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Council Meeting

Regular Meeting

Los Gatos, CA · March 21, 2023

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS COUNCIL AGENDA REPORT Minutes of the Town Council Meeting March 21, 2023 The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, March 21, 2023, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Maria Ristow (participated remotely under AB 2449 “Just Cause”), Vice Mayor Mary Badame, Council Member Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie. Absent: None Mayor Ristow stated she will be participating remotely under AB2449 due to a contagious illness, and no one over 18 years old is in the room with her. PLEDGE OF ALLEGIANCE Juliette Vrijen led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Vice Mayor Badame presented a proclamation for Red Cross Month to Juan Benitez a Red Cross Board Member and Los Gatos resident. Vice Mayor Badame presented commendations to members of the Senior Service Committee to recognize their service in preparing the Senior Roadmap. CLOSED SESSION REPORT Gabrielle Whelan, Town Attorney, stated Council met in Closed Session on Thursday, March 16, 2023, to discuss potential litigation duly noted on the agenda and there is no report. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Hudes stated he met with individuals on various Town Committees and Commissions, met with several individuals on a variety of topics including: wildfire and vegetation management strategy, finance policy, amateur radio emergency services, Senior Roadmap implementation, Eucalyptus trees on Overlook Road; met with a former Senior Service Committee member; attended an Enhanced Health Services presentation by former Mayor Sayoc and County Supervisor Joe Simitian; and announced amateur radio service “HAM Cram” courses will begin April 1, 2023. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 21, 2023 DATE: March 23, 2023 Council Matters – continued - Council Member Rennie stated he attended the Enhanced Health Services presentation by former Mayor Sayoc and County Supervisor Joe Simitian, the Silicon Valley Clean Energy Authority (SVCEA) Board meeting, the Valley Transportation Authority (VTA) Policy Advisory Committee meeting, the Cities Association Board meeting, and the Finance Commission meeting; received an update on the North 40 Phase II plan; spoke at a Democracy Tent meeting; met with residents regarding Fire Department costs and services, and capital emergency preparedness funding; and announced May is Bike month. - Council Member Moore stated he met with residents regarding homelessness, traffic, wireless communications, and schools during his Council Member Community Coffee event; and attended an assembly on culture and diversity at Daves Elementary School, the Cal Cities Statewide Community Services Committee meeting, the KCAT Community Storytelling Series, the Ethos ribbon cutting, the Enhanced Health Services presentation by former Mayor Sayoc and County Supervisor Joe Simitian, Plant-Based Advocates speaker series, a meet-up for people interested in housing, the Housing Element Advisory Board (HEAB) meeting, and the West Valley Sanitation District meeting. - Mayor Ristow stated she attended the Chamber of Commerce Gala, the Ethos ribbon cutting, the Rockefeller Capital Management ribbon cutting, the St. Vincent de Paul at St. Mary’s monthly meeting, the Finance Commission meeting, and the HEAB meeting as an observer; met with 7th graders at Fisher Middle School regarding their projects; delivered a birthday card on behalf of the Town Council for resident Tomoko-san’s 91st birthday; and thanked Council for picking up obligations while she is out. - Vice Mayor stated she attended a meeting with Don Capobres, Eden Housing, and Grosvenor regarding the North 40 Phase II, Finance Commission as an observer, Pi Day celebration at Mathnasium and presented awards, and the Plant-Based Advocates speaker series. Manager Matters - Announced the newest Community Emergency Response Team (CERT) class will hold their graduation at the Saratoga Senior Center on Saturday, March 25 at 12:30 p.m. - Announced the San Francisco Opera will be coming to Los Gatos Civic Center Lawn on March 24 and 25 at 7:30 p.m., and on March 26 at 2:00 p.m. - Announced Town staff will be at the farmer’s market on Sunday, March 26 to discuss the Housing Element. - Announced Spring into Green will be held on Sunday, April 23, 2023 and more information is forthcoming. