of art is very difficult to remove, and in some cases is protected by law from remov.tl. -·----+------------r-· ":!!•=si--~----------1--6 ~l-- PROPOSED SITE PIAN CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199 LARKSPUR • CA . 94939 PROPOSED PROJECT ISSUES AND CONCERNS Veterans Memorial Design Review Comma:its October 19, 2017 Page 4 The Town Hall complex, including the Library, is remarkable for its simplicity and design restraint. The Town Hall struc- ture itself was the product of a design competition back in the 1960s, and is characterized by a larger central structure with a public plaza on top and three smaller simple but taller rectangular building blocks at its edges. The Town Hall and Library are set well back from East Main Street and buffered by the large green open space containing many large trees - see top photograph on page 2. The proposed project, in my judgment, is not very sympathetic to the Town Hall buildings and site context. It seems overly complex and cramped in its dimensions. A few specific issues include the following: 1. The amount of space between the central fountain/ sculpture is rather small to accommodate pedestrian move- ments when viewctS are seated on the outer edge bench -see section diagr.un below. ---- 2. The clearance between the fountain/ sculpture and the tall wall separating the ramp and stairs on the side of the plaza is much smaller, and would not allow easy movement around all sides of the circular central feature. 3. The central sculptural element would be close to the adjacent building and would extend above its roof height (see section diagram above) while the walls at the central fountain/ sculptural element would be almost as tall as the a~jacent building (sec section diagram on the following page). CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE. SUITE 199. LARKSPUR . CA. 94939 Vcu:rans Memorial DWgn Review Comments October 19, 2017 Page 5 4. The mil wall separating the stair and the ramp would make the ramp space feel rather cramped and uncomfom.ble -see section diagram below. Height of adjacent bulldlng -------------------------------- This Is not a very pleasant entry space • r-1 Clearance between wall and + •,fountain Is very small ---~ ..__Jprovldlng both a ramp and _·---istalr are probably not needed S. The limited elevation of the plaza above grade probably doesn't justify the use of both a tamp and a stair. 6. The bench seat orients most of the visitors gaze inward toward the founmin/ sculpture which might be good for contemplation of the memorial, but the park-loc:Ation of the project and its proximity to the Town Hall suggests that there would likely be other members of the public who might also enjoy spending some time in this location with views of the park. RECOMMENDATIONS There seems to be a premise in this design that rather tall walls arc needed as a backdrop foil for the founmin/ sculpture. That may be one way to approach the design, but a lower wall with a more simple and refined form might work better. Also, there are many similar monuments of similar focal point form t:ha.t havt: been designed without that type of wall foil. A couple of examples are shown below. CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE. SUITE 199 LARKSPUR. CA . 94939 "ALTERNATIVE APPROACHES Vcter211S Memorial Design Review Comments October 19, 2017 Page 6 I looked at two conceptual approaches to better integrate the project into the Town Hall park environment. CUPERTINO MEMORIAL PARK APPROACH Cupertino has a Memorial Park located near the Stevens Creek Boulevard and Stelling Road intersection. It is a large park with multiple uses, but there is a smaller memorial area within the latger park that has some inten:sting design cle- ments that might be of use here. These include: • A generous pedestrian area through the memorial area allowing easy circulation without disturbing those who might be. there for more contemplative reasons. • Low walls surrounded by bermcd lawn landscaping. • A central focal point sculpture with a base suitable for special occasional flower donations. • Full design integration into the surrounding park environment. • A strong landscape setting with minimized walls. An air photo and photographs of this memorial plaza arc shown below and on the following page . .,, ~:----::;illll'!:;;;;::::i . CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199 LARKSPUR . CA . 94939 Vri:crans Memorial Design Review Comments Ottober 19, 2017 Page 7 CANNON DESIGN GROUP 700 LARKSPUR Lt\NDll'IG CIRCLE SUITE 199 LARKSPUR CA 94939 CURRENT PROJECT REFINEMENT APPROACH Veterans Memorial Design Review Comments October 19, 2017 Page 8 The illustra.tive diagram below shows some ways in which the current design in its currently proposed location might be changed to address the issues raised earlier in this review letter. They arc conceptual and would need further refinement. \ \ ~--~~--·~~~~----~·-·-·-·~~~~~-H«_··-~-~---~~~-~-~--~-~-------·_··_·-:_-:_·_·--·--~·-_-:_-::_·_-_·~-~ Major features of this approach include the following: 1. An enlarged plaza area to allow easy pass-through access for pedestrians on foot or walking bikes. 2. Gradual walkway ramps to provide elevation changes more integrated into the overall topography. Or alternatively, the plaza level could be lowered as was done in the Cupertino memorial plaza shown on the preceding page. 3. Lawn berming at the ramps and central plaza to better integrate the plaza into the lawn area -if some berming can he added without hazard to the existing large trees. 