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Council Meeting

Regular Meeting

Los Gatos, CA · November 3, 2020

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 11/17/2020 COUNCIL AGENDA REPORT ITEM NO: 1 Minutes of the Town Council Meeting November 3, 2020 The Town Council of the Town of Los Gatos conducted a regular meeting via Teleconference via COVID-19 Shelter in Place Guidelines on November 3, 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 Council Matters - Vice Mayor Spector stated she attended the Council Ad Hoc Wildfire Committee, Community Culture Workshop, Council Policy Committee, and Santa Clara Valley Water District (Valley Water) Commission meetings. - Council Member Sayoc stated she had nothing significant to report. - Council Member Rennie stated he attended the Valley Transportation Authority (VTA) Capital Program Committee meeting, San Francisco Bay Area Planning and Urban Research Association (SPUR) 2020 Silver SPUR Awards, ethics training provided by Santa Clara County, West Valley Mayors and Managers meeting with Mayor Jensen, San Jose Downtown Transportation Workshop, and the VTA Bike Superhighway community meeting. - Mayor Jensen stated she attended the Council Policy Committee, Community Culture Workshop, West Valley Mayors and Managers, and the Council Ad Hoc Wildfire Committee meetings. Manager Matters - Announced applications for commissions, boards, and committees are due on Friday, November 6, at 4:00 p.m. and encouraged the community to volunteer. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Minutes of the October 20, 2020 Closed Session Town Council Meeting. 2. Approve Minutes of the October 20, 2020 Town Council Meeting. 3. Gann Appropriation Limit a. Authorize the Town Manager to Enter into an Agreement with the County of Santa Clara for Transfer of Appropriation Limit of the June 18, 2019 Annexation. b. Adopt a Resolution Establishing the FY 2020/21 Gann Appropriations Limit for the Town of Los Gatos. RESOLUTION 2020-043 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 5 SUBJECT: Minutes of the Town Council Meeting of November 3, 2020 DATE: November 3, 2020 Consent Items – continued 4. Approve Revisions to the Town’s Operating Portfolio Investment Policy as Recommended by the Council Finance Committee. 5. Approval of an Additional Affordable Housing Loan in the Amount of $600,000 for the Total Amount of $1,200,000 to Develop Affordable Housing on the Property Located on 20 Dittos Lane and Authorize the Town Manager to Execute all Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney. 6. Authorize the Town Manager to Purchase Two Police Patrol Vehicles from Folsom Lake Ford in an Amount Not to Exceed $83,270. MOTION: Motion by Council Member Sayoc to approve Consent Items. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS No one spoke. OTHER BUSINESS 7. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager and Authorize Salary and Benefits Budget Adjustments in the Amount of $18,431 from Available General Fund Capital/Special Projects Reserve. Lisa Velasco, Human Resources Director, presented the staff report for items #7 and #8. Opened public comment for items #7 and #8. Lee Fagot - Commented on reallocating funds when long-term implications are difficult to predict and requested Council act conservatively. Closed public comment for items #7 and #8. Council discussed items #7 and #8. MOTION: Motion by Council Member Sayoc to approve an amendment to the employment agreement between the Town of Los Gatos and the Town Manager and authorize salary and benefits budget adjustments in the amount of $18,431 from available general fund capital/special projects reserve. Seconded by Mayor Jensen. VOTE: Motion passed unanimously. PAGE 3 OF 5 SUBJECT: Minutes of the Town Council Meeting of November 3, 2020 DATE: November 3, 2020 8. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney and Authorize Salary and Benefits Budget Adjustments in the Amount of $13,528 from Available General Fund Capital/Special Projects Reserve. MOTION: Motion by Council Member Sayoc to approve an amendment to the employment agreement between the Town of Los Gatos and the Town Attorney and authorize salary and benefits budget adjustments in the amount of $13,528 from available general fund capital/special projects reserve. Seconded by Mayor Jensen. VOTE: Motion passed unanimously. PUBLIC HEARINGS 9. Adopt A Resolution (Attachment 1) Accepting Funds From the California Supplemental Law Enforcement Service Fund (SLESF) of Which $100,000 Will be Directed to Purchase Equipment and Technology and $100,000 Will be Directed Toward the Contractually Required Traffic Enforcement Within the City Limits of Monte Sereno; and Authorize an Expenditure Budget Adjustment in the Amount of $100,000 From Available Capital/Special Projects Reserve. RESOLUTION 2020-044 Heather St. John, Police Department Administrative Analyst, presented the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the matter. MOTION: Motion by Council Member Rennie to adopt a resolution (Attachment 1) accepting funds from the California Supplemental Law Enforcement Service Fund (SLESF) of which $100,000 will be directed to purchase equipment and technology and $100,000 will be directed toward the contractually required traffic enforcement within the city limits of Monte Sereno; and authorize an expenditure budget adjustment in the amount of $100,000 from available capital/special projects reserve. Seconded by Mayor Jensen. VOTE: Motion passed unanimously. PAGE 4 OF 5 SUBJECT: Minutes of the Town Council Meeting of November 3, 2020 DATE: November 3, 2020 OTHER BUSINESS 10. Implement the Following Police Reforms: a. Authorize the Town Manager to establish an Independent Police Auditor function; b. Work with the County of Santa Clara Regarding Responses to Mental Health and Homeless Calls for Service; c. Add a Limit Dated (Two Years) Community Service Officer Position to the Police Department to Respond to Non-Emergency Calls at an Annual Cost of Approximately $148,000 and Authorize a FY 2020/21 Expenditure Budget Adjustment in the Amount of $68,461 from Available General Fund Capital/Special Projects Reserve; and d. Acknowledge the Timeline for Police Stop Data Availability and Transparency. Laurel Prevetti, Town Manager, presented the item with the Honorable Judge LaDoris Cordell. Opened public comment. Lee Fagot - Commented in support of the Police Department, thanked to the Town and Council for holding the Community Workshop, suggested there be some type of oversight to investigate actions before a complaint is filed, requested Council consider staff recommendations, inquired if citizens could be included on the Committee for a different perspective, and requested financial transparency. Jeff Suzuki - Thanked the Town and Council for considering these items, commented on concerns regarding waiting until an annual report for complaint data, suggested a civilian element to determine discipline, and asked Council to consider reducing overall Police service hours by 30% and reinvesting in overall community mental health. