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Staff Report with attachments Reviewed by: Town Manager, Town Clerk, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 11/02/2021 ITEM NO: 8 DATE: October 28, 2021 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Approve Updates to Council Policy 2-01: Town Agenda Format and Rules and Council Policy 2.04: Town Council Code of Conduct as Recommended by the Council Policy Committee and Adopt a Resolution to Rescind Resolutions 2009-002 and 2006-111. RECOMMENDATION: Approve updates to Council Policy 2-01: Town Agenda Format and Rules and Council Policy (Attachment 1) 2.04: Town Council Code of Conduct as recommended by the Council Policy Committee (Attachment 2) and adopt a Resolution (Attachment 6) to Rescind Resolutions 2009- 002 and 2006-111. BACKGROUND: Since April 2021, the Town Council has listened to public comments at its meeting that have become increasingly hateful and harassing, escalating to disturbances at in-person Council meetings this fall. Proposed updates to Council Policy 2-01: Town Agenda Format and Rules and Council Policy 2.04: Town Council Code of Conduct intend to clarify rules for civility and decorum as well as identify enforcement mechanisms if these rules are not followed. On October 26, 2021, the Council Policy Committee listened to public testimony and voted unanimously to forward a recommendation to the Town Council to approve the proposed updates with additional language clarifying the process of handling a person disrupting the meeting and stating that the Code of Conduct Policy applies to all Town Boards, Committees, and Commissions. DISCUSSION: Both Council Policies should be amended to include specific rules for civility at Town Council meetings. Attachments 1 and 2 contain the proposed redline additions, including the recommendation of the Council Policy Committee. PAGE 2 OF 3 SUBJECT: Proposed Updates to Council Policy 2-01: Town Agenda Format and Rules and Council Policy 2.04: Town Council Code of Conduct, and Adopt a Resolution to Rescind Outdated Resolutions DATE: October 28, 2016 DISCUSSION (Continued): Consistent with case law, the proposed rules state: • The purpose of the Town Council meeting is to conduct the important business of the community in an effective and efficient manner. • For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code (e.g., Section 2.20.020 contained in Attachment 3), and on the cover sheet of the Council agenda. • The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council Meetings. • Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape, or form at Town Council meetings. • All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials. • Any disturbance resulting from a member of the public not following these rules can be muted if participating remotely or required to leave if participating in-person. Violators may be cited for violation of the California Penal Code Section 403. Once these additional rules are in place, the Mayor should explain these rules to the public at each meeting. This practice serves multiple purposes. First, it reminds the Mayor and other Council Members of how disruptions must be handled, and that the rules must be applied in an even-handed manner. Second, it lets the audience know at the outset that the Council has adopted rules prohibiting disruptions, and what the consequences will be if someone chooses to engage in conduct that willfully disrupts the meeting. Third, should someone be removed from the meeting, and later challenge the removal in court, it will assist in the defense of the action. As recommended by the Council Policy Committee, the steps for addressing a violation have been added to the redlined Policies. Specifically: a. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy. b. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the PAGE 3 OF 3 SUBJECT: Proposed Updates to Council Policy 2-01: Town Agenda Format and Rules and Council Policy 2.04: Town Council Code of Conduct, and Adopt a Resolution to Rescind Outdated Resolutions DATE: October 28, 2016 DISCUSSION (Continued): meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting. c. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403. As this process would also be in place for other Town Boards, Committees, and Commissions, the staff liaison will need to assist the Chair to call a recess and address the disturbance. In the past, the Council adopted its Policies by Resolution. This practice ended several years ago with the Council adopting its Council Policies through direction action. The Agenda Format Policy and Code of Conduct Policy have old Resolutions (Attachments 4 and 5, respectively) that need to be rescinded. For this reason, staff is recommending that the Council adopt a Resolution to rescind these outdated Resolutions and set forth the current adoption practice for Council Policies. CONCLUSION: Staff recommends that the Town Council approve the updates to the Policies (Attachments 1 and 2) as recommended by the Council Policy Committee and adopt a Resolution (Attachment 6) to rescind outdated Resolutions. COORDINATION: The information contained in this report was coordinated with the Town Clerk and Town Attorney. FISCAL IMPACT: Adoption of these Policy updates has no fiscal impact. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Redlined Updates to Council Policy 2-01: Town Agenda Format and Rules 2. Redlined Updates to Council Policy 2.04: Town Council Code of Conduct 3. Town Code Section 2.20.020 4. Resolution 2009-002 5. Resolution 2006-111. 