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Council Meeting

Regular Meeting

Los Gatos, CA · February 15, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 03/01/2022 COUNCIL AGENDA REPORT ITEM NO: 3 Minutes of the Town Council Meeting February 15, 2022 The Town Council of the Town of Los Gatos conducted a regular meeting utilizing teleconference and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos Resolution 2021-044 on Tuesday, February 15, 2022 at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc (all participating remotely). Absent: None PRESENTATIONS Assemblymember Evan Low presented the 2022 Legislative Woman of the Year award to Council Member Sayoc for her work and dedication to the community. Santa Clara County Supervisor Joe Simitian gave an overview of his goals for Los Gatos and the Fifth District. Jamie Field, Police Chief, presented certificates of commendation to Brian Becker, Katherine Becker, Sergeant Richard Campbell, and Officer Bryan Paul for brave and commendable actions that saved lives and property from a house fire. CLOSED SESSION REPORT Mayor Rob Rennie stated Council met in closed session as duly noted on the agenda and that there is no reportable action. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Sayoc stated she attended the Santa Clara County Cities Association Executive Board meeting and announced Cal Cites Peninsula Division will be organizing an in-person luncheon for elected officials. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 6 SUBJECT: Minutes of the Town Council Meeting of February 15, 2022 DATE: February 22, 2022 Council Matters – continued - Vice Mayor Ristow stated she met with NUMU president Jan Schwartz, Chief Field, and residents on a variety of topics; attended community meetings for Democracy Tent, Safe Routes to School (SR2S), Together We Will (TWW); attended Catalyze SV’s webinar “ABCs of ADUs,” West Valley Sanitation District (WVSD) Board meeting; observed the Complete Streets and Transportation Committee (CSTC) and Finance Commission (FC) meetings. - Council Member Badame stated she met with West Valley Waste Management Authority (WVWMA) Executive Director, Chief Field, and Jim Foley; attended the West Valley Clean Water Authority (WVCWA) Board meeting and the WVWMA Board meeting. - Council Member Hudes stated he attended the Senior Services Committee and FC meetings; met with Chief Field and residents; attended a Democracy Tent community meeting; and observed the Planning Commission (PC) meeting. - Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Board meeting, Silicon Valley Clean Energy Authority (SVCEA) Board meeting, Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) meeting, Cities Association Board and Legislative Committee meetings; and spoke at the Kiwanis Club. Manager Matters - Announced Adult Commissioner recruitment is underway; the application period closes on March 25 at 4:00 p.m. Interviews are scheduled for April 5. - Announced COVID testing will be held at the Adult Recreation Center (ARC) on February 24 and sign ups begin on February 17. - Announced two community surveys are circulating, one for seniors and community wide survey to help inform future decisions for the Town. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Draft Minutes of the January 25, 2022 Special Town Council Meeting - Strategic Priorities. 2. Approved Draft Closed Session Meeting Minutes of February 1, 2022. 3. Approved Draft Town Council Meeting Minutes of February 1, 2022. 4. Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, During the COVID -19 Pandemic. RESOLUTION 2022-004 5. Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as Roseleaf Lane No. 1, Approximately 1.3534 Acres on Property Pre-Zoned R-1:8. APN 523-18-021. Annexation Application AN21-004. Project Location: 16253 Roseleaf Lane. Property Owner/Applicant: Jindan Li. RESOLUTION 2022-005 6. Receive the Second Quarter Investment Report (October through December 2021) for Fiscal Year 2021/22. PAGE 3 OF 6 SUBJECT: Minutes of the Town Council Meeting of February 15, 2022 DATE: February 22, 2022 Consent Items - continued 7. Annual Street Repair and Resurfacing Project (CIP No. 811-9901): a. Approve the Plans and Specifications; and b. Authorize Advertising the Project for Bid; and c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount Not to Exceed $2,981,000, Including Contingencies; and d. Authorize Staff to Execute Future Change Orders in an Amount not to Exceed Ten Percent of the Contract Award Amount; and e. Authorize Revenue and Expenditure Increase for the Project in the Amount of $45,844 to Recognize an Increase in Gas Tax Revenues Anticipated for the Fiscal Year 2021/22. 8. Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921): a. Approve the Plans and Specifications; b. Authorize Advertising the Project for Bid; c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount Not to Exceed $588,500, Including Contingencies; and d. Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount. 9. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Engineering Building Tenant Improvement Project (20-821-2302), Completed by EMC Services Inc. DBA DesignTek Consulting Group LLC, and Authorize the Town Clerk to File for Recordation. 