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Council Meeting

Regular Meeting

Los Gatos, CA · August 3, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 08/17/2021 COUNCIL AGENDA REPORT Minutes of the Town Council Meeting August 3, 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, August 3, 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 CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and no action was taken that requires reporting under the Brown Act. COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Board, Mobile Source, and Climate Committee meetings; Community Health and Senior Services Commission (CHSSC) meetings; Silicon Valley Housing Policy Leadership Academy; Finance Commission meetings; traffic control virtual training for Community Emergency Response Team (CERT) members by the Los Gatos-Monte Sereno Police Department; Gender Equity Impact of the Pandemic webinar; Silicon Valley Clean Energy Authority (SVCEA) Finance and Administrative Committee meetings. - Council Member Ristow stated she was on personal leave and thanked the Council, Town staff, and the community for supporting her and her family. - Council Member Hudes stated he attended the Finance Commission meetings; North 40 (N40) Phase II Community meeting; CHSSC meetings as an observer; Silicon Valley Regional Interoperability Agency Board meeting; Santa Clara Valley Water Commission as a voting alternate; and visited the Nuro facility. - Council Member Badame stated she participated in the Los Gatos-Monte Sereno Police Department (LGMSPD) Special Olympics Team Torch Run; she attended an introductory meeting with the Police Officers Association (POA) President, two POA members, Chief Decena, and Manager Prevetti; Community meetings on the draft General Plan; Finance Commission meetings as an observer; Democracy Tent meetings as an observer; and several Thursday Promenade events. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 9 SUBJECT: Minutes of the Town Council Meeting of August 3, 2021 DATE: August 3, 2021 Council Matters - continued - Mayor Sayoc stated she attended the West Valley Mayor’s and Manager’s Association meetings; Santa Clara County Cities Association General Membership meetings; Hate Crimes Task Force meetings; N40 Phase II Community meeting; Community meetings on the draft General Plan; ceremonial events; and met with residents. Manager Matters - Announced Building, Planning, Business Licenses, and Engineering public counters will reopen on August 30, 2021. Online options will continue to be offered. - Announced the Library is fully open with seating and laptops are available; per the Santa Clara County Health Order, masks are required indoors at all Town facilities. - Announced in person Council meetings will return beginning August 17 and per the Santa Clara County Health Order, masks are required indoors; remote participation options will continue to be available. - Announced the General Plan Update is underway; both the draft General Plan and draft Environmental Impact Reports are available for review and comments on both documents are welcome. - Encouraged everyone to visit the Town booth at the Farmer’s market for more information on the General Plan. - Announced a Planning Commission and Town Council General Plan Study Session will be held via teleconference at a date to be announced. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council Closed Session Meeting Minutes of June 15, 2021. 2. Approve Council Meeting Minutes of June 15, 2021. 3. Accept Report on Town Manager Approved Actions During the 2021 Town Council Legislative Recess. 4. Consider Approval of a Permanent Sign Permit Application on Property Zoned C-1:PD Located at 110 E. Main Street. APN 529-34-108. Sign Permit Application SN-21-005. Property Owner: Town of Los Gatos. Applicant: Friends Bookstore. 5. Adopt a Resolution Establishing a Housing Element Advisory Board for the 2023-2031 Housing Element Update. RESOLUTION 2021-032 6. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2021/22 Funded by State Senate Bill 1, the Road Repair and Accountability Act of 2017. RESOLUTION 2021-033 7. Authorize a Contract Amendment with SWCA Environmental Consultants in the Amount of $26,000 for a Total Revised Contract Amount not to Exceed $225,828 for Capital Improvement Project 832-4508 Vegetation Management. 