AgendaPacket-Council Meeting-October 5, 2021 7.00 PMPage 1 of 4
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
OCTOBER 05, 2021
110 EAST MAIN STREET
TOWN COUNCIL CHAMBER
LOS GATOS, CA
Marico Sayoc, Mayor
Rob Rennie, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Marie Ristow, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
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 Mondays 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]
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TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
OCTOBER 05, 2021
7:00 PM
IMPORTANT NOTICE REGARDING THE OCTOBER 5, 2021 MEETING
This meeting is being conducted in-person and utilizing teleconferencing and electronic means
consistent with Town Council Policy 2-01 entitled Town Agenda Format and Rules. Members of
the public can participate in the meeting by attending in person in the Council Chamber at 110
E. Main Street or by joining the Zoom webinar (log in information provided below). Due to the
provisions of the Santa Clara County Health Officer to take action to minimize the spread of
COVID-19 social distancing and mask requirements will be observed for all attending in
person.
PARTICIPATION
Public comments can be made live during the Town Council meeting via Zoom or in person
from the Council Chamber. If you are not interested in providing oral comments in real-time
during the meeting, you can view the live stream of the meeting on television (Comcast
Channel 15) and/or online at www.LosGatosCA.gov/TownYouTube.
To provide oral comments in real-time during the meeting:
In person: Provide your name and the item number you would like to speak on with the
Town Clerk or Deputy Clerk.
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: click this link
https://us02web.zoom.us/j/85695270018?pwd=TGdXRmY4L3ZWWGpPcXcySG5MWDVpZ
z09. Password: 537912. You can also type in 856 9527 0018 in the “Join a Meeting” page
on the Zoom website at https://zoom.us/join.
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.
Join by telephone: Dial: 877-336-1839. Conference code: 969184
When called to speak, 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 PublicComment@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.
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TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
OCTOBER 05, 2021
7:00 PM
MEETING CALLED TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine and may be
approved by one motion. Any member of the Council or public may request to have an item
removed from the Consent Items for comment and action. A member of the public may request
to pull an item from Consent by following the Participation Instructions contained on Page 2 of
this agenda. If an item is pulled, the Mayor has the sole discretion to determine when the item
will be heard. Unless there are separate discussions and/or actions requested by Council, staff,
or a member of the public, it is requested that items under the Consent Items be acted on
simultaneously.)
1. Approve Draft Minutes of the September 20, 2021 Joint Town Council and Planning
Commission Study Session.
2. Approve Draft Minutes of the September 21, 2021 Closed Session Town Council
Meeting.
3. Approve Draft Minutes of the September 21, 2021 Town Council Meeting -
Commissioner Interviews.
4. Approve Draft Minutes of the September 21, 2021 Town Council Meeting.
5. Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal No. HSIPL-
5067-022), Completed by Coral Construction Company and Authorize the Town Clerk to
File for Recordation.
6. Authorize the Town Manager to Submit an Application to the Santa Clara Valley
Transportation Authority (VTA) in the 2016 Measure B Highway Interchanges Program
Category for the Highway 17 Corridor Congestion Relief Project.
7. Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing and Making
Findings Pursuant to Government Code Section 54953, as Amended by Assembly Bill
361, During the COVID -19 Pandemic.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council
on any matter that is not listed on the agenda consistent with the Participation Instructions
contained on Page 2 of this 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.)
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OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items consistent with the Participation Instructions contained on Page 2 of this agenda.)
8. Discuss Information on the Los Gatos-Monte Sereno Police Department’s Structure and
Current Staffing Efforts.
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: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a decision of the Town Council must be brought within 90 days after the decision is announced
unless a shorter time is required by State or Federal law.
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021
ITEM NO: 1
DRAFT
Minutes of the Special Joint Study Session of the Town Council and Planning
Commission
September 20, 2021
The Town Council of the Town of Los Gatos conducted a special meeting via Teleconference via
COVID-19 Shelter in Place Guidelines on Monday, September 20, 2021, at 4:00 p.m. to hold a
Joint Town Council and Planning Commission Study Session.
MEETING CALLED TO ORDER AT 4:01 P.M.
ROLL CALL
Council Members Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Mary
Badame, Council Member Matthew Hudes, Council Member Maria Ristow. (All participating
remotely).
Absent: None
Planning Commissioners Present: Chair Kathryn Janoff, Vice Chair Kendra Burch, Commissioner
Jeffrey Barnett, Commissioner Melanie Hanssen, Commissioner Jeffrey Suzuki and
Commissioner Emily Thomas (joined at 5:44 p.m.). (All participating remotely).
Absent: Commissioner Reza Tavana.
VERBAL COMMUNICATIONS
Dashiell Leeds
- Commented in support of including plant-based diet ideas in the General Plan.
OTHER BUSINESS
1. Joint Town Council and Planning Commission Study Session regarding the Draft 2040
General Plan.
Jennifer Armer, Interim Planning Manager, presented the staff report.
Opened Public Comment.
Lisa Wade, Plant-Based Advocates
- Commented in support of including a plant-based education program in the General Plan.
Lee Quintana
- Commented that the General Plan is not specific enough and inquired if the Housing
Element, General Plan, and Objective Standards work could move forward together to form
a more cohesive document.
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SUBJECT: Draft Minutes of the Joint Town Council and Planning Commission Study Session
of September 20, 2021
DATE: September 21, 2021
Other Business Item #1 – continued
Felix Sterling (FL)
- Requested the Town reject the Regional Housing Needs Allocation (RHNA) number due to
safety and Town character concerns; inquired if the General Plan could have a time horizon
of 4 to 8 years.
Rob Moore
- Commented the General Plan can be used as a tool to bring the community together and
help overcome systemic barriers.
Deborah Parsons, Plant-Based Advocates
- Commented in support of including a plant-based education program in the General Plan.
LVM Parent
- Requested the Town reject the State assigned RHNA number due to fire safety and traffic
concerns.
DMAC (Barbara)
- Requested additional community outreach regarding the General Plan Update and the
Town reject the State assigned RHNA number due to fire safety and traffic concerns.
Jack Van Nada, Los Gatos Community Alliance
- Commented his written public comment that was submitted prior to 11 a.m. to staff was
not published in the agenda packet.
Susan Burnett
- Requested the Historic Preservation Element guidelines be amended to address any primary
structure constructed pre-1961.
Lani Harr
- Requested the Town reject the State assigned RHNA number due to fire safety and traffic
concerns.
