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Council Meeting

Regular Meeting

Los Gatos, CA · September 20, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 10/04/2022 COUNCIL AGENDA REPORT Minutes of the Town Council September 20, 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, September 20, 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 (participating remotely). Absent: None CLOSED SESSION REPORT Gabrielle Whelan, Town Attorney, stated Council met as duly noted on the September 20, 2022 Closed Session agenda and stated there is no reportable action. COUNCIL / MANAGER MATTERS Council Matters - Vice Mayor Ristow stated she attended the Finance Commission as an observer, Los Gatos- Saratoga Service Providers meeting, Housing Element Advisory Board meeting, Green Streets for Sustainable Communities meeting, Council Retreat, Fiesta De Arts event, and met with a small group to plan the next steps for the United Against Hate week. - Council Member Sayoc stated in addition to some meetings mentioned by Vice Mayor Ristow, she attended the League of California Cities Peninsula Division meeting. - Council Member Hudes stated he participated in the Break the Stigma Health Fair with Council Member Sayoc, met with Community Emergency Response Team (CERT) members, and announced “HAM Cram” classes have begun which will enable people to get a license to operate a HAM radio, attended the 9/11 Veterans Memorial event, Finance Commission meeting, Finance Forum hosted by the Community Alliance, and the Council Retreat. - Council Member Badame stated she met with the Chamber of Commerce Executive Director and Board President regarding economic vitality, met with several residents to discuss concerns, attended the 9/11 Veterans Memorial event. - Mayor Rennie stated he attended a Bay Area Air Quality Management District (BAAQMD) regular and closed session meetings, Valley Transportation Authority (VTA) Board and Policy Advisory Committee meeting, 9/11 Veterans Memorial event, Silicon Valley Clean Energy 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 September 20, 2022 DATE: September 20, 2022 Council Matters – continued Authority Board and Oversight Committee meetings, Finance Commission meeting, Ribbon Cutting for Grocer and Goddess and Designs by Mish, met with the Chamber of Commerce with Vice Mayor Ristow, met with residents to discuss United Against Hate activities, VTA Board Workshop, BAAQMD Stationary Source and Climate Committee meetings. Manager Matters - Announced a community meeting on Senate Bill 9 will be held on September 21 via teleconference regarding parameters for a potential permanent ordinance. - Announced a community meeting for Blossom Hill Road will be held on September 22 at 7:00 p.m. via teleconference to discuss potential safety improvements by the elementary school. - Announced Screen on the Green will take place at Oak Meadow Park on Friday, September 23 with activates starting at 6:00 p.m. - Announced the Library will be closed to the public on September 29 for a service day. - Announced Boards, Commission, and Committee recruitment is underway and stated applications and more information can be found on the Clerk webpage, interviews will take place on December 13 in the evening. - Announced the Draft Housing Element is available for review, comments are encouraged and must be submitted by September 27 at 5:00 p.m. CONSENT ITEMS 1. Approve Draft Minutes of the September 6, 2022 Closed Session Town Council Meeting. 2. Approve Draft Minutes of the September 6, 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 2022-059 4. Authorize the Town Manager to Execute a First Amendment to the EMC Planning Group Inc. Agreement for Completion of the Housing Element Update as Proposed by the Firm for a Not to Exceed Total of $455,329 and authorize Revenue and Expenditure Budget Adjustments up to the Amount of $172,894 ($131,500 Plus 10 Percent Contingency) from the Available General Plan Update Deposit Account. 5. Consider the following in support of repair of a storm drainage system at 62 Ellenwood Avenue: 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 $300,000, Including Contingencies; d. Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount, If Needed; and e. Authorize Expenditure Budget Adjustment in an Amount of $113,400 From Available Funds in Fund 46. PAGE 3 OF 6 SUBJECT: Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022 Consent Calendar - continued 6. Authorize the Town Manager to Execute a Second Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Increase Compensation in the Amount of $50,000 for a Total Contract Amount Not to Exceed $230,000. 7. Authorize Payment of Up to An Additional $25,000 to Colantuono, Highsmith & Whatley, PC for a Total Payment Not to Exceed $115,000 for Fiscal Year 2021-22. 8. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $5,000 to Recognize Receipt and Expenditure of California State Library Grant Funds. Council Member Hudes pulled item #4. Opened public comment. Dick Konrad, Community Health and Senior Services Commission (CHSSC) Chair - Commented on the Community Health and Senior Service Commission’s goals for the year. Closed public comment. MOTION: Motion by Vice Mayor Ristow to approve items 1-8, exclusive of item 4. Seconded by Council Member Hudes. VOTE: Motion passes unanimously. VERBAL COMMUNICATIONS Kylie Clark - Commented in support of temporary cooling, heating, and smoke shelters. Susan Testa - Commented in support of moving the Christmas Parade to Sundays instead of Saturdays. Catherine Somers - Commented on the Los Gatos magazine article recognizing the luminaries in town and moving the Christmas Parade earlier in the morning or on Sunday instead of Saturday. Jack Lucas - Introduced himself as the Trustee for the West Valley Mission Community College District 5 and a Board member for the Los Gatos Community Concert Association, and commented on the Town supporting the Los Gatos Community Concert Association. PAGE 4 OF 6 SUBJECT: Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022 OTHER BUSINESS 9. Discuss Roles and Responsibilities of the Community Health and Senior Service Commission and the Senior Service Committee and Provide Direction to Staff. Arn Andrews, Assistant Town Manager, presented the staff report. Opened public comment. Tom Picraux, Senior Service Committee Chair - Commented on the Senior Service Committee Roadmap for senior services in Los Gatos and is supportive of option two. Jeffrey Blum, (CHSSC) Commissioner - Commented concerns of the CHSSC operating alongside the Senior Service Committee and is opposed to option three. George Grossman, CHSSC Commissioner - Commented concerns with the Roadmap drafted by Senior Service Committee and stated the committee may need to be extended. Catherine Somers, Senior Services Committee Member - Commented on the Senior Services Committee and is opposed to sunsetting the committee. Nancy Pearson, Senior Services Committee Member - Commented on the Senior Service Committee and agrees with the comments made by Catherine Somers. