060424
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, June 4, 2024
The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing
teleconferencing means on Tuesday, June 4, 2024, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL Present: Mayor Mary Badame, Vice Mayor Matthew Hudes (remote), Council Member Rob
Moore, Council Member Rob Rennie, Council Member Maria Ristow.
Absent: None
PLEDGE OF ALLEGIANCE
Vikram Devaru led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS Youth Commissioners gave a presentation on the work of the Youth Commission, announced
Salt and Straw as the Youth Friendly Business of the Year and Juice Co. as the Green Youth
Friendly Business of the Year.
Mayor Badame presented commendations to outgoing Youth Commissioners.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
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. RESOLUTION 2024-027
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.
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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. RESOLUTION 2024-028
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. RESOLUTION 2024-029
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.
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Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to approve consent items 1-16. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
VERBAL COMMUNICATIONS Amy Despars
- Commented concerns regarding proposed development projects.
Gil Mesa
- Commented on concerns regarding the building height of proposed development projects.
Deborah Weinstein and Sonya Tappan, Los Gatos Education Foundation
- Announced Sonya will be taking over the role of Executive Director and thanked the Council
for their support.
David Lawler
- Inquired about postcard notice mailing.
Joe Enz, Friends of the Los Gatos Creek
- Commented on creek clean-up.
Rob Stump
- Requested the Town Council work with the Los Gatos Lodge property developer and school
district to create a second point of access to the Los Gatos High School property.
Lee Fagot
- Stated support of Rob Stump’s comments and provided positive remarks on the Youth
Commission’s work.
Rich Stephens
- Commented concerns regarding proposed development projects.
Lucinda Van Bruggen
- Inquired about signage for development projects and commented on concerns regarding
proposed development projects.
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Pat Kearns, WRATES
- Commented on concerns with San Jose Water Company and requested the Town work with
the California Public Utilities Commission (CPUC) to ensure utilities are held accountable.
Tony Alarcon
- Commented concerns regarding proposed development projects.
Conrad Van Bruggen
- Commented on height concerns regarding proposed development projects.
Franz Zach
- Commented concerns regarding proposed development projects.
Audry Warmuth
- Commented concerns regarding proposed development projects.
Ellie Stearn
- Commented on height concerns of proposed development projects.
Lynley Hogan
- Read religious text and commented on concerns.
Brent Ventura
- Commented on concerns with proposed development projects.
PUBLIC HEARINGS
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. RESOLUTION 2024-030
Jocelyn Shoopman, Senior Planner, presented the staff report.
Council asked preliminary questions.
Mayor Badame opened public comment.
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Tony Alarcon
- Commented on RHNA (Regional Housing Needs Allocation) numbers and upzoning
concerns.
Rich Stephens
- Commented on concerns with increased housing in hillside areas and a streamlined process
for approval of Accessory Dwelling Units (ADUs).
Amy Despars
- Commented on concerns with the number of units proposed for approval.
Lee Quintana
- Commented on concerns with Housing Element Programs J and AY and that the Town
needs to address the parcels with zoning district and General Plan designation
inconsistencies.
David Lawler
- Commented on the letter he submitted and requested the Town fight the State to stop
Builders Remedy.
Brent Ventura
- Commented on concerns with the number of housing units proposed for approval.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Moore to adopt a resolution adopting the Draft Revised
2023 Housing Element shown in the agenda [packet material] as Attachment 10.
Seconded by Council Member Ristow.
VOTE: Motion passed 3-2 by roll call vote. Vice Mayor Hudes and Mayor Badame voted
no.
Mayor Badame called a recess at 9:51 p.m.
The meeting reconvened at 10:03 p.m.
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; RESOLUTION 2024-031
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b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54
(Attachment 2); RESOLUTION 2024-032
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).
Gitta Ungvari, Finance Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Mayor Badame to 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 as in Attachment 1;
adopt a Resolution Approving Commitment of Fund Balances under GASB 54
(Attachment 2); approve FY 2023/24 Budget Adjustments and Reclassifications as
listed in Attachment 3; and authorize an expenditure budget adjustment from IRS
115 restricted pension trust to CalPERS up to the amount available in the trust
(which the estimated balance is $2,090,163). Seconded by Council Member Moore.
Town Manager Prevetti stated Attachment 3 was revised in the Desk Item with Attachment 5.