Ying
- Commented on her experience of feeling welcome in Town; requested additional
community outreach regarding the General Plan Update; and inquired why the Town
proposed to increase the housing units beyond the State requirement.
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SUBJECT: Draft Minutes of the Joint Town Council and Planning Commission Study Session
of September 20, 2021
DATE: September 21, 2021
Other Business Item #1 – continued
Lee Fagot
- Requested additional community outreach regarding the General Plan Update; commented
that the Town decrease the proposed number of housing units and amend the Draft
General Plan to allow iterations of the Housing Element be part of an 8-year review within
the 20-year plan.
Yanyi He
- Requested additional community outreach regarding the General Plan Update and the
Town reject the State assigned RHNA number due to fire safety and traffic concerns.
Vivian Tan
- Commented that increasing housing units will lower demand and the increase in housing
will not attract younger generations.
Ellen Lee
- Commented on concerns regarding increasing housing.
Janice Carter
- Requested additional community outreach regarding the General Plan Update and the
Town reject the State assigned RHNA number.
Roy Moses
- Requested additional community outreach regarding the General Plan Update and
commented on concerns regarding increasing housing.
Debbie
- Requested the Council address potential traffic increases and infrastructure concerns.
James Lyon
- Commented that 20 years for the General Plan is too long and that traffic, parking, safety
issues, land use, and housing are not adequately addressed.
Suzanne Daley
- Commented that increasing housing will change the character of the Town.
Rachel Black
- Requested additional community outreach regarding the General Plan Update and
commented on concerns regarding increasing housing.
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SUBJECT: Draft Minutes of the Joint Town Council and Planning Commission Study Session
of September 20, 2021
DATE: September 21, 2021
Other Business Item #1 – continued
Closed Public Comment.
Town Council and the Planning Commission discussed the information.
ADJOURNMENT
The meeting adjourned at 7:13 p.m.
Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021
ITEM: 2
DRAFT
Minutes of the Town Council Special Meeting - Closed Session
September 21, 2021
The Town Council of the Town of Los Gatos conducted a Special Meeting via Teleconference via
COVID-19 Shelter in Place Guidelines on Tuesday, September 21, 2021, at 4:00 p.m. to hold a
Closed Session.
MEETING CALLED TO ORDER AT 4:05 P.M.
ROLL CALL
Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Mary Badame, Council
Member Matthew Hudes, Council Member Maria Ristow. (All participating remotely).
Absent: None
VERBAL COMMUNICATIONS
No one spoke.
THE TOWN WILL MOVE TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATOR (Government Code §54957.6)
To meet with Town Negotiators listed below in closed session pursuant to Government
Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators:
Donna Williams, Liebert Cassidy Whitmore
Arn Andrews, Assistant Town Manager
Lisa Velasco, Human Resources Director
Employee Organizations:
Town Employees Association (TEA)
Police Officers’ Association (POA)
Council discussed the matter.
ADJOURNMENT
Closed Session adjourned at 5:13 p.m.
Attest: Submitted by:
___________________________ ___________________________
Jenna De Long, Deputy Clerk Laurel Prevetti, Town Manager
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021
ITEM NO: 3
DRAFT
Minutes of the Town Council Special Meeting – Commissioner Interviews
September 21, 2020
The Town Council of the Town of Los Gatos conducted a Special Meeting via Teleconference via
COVID-19 Shelter in Place Guidelines on Tuesday, September 21, 2021 at 5:15 p.m. to conduct
Housing Element Advisory Board interviews.
SPECIAL MEETING CALLED TO ORDER AT 5:15 P.M.
ROLL CALL
Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Mary Badame, Council
Member Matthew Hudes, Council Member Maria Ristow. (All participating remotely).
Absent: None
VERBAL COMMUNICATIONS
None.
BOARD/COMMISSION/COMMITTEE INTERVIEWS
Council interviewed applicants for the vacant positions on the Housing Element Advisory Board.
Housing Element Advisory Board (4 vacancies, 11 applicants)
o Susan Burnett
o Randi Chen
o David Goldberg
o Scott Haylock
o Adam Mayer
o Alice Miano
o Rob Moore
o Heidi Owens - did not interview, withdrew application
o Ryan Rosenberg
o Debbie Sy
o John Whitney
SPECIAL MEETING ADJOURNED
Meeting adjourned at 6:35 p.m.
Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk
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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021
ITEM: 4
DRAFT
Minutes of the Town Council Meeting
September 21, 2021
The Town Council of the Town of Los Gatos conducted a regular meeting in person and
provided the public an opportunity to participate either in public or via Teleconference on
Tuesday, September 21, 2021, at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Mary Badame, Council
Member Matthew Hudes, Council Member Maria Ristow.
Absent: None
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in closed session as duly noted on the
agenda and that there is no reportable action.
APPOINTMENTS
Housing Element Advisory Board (each Council Member could vote for up to
four applicants)
o Randi Chen was appointed
o Adam Mayer was appointed
o Rob Moore was appointed
o Ryan Rosenberg was appointed
APPLICANT BADAME HUDES RENNIE RISTOW SAYOC TOTAL
Susan Burnett 1 1 2
Randi Chen 1 1 1 3
David Goldberg 1 1 2
Scott Haylock 0
Adam Mayer 1 1 1 1 4
Alice Miano 1 1
Rob Moore 1 1 1 3
Ryan Rosenberg 1 1 1 1 1 5
Debbie Sy 0
John Whitney 0
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SUBJECT: DRAFT Minutes of the Town Council Meeting of September 21, 2021
DATE: September 21, 2021
COUNCIL/TOWN MANAGER REPORTS
Council Matters
- Vice Mayor Rennie stated he attended the Silicon Valley Clean Energy Authority (SCVEA)
Board meeting; Valley Transportation Authority (VTA) Policy Advisory Committee, Board
meeting, and workshop; Santa Clara County Cities Association Selection Committee
meeting; Los Gatos 9/11 Memorial Ceremony; Finance Commission meeting; Service
Providers meeting; Bay Area Air Quality Management District (BAAQMD) Board and
Technical Advisory Committee meetings; West Valley Cities Press Conference on wildfire
funds; and Fire Safe Council meeting.
- Council Member Hudes stated he met with Amy Davis, NUMU director; attended the Santa
Clara County Cities Association Selection Committee meeting; Los Gatos 9/11 Memorial
Ceremony; Finance Commission meeting; West Valley Cities Press Conference on wildfire
funds; Joint Study Session of the Planning Commission and Town Council.