6. Proposed Resolution to Rescind Resolutions 2009-002 and 2006-111 This Page Intentionally Left Blank COUNCIL POLICY MANUAL TITLE: Town Agenda Format and Rules POLICY NUMBER: 2-01 EFFECTIVE DATE: 12/15/1986 PAGES: 7 ENABLING ACTIONS: 1986-183; 1987-024; 1988-124; 1993-181; 1994-057; 1996-108; 2001-077; 2004-033; 2009-002 REVISED DATES: 12/15/1986; 3/2/1987; 6/6/1988; 6/15/1992; 12/6/1993; 4/4/1994; 8/5/1996; 7/2/2001; 4/5/2004; 1/20/2009; 3/16/2009; 12/6/2010; 8/5/2013; 3/3/2015; 9/20/2016; 6/20/2017; 8/1/2017; 12/4/18/; 8/20/19; 12/3/19; 6/1/2021 APPROVED: PURPOSE To establish procedures which standardize Town agendas and insure an orderly meeting. This Policy applies to Town Council and all Town Boards, Commissions, and Committees. POLICY The following policies have been established: A. Order of the Agenda Subject to the Mayor’s, or Chair’s, discretion to change the order of consideration of any agenda item during any individual meeting: Meeting Call to Order Roll Call Pledge of Allegiance Appointments Presentations Closed Session Report Council Matters Manager Matters Consent Calendar Verbal Communications Public Hearings Other Business Adjournment (No later than midnight without vote) ATTACHMENT 1 Small Town Service Community Stewardship Future Focus TITLE: Town Agenda Format and Rules PAGE: 2 of 7 POLICY NUMBER: 2-01 B. Closed Session Report At the first Council meeting following any Closed Session, the Town Attorney will report on the Closed Session describing what occurred, but without reporting any information which could damage the Town’s position on a) potential or existing litigation, b) the acquisition or disposition of property, or c) any employee’s privacy interests. In addition, the Closed Session agenda shall clearly identify the subject of each agenda item consistent with the requirements of the Brown Act. C. Communications by Members of the Public 1. Verbal Communications. Comments by members of the public during the initial Verbal Communications portion of the agenda on items not on the Council agenda shall be limited to 30 minutes and no more than three (3) minutes per speaker. As an item not listed on the agenda, no response is required from Town staff or the Council and no action can be taken. However, the Council may instruct the Town Manager to place the item on a future agenda. At the conclusion of the first Verbal Communications, the agenda will proceed onto the Public Hearings and Other Business sections of the agenda. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications section can be opened prior to Adjournment. 2. Public Hearings. Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers. Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Other members of the public testifying at public hearings shall be limited to no more than three (3) minutes. 3. Submittal of written materials by Applicant and Appellant. To allow Town Council, Boards, Commissions, Committees, Town Staff, and the public the opportunity to review material in advance of a hearing, all materials submitted by the Applicant or Appellant must be received by the Town Clerk fourteen (14) days prior to the scheduled public hearing. Documents and materials received from the Applicant or Appellant after the deadline will be accepted; however, the Town Staff may not have the time to analyze the documents and material, and Town Council may not have the time to consider materials submitted after the deadline. The submittal of any additional material by the Applicant or Appellant shall not be considered prima facie evidence (sufficient to establish a fact or raise a presumption) under Town Code Section 29.20.300. 4. Other Agenda Items. Comments by members of the public concerning any other item on an agenda shall be limited to no more than three (3) minutes per item. 5. Mayor’s Discretion. All time limits noted above shall be subject to change at the Mayor’s discretion. If a member of the public speaks on the wrong item, the time used would be deducted from the speaker’s overall public comment time allowance on the correct item. TITLE: Town Agenda Format and Rules PAGE: 3 of 7 POLICY NUMBER: 2-01 D. Consent Calendar Items on the Council agenda that are considered to be of a routine and non-controversial nature are placed on the Consent Calendar. Typical items include meeting minutes, final reading and adoption of ordinances, resolutions approving agreements, awards of contracts, status staff reports, etc. Consent items shall be approved by a single Council motion unless a member of the Council requests that an item be removed for separate Council action. Members of the public may speak on an item on the Consent Calendar during the public comment portion before the Council votes on the Consent Calendar. Items removed from the Consent Calendar may be considered at that meeting at the Mayor’s discretion. If an item is removed for discussion, members of the public may speak to that item even if they previously spoke on the item during public comment. E. Presentations The Presentations portion of the agenda is intended to allow organized groups to make formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included on the Presentations portion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time. F. Council Matters Members of Council may report on the activities of the committees to which they belong or the meetings they attend, question staff briefly on matters upon which the Council has taken action or given direction, make brief announcements, or discuss whether to place particular items on future agendas for action by the Council. Future agenda items to be briefly discussed