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Council Meeting

Regular Meeting

Los Gatos, CA · June 2, 2020

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 6/16/2020 COUNCIL AGENDA REPORT Minutes of the Town Council Meeting June 2, 2020 The Town Council of the Town of Los Gatos conducted a regular meeting via Teleconference, due to COVID-19 Shelter in Place guidelines, on Tuesday, June 2, 2020, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marcia Jensen (remote participant), Vice Mayor Barbara Spector (remote participant), Council Member Rob Rennie (remote participant), Council Member Marico Sayoc (remote participant). Absent: None PRESENTATIONS i. Outgoing Youth Commissioners ii. Youth Commission Business of the Year and Green Business of the Year iii. Library Phases COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Rennie attended the remote Valley Transportation Authority (VTA) Capital Projects Committee and Congestion Management Committee, continued to work with West Valley Community Services, and continued to deliver meals with Live Oak Nutrition. - Council Member Sayoc stated she attended League of California Cities (LCC) and Cities Association meetings. - Vice Mayor Spector stated she attended the West Valley Solid Waste board meeting. - Mayor Jensen stated she is working with other elected officials in response to the COVID-19 Public Health Orders, and she attended Santa Clara County Health meetings. Manager Matters - Commented that the new Public Health Order allows outdoor dining and in-shop retail. Encouraged businesses to contact Economic Vitality Manager Monica Renn with any questions. 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 June 2, 2020 DATE: June 11, 2020 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Meeting Minutes May 19, 2020. 2. Adopt a Resolution Approving the Vacant Land Purchase Agreement and First Amendment to the Agreement for the Sale of Town-Owned Property Located on 20 Dittos Lane, Authorizing the Town Manager to Execute all Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney. 3. Adopt a Resolution to Provide Temporary Modifications to Specific Provisions Related to Business Permits, Processes, Provisions, and Activities during the COVID-19 Pandemic to Offer Economic Relief, Recovery, and Opportunities for Community and Economic Vitality. 4. Approve the Scoring Rubric for the Town’s Community Grant Program. 5. Receipt and Expenditure of California State Library Grant Funds. 6. State Homeland Security Grant Program (SHSGP) a. Accept State Homeland Security Grant Program (SHSGP) funding and authorize budget adjustments in the amount up to $102,000 to recognize grant funding from SHSGP. b. Authorize Town Manager to execute required agreement and grant documents to receive funds in accordance with SHSGP requirements. 7. Operating and Capital Budgets a. Adopt a resolution approving the Town of Los Gatos Fiscal Year (FY) 2020/21 Operating Budget and FY 2020/21 – 2024/25 Capital Improvement Program (CIP), new appropriations, other approved adjustments, minor corrections, and carryforward appropriations b. Adopt a resolution approving commitment of fund balances under GASB 54. c. Confirm the General Fund Reserve Policy, Long term Debt Policy, Investment Policy, and IRS Section 115 Pension Trust and OPEB Trust Investment Policy. 8. Approve an Expenditure Budget Adjustment in the General Fund (Restricted PARS Pension Trust Assets) in the Amount of $4,753,965 to Reflect the Payment from the PARS Restricted Pension Trust Assets Reported in the General Fund to CalPERS During FY 2019/20. 9. Authorize the Town Manager to Amend the Scope of Services to the Construction Agreement with Silicon Valley Paving for the Creek Trail, Park Pathway, and Parking Lot Seal Coat and Striping Project (18-831-4609) in an Amount of $50,000 for Additional Work, for a Total Contract Amount Not To Exceed $191,180 Including a 10% Contingency. 10. Authorize the Following Actions for the Massol Intersection Improvements Project (19- 813- 0236): a. Approve the Plans and Specifications; b. Authorize the Town Manager to Advertise the Project for Bid; c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount not to Exceed $349,760, Including Contingencies and Change Orders; and d. Authorize Staff to Execute Future Change Orders in an Amount not to Exceed Twenty Percent of the Contract Award Amount. 11. Authorize the Town Manager to Negotiate and Execute an Agreement with Econolite Systems, Inc. in an Amount Not to Exceed $581,649 for the Adaptive Signal Control and Advanced Traffic Management Systems for the Los Gatos Smart Signals Project (Project #813-0227 Traffic Signal Modernization). PAGE 3 OF 7 SUBJECT: Minutes of the Town Council Meeting of June 2, 2020 DATE: June 11, 2020 Consent Items continued - 12. