Council Meeting

TOWN OF LOS GATOS COUNCIL MEETING AGENDA JUNE 21, 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 6  TOWN OF LOS GATOS COUNCIL MEETING AGENDA JUNE 21, 2022 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/87009605582?pwd=K1kxWHZkakNlL1QrY2d0NjFBUXJuQT09. Passcode: 071561. You can also type in 870 0960 5582 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 two (2) 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 6 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. LENGTH OF ALL PUBLIC COMMENTS All public comments for all agenda items, including verbal communications, will be limited to two minutes. 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 CALLED TO ORDER ROLL CALL PRESENTATIONS i. Safe Routes to School (SR2S) Annual 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 the Draft Minutes of the Town Council Special Meeting on June 7, 2022 - Commissioner Interviews. 2. Approve Draft Minutes of the June 7, 2022 Town Council Meeting. 3. 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. 4. Receive Fiscal Year 2020/21 Federal Single Audit Report and Corrective Action Plan. Page 3 of 6 5. Authorize the Town Manager to Execute a Three-Year Agreement with Microsoft to Purchase Software Licensing Through Dell Technologies in an Amount Not to Exceed $250,000. 6. Authorize the Town Manager to Execute an Agreement for Consultant Services with Monarch Consulting to Provide Services as Arborist Consultant to the Town. 7. Authorize the Town Manager to Execute an Agreement for Consultant Services with Walter Levison to Provide Services as Arborist Consultant to the Town. 8. Authorize the Town Manager to Execute an Agreement for Consultant Services with Larry Cannon, Cannon Design Group to Provide Services as Architectural Consultant to the Town. 9. Authorize the Town Manager to Submit Applications in the One Bay Area Grant Program. 10. Authorize the Town Manager to Execute a Five-Year Agreement for Services with Brightview Landscape Services, Inc. for Landscape Maintenance Services in an Amount of $167,402 Annually, Plus an Additional Five Percent ($8,370) for Unforeseen Services for a Total Annual Amount Not to Exceed $175,772, and a Total Agreement Base Amount Valued at $878,860 Prior to Any Increase Adjustments Made for Consumer Price Index (CPI). 11. Accept the Complete Streets and Transportation Commission’s Recommendation to Not Proceed with a Pilot Program with Any Electric Scooter Providers. 12. Approve an Amendment to the Classification Plan to Create a Flexibly Staffed Police Records Specialist Job Series. 13. Authorize the Following Actions Related to the Cal OES Pass Through Grant Subaward: a. Accept a California Governor’s Office of Emergency Services (Cal OES) Pass Through Grant Subaward in the Amount of $7,000,000 for Public Safety and Emergency Resiliency; b. Authorize a Revenue and Expenditure Budget Adjustment in the Amount of $7,000,000 to Receive and Disburse the Subaward; and c. Authorize the Town Manager to Execute Subrecipient Agreements with the Implementing Agencies to Disburse the Cal OES Pass Through Grant Subaward Based on the Original Grant Request. 14. Authorize the Town Manager to Execute a Five-Year Agreement with Tyler Technologies to Provide Enterprise Resource Planning (ERP) Software Implementation and Ongoing Support for the Town of Los Gatos for $1,147,328 plus a 10% contingency for a Total Agreement Amount Not to Exceed $1,262,061. 15. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Audit Services with Badawi and Associates to Increase Compensation by $5,400 for a Total Contract Amount Not to Exceed $173,385. 16. Operating and Capital Budgets: a. Adopt a Resolution Approving the Town of Los Gatos Fiscal Year (FY) 2022/23 Operating Budget and FY 2022/23 – 2026/27 Capital Improvement Program (CIP), New Appropriations, Additional Council Actions on May 17, 2022 and Revisions Related to Salary and Benefit Costs as Presented in the Labor Agreements Agenda Reports on June 7, 2022; American Rescue Plan Act Budget Adjustment, Minor Corrections, and Carry-Forward Appropriations. b. Adopt a Resolution Approving Commitment of Fund Balances under GASB 54. Page 4 of 6  c. Approve FY 2021/22 Budget Adjustments: 1) Major Revenue Adjustments to Match Year-End Estimated Revenues as Directed by the Town Council on May 17, 2022; and as Determined from Updated Information i. Property Tax Revenue Increase in the Amount of $582,609, ii. Sales Tax Revenue Increase in the Amount of $428,828 ($361,806 in regular Sales Tax and $67,022 in Measure G Sales Tax) iii. Business License Tax Revenue Increase in the Amount of $175,000, iv. Transient Occupancy Tax Increases in the Amount of $75,000, and v. Recognize $36,308 General Fund Salary Reimbursement for Capital Improvement Staff Work. 2) Expenditure Increases to Reflect Past Actions: i. In the Amount of $300,000 to expense the $300,000 available General Fund Pension/OPEB Reserve to the CEPPT Trust. ii. In the Amount of $136,308 General Fund Salary Reimbursement for Capital Improvement Staff Work. 3) Approve American Rescue Plan Act Budget Adjustments. 17. Receive an Update on the Dittos Lane Affordable Housing Project. VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda by following the Participation Instructions contained on page 2 of this agenda. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes and no more than two (2) 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 two (2) 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.) 18. Conduct Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2022 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement of the Public Nuisance and Potential Fire Hazard Pursuant to the Town of Los Gatos Municipal Code (Chapter 9) Regarding Defensible Space. 19. Authorize the Following Actions for Landscape and Lighting Assessment Districts No. 1 and 2: a. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Blackwell Drive Benefit Zone. b. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Kennedy Meadows Benefit Zone. Page 5 of 6  c. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of Assessments for Landscape and Lighting Assessment District No. 1-Santa Rosa Heights Benefit Zone. d. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Vasona Heights Benefit Zone. e. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 1-Hillbrook Drive Benefit Zone. f. Adopt a Resolution Confirming the Diagram and Assessments and Levying and Authorizing Collection of assessments for Landscape and Lighting Assessment District No. 2-Gemini Court Benefit Zone. OTHER BUSINESS (Up to two (2) minutes may be allotted to each speaker on any of the following items.) 20. Approve Senior Services Roadmap Goals as Recommended by the Senior Service Committee. 21. Receive a Report on the June, 16, 2022 Promenade Event and Provide Additional Direction to Staff on Event Format or Other Provisions if Needed. 22. Receive the Town of Los Gatos Business License Analysis and Ordinance Review, Direct Staff to Continue Research and Public Outreach, and Return to Town Council on August 2, 2022 with Proposed Ballot Measure Language to Modernize and Create a More Equitable Business License Tax Structure. 23. Maintain a Ban on Cannabis Businesses in Los Gatos and Consider a Ballot Measure to Tax Cannabis Businesses. 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 6 of 6