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Council Meeting

Regular Meeting

Los Gatos, CA · February 16, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 03/02/2021 COUNCIL AGENDA REPORT ITEM NO: 1 Minutes of the Town Council Meeting February 16, 2021 The Town Council of the Town of Los Gatos conducted a regular meeting via Teleconference via COVID-19 Shelter in Place Guidelines on February 16, 2021, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Maria Ristow. (All participating remotely). Absent: None COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Board meeting; Valley Transportation Authority (VTA) Board and Policy Advisory Committee (PAC); Silicon Valley Clean Energy Authority (SVCEA) Board meeting, New Members Orientation, and Risk Oversight Committee; Town Finance Commission with Council Member Hudes; and a meet and greet with the NUMU Director. - Council Member Ristow stated she attended the VTA PAC meeting as an alternate and the General Plan Advisory Committee (GPAC) meeting with Council Member Badame. - Council Member Hudes stated he attended the League of California Cities Economic Development workshop and Town Finance Commission meeting; did a site visit of the Los Gatos Meadows development (110 Wood Road); and met with the Chair of the Town’s Community Health and Senior Services Commission (CHSSC). - Council Member Badame stated she attended GPAC with Council Member Ristow, West Valley Clean Water Authority (WVCWA) Board, and West Valley Solid Waste Management Authority (WVSWMA) meetings. - Mayor Sayoc stated that in addition to the items mentioned by other Members, she attended several Santa Clara County Cites Association meetings and Santa Clara County calls regarding COVID-19. Manager Matters - Announced Finance Commission recruitment is underway for one open seat, applications are due Feb 19, 2021 by 4:00 p.m. - Announced Youth Commission recruitment is open, applications are due by 4:00 p.m. on April 30, 2021. - Announced free COVID-19 testing will take place on Friday February 19, 2021 at the Adult Recreation Center (ARC); appointments are strongly advised. 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 February 16, 2021 DATE: February 17, 2021 Manager Matters – continued - Announced a Joint Town Council and Planning Commission Study Session will take place on Tuesday, February 23, 2021 at 7:00 p.m. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Draft Minutes of January 26, 2021 Town Council Strategic Priority Meeting. 2. Approve Draft Minutes of January 28, 2021 Joint Meeting of the Town Council and Finance Commission. 3. Approve Draft Minutes of the February 2, 2021 Closed Session Meeting. 4. Approve Draft Minutes of February 2, 2021 Town Council Meeting. 5. Receive the Second Quarter Investment Report (October through December 2020) for Fiscal Year 2020/21. 6. Guardrail Replacement Project (CIP No. 812-0120): a. Approve the Project Plans and Specifications; b. Authorize Advertising the Project for Bid; c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount not to Exceed $800,000, Including Contingencies and Change Orders; and d. Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount. 7. Authorize the Town Manager to Negotiate and Execute a Vendor Agreement with Econolite Systems, Inc. in an Amount Not to Exceed $352,494, Including Contingency, for the Automated Traffic Signal Performance Measures and Virtual Bike Detection/Bike Signal Priority Project (CIP No. 813-0227 Traffic Signal Modernization). 8. Authorize the Town Manager to Execute an Agreement with HouseKeys for Administration of the Town’s Below Market Price Affordable Housing Program. 9. Authorize the Town Manager to Purchase Two Vehicles: a. One Vehicle from Folsom Lake Ford in an Amount not to Exceed $43,405; and b. One Cab Chassis with Aerial Lift Platform Body from Altec Industries, Inc. in an Amount not to Exceed $129,658. 10. Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned R:PD. Located at 110 Wood Road. APN 510-47-038. Applicant: Frank Rockwood. Property Owner: Covia Communities. Project Planner: Jocelyn Shoopman. 11. Adopt a Modified Economic Recovery Resolution to Reflect the Town Council’s Direction on Conditional Use Permits for up to Five New Markets or Other Non-Restaurant Uses; and Extend the Resolution Until At Least December 31, 2021. RESOLUTION 2021-002 MOTION: Motion by Council Member Ristow to approve Consent Items 1-11. Seconded by Council Member Badame. VOTE: Motion passed unanimously. PAGE 3 OF 5 SUBJECT: Minutes of the Town Council Meeting of February 16, 2021 DATE: February 17, 2021 VERBAL COMMUNICATIONS Kate Gude - Expressed concern regarding the social and emotional effect of remote learning on children and the continued Shelter-In-Place Order; requested the Town work with the school administration to reopen the schools. McNelly X - Expressed concern regarding the social and emotional effect of remote learning on children and the continued Shelter-In-Place Order; requested the Town provide information technology training to local teachers and set up meetings with infectious disease experts. Bob Lipp - Requested the Town revisit its plastic bag ordinance to consider addressing grocers supplying multi-use recyclable plastic bags without the option of paper bags. Susan Nestor - Expressed concern regarding the social and emotional effect of remote learning on children and the continued Shelter-In-Place Order; requested the Town work with the school administration to reopen the schools. Silvana Casale - Expressed concern regarding the social and emotional effect of remote learning on children and the continued Shelter-In-Place Order; requested the Town work with the school administration to reopen the schools. Wayne Heimsoth, American Legion Post 99 - Requested the Town allow the American Legion Post 99 to utilize the Venue property for their headquarters and meetings and stated the Los Gatos Veteran’s Memorial and Support Foundation would also like to use the Venue. Jeffrey Suzuki - Requested more information regarding the Town’s work with the County on mental health calls and requested the formation