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Council Meeting

Regular Meeting

Los Gatos, CA · October 4, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 10/18/2022 COUNCIL AGENDA REPORT Minutes of the Town Council Meeting Tuesday, October 4, 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, October 4, 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 COUNCIL/TOWN MANAGER REPORTS Council Matters - Vice Mayor Ristow stated she attended the Campbell State of the City, Saratoga State of the City, Fusion Academy 10-year Anniversary Celebration event, the Los Gatos-Monte Sereno Police Department (LGMSPD) Academy, Screen on the Green, Youth Citizen of the Year Awards, LGMSPD Swearing-In Ceremony, Senior Services Committee meeting, and a Senior Services Engagement Ad Hoc Committee meeting; and toured the Live Oak Adult Day Care. - Council Member Badame stated she attended the Council Policy Committee meeting, met Saratoga Area Senior Coordinating Council (SASCC) Executive Director Tyler Taylor, and met with constituents regarding issues in Town. - Council Member Sayoc stated the League of California Cites Peninsula Division held an annual social meeting. - Council Member Hudes stated he attended Senior Services Committee and subcommittee meetings, attended a Silicon Valley Regional Interoperability Authority meeting, participated in the LGMSPD Academy, taught at the Emergency Communications “HAM Cram” classes, and attended the Los Gatos Concert Series. - Mayor Rennie stated he attended the Bay Area Air Quality Management District Board and Legislative Committee meetings, LGMSPD Swearing-In Ceremony, Youth Citizens of the Year Award, and the West Valley Mayors and Managers meeting; and spoke with Cub Scout Pack 556. 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 October 4, 2022 DATE: October 4, 2022 Manager Matters - Announced staff will be at the Farmer’s Market to discuss the Housing Element. - Announced adult Board, Commission, and Committee recruitment is underway; the application period closes on December 2, 2022 at 4:00 p.m.; additional information and applications are available on the Town Clerk webpage. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Draft Minutes of the September 17, 2022 Town Council Special Meeting Retreat. 2. Approve Minutes of the September 20, 2022 Closed Session Town Council Meeting. 3. Approve Minutes of the September 20, 2022 Town Council Meeting. 4. 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 2022-060 5. Authorize the Town Manager to Execute a Second Amendment to the Agreement with M- Group for Consultant Services as Provided in the Senate Bill 2 Los Gatos Planning Grant Program Application by Increasing Compensation to a Total Not to Exceed Amount of $130,279 Including Contingencies and Authorize a $67,279 Revenue Budget Adjustment to Recognize the Grant Receipt. 6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Audit Services with Badawi and Associates to Extend the Term of the Agreement. 7. Adopt a Resolution Amending the Enabling Resolution of the Senior Service Committee and Rescind Resolution 2021-035. RESOLUTION 2022-061 8. Approve an Amendment to the Management Salary Schedule to Establish a New Classification Title and Salary Range for Finance and Accounting Manager. 9. Adopt a Resolution to Accept the Elections Official’s Certification of the Sufficiency of the Petition of the Referendum of Resolution 2022-046. RESOLUTION 2022-062 MOTION: Motion by Council Member Badame to approve consent items 1-9. Seconded by Vice Mayor Ristow. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Folake Phillips - Commented on inclusion and belonging, and inquired about support for the United Against Hate week. Ami Davis, NUMU Executive Director - Stated NUMU would like to help participate and be a resource for the Town to promote justice, equity, diversity, and inclusion efforts. PAGE 3 OF 6 SUBJECT: Minutes of the Town Council Meeting of October 4, 2022 DATE: October 4, 2022 Verbal Communication – continued Jeffrey Suzuki - Commented on the Town’s justice, equity, diversity, and inclusion efforts. OTHER BUSINESS 10. Adopt the Updated Town Social Media Policy as Recommended by the Policy Committee. Holly Young, Management Analyst, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Hudes to adopt the updated Town Social Media Policy as recommended by the Council Policy Committee. AMENDMENT: Direct staff to review the policy every two years and if there are material changes either bring it to the Policy Committee or directly back to the Council in the event that the Policy needs to be amended.. Seconded by Council Member Badame. VOTE: Motion passed unanimously. 11. Adopt the Updated Town Council Code of Conduct Policy as Recommended by the Policy Committee. Gabrielle Whelan, Town Attorney, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Badame to adopt the updated Town Council Code of Conduct Policy as recommended by the Council Policy Committee. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. PAGE 4 OF 6 SUBJECT: Minutes of the Town Council Meeting of October 4, 2022 DATE: October 4, 2022 12. Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and Authorize the Town Manager to Negotiate and Execute the 4 New York Avenue Grant Agreement and All Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney. RESOLUTION 2022-063 Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. Scott Hoffman, San Jose Water - Commented on concerns for future utility easements. Lee Fagot - Commented in support of the item. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Ristow to adopt a resolution granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and authorize the Town Manager to negotiate and execute the 4 New York Avenue grant agreement and all documents needed to complete the transaction in a form acceptable to the Town Attorney. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. 13. Adopt Final Lease Agreement with CineLux Theatres Co. LLC for the Operation and Program Management of the Los Gatos Theatre. Arn Andrews, Assistant Town Manager, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. Council discussed the matter. PAGE 5 OF 6 SUBJECT: Minutes of the Town Council Meeting of October 4, 2022 DATE: October 4, 2022 Other Business Item #13 - continued MOTION: Motion by Vice Mayor Ristow to adopt a final lease agreement with CineLux Theatres Co. LLC for the operation and program management of the Los Gatos Theatre. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. 14. Adopt a Resolution to Confirm Suspension of the 2040 General Plan Land Use and Community Design Elements and Provide that the 2020 General Plan Land Use and Community Design Elements Govern During the Period of Suspension. RESOLUTION 2022- 064 Joel Paulson, Community Development Director, presented the staff report. Opened Public Comment. Jeffrey Suzuki, Los Gatos Anti-Racism Coalition President - Commented in support of the 2040 General Plan. Ali Miano, Los Gatos Anti-Racism Coalition - Commented in support of the 2040 General Plan. Closed Public Comment. Council discussed the matter. Mayor Rennie reopened public comment. Marica Jensen - Commented on the 2040 General Plan, encouraged the Council to move forward with the Housing Element, and inquired about the suspension of the Land Use and Community Design Elements due to the Referendum. Closed Public Comment. Council continued to discuss the matter. MOTION: Motion by Council Member Badame to approve the resolution to confirm suspension of the 2040 General Plan Land Use and Community Design Elements and provide that the 2020 General Plan Land Use and Community Design Elements govern during the suspension period. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. PAGE 6 OF 6 SUBJECT: Minutes of the Town Council Meeting of October 4, 2022 DATE: October 4, 2022 ADJOURNMENT The meeting adjourned at 8:42 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA OCTOBER 04, 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 o 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 4 TOWN OF LOS GATOS COUNCIL MEETING AGENDA OCTOBER 04, 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/85733902640?pwd=QzJSUnFTTDRRZytmME1jSFBUSHl0QT09 Passcode: 108498. You can also type in 857 3390 2640 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 of 4 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 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 17, 2022 Town Council Special Meeting Retreat. 2. Approve Minutes of the September 20, 2022 Closed Session Town Council Meeting. 3. Approve Minutes of the September 20, 2022 Town Council Meeting. 4. 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. 5. Authorize the Town Manager to Execute a Second Amendment to the Agreement with M-Group for Consultant Services as Provided in the Senate Bill 2 Los Gatos Planning Grant Program Application by Increasing Compensation to a Total Not to Exceed Amount of $130,279 Including Contingencies and Authorize a $67,279 Revenue Budget Adjustment to Recognize the Grant Receipt. Page 3 of 4 6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Audit Services with Badawi and Associates to Extend the Term of the Agreement. 7. Adopt a Resolution Amending the Enabling Resolution of the Senior Service Committee and Rescind Resolution 2021-035. 8. Approve an Amendment to the Management Salary Schedule to Establish a New Classification Title and Salary Range for Finance and Accounting Manager. 9. Adopt a Resolution to Accept the Elections Official’s Certification of the Sufficiency of the Petition of the Referendum of Resolution 2022-046. 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.) 10. Adopt the Updated Town Social Media Policy as Recommended by the Policy Committee. 11. Adopt the Updated Town Council Code of Conduct Policy as Recommended by the Policy Committee. 12. Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and Authorize the Town Manager to Negotiate and Execute the 4 New York Avenue Grant Agreement and All Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney. 13. Adopt Final Lease Agreement with CineLux Theatres Co. LLC for the Operation and Program Management of the Los Gatos Theatre. 14. Adopt a Resolution to Confirm Suspension of the 2040 General Plan Land Use and Community Design Elements and Provide that the 2020 General Plan Land Use and Community Design Elements Govern During the Period of Suspension. 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 of 4

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