03 Desk Item.Item #3 - DEIC Resolution
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/05/2024 ITEM NO: 3 DESK ITEM
DATE: March 5, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Modifying the Diversity, Equity, and Inclusion (DEI)
Commission Enabling Resolution as Recommended by the DEI Commission
and Modify the Town Council Commission Appointment Policy 2-11 for
Consistency.
REMARKS:
Attachment 6 contains public comments received before 11:00 a.m. on Tuesday, March 5,
2024.
Attachments Previously Received with the Staff Report:
1. DEIC Enabling Resolution
2. Redlined DEIC Enabling Resolution with Modifications Recommended by the DEIC
3. Clean Updated DEIC Enabling Resolution
4. Redlined Commission Appointment Policy
5. Clean Updated Commission Appointment Policy
Attachments Received with this Desk Item:
6. Public Comments
This Page Intentionally Left Blank
ATTACHMENT 6
From: Linda Swenberg
Sent: Monday, March 4, 2024 2:59 PM
To: Clerk <Clerk@losgatosca.gov>
Subject: Public Comment Item #3
[EXTERNAL SENDER]
This is a comment on an item on the agenda for tomorrow night’s Council mee�ng. (You can publish my
name and you can provide my email address to the Council members and Town staff, but I prefer that my
email address not be made publicly available.)
Honorable Council members,
Again, thank you for serving our fine town. I am a local resident and am an ac�ve volunteer in the
community. I have lived in Los Gatos for 29 years. During my �me here, I have had occasional spurts of
civic engagement and have atempted to learn how our local government works.
I am wri�ng to object to Item #3, to “Adopt a Resolu�on Modifying the Diversity, Equity, and Inclusion
(DEI) Commission Enabling Resolu�on as Recommended by the DEI Commission and Modify the Town
Council Commission Appointment Policy 2-11 for Consistency.” This appears to be simply a clarifica�on
of an excep�on that was previously approved. I objected to the original change to the town appointment
policy and I am now wri�ng to object to incorpora�ng it into the enabling resolu�on for the DEI
Commission.
Town commissioners have historically been required to be residents of the town. They serve at the
pleasure of the Council for the benefit of Town of Los Gatos residents. At the October 3, 2023 Council
mee�ng the issue of modifying the Council policy regarding commission appointments was first
proposed. At that �me this policy change was proposed as a consent item. I submited public comments
on this item prior to the mee�ng. Because comments had been submited, Councilmember Hudes pulled
the item from the consent calendar. It was then moved to the regular agenda and addi�onal public
comments were submited. In the end, a�er some delibera�on, the item was passed with a divided vote
of 3-2.
Residency is required for appointment and con�nued membership on all Town of Los Gatos boards with
the excep�on of the Youth Commission and the DEI Commission. There is a good ra�onale for the
excep�on for the Youth Commission, but not the DEI Commission. There are also residency restric�ons
placed on “non-residents” appointed to the Youth Commission. No such restric�ons are in place for the
DEI Commission. Anybody who owns (or is employed by) a Los Gatos business, is a faith leader for a
congrega�on in Los Gatos, or is an employee of a Los Gatos non-profit can serve on the DEI Commission.
The Youth Commission only allows for this excep�on because the school district boundaries include
unincorporated areas of the County of Santa Clara. The excep�on is limited to residents who have a Los
Gatos mailing address. This residency requirement excep�ons clearly benefits youth who go to schools
within the Town of Los Gatos boundaries.
The Commission Appointment Policy clearly states that its purpose is to “encourage par�cipa�on by the
Town’s residents” on Town Commissions. How does allowing NON-resident members of any commission
encourage par�cipa�on by Town’s residents? Instead, the change would encourage par�cipa�on by non-
ATTACHMENT 6
residents. This proposed change seems to be in conflict with the stated purpose of the Appointment
Policy itself.
The original enabling resolu�on reserved one of the memberships of the DEI Commission for a Los Gatos
resident business owner. (There is another seat for a business owner or employee who may or may not
be a resident.) Now it appears that this change is only being considered because there is “concern about
the difficulty of filling the remaining seat.” Are we to change commission enabling resolu�ons just
because of a vacancy? What a terrible precedent.
Before you make this change, I would want to know what efforts have been made to reach out to
resident business members in Los Gatos? Has every possible effort been made to reach out to residents
who are also business owners to fill this vacancy? What is the rush?
You have an opportunity to remove this item from the Consent items and to deliberate this policy
change once again, rather than further disenfranchising the residents of Los Gatos.
Thank you for your considera�on in this mater, Linda Swenberg