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Council Meeting

Regular Meeting

Los Gatos, CA · September 5, 2023

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS COUNCIL AGENDA REPORT Minutes of the Town Council Meeting Tuesday, September 5, 2023 The Town Council of the Town of Los Gatos conducted a regular meeting in person and utilizing teleconferencing means on Tuesday, September 5, 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, Council Member Rob Moore, Council Member Rob Rennie. Absent: None PLEDGE OF ALLEGIANCE The Los Gatos Toastmasters Club led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Ristow presented a Suicide Prevention and Awareness Month Proclamation at the request of Assembly Member Gail Pelgrin. CLOSED SESSION REPORT Gabrielle Whelan, Town Attorney, stated the Town Council met in closed session on August 22, 2023, to discuss anticipated litigation regarding the Town’s Sensitive Places Ordinance. The Town received a letter from Michel and Associates asking the Town delay enforcement of the Town’s Sensitive Places Ordinance at places of worship, public transit, and government building(s) where government business is not specifically transacted. The basis for the request is that there is not case law definitively stating that regulations of the concealed carry weapons in those locations is authorized. The Town’s ordinance is based on what was proposed by the state. Michel and Associates anticipates litigation with the State of California and they asked that the Town delay enforcing the ordinance at those locations until state litigation has been resolved, which is anticipated to occur in two to twelve months. All members of the Town Council, except for Rob Moore who was absent during the closed session, had voted to suspend enforcement of the affected portions of the Town’s “sensitive places” ordinance per the request. 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 September 5, 2023 DATE: September 5, 2023 COUNCIL/TOWN MANAGER REPORTS Council Matters - Council Member Hudes stated he met with the Senior Foundation; participated in the Council Policy Committee meeting; listened to the Housing Element Advisory Board Meeting; invited the public to attend the September 12, 2023 Joint Planning Commission and Town Council Study Session regarding SB330, Density Bonus Law, Builder’s Remedy, and CEQA. Council Member Hudes requested an item be placed on a Town Council agenda in September to review the Housing Element work plan to meet the January 31, 2024 Housing Element deadline, discuss the interactions between the Town and the California Department of Housing and Community Development (HCD), and provide direction to staff, the Housing Element Advisory Board, and other advisory bodies about the most expeditious way to achieve the deadline. Vice Mayor Badame supported the request. - Council Member Rennie stated he attended meetings of the Silicon Valley Clean Energy Authority (SVCEA) Risk Oversight Committee, Executive Committee, and CEO Search Committee meetings; viewed a property on Oka Lane prompted by a complaint of potential code violations; and met with the applicant of the assistive care building on Winchester. - Vice Mayor Badame stated she met with Jim Foley, Board Member for the Chamber of Commerce; attended a Community Health and Senior Services Commission (CHSSC) special meeting; attended the Monte-Sereno Community Picnic in the Park; commented on concerns with the Housing Element adoption timeline and supported Council Member Hudes’ request for an agenda item at a meeting in September and requested the new Housing Element consultant be in attendance for questions. - Council Member Moore recognized Labor Day, stated he attended a meeting of the Los Gatos Beautification Committee and explained how to get involved; met with the Chief Attorney of the City of Kathmandu in Nepal with the Mayor; attended the South Bay Labor Council Labor Day Barbeque, commented on the September 12 Joint Study Session with the Planning Commission; attended the Council Policy Committee meeting; and stated he will be hosting his Council Member Community Coffee on Monday. - Mayor Ristow stated she attended the Jazz in the Plazz and the Music in the Park events, the quarterly meeting of the Chamber of Commerce, Assembly Member Gail Pellerin’s Open House and School Supply Drive, the Midpeninsula Regional Open Space Annual Appreciation Luncheon, the quarterly Santa Clara Valley Water Commission special meeting, the 13th Annual Silicon Valley Bike Summit, the Monte-Sereno Community Picnic in the Park, the Drums of the World event, and the Los Gatos Eye Care 20th Anniversary Ribbon Cutting; met with several people regarding numerous topics; and encouraged all to attend the September 12th Planning and Town Council Joint Study Session regarding Senate Bill 330. PAGE 3 OF 6 SUBJECT: Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023 Manager Matters - Announced a Joint Meeting with the Town Council and the Planning Commission on September 12, 2023, to discuss SB330 and related laws will be in person, on Zoom, and televised. - Announced the Planning Commission will consider modifications to the Accessory Dwelling Unit Ordinance on September 13, 2023. - Announced Screen on the Green will be held on the Civic Center Lawn on September 22, 2023. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Minutes of the August 15, 2023 Special Town Council Meeting. 2. Approve Minutes of the August 15, 2023 Town Council Meeting. 3. Approve Minutes of the August 22, 2023 Town Council Closed Session Meeting. 4. Adopt a Resolution Approving Changes to the Town’s Comprehensive Fee Schedule Amending the Rates for Annual Residential Parking Permits and Employee Parking Permits. RESOLUTION 2023-045 5. Approve a Waiver of the 60-Day Special Event Permit Application Submittal Requirement for the Los Gatos Veterans Memorial and Support Foundation’s 9/11 Memorial Event, tentatively scheduled for Sunday, September 10, 2023. 6. Rescind Resolution 2023-044 and Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department. RESOLUTION 2023-046 Opened public comment. No one spoke. Closed public comment. MOTION: Motion by Council Member Moore to approve consent items 1-6. Seconded by Council Member Rennie. VOTE: Motion passed unanimously. VERBAL COMMUNICATIONS Jack Lucas, Los Gatos Community Concert Association Board Member - Thanked the Town for the Community Grant Award to the organization. Cathy Morgan, Los Gatos Community Concert Association Board Member - Thanked the Town for the Community Grant Award to the organization, commented on the organization, and stated the first performance is Sunday. PAGE 4 OF 6 SUBJECT: Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023 Verbal Communications – continued Daniel Stickney - Commented on a dip in the sidewalk on North Santa Cruz Avenue across the street from the Diner and the Post Office. Lynley Hogan - Commented on her experience of renting her home as a short-term rental. Eleanor Yick, Vice Chair CHSSC - Commented on the Senior Roadmap goals and the flyers created to make the community aware of the Hub. OTHER BUSINESS 7. Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Paul Horvat as the Temporary Emergency Services Coordinator in the Town Manager’s Office. RESOLUTION 2023-047 Laurel Prevetti, Town Manager, presented the staff report. Mayor Ristow opened public comment. No one spoke. Mayor Ristow closed public comment. MOTION: Motion by Vice Mayor Badame to adopt a resolution for the California Public Employees’ Retirement System Retirement Plan to waive the 180-day retiree rehire wait period and to appoint Paul Horvat as the Temporary Emergency Services Coordinator in the Town Manager’s Office per attachment 1 to the staff report. Seconded by Council Member Moore. VOTE: Motion passed unanimously. 8. Adopt Amendments to Town Council Policy #2-18: Legislative Policy and Approve Legislative Priorities with Regard to State, Federal, and Regional Legislation. POLICY 2-18 Katy Nomura, Assistant Town Manager, presented the staff report. Mayor Ristow opened public comment. PAGE 5 OF 6 SUBJECT: Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023 Other Business Item #8 – continued Eleanor Yick - Commented on the importance of a legislative policy and supported the item. Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Council Member Rennie to adopt the amendments to the policy and approve the proposed Legislative Priorities. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. 9. Discuss and Provide Direction for the Use of the Town Council, Staff and Community Values. Laurel Prevetti, Town Manager, presented the staff report. Mayor Ristow opened public comment. No one spoke. Mayor Ristow closed public comment. Council discussed the item. MOTION: Motion by Vice Mayor Badame to endorse the bulleted values on page one of the staff report (be respectful, welcoming, inclusive, compassionate, and kind to each other, appreciate the diversity of perspectives and views in our community, express your views and share your perspectives in helpful ways, listen to understand and empathize with each other, and collaborate and work together to do what is best for Los Gatos, as stated in the staff report). Seconded by Council Member Moore. VOTE: Motion passed unanimously. PAGE 6 OF 6 SUBJECT: Minutes of the Town Council Meeting of September 5, 2023 DATE: September 5, 2023 Other Business Item # 9 – continued MOTION: Motion by Council Member Hudes to bring back the Policy document notably the Code of Conduct updated with these values at the time the Council reconsiders the Code of Conduct. AMENDMENT: to remove the sentence “Disruption of the meeting may result in a violation of Penal Code Section 403” from the Code of Conduct and the Agenda Format and Rules Policies as they move forward. Seconded by Council Member Moore. VOTE: Motion passed unanimously. MOTION: Motion by Vice Mayor Badame to retire the current Rules of Decorum video with consideration of creation of a new video if found necessary by a Council majority. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. MOTION: Motion by Council Member Moore to allow staff to administratively reconsider and streamline the standard agenda language. Seconded by Council Member Hudes. VOTE: Motion passed unanimously. ADJOURNMENT The meeting adjourned at 8:34 p.m. Respectfully Submitted: _____________________________________ /s/ Jenna De Long, Deputy Town Clerk

