Council Meeting
Regular MeetingLos Gatos, CA · June 6, 2023
Minutes
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
Minutes of the Town Council Meeting
Tuesday, June 6, 2023
The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing
teleconferencing means on Tuesday, June 6, 2023, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:06 P.M.
ROLL CALL
Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes,
Council Member Rob Moore, Council Member Rob Rennie.
Absent: None
PLEDGE OF ALLEGIANCE
Bella Khanal led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Ristow presented commendations to the outgoing Youth Commissioners.
The Youth Commission presented the Youth Friendly Business of the Year to Dolce Spazio and
the Youth Friendly Green Business of the Year to ETHOS.
A video regarding the accomplishments and activities of the Youth Commission was presented.
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated the Council met in closed session to discuss two items
of anticipated litigation. A previous report out commented that both items have been
continued; however only one item has been continued and there is no reportable action.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Council Member Moore stated June is LGBTQ+ Pride Month; attended the Leigh Longhorn
Stampede Annual 5K with San Jose Mayor Matt Mahan and Council Member Pam Foley and
presented awards to participants, several Ribbon Cuttings with Mayor Ristow, a Chamber
of Commerce Mixer, the Big Truck Day event, an AWO Affordable Housing Month Event,
the NUMU Art Now Showcase, the Los Gatos Lions Club Date Night at the Terraces, and an
informed citizen book club meeting.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
PAGE 2 OF 9
SUBJECT: Minutes of the Town Council Meeting of June 6, 2023
DATE: June 7, 2023
Council Matters – continued
- Vice Mayor Badame stated she attended the NUMU Art Now Awards Ceremony, the
Community Health and Senior Services meeting as a Council liaison, the West Valley
Mayors and Managers meeting for Mayor Ristow, the 20-year anniversary celebration of
the Assistance League of Los Gatos-Saratoga event, the Live Oak open house, and the
Shannon Road community meeting.
- Council Member Rennie stated he attended the CalCCA annual conference; helped staff the
Bike to Wherever Energizer Station; attended the Silicon Valley Clean Energy Authority
(SVCEA) Risk Oversight Committee and Executive Committee meetings; met with a
representative from Summerhill Homes, and the Community Health and Senior Services
Commission (CHSSC) Chair; and attended the Shannon Road community meeting.
- Council Member Hudes stated he met with members of the senior community and Chair of
CHSSC to discuss the implementation of the Senior Services Roadmap and potential new
senior foundation, Mayor and City Manager of Monte Sereno, and Mark Robson regarding
a future development; participated at the Los Gatos Memorial Park ceremony; met with
Chamber of Commerce to discuss the Senior Services Roadmap and foundation; and
observed the CHSSC commission meeting.
- Mayor Ristow attended Kiwanis 43rd Annual Special Games; helped with the final 5th grade
bike skills class; met with San Jose Council Member Pam Foley and staff from Los Gatos and
San Jose to discuss safety issues on Blossom Hill Road; attended the Los Gatos Memorial
Park ceremony; met with representatives from Summerhill Homes; attended several ribbon
cuttings including Salt and Straw and Live Oak Adult Services, the Shannon Road
community meeting, and the monthly beautification event; met with residents to discuss
several issues of concern; attended the Los Gatos Music and Arts Sounds of Summer
Festival; and spoke at Hillbrook 8th grade promotion.
Manager Matters
- Announced Summer Reading is underway and encouraged sign ups.
- Announced the Library will be closed on June 9 for a staff workday.
- Announced Town Administrative Offices will be closed June 19 in observance of the
Juneteenth holiday.
- Announced goats may be seen behind the Library next week in an effort to sustainably
manage the vegetation in the area.
- Announced the Housing Element Advisory Board meeting will be held at 7:00 p.m. on June
15 and invited the public to attend.
- On behalf of Gary Kohlsaat, announced that the Los Gatos Theatre received an award from
Art Deco of California for the preservation of Art Deco and the sign maker for the neon sign
won an award for his work on theatres throughout the Bay Area including the Los Gatos
Theatre.
- Introduced Assistant Town Manager Katy Nomura.
PAGE 3 OF 9
SUBJECT: Minutes of the Town Council Meeting of June 6, 2023
DATE: June 7, 2023
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Draft Minutes of the May 16, 2023, Town Council Meeting.
2. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner
Appointments.
