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Council Meeting

Regular Meeting

Los Gatos, CA · May 4, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 05/18/2021 COUNCIL AGENDA REPORT ITEM NO: 2 Minutes of the Town Council Meeting May 4, 2021 The Town Council of the Town of Los Gatos conducted a regular meeting via Teleconference via COVID-19 Shelter in Place Guidelines on Tuesday, May 4, 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 PRESENTATIONS Mayor Sayoc presented Proclamations for Public Works Week, Building Safety Month, and Municipal Clerks Week and recognized staff in these work groups. COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Legislative Committee and Mobile Source Committee meetings; Institute for Local Government Addressing Hate Crime webinar; Disasters Do Not Wait Emergency Preparedness Fair; two Finance Commission special meetings; Community Health and Senior Services Commission (CHSSC) meeting; Silicon Valley Clean Energy Authority (SVCEA) Finance and Administration Committee meeting; and visited a South County farm and orchard. - Council Member Hudes stated he attended a Neighborhood Watch emergency preparedness meeting; Silicon Valley Leadership Group Mayor’s Circle meeting; two Finance Commission special meetings; and Council Policy Committee meeting as an observer. - Council Member Badame stated she attended the Finance Commission meeting as an observer and met with community member Kevin Arroyo regarding the Community Garden Project. 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 May 4, 2021 DATE: May 11, 2021 Council Matters - continued - Council Member Ristow stated that in addition to the meetings already mentioned, she attended the Chamber of Commerce’s Listen, Learn, Change, Grow campaign launch with Mayor Sayoc; two Finance Commission meetings as an observer; Council Policy Committee with Mayor Sayoc; met with residents including the Anti-Racism Coalition and Chamber of Commerce; attended the Highway 9 Trail Connector public meeting; announced the last General Plan Advisory Committee (GPAC) meeting on May 6, 2021; announced Bike to School Day will be on May 5, 2021. - Mayor Sayoc stated in addition the meetings previously mentioned, the April 20 Council meeting was adjourned in honor of former Planning Commissioner Charles Erekson and she attended a service for him. Manager Matters - Announced the GPAC Meeting will be held on May 6, 2021. - Announced the Police Department will hold a community meeting to review automated license plate readers on May 11, 2021 and more information can be found on the Police Department website. - Announced Employee Parking Surveys will be sent out this week by the Police Department. - Announced free COVID-19 testing will be held at the Adult Recreation Center on May 17; appointments are strongly recommended and will be available beginning May 10. - Stated recent economic activity catalyzed by the Council’s economic recovery resolution. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Minutes of the April 20, 2021 Closed Session Town Council Meeting. 2. Approve Minutes of the April 20, 2021 Regular Town Council Meeting. 3. Authorize Actions for the Purchase and Maintenance of Police Vehicle Mobile Audio and Video with Integrated Automated License Plate Reader Technology: a. Authorize the Town Manager to Execute a Six-Year Agreement with Axon Enterprises Incorporated for the Purchase and Maintenance of Police Vehicle Mobile Audio and Video with Integrated Automated License Plate Reader Technology in an Amount of $214,851.49. b. Authorize an Expenditure Budget Transfer of $35,222.28 from the Equipment Replacement Fund to the Police Department Operating Budget. 4. Adopt an Ordinance of the Town of Los Gatos Amending Chapter 25, by Renaming it to “Revenue and Taxation” and Adding Article VII, Sections 25.70.010- 25.70.140 of the Los Gatos Town Code Entitled Public Art Funding. ORDINANCE 2318 5. Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 1, 2021 as a Public Hearing to Consider Objections to the Proposed Removal of Brush. RESOLUTION 2021-011 PAGE 3 OF 7 SUBJECT: Minutes of the Town Council Meeting of May 4, 2021 DATE: May 11, 2021 Consent Items – continued 6. Authorize the Following Actions: a. Accept a California Department of Resources Recycling and Recovery (CalRecycle) Grant in the Amount of $230,000; and b. Authorize Revenue and Expenditure Budget Adjustment in the Amount of $230,000 in the Fiscal Year 2020/21 Capital Improvement Program (CIP) Budget for the Street Repair and Resurfacing Project (CIP No. 811-9901). 