10. Review and Approve the Senior Services Committee Recommended Mission and Vision Statement and Accompanying Workplan. Mayor Rennie pulled item #10. Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Vice Mayor Ristow to approve consent items 1-9. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS No one spoke. PAGE 4 OF 6 SUBJECT: Minutes of the Town Council Meeting of February 15, 2022 DATE: February 22, 2022 Pulled Consent Item #10 10. Review and Approve the Senior Services Committee Recommended Mission and Vision Statement and Accompanying Workplan. Arn Andrews, Assistant Town Manager, presented the staff report. Opened public comment. Tom Picraux, Senior Services Committee Chair - Provided an overview of the mission, vision, and workplan of the Committee. Pulled Consent Item #10 – continued Closed public comment. Council discussed the item. MOTION: Motion by Council Member Hudes to approve the Senior Services Committee recommended mission and vision statement and accompanying workplan. Seconded by Council Member Badame. VOTE: Motion passed unanimously. OTHER BUSINESS 11. Mid-Year Budget Report - July 1 - December 31, 2021: a. Receive FY 2021/22 Mid-Year Budget Report; b. Authorize Budget Adjustments as Recommended in the Mid-Year Budget Report; and c. Adopt the Town Council and Management Classifications Salary Schedule Updated with the Urban Forest Manager Position. Stephen Conway, Interim Finance Director, and Gitta Ungvari, Finance and Budget Manager, presented the staff report. Opened public comment. Catherine Somers, Chamber of Commerce Executive Director - Commented on the sales tax and transient occupancy tax (TOT) revenues and the ARPA grant awarded to the Chamber last year for destination marketing. Closed public comment. Council discussed the item. PAGE 5 OF 6 SUBJECT: Minutes of the Town Council Meeting of February 15, 2022 DATE: February 22, 2022 Other Business Item #11 – continued MOTION: Motion by Council Member Badame to receive the FY 2021/22 Mid-Year Budget report as contained in Attachment 1, authorize the budget adjustments as recommended in the Mid-Year Budget Report, adopt the Town Council and Management classification salary schedule updated with the Urban Forest Manager position as contained in Attachment 2. AMENDMENT: Direct staff to return to Council with an estimate for a wheelchair access parking pilot. Seconded by Council Member Hudes. Council Member Badame withdrew the motion. MOTION: Motion by Council Member Badame to receive the FY 2021/22 Mid-Year Budget report as contained in attachment 1, authorize the budget adjustments as recommended in the Mid-Year Budget Report, adopt the Town Council and Management classification salary schedule updated with the Urban Forest Manager position as contained in attachment 2. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Hudes to provide an estimate for a wheelchair access parking pilot with information that may have been obtained through Town Committees and/or Commissions. Seconded by Council Member Badame. Council Member Hudes withdrew the motion. 12. Receive American Rescue Plan Act Update. Arn Andrews, Assistant Town Manager, presented the staff report. Opened public comment. Brian Bernasconi, Chamber of Commerce Board Member - Requested Council consider allocating funds to produce summer promenades. Catherine Somers, Chamber of Commerce Executive Director - Requested Council consider allocating funds to produce summer promenades. Randi Chen, Chamber of Commerce - Requested Council consider allocating funds to produce summer promenades. Jonathan Knowles - Requested Council consider allocating funds to produce summer promenades. Closed public comment. PAGE 6 OF 6 SUBJECT: Minutes of the Town Council Meeting of February 15, 2022 DATE: February 22, 2022 Other Business Item #12 – continued Council discussed the item. MOTION: Motion by Vice Mayor Ristow to allocate up to $120,000 of ARPA funds to the Chamber of Commerce to produce a summer promenade series with the possibility of fewer events if there are limited Town staff resources and with the possibility of sponsorships. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. Recess at 9:50 p.m. Reconvene at 10:00 p.m. 13. Discuss the Five-Year Forecast (Fiscal Years 2022/23 – 2026/27), Provide Direction on Budget Assumptions, and Provide any Specific Direction for the Preparation of the Town’s Fiscal Year 2022/23 Operating Budget. Arn Andrews, Assistant Town Manager, presented the staff report. Opened public comment. Lee Fagot - Requested Council direct the Finance Commission to agendize a financial analysis of the General Plan. Closed public comment. Council discussed the item. ADJOURNMENT The meeting adjourned at 10:51 p.m. Respectfully submitted: _____________________________________ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA FEBRUARY 15, 2022 TELECONFERENCE 7:00 P.M. Rob Rennie, Mayor Maria Ristow, Vice Mayor PARTICIPATION IN THE PUBLIC PROCESS Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc, 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. Disruption of the meeting may result in a violation of Penal Code 403. 