3. Approve Town Council Meeting Schedule for the 2023/2024 Fiscal Year.
4. Authorize the Town Manager to Execute a First Amendment to a Consultant Services
Agreement with AMS Electric LLC (dba Prime Electric LLC) for a Design-Build Project to
Install a Battery Storage System at the Library (CIP 821-2502) to Extend the Term and Time
of Performance through June 30, 2024.
5. Authorize the Town Manager to Execute a First Amendment to the Agreement with Pacific
Water Art for Fountain Maintenance and Repair Services, Extending the Term to June 30,
2024, and to Add to the Compensation $46,495 for a Total Agreement Amount Not to
Exceed $253,505.
6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services
with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and Underground
Service Alert Locating Services to Include:
a. An Increase to the Contract Amount for Fiscal Year 2022/23 in the Amount of $53,381,
for a Fiscal Year Amount of $238,381 and a Total Agreement Amount Not to Exceed
$953,948; and
b. An Expenditure Budget Adjustment in the Amount of $53,381 from Available
Capital/Special Project Reserve.
7. Authorize the Town Manager to Execute a Revised Use Agreement with West Valley Red
Hawks Lacrosse Club.
8. Authorize the Town Manager to Accept the Holiday Light Displays as Donations to the Town
From the Los Gatos Chamber of Commerce.
9. Authorize the Town Manager to Execute a First Amendment to the Agreement for
Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide
Services as the “Acting Town Surveyor” for Various Land Development Mapping Services,
Extending the Term to June 30, 2024.
10. Authorize the Town Manager to Execute a Grant Agreement with KCAT for “The Producers”
55+ Volunteer Program for $100,000 and Authorize an Expenditure Budget Adjustment of
$100,000 from the Available General Fund in the Council Priorities Economic Recovery
Reserve.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Hudes to approve consent items 1-10. Seconded by
Council Member Moore.
VOTE: Motion passed unanimously.
PAGE 4 OF 9
SUBJECT: Minutes of the Town Council Meeting of June 6, 2023
DATE: June 7, 2023
VERBAL COMMUNICATIONS
Lynley Kerr Hogan
- Commented in opposition of the Drag Queen Story Time at the Library and shared an
experience from her childhood.
Ron Meyer
- Commented in opposition of the Drag Queen Story Time at the Library.
OTHER BUSINESS
11. Authorize the Town Manager to Close the Winchester Boulevard Complete Streets Project
(CIP No. 813-0238) and:
a. Request that VTA Reallocate Measure B $1,734,250 Funding;
b. Authorize an Expenditure Budget Transfer in an Amount of $169,000 from Available
General Fund Appropriated Reserve (GFAR) Funds in Project No. 813-0238 to Project No.
832-4505 - Los Gatos Creek Trail to Highway 9 Connector Project; and
c. Authorize an Expenditure Budget Transfer in an Amount of $432,926 from Available
GFAR Funds in Project No. 813-0238 to Project No. 813-0241 - Kennedy Sidewalk - Los
Gatos Boulevard.
Nicolle Burnham, Parks and Public Works Director, presented the item.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Vice Mayor Badame to authorize the Town Manager to close the
Winchester Boulevard Complete Streets Project (CIP No. 813-0238) and request that
VTA reallocate Measure B $1,734,250 funding; authorize an expenditure budget
transfer in an amount of $169,000 from available General Fund Appropriated
Reserve (GFAR) Funds in Project No. 813-0238 to Project No. 832-4505 - Los Gatos
Creek Trail to Highway 9 Connector Project; and authorize an expenditure budget
transfer in an amount of $432,926 from available GFAR Funds in Project No. 813-
0238 to Project No. 813-0241 - Kennedy Sidewalk - Los Gatos Boulevard. Seconded
by Council Member Hudes.
VOTE: Motion passed by a unanimous vote.
PAGE 5 OF 9
SUBJECT: Minutes of the Town Council Meeting of June 6, 2023
DATE: June 7, 2023
12. Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9 Trailhead
Connector Project (CIP No. 832-4505) and take the following actions:
a. Authorize the Town Manager to Execute Supplement 2 to the Agreement for One Bay
Area Grant Program (OBAG II) Grant Funds for Total Compensation of $6,193,000 from
the Department of Transportation (Caltrans); and
b. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $2,842,000
to Recognize the Receipt and the Spending of the Additional OBAG II Grant; and
c. Adopt a Resolution Authorizing Receipt of $68,884 from the Transportation
Development Act Article 3 (TDA3) Funding Program RESOLUTION 2023-031; and
d. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $68,884 to
Recognize the Receipt and the Spending of the TDA3 Funding.
