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12-03 Posted AgendasTOWN OF LOS GATOS COUNCIL MEETING AGENDA DECEMBER 03, 2024 110 EAST MAIN STREET AND TELECONFERENCE Mary Bodame, Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow, Council Member 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 Zoom Webinar (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. HOW TO PARTICIPATE The public is welcome to provide oral comments in real-time during the meeting in three ways: Zoom Webinar (Online): Join from a PC, Mac, iPad, iPhone or Android device. Please use this URL to join: https://losgatosca- gov.zoom.us/j/82232739012?pwd=1zlbRu029_33oyBb9l3AyTZQ7D2MEQ.kN8FbuOklNsmz-Jj Passcode: 793054 You can also type in 822 3273 9012 in the "Join a Meeting" page on the Zoom website at https:Hzoom.us/ and use passcode 793054. 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. Telephone: Please dial (877) 336-1839 for US Toll -free or (636) 651-0008 for US Toll. (Conference code: 1052180) If you are participating by calling in, press #2 on your telephone keypad to raise your hand. In -Person: Please complete a "speaker's card" located on the back of the chamber benches and return it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak. NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor's discretion. (2) 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). All comments received will become part of the record. (3) Deadlines to submit written comments are: 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation on agenda items only must submit the presentation electronically to Clerk@losgatosca.gov no later than 3:00 p.m. on the day of the Council meeting. Page 1 CALL MEETING 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)). PLEDGE OF ALLEGIANCE CONSENT ITEMS (Consent items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item 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 1 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when the item will be heard.) 1. Approve the November 19, 2024, Town Council Closed Session Meeting Minutes. 2. Approve the November 19, 2024, Town Council Study Session Meeting Minutes. 3. Approve the November 19, 2024, Town Council Meeting Minutes. 4. Receive an Annual Report Regarding the Independent Police Auditor Function. 5. Adopt a Resolution Declaring Certain Hazardous Vegetation Growing in the Town of Los Gatos to be a Public Nuisance, Ordering Abatement, and Setting a Public Hearing Date of January 21, 2025, to Consider Objections for the Proposed Abatement. 6. Adopt an Ordinance Amending Section 15.30.235 of the Town Code to Reduce the Speed Limit on Blossom Hill Road between Santa Cruz Avenue/Winchester Boulevard and Camino del Cerro. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Section 15.30.235, "Establishing Speed Limits on Certain Streets," of the Town Code Establishing Speed Limits. 7. Adopt an Ordinance to Amend Chapter 14 of the Town Code to Rescind the Existing Pushcart Ordinance and Replace It with a New Sidewalk Vending Ordinance in Compliance with State Law and Amend the Existing Peddler and Solicitor Ordinance to Exclude Sidewalk Vendors From its Provisions. Ordinance Title: "An Ordinance of The Town Council of The Town of Los Gatos Amending Sections 14.40.010, 'Definitions,' and 14.40.015, 'Nonapplicability,' of Article IV, 'Peddlers and Solicitors,' of Chapter 14, 'Licenses and Miscellaneous Business Regulations,' of the Town Code and Replacing Article VII, 'Pushcarts,' of Chapter 14, 'Licenses and Miscellaneous Business Regulations,' with a New Article VII, 'Sidewalk Vending.'" 8. Adopt an Ordinance to Amend Chapter 29 of the Town Code to Adjust the Permitted Size of Signs at Intersections, Clarify Regulations Applicable to Temporary Signs on Private Property, and Prohibit Temporary Signage on Public Property. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, "Zoning Regulations," Article I, "In General," Division 3, "Signs". Page 2 9. Authorize the Town Manager to Execute the Second Amendment to the Consulting Services Agreement with Nichols Consulting Engineers for an Extension of Time for the Shannon Road Repair Project (CIP No. 811-0008). 10. Approve an Amendment to the Joint Powers Agreement of the West Valley Clean Water Program Authority to Support the Authority's Proposed Name Change. 11. Authorize The Town Manager to Execute a Certificate of Acceptance and Notice of Completion for the 2024 Annual Curb, Gutter, and Sidewalk Maintenance Project (CIP No. 813-9921), Completed by Villalobos and Associates Inc., and Authorize the Town Clerk to File for Recordation. 12. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Consultant Services with Disability Access Consultants, LLC to Extend the Term of the Agreement from December 31, 2024, to June 30, 2025, for the Annual ADA Compliance Work Project (CIP No. 812-2013). 13. Authorize the Town Manager to Execute a Second Amendment to the Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Increase the Contract Amount by $100,000 in an Amount Not to Exceed $250,000 until December 31, 2025. 14. Authorize the Town Manager to Execute a Contract Amendment to the Contract for Legal Services with the Law Firm of Goldfarb & Lipman to Increase the Contract Amount in an Amount Not to Exceed $165,000. 