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Hudes to adopt option two in the staff report to have the members of the Community Health join with the Senior Service Commission in the Senior Service Committee through the completion of the Comprehensive Report. AMENDMENT: when the completion of the report has occurred, the Council will reevaluate the structure of the Commission depending on the outcome of the report. Seconded by Vice Mayor Ristow. VOTE: Motion passed unanimously. PAGE 5 OF 6 SUBJECT: Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022 10. Remote Participation: a. Discuss Remote Participation Expectations for Town Council Members and Commissioners, b. Approve a Modification as Recommended by the Council Policy Committee to Town Council Policy 2-01: Town Agenda Format and Rules, and c. Modify Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum for Consistent Language Regarding Excused Absences. Laurel Prevetti, Town Manager, presented the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item. MOTION: Motion by Vice Mayor Ristow to approve a modification as recommended by the Council Policy Committee to Town Council Policy 2-01: Town Agenda Format and Rules; and modify Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum for consistent language regarding excused absences with an amendment to include language stating “consistent with the FMLA and California Family Rights Act, absences of up to twelve (12) weeks due to parental leave constitute excused absences.” Seconded by Council Member Hudes. VOTE: Motion passed unanimously. 11. Receive an Update on a Roadside Fuel Reduction Federal Grant of $750,000 and Recognize a Future Match Commitment of $750,000. Arn Andrews, Assistant Town Manager, presented the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item and received the update. PAGE 6 OF 6 SUBJECT: Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022 Pulled Consent Item 4. Authorize the Town Manager to Execute a First Amendment to the EMC Planning Group Inc. Agreement for Completion of the Housing Element Update as Proposed by the Firm for a Not to Exceed Total of $455,329 and authorize Revenue and Expenditure Budget Adjustments up to the Amount of $172,894 ($131,500 Plus 10 Percent Contingency) from the Available General Plan Update Deposit Account. Joel Paulson, Community Development Director, presented the staff report. Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Council Member Hudes to authorize the Town Manager to execute a first amendment to the EMC Planning Group Inc. agreement for completion of the Housing Element Update as proposed by the firm and authorize revenue and expenditure budget adjustments up to the amount of $131,500 plus the modified contingency amount of $13,150 from the available General Plan Update Deposit account which would apply to the work that is prospective. Seconded by Vice Mayor Ristow. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 8:53 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA SEPTEMBER 20, 2022 TELECONFERENCE LOS GATOS, CA 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 COUNCIL MEETING AGENDA SEPTEMBER 20, 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/83278033589?pwd=OXJhZEhPcXo1clp3T2RUVVUvTzkrZz09 Passcode: 071561. You can also type in 814 8718 7330 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: 686100 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, Councilmembers, 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 Section 403. MEETING CALLED TO ORDER ROLL CALL 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 September 6, 2022 Closed Session Town Council Meeting 2. Approve Draft Minutes of the September 6, 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. Authorize the Town Manager to Execute a First Amendment to the EMC Planning Group Inc. Agreement for Completion of the Housing Element Update as Proposed by the Firm for a Not to Exceed Total of $455,329 and authorize Revenue and Expenditure Budget Adjustments up to the Amount of $172,894 ($131,500 Plus 10 Percent Contingency) from the Available General Plan Update Deposit Account Page 3 5. Consider the following in support of repair of a storm drainage system at 62 Ellenwood Avenue: 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 $300,000, Including Contingencies; d. Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount, If Needed; and e. Authorize Expenditure Budget Adjustment in an Amount of $113,400 From Available Funds in Fund 46 6. Authorize the Town Manager to Execute a Second Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Increase Compensation in the Amount of $50,000 for a Total Contract Amount Not to Exceed $230,000 7. Authorize Payment of Up to An Additional $25,000 to Colantuono, Highsmith & Whatley, PC for a Total Payment Not to Exceed $115,000 for Fiscal Year 2021-22 8. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $5,000 to Recognize Receipt and Expenditure of California State Library Grant Funds 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.) 9. Discuss Roles and Responsibilities of the Community Health and Senior Service Commission and the Senior Service Committee and Provide Direction to Staff 10. Remote Participation a. Discuss Remote Participation Expectations for Town Council Members and Commissioners, b. Approve a Modification as Recommended by the Council Policy Committee to Town Council Policy 2-01: Town Agenda Format and Rules, and c. Modify Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum for Consistent Language Regarding Excused Absences 11. Receive an Update on a Roadside Fuel Reduction Federal Grant of $750,000 and Recognize a Future Match Commitment of $750,000 ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time) Page 4 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. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers. 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

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