- Council Member Badame stated she attended the Finance Commission meeting as an
observer and has met with community members regarding the 2040 Draft General Plan
Update.
- Council Member Ristow stated she attended the West Valley Sanitation District (WVSD)
Board meeting; Finance Commission meeting as an observer; Complete Streets and
Transportation Commission (CSTC) meeting as an observer; Joint Study Session of the Town
Council and Planning Commission; Los Gatos 9/11 Memorial Ceremony; met with
community members regarding the 2040 Draft General Plan Update; and met with
Harmony Park representative on the North 40 Phase II.
- Mayor Sayoc stated in addition to the meetings stated she attended the Santa Clara County
Cities Association and will attend the League of California Cities Annual Conference.
Manager Matters
- Announced Screen on the Green will be held on September 24 and October 1, 2021.
- Announced Board, Commission, and Committee adult Commissioner recruitment will begin
September 27.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve Draft Minutes of the September 7, 2021 Town Council Meeting.
2. Adopt a Resolution Approving the Parcel Map for 30 Roberts Road and Accepting
Dedications. RESOLUTION 2021-039
3. Authorize the Town Manager to Execute a First Amendment to the Purchase and Service
Agreement with Air Systems Incorporated for HVAC Preventative Maintenance and Repair
Services in an Amount of $2,753.52 for a Total Agreement Not to Exceed $382,048.52.
4. Authorize the Town Manager to Execute an Agreement for Services with Harry L. Murphy
Incorporated for Flooring Replacement at the Adult Recreation Center in an Amount Not to
Exceed $135,905 Including a Ten Percent Contingency.
5. Approve Revisions to the Town’s Operating Portfolio Investment Policy as Recommended by
the Finance Commission.
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SUBJECT: DRAFT Minutes of the Town Council Meeting of September 21, 2021
DATE: September 21, 2021
Consent Items – continued
6. Approve Revisions to the Town’s General Fund Reserve Policy to Document the Market
Fluctuation Reserve as Recommended by the Finance Commission.
7. Authorize the Town Manager to Execute a One-Year Agreement with Los Gatos-Saratoga
Union High School District and Los Gatos Union Elementary School District for School
Resource Officer Services for the Period Starting July 1, 2021 through June 30, 2022 to
Include:
a. Application of existing Fiscal Service Credits to Los Gatos-Saratoga High School District
and Los Gatos Union School District, and
b. Implementation of a Revised Monthly Payments and Scope of Services within this
Agreement Beginning in December 2021 for Los Gatos-Saratoga High School District and
March 2022 for Los Gatos Union School District, and
c. Authorize a Revenue Budget Decrease in the Amount of $25,911.12 to Match the
Proposed Agreement Amount.
Council Member Hudes pulled item #4.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Ristow to approve Consent Items 1 through 7, exclusive
of item 4. Seconded by Vice Mayor Rennie.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Rob Moore
- Commented regarding observations of the previous Town Council meeting and requested
everyone be tolerant of differing viewpoints.
Eden Berg
- Commented in opposition of communism, Mayor Sayoc, and Vice Mayor Rennie.
Cyndi Sheehan
- Commented in opposition of the Town Council.
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SUBJECT: DRAFT Minutes of the Town Council Meeting of September 21, 2021
DATE: September 21, 2021
Verbal Communications – continued
Joanne Rodgers
- Commented on her experience of witnessing a crime, requested the Police Department be
supported, and commented on concerns of safety.
Anne Marie de Cesare
- Commented in support of justice, equity, diversity, and inclusion (JEDI) and the Town’s
efforts in this regard.
Joseph Ols
- Commented in opposition of racism.
Mr. C
- Commented in opposition of the Santa Clara County Health Orders and the Town Council.
Los Gatos
- Thanked the Council for their work.
OTHER BUSINESS
8. Approve the Modifications to the Board, Commission, and Committee Enabling Documents
and Applications as Recommended by the Commissions, Council Policy Committee, and
Liaisons.
Shelley Neis, Town Clerk, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
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SUBJECT: DRAFT Minutes of the Town Council Meeting of September 21, 2021
DATE: September 21, 2021
Other Business Item #8 – continued
MOTION: Motion by Council Member Hudes to approve the modifications to the Board,
Commission, and Committee enabling documents and applications as recommended
by the Commissions, Council Policy Committee, and liaisons with an amendment to
the Planning Commission application to include changes to page 5, inserting “it is
expected that Planning Commissioners will serve on at least one additional
committee, will you have the time?” as the second sentence in that paragraph; and
move interviews to the special meeting on the second Tuesday in December.
Seconded by Council Member Badame.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Hudes to approve staff’s recommendation that there be
one application for all Boards, Commissions, and Committees. Seconded by Council
Member Badame.
VOTE: Motion passed unanimously.
9. Consider a Flag Policy Update during the Next Strategic Priorities Discussion.
Laurel Prevetti, Town Manager, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Badame to consider a Flag Policy update during the
next Strategic Priorities discussion. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
Pulled Consent Item #4
4. Authorize the Town Manager to Execute an Agreement for Services with Harry L. Murphy
Incorporated for Flooring Replacement at the Adult Recreation Center in an Amount Not to
Exceed $135,905 Including a Ten Percent Contingency.
Matt Morley, Parks and Public Works Director, presented the staff report.
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PAGE 6 OF 6
SUBJECT: DRAFT Minutes of the Town Council Meeting of September 21, 2021
DATE: September 21, 2021
Pulled Item #4 – continued
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to authorize the Town Manager to execute an
agreement for services with Harry L. Murphy Incorporated for flooring replacement
at the Adult Recreation Center in an amount not to exceed $135,905 including a ten
percent contingency. Seconded by Council Member Ristow.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 8:01 p.m.
Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk
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PREPARED BY: WooJae Kim
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director and Director of
Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021
ITEM NO: 5
DATE: September 15, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and
Notice of Completion for the Guardrail Replacement Project (CIP No. 812-
0120, Federal No. HSIPL-5067-022), Completed by Coral Construction
Company and Authorize the Town Clerk to File for Recordation
RECOMMENDATION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion
for the Guardrail Replacement Project (CIP No. 812-0120, Federal No. HSIPL-5067-022)
completed by Coral Construction Company and authorize the Town Clerk to file for recordation.
BACKGROUND:
The adopted Fiscal Year (FY) 2021/22-2025/26 Capital Improvement Program (CIP) Budget
designates funding for the Guardrail Replacement Project (CIP No. 812-0120). The project is
largely funded through a $980,100 Highway Safety Improvement Program (HSIP) grant secured
from the Federal Highway Administration (FHWA).
