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Council Meeting

Regular Meeting

Los Gatos, CA · October 6, 2020

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 10/20/2020 COUNCIL AGENDA REPORT ITEM NO: 2 Minutes of the Town Council Meeting October 6, 2020 The Town Council of the Town of Los Gatos conducted a regular meeting via teleconference via COVID-19 Shelter in Place Guidelines on October 6, 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. (All participating remotely). Absent: None COUNCIL/TOWN MANAGER REPORTS Manager Matters - Announced ballot drop off boxes are available in front of the Library and in front of Town Hall. - Announced adult Commissioner recruitment is open, and applications are due November 6, 2020 by 4:00 p.m. and interviews are scheduled November 17, 2020 at 5:00 p.m. - Announced the Inclusive Los Gatos Workshop series continues on October 22, 2020 with a virtual Community Culture Workshop and invited the community to participate. Council Matters - Vice Mayor Spector stated she attended the West Valley Sanitation District (WVSD) Board of Directors meeting, two General Plan Advisory Committee (GPAC) meetings, the Town’s Affordable Housing Community Workshop, and Santa Clara County Health Department COVID-19 phone conferences. - Council Member Sayoc stated she and Council Member Rennie attended the League of California Cities Peninsula Division Prop 15 meeting. - Council Member Rennie stated he chaired the Valley Transportation Authority (VTA) Congestion Management Program Committee meeting; attended the VTA Board workshop, Board meeting, and Governance and Audit Committee meeting; participated in Economics of Energy courses offered to the Silicon Valley Clean Energy Authority (SVCEA) Board and Legislative and Regulatory Committee meetings; and attended the Town’s Affordable Housing Community Workshop, San Francisco Bay Area Planning and Urban Research Association (SPUR) Transit Agency Workshop and Virtual Conference, and Housing Trust Silicon Valley “On the House” Conference. 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 October 6, 2020 DATE: October 7, 2020 Council Matters - continued - Mayor Jensen stated she attended the Town’s Affordable Housing Community Workshop with the other Council Members, West Valley Mayors and Managers meetings, and the GPAC meetings. CLOSED SESSION REPORT - Robert Shultz, Town Attorney, stated Council met in closed session as duly noted on the agenda and that there is no reportable action. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Minutes of the September 15, 2020 Town Council Meeting. 2. Adopt Public Safety Power Shutoff (PSPS) Annex to the Town Emergency Operation Plan (EOP). 3. Approve the Mayor’s Recommendation to Create and Appoint a Town Council Ad Hoc Committee to Study Wildfire Mitigation in the Wildland Urban Interface (WUI). 4. Authorize the Following Actions for the Local Roadway Safety Plan (PPW Project Number 812-0132): a. Review and Approve the Scope of Services for a Request for Proposals (Attachment 1) to Prepare a Local Roadway Safety Plan. b. Authorize the Town Manager to Negotiate and Execute a Consultant Agreement for Preparing the Local Roadway Safety Plan with the Highest Scored Proposer in an Amount Not to Exceed $80,000. 5. Accept the Completion of Work Performed by Syserco Energy Solutions, Inc. for PPW Job No. 411-821-2008 Energy Efficiency Upgrades. MOTION: Motion by Vice Mayor Spector to approve the Consent Items. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS No one spoke. PUBLIC HEARINGS 6. Consider Approval of Amendments and Introduce the Draft Ordinance by Title Only to Amend Chapter 29 (Zoning Regulations) of the Town Code Regarding Outdoor Lighting and Modifications to the Residential Design Guidelines, Town-Wide. Town Code Amendment Application A-20-005. Applicant: Town of Los Gatos. RESOLUTION 2020-039 Jennifer Armer, Senior Planner, presented the item. PAGE 3 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 6, 2020 DATE: October 7, 2020 Public Hearing Item #6 - continued Opened public comment. No one spoke. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Sayoc to make the finding that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b) (3)] (Attachment 1); make the required finding that the amendments to Chapter 29 of the Town Code regarding outdoor lighting are consistent with the General Plan (Attachment 1); and make the required finding that the modifications to the Residential Design Guidelines are consistent with the General Plan (Attachment 1); adopt a Resolution to modify the Residential Design Guidelines (Attachment 2); and introduce the Ordinance of the Town of Los Gatos effecting the amendments of the Town Code regarding outdoor lighting A-20-005 (Attachment 3), by title only; and direct staff to explore the Planning Commission’s recommendation on numerical standards for lighting intensity under a separate and subsequent Code amendment. Seconded by Vice Mayor Spector. VOTE: Motion passed unanimously. Shelley Neis, Town Clerk, read the title of the ordinance. 