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Council Meeting

Regular Meeting

Los Gatos, CA · May 18, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 05/18/2021 COUNCIL AGENDA REPORT ITEM NO: 1 Minutes of the Town Council Meeting May 18, 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 18, 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 The Mayor presented the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award to the Town Finance Department. COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Budget Hearing meeting; Kiwanis Turnaround Scholarship lunch with Chief Decena and Mayor Sayoc; Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee and Board meetings; Finance Commission meeting; Community Health and Senior Services (CHSSC) meeting; Youth Commission Interviews and deliberations with Chief Decena and Youth Commission Chair Ryu; Valley Transportation Authority (VTA) Policy Advisory Committee meeting; Community Emergency Response Team (CERT) Simulated Earthquake Disaster and HAM Radio drill; and Joint Venture Silicon Valley Sustainability Roundtable. - Council Member Badame stated she attended meetings of the West Valley Clean Water Authority (WVCWA) Board, West Valley Solid Waste Management Authority Board (WVSWMA), General Plan Update Advisory Committee (GPAC) with Council Member Ristow, and Finance Commission and CHSSC as an observer. - Council Member Hudes stated he attended the Finance Commission and Silicon Valley Bicycle Coalition Slow Streets Virtual Infrastructure Program. - Council Member Ristow stated she attended the GPAC meeting; West Valley Sanitation District (WVSD) Board meeting; Complete Streets and Transportation Committee (CSTC) and Finance Commission meetings as an observer; met with the Chamber of Commerce, residents, and the Audubon Society; and announced and encouraged the public to participate in the Silicon Valley Bicycle Coalition “Bike to Wherever Day” on Saturday, May 22 from 1-5 p.m. with the Town sponsoring an energizing station in front of the Library. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 8 SUBJECT: Minutes of the Town Council Meeting of May 18, 2021 DATE: May 19, 2021 Council Matters – continued - Mayor Sayoc stated in addition to the meetings previously stated, she attended the West Valley Community Services Market reopening and rebranding. Manager Matters - Announced Community Conversations will be held to receive input on the Draft General Plan, receive input and identify Town Service Priorities and Cost Containment ideas, and continuing the Town’s efforts on Justice, Equity, Diversity, and Inclusion (JEDI), and stated more information on all of the Community Conversations will be forthcoming. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Draft Minutes of May 4, 2021 Joint Town Council and Library Board Study Session Meeting. 2. Approve Draft Minutes of May 4, 2021 Town Council Meeting. 3. Approve Draft Minutes of May 5, 2021 Special Town Council Meeting - Council Retreat. 4. Authorize the Following Actions: a. Adopt A Resolution (Attachment 1) Authorizing the Town Manager to File an Application for the 2021/22 Metropolitan Transportation Commission (MTC) Transportation Development Act (TDA) Article 3 Funds in the Amount of $62,884 for Pedestrian Improvements. RESOLUTION 2021-019 b. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $62,884 in the Adopted Fiscal Year 2020/21 Capital Improvement Program (CIP) Budget for the Curb, Gutter, and Sidewalk Maintenance Project (Project 813-9921). 5. Authorize the Town Manager to Execute Agreements with Burke, Williams & Sorensen, Richards Watson & Gershon, and the Renne Public Law Group, for Independent Police Auditor Investigation Services. 6. Receive the Third Quarter Investment Report (January through March 2021) for Fiscal Year 2020/21. MOTION: Motion by Council Member Ristow to approve Consent Items 1-6. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Rob Moore, Los Gatos Anti-Racism Coalition - Commented in support of hiring social workers to respond to mental health calls for service. Ann-Marie - Shared her experiences of intoxicated people knocking on her door, commented on the lack of resources for the Police Department to handle the intoxicated person, and in support of hiring a social worker to respond to mental health and substance abuse calls. PAGE 3 OF 8 SUBJECT: Minutes of the Town Council Meeting of May 18, 2021 DATE: May 19, 2021 Verbal Communications – continued Russ - Commented in support of hiring social workers to respond to mental health calls for service. Amy Nishide, Los Gatos Anti-Racism Coalition - Commented in support of hiring a non-sworn community service officer to respond to mental health calls for service. Doug - Commented in opposition of Critical Race Theory (CRT) and the Chamber of Commerce’s Listen, Learn, Change, Grow campaign. Marcus Thordal - Commented on his remodel project and the difficulties he sees with the Town’s sidewalk standards compared with another approach as depicted in his slide presentation. Cyndi Sheehan - Commented in opposition of CRT and the Chamber of Commerce’s Listen, Learn, Change, Grow campaign. C. Roy - Commented in opposition of CRT and Diversity, Equity, and Inclusion (DEI) efforts; requested the Town remove any Listen, Learn, Change, Grow items from future agendas and urge the schools to remove CRT curriculum. Alicia (Spargo) - Commented in support of the Chamber of Commerce’s Listen, Learn, Change, Grow campaign and stated the goal of the campaign was to have difficult