Nicolle Burnham, Parks and Public Works Director, presented the item.
Opened public comment.
Lee Fagot
- Commented on concerns with the total cost of the project and suggested building one
ramp instead of two to reduce costs.
Closed public comment.
Council discussed the matter.
MOTION: Motion by Council Member Rennie to approve a funding plan for construction of
the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-
4505) and take the following actions: authorize the Town Manager to execute
Supplement 2 to the agreement for One Bay Area Grant Program (OBAG II) Grant
Funds for total compensation of $6,193,000 from the Department of Transportation
(Caltrans); and authorize revenue and expenditure budget adjustments in the
amount of $2,842,000 to recognize the receipt and the spending of the additional
OBAG II Grant; and adopt a resolution authorizing receipt of $68,884 from the
Transportation Development Act Article 3 (TDA3) Funding Program; and authorize
revenue and expenditure budget adjustments in the amount of $68,884 to recognize
the receipt and the spending of the TDA3 Funding. Seconded by Council Member
Hudes.
VOTE: Motion passed by a unanimous vote.
Recess 8:27 p.m.
Reconvene 8:35 p.m.
PAGE 6 OF 9
SUBJECT: Minutes of the Town Council Meeting of June 6, 2023
DATE: June 7, 2023
PUBLIC HEARINGS
13. Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2023/24
Operating Budget and FY 2023/24 – 2027/28 Capital Improvement Program
(CIP), New Appropriations, Additional Council Actions on May 16, 2023;
American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry Forward
Appropriations. RESOLUTION 2023-032
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54.
RESOLUTION 2023-033
c. Approve FY 2022/23 Budget Adjustments:
1. Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by
the Town Council on May 16, 2023 and as Determined from Updated Information
i. Property Tax revenue Increase in the Amount of $140,000,
ii. Educational Realignment Augmentation Fund (ERAF) Revenue Increase in the
Amount of $818,891.60 and Reserve 30% (689,607.60) of the Total Proceeds
($2,298,691.60) in an ERAF Risk Reserve,
iii. Transient Occupancy Tax Increase in the Amount of $348,547,
iv. Interest Revenue Increase in the Amount of $237,074,
v. Sales Tax Revenue Increase in the Amount of $121,878 ($124,851 Increase in
Regular Sales Tax and $2,973 Decrease in Measure G Sales Tax),
vi. Business License Tax Revenue Decrease in the Amount of $133,890,
vii. Plan Check Pass Through Service Revenue Increase in the Amount of $125,000,
viii. Map Plan Check Pass Through Service Revenue Increase in the Amount of
$120,000,
ix. OPEB Trust Withdrawal Revenue Decrease in the Amount of $902,579 as Current
Year End Estimates FY 2022/23 Surplus,
x. Recognize $140,195 General Fund Salary Reimbursement for Capital
Improvement Staff Work,
xi. Recognize Additional Police Foundation Donation Received in the Amount of
$50,195, and
xii. Recognize up to $20,000 General Fund Salary Reimbursement for Enterprise
Resource Upgrade Project Staff Work.
2. Expenditure Increases:
i. In the Amount of $140,195 for General Fund Salary Reimbursement for Capital
Improvement Staff Work,
ii. In the Amount of $125,000 for Plan Checking Pass Though Services,
iii. In the Amount of $100,000 for Map Plan Checking Pass Though Services,
iv. In the Amount of $50,195 to Authorize the Spending the Additional Police
Foundation Donation Received,
v. In the Amount of $32,000 to Cover Third Party Business License Administrator
Services, and
PAGE 7 OF 9
SUBJECT: Minutes of the Town Council Meeting of June 6, 2023
DATE: June 7, 2023
Public Hearing Item #13 – continued
vi. In the Amount of up to $20,000 General Fund Salary Reimbursement for
Enterprise Resource Upgrade Staff Work.
3. Approve American Rescue Plan Act (ARPA) Replacement Revenue Tracking Pass
Through Revenue and Expenditures Budget Adjustments in the Amount of $453,465.
Gitta Ungvari, Finance Director, presented the item.