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to: a. Increase Compensation for FY 2019/20 in an Amount of $47,000 for a Total Annual Contract Amount Not to Exceed $247,000. b. Increase Compensation for FY 2020/21 in an Amount of $147,000 for a Total Annual Contract Amount not to Exceed $247,000, for a Total Agreement Amount Not to Exceed $941,000. c. Approve a budget transfer of $47,000 in FY 2019/20 from the Town’s Tree Replacement Fund to the Streets and Signals Program budget. 13. Authorize the Town Manager to Execute an Agreement with SWCA Environmental Consultants in the Amount of $199,828. Items 2 and 7 were pulled from the Consent Items. MOTION: Motion by Council Member Sayoc to approve Consent Items with the exception of items 2 and 7. Seconded by Council Member Rennie. VOTE: Motion passed unanimously with Council Member Sayoc abstaining from item 4. VERBAL COMMUNICATIONS Rob Stump - Commented in support of wildfire safety and encouraged the Town to prioritize wildfire safety and evacuation plans by addressing street width to allow emergency vehicle access. Michael Burke - Expressed concern regarding protests. Margaret Jacobson - Expressed concerns regarding the continued shelter-in-place Order and requested that the Council contact Santa Clara County Public Health Officer Dr. Sara Cody to allow the Town to reopen. Jon Witty - Commented in support of wildfire safety through improved communication procedures, technology, and evacuation routes. Julie Evarkiou, Wavelength Salon - Requested that the Council allow the salons to reopen. PAGE 4 OF 7 SUBJECT: Minutes of the Town Council Meeting of June 2, 2020 DATE: June 11, 2020 Verbal Communications continued - Teryle Ward, Wavelength Salon - Requested that the Council allow the salons to reopen. Heidi Owens - Thanked the Town Council and the Town Clerk for publishing the Zoom teleconferencing meeting link and password on the meeting agenda. ITEMS PULLED FROM CONSENT 2. Adopt a Resolution Approving the Vacant Land Purchase Agreement and First Amendment to the Agreement for the Sale of Town-Owned Property Located on 20 Dittos Lane, Authorizing the Town Manager to Execute all Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney. Arn Andrews, Assistant Town Manager, presented the staff report. Mayor Jensen opened public comment. Sarah Chaffin - Thanked the Council for moving forward with the Dittos Lane project. Lee Quintana - Commented with questions regarding the process of the project. Heidi Owens - Requested the item be continued to the next Council meeting to allow for public input, requested clarification regarding the contract providing property or development rights and suggested that this item should not have been placed on the consent calendar. Mayor Jensen closed public comment. Council discussed the matter. MOTION: Motion by Council Member Sayoc to adopt a resolution approving the vacant land purchase agreement and first amendment to the agreement for the sale of town-owned property located on 20 Dittos Lane, authorizing the Town Manager to execute all documents needed to complete the transaction in a form acceptable to the Town Attorney. Seconded by Vice Mayor Spector. VOTE: Motion passed unanimously. PAGE 5 OF 7 SUBJECT: Minutes of the Town Council Meeting of June 2, 2020 DATE: June 11, 2020 7. Operating and Capital Budgets a. Adopt a resolution approving the Town of Los Gatos Fiscal Year (FY) 2020/21 Operating Budget and FY 2020/21 – 2024/25 Capital Improvement Program (CIP), new appropriations, other approved adjustments, minor corrections, and carryforward appropriations. b. Adopt a resolution approving commitment of fund balances under GASB 54. c. Confirm the General Fund Reserve Policy, Long term Debt Policy, Investment Policy, and IRS Section 115 Pension Trust and OPEB Trust Investment Policy. Laurel Prevetti, Town Manager, presented the staff report. Mayor Jensen opened public comment. Matthew Hudes - Commented that there is not enough flexibility in the budget and suggested specific actions that the Council could take to understand different revenue scenarios. Sean Clark - Expressed concern regarding increased police funding and requested funds be reallocated to the community purposes, such as environmental sustainability. Eve Javie - Expressed concern regarding increased police funding and requested funds be reallocated to the environmental sustainability. Sierra