of a Diversity, Equity, and Inclusion (DEI) committee. Amy Nishide - Requested a member of the Town Council opt to sit on the Cities Association Social Justice Committee and consider the formation of a DEI committee. Lynley Hogan - Expressed concerns regarding mask mandates and the continued Shelter-In-Place Order’s closure of businesses and schools. PAGE 4 OF 5 SUBJECT: Minutes of the Town Council Meeting of February 16, 2021 DATE: February 17, 2021 Verbal Communications – continued Cyndi Sheehan - Expressed concerns regarding mask mandates and the continued Shelter-In-Place Order’s closure of businesses and schools. The Mayor gave remarks and continued Verbal Communications to the end of the meeting, consistent with Town policy. OTHER BUSINESS 12. Mid-Year Budget Performance report - Six Months ending December 31, 2020. a. Accept FY 2020/21 Mid-Year Budget Performance Report; b. Authorize Budget Adjustments as Recommended in the Mid-Year Budget Performance Report. Stephen Conway, Finance Director, presented the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item. MOTION: Motion by Vice Mayor Rennie to: - Approve the FY 2020/21 mid-year budget adjustments as contained in Attachment 1; and - Utilize the funds from the sale of the Winchester property to cure the deficit with the understanding if less funds are needed, the remaining funds should stay in the surplus property reserve, and if additional funds are needed, OPEB discretionary payments should be reduced and diverted to balance the budget. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. 13. 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 2021/22 Operating and Capital Budgets. Arn Andrews, Assistant Town Manager, presented the staff report. PAGE 5 OF 5 SUBJECT: Minutes of the Town Council Meeting of February 16, 2021 DATE: February 17, 2021 Opened public comment. Other Business Item #13 – continued No one spoke. Closed public comment. Council discussed the item and directed staff to return the item to the Finance Commission for more review with additional scenarios and trends in expenditures and revenues. VERBAL COMMUNICATIONS - continued Jennifer Wooten - Expressed concerns regarding mask mandates and the continued Shelter-In-Place Order’s closure of businesses and schools. ADJOURNMENT The meeting adjourned at 9:24 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA FEBRUARY 16, 2021 110 EAST MAIN STREET LOS GATOS, CA Marico Sayoc, Mayor Rob Rennie, Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member PARTICIPATION IN THE PUBLIC PROCESS Maria Ristow, 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 TOWN OF LOS GATOS COUNCIL MEETING AGENDA FEBRUARY 16, 2021 7:00 PM IMPORTANT NOTICE REGARDING THE FEBRUARY 16, 2021 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/86113121512?pwd=ZVY5UmlZMmZ6Y251SVk1QkNTWjJDd z09. Password: 091034. You can also type in 86113121512 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.  Join by telephone: Dial: 877 336 1839. 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 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 will be reviewed and distributed before the meeting. All comments received will become part of the record. Page 2 REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to appear electronically or telephonically at the Town Council meeting: MAYOR MARICO SAYOC, VICE MAYOR ROB RENNIE, COUNCIL MEMBER MARY BADAME, COUNCIL MEMBER MATTHEW HUDES, and COUNCIL MEMBER MARIA RISTOW. All votes during the teleconferencing session will be conducted by roll call vote. MEETING CALL 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 Draft Minutes of January 26, 2021 Town Council Strategic Priority Meeting. 2. Approve Draft Minutes of January 28, 2021 Joint Meeting of the Town Council and Finance Commission. 3. Approve Draft Minutes of the February 2, 2021 Closed Session Meeting. 4. Approve Draft Minutes of February 2, 2021 Town Council Meeting. 5. Receive the Second Quarter Investment Report (October through December 2020) for Fiscal Year 2020/21. 6. Guardrail Replacement Project (CIP No. 812-0120): a. Approve the Project Plans and Specifications; b. Authorize Advertising the Project for Bid; c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount not to Exceed $800,000, Including Contingencies and Change Orders; and d. Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount. 7. Authorize the Town Manager to Negotiate and Execute a Vendor Agreement with Econolite Systems, Inc. in an Amount Not to Exceed $352,494, Including Contingency, for the Automated Traffic Signal Performance Measures and Virtual Bike Detection/Bike Signal Priority Project (CIP No. 813-0227 Traffic Signal Modernization). 8. Authorize the Town Manager to Execute an Agreement with HouseKeys for Administration of the Town’s Below Market Price Affordable Housing Program. 9. Authorize the Town Manager to Purchase Two Vehicles: a. One Vehicle from Folsom Lake Ford in an Amount not to Exceed $43,405; and b. One Cab Chassis with Aerial Lift Platform Body from Altec Industries, Inc. in an Amount not to Exceed $129,658. 10. Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Page 3 Property Zoned R:PD. Located at 110 Wood Road. APN 510-47-038. Applicant: Frank Rockwood. Property Owner: Covia Communities. Project Planner: Jocelyn Shoopman. 11. Adopt a Modified Economic Recovery Resolution to Reflect the Town Council’s Direction on Conditional Use Permits for up to Five New Markets or Other Non-Restaurant Uses; and Extend the Resolution Until At Least December 31, 2021. 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 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.) 12. Mid-Year Budget Performance report - Six Months ending December 31, 2020. a. Accept FY 2020/21 Mid-Year Budget Performance Report; b. Authorize Budget Adjustments as Recommended in the Mid-Year Budget Performance Report. 13. 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 2021/22 Operating and Capital Budgets. 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 review 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

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