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Council Meeting

Regular Meeting

Los Gatos, CA · August 17, 2021

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 09/07/2021 COUNCIL AGENDA REPORT Minutes of the Town Council Meeting August 17, 2021 The Town Council of the Town of Los Gatos conducted a regular meeting in person and provided the public an opportunity to participate either in public or via Teleconference on Tuesday, August 17, 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. Absent: None COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Board meeting; Green Foothills Coyote Valley webinar; Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee, Board, Legislative and Regulatory Committee meetings; Breathe California Show as a guest; Town Finance Commission meeting; Sierra Club Interview; Reid-Hillview Airport Airborne Lead Study webinar; Silicon Valley Bike Coalition Summit; Silicon Valley Housing Policy Leadership Academy; Valley Transportation Authority (VTA) Policy Advisory Committee meeting; and the Association of Indo Americans 75th Independence Day celebration. - Council Member Hudes stated he attended the Town Finance Commission meeting; Intergovernmental Infrastructure briefing; and Thursday Night promenade events. - Council Member Badame stated she attended two Democracy Tent community meetings; Town Finance Commission meeting as an observer; Stand in Solidary with Survivors of Sexual Violence march and rally; and Thursday Night Promenade events. - Council Member Ristow stated she had nothing to report. - Mayor Sayoc stated she attended the Santa Clara Cities Association meeting and a Quarterly meeting with the Los Gatos Chamber of Commerce. Manager Matters - Announced the Housing Element Advisory Board recruitment is underway; applications are due on September 10 by 4:00 p.m. - Announced the Town counters will open for walk-in services beginning August 30. - Announced the Let’s Talk Housing Community Meeting will be held on Wednesday, Aug 18. 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 August 17, 2021 DATE: August 17, 2021 CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Closed Session Minutes of the August 3, 2021 Town Council Meeting. 2. Approve Minutes of the August 3, 2021 Town Council Meeting. 3. Receive the Fourth Quarter Investment Report (April through June 2021) for Fiscal Year 2020/21. 4. Appoint Mayor Marico Sayoc as the Town’s Voting Delegate and Vice Mayor Rob Rennie as the Town’s Alternate for the League of California Cities Annual Conference Scheduled for September 20 - 24, 2021 in Sacramento. 5. Annexation Application AN21-001. Project Location: 16030 Winterbrook Road. Property Owner/Applicant: Alireza Zarrabi. Adopt a resolution to set a date for consideration of the reorganization of an uninhabited area designated as Winterbrook No. 6, approximately 0.319 Acres on property pre-zoned R- 1:8. APN 523-26-013. RESOLUTION 2021-037 6. Authorize the Town Manager to Execute an Agreement for Consultant Services with O’Brien Code Consulting, Inc. for Building Division Plan Check Consultant Services. 7. Authorize the Town Manager to execute an Agreement for Consultant Services with Interwest Consulting Group for Supplemental Building Division Plan Check Consultant Services. 8. Authorize the Town Manager to execute a Second Amendment for a time extension only for an Agreement for Consultant Services with Mintier Harnish for Preparation of the General Plan update and Environmental Impact Report. 9. Authorize the Town Manager to Execute the First Amendment to the Consultant Services Agreement with Mott MacDonald Group, Inc. for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) in an Amount Not to Exceed $90,000 for a Total Contract Amount of $576,747. Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Council Member Badame to approve Consent Items 1-9. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Susan Burnett-Novick - Commented in opposition of increasing housing density especially in established neighborhoods. PAGE 3 OF 8 SUBJECT: Minutes of the Town Council Meeting of August 17, 2021 DATE: August 17, 2021 Verbal Communications - continued Lee Fagot - Requested the Finance Commission or a new committee be tasked with researching cannabis tax as a potential revenue source; commented in opposition of the Town Attorney researching cannabis tax as a potential source of revenue. Mr. C. - Commented in opposition of Critical Race Theory (CRT). Rob Moore - Commented in support of increasing housing opportunities. Eden - Commented in opposition of the rainbow crosswalks, CRT, and the listen, learn, change, grow