On February 16, 2021, the Town Council approved the plans and specifications for the Guardrail
Replacement Project; and authorized the Town Manager to advertise the project for public bid
and award a construction contract to the lowest responsible bidder not to exceed $800,000,
including construction contingencies for future change orders.
The project was advertised on February 19, 2021, and the Town received three bids for the
project on March 18, 2021. All bids received were lower than the Engineer’s estimate and
below the construction award amount of $800,000 approved by Council. The bid from Coral
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SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal
No. HSIPL-5067-022), Completed by Coral Construction Company and Authorize
the Town Clerk to File for Recordation
DATE: September 15, 2021
BACKGROUND (continued):
Construction Company was deemed the lowest responsible, and staff executed a construction
agreement for $458,241.
On June 1, 2021, Council authorized the increase of the project contingency amount to
$308,000 for future change orders as recommended by staff to take full advantage of low bid
pricing and to make full use of the federal grant funding.
DISCUSSION:
The project replaced approximately a half-mile of Town guardrails located on
Blossom Hill Road, Cleland Avenue, Los Gatos Boulevard, Miles Avenue, More Avenue,
Reservoir Road, and three segments on Santa Rosa Drive. Additional guardrail work was
completed on Cypress Way, College Avenue, and Stonybrook Road through the change order
process within the contingency amount approved by Council.
Coral Construction Company has satisfactorily completed all work for the project for a final
contract amount of $646,541.55, and staff recommends acceptance of the Project.
Five percent of the faithful performance bonds will remain in effect for a period of two years as
a guarantee for any needed repair or replacement caused by defective materials and/or
workmanship for the project. The execution and recordation of the Certificate of Acceptance is
now required to finalize the Town's acceptance of the Project.
CONCLUSION:
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion
for the Guardrail Replacement Project (CIP No. 812-0120, Federal No. HSIPL-5067-022)
completed by Coral Construction Company and authorize the Town Clerk to file the document
with the County for recordation.
FISCAL IMPACT:
Staff costs are tracked for all projects. Tracking of staff costs allows for accountability in the
costs of the project, recovery of costs for grant funded projects, and identification of future
staffing needs. This project utilized both full-time and part-time temporary staff.
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SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal
No. HSIPL-5067-022), Completed by Coral Construction Company and Authorize
the Town Clerk to File for Recordation
DATE: September 15, 2021
FISCAL IMPACT (continued):
The fiscal table below reflects the updated project budget and the costs accrued to date for the
construction completion of the Guardrail Replacement Project. There may be additional
miscellaneous charges for staff to seek all eligible grant reimbursements from FHWA and
Caltrans to close out the project.
Guardrail Replacement Project
CIP No. 812-0120
Budget Costs
GFAR $ 42,809
HSIP Grant $ 980,100
Total Project Budget $ 1,022,909
Engineering Consultant $ 117,920
Staff Cost (FY2019/20 to Current) $ 105,382
Coral Construction Company $ 646,542
Labor Compliance Consultant (GCAP Services) $ 3,264
Advertising $ 2,680
Blueprint/Copy/Postage $ 293
Santa Clara County Clerk $ 50
Total Project Costs $ 876,131
Available Balance $ 146,778
ENVIRONMENTAL ASSESSMENT:
This is a project defined under CEQA as being categorically exempt [Section 15301(c) Existing
streets, sidewalks, trails and similar facilities]. A Notice of Exemption has been filed. Under the
National Environmental Policy Act (NEPA), the project is determined to be categorically
excluded from detailed environmental analysis.
For the additional work proposed, CEQA Categorical Exception/NEPA Categorical Exclusion
document has been approved and recertified by Caltrans.
Page 19
PAGE 4 OF 4
SUBJECT: Authorize the Town Manager to Execute a Certificate of Acceptance and Notice of
Completion for the Guardrail Replacement Project (CIP No. 812-0120, Federal
No. HSIPL-5067-022), Completed by Coral Construction Company and Authorize
the Town Clerk to File for Recordation
DATE: September 15, 2021
Attachment:
1. Certificate of Acceptance and Notice of Completion
Page 20
ATTACHMENT 1
Recording Requested by:
TOWN OF LOS GATOS
WHEN RECORDED MAIL TO:
TOWN CLERK
TOWN OF LOS GATOS
110 E MAIN ST
LOS GATOS, CA 95030
______________________________________________________________________________
(SPACE ABOVE BAR FOR RECORDER’S USE)
(RECORD WITHOUT FEE UNDER GOVERNMENT CODE SECTIONS 27383 AND 6103)
TYPE OF RECORDING
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION
CIP NO. 812-0120 Guardrail Replacement Project
TO WHOM IT MAY CONCERN:
I do hereby certify that Coral Construction Company completed the work called for in the
agreement with the Town of Los Gatos dated April 7, 2021. The work is outlined in the Town’s
bid process prepared by the Town of Los Gatos and generally consisted of furnishing all labor,
materials, tools, equipment, and services required for completion of the CIP No. 812-0120
located in the TOWN OF LOS GATOS, County of Santa Clara, State of California and was
completed, approved and accepted October 5, 2021.
Bond No.: 30111855
Date: April 19, 2021
TOWN OF LOS GATOS
By: __________________________________
Laurel Prevetti, Town Manager
Acknowledgement Required
Page 21
AFFIDAVIT
To Accompany Certificate of Acceptance and Notice of Completion
CIP NO. 812-0120 Guardrail Replacement Project
I, LAUREL PREVETTI, the Town Manager of the Town of Los Gatos, have read the foregoing
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION and know the contents thereof. The
same is true of my own knowledge, except as to the matters which are therein alleged on
information or belief, and as to those matters I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration
was executed on _____________________, 2021 at Los Gatos, California.
__________________________________________
LAUREL PREVETTI, TOWN MANAGER
Town of Los Gatos
RECOMMENDED BY:
Date: ____________________________
Matt Morley
Director of Parks and Public Works
APPROVED AS TO FORM:
Date: ____________________________
Robert Schultz, Town Attorney
Notary Jurat Required
Page 22
PREPARED BY: Ying Smith
Transportation and Mobility Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Parks and Public Works
Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021
ITEM NO: 6
DATE: September 30, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Submit an Application to the Santa Clara
Valley Transportation Authority (VTA) in the 2016 Measure B Highway
Interchanges Program Category for the Highway 17 Corridor Congestion
Relief Project
RECOMMENDATION:
Staff recommends that the Town Council authorize the Town Manager to submit an application
to the Santa Clara Valley Transportation Authority (VTA) in the 2016 Measure B Highway
Interchanges program category for the Highway 17 Corridor Congestion Relief project.
