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Council Meeting

Regular Meeting

Los Gatos, CA · April 4, 2023

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS COUNCIL AGENDA REPORT Minutes of the Town Council Meeting Tuesday, April 4, 2023 The Town Council of the Town of Los Gatos conducted a regular meeting in-person and utilizing teleconferencing means on Tuesday, April 4, 2023, at 7:00 p.m. MEETING CALLED TO ORDER AT 7:00 P.M. ROLL CALL Present: Mayor Maria Ristow, Vice Mayor Mary Badame, Council Member Matthew Hudes (participated remotely under AB 2449 “Just Cause”), Council Member Rob Moore, Council Member Rob Rennie. Absent: None APPROVE REMOTE PARTICIPATION Council Member Hudes stated he will be participating remotely under AB2449 due to a contagious illness, and no one over 18 years old is in the room with him. PLEDGE OF ALLEGIANCE Louise Van Meter Student Council led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Ristow presented a proclamation for National Poetry Month to Poet Laureate Jen Siraganian. The Poet Laureate read a poem. The Mayor and Poet Laureate recognized the Youth and Teen Annual Poetry Contest winners. CLOSED SESSION REPORT Gabrielle Whelan, Town Attorney, stated Council met in Closed Session on April 3, 2023 to discuss the items duly noted on the closed session agenda and there was no reportable action. COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Hudes stated he met with members of the Community Health and Senior Services Commission (CHSSC), members of the former Senior Service Committee (SSC), attended a Democracy Tent interview, and met with residents concerning senior services. - Council Member Moore stated the Santa Clara County Board of Supervisors expanded the Countywide Trusted Response Urgent Support Team (TRUST) Program; attended the Daves Avenue Culture Fair; participated in judging the Morning Rotary Speech Contest, the League of California Cities meeting titled “Beyond the Housing Element Resources, Ideals 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 April 4, 2023 DATE: April 4, 2023 Council Matters – continued and Lessons for What’s Next;” attended the NUMU Art Now exhibit highlighting student art; attended the West Valley Community Services Chefs of Compassion dinner; became a Ham Radio Operator; met with staff representing State and Congressional Offices regarding legislative priorities; and announced his monthly Council Member community coffee at Los Gatos Roasting Coffee. - Vice Mayor Badame stated she attended the West Valley Mayors and Managers meeting, the CHSSC meeting as the Council Liaison, and the Rotary Speech Contest as a judge; and met with Senator Josh Becker. - Council Member Rennie stated he had no items in addition to the events and meetings already stated. - Mayor Ristow stated in addition the meetings and events already stated, she attended the Kiwanis Volunteer Fair; met with women who are current and former elected officials of Santa Clara County, representatives from Silicon Valley Bicycle Coalition, and Senator Josh Becker. Manager Matters - Announced April is Keep Los Gatos Beautiful Month and series of activities will be offered throughout the month. - Announced Spring into Green will be held on April 23, 2023, at Town Plaza Park at 10 a.m. to 1:00 p.m. and invited all to attend. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Closed Session Meeting Minutes of March 16, 2023. 2. Approve Council Meeting Minutes of March 21, 2023. 3. Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921): a. Award and Execute a Construction Agreement with Spencon Construction in an Amount Not to Exceed $427,520; and b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount. 4. Adopt Ordinance 2339 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 Amending Section 3.50.015 of the Town Code to Increase the Maximum Bingo Award to $500”. ORDINANCE 2339 Opened public comment. No one spoke. Closed public comment. PAGE 3 OF 7 SUBJECT: Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023 Consent Items – continued MOTION: Motion by Vice Mayor Badame to approve consent items 1-4. Seconded by Council Member Moore. VOTE: Motion passed unanimously by a roll call vote. VERBAL COMMUNICATIONS Blake Thornberry - Commented on Blossom Hill Road safety concerns including a recent collision, requested repainting Blossom Hill Road, installing more infrastructure, and asked the Council to help collaborate with San Jose to create a safer stretch of road. Jessica Thornberry - Commented on Blossom Hill Road safety concerns including a recent collision and would like to work together to create a safer environment for