8. Receive Update on ARPA Allocations to Nonentitlement Units of Government and the Town’s Allocation. PAGE 3 OF 9 SUBJECT: Minutes of the Town Council Meeting of August 3, 2021 DATE: August 3, 2021 Consent Items - Continued 9. a. Adopt a Resolution Required by the California Department of Tax and Fee Administration. RESOLUTION 2021-034 b. Rescind Resolution 2019-002 A Resolution of the Town Council of the Town of Los Gatos, Authorizing Certain Town Representatives and a Town Contractor Access to Sales, Transactions and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056. c. Authorize Amendment and Novation Agreement Between Avenu Insights & Analytics, LLC and MuniServices, LLC for Consultant Services Related to Sales Tax Information and District Tax Information. 10. Authorize the Town Manager to Execute a Contract First Amendment with St. Francis Electric, Inc. for the Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services in the Amount of $8,567, to be Funded from Fiscal Year 2020/21 Parks and Public Works Department – Engineering Development Services Program (5202), for a Total Revised Contract Amount Not to Exceed $683,567. 11. Endorse the Santa Clara County Cities Association Recommendation for Police Reform. 12. Adopt a Resolution Establishing a Senior Service Committee for Development of a Long- Term Vision and Plan for Senior Service Provision. RESOLUTION 2021-035 Council Member Hudes pulled items #5 and #8. Council Member Badame requested to comment on item #7 as recommended by staff in the Desk Item. Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Council Member Badame to approve Consent Items 1 through 4, 6, 7 including the added wording to extend the agreement to June 30, 2022, and 9 through 12. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS C. Roy - Commented in opposition of the rainbow crosswalk, Critical Race Theory (CRT), and mask mandate; inquired if exceptions can be made to the mask mandate; commented in support of Town counters opening to the public on August 30. PAGE 4 OF 9 SUBJECT: Minutes of the Town Council Meeting of August 3, 2021 DATE: August 3, 2021 Verbal Communications – continued Carl Guardino, Bloom Energy Executive Vice President - Announced the inaugural Stars and Strides Community Run will be held on August 22 and sign ups can be done online. Rob Moore, Together We Will Indivisible - Commented in support of diversity, equity, and inclusion (DEI) efforts. Julie Ott-Surjan, Valley Medical Center Foundation Director of Events - Encouraged all to participate in the Stars and Strides Community Run on August 22 and stated sign ups can be done online. Yvette Weislak - Commented in opposition of CRT and the rainbow crosswalks. B Bice - Commented in opposition of CRT and the rainbow crosswalks. Ali Miano - Commented in support of the rainbow crosswalks, and stated CRT is not taught in schools. Dahlia Epperson - Commented CRT is being taught in schools, and opposed the rainbow crosswalks. PJ (Pat) Kearns - Commented in support of the Stars and Strides Community Run. Amy Nishide - Thanked the Town Council and Chamber of Commerce for their efforts in DEI and commented that the School Board is responsible for hearing comments regarding CRT being taught in schools. Lee Quintana - Commented in support of Amy’s comments and CRT. PUBLIC HEARINGS 13. Water Conservation a. Adopt a 45-day Urgency Ordinance Declaring the Existence of a Condition of Drought and Providing for Mandatory Reductions in and Specified Prohibition of Water Use; and b. Direct Staff to Implement or Continue Water Conservation Measures and Activities as Described in the Staff Report. ORDINANCE 2319 PAGE 5 OF 9 SUBJECT: Minutes of the Town Council Meeting of August 3, 2021 DATE: August 3, 2021 Public Hearing Item #13 – continued Matt Morley, Parks and Public Works Director, presented the staff report. Opened Public Comment. Sara Walker - Commented on the state of the turf at Bachman Park and requested water conservation measures in the Town parks be implemented equitably. PJ (Pat) Kearns - Commented in support of the item; inquired if public service announcements can be televised. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Ristow to  Adopt a 45-day urgency ordinance declaring the existence of a condition of drought and providing for mandatory reductions in and specific prohibition of water use; and  Direct staff to implement or continue water conservation measures and activities as described in the staff report. Seconded by Council Member Badame. VOTE: Motion passed unanimously. Town Clerk Neis read the title of the ordinance. 