7. Consider Approval of Amendments and Introduce the Draft Ordinance by Title Only to Amend Chapter 29 (Zoning Regulations) of the Town Code Regarding the Below Market Price Program and Adopt a Resolution to Modify the Below Market Price Housing Program Guidelines. Town Code Amendment Application A-20-004. Applicant: Town of Los Gatos. RESOLUTION 2020-040 Jocelyn Shoopman, Associate Planner, presented the item. Opened public comment. PAGE 4 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 6, 2020 DATE: October 7, 2020 Public Hearing Item #7 - continued Amy Nishide - Commented that she thought part of the intent of the program was to make the Town more inclusive and increase racial diversity; and inquired if the something could be added to the Purpose Part A about increasing socio-economic and racial diversity, if the purpose of the point system could encourage diversity to bring people into Town, and if the in lieu fees were changed and could be raised. Matthew Hudes - Commented that raising the amount by 120% may have a consequence of low and very low applicants competing with a larger pool of applicants and proposed giving low and very low applicants extra points. Jeffrey Suzuki - Commented that we should strongly de-emphasize home ownership in the future and emphasize rental housing; inquired why the word “shall” was changed to “should” in Section C.1 and why are we raising the income level; and stated there should be some mechanism in place to raise money to purchase market rate housing and convert it to BMP housing, and to disapprove developments that are not meeting their BMP obligations. Maria Ristow - Commented in support of an emphasis on rental units to increase the Town’s socio- economic and racial diversity. Lee Quintana - Commented in support of an emphasis on rental units, that the BMP program doesn’t meet the housing needs in Town, that requiring BMPs to be the same size as market rate units is a hindrance to developers, and that she is concerned with raising the rate to 120%. Mayor Jensen closed public comment. Council discussed the item. PAGE 5 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 6, 2020 DATE: October 7, 2020 Public Hearing Item #7 – continued MOTION: Motion by Mayor Jensen to 1) make the finding that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act [Section 15061 (b) (3)] (Attachment 1); 2) make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Attachment 1); and 3) make the required finding that the modifications to the BMP Housing Program Guidelines are consistent with the General Plan (Attachment 1); and 4) introduce the Ordinance of the Town of Los Gatos effecting the amendments of the Town Code regarding BMP regulations A-20-004 (Attachment 2), by title only; and 5) adopt a Resolution approving modifications to the BMP Housing Program Guidelines (Attachment 3). AMENDMENT by Council Member Sayoc: Amend the Guidelines to include additional points for low income applicants for-for-sale units. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. Shelley Neis, Town Clerk, read the title of the ordinance. OTHER BUSINESS 8. Provide Specific Direction to Modify the Town’s Pilot Parklet Program and Economic Recovery Initiatives: a. Discuss Town’s Pilot Parklet Program (established pre-COVID), and Consider Extending the Parklet Duration for a Minimum of Five to Seven Years; and b. Determine the Duration of the Temporary Economic Recovery (Krail) Parklets Located on Public Property in Downtown and Consider Phasing Options to Facilitate Outdoor Seating and Business Activities; and c. Discuss Options for Businesses to Implement Platforms, Ramps, Overhead Coverage, and Other Modifications Within the Economic Recovery Parklets to Continue to Support Outdoor Business Services Through the Winter; and d. Discuss Other Elements of the Economic Recovery Initiatives and Provide Further Direction as Appropriate. Monica Renn, Economic Development Manager, presented the item. Mayor Jensen opened public comment. PAGE 6 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 6, 2020 DATE: October 7, 2020 Other Business Item #8 – continued Sue Farwell - Commented in support of long-term parklets and continuation of krail parklets until the pandemic is over, encouraged Council to make the parklets permanent, and suggested if a grant program in instituted that it be retroactive to those who put in parklets before the pandemic. Matthew Hudes - Suggested reallocating 1.9 million dollars from beautification budget to put toward recovery for small businesses to be used for projects across Town, exploring funding options, creating a standing economic recovery board, accelerating parking improvements identified in the Dixon report, developing new configuration from N. Santa Cruz, and making Los Gatos easy to do business with. Randi Chen, Los Gatos Chamber of Commerce - Commented in support of continuation of krail parklets through at least March 31, 2021 and not make any permanent decisions regarding the krail parklets now; agreed that all krail parklets should have floors to make them even with the sidewalks and that the Town needs to address what type of roof construction is allowed; supported extending the semi- permanent parklets for 5 to 7 years and a grant program; suggested forgiving business license fees for businesses that meet certain parameters; and thanked the Town for funding the Los Gatos Lights. Donna Novi, Pastaria - Commented in support of continuation of krail parklets through the fall of 2021 and long- term parklets. David MacGregor-Scholes, Redemption and Chamber Board - Commented in support long-term parklets. Catherine Somers, Los Gatos Chamber of Commerce Executive Director - Commented in support of krail parklets through the pandemic, suggested exploring flooring ideas for parklets, and hiring a professional consultant to present a future plan for downtown streets. Mayor Jensen closed public comment. Council discussed the item. PAGE 7 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 6, 2020 DATE: October 7, 2020 Other Business Item #8 – continued MOTION: Motion by Mayor Jensen to continue parklets through at least March 2021 where existing krail may stay in place, remove unused krail, and use the space for bicycle parking, curbside pickup, and ride share drop-off/pick-up; all parklets should be ADA compliant and fire safe compliant; continue streamlining permits and processing fees; not allow pop-ups in existing krail parklets on public property. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Sayoc to move forward with a matching grant program to incentivize ADA and drainage compliance for the krail parklets and return in January to the Town Council with a grant program to incentivize the creation of more permanent parklets. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 10:07 p.m. Submitted by: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA OCTOBER 06, 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/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 of 4 TOWN OF LOS GATOS COUNCIL MEETING AGENDA OCTOBER 06, 2020 7:00 PM IMPORTANT NOTICE REGARDING THE OCTOBER 6, 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 www.losgatosca.gov/AgendasAndVideos. 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 www.LosGatosCA.gov/TownYouTube. If you are interested in providing oral comments real-time during the meeting, you must join the Zoom webinar:  Join from a PC, Mac, iPad, iPhone or Android device: click this link https://zoom.us/j/93842247125. Password: 151211. You can also type in 93842247125 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.  Join by telephone: Dial: USA 636 651 0008 US Toll or USA 877 336 1839 US Toll-free. Conference code: 969184 During the meeting:  When the Chair 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, press #2 on your telephone keypad to raise your hand.  When called to speak, please limit your comments to three (3) minutes, or such other time as the Chair 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 4 TOWN OF LOS GATOS COUNCIL MEETING AGENDA OCTOBER 06, 2020 7:00 PM REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to appear electronically 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 COUNCIL / MANAGER MATTERS CLOSED SESSION REPORT 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. A member of the public may request to pull an item from Consent by following the Participation instructions contained on page 2 of this agenda. 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.) 1. Approve Minutes of the September 15, 2020 Town Council Meeting. 2. Adopt Public Safety Power Shutoff (PSPS) Annex to the Town Emergency Operation Plan (EOP). 3. Approve the Mayor’s Recommendation to Create and Appoint a Town Council Ad Hoc Committee to Study Wildfire Mitigation in the Wildland Urban Interface (WUI). 4. Authorize the Following Actions for the Local Roadway Safety Plan (PPW Project Number 812-0132): a. Review and Approve the Scope of Services for a Request for Proposals (Attachment 1) to Prepare a Local Roadway Safety Plan. b. Authorize the Town Manager to Negotiate and Execute a Consultant Agreement for Preparing the Local Roadway Safety Plan with the Highest Scored Proposer in an Amount Not to Exceed $80,000. 5. Accept the Completion of Work Performed by Syserco Energy Solutions, Inc. for PPW Job No. 411-821-2008 Energy Efficiency Upgrades. VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda consistent with the Participation instructions contained on page 2 of this 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 comment. In the event additional comments were not able to be heard Page 3 of 4 during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.) PUBLIC HEARINGS (Applicants/Appellants, their representatives, and members of the public wishing to address the Council on any Public Hearing item should register in advance to obtain the Zoom link for this meeting by following the Participation instructions contained on page 2 of this agenda. 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.) 6. Consider Approval of Amendments and Introduce the Draft Ordinance by Title Only to Amend Chapter 29 (Zoning Regulations) of the Town Code Regarding Outdoor Lighting and Modifications to the Residential Design Guidelines, Town-Wide. Town Code Amendment Application A-20-005. Applicant: Town of Los Gatos. 7. Consider Approval of Amendments and Introduce the Draft Ordinance by Title Only to Amend Chapter 29 (Zoning Regulations) of the Town Code Regarding the Below Market Price Program and Adopt a Resolution to Modify the Below Market Price Housing Program Guidelines. Town Code Amendment Application A-20-004. Applicant: Town of Los Gatos. OTHER BUSINESS (Up to three minutes may be allotted for each comment on any of the following items consistent with the Participation Instructions contained on page 2 of this agenda.) 8. Provide Specific Direction to Modify the Town’s Pilot Parklet Program and Economic Recovery Initiatives: a. Discuss Town’s Pilot Parklet Program (established pre-COVID), and Consider Extending the Parklet Duration for a Minimum of Five to Seven Years; and b. Determine the Duration of the Temporary Economic Recovery (Krail) Parklets Located on Public Property in Downtown and Consider Phasing Options to Facilitate Outdoor Seating and Business Activities; and c. Discuss Options for Businesses to Implement Platforms, Ramps, Overhead Coverage, and Other Modifications Within the Economic Recovery Parklets to Continue to Support Outdoor Business Services Through the Winter; and d. Discuss Other Elements of the Economic Recovery Initiatives and Provide Further Direction as Appropriate. 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 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 4 of 4

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