campaign and requested Mayor Sayoc resign. Lynley Hogan - Commented in opposition of “LGBTQ” as an organization. Tony Alarcon - Commend in opposition of adding more housing due to fire safety hazard. Cecil - Commented in opposition of CRT opposers. Joe - Commented in support of the environment and requested Los Gatos Creek clean-up assistance. OTHER BUSINESS 10. Approve Addendum to the American Federation of State, County and Municipal Employees Memorandum of Understanding. Lisa Velasco, Human Resources Director, presented the staff report. Opened public comment. No one spoke. Closed public comment. PAGE 4 OF 8 SUBJECT: Minutes of the Town Council Meeting of August 17, 2021 DATE: August 17, 2021 Other Business item #10 - continued Council discussed the item. MOTION: Motion by Council Member Badame to approve an addendum to the American Federation of State, County and Municipal Employees Memorandum of Understanding as contained in Attachment 1. Seconded by Vice Mayor Rennie. VOTE: Motion passed unanimously. 11. Discuss and Provide Direction on the Following Actions to Continue the Town’s Support of Economic Recovery and Community Vitality in Response to the Ongoing COVID-19 Pandemic, Including: a. Temporary Krail Parklets: 1. Extend Sunset Date for Dining Establishments until January 31, 2022 and Approve a Budget Adjustment of $40,000 from American Rescue Plan (ARPA); 2. Provide Direction on Temporary Tents and Other Weather Protection Structures, Including Enforcement; b. Semi-Permanent Parklets: 1. Allocate Additional Funding of $680,000 from the Town’s ARPA Allocation to Meet the Response of Businesses to the Subsidized Parklet and Grant Application Process; and c. Debrief the Chamber of Commerce’s Thursday Night Promenade Events in which the Town Provided Financial Support. Monica Renn, Economic Vitality Manager, presented the staff report. Opened public comment. Amy Davis, NUMU - Commented in support of extending the promenade events. Catherine Somers, Chamber of Commerce Executive Director - Commented in support of the item and extending promenade style events for Summer 2022. Closed public comment. Council discussed the item. PAGE 5 OF 8 SUBJECT: Minutes of the Town Council Meeting of August 17, 2021 DATE: August 17, 2021 Other Business item #11 - continued MOTION: Motion by Vice Mayor Rennie to approve an extended krail parklet sunset date for dining establishments until January 31, 2022 and approve a budget adjustment of $40,000 from American Rescue Plan (ARPA). Seconded by Council Member Hudes. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Badame to continue to disallow vertical barriers, banner, or shades of any kind, and temporary tents and other weather protection covers except for umbrellas and movable sail-type shade covers and those already permitted within the temporary krail parklets through the duration of the temporary krail parklet program; enforce these requirements through typical Code Compliance practices; and allow vertical components between parklets no taller than krail. Seconded by Council Member Hudes. VOTE: Motion passed 4/1, Vice Mayor Rennie opposed. MOTION: Motion by Vice Mayor Rennie to allocate additional funding of $680,000 from the Town’s ARPA allocation to meet the response of businesses to the Subsidized Parklet and Grant application process and to bring the item back to Council in three (3) months for updates. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. The Town Council provided a debrief regarding the Thursday Night Promenade events. The meeting recessed at 8:57 p.m. and began again at 9:07 p.m. 12. Review the Fiscal Year 2021/22 – 2025/26 Capital Improvement Program Budget and Determine Any Additional Investments Based on Additional Funding Allocated for Capital Purposes. Matt Morley, Parks and Public Works Director, presented the staff report. Opened public comment. Maureen Capon-Javey, Arts and Cultural Commission - Commented in support of allocating funding for the two Public Arts projects. Tom Spilsbury, Arts and Cultural Commission - Commented in support of allocating funding for the two Public Arts projects. PAGE 6 OF 8 SUBJECT: Minutes of the Town Council Meeting of August 17, 2021 DATE: August 17, 2021 Other Business item #12 - continued Ellis Weeker, Arts and Cultural Commission - Commented in support of allocating funding for the two Public Arts projects. Amy Fausnacht, Arts and Cultural Commission - Commented in support of allocating funding for the two Public Arts projects. Kevin Arroyo - Commented in support of allocating funding for the Union Avenue Community Garden project. Lynley Hogan - Requested other art