7. Landscape and Lighting Assessment Districts 1 & 2 a. Adopt a Resolution (Attachment 1) Approving the Engineer’s Report (Attachment 8) for FY 2021/22. RESOLUTION 2021-012 b. Adopt a Resolution (Attachment 2) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone. RESOLUTION 2021-013 c. Adopt a Resolution (Attachment 3) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone. RESOLUTION 2021-014 d. Adopt a Resolution (Attachment 4) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone. RESOLUTION 2021-015 e. Adopt a Resolution (Attachment 5) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. RESOLUTION 2021-016 f. Move $16,089 from the Kennedy Meadows Fund Balance to the Kennedy Meadows District Weed Abatement Budget. g. Adopt a Resolution (Attachment 6) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. RESOLUTION 2021-017 h. Adopt a Resolution (Attachment 7) of intention to Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone. RESOLUTION 2021-018 i. Set June 15, 2021 as the Date for the Public Hearing to Consider Protests for the Levy and Collection of Assessments. 8. Approve a Funding Agreement with the Santa Clara Valley Transportation Authority for the State Route 17 Corridor Congestion Relief Project (CIP NO. 813-0237). 9. Adopt an Ordinance for a Zone Change from O:LHP (Office with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) for Property Located at 246 Almendra Avenue. APN: 510-14-019. Zone Change Application Z-20-001. Property Owner: Gary Filizetti. Applicant: Brett Brenkwitz. ORDINANCE 2316 PAGE 4 OF 7 SUBJECT: Minutes of the Town Council Meeting of May 4, 2021 DATE: May 11, 2021 Consent Items – continued 10. Adopt an Ordinance for a Zone Change from R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) to C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay), for Property Located at 4 Tait Avenue. APN: 510-44-054. Zone Change Application Z-20-002. Property Owner: Town of Los Gatos. Applicant: Jim Foley. ORDINANCE 2317 11. Authorize the Town Manager to Execute Agreements with the County of Santa Clara for: a. Countywide Household Hazardous Waste Collection Program; and b. AB939 Implementation Fee Collection and Distribution. 12. Authorize the Town Manager to Execute a Five-Year Agreement for Consultant Services with TruePoint Solutions DigEplan (LCT Software) for Electronic Plan Review Services in an Amount Not to Exceed $89,474, Including a 3 Percent Increase Each Year with the First Year Not to Exceed $16,859. MOTION: Motion by Council Member Rennie to approve Consent Items 1-12. Seconded by Council Member Badame. VOTE: Motion passed unanimously for items 1-8, and 11-12. Item 9 passed 3-0-2, Vice Mayor Rennie and Council Member Badame Recused. Item 10 passed 4-0-1, Council Member Ristow Recused. VERBAL COMMUNICATIONS Lynley Ker Hogan - Commented in opposition to the Listen, Learn, Change, Grow campaign; requested Council act against Critical Race Theory; and requested the resignation of the Town Manager, Town Attorney, Town Council, and the Chamber of Commerce Executive Director. Michael Hutchinson - Requested the Council allow boutique cannabis dispensaries with Conditional Use Permits. Rob Moore - Commented in support of the Chamber’s Listen, Learn, Change, Grow campaign; requested Council scrutinize the Police Department budget; and thanked the Council for their support of Bike Month. Amy Nishide, Los Gatos Anti-Racism Coalition - Commented she will advocate for additional mental health services during the budget discussions; requested Council consider freezing the Police Department budget other than pension obligations, and consider a hiring freeze. PAGE 5 OF 7 SUBJECT: Minutes of the Town Council Meeting of May 4, 2021 DATE: May 11, 2021 OTHER BUSINESS 13. Receive the Report and Presentation from West Valley Solid Waste Management Authority Regarding Senate Bill 1383 Updates and Implementation. Matt Morley, Director of Parks and Public Works, presented the staff report and introduced the Town’s Environmental Programs staff Marina Chislett. Marva Sheehan, West Valley Solid Waste Management Authority (WVSWA), gave the presentation. Opened public comments. Lynley Kerr Hogan - Inquired if chicken owners are able to opt out of paying a fee for food waste management. Closed public comments. Council discussed the item. Council received the report and presentation, and discussed Senate Bill 1383 updates and implementation. 