Opened public comment.
Lee Fagot
- Commented on safety concerns on Blossom Hill Road near Blossom Hill Park, requested
additional Police enforcement in that area and that the Town use any savings from the
Capital Improvement Program (CIP) for speed reduction improvements on Blossom Hill
Road.
Closed Public Comment.
Council discussed the matter.
MOTION: Motion by Council Member Rennie to approve staff’s recommendations on the
Operating and Capital Budgets which is:
a. Adopt a resolution approving the Town of Los Gatos fiscal year (FY) 2023/24
Operating Budget and FY 2023/24 – 2027/28 Capital Improvement Program
(CIP), new appropriations, additional Council actions on May 16, 2023; American
Rescue Plan Act budget adjustment, minor corrections, and carry forward
appropriations.
b. Adopt a resolution approving commitment of fund balances under GASB 54.
c. Approve FY 2022/23 budget adjustments:
1. Major revenue adjustments to match year-end estimated revenues as
directed by the Town Council on May 16, 2023 and as determined from
updated information
i. Property Tax revenue increase in the amount of $140,000,
ii. Educational Realignment Augmentation Fund (ERAF) revenue increase in
the amount of $818,891.60 and reserve 30% (689,607.60) of the total
proceeds ($2,298,691.60) in an ERAF risk reserve,
iii. Transient Occupancy Tax increase in the amount of $348,547,
iv. Interest revenue increase in the amount of $237,074,
v. Sales Tax revenue increase in the amount of $121,878 ($124,851 increase
in regular sales tax and $2,973 decrease in Measure G sales tax),
vi. Business License Tax revenue decrease in the amount of $133,890,
PAGE 8 OF 9
SUBJECT: Minutes of the Town Council Meeting of June 6, 2023
DATE: June 7, 2023
vii. Plan Check Pass Through Service revenue increase in the amount of
$125,000,
viii. Map Plan Check Pass Through Service revenue increase in the amount of
$120,000,
ix. OPEB Trust withdrawal revenue decrease in the amount of $902,579 as
current year end estimates FY 2022/23 surplus,
x. Recognize $140,195 General Fund salary reimbursement for Capital
Improvement staff work,
xi. Recognize additional Police Foundation donation received in the amount
of $50,195, and
xii. Recognize up to $20,000 General Fund salary reimbursement for
Enterprise Resource Upgrade Project staff work.
2. Expenditure Increases:
i. In the amount of $140,195 for General Fund salary reimbursement for
Capital Improvement staff work,
ii. In the amount of $125,000 for plan checking pass though services,
iii. In the amount of $100,000 for map plan checking pass though services,
iv. In the amount of $50,195 to authorize the spending the additional Police
Foundation donation received,
v. In the amount of $32,000 to cover third party business license
administrator services, and
vi. In the amount of up to $20,000 General Fund salary reimbursement for
Enterprise Resource Upgrade staff work.
3. Approve American Rescue Plan Act (ARPA) replacement revenue tracking
pass through revenue and expenditures budget adjustments in the amount
of $453,465. Seconded by Council Member Hudes.
VOTE: Motion passed by a unanimous vote.
OTHER BUSINESS
14. Provide Direction on Terms and Authorize the Town Manager to Execute a Use Agreement
with Los Gatos-Saratoga Community Education and Recreation.
Nicolle Burnham, Parks and Public Works Director, presented the item.
Opened public comment.
Nancy Rollett, Los Gatos-Saratoga Recreation
- Commented in support of the two requests for fee waivers, stated in their experience
pickle ball participants are always over the age of 55, and explained their system does not
have the capability to charge facilities fees.
PAGE 9 OF 9
SUBJECT: Minutes of the Town Council Meeting of June 6, 2023
DATE: June 7, 2023
Other Business Item #14 – continued
Closed public comment.
Council discussed the matter.
MOTION: Motion by Council Member Moore to adopt the annual park use fees as
recommended by Town staff ($15,500). Seconded by Mayor Ristow.
VOTE: Motion passed 4-1. Vice Mayor Badame voted no.
MOTION: Motion by Council Member Moore to approve staff’s recommendation of the
annual facility maintenance fee ($4/attendee per session). Seconded by Mayor
Ristow.
VOTE: Motion passed unanimously.
