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Council Meeting

Regular Meeting

Los Gatos, CA · December 6, 2022

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS MEETING DATE: 12/20/2022 COUNCIL AGENDA REPORT Minutes of the Town Council December 6, 2022 The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, December 6, 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 (participated remotely), Council Member Marico Sayoc. Absent: None PLEDGE OF ALLEGIANCE Advika Anand led the Pledge of Allegiance. The audience was invited to participate. COUNCIL / MANAGER MATTERS Council Matters - Council Member Hudes stated he attended two Senior Service Committee Governance subcommittee meetings, the Finance Commission meeting, the Senior Service Committee Road Mapping subcommittee, and the Senior Service Committee meeting. - Council Member Sayoc stated she attended the Holiday Tree Lighting, the Holiday Parade, and the Housing Element Advisory Board meeting. - Council Member Badame stated she met with Lee Fagot the moderator of Democracy Tent; and attended the West Valley Solid Waste Management District Authority Board meeting, the Holiday Tree Lighting, and the Holiday Parade. - Vice Mayor Ristow stated she attended the Holiday Tree Lighting, the Holiday Parade, Chamber of Commerce Open House, West Valley Mayors and Managers meeting as an alternate, several meetings of the Senior Service Commission subcommittees, Housing Element Advisory Board (HEAB) meeting, and meetings with Vice Mayors of other jurisdictions. - Mayor Rennie stated he attended the Holiday Parade, Holiday Tree Lighting, Chamber of Commerce Open House, Silicon Valley Clean Energy Authority Regulatory and Legislative Affairs Committee meeting, Bay Area Air Quality Management District (BAAQMD) Stationary Source Committee meeting, and the Valley Transportation Authority (VTA) Board meetings; and gave a talk at the Club of Los Gatos regarding developments in the Town. 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 December 6, 2022 DATE: December 6, 2022 Manager Matters - Announced free valet parking service is available in the parking lot between Elm and Greys Lane and University and N. Santa Cruz. - Coffee with a Cop will take place on December 14 at Starbucks on N. Santa Cruz Ave from 7:30 a.m. to 9:30 a.m. CONSENT ITEMS 1. Approve Draft Minutes of November 15, 2022 Town Council Meeting. 2. 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 2022-073 3. Receive Fiscal Year (FY) 2021/22 Status Report on Receipt and Use of Development Impact Fees. 4. Fiscal Year 2022/23 Street Repair and Resurfacing Project (CIP Number 811-9901): a. Approve the Preliminary Street List; and b. Authorize the Town Manager to Execute a Cost Sharing Agreement with the City of San José in an Amount Not to Exceed $1 Million to Microsurface Los Gatos Almaden Road between Taft Drive and Leigh Avenue, Resurface Blossom Hill Road between Francis Oak Way and Union Avenue, and Resurface Union Avenue between Los Gatos Almaden Road and Blossom Hill Road. 5. Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Describing Properties Where Such Nuisance Exists, and Setting a Public Hearing Date of January 17, 2023 to Consider Objections to the Proposed Abatement of Hazardous Vegetation for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement. RESOLUTION 2022-074 6. Authorize the Following Actions Related to the Tyler Technologies Contract: a. Authorize the Town Manager to Execute a Second Amendment to the Agreement with Tyler Technologies to Increase Compensation by $33,000 for a Total Contract Amount Not to Exceed $1,295,061; and b. Authorize an Expenditure Budget Adjustment in the Amount of $33,000 from Available Information Technology Fund. 7. Authorize the Town Manager to Execute a First Amendment to an Agreement for Services with LWP Claims Solutions to Provide Workers’ Compensation Third-Party Administration (TPA) Services Effective January 1, 2023, through December 31, 2027, for an Amount of $350,000, and for a Total Amount Not to Exceed $521,357. 