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00 Council Meeting AgendaPage 1 IMPORTANT NOTICE This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube. This meeting will be teleconferenced pursuant to Government Code Section 54953(b)(3). Vice Mayor Hudes will be participating from a teleconference location at 111 Harbor Drive, San Diego, CA 92101. The teleconference location shall be accessible to the public and the agenda will be posted at the teleconference location 72 hours before the meeting. HOW TO PARTICIPATE The public is welcome to provide oral comments in real-time during the meeting in three ways: Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please use this URL to join: https://losgatosca- gov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj Passcode: 793054 You can also type in 822 3273 9012 in the “Join a Meeting” page on the Zoom website at zoom.us and use passcode 793054. When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. Telephone: Please dial (877) 336-1839 for US Toll-free or (636) 651-0008 for US Toll. (Conference code: 1052180) If you are participating by calling in, press #2 on your telephone keypad to raise your hand. In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak. NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor’s discretion. (2) If you are unable to participate in real-time, you may email to Clerk@losgatosca.gov the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). All comments received will become part of the record. (3) Deadlines to submit written comments are: 11:00 a.m. the Thursday before the Council meeting for inclusion in the agenda packet. 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation must submit the presentation electronically to Clerk@losgatosca.gov no later than 3:00 p.m. on the day of the Council meeting. TOWN OF LOS GATOS COUNCIL MEETING AGENDA JUNE 04, 2024 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS 7:00 PM Mary Badame, Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow, Council Member Page 2 CALL MEETING TO ORDER ROLL CALL APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council Member to participate remotely under AB 2449 (Government Code 54953)). PLEDGE OF ALLEGIANCE PRESENTATIONS i. Commend Outgoing Youth Commissioners ii. Youth Friendly Business of the Year iii. Youth Friendly Green Business of the Year CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions contained on Page 1 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.) 1. Approve Minutes for the May 20, 2024 Closed Session Town Council Meeting. 2. Approve Minutes for the May 21, 2024 Town Council Meeting. 3. Approve Town Council Meeting Schedule for Fiscal Year 2024/2025. 4. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner Appointments. 5. Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with The KPA Group to Increase the Compensation for Construction Administration for the Civic Center Improvements (CIP 821-2117) in an Amount of $36,835 for a Total Contract Amount of $132,835. 6. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2024/25 Funded by the State Senate Bill 1, the Road Repair and Accountability Act of 2017. 7. Authorize the Town Manager to Execute a Five-Year Agreement for Services with Air Systems Inc. for Heating Ventilation and Air Conditioning (HVAC) Preventative Maintenance and Repair Services Including a Contingency for Unforeseen Repairs for a Total Agreement Amount of $521,600. 8. 2024 Annual Street Repair and Resurfacing Project (CIP No. 811-9901): a. Award and Authorize the Town Manager to Execute a Contract with O’Grady Paving in an Amount Not to Exceed $3,274,430; b. Authorize the Town Manager to Execute Change Orders in an Amount Not to Exceed Ten Percent (10%) of the Contract Award Amount ($327,443); c. Authorize the Town Manager to Execute a Contract with BSK for Project Materials Testing in an Amount Not to Exceed $48,356; and d. Approve the Project Construction Plans with Addenda as Required by Government Code 830.6 – Design Immunity. 9. Adopt a Resolution Establishing the Fiscal Year 2024/25 Gann Appropriation Limit for the Town of Los Gatos. Page 3 10. Authorize the Town Manager to Execute an Agreement with Los Gatos-Monte Sereno Safe Routes to School to Provide Education and Encouragement Programs and Crossing Guard Services for an Amount Not to Exceed $70,190. 11. Adopt a Resolution Calling for the General Municipal Election to be Held on November 5, 2024 for the Election of Two Town Council Members to be Held in the Town of Los Gatos, Requesting the Consolidation of Election with the Statewide General Election, Requesting the Santa Clara County Board of Supervisors Render Specified Services to the Town Related to the Conduct of the General Municipal Election, Adopting Regulations for Candidates for Elective Office Pertaining to Filing Fees and Candidate Statements, and Providing for the Process in the Event of a Tie Vote. 12. Authorize the Town Manager to Execute a First Amendment to an Agreement for Services with JLP Building Maintenance LLC for Janitorial Services to Extend the Term through September 30, 2024 and Increase the Compensation by $66,551 for a Total Amount Not to Exceed $1,115,603. 13. Authorize the Town Manager to Execute a First Amendment to the Construction Agreement with Tucker Construction Inc. to Increase the Compensation by $13,538 for a Total Agreement Amount Not to Exceed $287,977 for the Adult Recreation Center Americans with Disabilities Act (ADA) Compliant Public Restroom Project (CIP 821-2601). 14. 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921): a. Award and Authorize the Town Manager to Execute an Agreement for Consultant Services with Ninyo & Moore for Materials Testing in an Amount Not to Exceed $18,555; and b. Authorize an Expenditure Budget Transfer in an Amount of $18,555 from the Annual Street Repair and Resurfacing Project (CIP No. 811-9901) to the Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921). 15. Authorize the Town Manager to Execute an Amendment to the Software Support Agreement with Sun Ridge Systems to Incorporate Crossroads Collision and E-Citation Add-On Modules for the Remaining Term of the Original Agreement with the Total Agreement Not to Exceed $260,000. 16. Authorize the Town Manager to Execute a Transitional Agreement for Animal Services with Silicon Valley Animal Control Authority (SVACA) and Execute a Revised Joint Exercise of Powers Agreement for SVACA as a Participating Member Agency. VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.) Page 4 17. Consider a Recommendation of the Planning Commission to Adopt a Resolution Adopting the Draft Revised 2023-2031 Housing Element. An Environmental Analysis Based on the Previously Certified 2040 General Plan Final Environmental Impact Report has been Prepared for the Draft Revised 2023-2031 Housing Element. The Housing Element is Within the Scope of the Previously Approved 2040 General Plan, and the Program EIR for the General Plan Adequately Describes the Impacts of the Housing Element for Purposes of CEQA. Location: Townwide. Applicant: Town of Los Gatos. General Plan Amendment Application GP-24-001. 18. Operating and Capital Budgets a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2024/25 Operating Budget and FY 2024/25– 2028/29 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 21, 2024; Minor Corrections, and Carry-Forward Appropriations; b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54; c. Approve FY 2023/24 Budget Adjustments and Reclassifications as listed in Attachment 3; and d. Authorize an Expenditure Budget Adjustment from IRS 115 Restricted Pension Trust to CalPERS up to the Amount Available in the Trust (the Estimated Balance Available is $2,090,163). 19. Adopt a Resolution Approving the Administrative Fine and Penalty Schedule for Fiscal Year 2024/25 to Continue, Amend, and Add Certain Department Administrative Fines and Penalties for Fiscal Year 2024/25. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 20. Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as El Gato Lane No. 6, Approximately 0.563 Acres on Property Pre-Zoned R-1:8. APN 523-22-007. Annexation Application AN24-001. Project Location: 15575 El Gato Lane. Property Owners: Sai Kiran Garimella and Renu Sushma Kolli. Applicant: Barzin Keyhankhadiv. PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.) 21. Introduce an Ordinance Amending the Town’s Curfew Ordinance. Ordinance Title: “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 18, ‘Offenses And Miscellaneous Provisions,’ Article III, ‘Minors,’ and Division 2, ‘Curfew,’ of the Town of Los Gatos Town Code." COUNCIL / MANAGER MATTERS CLOSED SESSION REPORT Page 5 ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.) ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354- 6834. Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104]