here shall be identified consistent with Section G of this policy, or may be raised for the first time under this item. G. Adjournment Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time. H. Americans with Disabilities Notice on Town Agendas As part of the requirements under the Americans with Disabilities Act, the Town is required to provide notice of whom to contact in advance of a public meeting for assistance to disabled individuals who might wish to participate. The following notice shall be provided in at least one location on each Town agenda for Council, Boards, Commissions, or Committees. TITLE: Town Agenda Format and Rules PAGE: 4 of 7 POLICY NUMBER: 2-01 I. Preparation of the Agenda The agenda is prepared by staff in consultation with the Mayor for the Mayor’s final approval. If there is a disagreement between the Mayor and staff, the Mayor makes the ultimate call on the Agenda and its items. Any member of the Council may submit a request through the Town Manager or directly to the Mayor to make a change or addition to the agenda. In no event may the subject of whether to amend the agenda be discussed outside of a public meeting by more than two (2) members of the Council. Items thus proposed to be added to the agenda require the Mayor’s agreement to be added for action. If the Mayor does not agree, the item shall be listed on the agenda for discussion purposes only under the Council Matters section of the agenda. Council may then discuss whether to place the item on a future agenda for action. Two (2) or more members of the Council must vote in favor of placing an item on a future agenda for action. The Mayor in good faith will make every effort to place the item on the first available Council agenda in consultation with the Town Manager. If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown Act generally requires a two-thirds (2/3) vote or a unanimous vote of those present if less than five (5) Council Members are present, with a finding that there is a need to take immediate action and the need for action came to the attention of the Town after the agenda was posted. J. Agenda Schedule and Preparation In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate. Thursday, prior to the meeting Written agenda is finalized and printed. Agenda packets distributed to Town Council Members. Public comments on agenda items received by 11:00 a.m. will be included in the agenda packet. Friday, prior to the meeting Additional information from staff available after the Thursday distribution of the agenda packet, and public comments received prior to 11:00 a.m. on Friday will be distributed to Town Council members as an Addendum to a staff report. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Clerk Administrator 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] TITLE: Town Agenda Format and Rules PAGE: 5 of 7 POLICY NUMBER: 2-01 Monday, prior to the meeting Additional information from staff available after the Friday Addendum and public comment received prior to 11:00 a.m. on Monday will be distributed to Town Council members as an Addendum to a staff report. Day of Council Meeting Council comments and questions received by 7:00 a.m. and public comments received by 11:00 a.m. on the morning of a Council meeting will be included in a Desk Item for distribution to Town Council members by 3:00 p.m. on the afternoon of a Council meeting. Council comments and questions received after 7:00 a.m. may be addressed during the Council meeting. Public comment received after 11:00 a.m. will not be distributed to the Council in the Desk Item; however, public comment may be submitted by individuals during the Council meeting. In general, questions or inquiries from Council Members to the Town Manager and/or Town Attorney regarding agenda items should be responded to within 24 hours, and then placed into Addenda and/or Desk Items, as appropriate. K. Agenda Posting Council Agendas shall be posted at least 72 hours prior to a regular meeting, and at least 24 hours prior to a special meeting. Notice of any meeting of a formally appointed Committee where two Council Members could be present shall be posted at least 24 hours in advance of any such meeting with a note as to the time and location, and an invitation to the public to attend. L. Conduct of Town Council Meetings The Council shall adopt: 1. Robert's Rules of Order or 2. Some other rules of order, or 3. Allow the Mayor to conduct the meeting as deemed appropriate so long as all members of the Town Council concur. M. Attendance at Meetings The Town Council Rules provisions concerning Remote Attendance shall apply to all Boards, Commissions, and Committees as well as the Town Council as follows: 1. Requests by Council Members to attend a regular Council meeting via remote appearance are allowed on a limited basis and with no more than two remote participations in a row. Remote attendance shall be permitted for a medical, family or work event requiring a Council Member’s absence or in the event the Council Member is out of the area on official Town business. In addition, at least a quorum of the Council must participate from a location within the Town. TITLE: Town Agenda Format and Rules PAGE: 6 of 7 POLICY NUMBER: 2-01 2. Requests by Commissioners to attend a Commission meeting via remote appearance should be allowed on a limited basis to mirror the existing attendance requirements and with no more than two remote participations in a row. 3. When a Council Member or Commissioner is participating remotely, they shall have their camera on and be visible for the duration of the meeting. 