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Closed Session Meeting Minutes of March 6, 2023. 2. Approve Closed Session Meeting Minutes of March 7, 2023. 3. Approve Council Meeting Minutes of March 7, 2023. PAGE 3 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 21, 2023 DATE: March 23, 2023 Consent Items – continued 4. Appoint Vice Mayor Mary Badame as the Council Liaison to the Community Health and Senior Services Commission. 5. Receive the Monthly Financial and Investment Report (January 2023). 6. Accept the Annual Progress Report for General Plan and Housing Element Implementation. 7. Receive the Independent Accountants’ Report on Agreed-Upon Procedures on Measure G Revenues and Expenditures for the Period July 1, 2021 to June 30, 2022. 8. Authorize the Town Manager to Execute a Third Amendment to the Consultant Services Agreement with Dixon Resources Unlimited (Dixon) for the Comprehensive Downtown Parking Study (813-0242) to Extend the Contract term, Add to the Scope of Services, and Additional Compensation. 9. Approve Partial Rent Relief for Los Gatos-Saratoga Recreation and the New Museums of Los Gatos (NUMU) for Fiscal Year (FY) 2023/24, Using Available American Rescue Plan Act (ARPA) Dollars. Opened public comment. Marie Cameron - Commented in support of New Museums of Los Gatos (NUMU) partial rent relief related to item 9. Ami Davis, NUMU Executive Director - Commented in support of the New Museums of Los Gatos (NUMU) partial rent relief related to item 9 and requested additional rent relief on a permanent basis. Kimberly Snyder, NUMU Interim Executive Director - Commented in support of the New Museums of Los Gatos (NUMU) partial rent relief related to item 9. Nancy Rollett, Los Gatos-Saratoga Recreation Executive Director - Commented in support of the Los Gatos-Saratoga Recreation partial rent relief related to item 9. Closed public comment. Council Member Hudes pulled items 6 and 9. MOTION: Motion by Council Member Rennie to approve items 1-5, 7, and 8. Seconded by Council Member Moore. VOTE: Motion passed by a unanimous roll call vote. PAGE 4 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 21, 2023 DATE: March 23, 2023 VERBAL COMMUNICATIONS Lynley Hogan - Read an excerpt from author Paul Harvey. Gary Kohlsaat - Commented on concerns with Public Resources Code Section 4290 regarding fire safety regulations and requested Council consider drafting a resolution similar to Saratoga to streamline projects. Catherine Somers - Commented on unhoused residents seeking a shelter from the weather and requested information to assist these residents. PUBLIC HEARINGS 10. Introduce a Proposed Ordinance Amending Section 3.50.015 of the Town Code to Increase Maximum Bingo Award to $500. 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 Rennie to approve the introduction of the Ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 3 “Amusements” of the Town Code Regarding Bingo Award Amount. Seconded by Council Member Moore. VOTE: Motion passed by a unanimous roll call vote. 11. Fee and Fine Schedules for Fiscal Year 2023/24: a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2023/24 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2023/24. RESOLUTION 2023-012 b. Adopt a Resolution Approving the Comprehensive Fine Schedule for Fiscal Year 2023/24 to Continue Certain Department Fines and Amending Certain Fines for Fiscal Year 2023/24. RESOLUTION 2023-013 PAGE 5 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 21, 2023 DATE: March 23, 2023 Public Hearing Item #11 – continued Gitta Ungvari, Finance Director, presented the staff report. Opened Public Comment. No one spoke. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Rennie to adopt a resolution approving the Comprehensive Fee Schedule in Attachment 1 of the staff report for Fiscal Year 2023/24 to continue certain Department fees, rates, and charges, and amending certain fees, rates, and charges for Fiscal Year 2023/24; and adopt a resolution approving the Comprehensive Fine Schedule in Attachment 3 of the staff report for Fiscal Year 2023/24 to continue certain Department fines and amending certain fines for Fiscal Year 2023/24. Seconded by Council Member Hudes. VOTE: Motion passed by a unanimous roll call vote. OTHER BUSINESS 12. Receive a Report on Roadside Fire Fuel Reduction (Vegetation Management) (CIP 812- 0130) and Provide Direction on 2023 Work Plan. Council Member Hudes stated he lives within 1,000 feet of Eucalyptus trees on Overlook Road that will be discussed during this item and in consultation with the Town Attorney, stated he will participate in the discussion and consideration of this item. Nicolle Burnham, Parks and Public Works Director, presented the staff report. Opened public comment. Anita Goddard - Commented on her experience with the fallen Eucalyptus trees on Overlook Road and requested removal of the trees. Linda Rodriguez - Commented on her experience with the fallen Eucalyptus trees on Overlook Road, requested removal of the trees, and would like the removal to be moved up to a priority one. PAGE 6 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 21, 2023 DATE: March 23, 2023 Other Business Item #12 – continued Mary O’Connell - Commented on her experience with the fallen eucalyptus trees on Overlook Road and requested removal of the trees. Rob Stump - Commented on wildfire preparation and prevention; requested the Town approve $750,000 to match the Federal Emergency Management Agency grant for roadside fuel reduction; authorize a minimum of $250,000 to remove Eucalyptus trees; and requested additional funding to support weed abatement. Aileen Braga - Commented concerns of the Eucalyptus trees on Overlook Road and requested removal of the trees. Closed public comment. Council discussed the matter. MOTION: Motion by Council Member Rennie to move the Eucalyptus trees on Overlook Road to priority one and allocate $750,000 in fiscal year 2022/23 to match the federal grant. Seconded by Council Member Hudes. VOTE: Motion passed by a unanimous roll call vote. Recess 8:59 p.m. Reconvene 9:10 p.m. 13. Receive Preliminary Fiscal Year 2023/24 – 2027/28 Five-Year Capital Improvement Program (CIP) Information and Provide Direction on Project Priorities. Nicolle Burnham, Parks and Public Works Director, presented the staff report. Opened public comment. Nancy Walker - Commented on concerns with the storm drain on Loma Street not draining properly causing flooding of the street and surrounding homes, and requested Council prioritize the storm drain issue. PAGE 7 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 21, 2023 DATE: March 23, 2023 Other Business Item #13 – continued Kerry Lindholm - Commented on concerns with the storm drain on Loma Street causing flooding of the street and surrounding homes, and requested Council prioritize the storm drain issue. Richard Newell - Commented on the storm drain on Loma Street does not drain properly and provided a presentation, requested the Council prioritize the storm drain issue. Tom Picraux - Commented on the community garden’s design and implementation concerns. Patrick Dirks - Requested Capital Improvement budget for fiscal years 2024, 2025 and 2026 to modernize and build out certain emergency management facilities including Incident Command Posts. Ron Meyer - Commented on prioritizing projects that support public safety, street infrastructure, wildfire maintenance, and requested information on how projects get prioritized. Catherine Somers - Commented on using the balance of funding in the downtown streetscape project to do revitalization projects. Closed public comment. Council provided feedback to staff with three or more Council Members supporting the reallocation of the Winchester Boulevard project grant funds, the storm drainage projects, the community garden design project, and emergency preparedness. Pulled Consent Items 6. Accept the Annual Progress Report for General Plan and Housing Element Implementation. Laurel Prevetti, Town Manager, stated staff is available for questions. Opened public comment. No one spoke. Closed public comment. Council discussed the item. PAGE 8 OF 8 SUBJECT: Minutes of the Town Council Meeting of March 21, 2023 DATE: March 23, 2023 Pulled Consent Item #6 – continued Council Members Hudes and Badame requested the Mayor place the Housing Element on the first available Council meeting agenda. MOTION: Motion by Council Member Hudes to accept the annual progress report for the General Plan and Housing Element implementation. Seconded by Vice Mayor Badame. VOTE: Motion passed by a unanimous roll call vote. 9. Approve Partial