14. Consider Requests for Additional Funding for Special Events and Destination Marketing and Other Town Needs, and Direct Staff on Next Steps. Laurel Prevetti, Town Manager, presented the staff report. Opened public comment. Paul Kent - Requested Council consider allowing events with live music to assist in supporting economic recovery. Jim Foley, Chamber of Commerce Board of Directors - Commented in support of the Town funding events and destination marketing. Randi Chen, Chamber of Commerce - Presented a brief overview of the proposed destination marketing and the current operations of the Visitor Information Center. Donna McCurrie - Commented in support of a destination marketing program. PAGE 6 OF 7 SUBJECT: Minutes of the Town Council Meeting of May 4, 2021 DATE: May 11, 2021 Other Business Item #14 – continued Alice Southwell - Commented in support of utilizing American Rescue Plan Act (ARPA) funds for destination marketing. Catherine Sommers - Commented in support of using ARPA funds for destination marketing and special events. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Hudes to use the following principles to evaluate and consider these and potential future requests: 1. Allocate funds in an equitable and objective manner to benefit all residents and all areas of Town; 2. Enthusiastically support events from all community partners in a flexible manner and avoid high traffic times, using ARPA funds pending further guidance from staff; 3. Utilize the Community Grant process, including the equitable allocation, and consider the total budget for the Grants and moving the process timeline along as quickly as practical; 4. Include destination marketing and use it to improve the branding of Los Gatos with its historic heritage and iconic structures, and do so with a clear definition of the scope of work with assistance from staff; 5. Encourage opportunities and events to build synergy between the Town's office/tech companies and the local retail/restaurant business work force; and 6. Avoid any conflicts of interest in the public/private partnership with the Chamber of Commerce. Seconded by Council Member Badame. Friendly amendment by Vice Mayor Rennie to broaden the funding sources beyond ARPA to also include the Town’s Economic Recovery Fund, sale of Winchester property proceeds, or other Town resources. Friendly amendment accepted by the maker of the motion and seconder. VOTE: Motion passed unanimously. PAGE 7 OF 7 SUBJECT: Minutes of the Town Council Meeting of May 4, 2021 DATE: May 11, 2021 Other Business Item #14 - continued MOTION: Motion by Vice Mayor Rennie to allow up to seven Thursday night downtown street closures over the summer (to be completed by October 1), with $80,000 of total Town funds to support the closures. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 10:02 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA MAY 04, 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 of 5 TOWN OF LOS GATOS COUNCIL MEETING AGENDA MAY 04, 2021 7:00 PM IMPORTANT NOTICE REGARDING THE MAY 4, 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/81981846332?pwd=SElUS2QzOWVuRi9KdVREK2xIQUk3dz09. Password: 426753. You can also type in 81981846332 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 of 5 TOWN OF LOS GATOS COUNCIL MEETING AGENDA MAY 04, 2021 7:00 PM 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 PRESENTATIONS i. Public Works Week Proclamation ii. Building Safety Month Proclamation iii. Municipal Clerks Week Proclamation 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 April 20, 2021 Closed Session Town Council Meeting. 2. Approve Minutes of the April 20, 2021 Regular Town Council Meeting. 