8. Authorize the Town Manager to Execute a First Amendment to Consultant Services Agreement with KPA Group for Design of Americans with Disabilities Act (ADA) Compliant Restrooms and Human Resources Offices (CIP 821-2117) and ADA Upgrades to Public Restrooms at the Adult Recreation Center (CIP 821-2601) in an Amount of $40,365 for a Total Agreement Amount Not-to-Exceed $140,365. PAGE 3 OF 6 SUBJECT: Minutes of the Town Council Meeting of December 6, 2022 DATE: December 6, 2022 Consent Items – continued Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Vice Mayor Ristow to approve items 1-8. Seconded by Council Member Sayoc. VOTE: Motion passes unanimously. VERBAL COMMUNICATIONS Ami Davis, NUMU Executive Director - Commented on the Muwekma Tribe and requested the Town Council consider a formal recognition of Native American Heritage Month. Kareem Syed - Requested the Town Council consider a formal recognition of Native American Heritage Month. Alicia Spargo - Commented on diversity, equity, and inclusion, and requested the Town Council consider a formal recognition of Native American Heritage Month and Indigenous People’s Day. Mary Beth Bykowsky, California Department of Insurance (CDI) - Commented on wildfire safety regulations to help reduce insurance costs. Anusha Mannava, West Valley Community Services - Announced a community meeting on Zoom on December 12 from 6:30 p.m. to 8:15 p.m. to discuss Accessory Dwelling Units. OTHER BUSINESS 9. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager Effective on the Anniversary Date and Authorize Salary and Benefits Budget Adjustments in the Amount of $11,626 from Available General Fund Capital/Special Projects Reserve. Salina Flores, Human Resources Director, provided the staff report for items 9 and 10 together. Opened public comment. PAGE 4 OF 6 SUBJECT: Minutes of the Town Council Meeting of December 6, 2022 DATE: December 6, 2022 Other Business Item #9 – continued No one spoke. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Badame approve an amendment to the employment agreement between the Town of Los Gatos and the Town Manager effective on the anniversary date and authorize salary and benefits budget adjustments in the amount of $11,626 from available General Fund Capital/Special Projects Reserve. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. 10. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney, and Authorize Salary and Benefits Budget Adjustments in the Amount of $3,872 from Available General Fund Capital/Special Projects Reserve. Salina Flores, Human Resources Director, provided the staff report for items 9 and 10 together. Opened public comment. No one spoke. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Badame to approve an amendment to the employment agreement between the Town of Los Gatos and the Town Attorney, and authorize salary and benefits budget adjustments in the amount of $3,872 from available General Fund Capital/Special Projects Reserve. Seconded by Council Member Sayoc. VOTE: Motion passed unanimously. 11. Adopt a Resolution Amending the Comprehensive Fee Schedule for Fiscal Year (FY) 2022/23 Amending Certain Fees, Rates, and Charges for FY 2022/23. RESOLUTION 2022-075 Gitta Ungvari, Finance Director, provided the staff report. PAGE 5 OF 6 SUBJECT: Minutes of the Town Council Meeting of December 6, 2022 DATE: December 6, 2022 Other Business Item #11 – continued Opened public comment. No one spoke. Closed public comment. Council discussed the item. MOTION: Motion by Council Member Sayoc to adopt a resolution amending the Comprehensive Fee Schedule for Fiscal Year (FY) 2022/23 amending certain fees, rates, and charges for FY 2022/23 as contained in Exhibit A. Seconded by Council Member Badame. VOTE: Motion passed unanimously. 12. Receive an Update on the Downtown Parking Program and Provide Feedback. Jim Renelle, Parking Program Manager, provided the staff report. Opened public comment. Randi Chen, Los Gatos Chamber of Commerce - Commented on the success of the Employee Parking Program; pay-to-stay parking; signage; and requested Council address inequity for employees in the Olive Zone. Closed public comment. Council discussed the item and received the update. 13. Receive a Project Update and Approve the Phase 1 Concept Plan for the Blossom Hill Road Traffic Safety Project (CIP No. 813-0239) for Final Design. Nicolle Burnham, Parks and Public Works Director, provided the staff report. Opened public comment. Ben Carter - Commented in support of the Phase 1 Concept Plan. PAGE 6 OF 6 SUBJECT: Minutes of the Town Council Meeting of December 6, 2022 DATE: December 6, 2022 Other Business Item #13 – continued Mehrdad Alipour - Commented on safety issues, and is concerned with the budget because the Phase 1 Concept Plan will not address all the issues. Rise Schwartz - Inquired how to the plan will affect the traffic on Cherrystone Drive and commented on concerns with the Phase 1 Concept Plan. Doctor Joanne Justis - Commented on safety issues, supports the Phase 1 Concept Plan as a first step, but is concerned with the budget because the plan will not address all of the concerns. Doris Davis - Commented on concerns with the Phase 1 Concept