BACKGROUND:
On November 8, 2016 voters in Santa Clara County passed Measure B, a sales tax initiative that
will provide an estimated $6.314 billion in revenue committed to transportation improvements.
Measure B identified the need within nine program areas, including the Highway Interchanges
program category. This program category has a funding allocation of approximately $750
million over the 30-year period and includes a series of improvements focused on Highways,
including interchange improvements, overcrossings, and congestion relief. The following
verbiage was included in the 2016 Measure B ballot language:
Highway 17 Corridor Congestion Relief: Upgrade Highway 17/9 interchange to improve
pedestrian and bicycle safety, mobility, and roadway operations; deploy advanced
transportation technology to reduce freeway cut thru traffic in Los Gatos, including
traffic signal control system upgrades in Los Gatos, Traveler Information System,
advanced ramp metering systems; support Multi-Modal Congestion Relief Solutions,
including enhanced Highway 17 Express Bus service, implementing local bus system
improvements that reduce auto trips to schools, work, and commercial areas in Los
Gatos; and develop park and ride lots to serve as transit hubs for express bus, shuttles,
local bus system connections.
Page 23
PAGE 2 OF 4
SUBJECT: Highway 17 Corridor Congestion Relief Project Measure B Grant Application
DATE: September 30, 2021
BACKGROUND (continued):
The Highway 17 Corridor Congestion Relief project was included in the VTA Fiscal Year (FY)
20/21 Biennial Budget for $5.4 million in Measure B funding. The Town’s adopted FY 2021/22
Capital Improvement Program (CIP) includes $600,000 from the Town’s General Fund
Appropriated Reserve (GFAR) as a non-Measure B match.
DISCUSSION:
VTA, as the project lead, has begun the design phase in cooperation with the Town and
Caltrans. Caltrans is a stakeholder and has permitting authority. To date, the project
development team has completed the Project Study Report-Project Development Support (PSR-
PDS) and submitted it to Caltrans for approval. Additional project information is included in
Attachment 1, Project Fact Sheet. The project schedule below shows an optimistic timeline if
funds are available for the future phases.
Project Schedule
Project Initiation: April 2020 to August 2021 - completed
Project Approval / Environmental Document: August 2021 to October 2023 – in progress
Final Design: April 2023 to January 2025 – pending funding
Construction: May 2025 to September 2027 – pending funding
This project is funded through the Project Alternatives/Environmental Document (PA/ED) Phase
for a total of $6 million. The total project estimate is approximately $111 million, including all
future project phases. The Project Funding Table shows the estimate cost by project phase and
the proposed funding sources. Approximately $105 million will be needed to fund the project
through the completion of construction.
Project Funding Table
Measure B Non-MB Total
Planning/Project Initiation Document (PID): $990,000 $0 $990,000
Preliminary Engineering NA NA NA
PA&ED/Environmental Clearance: $4,410,000 $600,000 $5,010,000
Funded $6,000,000
Design: $7,803,000 $867,000 $8,670,000
Right-of-Way: $675,000 $75,000 $750,000
Construction: $85,860,000 $9,540,000 $95,400,000
Total $99,738,000 $11,082,000 $110,820,000
Non-MB% 10.00%
Unfunded $94,338,000 $10,482,000 $104,820,000
Page 24
PAGE 3 OF 4
SUBJECT: Highway 17 Corridor Congestion Relief Project Measure B Grant Application
DATE: September 30, 2021
DISCUSSION (continued):
At the August 5, 2021 meeting, the VTA Board approved the 2016 Measure B Highway
Interchange Program Category Prioritization and Project Selection Process to develop a ranked
priority list of Highway Interchange projects. A Call-for-Projects for the 2016 Measure B
Highway Interchanges Competitive Grant Program was released on August 16.
Through past actions, the VTA Board has already allocated $206.90 million in the Highway
Interchange funding to 22 projects, including $5.4 million to the Highway 17 Corridor
Congestion Relief project. As a part of the August 5 action, a total of seven projects were
“grandfathered” through construction without being subject to the prioritization process.
Using current estimates, approximately $109 million will be needed to complete these seven
projects. The remaining 11 projects, including the Highway 17 Corridor Congestion Relief
project, are subject to the prioritization process and will need to compete for the remaining
$434 million in available Measure B funding. However, the need to complete these projects is
estimated to be over $800 million.
CONCLUSION:
The Measure B Highway Interchanges Competitive Grant Program is an appropriate program for
the Town to seek additional funding for the final design and construction phases. It is very
possible that there will be enough demand from the project sponsors that all the remaining
funds will be allocated in this round of Call-for-Projects. Therefore, it is crucial for the Town to
apply at this time and request the maximum amount to fund the project entirely.
The Measure B applications are due on October 12, 2021, with award recommendations
anticipated in December. The VTA’s project development team has provided relevant
information and support for this grant application. Staff is requesting the Town Council’s
authorization to submit an application for an amount of $99,738,000. The program has a
minimum of 10% match, or $10,482,000 from non-Measure B sources which the Town will
ultimately need to identify.
COORDINATION:
This report was coordinated with VTA staff.
FISCAL IMPACT:
The Measure B grant application is requesting $99,738,000 for the future phases, including final
design and construction. If the Town’s application is awarded, the project could be developed
further to the final design and construction phases, depending on the Measure B grant amount
Page 25
PAGE 4 OF 4
SUBJECT: Highway 17 Corridor Congestion Relief Project Measure B Grant Application
DATE: September 30, 2021
FISCAL IMPACT (continued):
awarded. The project will continue to be managed by VTA; therefore, the Town will not receive
the Measure B funds directly. The program has a minimum 10% match from non-Measure B
sources, estimated at $10,482,000. The Town has yet to include additional local funds in the
budget toward the match. In addition to the potential for local funds, staff will pursue other
grant funding opportunities, including the programs in Senate Bill 1 and other regional, State,
and federal grant programs. If the Town is successful in securing additional Measure B funding,
the project will be more competitive in other grant programs.
ENVIRONMENTAL ASSESSMENT:
Submitting a grant application is not a project defined under CEQA, and no further action is
required.