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 FEBRUARY 15, 2022 TELECONFERENCE 7:00 PM IMPORTANT NOTICE This meeting is being conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not be physically open to the public and the Council will be teleconferencing from remote locations. Members of the public can only participate in the meeting by joining the Zoom webinar (log in information provided below). PARTICIPATION To provide oral comments in real-time during the meeting:  Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://us06web.zoom.us/j/83388065934?pwd=eGoyRW5iL3JraENWYTJrRDR1aUNEZz0 9. Passcode: 652954. You can also type in 833 8806 5934 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.  Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636-651- 0008 US Toll. Conference code: 969184 When the Mayor 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, you will be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. 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 RULES OF DECORUM AND CIVILITY To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law. The Town does not tolerate disruptive conduct, which includes but is 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 microphone when directed to do do;  repetitiously addressing the same subject. Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code 403. REMOTE LOCATION PARTICIPANTS The following Council Members are listed to permit them to appear electronically or telephonically at the Town Council meeting: MAYOR ROB RENNIE, VICE MAYOR MARIA RISTOW, COUNCIL MEMBER MARY BADAME, COUNCIL MEMBER MATTHEW HUDES, and COUNCIL MEMBER MARICO SAYOC. All votes during the teleconferencing session will be conducted by roll call vote. MEETING CALL TO ORDER ROLL CALL PRESENTATIONS i. Assemblymember Evan Low ii. Supervisor Joe Simitian iii. Recognition of Brian Becker, Katherine Becker, Sergeant Richard Campbell, and Officer Bryan Paul for Commendable Actions. CLOSED SESSION REPORT COUNCIL / MANAGER MATTERS CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may request to have an item removed from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow 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.) 1. Approve Draft Minutes of the January 25, 2022 Special Town Council Meeting - Strategic Priorities. 2. Approved Draft Closed Session Meeting Minutes of February 1, 2022. 3. Approved Draft Town Council Meeting Minutes of February 1, 2022. Page 3 of 5 4. Adopt a Resolution Reaffirming Resolution 2021-044 Regarding Brown Act Compliance and Teleconferencing and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, During the COVID -19 Pandemic. 5. Adopt a Resolution to Set a Date for Consideration of the Reorganization of an Uninhabited Area Designated as Roseleaf Lane No. 1, Approximately 1.3534 Acres on Property Pre-Zoned R-1:8. APN 523-18-021. Annexation Application AN21-004. Project Location: 16253 Roseleaf Lane. Property Owner/Applicant: Jindan Li. 6. Receive the Second Quarter Investment Report (October through December 2021) for Fiscal Year 2021/22. 7. Annual Street Repair and Resurfacing Project (CIP No. 811-9901): a. Approve the Plans and Specifications; and b. Authorize Advertising the Project for Bid; and c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount Not to Exceed $2,981,000, Including Contingencies; and d. Authorize Staff to Execute Future Change Orders in an Amount not to Exceed Ten Percent of the Contract Award Amount; and e. Authorize Revenue and Expenditure Increase for the Project in the Amount of $45,844 to Recognize an Increase in Gas Tax Revenues Anticipated for the Fiscal Year 2021/22. 8. Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921): a. Approve the Plans and Specifications; b. Authorize Advertising the Project for Bid; c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount Not to Exceed $588,500, Including Contingencies; and d. Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount. 9. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Engineering Building Tenant Improvement Project (20-821-2302), Completed by EMC Services Inc. DBA DesignTek Consulting Group LLC, and Authorize the Town Clerk to File for Recordation. 10. Review and Approve the Senior Services Committee Recommended Mission and Vision Statement and Accompanying Workplan. VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the 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.) 11. Mid-Year Budget Report - July 1 - December 31, 2021: a. Receive FY 2021/22 Mid-Year Budget Report; Page 4 of 5 b. Authorize Budget Adjustments as Recommended in the Mid-Year Budget Report; and c. Adopt the Town Council and Management Classifications Salary Schedule Updated with the Urban Forest Manager Position. 12. Receive American Rescue Plan Act Update. 13. Discuss the Five-Year Forecast (Fiscal Years 2022/23 – 2026/27), Provide Direction on Budget Assumptions, and Provide any Specific Direction for the Preparation of the Town’s Fiscal Year 2022/23 Operating Budget. 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. 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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