15. Direct Staff to Exercise the Option to Purchase the Below Market Rate (BMR) Unit at 653 Blossom Hill Road and Take Necessary Steps. VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total of five minutes 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 for closing statements. Items requested/recommended for continuance are subject to Council's consent at the meeting.) 16. Introduce An Ordinance to Repeal Town Code Sections 6.120.060, 6.120.070, and 6.120.080 (All Electric Construction Requirements). Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing Section 6.120.060, "All Electric Construction Definitions," Section 6.120.070, "Residential All Electric Construction," and Section 6.120.080, "Nonresidential All Electric Construction" of the Town Code. 17. Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding State Mandated Density Bonuses, Pursuant to Implementation Program R of the 2023-2031 Housing Element. Adoption of This Ordinance is Exempt Pursuant to CECW, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65915 Page 3 and Following. Town Code Amendment Application A-24-005. Project Location: Town Wide. Applicant: Town of Los Gatos. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, "Zoning," of the Town Code to Update the Town's Density Bonus Ordinance to Reflect Changes Made in State Law. 18. Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier Navigation Centers as a By -Right Use in Mixed -Use and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65660 - 65668. Town Code Amendment Application A-24-006. Project Location: Town Wide. Applicant: Town of Los Gatos. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos to Add Division 11, "Low Barrier Navigation Centers," to Article I, "General" of Chapter 29, "Zoning Regulations," of the Town Code. 19. Introduce a Replacement Units Ordinance and Adopt a Resolution Adopting Replacement Units Guidelines, Pursuant to Implementation Program AU of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to State Law. Town Code Amendment Application A-24-007. Project Location: Town Wide. Applicant: Town of Los Gatos. Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, "Zoning," of the Town Code, to Add Division 12, "Replacement Housing Units," to Article I, "General." OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.) 20. Receive the Los Gatos -Monte Sereno Police Department Organizational Assessment Report Completed by Meliora Public Safety Consulting. COUNCIL / MANAGER MATTERS CLOSED SESSION REPORT ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.) ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk's Office at (408) 354-6834. Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR §35.102-35.104]. Page 4 TOWN OF LOS GATOS SPECIAL MEETING OF THE TOWN COUNCIL: CLOSED SESSION AGENDA DECEMBER 03, 2024 110 E MAIN STREET TOWN MANAGER'S OFFICE 5:15 PM Mary Bodame, Mayor Matthew Hudes, Vice Mayor Rob Moore, Council Member Rob Rennie, Council Member Maria Ristow, Council Member IMPORTANT NOTICE This is an in -person meeting and will be held in the Town Manager's Office at 110 E. Main Street (Town Hall, upstairs). Members of the public may provide public comments for agenda items in person by following the instructions listed below. HOW TO PARTICIPATE The public is welcome to provide oral comments in real time during the meeting. The Town Manager's Office doors (upstairs) will open at the start of the meeting, and you will be asked to make your comments. NOTES: (1) Comments will be limited to three (3) minutes or less at the Mayor's discretion. (2) If you are unable to participate in real-time, you may email Clerk@losgatosca.gov the subject line "Public Comment Item #_" (insert the item number relevant to your comment). All comments received will become part of the record. (3) Deadlines to submit written comments are: 11:00 a.m. the Monday before the Council meeting for inclusion in an addendum. 11:00 a.m. on the day of the Council meeting for inclusion in a desk item. (4) Persons wishing to make an audio/visual presentation on agenda items only must submit the presentation electronically to Clerk@losgatosca.gov no later than 3:00 p.m. on the day of the Council meeting. CALL MEETING 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)). VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on the Closed Session items. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.) Page 1 THE TOWN WILL MOVE TO CLOSED SESSION ON THE FOLLOWING ITEMS: 1. EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957(b)(1) Title: Town Attorney 2. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1) Lynley Kerr Hogan vs. Rob Moore et al Santa Clara County Superior Court Case Number: 24CV451604 3. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): 2 cases. RECONVENE IN OPEN SESSION ADJOURNMENT ADA NOTICE In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk's Office at (408) 354-6834. Notification at least two (2) business days prior to the meeting date will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR §35.102-35.104] Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk's Office at Town Hall, 110 E. Main Street, Los Gatos and on Town's website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https:Hlosgatos-ca.municodemeetings.com/. Page 2