Plan and requested Council consider the safety of Shannon Road for pedestrians. Angela Pappanastos - Commented on concerns with the Phase 1 Concept Plan and inquired about the proposed reduction of automobile lanes. Closed public comment. Council discussed the item. MOTION: Motion by Vice Mayor Ristow to approve the Phase 1 Concept Plan for the Blossom Hill Road Traffic Safety Project (CIP No. 813-0239) for final design, directed staff to look at Cherrystone Drive to see what can be done evaluating along the way to make sure they can mitigate other unintended consequences there might be on the neighboring streets, and consider a stop sign at the free right turn to southbound Cherry Blossom Lane from Blossom Hill Road. Seconded by Council Member Badame. VOTE: Motion passed unanimously. 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 DECEMBER 06, 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 Tuesdays 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 DECEMBER 06, 2022 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS LOS GATOS, CA 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/85272524316?pwd=ZEo5ZXRUZ3lURXB3UkVSUjNyNVRkQT09 Passcode: 491103. You can also type in 852 7252 4316 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. Page 2 If you are unable to participate in real-time, you may email to Clerk@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. 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 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 November 15, 2022 Town Council Meeting. 2. 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. 3. Receive Fiscal Year (FY) 2021/22 Status Report on Receipt and Use of Development Impact Fees. 4. Fiscal Year 2022/23 Street Repair and Resurfacing Project (CIP Number 811-9901): a. Approve the Preliminary Street List; and Page 3 b. Authorize the Town Manager to Execute a Cost Sharing Agreement with the City of San José in an Amount Not to Exceed $1 Million to Microsurface Los Gatos Almaden Road between Taft Drive and Leigh Avenue, Resurface Blossom Hill Road between Francis Oak Way and Union Avenue, and Resurface Union Avenue between Los Gatos Almaden Road and Blossom Hill Road. 5. Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Describing Properties Where Such Nuisance Exists, and Setting a Public Hearing Date of January 17, 2023 to Consider Objections to the Proposed Abatement of Hazardous Vegetation for Properties Listed on the 2023 Weed Abatement Program Commencement Report and Order the Abatement. 6. Authorize the Following Actions Related to the Tyler Technologies Contract: a. Authorize the Town Manager to Execute a Second Amendment to the Agreement with Tyler Technologies to Increase Compensation by $33,000 for a Total Contract Amount Not to Exceed $1,295,061; and b. Authorize an Expenditure Budget Adjustment in the Amount of $33,000 from Available Information Technology Fund. 7. Authorize the Town Manager to Execute a First Amendment to an Agreement for Services with LWP Claims Solutions to Provide Workers’ Compensation Third-Party Administration (TPA) Services Effective January 1, 2023, through December 31, 2027, for an Amount of $350,000, and for a Total Amount Not to Exceed $521,357. 8. Authorize the Town Manager to Execute a First Amendment to Consultant Services Agreement with KPA Group for Design of Americans with Disabilities Act (ADA) Compliant Restrooms and Human Resources Offices (CIP 821-2117) and ADA Upgrades to Public Restrooms at the Adult Recreation Center (CIP 821-2601) in an Amount of $40,365 for a Total Agreement Amount Not-to-Exceed $140,365. 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. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Manager Effective on the Anniversary Date and Authorize Salary and Benefits Budget Adjustments in the Amount of $11,626 from Available General Fund Capital/Special Projects Reserve. 10. Approve an Amendment to the Employment Agreement Between the Town of Los Gatos and the Town Attorney, and Authorize Salary and Benefits Budget Adjustments in the Amount of $3,872 from Available General Fund Capital/Special Projects Reserve. 11. Adopt a Resolution Amending the Comprehensive Fee Schedule for Fiscal Year (FY) 2022/23 Amending Certain Fees, Rates, and Charges for FY 2022/23. 12. Receive an Update on the Downtown Parking Program and Provide Feedback. Page 4 13. Receive a Project Update and Approve the Phase 1 Concept Plan for the Blossom Hill Road Traffic Safety Project (CIP No. 813-0239) for Final Design. 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. 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