Barsten - Expressed concern regarding increased police funding and requested funds be reallocated to the environmental sustainability. Kira Barsten - Expressed concern regarding increased police funding and requested funds be reallocated to the community and climate action plans. Rebecca Nishide - Expressed concern regarding increased police funding and requested funds be reallocated to the community for mental health services provided by another Department. Dinu Abeywickrema - Expressed concern regarding increased police funding and requested funds be reallocated to the small business community. Public comment was closed. PAGE 6 OF 7 SUBJECT: Minutes of the Town Council Meeting of June 2, 2020 DATE: June 11, 2020 Item #7 continued - Council discussed the matter. MOTION: Motion by Mayor Jensen to 1. Adopt a resolution approving the Town of Los Gatos fiscal year (FY) 2020/21 operating budget and FY 2020/21 – 2024/25 capital improvement program (CIP), new appropriations, other approved adjustments, minor corrections, and carryforward appropriations. 2. Adopt a resolution approving commitment of fund balances under GASB 54. 3. Confirm the General Fund Reserve Policy, Long term Debt Policy, Investment Policy, and IRS Section 115 Pension Trust and OPEB Trust Investment Policy. 4. Reiterate fire safety as a budget priority. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. PUBLIC HEARINGS 14. Consider Approval of a Temporary Sign Permit Application on Property Zoned C-1:PD Located at 110 E. Main Street. APN 529-34-108. Temporary Sign Permit Application SN20- 029. Property Owner: Town of Los Gatos. Applicant: Veterans Memorial and Support Foundation of Los Gatos Sean Mullin, Associate Planner, presented the staff report. Mayor Jensen opened public comment. John Lochner - Supported the temporary sign permit. Lee Quintana - Opposed the temporary sign permit and recommended that the Council modify the zoning code to allow the sign. Heidi Owens - Supported the temporary sign permit. Public Hearing closed. Council discussed the matter. PAGE 7 OF 7 SUBJECT: Minutes of the Town Council Meeting of June 2, 2020 DATE: June 11, 2020 Item #14 continued - MOTION: Motion by Council Member Sayoc to approve a temporary sign permit application on property zoned C-1:PD located at 110 E. Main Street. APN 529-34-108. Temporary sign permit application SN20-029. Property owner: Town of Los Gatos. Applicant: Veterans Memorial and Support Foundation of Los Gatos. Seconded by Vice Mayor Spector. ADJOURNMENT The meeting adjourned at 9:12 p.m. Submitted by: _____________________________________ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA JUNE 02, 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: https://www.youtube.com/channel/UCFh35XRBWer1DPx-F7vvhcg 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 of 5 TOWN OF LOS GATOS COUNCIL MEETING AGENDA JUNE 02, 2020 7:00 PM IMPORTANT NOTICE REGARDING THE JUNE 2, 2020 COUNCIL MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29- 20 dated March 17, 2020, regarding the COVID- 19 pandemic. The live stream of the meeting may be viewed on television and/or online at https://www.youtube.com/channel/UCFh35XRBWer1DPx-F7vvhcg. In accordance with Executive Order N-29- 20, the public may only view the meeting on television and/or online and not in the Council Chamber. PARTICIPATION If you are not interested in providing oral comments real-time during the meeting, you can view the live stream of the meeting on television (Comcast Channel 15) and/or online at https://www.youtube.com/channel/UCFh35XRBWer1DPx-F7vvhcg. If you are interested in providing oral comments real-time during the meeting, you must join the Zoom webinar at https://losgatosca-gov.zoom.us/j/98463235356 password: 247067. During the meeting:  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. If you are participating by calling in, without a Zoom app, you must notify the Town Clerk at PublicComment@losgatosca.gov which item(s) you would like to speak on prior to 7:00 p.m. the day of the meeting to allow the Town Clerk to assist you.  When called to speak, 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 are unable to participate in real-time, you may email to PublicComment@losgatosca.gov with the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Communications – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. The Mayor has the option to modify this action on items based on comments received. Page 2 of 5 REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to appear electronically or telephonically at the Town Council meeting: MAYOR MARCIA JENSEN, VICE MAYOR BARBARA SPECTOR, COUNCIL MEMBER ROB RENNIE, COUNCIL MEMBER MARICO SAYOC. All votes during the teleconferencing session will be conducted by roll call vote. MEETING CALLED TO ORDER ROLL CALL PRESENTATIONS i. Youth Commissioner End of Term Commendations ii. Youth Friendly Business of the Year iii. Youth Friendly Green Business of the Year iv. Library Update 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 Meeting Minutes May 19, 2020. 