Attachment:
1. State Route 17 Corridor Congestion Relief Project Factsheet
Page 26
SR 17 Congestion Relief 5/1/20
Continued
FACT SHEET:Highways
SR 17 Corridor Congestion Relief Project
Overview
The Santa Clara Valley Transportation Authority (VTA), in cooperation with the Town of Los Gatos and the
California Department of Transportation (Caltrans), proposes to construct improvements on State Route (SR)
17 and upgrade the SR 17/SR 9 interchange in the Town of Los Gatos.
Objectives
The purpose of this project is to:
•Relieve congestion and improve traffic operations on the freeways and local roadways;
•Reduce cut through traffic in the Town of Los Gatos;
•Improve bicycle and pedestrian facilities and connectivity; and
•Support interfacing with multi-modal congestion relief solutions.
Project Features
The proposed improvements may include, but are not limited to, the following:
•Modify on- and off-ramps at the SR 17/SR 9 interchange.
•Modify SR 17 mainline lanes and shoulder to eliminate lane-drops and bottlenecks from Lark Avenue to SR
17/SR 9 interchange.
•Implement and/or interface with advanced transportation technology solutions such as advanced traffic
signal control systems being implemented by the Town, advanced traveler information systems, advanced
ramp metering systems and web-based applications.
•Implement complete streets consistent features to improve bicyclist and pedestrian travel.
Capital Cost/Project Funding
The project cost is estimated to be between $40 million and $50 million, contingent on the final determination
of improvements. The project is to be funded by a combination of VTA 2016 Measure B, local funds and other
funds as available.
Project Schedule (pending funding)
Alternatives Analysis and Preliminary Engineering 2020
Environmental Approval:2021 - 2022
Design Completion*:2022 - 2023
Project Construction:2024 - 2026
*Full funding for these phases of the project has not yet been finalized.
Project Funding Partners
ATTACHMENT 1
Page 27
SR 17 Congestion Relief 5/1/20
Los Gatos
SanJose
17
17
17
85
85
9
Daves Ave Winchester BlvdUniversity AveBlossom Hill Rd
Shannon
R
d
Kenned
y
R
dLos Gatos BlvdMain StN Santa Cruz AveLar
k
A
v
e
L o s G a t o s A l maden RoadNational AveSamaritan Dr
Wedgewood Ave
Knowles Dr
Woodard Rd
PROJECT LOCATION
SR 17 Corridor Congestion Relief Project
How to Reach Us
For more information on this project, please call VTA’s Community Outreach at (408) 321-7575,
(TTY) 408-321-2330. You may also visit us on the web at www.vta.org, or e-mail us at community.
outreach@vta.org
Project Location Map
Page 28
Reviewed by: Town Manager and Assistant Town Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021
ITEM NO: 7
DATE: September 30, 2021
TO: Mayor and Town Council
FROM: Robert Schultz, Town Attorney
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing
and Making Findings Pursuant to Government Code Section 54953, as
Amended by Assembly Bill 361, During the COVID -19 Pandemic
RECOMMENDATION:
Adopt a Resolution making findings pursuant to Government Code Section 54953, as amended
by Assembly Bill 361, and authorizing the continued use of virtual meetings.
BACKGROUND:
On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allowed for
relaxed provisions of the Ralph M. Brown Act (Brown Act) that allowed legislative bodies to
conduct meetings through teleconferencing without having to meet the strict compliance of the
Brown Act. All provisions of Executive Order N-29-20 concerning the conduct of public
meetings expired on September 30, 2021.
DISCUSSION:
AB 361 was signed into law by the Governor on September 16, 2021, and went into effect
immediately upon signing. It amends the Brown Act to allow local legislative bodies to continue
using teleconferencing and virtual meeting technology after the September 30, 2021, expiration
of the current Brown Act exemptions as long as there is a "proclaimed state of emergency" by
the Governor. This allowance also depends on State or local officials imposing or
recommending measures that promote social distancing or a legislative body finding that
meeting in person would present an imminent safety risk to attendees.
Page 29
PAGE 2 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing
DATE: September 30 2021
DISCUSSION (Cont) :
Though adopted in the context of the pandemic, AB 361 will allow for virtual meetings during
other proclaimed emergencies, such as earthquakes or wildfires, where physical attendance
may present a risk.
AB 361 requires the following:
Public agencies to make findings by majority vote within 30 days of the first
teleconferenced meeting under AB 361 and every 30 days thereafter that a state of
emergency still exists and continues to directly impact the ability of the members to
meet safely in person, or that officials continue to impose or recommend measures to
promote social distancing;
A public comment period where the public can address the legislative body directly;
Prohibits councils and boards from limiting public comments to only comments
submitted in advance and specifies that the legislative body "must provide an
opportunity for the public to ... offer comment in real time." (Government Code
54953(e)(2)(E);
The legislative body must allow a reasonable time for public comment during the
comment periods;
The agenda must include information on the manner in which the public may access the
meeting and provide comments remotely;
If technical problems arise that result in the public's access being disrupted, the
legislative body may not take any vote or other official action until the technical
disruption is corrected and public access is restored; and
AB 361 will sunset on January 1, 2024.
CONCLUSION:
Adopt a Resolution making findings pursuant to Government Code Section 54953, as amended
by Assembly Bill 361, and authorizing the continued use of virtual meetings. If adopted, virtual
meetings may continue for all Town Boards, Commissions, and Committees.