installations to be considered if funding were allocated to the Public Arts projects. Mr. C - Commented in opposition of the proposed Public Art projects. Closed public comment. Council discussed the item. MOTION: Motion by Vice Mayor Rennie to return to Council with designs, including pricing, for security enhancements at the Civic Center; allocate $35,000 for the Union Avenue Community Garden project, $32,000 for two public art projects and seek additional community input, $75,000 for the Lynne Avenue Pedestrian Path Design, $200,000 for Blossom Hill Road Traffic Calming, and $400,000 for Downtown Parking Signage; and utilize $500,000 during the 2021 winter season for fire fuel reduction but retain $250,000 for FEMA match. Seconded by Council Member Ristow. VOTE: Motion passed unanimously. 13. Authorize the Town Manager to Execute Agreements for Justice, Equity, Diversity, and Inclusion (JEDI) Consultant Services: a. American Leadership Forum Silicon Valley Insights (ALF) for External Community Efforts with an Expenditure Budget Adjustment in the Amount of $54,000 from the General Fund Capital/Special Projects Reserve and b. ReadySet for Internal Town Organizational Work with an Expenditure Budget Adjustment in the Amount of $50,000 from the General Fund Capital/Special Projects Reserve. PAGE 7 OF 8 SUBJECT: Minutes of the Town Council Meeting of August 17, 2021 DATE: August 17, 2021 Other Business item #13 - continued Holly Zappala, Administrative Analyst, presented the staff report. Opened public comment. Lynley Hogan - Commented in opposition of the item. Mr. C - Commented in opposition of the item. Rob Moore - Commented in support of the item. Amy Davis, NUMU Executive Director - Commented in support if the item. Kefi - Commented in opposition of the item. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Badame to authorize the Town Manager to execute agreements for justice, equity, diversity, and inclusion (JEDI) consultant services with American Leadership Forum Silicon Valley Insights (ALF) for external community efforts with an expenditure budget adjustment in the amount of $54,000 from the General Fund Capital/Special Projects Reserve and ReadySet for internal town organizational work with an expenditure budget adjustment in the amount of $50,000 from the General Fund Capital/Special Projects Reserve. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. PUBLIC HEARINGS 14. Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code to Include Gender-Neutral Pronouns by Eliminating any Gender Preference Language Within the Los Gatos Town Code and Amending Sections Regarding Grammatical Interpretation to Indicate that Whenever a Gender-Neutral Personal Pronoun is Used, it Shall be Deemed to Include the Feminine and Masculine Also. PAGE 8 OF 8 SUBJECT: Minutes of the Town Council Meeting of August 17, 2021 DATE: August 17, 2021 Public Hearing item #14 - continued Shelley Neis, Town Clerk, presented the staff report. Opened public comment. Suzanne - Commented in opposition of the item. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Ristow to introduce an ordinance amending the Los Gatos Town Code to include gender-neutral Pronouns by Eliminating any Gender Preference Language Within the Los Gatos Town Code and amending sections regarding grammatical interpretation to indicate that whenever a gender-neutral personal pronoun is used, it shall be deemed to include the feminine and masculine also, by title only. Seconded by Vice Mayor Rennie. VOTE: Motion passed unanimously. The Town Clerk read the title of the ordinance. VERBAL COMMUNICATIONS No one spoke. ADJOURNMENT The meeting adjourned at 11:15 p.m. Submitted by: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA AUGUST 17, 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 17, 2021 7:00 PM IMPORTANT NOTICE REGARDING THE AUGUST 17, 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. Members of the public can participate in the meeting by attending in person in the Council Chamber at 110 E. Main Street or by joining the Zoom webinar (log in information provided below). Due to the provisions of the Santa Clara County Health Officer to take action to minimize the spread of COVID-19 social distancing and mask requirements will be observed for all attending in person. PARTICIPATION Public comments can be made live during the Town Council meeting via Zoom or in person from the Council Chamber. 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. To provide oral comments in real-time during the meeting:  In person: Provide your name and the item number you would like to speak on with the Town Clerk or Deputy Clerk.  Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: click this link https://us02web.zoom.us/j/81498399112?pwd=MW1LR29BU2xySjhtR243NlFyck0wZz09 Password: 903526. You can also type in 814 9839 9112 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.  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.  Join by telephone: Dial: 877-336-1839. Conference code: 969184 When called to speak, please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time. 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 17, 2021 7:00 PM MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE 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 Closed Session Minutes of the August 3, 2021 Town Council Meeting. 2. Approve Minutes of the August 3, 2021 Town Council Meeting. 3. Receive the Fourth Quarter Investment Report (April through June 2021) for Fiscal Year 2020/21. 4. Appoint Mayor Marico Sayoc as the Town’s Voting Delegate and Vice Mayor Rob Rennie as the Town’s Alternate for the League of California Cities Annual Conference Scheduled for September 20 - 24, 2021 in Sacramento. 5. Annexation Application AN21-001. Project Location: 16030 Winterbrook Road. Property Owner/Applicant: Alireza Zarrabi. Adopt a resolution to set a date for consideration of the reorganization of an uninhabited area designated as Winterbrook No. 6, approximately 0.319 Acres on property pre-zoned R-1:8. APN 523-26-013. 6. Authorize the Town Manager to Execute an Agreement for Consultant Services with O’Brien Code Consulting, Inc. for Building Division Plan Check Consultant Services. 7. Authorize the Town Manager to execute an Agreement for Consultant Services with Interwest Consulting Group for Supplemental Building Division Plan Check Consultant Services. 8. Authorize the Town Manager to execute a Second Amendment for a time extension only for an Agreement for Consultant Services with Mintier Harnish for Preparation of the General Plan update and Environmental Impact Report. 9. Authorize the Town Manager to Execute the First Amendment to the Consultant Services Agreement with Mott MacDonald Group, Inc. for the Los Gatos Creek Trail to Highway 9 Trailhead Connector Project (CIP No. 832-4505) in an Amount Not to Exceed $90,000 for a Total Contract Amount of $576,747. 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.) 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.) 10. Approve Addendum to the American Federation of State, County and Municipal Employees Memorandum of Understanding. 11. Discuss and Provide Direction on the Following Actions to Continue the Town’s Support of Economic Recovery and Community Vitality in Response to the Ongoing COVID-19 Pandemic, Including: a. Temporary Krail Parklets: 1. Extend Sunset Date for Dining Establishments until January 31, 2022 and Approve a Budget Adjustment of $40,000 from American Rescue Plan (ARPA); 2. Provide Direction on Temporary Tents and Other Weather Protection Structures, Including Enforcement; b. Semi-Permanent Parklets: 1. Allocate Additional Funding of $680,000 from the Town’s ARPA Allocation to Meet the Response of Businesses to the Subsidized Parklet and Grant Application Process; and c. Debrief the Chamber of Commerce’s Thursday Night Promenade Events in which the Town Provided Financial Support. 12. Review the Fiscal Year 2021/22 – 2025/26 Capital Improvement Program Budget and Determine Any Additional Investments Based on Additional Funding Allocated for Capital Purposes. 13. Authorize the Town Manager to Execute Agreements for Justice, Equity, Diversity, and Inclusion (JEDI) Consultant Services: a. American Leadership Forum Silicon Valley Insights (ALF) for External Community Efforts with an Expenditure Budget Adjustment in the Amount of $54,000 from the General Fund Capital/Special Projects Reserve and b. ReadySet for Internal Town Organizational Work with an Expenditure Budget Adjustment in the Amount of $50,000 from the General Fund Capital/Special Projects Reserve. 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.) Page 4 of 5 14. Introduction and First Reading of an Ordinance Amending the Los Gatos Town Code to Include Gender-Neutral Pronouns by Eliminating any Gender Preference Language Within the Los Gatos Town Code and Amending Sections Regarding Grammatical Interpretation to Indicate that Whenever a Gender-Neutral Personal Pronoun is Used, it Shall be Deemed to Include the Feminine and Masculine Also. 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 at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers. Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law. Page 5 of 5

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