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Council Meeting

Regular Meeting

Los Gatos, CA · January 21, 2020

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 02/04/2020 COUNCIL AGENDA REPORT ITEM NO: 2 Minutes of the Town Council Meeting January 21, 2020 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Tuesday, January 21, 2020, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marcia Jensen, Vice Mayor Barbara Spector, Council Member Rob Rennie, Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Robert Stanley led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Jensen presented a Community Champion certificate to Rob Stump for his work organizing his neighborhood for wildfire evacuation. Mayor Jensen presented commendations to outgoing Board, Commission, and Committee Commissioners. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Rennie stated he attended a Highway 17 Roundtable at Senator Beall’s office, the Valley Transportation Authority (VTA) Board meeting and route redesign opening, the Silicon Valley Clean Energy Authority (SVCEA) Board, Risk Oversight, and Finance Committee meetings, a lunch with SPUR; and performed a ribbon cutting for Embodied Recovery. - Vice Mayor Spector stated she attended the West Valley Sanitation District Board of Directors meeting. - Council Member Sayoc announced the League of Cities is hosting a housing forum on January 29, 2020. - Mayor Jensen stated she attended the VTA Policy Advisory Committee meeting. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 7 SUBJECT: Minutes of the Town Council Meeting of January 21, 2020 DATE: January 22, 2020 Manager Matters - Announced the Highway 17 Shaded Fuel Break project has resumed, and traffic will be impacted Monday through Thursdays, 9 a.m. to 3 p.m. - Announced the Library is offering over 500 programs January through May, including Facebook Live Storytime and Girls Who Code. - Announced a short community survey is available on the Town’s website for the public to provide input on the budget. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Special Meeting Minutes of December 17, 2019. 2. Approve Council Meeting Minutes of December 17, 2019. 3. Adopt an Ordinance of the Town of Los Gatos Amending Chapter 16, Article I, Section 16.20.035, Construction. ORDINANCE 2300 4. Authorize the Town Manager to Enter into an Agreement with ZAG Technical Services (ZAG) in an Amount Not to Exceed $500,000 for Network Security Improvements and Professional Services. 5. Authorize the Town Manager to Take the Following Actions a. Enter into an Agreement with the County of Santa Clara for the Acceptance of Emergency Management Performance Grant (EMPG) Funds in the Amount of $10,800, and b. Authorize a General Fund Revenue and Expenditure Budget Adjustments in the Amount of $10,800 to Receive and Spend the Grant. 6. Authorize the Town Manager to Execute an Agreement with Liebert Cassidy Whitmore to Perform Labor and Employment Relations Assistance in an Amount Not to Exceed $165,000. 7. Authorize the Following Actions for Two Annual Street Repair and Resurfacing Projects (19- 811-9901): Slurry Seal/Rubber Cape Seal and Asphalt Overlay a. Approve the Plans and Specifications for Both Projects; b. Authorize the Town Manager to Advertise Both Projects for Bid; c. Authorize the Town Manager to Award and Execute Construction Agreements in an Amount not to Exceed $4,708,000 for the Total Combined Cost of Both Projects, Including Contingencies and Change Orders; d. Authorize Staff to Execute Future Change Orders in an Amount not to Exceed Ten Percent of the Contract Award Amount for Both Projects; e. Authorize the Town Manager to Execute a Project Cost Sharing Agreement with the City of Monte Sereno for the Slurry Seal of the City’s Section of Bicknell Road; and f. Authorize Revenue and Expenditure Budget Adjustments in the Street Repair & Resurfacing Project (811-9901) in the amount of $241,865 for Recognizing Prior Reimbursements and Anticipated Reimbursements and Spending the Received Funds. PAGE 3 OF 7 SUBJECT: Minutes of the Town Council Meeting of January 21, 2020 DATE: January 22, 2020 Consent Items – continued 8. Authorize the Following Actions for PPW Project No. 816-0413, Stormwater Master Plan: a. Approve an Agreement for Consultant Services with NCE Consultants for Development of a Town Stormwater Master Plan in a not to exceed amount of $200,000, and b. Approve an Expenditure Budget Adjustment – in the amount of $30,000 from the Town’s available Storm Drain Funds. MOTION: Motion by Council Member Sayoc to approve the Consent Items. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Gayle Bloom, Live Oak Adult Day Services Program Director - Provided information on the program and announced an open house on February 13, 2020 from 4:30 to 6:30 p.m. at 111 Church Street, Room 7, Los Gatos. Lisa Lenoci, Live Oak Adult Day Services Program Director - Commented on the program and thanked the Town for their support and for providing a grant. Ann Peterson, Live Oak Adult Day Services Executive Director - Commented on the program and encouraged all to attend the open house. PUBLIC HEARINGS 9. Open and Close a Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2020 Weed Abatement Program Commencement Report and Order the Abatement. Stefanie Hockemeyer, Executive Assistant, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. Council discussed the matter. PAGE 4 OF 7 SUBJECT: Minutes of the Town Council Meeting of January 21, 2020 DATE: January 22, 2020 Public Hearing Item #9 – continued MOTION: Motion by Council Member Sayoc to consider objections to the proposed abatement of hazardous vegetation (weeds) for properties listed on the 2020 Weed Abatement Program Commencement Report (Attachment 1), order the abatement, note the voluntary compliance of 16931 Blossom Hill Road, and direct staff to contact the property owner of 16931 Blossom Hill Road to explain why they are remaining on the list and what they can do to prevent further assessments. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. 10. Introduce an Ordinance, by Title Only, Effecting an Amendment to: a. Chapter 9 (Fire Prevention and Protection) of the Town Code regarding Defensible Space regulations. b. Chapter 11 (Garbage, Refuse and Weeds) of the Town Code regarding Weed Abatement regulations. c. Chapter 29 (Tree Protection) of the Town Code regarding exemptions for Defensible Space. Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. Rob Stump - Commented in support of the proposed code amendments. Mike Shields - Commented in support of the amendments to Chapter 9. Dave Weissman - Commented in support of defensible space; inquired about what to do about screening trees in architecture and site applications and screening trees that have already been approved with prior applications, and made suggestions for mitigating the conflict between policies, procedures, and the amendment to Chapter 29. Closed Public Comment. Council discussed the matter. PAGE 5 OF 7 SUBJECT: Minutes of the Town Council Meeting of January 21, 2020 DATE: January 22, 2020 Public Hearing Item #10 – continued MOTION: Motion by Council Member Sayoc to introduce an ordinance by title only, effecting an amendment to Chapter 9 (Fire Prevention and Protection) of the Town Code regarding Defensible Space regulations. Seconded by Council Member Spector. VOTE: Motion passed unanimously. The Town Clerk read the title of the ordinance. MOTION: Motion by Council Member Sayoc introduce an ordinance by title only, effecting an amendment to Chapter 11 (Garbage, Refuse and Weeds) of the Town Code regarding Weed Abatement regulations. Seconded by Council Member Spector. VOTE: Motion passed unanimously. The Town Clerk read the title of the ordinance. MOTION: Motion by Council Member Sayoc to introduce an ordinance by title only, effecting an amendment to Chapter 29 (Tree Protection) regarding exemptions for Defensible Space, and staff to work through implementation with regards to policies and procedures. Seconded by Council Member Spector. VOTE: Motion passed unanimously. The Town Clerk read the title of the ordinance. OTHER BUSINESS 11. Receive a Report on How Vehicle Miles Travelled and Level of Service Analysis Will Work Together in Shaping Future Development Projects. Matt Morley, Parks and Public Works Director, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. Council discussed the matter. PAGE 6 OF 7 SUBJECT: Minutes of the Town Council Meeting of January 21, 2020 DATE: January 22, 2020 12. Discuss the Five-Year Forecast, Provide Direction on the Other Budget Assumptions, and Provide any Specific Direction for the Preparation of the Town’s Fiscal Year 2020/21 Operating and Capital Budgets. Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. Rick Tinsley - Read a statement on behalf of Terry Duryea requesting that Council direct staff to adopt the Government Finance Officers Association (GFOA) best practices for effective budgeting of salary and wages. Rick Tinsley - Made three suggestions for the five-year forecast report: incorporating the history, a functional breakdown of salaries, and realistic salary forecasts into the budget. Heidi Owens - Commented there is a schools and communities first ballot initiative that, if passed, may increase commercial property tax revenues and asked how that would affect the budget and the fire service contract cost. Lee Fagot - Commented in favor of the suggestions made by Mr. Duryea and Mr. Tinsley and suggested the Council Finance Committee be increased to five residents to allow them to assist in the budgeting process. Closed Public Comment. Council discussed the matter and provided the following direction: - Incorporate clearer language regarding the narrative for salary variables - Prioritize and focus on certain line items in the Parking Study (i.e. employee parking, residential parking for at risk areas for safety) - Look into providing grants for wildfire mitigation from the $4 million unallocated funds - Look into battery capacity for Town facilities during power shut offs - Use some of the unallocated funds for future CIP projects PAGE 7 OF 7 SUBJECT: Minutes of the Town Council Meeting of January 21, 2020 DATE: January 22, 2020 13. Discontinue Efforts Towards a Roundabout Design on South Santa Cruz Avenue at Wood Road. Lisa Petersen, Parks and Public Works Assistant Director/Town Engineer, presented the staff report. Opened Public Comment. Maria Ristow - Commented in support of the staff recommendation in the staff report. Catherine Somers, Los Gatos Chamber of Commerce Executive Director - Commented in support of the staff recommendation in the staff report and suggested the Town consider hiring an urban planner to design the downtown streets. Closed Public Comment. Council discussed the matter. MOTION: Motion by Mayor Jenson to discontinue efforts towards a roundabout design on South Santa Cruz Avenue at Wood Road. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 9:48 p.m. Attest: _____________________________________ /s/ Shelley Neis, Town Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA JANUARY 21, 2020 110 EAST MAIN STREET LOS GATOS, CA Marcia Jensen, Mayor Barbara Spector, Vice Mayor Rob Rennie, Council Member Marico Sayoc, Council Member PARTICIPATION IN THE PUBLIC PROCESS Vacant, 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 complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Council. 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 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 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 1 TOWN OF LOS GATOS COUNCIL MEETING AGENDA – AMENDED* JANUARY 21, 2020 7:00 PM MEETING CALLED TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE i. Community Pledge Leader - Robert Stanley PRESENTATIONS i. Community Champion ii. Adult Commissioner End of Term Commendations *CLOSED SESSION REPORT COUNCIL / MANAGER MATTERS CONSENT ITEMS (Items appearing on the Consent Items 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 Items for comment and action. If an item is pulled, the Mayor has the sole discretion to determine when the item will be heard. 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 Items be acted on simultaneously.) 1. Approve Council Special Meeting Minutes of December 17, 2019. 2. Approve Council Meeting Minutes of December 17 2019. 3. Adopt an Ordinance of the Town of Los Gatos Amending Chapter 16, Article I, Section 16.20.035, Construction. 4. Authorize the Town Manager to Enter into an Agreement with ZAG Technical Services (ZAG) in an Amount Not to Exceed $500,000 for Network Security Improvements and Professional Services. 5. Authorize the Town Manager to Take the Following Actions a. Enter into an Agreement with the County of Santa Clara for the Acceptance of Emergency Management Performance Grant (EMPG) Funds in the Amount of $10,800, and b. Authorize a General Fund Revenue and Expenditure Budget Adjustments in the Amount of $10,800 to Receive and Spend the Grant. 6. Authorize the Town Manager to Execute an Agreement with Liebert Cassidy Whitmore to Perform Labor and Employment Relations Assistance in an Amount Not to Exceed $165,000. 7. Authorize the Following Actions for Two Annual Street Repair and Resurfacing Projects (19-811-9901): Slurry Seal/Rubber Cape Seal and Asphalt Overlay a. Approve the Plans and Specifications for Both Projects; b. Authorize the Town Manager to Advertise Both Projects for Bid; Page 2 c. Authorize the Town Manager to Award and Execute Construction Agreements in an Amount not to Exceed $4,708,000 for the Total Combined Cost of Both Projects, Including Contingencies and Change Orders; d. Authorize Staff to Execute Future Change Orders in an Amount not to Exceed Ten Percent of the Contract Award Amount for Both Projects; e. Authorize the Town Manager to Execute a Project Cost Sharing Agreement with the City of Monte Sereno for the Slurry Seal of the City’s Section of Bicknell Road; and f. Authorize Revenue and Expenditure Budget Adjustments in the Street Repair & Resurfacing Project (811-9901) in the amount of $241,865 for Recognizing Prior Reimbursements and Anticipated Reimbursements and Spending the Received Funds. 8. Authorize the Following Actions for PPW Project No. 816-0413, Stormwater Master Plan: a. Approve an Agreement for Consultant Services with NCE Consultants for Development of a Town Stormwater Master Plan in a not to exceed amount of $200,000, and b. Approve an Expenditure Budget Adjustment – in the amount of $30,000 from the Town’s available Storm Drain Funds. 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 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.) 9. Open and Close a Public Hearing to Consider Objections to the Proposed Abatement of Hazardous Vegetation (Weeds) for Properties Listed on the 2020 Weed Abatement Program Commencement Report and Order the Abatement. 10. Introduce an Ordinance, by Title Only, Effecting an Amendment to: a. Chapter 9 (Fire Prevention and Protection) of the Town Code regarding Defensible Space regulations. b. Chapter 11 (Garbage, Refuse and Weeds) of the Town Code regarding Weed Abatement regulations. c. Chapter 29 (Tree Protection) of the Town Code regarding exemptions for Defensible Space. Page 3 OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 11. Receive a Report on How Vehicle Miles Travelled and Level of Service Analysis Will Work Together in Shaping Future Development Projects. 12. Discuss the Five-Year Forecast, Provide Direction on the Other Budget Assumptions, and Provide any Specific Direction for the Preparation of the Town’s Fiscal Year 2020/21 Operating and Capital Budgets. 13. Discontinue Efforts Towards a Roundabout Design on South Santa Cruz Avenue at Wood Road. 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. Page 4

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