18 Attachment 5. Staff Report and Attachments March 28, 2023 Policy Committee MeetingPage 1
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE AGENDA
MARCH 28, 2023
110 EAST MAIN STREET
TOWN COUNCIL CHAMBERS
5:00 PM
Rob Moore, Chair
Matthew Hudes, Vice Chair
This meeting will be held in-person at the Town Council Chambers at 110 E. Main Street.
Members of the public may only provide public comments for the agenda item in-person.
PARTICIPATION IN THE PUBLIC PROCESS
The Town of Los Gatos strongly encourages your active participation in the public process,
which is the cornerstone of democracy. If you are interested in providing oral comments during
the meeting, you must attend in-person and complete a “speaker’s card” located on the back of
the chamber benches and return it to the staff. If you wish to speak to an item on the agenda,
please list the item number. The time allocated to speakers may change to better facilitate the
Board meeting. You are welcome to submit written comments via email to
Clerk@LosGatosCA.Gov.
Public Comment During the Meeting:
When called to speak, 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 Town
meeting.
Speakers at public meetings will be asked to provide their full name and to state whether
they are a resident of the Town of Los Gatos. This information is optional and not
required.
Deadlines for Public Comment and Presentations are as follows:
If you are unable to participate in person, you may email Clerk@LosGatosCA.Gov with the
subject line “Public Comment Item #_” (insert the item number relevant to your
comment). Persons wishing to submit written comments to be included in the materials
provided to Board must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Friday before the Committee
meeting
o For inclusion in an Addendum: by 11:00 a.m. the Monday or Tuesday before the
Committee meeting
o For inclusion in a Desk Item: by 11:00 a.m. on the day of the Committee meeting
Persons wishing to make an audio/visual presentation on any agenda item must submit the
presentation electronically, either in person or via email to Clerk@LosGatosCA.Gov to the
by 3:00 p.m. the day of the meeting.
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ATTACHMENT 5
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MEETING CALL TO ORDER
ROLL CALL
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.
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 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 Minutes of the February 28, 2023 Council Policy Committee Meeting.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the 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. Discuss Proposed Changes to Council Code of Conduct Policy, and Commission
Appointments, Residency and Attendance Requirements and Establishing a Quorum
Policy.
3. Recommend Legislative Priorities to the Town Council.
ADJOURNMENT
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
TOWN COUNCIL
POLICY COMMITTEE
MEETING DATE: 03/28/2023
ITEM NO: 1
DRAFT
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.
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PAGE 2 OF 3
SUBJECT: Draft Minutes of the Council Policy Committee Meeting of February 28, 2023
DATE: March 28, 2023
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.
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SUBJECT: Draft Minutes of the Council Policy Committee Meeting of February 28, 2023
DATE: March 28, 2023
After discussion, the Committee asked staff to return to the Committee with a revised Code of
Conduct Policy that includes: 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.
Holly Young, Senior Management Analyst
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Reviewed by: Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 03/28/2023
ITEM NO: 2
DATE: March 22, 2023
TO: Council Policy Committee
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Discuss Proposed Changes to Council Code of Conduct Policy, and
Commission Appointments, Residency and Attendance Requirements and
Establishing a Quorum Policy
RECOMMENDATION:
Discuss proposed changes to Town Council Policy 2-04, the “Code of Conduct” as well as
potential changes to Town Council Policy 2-11, “Commission Appointments, Residency, and
Attendance Requirements and Establishing a Quorum” and provide direction to staff.
BACKGROUND:
At its February meeting, the Policy Committee discussed potential modifications to Town
Council Policy 2-04, “Code of Conduct.” The Committee preferred that all guidance pertaining
to discipline of Commissioners be contained in a single policy.
DISCUSSION:
The Policy Committee’s discussion focused on Town Council Policy 2-04, “Code of Conduct.”
Specifically, the Policy Committee discussed:
1) Clarifying that the Code of Conduct applies to members of Town Boards, Commissions,
and Committees in addition to Town Councilmembers;
2) Potentially changing the current composition of the Evaluation Committee to consist
primarily of elected officials;
3) Providing examples of what will constitute major and minor violations of the Code of
Conduct;
4) In the event that a public hearing is held regarding recommended discipline, providing
the subject of the complaint with ten minutes to make an introductory statement and
five minutes at the end of the public hearing to make an additional statement.
5) Specifying that censure consists of a written statement.
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SUBJECT: Proposed Changes to Council Code of Conduct Policy and Related Policies
DATE: March 22, 2023
DISCUSSION (continued):
Staff has the following additional questions for the Policy Committee’s consideration:
1) Several sections of the existing policy are unrelated to “conduct.” These are sections
pertaining to: the Mayoral and Vice Mayoral Selection Process and Mayoral and Vice
Mayoral Roles, Responsibilities, and Relationships. Does the Policy Committee
recommend that these topics move to separate policies?