4. More seat bench area around the plaza to allow views to the park for those who wish it. 5. A simplified and smoothed out wall separating the plaza from the adjacent parking area. The best wall height for this element would need study, but my suggestion would be to lower the wall immediately behind the fountain/ sculptural element to no more than eight feet in height, and to lower the height of the central sculptural element as well. Study would also be needed for the wall immediately adjacent to the parking lot. My suggestion of a place to start with that study would be a low wall combined with taller landscaping, such as a hedge or bamboo, in front to screen views of the parking lot. The plaques proposed for this wall could still be mounted on the lower wall, as was the case with the Cupertino example, or placed on the taller wall immediately behind the central fountain/ sculptural clement. CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE. SUITE 199. LARKSPUR. CA . 94939 V-=s Memorial Design Review Comments Oaobcr 19, 2017 ~ 9 FOCAL POINT APPROACH The proposed focal point fountain/ sculpture is shown and described in the illustrll.tion and text below. Description The Fllllltt of LJbntJ will be a sculpture of etcmal flame, inspired by the flame of the Statue of Lib- erty. The sculpture is proposed to be made of thin. steel wire frame with sections within the frame filled with thick, transparent champa.gne-colorcd antique, gla.ss evoking the style of a lighthouse lantern or a. stained glass window. A tough, outer layer of clear polycarbonate plastic will protect the memorial from damage. Nestled within the interior of the Bame will be a second smaller bronze sculpture of the Soldier} Cron. The Town's decision-makers will need to decide on the suitll.bility, artistic merit, and long term dumbility of the proposed sculptu.~. However, I thought it might be helpful to look at some other similar veterans memorial sculptures in evaluat- ing what approach might be most suitable for this site. The first two below are w.ria.tions on the flame moti£ The others a.re cent:Cll monument features surrounded by plazas and low walls. CANNON DESIGN CROUP 700 LARKSPUR LANDl~G CIRCLE . SUITE 199 LARKSPUR . CA . 94939 CANNON DESIGN GROUP Veterans Memorial Design Review Commenu October 19, 2017 Page JO 700 LARKSPUR LAN'olNG CIRCLE . SUITE 199. LARKSPUR. CA. 94939 Veterans Memorial Design Review Commcots October 19, 2017 Page 11 One other item that should be studied further is the display of the Town's historic fu:e bell. The cuacnt proposal (shown below) seems a bit too rustle for this setting. !t would be similar to the bell support at the Mission &.m Fnmci~co Solano in the central plaza area of Sonoma -sec picture bel~ ·i . . ' j . .. ' •• A few alternative techniques for historic bell display are shown in the photos below and on the following page. CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199 LARKSPUR CA . 94939 Vett:ram Memorial Design Review Commcna October 19, 2017 Page 12 Sean, please let me know if you have any questions, or if there arc other issues that I did not address. Sinccrdy, CANNON DESIGN GROUP Larry L. Cannon CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199. lARKSPUR . CA . 94939 F I" a n k K o c a n Morris Dear Mr. Mullin, Canon Design Group RECEIVED NOV 01 2017 TOWN OF LOS GATOS PLANNING DIVISION October 26. 2017 Thank you for your thoughtful comments on the design for the Los Gatos Veterans Memorial Site. 1 have been traveling away from my hometown for five days and do not have access to the computer in my studio. So I send this note in the form of letter and cannot add photos and artwork since 1 do not have them a\'ail- able to me. But, for clarity, I will try to address your concerns in a manner that is logical and consistent with your comments in the review. As 1 ·m sure you know, there is no one perfect solution for any design. Many different, good designers will come up with many different, good design solutions for the same site. There is, of course, a reason that our design has evolved to its current form, and that is primarily based on the specifics of the site that was assigned to us by the town of Los Gatos. Height of Walls inside the Current Design To begin with, I strongly disagree with the proposal to reduce the height of any walls at the site . There are multiple reasons for this opinion. I . Much like the Vietnam Memorial, our design presents the names on the Wall of Honor and should be grouped into a dignified presentation and seen at eye level as much as possible. This placement on the wall would show the common respect that is deserving for their uncommon service and our gratitude. Many of the soldiers that are named on this wall have died or have been wounded fighting for our country. Their sacrifice should not be minimized or diminished. 2. The names should not be shoved down to knee level , which for some, recall a cemetery marker. After all, many of our veterans are still alive . 