She also noted that the Oversight Committee did not take action to move money from the
pension fund, therefore the recommended action on the expenditure budget adjustment (item
d) is not necessary at this time.
SUBSTITUTE MOTION: Motion by Mayor Badame to approve the Resolutions in Attachments 1,
2, and 5 [in the agenda packet and supplemental materials]. Seconded by Council Member
Moore.
VOTE: Motion passed unanimously by roll call vote.
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. RESOLUTION 2024-033
Gabreille Whelan, Town Attorney, presented the staff report.
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Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Council Member Ristow to adopt a resolution approving the
administrative fine and penalty schedule for Fiscal Year 2024/25 in Attachment 1
with the removal of references to Town Code Sections 15.50.015 and 15.050.020
[15.05.020 as stated in the Desk Item] to continue, amend, and add certain
department administrative fines and penalties for fiscal year 2024/25 [Attachment
2]. Seconded by Council Member Moore.
VOTE: Motion passed unanimously by roll call vote.
OTHER BUSINESS
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. RESOLUTION 2024-034
Joel Paulson, Community Development Director, presented the staff report.
Mayor Badame opened public comment.
No one spoke.
Mayor Badame closed public comment.
MOTION: Motion by Mayor Badame to adopt a resolution in Attachment 1 to set a date for
consideration of the reorganization of an uninhabited area designated as El Gato
Lane No. 6, approximately 0.563 acres located at 15575 El Gato Lane. Seconded by
Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
PUBLIC HEARINGS
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."
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Gabreille Whelan, Town Attorney, presented the staff report.
Mayor Badame opened public comment.
Lee Fagot
- Shared his experience on a ride along to see who was violating the curfew law and stated
all the youths stopped were from other municipalities.
Mayor Badame closed public comment.
Council discussed the item.
MOTION: Motion by Mayor Badame to introduce an Ordinance in Attachment 2 amending the
Town’s Curfew Ordinance. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously by roll call vote.
COUNCIL/TOWN MANAGER REPORTS
Council Matters - Council Member Ristow stated she attended CalCities Call to Action Luncheon, Memorial
Day Ceremony, Chamber of Commerce Merchant Meeting, Romantiques’ 30th Anniversary
Celebration, and the Monday Morning Monthly Movie held by the Los Gatos Thrives
Foundation.
- Council Moore acknowledged the passing of Drew Gordon; stated he will participate in the
Library Summer Reading Challenge; attended the Los Gatos Education Foundation
Celebration for Deborah Weinstein, a Los Gatos Disaster Aid Response Team (DART) Team
meeting, a League of Cities Peninsula Division meeting, the Daves Avenue Culture Fair, the
Africa Day event hosted by AWO, the Silicon Valley at Home “Happy Housers” event, and a
Lion’s Club date night event; met with students affected by the passing of an individual in
an accident on Blossom Hill Road; and met with developers.
- Council Member Rennie stated he attended a Silicon Valley Clean Energy Oversight
Committee meeting.
- Vice Mayor Hudes stated he met with the Los Gatos Foundation for Older Adult to Thrives
Executive Committee and the Community Center Planning Committee meeting; announced
the upcoming Community Center Dreaming meeting and invited all to attend; attended a
Community Health and Senior Services Committee (CHSSC) meeting; participated in a
meeting with the Los Gatos Foundation for Older Adults to Thrive meeting; and met with
developer working on an older adults community called the Meadows.
- Mayor Badame stated she attended a League of Cities Peninsula Division meeting;
participated in Mayors and Managers of West Valley monthly meeting, a West Valley Solid
Waste Management Authority meeting; participated in the Memorial Day Ceremony; met
with Los Gatos-Saratoga Union High School District Superintendent; attended a Monday
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Morning Monthly Movie; and participated in the 8th grade promotional ceremony at
Hillbrook School.
Town Manager Matters
- Announced Symphony in the Park will be held on July 4, 2024, at Oak Meadow Park starting
at 10:30 a.m. and invited all to attend.
CLOSED SESSION REPORT
Gabreille Whelan, Town Attorney, stated the Town Council met in closed session to discuss
labor negotiations pursuant to Government Code §54957.6 and conference with legal counsel
regarding anticipated litigation pursuant to Government Code §54956.9(e)(3) there was no
reportable action for either item.
ADJOURNMENT The meeting adjourned at 10:47 p.m.
Respectfully Submitted:
_____________________________________
Jenna De Long, Deputy Town Clerk