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Council Meeting

Regular Meeting

Los Gatos, CA · May 17, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 06/07/2022 COUNCIL AGENDA REPORT Minutes of the Town Council Meeting May 17, 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, May 17, 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 COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Hudes stated he attended the Finance Commission, Senior Service Road Map Sub-Committee, and Senior Service Workplan Sub-Committee meetings. - Council Member Sayoc stated she attended the Cannabis Community Meeting as an observer, Housing Element Advisory Board (HEAB) meeting, Silicon Valley Clean Energy Authority (SVCEA) Board meeting as an alternate for Mayor Rennie, and the Cities Association Executive Committee and Board of Directors meetings. - Council Member Badame stated she attended the Cannabis Community Meeting as an observer, West Valley Clean Water Authority (WVCWA) Board meeting, West Valley Solid Waste Management Authority (WVSWMA) Board meeting, Ribbon Cutting for Montebello Market, Finance Commission as an observer, and met with residents regarding cannabis and the Drat 2040 General Plan. - Vice Mayor Ristow stated she attended t the Cannabis Community Meeting as an observer, Kiwanis Turnaround Scholarship luncheon, Los Gatos Service Providers meeting, Conceptual Development Advisory Committee, West Valley Sanitation District (WVSD) Board meeting, Valley Transportation Authority (VTA) Policy Advisory Committee (PAC) meeting, and the Youth Commission Candidate Interviews. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 5 SUBJECT: Minutes of the Town Council Meeting of May 17, 2022 DATE: May 17, 2022 Council Matters – continued - Mayor Rennie stated he attended the Bay Area Air Quality Management District (BAAQMD) Board and Legislative and Technology Implementation Committee meetings; attended the Special Olympics fundraiser, Ribbon Cutting for Montebello Market, Silicon Valley Clean Energy Authority (SVCEA) Special Board meetings, and Finance Commission meeting; met with Silvar Realtors Group; attended a Housing and Community Development (HCD) Zoom meeting with Town Manager Prevetti; and met with Los Gatos Unified School District Superintendent Grove and Los Gatos High School Principal Buchanan. Mayor Rennie introduced and welcomed Town Attorney Gabrielle Whelan. Manager Matters - Announced the HEAB will meet on Thursday, May 19, 2022, via teleconference. - Announced Adult Commissioner recruitment is underway; the application period closes on May 27 at 4:00 p.m. Interviews are scheduled for June 7, 2022. - Announced the 2040 General Plan Public Hearing will take place on June 20, 2022, via teleconference. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve the Draft Minutes of the May 3, 2022 Town Council Meeting. 2. 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 2022-031 3. Authorize the Town Manager to Execute a First Amendment to an Agreement for Consultant Services with TruePoint Solutions DigEplan (LCT Software). 4. Authorize the Town Manager to Execute a Second Amendment to a Consultant Agreement for Executive Recruitment Services with Teri Black & Company, LLC. in an Amount Not to Exceed $139,500 and Authorize an Expenditure Budget Adjustment in the Amount of $40,000 from Available General Fund Capital/Special Project Reserve. 5. Authorize the Town Manager to Execute a First Amendment to a Special Services Agreement with Liebert Cassidy Whitmore. 6. Receive the Third Quarter Investment Report (January through March 2022) for Fiscal Year 2021/22. Opened public comment. No one spoke. Closed public comment. PAGE 3 OF 5 SUBJECT: Minutes of the Town Council Meeting of May 17, 2022 DATE: May 17, 2022 Consent items – continued MOTION: Motion by Council Member Sayoc to approve consent items. Seconded by Council Member Badame. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Carl Guardino, Bloom Energy - Announced the Stars and Strides Community Run benefitting the Valley Medical Center will take place on July 2, 2022. Registration and more information can be found at: https://www.starsandstridesrun.com/ Joanne Rodgers - Commented in opposition of allowing cannabis dispensaries in Town and inquired why the Council may consider a cannabis tax as a revenue source. Jim Handy - Requested a Town Code amendment to disallow portable toilets in front yards. Susan Burnett - Commented in opposition of allowing cannabis dispensaries in Town. OTHER BUSINESS 7. 