3. Authorize Actions for the Purchase and Maintenance of Police Vehicle Mobile Audio and Video with Integrated Automated License Plate Reader Technology: a. Authorize the Town Manager to Execute a Six-Year Agreement with Axon Enterprises Incorporated for the Purchase and Maintenance of Police Vehicle Mobile Audio and Video with Integrated Automated License Plate Reader Technology in an Amount of $214,851.49. b. Authorize an Expenditure Budget Transfer of $35,222.28 from the Equipment Replacement Fund to the Police Department Operating Budget. 4. Adopt an Ordinance of the Town of Los Gatos Amending Chapter 25, by Renaming it to “Revenue and Taxation” and Adding Article VII, Sections 25.70.010- 25.70.140 of the Los Gatos Town Code Entitled Public Art Funding. 5. Adopt a Resolution Declaring Hazardous Vegetation (Brush) a Public Nuisance, Ordering Abatement, and Setting June 1, 2021 as a Public Hearing to Consider Objections to the Proposed Removal of Brush. Page 3 of 5 6. Authorize the Following Actions: a. Accept a California Department of Resources Recycling and Recovery (CalRecycle) Grant in the Amount of $230,000; and b. Authorize Revenue and Expenditure Budget Adjustment in the Amount of $230,000 in the Fiscal Year 2020/21 Capital Improvement Program (CIP) Budget for the Street Repair and Resurfacing Project (CIP No. 811-9901). 7. Landscape and Lighting Assessment Districts 1 & 2 a. Adopt a Resolution (Attachment 1) Approving the Engineer’s Report (Attachment 8) for FY 2021/22. b. Adopt a Resolution (Attachment 2) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Blackwell Drive Benefit Zone. c. Adopt a Resolution (Attachment 3) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Kennedy Meadows Benefit Zone. d. Adopt a Resolution (Attachment 4) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Santa Rosa Heights Benefit Zone. e. Adopt a Resolution (Attachment 5) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Vasona Heights Benefit Zone. f. Move $16,089 from the Kennedy Meadows Fund Balance to the Kennedy Meadows District Weed Abatement Budget. g. Adopt a Resolution (Attachment 6) of Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 1-Hillbrook Drive Benefit Zone. h. Adopt a Resolution (Attachment 7) of intention to Intention to Order the Levy and Collection of Assessments for Landscape and Lighting District No. 2-Gemini Court Benefit Zone. i. Set June 15, 2021 as the Date for the Public Hearing to Consider Protests for the Levy and Collection of Assessments. 8. Approve a Funding Agreement with the Santa Clara Valley Transportation Authority for the State Route 17 Corridor Congestion Relief Project (CIP NO. 813-0237). 9. Adopt an Ordinance for a Zone Change from O:LHP (Office with a Landmark and Historic Preservation Overlay) to R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) for Property Located at 246 Almendra Avenue. APN: 510-14-019. Zone Change Application Z-20-001. Property Owner: Gary Filizetti. Applicant: Brett Brenkwitz. 10. Adopt an Ordinance for a Zone Change from R-1D:LHP (Single-Family Residential Downtown with a Landmark and Historic Preservation Overlay) to C-2:LHP (Central Business District with a Landmark and Historic Preservation Overlay), for Property Located at 4 Tait Avenue. APN: 510-44-054. Zone Change Application Z-20-002. Property Owner: Town of Los Gatos. Applicant: Jim Foley. 11. Authorize the Town Manager to Execute Agreements with the County of Santa Clara for: a. Countywide Household Hazardous Waste Collection Program; and b. AB939 Implementation Fee Collection and Distribution. 12. Authorize the Town Manager to Execute a Five-Year Agreement for Consultant Services with TruePoint Solutions DigEplan (LCT Software) for Electronic Plan Review Services in Page 4 of 5 an Amount Not to Exceed $89,474, Including a 3 Percent Increase Each Year with the First Year Not to Exceed $16,859. 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 to each speaker on any of the following items by following the Participation Instructions on page 2 of this agenda.) 13. Receive the Report and Presentation from West Valley Solid Waste Management Authority Regarding Senate Bill 1383 Updates and Implementation. 14. Consider Requests for Additional Funding for Special Events and Destination Marketing and Other Town Needs, and Direct Staff on Next Steps. 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. Copies of desk items distributed to members of the Council at 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 5 of 5

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