COORDINATION:
This report was coordinated with the Town Manager’s Office.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
Page 30
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing
DATE: September 30 2021
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution
Page 31
1 of 4
Resolution October 5, 2021
RESOLUTION 2021-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
REGARDING BROWN ACT COMPLIANCE AND TELECONFERENCING PURSUANT TO
GOVERNMENT CODE SECTION 54953, AS AMENDED BY ASSEMBLY BILL 361, DURING THE
COVID-19 PANDEMIC
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state
of emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
broader spread of COVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 an
International Pandemic; and
WHEREAS, on March 12, 2020, the Town Manager of Los Gatos acting in the capacity
of Town of Director of Emergency Services, issued a Proclamation of Local Emergency; and
WHEREAS, on March 13, 2020, the President of the United States of America declared
a national emergency and announced that the federal government would make emergency
funding available to assist state and local governments in preventing the spread of and
addressing the effects of COVID-19; and
WHEREAS, on March 16, 2020, the Santa Clara County Department of Public Health
directed all individuals in the County to Shelter in Place and mandated requirements,
including but not limited to, social distancing, staying home if sick, canceling or postponing
group events, working from home, and other precautions to protect public health and
prevent transmission of this communicable virus; and
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29-20,
which suspended and modified the teleconferencing requirements under the Brown Act
(California Government Code Section 54950 et seq.) so that local legislative bodies can hold
public meetings via teleconference (with audio or video communications, without a physical
meeting location), as long as the meeting agenda identifies the teleconferencing procedures
to be used; and
WHEREAS, on March 17, 2020, the Town Council of the Town of Los Gatos ratified the
Proclamation of Local Emergency as set forth in Resolution 2020-008 and remains in full force
and effect to date; and
WHEREAS, on June 4, 2021, the Governor clarified that the “reopening” of California on
June 15, 2021 did not include any change to the proclaimed state of emergency or the powers
exercised thereunder; and
ATTACHMENT 1
Page 32
2 of 4
Resolution October 5, 2021
WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which
extended the provision of N-29-20 concerning the conduct of public meetings through
September 30, 2021, and the Governor subsequently signed legislation revising Brown Act
requirements for teleconferenced public meetings (Assembly Bill 361, referred to hereinafter
as “AB 361”); and
WHEREAS, on September 16, 2021 Governor Newsom signed AB 361, which added
subsection (e) to Government Code section 54953 of the Brown Act, and makes provision for
remote teleconferencing participation in meetings by members of a legislative body, without
compliance with the requirements of Government Code section 54953(b)(3), subject to the
existence of certain conditions; and
WHEREAS, the Centers for Disease Control (CDC) recommends physical distancing of at
least six (6) feet whenever possible, avoiding crowds, and avoiding spaces that do not offer
fresh air from the outdoors, particularly for people who are not fully vaccinated or who are
at higher risk of getting very sick from COVID-19; and
WHEREAS, the CDC recommends that people who live with unvaccinated people avoid
activities that make physical distancing difficult; and
WHEREAS, the CDC recommends that older adults limit in-person interactions as much
as possible, particularly when indoors; and
WHEREAS, fully vaccinated persons who become infected with the COVID19 Delta
variant can spread the virus to others; and
WHEREAS, the Town’s public-meeting facilities are indoor facilities that are not
designed to ensure circulation of fresh/outdoor air, particularly during periods of cold and/or
rainy weather; and
WHEREAS, the Town’s public-meeting facilities are not designed to ensure that
attendees can remain six (6) feet apart; and
WHEREAS, holding in-person meetings would encourage community members from
different households to come to Town facilities to participate in local government, and some
of them would be at high risk of getting very sick from COVID-19 and/or would live with
someone who is at high risk; and
WHEREAS, in-person meetings may bring community members who are experiencing
COVID-19 symptoms to leave their homes in order to come to Town facilities and participate
in local government; and
WHEREAS, some attendees would use ride-share services or public transit to travel to
in-person meetings, thereby putting them in close and prolonged contact with additional
Page 33
3 of 4
Resolution October 5, 2021
people outside of their households; and
WHEREAS, a required condition of AB 361 is that a state of emergency is declared by
the Governor pursuant to Government Code section 8625, proclaiming the existence of
conditions of disaster or of extreme peril to the safety of persons and property within the
State caused by conditions as described in Government Code section 8558; and
WHEREAS, as of the date of this Resolution, neither the Governor nor the Legislature
have exercised their respective powers pursuant to California Government Code section 8629
To lift the state of emergency either by proclamation or by concurrent resolution in the state
Legislature; and
WHEREAS, as of the date of this Resolution, neither the County Health Officer nor the
County of Santa Clara have exercised their powers to lift the local health emergency and local
state of emergency declared; and
WHEREAS, the Town Council has considered all information related to this matter,
including the associated staff report and other information relating to COVID-19 provided
at prior public meetings of the Town Council; and
WHEREAS, the Town Council now desires to adopt a Resolution finding that the
requisite conditions exist for the legislative bodies of the Town of Los Gatos, as defined in the
Brown Act, to conduct remote teleconference meetings without compliance with paragraph
(3) of subdivision (b) of Government Code section 54953.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
RESOLVE:
1. The Town Council hereby finds that the fact set forth in the above recitals are
true and correct, and establish the factual basis for the adoption of this Resolution;
2. There is an ongoing proclaimed state of emergency relating to the novel
coronavirus causing the disease known as COVID-19 and as a result of that emergency,
meeting in person would present imminent risks to the health or safety of attendees of in-
person meetings of this legislative body within the meaning of California Government Code
section 54953(e)(1).
3. Under the present circumstances, including the risks mentioned in the preceding
paragraph, the Town Council determines that authorizing teleconferenced public meetings
consistent with Assembly Bill 361 is necessary and appropriate.
4. Staff are directed to take all actions necessary to implement this Resolution for
all Town meetings in accordance with the foregoing provisions and the requirements of
Government Code section 54953, as amended by Assembly Bill 361, including but not limited
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4 of 4
Resolution October 5, 2021
to returning for ratification of this Resolution every 30 days after teleconferencing for the
first time pursuant to Assembly Bill 361 for so long as either of the following circumstances
exists: (a) the state of emergency continues to directly impact the ability of this legislative
body to meet in person; and/or (b) state or local officials, including but not limited to the
County Health Officer, continue to impose or recommend measures to promote social
distancing.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of October 2021, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
Page 35
PREPARED BY: Clinton Tada
Acting Police Chief
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/05/2021
ITEM NO: 8
DATE: September 29, 2021
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss Information on the Los Gatos-Monte Sereno Police Department’s
Structure and Current Staffing Efforts
RECOMMENDATION:
Discuss information on the Los Gatos-Monte Sereno Police Department’s (LGMSPD) structure
and current staffing efforts.
BACKGROUND:
LGMSPD provides outstanding, high quality services consistent with the Department’s mission
of ensuring public safety with integrity, compassion, and professionalism by providing
exceptional law enforcement and dispatch services, building community partnerships, and
engaging the community in problem-solving. The quality of the Department’s services is
dependent on highly skilled and trained staff.
On September 7, 2021, the Town Council approved an amendment to the Temporary
classification plan to align the Temporary Communication Dispatcher classification salary steps
with the existing Town Employee Association (TEA) Communication Dispatcher classification
salary steps. Operational dispatchers from other local agencies and retired Dispatchers with
extensive dispatch experience (also called per-diem Dispatchers) are hired on a part-time, non-
benefitted hourly basis to assist with staffing vacancies and while other Dispatchers are in
training.
