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Council Meeting

Regular Meeting

Los Gatos, CA · October 18, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 11/01/2022 COUNCIL AGENDA REPORT Minutes of the Town Council October 18, 2022 The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, October 18, 2022 at 7:00 p.m. MEETING CALLED TO ORDER AT 7:01 P.M. ROLL CALL Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Pravin Balasingham led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT Gabrielle Whelan, Town Attorney, stated Council met as duly noted on the October 13 and 18, 2022 Closed Session agendas and stated there is no reportable action. COUNCIL / MANAGER MATTERS Council Matters - Council Member Sayoc stated she attended the West Valley Community College Roots Pantry Grand Opening and attended the Cities Association Board meeting on behalf of the Mayor. - Council Member Badame stated she attended the Finance Commission meeting as an observer; chaired the Conceptual Development Advisory Committee meeting which was continued November 9 due to a lack of quorum; attended the West Valley Solid Waste Management Authority Board meeting and the West Valley Clean Water Authority Board meeting; met with Alan Feinberg the creator of “Discover LOST Gatos” the historical walking tours, and a KCAT Board Member to discuss various issues in Town. - Vice Mayor Ristow stated she attended the Los Gatos-Monte Sereno Police Foundation Recognition Luncheon, the Police Academy, the First Fridays Senior Service Committee event at the Palms for community members 55 and older, the Finance Committee meeting as an observer, the Complete Streets and Transportation Committee meeting as an observer, and met with residents on various topics. - Council Member Hudes stated he attended the Los Gatos-Monte Sereno Police Foundation Recognition Luncheon, the Los Gatos-Monte Sereno Emergency Communication Leadership meetings “HAM Cram” class and Community Emergency Response Team exercises, the Senior Service Roadmap Sub-Committee meetings, and the Finance Commission meeting. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022 Council Matters – continued - Mayor Rennie stated he attended the Bay Area Air Quality Management District Technology Implementation Steering Committee meeting, the Stationary Source Committee meeting, and the Board meeting; attended the Silicon Valley Clean Energy Authority (SVCEA) Finance Committee meeting, the SVCEA Risk Oversight Committee meeting, and Board meeting; attended the Valley Transportation Authority Board and Policy Advisory Committee meetings; and the Finance Commission meeting. Manager Matters - Announced that Board, Commission, and Committee recruitment is underway, applications are due on December 2, at 4:00 p.m. and more information can be found on the Clerk webpage. - Announced a Housing Element Advisory Board Committee meeting will be held on Thursday, October 20th via teleconference. - Announced free COVID-19 testing will take place on October 27, 2022 at the Adult Recreation Center and appointments will be available beginning Thursday, October 20. - Announced ballot boxes are now outside of Town Hall and the Library. CONSENT ITEMS 1. Approve Draft Minutes of the October 4, 2022 Special Town Council Meeting. 2. Approve Draft Minutes of the October 4, 2022 Town Council Meeting. 3. Approve Draft Minutes of the October 13, 2022 Closed Session Town Council Meeting. 4. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees. RESOLUTION 2022-065 5. Adopt an Extension to June 30, 2023 to the Town’s Economic Recovery Resolution to Allow for the Continued Support of the Town’s Economic Recovery Efforts, including the Completion of the Construction and Implementation of the Semi-Permanent Parklet Program. RESOLUTION 2022-066 6. Adopt a Resolution Approving and Authorizing the Town Manager to Execute the Project Specific Maintenance Agreement for Los Gatos Creek Trail with the California Department of Transportation. RESOLUTION 2022-067 7. Authorize the Town Manager to Enter into a Memorandum of Understanding with the Los Gatos Saratoga Union High School District and Los Gatos Union School District to Participate in a Community Norms Effort at a Cost Not to Exceed $16,800. 8. Receive Independent Accountants’ Report on Agreed-Upon Procedures on Measure G Revenues and Expenditures for the Period March 1, 2019 to June 30, 2021. PAGE 3 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022 Consent Items – continued 9. Storm Drainage System Repair at 62 Ellenwood Avenue (CIP No. 816-0420): a. Reject All Bids Received and Opened on October 10, 2022 for the Project; and b. Authorize the Town Manager to Re- Bid the Project with Changes that May Reduce Project Cost. Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Vice Mayor Ristow to approve items 1-9. Seconded by Council Member Badame. VOTE: Motion passes unanimously. VERBAL COMMUNICATIONS Christopher Bajorer - Requested the Town adopt a rigorous process for validating the residency of an applicant who requests to build an Accessory Dwelling Unit or split a lot. Tom Picraux, Senior Service Committee Chair - Commented on the Senior Service Roadmap Sub-Committee progress. John Shepardson - Commented on the Albright settlement funds, and suggested the Town make better use of the Finance Commission, hire an outside consultant to review the budget, have the Santa Clara County Sheriff make a proposal to provide police services to the Town, and possibly submit a parcel tax ballot measure to help fund police services. OTHER BUSINESS 10. Receive an Annual Report Regarding the Independent Police Auditor Function. Gabrielle Whelan, Town Attorney, provided the staff report. Opened public comment. No one spoke. Closed public comment. Council discussed the item and received the report. PAGE 4 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022 11. Discuss the Housing Element Process and the Next Steps for the Referendum of the 2040 General Plan Land Use and Community Design Elements, and Provide Direction on the Preferred Approach for the Referendum. Gabrielle Whelan, Town Attorney, and Joel Paulson, Community Development Director, provided the staff report. Opened public comment. Ronald Meyer - Inquired where the 2040 General Plan can be accessed and commented in support of Option B in the staff report to place the measure on the ballot at the November 2024 General Municipal Election. Richard Kananen - Commented on the Housing Element, opposed rezoning to higher density, and supports restoring the land use goal to preserve, promote and protect the existing small town character and quality of life in Los Gatos. Diane Pleasant - Commented on the small town character of the Town and requested the Council consider adding the word “small” back into the verbiage of the 2040 General Plan. Rob Stump - Commented on the referendum and spoke in support of the option to rescind and replace the Land Use and Community Design Elements of the 2040 General Plan. Rick Van Hoesen - Commented on the referendum and stated support for Option C to rescind and replace the Elements as listed in the staff report. Barbara Dodson - Commented on the General Plan, did not support placing the referendum on a ballot, and supports the option to rescind and replace. Markene Smith - Commented on concerns with the housing numbers and affordable housing, requested the Council consider adding transit solutions and energy efficiency, requested the phrase “preserve, promote and protect the existing small town character and quality of life” be added back into the Plan, and supported the rescind and replace option. PAGE 5 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022 Other Business item #11 – continued Kathryn Morgan - Commented on concerns with water, housing, traffic, and parking, and requested a guaranteed percentage of affordable housing. Sutton Roley - Commented on concerns with housing numbers being higher that the State mandated number and would like to revisit the General Plan every eight years in line with the Reginal Housing Needs Assessment (RHNA) cycle to make any necessary amendments. Lee Quintana - Commented on the difference between increasing density in a General Plan designation and upzoning in the Zoning Code. She also explained that the Zoning Code may limit what might be possible within a General Plan land use designation. Lee Fagot - Commented on concerns with too much housing, the impacts of traffic, parking, water use, and electricity, and would like Council to commit to preserve, promote and protect the existing small town character and quality of life in Los Gatos. Catherine Somers, Chamber of Commerce Executive Director - Commented in support of the 2040 Community Design Element and requested Council consider implementing workforce housing and additional transportation solutions. Ken Arendt - Commented on concerns with the increased housing numbers, availability of affordable housing, stated he would not want to go through an expensive ballot measure and would like to preserve the small-town character. Younggang “Jason” Xu - Commented on the small town character. Melanie Hanssen - Commented in support of option C in the staff report and commented on the Design Element. Bill Kraus - Commented that the housing number buffer should be reduced from 15% to 3 to 5% and recommended adding the goal of preserving the small town character back into the 2040 General Plan. PAGE 6 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022 Other Business item #11 – continued Ian Land - Commented on moderating growth, stated concerns with pressures on infrastructure, and spoke about rescinding and replacing the elements and voting on the proposed amended elements in 2024. Kevin Ma - Commented on the need for housing and discussed compliance issues with the Housing Element. John Shepardson - Commented on concerns with the possible number of units, the draw on the Town’s resources, and