3. Additionally, there is not a fixed quantity of names that will go on the wall. But, in fact, the number of names in the list is open-ended. There is currently enough free space for about 2,600 names. (There are roughly 6500 names on the Vietnam Memorial). The number of names on our Wall of Honor will onl y increase as future families want to add their veteran to the wall over the years to come. It is imprmant ro note that a low wall would not leave enough spare needed to add these additional names in the future . ATTACHMENT 1 4 3810 Kcn\lood A\l•nuc • Memp hi s• TN · 38122 · 901 · 454 ·4646 Fr"nk M orri~P orlr a it s.C om He} Fra nk @ ll e ll~oulh .N rl 4. It stands to reason, that any visitor walking through the memorial, would still be able to see into the parking lot, with its distracting motion of the cars, through the voids and gaps in any hedge if, the solid wall were not tall enough to screen off the parking lot. 5. Not to mention, that the sounds of car noises and doors slamming would be heard through any hedges. Conversely, that sound would be greatly reduced with a solid wall in place. Alternative Approaches Used in other Memorial Parks The other memorial sites like Cupertino that you refer to in your report have the gr.cat , good fortune to be located in the center of a beautiful park where it is surrounded by trees, shrubbery, and green grassland. The photographs that you provided of these other memorials, and the beautiful parkland behind the sculptures, perfectly illustrate my point of view and demonstrate why we need the taller walls that exist in our current design . A memorial that is placed in the middle of a beautiful park does not need tall walls. However, A memorial that is immediately adjacelll to active pllrking lot and a busy loading dock does need the taller walls to screen off those distractions. There is a reason that a parking lot has not been placed directly on the edge of Arlington Cemetery in Virginia. That would be disrespectful and cause outrage in the public mind. We have the same concerns for our memorial. The prime directive of this memorial site is to create a quiet, contemplative space for visitors to remember America's veterans who were wounded or killed defending our freedoms. We are not trying to put a bird bath in the yard behind the museum. The public value and purpose of our memorial should not be subordinate to the any of the town buildings nearby. To serve its purpose, this memorial has to have a defined, quiet, respectable, and dignified space to accomplish that goal. Addressing the Limited Elevation of the Plaza Platform The centerpiece and emotional center of the memorial is the sculpture of the eternal flame and the ''Soldier's Cross" within the Sculpture. An elevated platform, even at a modest elevation. is extremely important because it informs the visitor that the sculpture has meaning and significance, simply because it is pl aced in a predominant position sitting on top of a raised platform within the memorial. With the very act of stepping up onto the plaza platform, a visi- tor intrinsically recogni zes that they have moved into an elevated place of importance, both literally and figuratively. Frankly, we would like it to be higher. However working with the constraints of the site that was alloned to us, we understand the concerns and sensiti vi tics about the height of objects within the memorial. It is important to note that most great statues and sculptures around the world are placed on an elevated platform that raise them up within an architectural selling. The alternate suggestion of building up a berm of land that effectively locates the sculpture on a level with the ground, is clearly a less prestigious presentation for any piece of art. On a separate note, I would like to call your attention to the ground elevation of the site, that slopes down- wmd as you walk towards the memorial platform from Pageant Avenue. A visitor to the memorial can see the parking lot and all of the buildings behind the memorial from the sidewalks on all sides, which are higher in elevation than the platform. Then as a visitor walks from Pageant Avenue and follows th e path downhill into the memorial, the walls behind the flame sculpture then rise proportionally in height as the visitor descends and reach the platform with the flame sculpture at the heart of the memorial. So when you're outside the memorial itself, the building and parking lot are completely visible. And when you're inside the memorial, the building behind is screened off and you have a serene space for meditation. Personally, I don't think you can reach a more elegant compromise in blending the needs of the parts, with the need for the whole. Changing the Entrance Path from the Parking Lot The reason that I would reject an entrance from the parking lot through the middle of the memorial wall is quite simple. A visitor should not be walking along the wall of honored veterans and then run into a large gap that reveals the parking lot, on their way over to view the flame sculpture. This would break the viewer's emotional experience of the memorial. Seeing the parking lot in the middle of moving throughout the memorial, would jolt the visitor and break the mood, peace of mind, and tranquil experience that the memorial is supposed to create and maintain. We agree with the Art Commission's mission referred to in your prelude, which states, "ill the case of a memorial or statues. rhe design should ha1·e rhe graviras and emotional impact appropriate to the persons or e1•e111~ that i!t being memoriali:ed." We cannot achieve that impact in our memorial if the parts of the existing design that creates a protecLed emotional space for th e viewer is dismantled or fragmented. Presentation of the Historic Town Bell In the discussion of the display of the town's historic fire bell , the current version of the design is cannot be described as rustic . You may have seen an earlier version of the design. But several months ago. I vi sited the Liberty Bell in Philadelphia and took reference photos. The support frame for our bell is metal and completely modem and inspired by the presentation at the Liberty Bell museum. The wall behind the town bell is a smaller version of, and consistent in design and shape, with the larger walls behind the flame sculpture. Compatibility with the Existing Town Center My