During the meeting, questions arose regarding the structure, staffing, and compensation of the
LGMSPD and the Dispatch function in particular. Information provided in this staff report is
intended to update the Council and community on the current staffing and other
elements of the LGMSPD organizational structure. As the Town is currently in the bargaining
Page 36
PAGE 2 OF 5
SUBJECT: Discuss Information on the Los Gatos-Monte Sereno Police Department
DATE: September 29, 2021
BACKGROUND (continued):
process with two unions with staff in the Police Department, this report and agenda item
cannot share or discuss proposals associated with the bargaining process.
DISCUSSION:
LGMSPD Structure and Staffing
The Police Department is dedicated to providing a high level of service to the community
members of the Town of Los Gatos and City of Monte Sereno. The Department is experiencing
a transition in staffing of both sworn and non-sworn positions and is committed to providing
the necessary resources and services to maintain a safe community through the excellent work
of highly qualified and dedicated personnel.
The Town Council has approved full funding of the Department and all of its positions in the
Adopted Fiscal Year (FY) 2021/22 Operating Budget.
The sworn officer positions seek to maintain the high level of service to respond, investigate,
and address calls for service by the public. The table below illustrates the budgeted and actual
sworn positions within the Department.
Sworn Positions Budgeted Positions Filled Positions Operational Positions
Police Chief 1 0 0
Captains 2 2 2
Sergeants 7 7 7
Patrol Corporals 4 4 3
Officers 25 24 21
Totals 39 37 33
The difference between filled sworn positions and operational sworn positions is attributed to a
combination of staff in acting positions, training, and workers’ compensation leave or work
restriction status. In addition to natural staffing attrition through retirements and staff opting
to relocate, the Department maintains succession plans for other potential vacancies. As such,
the Department continues to recruit and maintain a “Open Continuous” recruitment process
for Lateral, Pre-Service, and Entry-Level Officer candidates in anticipation of expected and
unexpected departures or unsuccessful candidates currently in the hiring process. For example,
three Officers have indicated their intentions to retire by the end of the calendar year and the
Department is actively recruiting and training to manage this transition.
Page 37
PAGE 3 OF 5
SUBJECT: Discuss Information on the Los Gatos-Monte Sereno Police Department
DATE: September 29, 2021
DISCUSSION (continued):
The table below illustrates the civilian positions within the Department. The filled Dispatcher
positions include two individuals who are in training, thereby reducing the total operational
positions to three.
Civilian Positions Budgeted Positions Filled Positions Operational
Positions
Records/Communications
Manager
1 1 1
Dispatcher 8 5 3
Records Specialist 4 4 4
Senior Admin Analyst 1 1 1
Admin Tech/Analyst 1 1 1
Executive Assistant 1 1 1
Community Outreach
Coordinator
1 1 1
Parking Control Officers 2 2 2
IT System Administrator 1 1 1
Community Service Officer 1 1 1
Totals 21 18 16
Dispatch Staffing
The Communications Center provides 24/7 service and is staffed with Communications
Dispatchers who answer both emergency and non-emergency phone calls, provide
communications support for Patrol Officers, and act as one of main call centers for the Town of
Los Gatos. The Department is committed to maintaining Dispatch services and is currently
implementing a staffing plan to complete training for current Dispatch trainees, train and
deploy per-diem Dispatchers, recruit to fill vacant Dispatcher positions, and retain staff through
stretch and growth assignments.
As previously noted in the staff report from September 7th, the Dispatch function has recently
been impacted by a series of retirements and resignations. The table below provides a timeline
of departures and reasoning for separation since July 2020.
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PAGE 4 OF 5
SUBJECT: Discuss Information on the Los Gatos-Monte Sereno Police Department
DATE: September 29, 2021
DISCUSSION (continued):
Date of Separation
Dispatcher Reason
July 2020 Moved out of State
December 2020 Retired and moved out of State
January 2021 Didn’t complete training
March 2021 Resignation
April 2021 Didn’t complete training
August 2021 Resignation
As vacancies occur within the LGMSPD or other Town Departments, the Department notifies
the Town’s Human Resources Department to initiate recruitment proceedings. The table below
illustrates the Dispatcher recruitment efforts since August 2020.
Oral Board Date
Number of Candidates
Interviewed
Number Hired
August 6, 2020 5 1
December 15, 2020 3 0
February 9, 2021 5 2
April 29, 2021 4 1 conditional offer
September 22, 2021 4 2 in background
As the above table illustrates, the exacting nature of the Dispatcher function in conjunction
with an extensive background process often result in few applicant job offers being made. The
Department will continue to recruit and maintain “Open Continuous” recruitment process for
Communications Dispatcher in anticipation of any unexpected departures of current staff or
unsuccessful candidates currently in the hiring process.
In addition to the extensive initial recruitment process, newly recruited Dispatchers must
successfully complete rigorous training including graduation from the Dispatcher Academy.
Unlike a fully trained Dispatchers, Dispatchers in training are not allowed to take calls
independently until they complete all the training requirements.
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PAGE 5 OF 5
SUBJECT: Discuss Information on the Los Gatos-Monte Sereno Police Department
DATE: September 29, 2021
DISCUSSION (continued):
The following table illustrates Dispatcher staffing in 2021 relative to fully trained Dispatchers,
Dispatchers in training, and vacancies.
Jan*
Feb*
Mar*
Apr
May
Jun
Jul
Aug
Sep
Budgeted
Positions
8 8 8 8 8 8 8 8 8
Filled: Fully
Trained
5 5 4 4 4 4 4 4 3
Filled: In
Training
2 1 1 1 0 2 2 2 2
Vacancies 1 2 3 3 4 2 2 2 3
*Jan-Mar includes 1 Filled: Fully Trained Leave of Absence
The Department has developed a training program for per-diem Dispatchers and has begun
one-on-one training with five per-diem Dispatchers. The Department is committed to
maintaining a pool of five to six fully trained per-diem Dispatchers during this time for staffing
vacant shifts and for future backfill of Dispatchers as needed.
CONCLUSION:
LGMSPD continues to work on succession planning for all of its functions in anticipation of
expected retirements, hires who do not successfully complete required training, and
unforeseen resignations. The Department is focused on a sustainable staffing plan for the
Dispatch function which will take several months to fully implement.
COORDINATION:
This staff report was coordinated with the Town Manager, Town Attorney, and Finance
Director, and Director of Human Resources.
FISCAL IMPACT:
None.
ENVIRONMENTAL ASSESSMENT:
This agenda item is not a project defined under CEQA, and no further action is required.
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