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) 2022/23 and on the Proposed Capital Improvement Program for FY 2022/23 – FY 2026/27; Including but Not Limited to: a. Provide direction to Balance the FY 2022/23 Proposed Budget; b. Provide Direction on the Proposed Operating Budget; c. Provide Direction on the Proposed Capital Budget; and d. Consider the FY 2022/23 List of Potential Donations Consistent with the Town’s Donation Policy. Arn Andrews, Assistant Town Manager, presented the staff report. Opened public comment. Rob Stump - Requested Council prioritize roadside fuel reduction, fund weed abatement, establish clear evacuation routes, establish sound land uses, and allocate more funding for wildfire preparation initiatives. PAGE 4 OF 5 SUBJECT: Minutes of the Town Council Meeting of May 17, 2022 DATE: May 17, 2022 Other Business Item #7 – continued Ami Davis, NUMU Executive Director - Thanked the Council for continuing rent forgiveness for NUMU and requested Council enlist NUMU as a financial partner to support strategic priorities. Catherine Somers, Chamber of Commerce Executive Director - Requested Council consider allocating some remaining ARPA funds to community assets such as NUMU and the Chamber of Commerce. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Hudes to approve the Finance Commission recommendation to allocate $3.77 million to General Fund Appropriated Reserve (GFAR); allocate $2.2 million of unallocated American Rescue Plan Act (ARPA) funds to the GFAR; direct the Town Attorney to bring forward at the mid-year budget review additional information from other jurisdictions in regard to the dissolution of Workers Compensation and Self-Insurance Internal Service Funds; acknowledge Finance Commission finding and direct the Commission to work with Town Management to confirm the actual amount of the deficit and request recommendations on how to cure the deficit; and initiate an employee-led operational efficiency program with the goal of 3 to 5% operational improvements and develop 5-year goals. Seconded by Council Member Badame. VOTE: Motion passes 3/2, vice Mayor Ristow and Council Member Sayoc voting no. Recess at 9:36 p.m. Reconvene at 9:47 p.m. MOTION: Motion by Council Member Badame to accept the 5-year forecast as presented in the staff report. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Sayoc to utilize $1,700,000 of ARPA funds to balance the budget. Seconded by Council Member Vice Mayor Ristow. VOTE: Motion passed unanimously. PAGE 5 OF 5 SUBJECT: Minutes of the Town Council Meeting of May 17, 2022 DATE: May 17, 2022 Other Business Item #7 – continued MOTION: Motion by Council Member Hudes to approve the FY 22/23 proposed Operating Budget with the previously approved Finance Commission recommendations. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Sayoc to approve the Capital Budget with the previously approved Finance Commission recommendations. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Hudes to approve the donation list. Seconded by Vice Mayor Ristow. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned in memory of Lynda Seastrom at 10:05 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA MAY 17, 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. 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 4 TOWN OF LOS GATOS COUNCIL MEETING AGENDA MAY 17, 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://losgatosca- gov.zoom.us/j/81742747099?pwd=MThPb24vUGVTa3RXcnBTandLS1ZTZz09. Passcode: 121089. You can also type in 817 4274 7099 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 4 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. 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 so;  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. MEETING CALL TO ORDER ROLL CALL 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 the Draft Minutes of the May 3, 2022 Town Council Meeting. 2. 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. 3. Authorize the Town Manager to Execute a First Amendment to an Agreement for Consultant Services with TruePoint Solutions DigEplan (LCT Software). 4. Authorize the Town Manager to Execute a Second Amendment to a Consultant Agreement for Executive Recruitment Services with Teri Black & Company, LLC. in an Amount Not to Exceed $139,500 and Authorize an Expenditure Budget Adjustment in the Amount of $40,000 from Available General Fund Capital/Special Project Reserve. 5. Authorize the Town Manager to Execute a First Amendment to a Special Services Agreement with Liebert Cassidy Whitmore. Page 3 of 4 6. Receive the Third Quarter Investment Report (January through March 2022) for Fiscal Year 2021/22. 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.) PUBLIC HEARINGS (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. 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) 2022/23 and on the Proposed Capital Improvement Program for FY 2022/23 – FY 2026/27; Including but Not Limited to: a. Provide direction to Balance the FY 2022/23 Proposed Budget; b. Provide Direction on the Proposed Operating Budget; c. Provide Direction on the Proposed Capital Budget; and d. Consider the FY 2022/23 List of Potential Donations Consistent with the Town’s Donation Policy 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 4 of 4

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