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Agenda Page 1 of 4 TOWN OF LOS GATOS TOWN COUNCIL MEETING FEBRUARY 19, 2019 110 EAST MAIN STREET LOS GATOS, CA PARTICIPATION IN THE PUBLIC PROCESS How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Clerk Administrator. If you wish to speak to an item NOT on the agenda, you may do so during the “Verbal Communications” period. The time allocated to speakers may change to better facilitat e the Town Council meeting. Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not li mited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject. Deadlines for Public Comment and Presentations are as follows: • Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting. • Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows: o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting Steve Leonardis, Mayor Marcia Jensen, Vice Mayor Rob Rennie, Council Member Marico Sayoc, Council Member Barbara Spector, Council Member Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m. Rebroadcast of Town Council Meetings on the 2nd and 4th Mondays at 7:00 p.m. Live & Archived Council Meetings can be viewed by going to: www.losgatosca.gov/Councilvideos IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104] Page 2 of 4 TOWN OF LOS GATOS TOWN COUNCIL MEETING FEBRUARY 19, 2019 7:00 PM MEETING CALLED TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Community Pledge Leader - Bob and Susan Buxton PRESENTATIONS Small Business, Big Applause - Happy Dragon CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) (Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action. Unless there are separate discussions and/or actions requested by Council, staff, or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously.) 1. Approve Closed Session minutes of February 5, 2019. 2. Approve Council minutes of February 5, 2019. 3. Receive the Second Quarter Investment Report (October through December) for Fiscal Year 2018/19. 4. Annexation Application AN 18-002. Project Location: 15760 El Gato Lane. Property Owner/Applicant: Michael and Kathryn Marchak. Adopt a resolution making determinations and approving the reorganization of an uninhabited area designated as El Gato Lane No. 3, approximately 0.19 acres on property pre -zoned R-1:8. APN 532-27-048. 5. Adopt an Ordinance of the Town of Los Gatos adding Article XIV to Chapter 14 of the Los Gatos Town Code entitled Short-Term Rentals. 6. Los Gatos Creek Trail to Highway 9 Connector Project application to Safe Clean Water and Natural Flood Protection Grant Program a. Adopt a resolution authorizing application for grant funds under the Safe, Clean Water and Natural Flood Protection Program of 2012 for the Los Gatos Creek Trail to Highway 9 Connector Project. b. Authorize the Town Manager to negotiate and execute a grant agreement with the Sant a Clara Valley Water District. Page 3 of 4 CONSENT ITEMS (Continued) 7. Fiscal Year 2018/19 Mid-Year Budget Performance Report – Six Months ending December 31, 2018 a. Receive FY 2018/19 Mid-Year Budget Performance Report; b. Authorize budget adjustments as recommended in the Mid-Year Budget Performance Report. 8. Measure B Complete Streets Requirements and Funding Agreements a. Adopt a resolution adopting a Complete Streets Policy for the Town of Los Gatos. b. Authorize the Town Manager to enter into all Measure B funding agreements with the Santa Clara Valley Transportation Authority (VTA). 9. Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion accepting the work of MCK Services and authorize recording by the Town Clerk for PPW Job No. 17-811-9901 Annual Street Repair and Resurfacing Project. 10. PPW Job Number 18-811-9901 Annual Street Repair and Resurfacing Project (Rubber Cape Seal) a. Authorize contract award to the project low bidder, American Pavement Systems, in an amount not to exceed $1,053,800, including a ten percent construction contingency. b. Authorize staff to execute potential change orders within the ten percent construction contingency. c. Recognize $414,061 of project reimbursements and authorize a revenue and expenditure budget adjustment of $414,061 to the Annual Street Repair and Resurfacing Project. d. Authorize a revenue decrease of $178,000 in Gas Tax revenue to the Annual Street Repair and Resurfacing Project. e. Authorize a revenue increase of $10,650 in GFAR revenue to the Annual Street Repair and Resurfacing Project. VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. 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.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of ten minutes maximum for opening statements. Members of the public may be allotted up to th ree minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.) 11. Conditional Use Permit Application U-18-020. Project Location: 114 S. Santa Cruz Avenue. Property Owner: 102 S. Santa Cruz, LP. Applicant: Brian Edwards. Requesting approval for a restaurant with beer and wine service (Hapa's Brewing Co.) on property zoned C-2. APN 510-45-061. Page 4 of 4 OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 12. Discuss the Five-Year Forecast and other budget assumptions that are the foundation for the Town's budget. COUNCIL/TOWN MANAGER REPORTS ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time) Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.