4. The public may participate in all public meetings remotely by following the remote participation instructions that are provided on the agenda. The remote participation instructions shall be provided on all Town Council and Commission agendas. N. Proposed Reconsideration of Prior Council Actions Reconsideration of prior Council actions is discouraged and may only occur in special circumstances subject to the procedural restrictions outlined herein. Reconsideration does not include, and this Policy does not prohibit, the repeal of a resolution or ordinance in response to a lawsuit or a referendum challenging that adoption. Step 1 – Motion to Place Reconsideration of a Prior Action on a Future Council Agenda a) The motion must be made by a Council Member who previously voted on the prevailing side of the prior action; b) The maker of the motion shall specifically articulate the new information, analysis and/or circumstances that warrant(s) reconsideration of the prior action; c) The motion must be adopted by a majority of the full Council; and d) The motion may only be made and considered at the next regularly scheduled meeting of the Council after the item was originally acted upon. Step 2 – Full Reconsideration of the Prior Action, if a motion as outlined in Step 1 is approved. a) The full reconsideration of the prior action will be placed on the next available Council agenda following the agenda-setting and required public notification process. b) The agenda, public notification and staff report for the full reconsideration of the prior action shall clearly state that the item has been previously acted upon by the Council and is being reconsidered by the Council. c) Action on the reconsideration of the prior action shall adhere to regular Council policies and practices as if the item was being heard for the first time. d) The full reconsideration of the prior action (whether sustained, reversed or otherwise modified) will be the final action on that item, and no further reconsiderations will be considered. TITLE: Town Agenda Format and Rules PAGE: 7 of 7 POLICY NUMBER: 2-01 O. Motions by the Chairperson The Chairperson of the meeting may make or second motions. The Chairperson may also restate, or ask that the maker restate, all motions immediately prior to any vote. P. Behavior Expectations and Consequences at Town Council Meetings: The public is welcome to participate in the meetings, understanding that the purpose of the meeting is to conduct the important business of the Town in an efficient and effective manner. At each meeting, the Mayor should state: 1. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda. 2. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council meetings. 3. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape, or form at Town Council meetings. 4. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials. 5. The Town will go through the following steps if a disturbance results from a member of the public not following these rules: a. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy. b. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting. c. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403. APPROVED AS TO FORM: _________ Robert Schultz, Town Attorney This Page Intentionally Left Blank COUNCIL POLICY MANUAL TITLE: Town Council Code of Conduct POLICY NUMBER: 2-04 EFFECTIVE DATE: 5/3/2004 PAGES: 8 ENABLING ACTIONS: 2004-059; 2006-111 REVISED DATES: 12/17/2012; 3/3/2015; 12/17/2019 APPROVED: I. Preamble The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. These expectations of conduct also apply to all members of the Town’s Boards, Committees, and Commissions. II. Form of Government The Town of Los Gatos operates under a Council-Manager form of government as prescribed by Town Code, Section 2.30.305. Accordingly, members of the Council are elected at-large, provide legislative direction, set Town policy, and ultimately answer to the public. The Town Manager serves as the Town’s chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction. III. Town Council Roles and Responsibilities The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community’s desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes. Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving. ATTACHMENT 2 Small Town Service Community Stewardship Future Focus TITLE: Town Council Code of Conduct PAGE: 2 of 9 POLICY NUMBER: 2-04 IV. Mayoral and Vice Mayoral Selection Process Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority vote of the Council. V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor: Mayor A. The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager and leading Council meetings. B. The Mayor recommends various standing committee appointments to the Council for approval.1 This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as s/he deems appropriate. C. The title of Mayor carries with it the responsibility of communicating with the Town Council, Town Manager, and members of the public. In this capacity, the Mayor serves as the Town “spokesperson” representing the Council in official and ceremonial occasions. D. As the official Town spokesperson, the Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, and delivering the State of the Town Address at his or her discretion.2 The Town Council will determine any additional authority or duties that the Mayor shall perform. E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the Town Council. F. In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board/Commission policies and procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook.3 1 Council Agenda Format and Rules Policy 2 Council Commendation and Proclamation Policy 3 Resolution 1999-167 TITLE: Town Council Code of Conduct PAGE: 3 of 9 POLICY NUMBER: 2-04 Vice Mayor A. In the Mayor’s absence, the Vice Mayor shall perform the formal duties of the Mayor.4 B. When the Vice Mayor performs the duties of the Mayor in his/her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public. VI. Council Conduct in Public Meetings To ensure the highest standards of respect and integrity during public meetings, Council Members should: A. Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed by the individual’s last name. B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions and allow for the debate of issues. C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items. D. Council decisions should be reserved until all applicable information has been presented. E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. For purposes of clarification, Council Members may ask the speaker questions. Council comment and discussion should commence upon the conclusion of all public testimony VII. Maintaining Civility at Council Meetings The public is welcome to participate at Town Council meetings and the Mayor should remind the public of the Town’s expectations for civility in order for the business of the Town to be completed efficiently and effectively. These expectations include and are not limited to: A. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda. B. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council Meetings. C. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, 4 Council Agenda Format and Rules Policy TITLE: Town Council Code of Conduct PAGE: 4 of 9 POLICY NUMBER: 2-04 and bigotry statements are completely unacceptable and will not be tolerated in any way, shape or form at Town Council meetings. D. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials. E. The Town will go through the following steps if a disturbance results from a member of the public not following these rules: 1. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy. 2. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting. 3. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403. VIII. Legal Requirements The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town’s legal officer and is available to advise the Council on these matters. A. Training Biannual training in the following areas shall be provided by staff to Council Members: 1. The Ralph M. Brown Act 2. Town / CA State Law on Conflict of Interest (AB 1234) 3. Government Section 1090 4. Incompatible Offices 5. The Fair Political Practices Commission Forms 6. Bias 7. Town / CA State Law on Harassment (SB 1343) B. Procurement Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services. C. Land Use Applications The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/her decision on a matter pending before the TITLE: Town Council Code of Conduct PAGE: 5 of 9 POLICY NUMBER: 2-04 Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and before Council deliberations. D. Code of Conduct Policy Newly elected Council Members are strongly encouraged to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy. E. Non-Profit Organizations Council Members may not sit on boards of directors of non-profit organizations which receive funding or in-kind contributions from the Town, unless the role serves a legitimate Town purpose, such as the League of California Cities, and the participation is approved by the full Council. IX. Council Participation in Boards, Commissions and Committees, and Reporting Requirements There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town boards and commissions, regional boards and commissions, and community-generated committees. Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide updated reports to the Council during the “Council Matters” opportunity on the Council meeting agenda. Recommended actions by Council Committees should be reported to the Council. When serving on a Council Committee, whether standing or ad hoc, all work undertaken by the Committee must be directed by the Council, and all recommended actions of a Council Committee shall be reported to the Council. X. Council Relationship with Town Staff The Town Council has adopted a Council-Manager form of government. The Town Manager’s powers and duties are outlined in the Town Code, Section 2.30.295. Council Conduct and Communication with Town Staff To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines: A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with Town staff. TITLE: Town Council Code of Conduct PAGE: 6 of 9 POLICY NUMBER: 2-04 B. Council Members should direct questions about policy, budget, or professional opinion to the Town Manager, Town Attorney or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff. C. The Town Manager and staff are responsible for implementing Town policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/program administrative functions and implementation; rather it should provide policy guidance to the Town Manager. D. Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings. Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings. E. Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council. F. Council Members should not attend department staff meetings unless requested by the Town Manager. G. All Council Members should have the same information with which to make decisions. Information requested by one Council Member will be shared with all members of the Council. H. Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees. I. Per California Government Code, Sections 3201-3209, Council Members should not solicit financial contributions from Town staff or use promises or threats regarding future employment. Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform. XI. Council Communication with the Public and other Council Members The Public has a reasonable expectation that it may engage its Council Members on matters of community concern. In response, Council Members may express a preliminary opinion on issues or projects raised. Any such preliminary statement shall not constitute a prejudgment or create a presumption of bias on any issue or a project. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently adopted Council policies. Such statements are permissible if clearly characterized as personal opinion or policy change objectives. XII. Enforcement A. Purpose TITLE: Town Council Code of Conduct PAGE: 7 of 9 POLICY NUMBER: 2-04 The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The purpose of the policy language is to establish a process and procedure that: 1. Allows the public, Town Council, and Town employees to report Code of Conduct policy violations or other misconduct. 2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary. B. Procedures 1. Reporting of Complaints The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct: a. Complaints made by members of the public, the Town Manager, and Town Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor. b. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements. c. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor. 2. Evaluation of Complaints Alleging Violations Upon report of a written complaint, the Town Manager and Town Attorney will join the Mayor or Vice Mayor as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below. If the Town Manager or Town Attorney is the complainant, the longest serving uninvolved Council Member will replace the Town Manager or Town Attorney on the evaluation committee. Within seventy-two (72) hours of receipt of the complaint by the Mayor or Vice Mayor, the Council Member in question shall be notified of the reported complaint by the Mayor or his/her designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the complainant and nature of the complaint. 3. Unsubstantiated or Minor Violations If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. TITLE: Town Council Code of Conduct PAGE: 8 of 9 POLICY NUMBER: 2-04 4. Allegations of Major Violations If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report his/her initial findings back to the Committee. If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials. 5. Report of Findings At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other Town policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding. The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council. Where there is no consensus of the Committee regarding the recommendations, the matter shall be referred to the Council. The subject Council Member shall be notified in writing of the Committee’s decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council. 6. Proceedings Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response. TITLE: Town Council Code of Conduct PAGE: 9 of 9 POLICY NUMBER: 2-04 Investigative findings shall be presented to the Town Council at a public hearing. The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding. C. Disciplinary Action 1. Considerations in Determining Disciplinary Action Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of Town policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered: a. Nature of the violation b. Prior violations by the same individual c. Other factors which bear upon the seriousness of the violation 2. Types of Sanctions At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to: a. Public Admonishment – A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. b. Revocation of Special Privileges – A revocation of a Council Member’s Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles. c. Censure – A formal statement or resolution by the Council officially reprimanding a Council Member. APPROVED AS TO FORM: Robert Schultz, Town Attorney This Page Intentionally Left Blank Created: 2021-07-02 11:59:43 [EST] (Supp. No. 86) Page 1 of 1 Sec. 2.20.020. Same—Interruptions and rules for conduct. (a)Understanding that the purpose of the meetings of the Town Council is to conduct the people's business for the benefit of all the people, in the event that any meeting of the Town Council is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the Mayor, Vice- Mayor or any other member of the Town Council acting as the chair, may order the removal of the person or persons responsible for the disruption and bar them from further attendance at the Council meeting, or otherwise proceed pursuant to Government Code section 54957.9 or any applicable penal statute or Town ordinance. For purposes of these rules "willfully interrupt" includes, but is not limited to, doing any of the following after being directed by the chair to cease and being warned that continuing to do so will be a violation of law: (1)Addressing the Town Council without first being recognized. (2)Persisting in addressing a subject or subjects other than that before the Town Council. (3)Repetitiously addressing the same subject. (4)Continuing to speak after the allotted time has expired. (5)Failing to relinquish the podium when directed to do so. (6)As a speaker, interrupting or attempting to interrupt members of the Town Council or members of the Town staff. (7)From the audience, interrupting