MOTION: Motion by Mayor Ristow to authorize the Town Manager to execute the Use
Agreement with Los Gatos-Saratoga Community Education and Recreation with the
previously approved provisions. Seconded by Council Member Moore.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 9:34 p.m.
Respectfully Submitted:
_____________________________________
/s/ Jenna De Long, Deputy Clerk
Agenda
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
JUNE 06, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
PARTICIPATION IN THE PUBLIC PROCESS
Maria Ristow, Mayor
Mary Badame Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
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 follow the participation instructions on page 2 of this agenda. If you wish to speak
to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by
following the participation instructions on page 2 of this agenda. The time allocated to speakers
may change to better facilitate 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 limited 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
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 Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
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 1
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
JUNE 06, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
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 the Zoom webinar application (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.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this
URL to join: https://losgatosca-
gov.zoom.us/j/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09
Passcode: 771495 You can also type in X in the “Join a Meeting” page on the Zoom
website at https://zoom.us/join.
o 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.
Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651
0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise
your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card”
located on the back of the chamber benches and return it to the Town Clerk. If you wish
to speak to an item on the agenda, please list the item number. If you wish to speak on
an item NOT on the agenda, please list the subject and you may speak during the
“Verbal Communications” period. The time allocated to speakers may change to better
facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of
residence. This identifying information is optional and not a requirement for participation. Please
limit your comments to three (3) minutes, or such other time as the Mayor may decide,
consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item
or items on the Consent Calendar, please state which item number(s) you are commenting on at
the beginning of your time.
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) or “Verbal
Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting
Page 2
will be reviewed and distributed before the meeting. All comments received will become part of
the record.
MEETING CALL 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)).
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow
the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council Meeting without first being recognized;
· Interrupting speakers, Town Council Meeting, or Town staff;
· Continuing to speak after the allotted time has expired;
· Failing to relinquish the microphone when directed to do so;
· Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another
speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Outgoing Youth Commissioner Commendations
ii. Youth Friendly Business of the Year
iii. Youth Friendly Green Business of the Year
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
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 2 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when
the item will be heard.)
1. Approve the Draft Minutes of the May 16, 2023, Town Council Meeting.
2. Ratify the Town Council Selection Committee’s Recommended Youth Commissioner
Appointments.
3. Approve Town Council Meeting Schedule for the 2023/2024 Fiscal Year.
Page 3
4. Authorize the Town Manager to Execute a First Amendment to a Consultant Services
Agreement with AMS Electric LLC (dba Prime Electric LLC) for a Design-Build Project to
Install a Battery Storage System at the Library (CIP 821-2502) to Extend the Term and
Time of Performance through June 30, 2024.
5. Authorize the Town Manager to Execute a First Amendment to the Agreement with
Pacific Water Art for Fountain Maintenance and Repair Services, Extending the Term to
June 30, 2024, and to Add to the Compensation $46,495 for a Total Agreement Amount
Not to Exceed $253,505.
6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for
Services with St. Francis Electric, Inc. for Traffic Signal and Streetlight Maintenance and
Underground Service Alert Locating Services to Include:
a. An Increase to the Contract Amount for Fiscal Year 2022/23 in the Amount of
$53,381, for a Fiscal Year Amount of $238,381 and a Total Agreement Amount Not
to Exceed $953,948; and
b. An Expenditure Budget Adjustment in the Amount of $53,381 from Available
Capital/Special Project Reserve.
7. Authorize the Town Manager to Execute a Revised Use Agreement with West Valley Red
Hawks Lacrosse Club.
8. Authorize the Town Manager to Accept the Holiday Light Displays as Donations to the
Town From the Los Gatos Chamber of Commerce.
9. Authorize the Town Manager to Execute a First Amendment to the Agreement for
Consultant Services with Kier and Wright Civil Engineers and Surveyors, Inc. to Provide
Services as the “Acting Town Surveyor” for Various Land Development Mapping
Services, Extending the Term to June 30, 2024.
10. Authorize the Town Manager to Execute a Grant Agreement with KCAT for “The
Producers” 55+ Volunteer Program for $100,000 and Authorize an Expenditure Budget
Adjustment of $100,000 from the Available General Fund in the Council Priorities-
Economic Recovery Reserve.