all. Joshua Fang and Shunxiang Fang - Commented on Blossom Hill Road safety concerns including a recent collision involving his wife and requested Council make the road safer. Selina Lu - Commented on Blossom Hill Road safety concerns and requested the Council provide assistance to the affected family. Gavin Lu - Requested action be taken to deter speeders such as automatic speeding cameras, posting speed signs, and form a joint committee with San Jose to help make Blossom Hill Road safer. Eva Fleisher - Commented on traffic safety concerns including a recent collision and suggested several traffic safety improvement measures. Lynley Hogan - Commented on the Communist Party USA. PAGE 4 OF 7 SUBJECT: Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023 PUBLIC HEARINGS 5. Introduce an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way. Gabrielle Whelan, Town Attorney, presented the item. Opened Public Comment. Kameron Emami, Youth Commissioner - Commented in support of the Ordinance. Taj Chunawala, Youth Commissioner - Commented in support of the Ordinance. Closed Public Comment. Council discussed the matter. MOTION: Motion by Vice Mayor Badame to introduce an ordinance repealing and replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” per Attachment 1 of the staff report with an amendment to strike the work “parks” from Section 5.10.070. Seconded by Council Member Moore. VOTE: Motion passed unanimously by a roll call vote. Wendy Wood, Town Clerk read the title of the Ordinance, “An Ordinance of the Town Council of the Town of Los Gatos Repealing and Replacing Chapter 5, ‘Bicycles,’ of the Town Code with a New Chapter 5, ‘Bicycles and Regulated Mobility Devices’ and Amending Section 23.30.010, ‘Exceptions From Article,’ of Title 23, ‘Streets and Sidewalks,’ to Address Bicycle Racks in the Public Right of Way.” OTHER BUSINESS 6. Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos. Laurel Prevetti, Town Manager, presented the item. Members of the faith-based community (Sue Ahmadian, Jo Greiner, Marna Taylor, and Ed Lozowicki) presented their programs which support the unhoused residents of Los Gatos. PAGE 5 OF 7 SUBJECT: Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023 Other Business Item #6 – continued Opened Public Comment. Jeffrey Suzuki - Requested the Council invest additional resources to support unhoused residents as soon as possible. Allan Bayless - Requested the Council consider different housing approaches and commented on safety concerns. Kylie Clark, West Valley Community Services - Commented on the unhoused and requested the Council invest additional resources to support the unhoused community. Chris Wiley - Commented on a possible source of funds, past Town actions, and identification of existing funds to support the unhoused. Ali Miano, Los Gatos Anti-Racism Coalition - Commented on possible shelter locations and requested the Town collaborate further with other agencies and governments to find long term solutions to support the unhoused. Ray Bramson, Destination Home - Commented in support of Council Member Moore’s proposal to support the unhoused. Kinsey Lee, Los Gatos Anti-Racism Coalition - Commented in support of Council Member Moore’s proposal to support the unhoused. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Rennie to increase the allocation to a total of $50,000; direct staff to figure out a “hotel” voucher program and return to Council with the parameters and structure of the program before money is spent; move forward with the $30,000 for the restrooms and shower program; direct staff to continue research on what is working well in other places; and look at how to do better work with potential partners like the County, other West Valley cities, non-profits, and other service providers. Seconded by Mayor Ristow. VOTE: Motion passed 4-1 by a roll call vote. Vice Mayor Badame voted no. PAGE 6 OF 7 SUBJECT: Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023 Recess 9:47 p.m. Reconvene 10:02 p.m. PUBLIC HEARINGS 7. Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson. Project Planner: Jennifer Armer. Jennifer Armer, Planning Manager, presented the item. Jesse Bristow, Applicant, provided a brief presentation and gave opening comments. Opened Public Comment. Eric Hulser - Commented on concerns with visualizing the height and size of the project and requested additional flagging. Bryan Mekechuk - Commented on concerns with the renderings, scale of the project, and outreach; and suggested the use of a drone to view each direction from the project. Closed Public Comment. The Applicant provided closing comments. Council discussed the matter. MOTION: Motion by Council Member Moore to grant a further exemption to the story pole policy to allow an alternative standard story pole installation to illustrate and provide notice on the proposed project on property zoned 0 that provides 6- by 8- foot signage with bright colors that links to a video rendering and also informs residents that the current story poles may not be representative of the final project, with posted signage every 50 feet. AMENDMENT: the signage is not larger than 32 square feet each, and no more than one sign per parcel consistent with the Town Code for construction signage. Seconded by Council Member Rennie. VOTE: Motion passed 3-2 by a roll call vote. Council Member Hudes and Vice Mayor Badame voting no. PAGE 7 OF 7 SUBJECT: Minutes of the Town Council Meeting of April 4, 2023 DATE: April 4, 2023 OTHER BUSINESS 8. Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to the California Housing and Community Development Department on March 31, 2023. Jocelyn Shoopman, Associate Planner, presented the item. Opened Public Comment. Jeff Suzuki, Los Gatos Anti-Racism Coalition - Commented on concerns of removing certain sites from the housing site inventory. Ali Miano, Los Gatos Anti-Racism Coalition - Commented on concerns of removing sites from the housing site inventory. Kinsey Lee, Los Gatos Anti-Racism Coalition - Commented in opposition of removing affordable housing sites from the proposed housing element. Nika Sabouri - Commented on homelessness and poverty, and the need for affordable housing. Closed Public Comment. Council discussed the matter and no action was taken. ADJOURNMENT The meeting adjourned at 11:24 p.m. Respectfully Submitted: _____________________________________ /s/ Jenna De Long, Deputy Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA APRIL 04, 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 APRIL 04, 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/85022166378?pwd=WWJ1eThYMVhabFV6TW9MZ0M2cWVwdz09 Passcode: 167761 You can also type in 850 2216 6378 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 Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting Page 2 will be reviewed and distributed before the meeting. All comments received will become part of the record. MEETING CALL TO ORDER ROLL CALL APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an emergency circumstance requiring a Council member to participate remotely under AB 2449 (Government Code 54953). 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 Meeting without first being recognized; · Interrupting speakers, Town Council Meeting, 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. PLEDGE OF ALLEGIANCE PRESENTATIONS i. Proclamation Recognizing Poetry Month ii. Poet Laureate and Student Poetry Readings. 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 16, 2023. 2. Approve Council Meeting Minutes of March 21, 2023. 3. Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921): Page 3 a. Award and Execute a Construction Agreement with Spencon Construction in an Amount Not to Exceed $427,520; and b. Authorize Staff to Execute Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount. 4. Adopt Ordinance 2339 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 Amending Section 3.50.015 of the Town Code to Increase the Maximum Bingo Award to $500”. 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.) 5. Introduce an Ordinance Repealing and Replacing Town Code Chapter 5, “Bicycles,” with a new Chapter 5, “Bicycles and Regulated Mobility Devices,” to Remove Obsolete Requirements and Add Regulations for E-Bikes and Regulated Mobility Devices and Amending Section 23.30.010, “Exceptions from Article” to Address Required Approval of Bicycle Racks in the Public Right of Way. OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 6. Discussion and Direction for Use of the Council Allocated $25,000 to Support the Unhoused Residents of Los Gatos. PUBLIC HEARINGS 7. Consider a Request for an Exception to the Story Pole Policy to Allow an Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the Proposed Project on Property Zoned O. Located at 15860-15894 Winchester Boulevard and 17484 Shelburne Way. APN 529-11-013, -038, -039, and -040. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson. Project Planner: Jennifer Armer. OTHER BUSINESS 8. Review and Discuss the Draft Revised 2023-2031 Housing Element as Submitted to the California Housing and Community Development Department on March 31, 2023. 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. Page 4 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.

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