instinct is to follow the timeless mantra that , "rorm follows function." The new library does co-exist well with the original design of the town complex. Of course, it is still, generally speaking, a box shape which it has in common with the original building design from the sixties. That box shape is a natural result of its form following its function as a library. Additionally, the library also brings the original design from the 1960s into a more modern interpretation. It takes many modern liberties by adding large, bold color light panels that constantly shift in color to the face of the library. It shows many more windows on its fa9ade than the original town design, as per its function as a library. Additionally the new library adds richer, more contemporary materials in its construction. Gone are the basic red bricks of the old buildings. A giant, red box was added that juts out from the front facade. Another design variation are the aluminum lighted handrails were designed for a modern building instead of the old rounded bunker style handrails of the sixties. Design and Shape of the walkways All of the other veterans memorials that you reference in your review, also show the rounded forms and curved pathways which are more pleasing, peaceful, and more spiritual. .. especially for this type of memorial. We agree that these curved shapes are clearly more elegant. I also believe. they are very appropriate, and consistent with, the artistic shape of the flame sculplture, that sits at the center of our memorial. Therefore, I would argue that the choices made within our memorial design are: I. Very consistent with the esthetics of the other veterans memorials cited in your photographs. 2. The color palette and the physical stone materials in our memorial design are purposely consistent with the colors and materials in the existing town complex. 3 . It has been my experience that most people are naturally attracted to fluid, curved-shaped paths in a park setting. Most find it soothing, lyrical and peaceful, whereas straight walks (and even geometrical forms) often look pedestrian, impersonal or very corporate. This is not the tone we are trying to achieve. The designers of the original town center and the new library had choice (and more control) where their structures where placed on the grounds. We did not, and had to take the left-overs. So, our challenge was to create a beautiful and thoughtful memorial space within the very cramped and limited ground space available to us -a space that is also shoved up against a parking lot and the view of a loading dock. It is worth noting that many of the town's citizens have publicly commented about how well the Memorial site complements the town Center and how it reflects the surrounding landscape. The gentle, curved features of this memorial will not only complement the existing town center, but will enhance the west lawn with a water feature. l. The placement of a working water fountain into our design, is thoroughly consistent with the fountain that was originally intended as a part of the old sixLics design in the old plaza. That original fountain is now currently void of water, and now stands as a hot. dead and arid mass of concrete that everyone avoids. 2. This new water fountain would re-introduce the sound of splashing water and will create a very desirable reflected light bouncing off of the water. and softl y dancing across the curved surface of those walls. The night-time effect would be magical and would draw people like moths to a flame (if you 'II pardon the expression). Focal Point of the sculpture described in your Review There was a distinct purpose for placing the "soldiers cross" within the structure of the internal flame itself. In earlier designs for Lhis memorial. the art commission rejected overly militaristic objects or military figures due to the sensibilities of the town of Los Gatos. So in the redesign, the concept of the sculpture was re-imagined into a more universally pleasing form of art as an eternal flame sculpture which was inspired by the Statue of Liberty. The "soldiers cross" itself cannot be seen from a di stance, and even up close, the gentle distortions of the antique glass panels creates a "veiled effect" that suggests a barrier between the present and the past. as well as the living and the dead. The result is an attracti\'e and elegant piece of art that would enhance the site, yet provide an emotional and moving experience for those visitors who choose to visit this memorial to honor and remember their veterans. Spacing of Objects on the Platform and Size of Platform Of course, we would Jove to see a larger platform. including more space surrounding the base of the fountain ... if the town wi ll permit. Of course. we would want a wider border of grass surrounding the base of the platform than we have in our current design ... if the town will permit. We, too, would like to add more benches facing towards the front lawn ... if the town will permit. We, too, would like to create a blended use of the park that is allractive whether a visitor is there to visit the Veterans Memorial or enjoying a new park environment that blends well with enjoyment of the great lawn . I hope this is helpful to understand and explain our design choices. Please feel free to contact me if you have an) question or would like to discuss any of these details further. I only want a world class memorial park for Los Gatos and a design that will truly enhance the town center. Sincerely, ~ Frank Morris FrankMorrisArtist('g•gmail.com • Studi ophone(901)454-4646 •Cell phone (901)292-7699 This Page Intentionally Left Blank