2) The Section titled “Maintaining Civility at Council Meetings” duplicates language in the
Council’s “Agenda Format and Rules Policy.” Does the Policy Committee recommend
removing this Section from the “Code of Conduct Policy?”
3) A subsection regarding “Training” lists the type of training that will be provided. Should
this section be revised to state that members of legislative bodies are required to attend
training that is provided in the listed subject areas?
4) The Code of Conduct Policy currently provides that investigations will be conducted by
contract attorneys. Does the Policy Committee recommend using contract attorneys or
non-lawyer investigators or either?
5) Town Council Policy 2-11, “Commission Appointments, Residency, and Attendance
Requirements and Establishing a Quorum” currently provides that Commissioners may
be removed by a majority vote of the Town Council for violations of the Code of
Conduct. Other jurisdictions have policies providing that Commissioners may be
removed by a majority vote of the Town Council for any or no reason. Does the Policy
Committee recommend revising Policy 2-11 to provide that Commissioners may be
removed by majority vote of the Town Council for any or no reason? Alternatively, this
Policy could be modified to refer matters of discipline and removal to the Code of
Conduct Policy.
CONCLUSION:
Based on the Policy Committee’s feedback, staff will make additional proposed edits to the
Code of Conduct Policy and conforming edits to any other affected Policies and the
Commissioner Handbook and either return to the Policy Committee or schedule the revisions
for consideration by the Town Council.
COORDINATION:
The preparation of this report was coordinated with the Town Manager’s Office.
FISCAL IMPACT:
Potential modifications to Council Policies and the Commissioner Handbook have no fiscal
impact.
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SUBJECT: Proposed Changes to Council Code of Conduct Policy and Related Policies
DATE: March 22, 2023
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined in the California Environmental Quality Act, and no further
action is required.
Attachment:
1. Redline of Council Code of Conduct Policy
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ATTACHMENT 1Page 9
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Reviewed by: Town Attorney and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL POLICY COMMITTEE REPORT
MEETING DATE: 03/28/2023
ITEM NO: 3
DATE: March 23, 2023
TO: Council Policy Committee
FROM: Laurel Prevetti, Town Manager
SUBJECT: Recommend Legislative Priorities to the Town Council
RECOMMENDATION:
Recommend legislative priorities to the Town Council.
BACKGROUND:
In 2016, the Town Council adopted Council Policy #2-18: Legislative Policy (Attachment 1). This
Policy sets forth the procedures for engagement in the legislative process and the types of
issues that are appropriate for the Town to state a position.
Last year, the Policy Committee requested that staff prepare a list of potential legislative
priorities for the Committee to discuss and forward to the Town Council. Due to other
workload, this item was not completed in 2022 and carried over to the 2023 Policy Committee
work plan. These priorities are intended to be helpful to Town Council members as they
engage in discussions with State legislators and as the Town considers which bills it chooses to
endorse, oppose, or recommend amendments.
DISCUSSION:
Consistent with the Legislative Policy, the following draft legislative priorities align with
proposals that clearly impact our Town and funding resources:
Concealed Weapons: In light of the recent Supreme Court ruling, the Town should
advocate for legislation that clarifies the concealed carry weapons process and protects
sensitive places from the presence of concealed weapons. Senate Bill (SB) 2 is an
example of a such a bill. The Town is currently working to update its concealed carry
weapons ordinance and a draft sensitive places ordinance.
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SUBJECT: Recommend Legislative Priorities to the Town Council
DATE: March 23, 2023
DISCUSSION (continued):
Clarifications regarding SB 9: The Town may want to advocate for legislation that
clarifies SB lot splits and developments in Very High Fire Hazard Severity Zones,
affordability requirements, and the attestation of intent to occupy.
Reform of Proposition 47 and 57: Several bills are expected to address the unintended
consequences of these ballot measures For example, AB 1708 would increase
accountability for repeat theft offenders and offer pathways for pre-plea diversion
programming.
Protect Vehicle License Fee (VLF) and Educational Revenue Augmentation Fund (ERAF):
As the State considers how it will address expected budget shortfalls, it is critical that
the State not take funding from local government. In the past, these two funding
sources have been redirected to the State for its own budgeting purposes.
Internet Sales Tax: With the exception of our Measure G district sales tax, internet
sales tax goes into a pool and is distributed based on a jurisdiction’s share of the
overall sales tax collected in the respective County. In contrast, the Measure G district
sales tax is distributed based on the buyer’s location, yielding higher revenue for the
Town. Changes to the general distribution of sales tax would benefit Los Gatos.
