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Council Meeting

Regular Meeting

Los Gatos, CA · August 2, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 08/16/2022 COUNCIL AGENDA REPORT Minutes of the Town Council Meeting August 2, 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, August 2, 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 i. Commendation for Shelley Neis, the outgoing Town Clerk Mayor Rennie presented a commendation to Shelley Neis, outgoing Town Clerk. CLOSED SESSION REPORT Town Attorney Whelan stated Council met as duly noted on the agenda on August 2, 2022, and no action was taken deemed reportable under the Brown Act. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Hudes stated he attended the Summer Promenades, Symphony in the Park, Senior Service Committee meeting, a community meeting on Business License Tax Modernization, Los Gatos-Saratoga Recreation Senior Picnic, Silicon Valley Regional Interoperability Authority (SVRIA) meeting, Finance Commission special meeting, and toured the Los Altos Community Center. - Council Member Sayoc stated she attended the Sounds of Summer and announced the Cities Association will consider a draft Joint Power Authority (JPA) on a future agenda. - Vice Mayor Ristow stated she attended the Summer Promenades, Jazz on the Plazz, Symphony in the Park, filled in for Mayor Rennie for the West Valley Mayors and Managers meetings, and the Symphony in the Park welcome announcement, and announced the Silicon Valley Bike Summit will be held on August 18. 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 August 2, 2022 DATE: August 2, 2022 Council Matters – continued - Council Member Badame stated she attended the Summer Promenades, a community meeting on Business License Tax Modernization, Finance Commission special meeting as an observer, Drums in the Park, met with the Chair of the Community Health and Senior Services Commission (CHSSC), and met with the Chair of Senior Services Committee, - Mayor Rennie stated he attended Cities Association Legislative Action Committee, Bay Area Air Quality Management District (BAAQMD) Board meetings, visited an accessory dwelling unit (ADU) model by SYMBiHOM, was a witness in court for the Roland Lebron Valley Transportation Agency case, chaired the BAAQMD Legislative Committee meeting, did the Polenteria Ribbon Cutting, attended Music in the Park, met with Los Gatos High School Superintendent, met with a Napa Council Member Liz Alessio regarding parklets, and attended Finance Commission and Silicon Valley Clean Energy Authority (SVCEA) Finance and Admin Committee. Manager Matters - Announced Coffee with a Cop will take place on August 11 from 7:30 am - 10 am at the Blvd Café. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Draft Minutes of the June 20, 2022 Special Town Council Meeting. 2. Approve Draft Minutes of the June 21, 2022 Town Council Meeting. 3. Approve Draft Minutes of the June 28, 2022 Special Town Council Meeting. 4. Approve Draft Minutes of the June 30, 2022 Closed Session Town Council Meeting 5. Approve Draft Minutes of the June 30, 2022 Special Town Council Meeting. 6. Approve Draft Minutes of the July 12, 2022 Town Council Closed Session Meeting. 7. Approve Draft Minutes of the July 12, 2022 Town Council Special Meeting. 8. 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 2022-050 9. Appoint Council Member Marico Sayoc as the Town’s Voting Delegate for the League of California Cities Annual Conference Scheduled for September 7 - 9, 2022 in Long Beach. 10. Adopt a Resolution to Rescind Resolution 2019-033 and Replace It for Consistency with Town Council Policy 04-06: Purchasing Policy, and Accept Report on Town Manager Approved Actions During the 2022 Town Council Legislative Recess. RESOLUTION 2022-051 11. Approve a Second Contract Amendment with AP&I Design, Inc in the Amount of $23,808 for a Total Contract Amount Not to Exceed $115,000 for Capital Improvement Project 813-0235 Downtown Streetscape Revitalization/Economic Recovery Efforts. 12. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2021/22 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Spencon Construction, and Authorize the Town Clerk to File for Recordation. PAGE 3 OF 5 SUBJECT: Minutes of the Town Council Meeting of August 2, 2022 DATE: August 2, 2022 Consent Items – continued 13. Authorize the Town Manager to Execute a Four-Year Agreement for Services with Universal Site Services for Enhanced Downtown Garbage, Recycling, and Pizza Box Receptacle Collection and Cleaning Services in an Amount of $45,961.06 for the Fiscal Year 2022/23, with a Succeeding Annual Base Amount of $56,336.28, for a Total Agreement Base Amount Valued at $214,969.90 Prior to Any Future Increase Adjustments Made for Consumer Price Index (CPI). 14. Authorize the Town Manager to Execute an Agreement for Services with S & H Construction Inc. for the Corporation Yard Building Replacement Project (CIP No. 821-2302) at 41 Miles Avenue for a Total Agreement Amount Not to Exceed $999,180 Including 30% for Unanticipated Services. 15. Adopt a Resolution Summarily Vacating Public Utility Easement at 112 Wilder Avenue and 115 North Santa Cruz Avenue. RESOLUTION 2022-052 Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Vice Mayor Ristow to approve Consent Items 1 through 15. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Lee Quintana - Requested the Council reconsider the adoption of the 2040 General Plan. PUBLIC HEARINGS 16. Consider Objections to the 2022 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges. RESOLUTION 2022-053 Meredith Johnston, Administrative Analyst, presented the staff report. Opened public comment. No one spoke. Closed public comment. PAGE 4 OF 5 SUBJECT: Minutes of the Town Council Meeting of August 2, 2022 DATE: August 2, 2022 Public Hearing Item #16 – continued MOTION: Motion by Council Member Badame to adopt a resolution (attachment 2) confirming the report and authorizing the collection of the assessment charges. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. OTHER BUSINESS 17. Approve Revisions as Recommended by the Policy Committee to Town Council Policy 2- 11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum. Laurel Prevetti, Town Manager, presented the staff report. Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Council Member Hudes to adopt option 3 (attachment 3) as redlined. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. 18. Adopt a Resolution of the Council of the Town of Los Gatos for Model 3, Calling a Municipal Election for November 8, 2022, Requesting that the County Consolidate the Municipal Election with the General Election on November 8, 2022, and Submitting to the Qualified Electors of the Town at the November 8, 2022 Consolidated General Election a Measure to Amend Chapter 14 of the Los Gatos Town Code Relating to Business License Taxes. Arn Andrews, Assistant Town Manager, presented the staff report. Opened public comment. Janet, Black Cat Hats - Commented on the budget deficit. Catherine Somers, Chamber of Commerce Executive Director - Commented in support of a smaller tax than the Finance Commission recommendation. PAGE 5 OF 5 SUBJECT: Minutes of the Town Council Meeting of August 2, 2022 DATE: August 2, 2022 Other Business Item #18 – continued Closed public comment. MOTION: Motion by Council Member Hudes to return at a special meeting prior to August 12 with a draft resolution revising Model 3 to encompass a 120% tax increase in E- Commerce, Manufacturing, Wholesaling, and Jobbing gross receipts, a 40% increase in Retailing gross receipts, a 30% increase for flat fees, and implement an ongoing Bay Area Consumer Price Index (CPI) adjustment to account for future inflation on flat fees. Seconded by Council Member Badame. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 8:49 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS *AMENDED COUNCIL MEETING AGENDA AUGUST 02, 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, TOWN OF LOS PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. GATOS 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 COUNCIL MEETING AGENDA AUGUST 02, 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/s/84512934204?pwd=RVIrdEN0T0RzZGh6V0FGdVdYLzNZQT09 Passcode: 325785. You can also type in 84512934204 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 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 PRESENTATIONS i. Commendation for Outgoing Town Clerk Shelley Neis. 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 June 20, 2022 Special Town Council Meeting. 2. Approve Draft Minutes of the June 21, 2022 Town Council Meeting. 3. Approve Draft Minutes of the June 28, 2022 Special Town Council Meeting. 4. Approve Draft Minutes of the June 30, 2022 Closed Session Town Council Meeting 5. Approve Draft Minutes of the June 30, 2022 Special Town Council Meeting. 6. Approve Draft Minutes of the July 12, 2022 Town Council Closed Session Meeting. 7. Approve Draft Minutes of the July 12, 2022 Town Council Special Meeting. 8. 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. Page 3 of 5 9. Appoint Council Member Marico Sayoc as the Town’s Voting Delegate for the League of California Cities Annual Conference Scheduled for September 7 - 9, 2022 in Long Beach. 10. Adopt a Resolution to Rescind Resolution 2019-033 and Replace It for Consistency with Town Council Policy 04-06: Purchasing Policy, and Accept Report on Town Manager Approved Actions During the 2022 Town Council Legislative Recess. 11. Approve a Second Contract Amendment with AP&I Design, Inc in the Amount of $23,808 for a Total Contract Amount Not to Exceed $115,000 for Capital Improvement Project 813-0235 Downtown Streetscape Revitalization/Economic Recovery Efforts. 12. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the Fiscal Year 2021/22 Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Spencon Construction, and Authorize the Town Clerk to File for Recordation. 13. Authorize the Town Manager to Execute a Four-Year Agreement for Services with Universal Site Services for Enhanced Downtown Garbage, Recycling, and Pizza Box Receptacle Collection and Cleaning Services in an Amount of $45,961.06 for Fiscal Year 2022/23, with a Succeeding Annual Base Amount of $56,336.28, for a Total Agreement Base Amount Valued at $214,969.90 Prior to Any Future Increase Adjustments Made for Consumer Price Index (CPI). 14. Authorize the Town Manager to Execute an Agreement for Services with S & H Construction Inc. for the Corporation Yard Building Replacement Project (CIP No. 821- 2302) at 41 Miles Avenue for a Total Agreement Amount Not to Exceed $999,180 Including 30% for Unanticipated Services. 15. Adopt a Resolution Summarily Vacating Public Utility Easement at 112 Wilder Avenue and 115 North Santa Cruz Avenue. 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.) 16. Consider Objections to the 2022 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing Collection of the Assessment Charges. Page 4 of 5 OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 17. Approve Revisions as Recommended by the Policy Committee to Town Council Policy 2- 11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum. 18. *Adopt a Resolution of the Council of the Town of Los Gatos for Model 3, Calling a Municipal Election for November 8, 2022, Requesting that the County Consolidate the Municipal Election with the General Election on November 8, 2022, and Submitting to the Qualified Electors of the Town at the November 8, 2022 Consolidated General Election a Measure to Amend Chapter 14 of the Los Gatos Town Code Relating to Business License Taxes. 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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