Rent Relief for Los Gatos-Saratoga Recreation and the New Museums of Los Gatos (NUMU) for Fiscal Year (FY) 2023/24, Using Available American Rescue Plan Act (ARPA) Dollars. Opened public comment. Catherine Somers - Commented in support LGS Recreation 55+ and NUMU programs, and requested Council utilize ARPA funds to provide full rent relief for another year. Tom Picraux - Commented on concerns with having a sustainable continuation of social recreation programs for older adults. Closed public comment. Council discussed the matter. MOTION: Motion by Council Member Moore to approve partial rent relief for Los Gatos- Saratoga Recreation and the New Museums of Los Gatos (NUMU) for Fiscal Year (FY) 2023/24, using available American Rescue Plan Act (ARPA) dollars. Seconded by Council Member Hudes. VOTE: Motion passed by a unanimous roll call vote. ADJOURNMENT The meeting adjourned at 11:12 p.m. Respectfully Submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA MARCH 21, 2023 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS LOS GATOS, CA 7:00 PM PARTICIPATION IN THE PUBLIC PROCESS Maria Ristow, Mayor Mary Badame Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member Rob Rennie, 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 MARCH 21, 2023 110 EAST MAIN STREET AND TELECONFERENCE TOWN COUNCIL CHAMBERS 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/81130870079?pwd=N01VUHIxUitGNTFDd3lsa1FDSWJwQT09 Passcode: 146400 You can also type in 811 3087 0079 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 Clerk@losgatosca.gov the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal Page 2 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, 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 Section 403. MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATIONS i. Recognize Red Cross Month ii. Recognize the Senior Services Committee Members 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 Closed Session Meeting Minutes of March 6, 2023. 2. Approve Closed Session Meeting Minutes of March 7, 2023. 3. Approve Council Meeting Minutes of March 7, 2023. 4. Appoint Vice Mayor Mary Badame as the Council Liaison to the Community Health and Senior Services Commission. 5. Receive the Monthly Financial and Investment Report (January 2023). 6. Accept the Annual Progress Report for General Plan and Housing Element Implementation. Page 3 7. Receive the Independent Accountants’ Report on Agreed-Upon Procedures on Measure G Revenues and Expenditures for the Period July 1, 2021 to June 30, 2022. 8. Authorize the Town Manager to Execute a Third Amendment to the Consultant Services Agreement with Dixon Resources Unlimited (Dixon) for the Comprehensive Downtown Parking Study (813-0242) to Extend the Contract term, Add to the Scope of Services, and Additional Compensation. 9. Approve Partial Rent Relief for Los Gatos-Saratoga Recreation and the New Museums of Los Gatos (NUMU) for Fiscal Year (FY) 2023/24, Using Available American Rescue Plan Act (ARPA) Dollars. 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.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes maximum for opening statements. Members of the public may be allotted up to three minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of three minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.) 10. Introduce a Proposed Ordinance Amending Section 3.50.015 of the Town Code to Increase Maximum Bingo Award to $500. 11. Fee and Fine Schedules for Fiscal Year 2023/24: a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal Year 2023/24 to Continue Certain Department Fees, Rates, and Charges, and Amending Certain Fees, Rates, and Charges for Fiscal Year 2023/24. b. Adopt a Resolution Approving the Comprehensive Fine Schedule for Fiscal Year 2023/24 to Continue Certain Department Fines and Amending Certain Fines for Fiscal Year 2023/24. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 12. Receive a Report on Roadside Fire Fuel Reduction (Vegetation Management) (CIP 812- 0130) and Provide Direction on 2023 Work Plan. 13. Receive Preliminary Fiscal Year 2023/24 – 2027/28 Five-Year Capital Improvement Program Information and Provide Direction on Project Priorities. 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: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law. Page 4

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