Agenda

TOWN OF LOS GATOS COUNCIL MEETING AGENDA SEPTEMBER 5, 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 SEPTEMBER 5, 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/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09 Passcode: 771495. You can also type in 879 2200 5778 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join and use Passcode: 771495. 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 will be reviewed and distributed before the meeting. All comments received will become part of the record. Page 2 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. Suicide Prevention Awareness Month Proclamation 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 Minutes of the August 15, 2023 Special Town Council Meeting. 2. Approve Minutes of the August 15, 2023 Town Council Meeting. 3. Approve Minutes of the August 22, 2023 Town Council Closed Session Meeting. 4. Adopt a Resolution Approving Changes to the Town’s Comprehensive Fee Schedule Amending the Rates for Annual Residential Parking Permits and Employee Parking Permits. 5. Approve a Waiver of the 60-Day Special Event Permit Application Submittal Requirement for the Los Gatos Veterans Memorial and Support Foundation’s 9/11 Memorial Event, tentatively scheduled for Sunday, September 10, 2023. Page 3 6. Rescind Resolution 2023-044 and Adopt an Amended Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Sean Rose as the Temporary Capital Projects Manager in the Parks and Public Works Department 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.) 7. Adopt a Resolution for the California Public Employees’ Retirement System Retirement Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint Paul Horvat as the Temporary Emergency Services Coordinator in the Town Manager’s Office 8. Adopt Amendments to Town Council Policy #2-18: Legislative Policy and Approve Legislative Priorities with Regard to State, Federal, and Regional Legislation 9. Discuss and Provide Direction for the Use of the Town Council, Staff and Community Values 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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