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Council Policy Committee

Regular Meeting

Los Gatos, CA · February 28, 2023

AgendaPacketMinutes

Minutes

TOWN OF LOS GATOS TOWN COUNCIL POLICY COMMITTEE Minutes of the Town Council Policy Committee Meeting February 28, 2023 The Town Council Policy Committee of the Town of Los Gatos conducted a regular meeting utilizing teleconference and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.) and Town of Los Gatos Resolution 2021-044 on Tuesday, February 28, 2023, at 5:00 p.m. MEETING CALLED TO ORDER AT 5:01 P.M. ROLL CALL Members Present: Rob Moore, Matthew Hudes Staff Present: Laurel Prevetti, Town Manager; Gabrielle Whelan, Town Attorney; Wendy Wood, Town Clerk; Joel Paulson, Community Development Department Director; Holly Young, Senior Management Analyst. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Draft Minutes of the January 23, 2023 Council Policy Committee. Approved. VERBAL COMMUNICATIONS Abc123 commented that the meeting was not on the calendar system on the Town website. Lee Quintana commented that the meeting is on the Town’s agenda calendar, but not on the monthly calendar. OTHER BUSINESS 2. Confirm 2023 Work Plan Items for the Council Policy Committee. Laurel Prevetti, Town Manager, presented the staff report. 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov PAGE 2 OF 3 Opened public comment. Lee Quintana commented that the second to last item of reexamining the Policy Committee’s enabling resolution should be moved up in importance because it has to do with the role of the Committee itself. Closed Public Comment. After discussion, the Committee agreed to adopt the items as listed in loose priority order with staff using discretion to group items together and the following adjustments:  Move the two items regarding labor negotiations recommended by the Finance Commission (items 4 and 5) down the list to just above the last item;  Move the item regarding reexamining the Policy Committee’s enabling resolution up the list to the #5 position;  Delete the commercial rent control item; and  Add a review of Senate Bill 1439 to the review of Ethics and Conflict of Interest Policies item. 3. Discuss and Provide Direction to Potentially Modify Town Council Policy 2-04: Town Council Code of Conduct, Town Council Policy 2-05: Planning Commission Policies and Procedures, Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum, and the Commissioner Handbook. Laurel Prevetti, Town Manager, and Gabrielle Whelan, Town Attorney, presented the staff report. Opened public comment. Karen Delaney commented that in 2018, she asked the Committee to revise the Code of Conduct, requested that a third party be brought in to investigate violations, and said that the policy should meet or exceed best practices. Lee Quintana commented that the Code of Conduct policy should be clarified with definitions of minor and major infractions, minor infractions should be handled privately, there should be appropriate actions for varying degrees of major infractions, a third party should investigate major infractions, and the subject of a violation should be treated as an appellant. Susan Burnett commented that errors in judgment should be defined and that many minor errors should be considered a major error. She commented that errors should be documented as to how they should be handled and that censures should be specified as written or verbal. Closed Public Comment. PAGE 3 OF 3 After discussion, the Committee asked staff to return to the Committee with proposed revisions to the Code of Conduct Policy for discussion that include: a fair process for discipline of varying degrees; specific definitions/examples; clear enforcement direction; a process for the subject of a violation to be able to present facts to the Council; clarification regarding speaking on behalf of a Commission versus as an individual; use of a third party to review major violations; and other adjustments. The Committee asked that staff consolidate disciplinary items to the Code of Conduct and remove similar guidance from the other policies. ADJOURNMENT The meeting adjourned at 6:32 p.m. This is to certify that the foregoing is a true and correct copy of the minutes of the February 28, 2023 meeting as approved by the Town Council Policy Committee. /s/ Holly Young, Senior Management Analyst

Agenda

TOWN OF LOS GATOS COUNCIL POLICY COMMITTEE AGENDA FEBRUARY 28, 2023 TELECONFERENCE 5:00 PM Rob Moore, Chair Mathew Hudes, Vice Chair IMPORTANT NOTICE This meeting is being conducted utilizing teleconferencing and electronic means consistent with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not be physically open to the public and the Council will be teleconferencing from remote locations. Members of the public can only participate in the meeting by joining the Zoom webinar (log in information provided below). 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/83046365193?pwd=ckFQUVBDWEVNZTBQZXhFbjhDL3B1QT09 Passcode: 812858. You can also type in 830 463 65193 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.  Join by telephone. Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100 When the Chair 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. If you are participating by calling in, press #2 on your telephone keypad to raise your hand. When called to speak, you will 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 Chair may decide, consistent with the time limit for speakers at a Council Policy Committee meeting. If you wish to speak to an item or items on the Consent Calendar, please state which item number(s) you are commenting on at the beginning of your time. If you are unable to participate in real-time, you may email to PublicComment@losgatosca.gov the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment). 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 1 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 Committee without first being recognized; · Interrupting speakers, Committee Members, 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 CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business and may be approved by one motion. Any member of the Committee 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 Chair 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 Chair has the sole discretion to determine when the item will be heard.) 1. Approve Draft Minutes of the January 23, 2023 Council Policy Committee Meeting. VERBAL COMMUNICATIONS (Members of the public are welcome to address the Policy Committee 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 Chair, 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.) 2. Confirm 2023 Work Plan Items for the Council Policy Committee. 3. Discuss and Provide Direction to Potentially Modify Town Council Policy 2-04: Town Council Code of Conduct, Town Council Policy 2-05: Planning Commission Policies and Procedures, Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum, and the Commissioner Handbook. ADJOURNMENT Page 2

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