conversations. Yanwu Zhang - Commented in opposition of CRT, hiring social workers to service mental health calls, and the Chamber of Commerce’s Listen, Learn, Change, Grow campaign. PAGE 4 OF 8 SUBJECT: Minutes of the Town Council Meeting of May 18, 2021 DATE: May 19, 2021 PUBLIC HEARING 7. Operating and Capital Budgets A. Consider the recommendations of the Finance Commission and staff, and provide direction on the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year (FY) 2021/22 and on the Proposed Capital Improvement Program for FY 2021/22 – FY 2025/26; including but not limited to: 1. Determine the use of the accumulated $1.2 Million Measure G funds through June 30, 2020 2. Determine the use of the Measure G proceeds in FY 2020/21 3. Determine the use of Measure G proceeds in FY 2021/22 4. Determine the use of the of Measure G proceeds for the remaining years of the forecast period 5. Provide direction balancing the FY 2020/21 Budget 6. Provide direction on any changes to proposed expense/revenue assumptions for the FY 2021/22 Budget and the remaining forecast period 7. Provide direction balancing the FY 2021/22 Proposed Budget 8. Determine the use of $1.2 Million in Surplus Property Reserve (Winchester property sale proceeds) 9. Provide direction on the Proposed Operating Budget 10. Provide direction on the Proposed Capital Budget 11. Consider the FY 2021/22 List of Potential Donations consistent with the Town’s Donation Policy 12. Clarify the Council’s Strategic Priority for revenue enhancements Laurel Prevetti, Town Manager, presented the staff report. Opened public comment. Stanford Stickney - Commented in support of fire mitigation and preventative measures; commented in opposition of the Finance Commission’s recommendation of a 6-month hiring freeze. Maria Zweifler - Commented in opposition of the Finance Commission’s recommendation of a 6-month hiring freeze and funding Destination Marketing. Rob Moore - Commented in support of the Finance Commission’s recommendation to allocate $500,000 to continue the roadside fire fuel reduction project. Russ - Commented in support of the proposed budget. PAGE 5 OF 8 SUBJECT: Minutes of the Town Council Meeting of May 18, 2021 DATE: May 19, 2021 Public Hearing Item #7 - continued Ali Miano - Commented in support of the Finance Commission’s proposed 6-month hiring freeze and proposed reallocating the funds to other community priorities. Ed Turner - Commented in opposition of the Finance Commission’s proposed 6-month hiring freeze. Catherine Somers, Los Gatos Chamber of Commerce Executive Director - Requested American Rescue Plan Act (ARPA) funds be allocated to other priorities rather than balancing the budget. Bryan Paul, Los Gatos-Monte Sereno Police Officer’s Association President - Commented in opposition of the Finance Commission’s proposed 6-month hiring freeze. Amy Nishide - Commented in support of fire mitigation and preventative measures and hiring mental health service workers. Pat - Inquired if social workers will be helpful in responding to mental health service calls and commented in opposition of the proposed Finance Commission’s 6-month hiring freeze. Kingzlee Barrett - Commented in opposition of the Finance Commission’s proposed 6-month hiring freeze. LVM Parents - Commented in opposition of the Finance Commission’s proposed 6-month hiring freeze. Phone Number ending in 5997 - Commented in opposition of the Finance Commission’s proposed 6-month hiring freeze. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Badame to clarify that the strategic priority for revenue enhancements must maintain high levels of service and invest in Capital Improvements and seek what services the community would like to prioritize through community conversations. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. PAGE 6 OF 8 SUBJECT: Minutes of the Town Council Meeting of May 18, 2021 DATE: May 19, 2021 Public Hearing Item #7 – continued MOTION: Motion by Vice Mayor Rennie to  Allocate fifty percent ($600,000) of the accumulated Measure G funds through June 30, 2020 to the Operating Budget and fifty percent ($600,000) to the Capital Improvement Budget;  Allocate fifty percent of FY 20/21 Measure G proceeds to the Operating Budget and fifty percent to the Capital Improvement Budget;  Allocate fifty percent of FY 21/22 Measure G proceeds to the Operating Budget and fifty percent to the Capital Improvement Budget. Seconded by Council Member Ristow. VOTE: Motion passed 4/1, Council Member Hudes opposed. MOTION: Motion by Vice Mayor Rennie to allocate fifty percent of the Measure G proceeds to the Operating Budget and fifty percent to the Capital Improvement Budget for the remaining years of the forecast. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Rennie to utilize American Rescue Plan Ace (ARPA) funds as needed up to $350,00 to balance the FY 21/22 proposed budget. Seconded by Council Member Ristow. VOTE: Motion passed 3/2. Council Members Badame and Hudes opposed. MOTION: Motion by Vice Mayor Rennie to utilize a 2% base salary inflation to the proposed expense assumptions for the FY 2021/22 Budget and the remaining forecast period. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Rennie to allocate the funds from the Winchester property sale reserve to the General Fund Appropriated Reserve (GFAR) for capital improvements. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Hudes to cancel Other Post-Employment Benefits (OPEB) payments up to $500,000 to balance the FY 21/22 proposed budget to the extent necessary. Seconded by Council Member Badame. VOTE: Motion passed unanimously. PAGE 7 OF 8 SUBJECT: Minutes of the Town Council Meeting of May 18, 2021 DATE: May 19, 2021 Public Hearing Item #7 – continued MOTION: Motion by Mayor Sayoc to direct staff to return to Council in three months with suggestions to initiate seed funding for mental health services in Town within the Police Department. Seconded by Vice Mayor Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Rennie to allocate $55,000 of ARPA funds for destination marketing to the Chamber of Commerce. Seconded by Council Member Badame. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Rennie to allocate $500,000 from GFAR for roadside vegetation management. Seconded by Council Member Badame. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Hudes to not accept the Finance Commission’s recommendation for a proposed 6-month hiring freeze. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. MOTION: Motion by Mayor Sayoc to give authority to Town Manager to use third-party resources to identify Town-wide efficiencies and facilitate community conversations. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Badame to approve 20/21 and 21/22 donation list consistent with donation policy. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS - continued Eden Berg - Commented in opposition of CRT and the Chamber of Commerce’s Listen, Learn, Change, Grow campaign. Joseph - Commented in opposition of CRT in schools. PAGE 8 OF 8 SUBJECT: Minutes of the Town Council Meeting of May 18, 2021 DATE: May 19, 2021 Verbal communications - continued Kelly - Commented in opposition of CRT in schools, the Chamber of Commerce’s Listen, Learn, Change, Grow campaign, and defunding the Police. Lynley Kerr Hogan - Commented in opposition of CRT in schools, the Chamber of Commerce’s Listen, Learn, Change, Grow campaign, and Black Lives Matter. MOTION: Motion by Mayor Sayoc to extend the meeting past 12:00 a.m. Seconded by Vice Mayor Rennie. VOTE: Motion passed unanimously. Cowboy - Commented in opposition of CRT in schools. Ali Miano - Commented on her understanding of CRT and stated the Chamber’s Listen, Learn, Change, Grow campaign has nothing to do with CRT. Glen - Commented in opposition of CRT. ADJOURNMENT The meeting adjourned at 12:01 a.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA MAY 18, 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 18, 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/82002147258?pwd=TEwxWFdGc0N3RlYwbkQ5TzN5QUYrdz0 9. Password: 209648. You can also type in 82002147258 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 18, 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. Government Finance Officers Association Distinguished Budget Presentation Award. 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 May 4, 2021 Joint Town Council and Library Board Study Session Meeting. 2. Approve Draft Minutes of May 4, 2021 Town Council Meeting. 3. Approve Draft Minutes of May 5, 2021 Special Town Council Meeting - Council Retreat. 4. Authorize the Following Actions: a. Adopt A Resolution (Attachment 1) Authorizing the Town Manager to File an Application for the 2021/22 Metropolitan Transportation Commission (MTC) Transportation Development Act (TDA) Article 3 Funds in the Amount of $62,884 for Pedestrian Improvements. b. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $62,884 in the Adopted Fiscal Year 2020/21 Capital Improvement Program (CIP) Budget for the Curb, Gutter, and Sidewalk Maintenance Project (Project 813-9921). 5. Authorize the Town Manager to Execute Agreements with Burke, Williams & Sorensen, Richards Watson & Gershon, and the Renne Public Law Group, for Independent Police Auditor Investigation Services. 6. Receive the Third Quarter Investment Report (January through March 2021) for Fiscal Year 2020/21. Page 3 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 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.) PUBLIC HEARINGS (Applicants/Appellants, their representatives, and members of the public wishing to address the Council on any Public Hearing item should follow 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.) 7. Operating and Capital Budgets A. Consider the recommendations of the Finance Commission and staff, and provide direction on the Town of Los Gatos Proposed Operating and Capital Budget for Fiscal Year (FY) 2021/22 and on the Proposed Capital Improvement Program for FY 2021/22 – FY 2025/26; including but not limited to: 1. Determine the use of the accumulated $1.2 Million Measure G funds through June 30, 2020 2. Determine the use of the Measure G proceeds in FY 2020/21 3. Determine the use of Measure G proceeds in FY 2021/22 4. Determine the use of the of Measure G proceeds for the remaining years of the forecast period 5. Provide direction balancing the FY 2020/21 Budget 6. Provide direction on any changes to proposed expense/revenue assumptions for the FY 2021/22 Budget and the remaining forecast period 7. Provide direction balancing the FY 2021/22 Proposed Budget 8. Determine the use of $1.2 Million in Surplus Property Reserve (Winchester property sale proceeds) 9. Provide direction on the Proposed Operating Budget 10. Provide direction on the Proposed Capital Budget 11. Consider the FY 2021/22 List of Potential Donations consistent with the Town’s Donation Policy 12. Clarify the Council’s Strategic Priority for revenue enhancements 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 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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