14. Weed Abatement Program Public Hearing to Consider Objections to the 2021 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges. RESOLUTION 2021-036 Stefanie Hockemeyer, Executive Assistant, presented the staff report. Opened Public Comment. Maria Eaves - Commented on her protest of the charges for her property. Closed Public Comment. PAGE 6 OF 9 SUBJECT: Minutes of the Town Council Meeting of August 3, 2021 DATE: August 3, 2021 Public Hearing Item #14 – continued Council discussed the matter. MOTION: Motion by Council Member Badame to adopt a resolution confirming the report and authorizing collection of the 2021 Weed Abatement Program Assessment charges. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. OTHER BUSINESS 15. Discuss and receive the Police Services Report: January-June 2021. Jamie Field, Police Captain, and Sarah Tada, Records and Communications Manager, presented the staff report. Opened Public Comment. Amy Nishide - Requested a meeting with Capitan Field to discuss her questions and inquired why Hispanic populations were arrested, stopped, and cited more frequently than other demographics. Closed Public Comment. Council discussed the matter. Council received the Police Services Report: January-June 2021. 16. Direct the Further Implementation of Mental Health Response Options Within the Police Department. Peter Decena, Chief of Police, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. Council discussed the matter. PAGE 7 OF 9 SUBJECT: Minutes of the Town Council Meeting of August 3, 2021 DATE: August 3, 2021 Other Business Item #16 – continued MOTION: Motion by Council Member Badame to  Implement a Vulnerable Communities Response Team, Enhanced Critical Incident Training (CIT) for Patrol Officers, mental health response training for the Victim Services Unit (VSU), Virtual Reality training system program, incorporate Integrating Communications, Assessment, and Tactics (ICAT) into the defensive tactics training curriculum;  Return to Council at a later date with the cost and viability assessment of the contract ambulance program to transport individuals detained under Welfare and Institutions Code 5150 to Emergency Psychiatric Services and therapy canine program; and  Direct Town personnel to meet with County leaders to explore further mental health response options. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. 17. Authorize the Town Manager to Execute a Joint Memorandum of Understanding (MOU) Agreement with Santa Clara County Law Enforcement Agencies for Participation and Services Provided by the Santa Clara County Specialized Enforcement Team (SCCSET) Task Force from July 1, 2021 to June 30, 2031. Peter Decena, Chief of Police, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Badame to authorize the Town Manager to execute a Joint Memorandum of Understanding (MOU) Agreement with Santa Clara County Law Enforcement Agencies for participation and services provided by the Specialized Enforcement Team (SCCSET) Task Force from July 1, 2021 to June 30, 2031. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. PAGE 8 OF 9 SUBJECT: Minutes of the Town Council Meeting of August 3, 2021 DATE: August 3, 2021 PULLED CONSENT ITEMS 5. Adopt a Resolution Establishing a Housing Element Advisory Board for the 2023-2031 Housing Element Update. RESOLUTION 2021-032 Joel Paulson, Community Development Director, presented the staff report. Opened Public Comment. Lee Quintana - Requested the Housing Element Advisory Board include members of the public. Ali Miano - Requested the Housing Element Advisory Board include members of the public. Rob Moore - Requested the Housing Element Advisory Board include members of the public. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Hudes to adopt a resolution establishing a Housing Element Advisory Board for the 2023-2031 Housing Element Update to include up to four at-large members from the public through the standard recruitment process, the Board shall elect the chair and vice chair, engage the public through social media, and open public comment at two points on the agenda. Seconded by Council Member Badame. VOTE: Motion passed unanimously. 8. Receive Update on ARPA Allocations to Nonentitlement Units of Government and the Town’s Allocation. Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. PAGE 9 OF 9 SUBJECT: Minutes of the Town Council Meeting of August 3, 2021 DATE: August 3, 2021 Pulled Consent item #8 – continued Council discussed the matter. Council received the update on ARPA Allocations to Nonentitlement Units of Government and the Town’s allocation. ADJOURNMENT The meeting adjourned at 9:49 p.m. Submitted by: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA AUGUST 03, 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 Marie 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 AUGUST 03, 2021 7:00 PM IMPORTANT NOTICE REGARDING THE AUGUST 3, 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/84029900295?pwd=VWN2Q2t4K1dXR2dxcE1EK2oxZTlRdz09. Password: 609048. You can also type in 840 2990 0295 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 AUGUST 03, 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 CLOSED SESSION REPORT 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 remove an item from Consent by following the Participation Instructions contained on Page 2 of this agenda. If an item is removed, 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 Council Closed Session Meeting Minutes of June 15, 2021. 2. Approve Council Meeting Minutes of June 15, 2021. 3. Accept Report on Town Manager Approved Actions During the 2021 Town Council Legislative Recess. 4. Consider Approval of a Permanent Sign Permit Application on Property Zoned C-1:PD Located at 110 E. Main Street. APN 529-34-108. Sign Permit Application SN-21-005. Property Owner: Town of Los Gatos. Applicant: Friends Bookstore. 5. Adopt a Resolution Establishing a Housing Element Advisory Board for the 2023-2031 Housing Element Update. 6. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2021/22 Funded by State Senate Bill 1, the Road Repair and Accountability Act of 2017. 7. Authorize a Contract Amendment with SWCA Environmental Consultants in the Amount of $26,000 for a Total Revised Contract Amount not to Exceed $225,828 for Capital Improvement Project 832-4508 Vegetation Management. 8. Receive Update on ARPA Allocations to Nonentitlement Units of Government and the Town’s Allocation. Page 3 of 5 9. a. Adopt a Resolution Required by the California Department of Tax and Fee Administration. b. Rescind Resolution 2019-002 A Resolution of the Town Council of the Town of Los Gatos, Authorizing Certain Town Representatives and a Town Contractor Access to Sales, Transactions and Use Tax Records Pursuant to Revenue and Taxation Code Section 7056. c. Authorize Amendment and Novation Agreement Between Avenu Insights & Analytics, LLC and MuniServices, LLC for Consultant Services Related to Sales Tax Information and District Tax Information. 10. Authorize the Town Manager to Execute a Contract First Amendment with St. Francis Electric, Inc. for the Traffic Signal and Streetlight Maintenance and Underground Service Alert Locating Services in the Amount of $8,567, to be Funded from Fiscal Year 2020/21 Parks and Public Works Department – Engineering Development Services Program (5202), for a Total Revised Contract Amount Not to Exceed $683,567. 11. Endorse the Santa Clara County Cities Association Recommendation for Police Reform. 12. Adopt a Resolution Establishing a Senior Service Committee for Development of a Long- Term Vision and Plan for Senior Service Provision. 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 representative, 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.) 13. Water Conservation a. Adopt a 45-day Urgency Ordinance Declaring the Existence of a Condition of Drought and Providing for Mandatory Reductions in and Specified Prohibition of Water Use; and b. Direct Staff to Implement or Continue Water Conservation Measures and Activities as Described in the Staff Report. 14. Weed Abatement Program Public Hearing to Consider Objections to the 2021 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items consistent with the Participation Instructions contained on Page 2 of this agenda.) 15. Discuss and receive the Police Services Report: January-June 2021. Page 4 of 5 16. Direct the Further Implementation of Mental Health Response Options Within the Police Department. 17. Authorize the Town Manager to Execute a Joint Memorandum of Understanding (MOU) Agreement with Santa Clara County Law Enforcement Agencies for Participation and Services Provided by the Santa Clara County Specialized Enforcement Team (SCCSET) Task Force from July 1, 2021 to June 30, 2031. 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 5 of 5

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