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Council Meeting

Regular Meeting

Los Gatos, CA · August 16, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 09/06/2022 COUNCIL AGENDA REPORT Minutes of the Town Council - Special Meeting August 16, 2022 The Town Council of the Town of Los Gatos conducted a special 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 16, 2022 at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Rob Rennie, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc (participating remotely). Absent: Vice Mayor Maria Ristow. PRESENTATIONS i. Commendation for Cherie Strand, Outgoing Counter Technician. Mayor Rennie presented a commendation recognizing outgoing Counter Technician, Cherie Strand. CLOSED SESSION REPORT Gabrielle Whelan, Town Attorney, stated Council met as duly noted on the August 16, 2022 agenda and reported the Town Council authorized staff to amend the Town’s complaint against the County of Santa Clara and also authorized the Mayor to request a meeting with members of the Board of Supervisors with regard to the same matter. COUNCIL / MANAGER MATTERS Council Matters - Council Member Hudes stated he met individually with members of the Parks Commission, the Finance Commission, and the Senior Services Committee. - Council Member Sayoc stated she has participated in the Housing Element Advisory Board meetings; participated in the Santa Clara County Cities Association meetings; and spoke about the upcoming League of California Cities Conference in Long Beach next month. - Council Member Badame stated on August 8 she attended the Finance Commission meeting as observer and met with several constituents. - Mayor Rennie stated he attended Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee meeting; SVCEA Board meeting; the Finance Commission meeting; the 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 5 SUBJECT: Minutes of the Town Council Special Meeting of August 16, 2022 DATE: August 16, 2022 Council Matters – continued Valley Transportation Authority (VTA) Policy Advisory Committee meeting; the California League of Cities Association Legislative Action Committee meeting and California League of Cities Association Board meeting. Manager Matters - Announced Free COVID PCR testing will take place on August 18 at the Adult Recreation Center and reservations are available on the County’s website. - Announced the Housing Element Advisory Board will be held via teleconference on August 18, 2022 to consider the draft Housing Element. - Announced the final Music in the Park of 2022 will take place on Sunday, August 21 at the Civic Center Lawn. - Announced the Town has updated its Elections Page with information on Town Council Candidates and information on ballot Measure J. CONSENT ITEMS 1. Approve Draft Minutes of the August 2, 2022 Closed Session Town Council Meeting. 2. Approve Draft Minutes of the August 2, 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. RESOLUTION 2022-055 4. Receive the Fourth Quarter Investment Report (April through June 2022) for Fiscal Year 2021/22. 5. Authorize a Budget Adjustment in the Amount of $15,480 to Cover the Additional Work for Rincon Consultants, Inc. as Proposed by Mintier Harnish for a Not to Exceed Total of $319,562. 6. Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with Interwest Consulting Group to Include Supplemental Planning Division Consultant Services. 7. Approve an Amendment to the Temporary Salary Schedule for the Classification of Project Manager. Council Member Hudes pulled items 5 and 7. Opened public comment No one spoke. Closed public comment. MOTION: Motion by Council Member Badame to approve items 1-4 and 6. Seconded by Council Member Sayoc. VOTE: Motion passes 4-0-1. Vice Mayor Ristow absent. PAGE 3 OF 5 SUBJECT: Minutes of the Town Council Special Meeting of August 16, 2022 DATE: August 16, 2022 VERBAL COMMUNICATIONS No one spoke. OTHER BUSINESS 8. Receive the Information Provided in the Police Services Information: January – July 2022. Jamie Field, Police Chief, presented the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item and received the Police Services Report January – July 2022. 9. Receive Information on Town Operational Efficiencies and Provide Potential Direction. Laurel Prevetti, Town Manager, presented the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item and provided comments. 