2. Adopt a Resolution Approving the Vacant Land Purchase Agreement and First Amendment to the Agreement for the Sale of Town-Owned Property Located on 20 Dittos Lane, Authorizing the Town Manager to Execute all Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney. 3. Adopt a Resolution to Provide Temporary Modifications to Specific Provisions Related to Business Permits, Processes, Provisions, and Activities during the COVID-19 Pandemic to Offer Economic Relief, Recovery, and Opportunities for Community and Economic Vitality. 4. Approve the Scoring Rubric for the Town’s Community Grant Program. 5. Receipt and Expenditure of California State Library Grant Funds. 6. State Homeland Security Grant Program (SHSGP) a. Accept State Homeland Security Grant Program (SHSGP) funding and authorize budget adjustments in the amount up to $102,000 to recognize grant funding from SHSGP. b. Authorize Town Manager to execute required agreement and grant documents to receive funds in accordance with SHSGP requirements. Page 3 of 5 7. Operating and Capital Budgets a. Adopt a resolution approving the Town of Los Gatos Fiscal Year (FY) 2020/21 Operating Budget and FY 2020/21 – 2024/25 Capital Improvement Program (CIP), new appropriations, other approved adjustments, minor corrections, and carry- forward appropriations b. Adopt a resolution approving commitment of fund balances under GASB 54. c. Confirm the General Fund Reserve Policy, Long term Debt Policy, Investment Policy, and IRS Section 115 Pension Trust and OPEB Trust Investment Policy. 8. Approve an Expenditure Budget Adjustment in the General Fund (Restricted PARS Pension Trust Assets) in the Amount of $4,753,965 to Reflect the Payment from the PARS Restricted Pension Trust Assets Reported in the General Fund to CalPERS During FY 2019/20. 9. Authorize the Town Manager to Amend the Scope of Services to the Construction Agreement with Silicon Valley Paving for the Creek Trail, Park Pathway, and Parking Lot Seal Coat and Striping Project (18-831-4609) in an Amount of $50,000 for Additional Work, for a Total Contract Amount Not To Exceed $191,180 Including a 10% Contingency. 10. Authorize the Following Actions for the Massol Intersection Improvements Project (19- 813-0236): a. Approve the Plans and Specifications; b. Authorize the Town Manager to Advertise the Project for Bid; c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount not to Exceed $349,760, Including Contingencies and Change Orders; and d. Authorize Staff to Execute Future Change Orders in an Amount not to Exceed Twenty Percent of the Contract Award Amount. 11. Authorize the Town Manager to Negotiate and Execute an Agreement with Econolite Systems, Inc. in an Amount Not to Exceed $581,649 for the Adaptive Signal Control and Advanced Traffic Management Systems for the Los Gatos Smart Signals Project (Project #813-0227 Traffic Signal Modernization). 12. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to: a. Increase Compensation for FY 2019/20 in an Amount of $47,000 for a Total Annual Contract Amount Not to Exceed $247,000. b. Increase Compensation for FY 2020/21 in an Amount of $147,000 for a Total Annual Contract Amount not to Exceed $247,000, for a Total Agreement Amount Not to Exceed $941,000. c. Approve a budget transfer of $47,000 in FY 2019/20 from the Town’s Tree Replacement Fund to the Streets and Signals Program budget. 13. Authorize the Town Manager to Execute an Agreement with SWCA Environmental Consultants in the Amount of $199,828. Page 4 of 5 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.) 14. Consider Approval of a Temporary Sign Permit Application on Property Zoned C-1:PD Located at 110 E. Main Street. APN 529-34-108. Temporary Sign Permit Application SN- 20-029. Property Owner: Town of Los Gatos. Applicant: Veterans Memorial and Support Foundation of Los Gatos. ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time) Writings related to any item on the Town Council meeting agenda are available on the official Town of Los Gatos website. 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 5 of 5

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