Council Meeting
Regular MeetingLos Gatos, CA · September 20, 2022
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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