CONCLUSION:
The Committee is encouraged to discuss these and other potential priorities.
COORDINATION:
The preparation of this report was coordinated with all Town Department Directors and the
Town Attorney.
FISCAL IMPACT:
There is no fiscal impact associated with recommending legislative priorities to the Town
Council.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Council Policy #2-18: Legislative Policy
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Title: Legislative Policy
Date: 10/5/16
Enabling Actions: 11evi ate:
Policy Number: 2 -18
Pages: 3
PURPOSE
The purposes of the Legislative Policy are to: identify opportunities for the Town to participate
in state, federal, and regional legislation and other policy matters, and describe a process for
Town positions, actions, and related activities.
BACKGROUND
Council Members have the opportunity to learn of legislative issues from their work on the
Council, general awareness of current topics, and their service on other Board and Committees as
representatives of the Town. The Town Manager encourages all Town Departments to monitor
and be knowledgeable of any legislative issues related to their disciplines. The Town Manager
and Town Attorney similarly stay engaged with their professions as well as monitor the activities
of the League of California Cities and other organizations. The Town benefits from a Legislative
Policy to articulate overarching legislative principles to guide the Town's engagement in the
legislative process as outlined in this Policy.
LEGISLATIVE PRINCIPLES
The Town should take a position and advocate for the position when proposed federal, state,
County, or other agency legislative or measure has a potential direct impact on the Town.
Direct impact includes and is not limited to issues of local control, revenue reductions, grant
eligibility, unfunded mandates and regulatory burdens.
POLICY GOALS
1. Advocate the Town's legislative interests at the federal, state, regional, and County levels.
2. Inform and provide information to our legislators, Town Council, and staff on the key
issues and legislation that could have potential impact on the Town.
3. Serve as an active participant with other local governments, the League of California
Cities, local profession organizations, and /or other entities on legislative /regulatory issues
that are important to the Town and our region.
4. Seek grant and funding assistance for Town projects, services, and programs to enhance
services for our community.
ATTACHMENT 1Page 23
Page: Policy Number:
Title: Legislative Policy 2 of 3 2 -18
LEGISLATIVE STRATEGIES
1. Communicate legislative positions on proposed federal, state, and County legislation,
measures, initiatives, and governmental regulations.
2. Work with Town Departments to develop positions on proposed federal and state
legislative measures based on analysis done by the League of California Cities,
communication with legislators' offices, and other local government /professional
associations in formulating our positions.
3. Take positions only on proposals that clearly impact our Town or are a threat to local
control.
4. Actively track key bills through the legislative process, utilizing various legislative
websites, government /professional associations, and other means.
5. Communicate the Town's position to our federal, state, regional, and County
members, bill author(s), Committees, and /or other governmental bodies through
correspondence, testimony, and in- person meetings.
6. Work cooperatively with other cities, associations and the League of California
Cities on advocating our legislative positions.
7. As necessary, participate in the drafting and amending of proposed federal, state,
regional, and /or County measures that have the potential to significantly impact the
Town.
8. Meet with legislators and their representatives, as well as other federal, state,
regional, and /or County government officials on a regular basis to discuss local
government issues, proposed legislation, requests for funding assistance, and Town
programs and services.
9. Seek federal, state, and County funding through earmarks, grants, and other
discretionary funding for Town projects, services, and programs.
10. Annually identify Town projects for potential submittal for federal earmark
consideration and develop a submittal packet for legislators that provides information
and need for the projects.
11. Provide information to Town Departments on potential grant funding opportunities
and recognition programs.
12. Advocate and request letters of support for Town projects and grant applications or
other resources that are being considered for federal, state, regional, and/or County
funding.
LEGISLATIVE POSITION PROCESS
The process for responding to legislative proposals is as follows:
1. Once the Town Manager and /or Town Attorney determines that a legislative proposal
may impact the Town, a letter outlining the Town's position (support, neutral or oppose)
will be drafted for the Mayor's signature.
2. The Town Manager will circulate the draft position letter to the Town Council for review.
3. If there is Council objection, the position letter will be placed on the next Town Council
agenda for consideration.
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Page: Policy Number:
Title: Legislative Policy 3 of 3 1 2 -18
4. If there is no objection, staff will finalize the position letter for the Mayor's signature and
forward the signed letter to the bill's author, the League of California Cities, and other
stakeholders as deemed appropriate.
5. A copy of the final letter will be distributed to the Town Council.
APPROVED AS TO FORM:
Robert Schultz, T w Attorney
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