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Sayoc to acknowledge the timeline for police stop data availability and transparency contained in the staff report. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. PAGE 5 OF 5 SUBJECT: Minutes of the Town Council Meeting of November 3, 2020 DATE: November 3, 2020 Other Business Item #10 – continued MOTION: Motion by Council Member Sayoc to work with the County of Santa Clara regarding responses to mental health and homeless calls for service, with the understanding that response times will be reviewed annually to monitor how well the County positions are staffed and response times to the Town’s calls for service. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Rennie to authorize the Town Manager to establish an Independent Police Auditor (IPA) function with a preference given for retired attorneys or judges, no more than two former Police command staff, and the Police Chief may see the report but cannot alter it. AMENDED: removal of the maximum number of former Police command staff as independent investigators and added that the IPA report be published quarterly. Seconded by Vice Mayor Spector. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Rennie to refer the consideration of adding a limited dated Community Service Officer position to the Town’s budget process for the 2021/2022 fiscal year. Seconded by Vice Mayor Spector. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 8:54 p.m. Submitted by: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA NOVEMBER 03, 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 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 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 5 TOWN OF LOS GATOS COUNCIL MEETING AGENDA NOVEMBER 03, 2020 7:00 P.M. IMPORTANT NOTICE REGARDING THE NOVEMBER 3, 2020 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 in 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://us02web.zoom.us/j/99045549918?pwd=MWw0cm40Y216TTdWS2VMcnox MWFSZz09. Password: 342581. You can also type in 990 4554 9918 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 USA or 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 5 TOWN OF LOS GATOS COUNCIL MEETING AGENDA NOVEMBER 03, 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 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, it is requested that items under the Consent Items be acted on simultaneously.) 1. Approve Minutes of the October 20, 2020 Closed Session Town Council Meeting. 2. Approve Minutes of the October 20, 2020 Town Council Meeting. 3. Gann Appropriation Limit a. Authorize the Town Manager to Enter into an Agreement with the County of Santa Clara for Transfer of Appropriation Limit of the June 18, 2019 Annexation. b. Adopt a Resolution Establishing the FY 2020/21 Gann Appropriations Limit for the Town of Los Gatos. 4. Approve Revisions to the Town’s Operating Portfolio Investment Policy as Recommended by the Council Finance Committee. 5. Approval of an Additional Affordable Housing Loan in the Amount of $600,000 for the Total Amount of $1,200,000 to Develop Affordable Housing on the Property Located on 20 Dittos Lane and Authorize the Town Manager to Execute all Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney. 6. Authorize the Town Manager to Purchase Two Police Patrol Vehicles from Folsom Lake Ford in an Amount Not to Exceed $83,270. 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 speaker. In the event additional speakers were not able to be heard Page 3 of 5 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 for each comment on any of the following items consistent with the Participation Instructions contained on page 2 of this agenda.) 7. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager and Authorize Salary and Benefits Budget Adjustments in the Amount of $18,431 from Available General Fund Capital/Special Projects Reserve. 8. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney and Authorize Salary and Benefits Budget Adjustments in the Amount of $13,528 from Available General Fund Capital/Special Projects Reserve. PUBLIC HEARINGS (Applicants/Appellants, their representatives, and members of the public may address the Council on any Public Hearing item consistent with 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.) 9. Adopt A Resolution (Attachment 1) Accepting Funds From the California Supplemental Law Enforcement Service Fund (SLESF) of Which $100,000 Will be Directed to Purchase Equipment and Technology and $100,000 Will be Directed Toward the Contractually Required Traffic Enforcement Within the City Limits of Monte Sereno; and Authorize an Expenditure Budget Adjustment in the Amount of $100,000 From Available Capital/Special Projects Reserve. 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.) 10. Implement the Following Police Reforms: a. Authorize the Town Manager to establish an Independent Police Auditor function; b. Work with the County of Santa Clara Regarding Responses to Mental Health and Homeless Calls for Service; c. Add a Limit Dated (Two Years) Community Service Officer Position to the Police Department to Respond to Non-Emergency Calls at an Annual Cost of Approximately $148,000 and Authorize a FY 2020/21 Expenditure Budget Adjustment in the Amount of $68,461 from Available General Fund Capital/Special Projects Reserve; and d. Acknowledge the Timeline for Police Stop Data Availability and Transparency. ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.) Page 4 of 5 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 5 of 5

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