supports keeping the small town character language and include Justice, Equity, Diversity and Inclusion (JEDI) in the 2040 General Plan. Randi Chen - Commented that not all parcels are eligible for upzoning due to other constraints and Town Codes; stated that the 12,000 housing unit number is unrealistic; and said that requiring different types of housing can enhance the small town character. Joanne Rodgers - Commented in support of Option C and opposed adding 12,000 units. Jake Wilde - Commented the Town has a need for additional housing given the job housing ratio. Closed public comment. Recess 9:16 p.m. Reconvene 9:27 p.m. Council discussed the item. MOTION: Motion by Council Member Hudes to reconsider the Land use and Community Design elements after adoption of the 2040 Housing Element, no later than the time frame for the 2024 election. Seconded by Council Member Badame. VOTE: Motion passed unanimously. PAGE 7 OF 7 SUBJECT: Minutes of the Town Council Meeting of October 18, 2022 DATE: October 25, 2022 ADJOURNMENT The meeting adjourned at 10:05 p.m. Respectfully submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA OCTOBER 18, 2022 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS LOS GATOS, CA 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, 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 OCTOBER 18, 2022 TOWN COUNCIL CHAMBERS AT 110 EAST MAIN STREET AND TELECONFERENCE 7:00 PM IMPORTANT NOTICE This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for agenda items in-person or virtually through the Zoom webinar by following the instructions listed below. The live stream of the meeting may be viewed on television and/or online at www.LosGatosCA.gov/TownYouTube. 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/82608393569?pwd=SmNVUlFWL2NJNzhydmsrTnhmc3JWZz09 Passcode: 139751. You can also type in 826 0839 3569 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join. o 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.  Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100 o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.  In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” located on the back of the chamber benches and return it to the Town Clerk. If you wish to speak to an item on the agenda, please list the item number. If you wish to speak on an item NOT on the agenda, please list the subject and you may speak during the “Verbal Communications” period. The time allocated to speakers may change to better facilitate the Town Council meeting. When called to speak, you may 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 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 PLEDGE OF ALLEGIANCE 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 October 4, 2022 Special Town Council Meeting. 2. Approve Draft Minutes of the October 4, 2022 Town Council Meeting. 3. Approve Draft Minutes of the October 13, 2022 Closed Session Town Council Meeting. 4. Adopt a Resolution Reaffirming Resolution 2021-044 and Making Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill 361, and, Due to Health and Safety Concerns for the Public, Authorizing the Use of Hybrid Meetings for the Town Council and the Continued Use of Virtual Meetings for Boards and Commissions While Town Staff Makes the Necessary Arrangements to Transition to Hybrid Meetings for All Town Boards, Commissions, and Committees. 5. Adopt an Extension to June 30, 2023 to the Town’s Economic Recovery Resolution to Allow for the Continued Support of the Town’s Economic Recovery Efforts, including the Completion of the Construction and Implementation of the Semi-Permanent Parklet Program. 6. Adopt a Resolution Approving and Authorizing the Town Manager to Execute the Project Specific Maintenance Agreement for Los Gatos Creek Trail with the California Department of Transportation. Page 3 7. Authorize the Town Manager to Enter into a Memorandum of Understanding with the Los Gatos Saratoga Union High School District and Los Gatos Union School District to Participate in a Community Norms Effort at a Cost Not to Exceed $16,800. 8. Receive Independent Accountants’ Report on Agreed-Upon Procedures on Measure G Revenues and Expenditures for the Period March 1, 2019 to June 30, 2021. 9. Storm Drainage System Repair at 62 Ellenwood Avenue (CIP No. 816-0420): a. Reject All Bids Received and Opened on October 10, 2022 for the Project; and b. Authorize the Town Manager to Re- Bid the Project with Changes that May Reduce Project Cost. 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. Receive an Annual Report Regarding the Independent Police Auditor Function. 11. Discuss the Housing Element Process and the Next Steps for the Referendum of the 2040 General Plan Land Use and Community Design Elements, and Provide Direction on the Preferred Approach for the Referendum. 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. 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 4

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