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.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
11. Authorize the Town Manager to Close the Winchester Boulevard Complete Streets
Project (CIP No. 813-0238) and:
a. Request that VTA Reallocate Measure B $1,734,250 Funding;
b. Authorize an Expenditure Budget Transfer in an Amount of $169,000 from Available
General Fund Appropriated Reserve (GFAR) Funds in Project No. 813-0238 to Project
No. 832-4505 - Los Gatos Creek Trail to Highway 9 Connector Project; and
c. Authorize an Expenditure Budget Transfer in an Amount of $432,926 from Available
GFAR Funds in Project No. 813-0238 to Project No. 813-0241 - Kennedy Sidewalk -
Los Gatos Boulevard.
Page 4
12. Approve a Funding Plan for Construction of the Los Gatos Creek Trail to Highway 9
Trailhead Connector Project (CIP No. 832-4505) and take the following actions:
a. Authorize the Town Manager to Execute Supplement 2 to the Agreement for
One Bay Area Grant Program (OBAG II) Grant Funds for Total Compensation of
$6,193,000 from the Department of Transportation (Caltrans); and
b. Authorize Revenue and Expenditure Budget Adjustments in the Amount of
$2,842,000 to Recognize the Receipt and the Spending of the Additional OBAG II
Grant; and
c. Adopt a Resolution Authorizing Receipt of $68,884 from the Transportation
Development Act Article 3 (TDA3) Funding Program; and
d. Authorize Revenue and Expenditure Budget Adjustments in the Amount of
$68,884 to Recognize the Receipt and the Spending of the TDA3 Funding.
PUBLIC HEARINGS (Members of the public may be allotted up to three minutes to comment on
any public hearing item. Items requested/recommended for continuance are subject to Council’s
consent at the meeting.)
13. Operating and Capital Budgets
a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2023/24
Operating Budget and FY 2023/24 – 2027/28 Capital Improvement Program
(CIP), New Appropriations, Additional Council Actions on May 16, 2023;
American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry-
Forward Appropriations.
b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54.
c. Approve FY 2022/23 Budget Adjustments:
1. Major Revenue Adjustments to Match Year-End Estimated Revenues as
Directed by the Town Council on May 16, 2023 and as Determined from
Updated Information
i. Property Tax revenue Increase in the Amount of $140,000,
ii. Educational Realignment Augmentation Fund (ERAF) Revenue
Increase in the Amount of $818,891.60 and Reserve 30% (689,607.60)
of the Total Proceeds ($2,298,691.60) in an ERAF Risk Reserve,
iii. Transient Occupancy Tax Increase in the Amount of $348,547,
iv. Interest Revenue Increase in the Amount of $237,074,
v. Sales Tax Revenue Increase in the Amount of $121,878 ($124,851
Increase in Regular Sales Tax and $2,973 Decrease in Measure G Sales
Tax),
vi. Business License Tax Revenue Decrease in the Amount of $133,890,
vii. Plan Check Pass Through Service Revenue Increase in the Amount of
$125,000,
viii. Map Plan Check Pass Through Service Revenue Increase in the
Amount of $120,000,
ix. OPEB Trust Withdrawal Revenue Decrease in the Amount of $902,579
as Current Year End Estimates FY 2022/23 Surplus,
x. Recognize $140,195 General Fund Salary Reimbursement for Capital
Improvement Staff Work,
xi. Recognize Additional Police Foundation Donation Received in the
Amount of $50,195, and
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xii. Recognize up to $20,000 General Fund Salary Reimbursement for
Enterprise Resource Upgrade Project Staff Work.
2. Expenditure Increases:
i. In the Amount of $140,195 for General Fund Salary Reimbursement
for Capital Improvement Staff Work,
ii. In the Amount of $125,000 for Plan Checking Pass Though Services,
iii. In the Amount of $100,000 for Map Plan Checking Pass Though
Services,
iv. In the Amount of $50,195 to Authorize the Spending the Additional
Police Foundation Donation Received,
v. In the Amount of $32,000 to Cover Third Party Business License
Administrator Services, and
vi. In the Amount of up to $20,000 General Fund Salary Reimbursement
for Enterprise Resource Upgrade Staff Work.
3. Approve American Rescue Plan Act (ARPA) Replacement Revenue Tracking
Pass Through Revenue and Expenditures Budget Adjustments in the Amount
of $453,465.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
14. Provide Direction on Terms and Authorize the Town Manager to Execute a Use
Agreement with Los Gatos-Saratoga Community Education and Recreation.
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: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council
must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.
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