10. Approve up to $2.9 Million Provided to the Capital Program During the Fiscal Year 2022/23 Budget Process to Specific Capital Projects and Approve a Budget Adjustment Transferring $2,900,000 of General Fund Balance Anticipated to be Available in FY 22/23 from the American Rescue Plan Act (ARPA) Allocated “Replacement” Revenues Recognized in the General Fund in Accordance with the Lost Revenue Provisions of the Act to the General Fund Appropriated Reserve (GFAR). Nicolle Burnham, Parks and Public Works Director, presented the staff report. Opened public comment. Lee Fagot - Commented on concerns with the costs of the projects discussed and the current street resurfacing in his neighborhood. PAGE 4 OF 5 SUBJECT: Minutes of the Town Council Special Meeting of August 16, 2022 DATE: August 16, 2022 Other Business Item #10 – continued Closed public comment. Council discussed the item. MOTION: Motion by Mayor Rennie to approve the projects reflected in the table below with an additional $100,000 for the community garden project to be allocated from the reserve for future capital projects or matching funds. Seconded by Council Member Hudes. VOTE: Motion passes 4-0-1. Vice Mayor Ristow absent. Recommended Funding Project Name Allocation East Main Street Crosswalk Improvements 300,000 Downtown Restroom Feasibility Study/Design 25,000 Rehabilitate Automatic Gates - 41 Miles Avenue 25,000 Termite Abatement at Water Tower – 41 Miles Avenue 25,000 Civic Center Plumbing Repair – 110 E. Main Street 40,000 HVAC Improvements – Police Operations Building 25,000 Engineering Counter Modifications – 41 Miles Avenue 40,000 Unanticipated Repairs 100,000 Council Add: Community Garden Project 100,000 Reserve for Future Capital Projects or Matching Funds 2,220,000 2,320,000 TOTAL $ 2,900,000 Pulled Consent Items 5. Authorize a Budget Adjustment in the Amount of $15,480 to Cover the Additional Work for Rincon Consultants, Inc. as Proposed by Mintier Harnish for a Not to Exceed Total of $319,562. Joel Paulson, Community Development Director, presented the staff report. Opened public comment. No one spoke. Closed public comment. PAGE 5 OF 5 SUBJECT: Minutes of the Town Council Special Meeting of August 16, 2022 DATE: August 16, 2022 Pulled Consent Item # 5 – continued Council discussed the item. MOTION: Motion by Council Member Badame to authorize a budget adjustment in the amount of $15,480 to cover the additional work for Rincon Consultants, Inc. as proposed by Mintier Harnish for a not to exceed total of $319,562. Seconded by Council Member Sayoc. VOTE: Motion passes 4-0-1. Vice Mayor Ristow absent. 7. Approve an Amendment to the Temporary Salary Schedule for the Classification of Project Manager. Laurel Prevetti, Town Manager, presented the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Hudes to approve an amendment to the temporary salary schedule for the classification of Project Manager. Seconded by Council Member Badame. VOTE: Motion passes 4-0-1. Vice Mayor Ristow absent. ADJOURNMENT The meeting adjourned at 9:22 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA AUGUST 16, 2022 TELECONFERENCE 7:00 PM 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 TOWN OF LOS GATOS COUNCIL MEETING AGENDA AUGUST 16, 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/89591839805?pwd=a0FZdkdRaDZ2MU1HbmtrdHZVMWtEdz09 Passcode: 459256. You can also type in 895 9183 9805 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.  Join by telephone: Join by Telephone: Dial: USA 877 411 9748 US Toll-free or 636 651 3128 US Toll. Conference code: 363432 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 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 Cherie Strand, Outgoing Counter Technician. 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 August 2, 2022 Closed Session Town Council Meeting. 2. Approve Draft Minutes of the August 2, 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. Page 3 4. Receive the Fourth Quarter Investment Report (April through June 2022) for Fiscal Year 2021/22. 5. Authorize a Budget Adjustment in the Amount of $15,480 to Cover the Additional Work for Rincon Consultants, Inc. as Proposed by Mintier Harnish for a Not To Exceed Total of $319,562. 6. Authorize the Town Manager to Execute a First Amendment to the Agreement for Consultant Services with Interwest Consulting Group to Include Supplemental Planning Division Consultant Services. 7. Approve an Amendment to the Temporary Salary Schedule for the Classification of Project Manager. 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.) 8. Receive the Information Provided in the Police Services Information: January – July 2022. 9. Receive Information on Town Operational Efficiencies and Provide Potential Direction. 10. Approve up to $2.9 Million Provided to the Capital Program During the Fiscal Year 2022/23 Budget Process to Specific Capital Projects and Approve a Budget Adjustment Transferring $2,900,000 of General Fund Balance Anticipated to be Available in FY 22/23 from the American Rescue Plan Act (ARPA) Allocated “Replacement” Revenues Recognized in the General Fund in Accordance with the Lost Revenue Provisions of the Act to the General Fund Appropriated Reserve (GFAR). 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

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