or attempting to interrupt, a speaker, members of the Town Council or members of the Town staff, or shouting or attempting to shout over a speaker, members of the Town Council or members of the Town staff, or displays such as clapping, stamping, loud talking, hissing and booing. (8)Violations of rules of conduct established by the Town Council. (b)The Town Council may establish rules for the conduct of its proceedings by resolution. (c)Nothing in this section or any rules of conduct that may be adopted by the Town Council shall be construed to prohibit public criticism of the policies, procedures, programs or services of the Town or of the acts or omissions of the Town Council or Town staff. (d)Any person who violates any of the provisions of this section 2.20.020 shall be guilty of a misdemeanor. (e)If any subsection, sentence, clause or phrase of this section 2.20.020 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The Town Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sections, clauses or phrases had been declared invalid or unconstitutional. (Code 1968, § 2-3; Ord. No. 2074, § I, 11-6-00) ATTACHMENT 3 This Page Intentionally Left Blank RESOLUTION NO. 2006-111 RESOLUTION OF THE TOWN OF LOS GATOS RESCINDING COUNCIL CODE OF CONDUCT RESOLUTION 2004 -59 AND ADOPTING AMENDED VERSION OF THE COUNCIL CODE OF CONDUCT ADDING RECOMMENDED ENFORCEMENT PROCEDURES WHEREAS, in 2004, the Council adopted a Code of Conduct Policy that established guiding principles for appropriate conduct and behavior and set forth the expectations for Council Members; and WHEREAS, the provisions of Council Code of Conduct reflect a commitment by Council Members to the people they serve and to each other, and more importantly, a desire to seek what is good for the community; and WHEREAS, at the April 19, 2006 Special Council Meeting, the Council directed the Council Policy Committee to develop amendments to the Council Code of Conduct that would establish disciplinary procedures and actions should policy violations occur; and WHEREAS, the amended Council Code of Conduct policy incorporates recommended procedures and processes related to policy enforcement, including but not limited to: policy violation complaints, investigations, findings, proceedings, and disciplinary actions. THEREFORE, BE IT RESOLVED, the Town of Los Gatos does hereby rescind Council Code of Conduct Resolution 2004 -59 and adopt amended version of the Council Code of Conduct adding recommended enforcement procedures as reflected in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the sixteenth day of October, 2006 by the following vote: COUNCIL MEMBERS: AYES: Joe Pirzynski, Barbara Spector, Mike Wasserman, Mayor Diane McNutt NAYS: Steve Glickman ABSENT: ABSTAIN:SIGNED: / 1 m .t fil (A'tff ATTEftA - BM CLERISTRAT OR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 4 This Page Intentionally Left Blank RESOLUTION 2009 -002. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING TOWN COUNCIL AGENDA FORMAT AND RULES WHEREAS, the Town Council has adopted Town Council Agenda Format Rules, which, among other things, sets forth the orderof items for Council meeting agendas; and WHEREAS, that the Town Council Agenda Format and Rules were last amended by the Town Council on April 5, 2004; and WHEREAS, the Town Council Agenda Format and Rules . sets a standard agenda order with consideration of Council Matters and Manager Matters at the end of the agenda prior to Adjournment; and WHEREAS, the Town Council Agenda Format and Rules sets deadlines for citizens and Council members to place items on the agenda; and WHEREAS, Town Council desires to change the order of consideration of Council Matters and Manager Matters to after Presentations and before the Consent Calendar in order to provide an opportunity for the Council and Manager to share information and make announcements earlier in the meehig when more members of the public are typically presentand to delete the language setting deadlines for citizens and Council members on the agenda which is inconsistent with current practice RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos That the Town Council Agenda Format and Rules are amended to read as shown in Exhibit A attached to this resolution, which is by this reference incorporated herein. 2. That Resolution 2004 -33 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the20"' day of January, 2009 by the following vote: COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNED: LOTE ST: ERI< O 7`HE TOWN OF LOS GATOS O S, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTACHMENT 5 COUNCIL POLICY TOWN OF LOS GATOS Subject: Town Council Agenda Format and Rules Approved: Enabling Actions: 1986 -183; 1987 -24; 1988- 124; 1993 -181; 1994 -57; 1996 -108; 2001 -77; 2004 -33 Effective: Revised Date: 12/15/86 12/15/86; 3/2/87; 6/6/88; 6/15/92; 12/6/93; 4/4/94; 8/5/96; 7/2/01; 4/5/04 PURPOSE To establish procedures which standardize the Town Council agenda and insure an orderly meeting. POLICY The following policies have been established: A. Order of the Agenda Subject to the Mayor's discretion to change the order of consideration of any agenda item during any individual meeting: Closed Session Interviews Meeting Called to Order Roll Call Pledge of Allegiance Closed Session Report Appointments Presentations Council Matters Manager Matters Consent Calendar Verbal Communications Public Hearings Other Business Adjournment (No later than midnight without vote) EXHIBIT A B. Closed Session Report At the first Council meeting following any Closed Session, the Town Attorney will report on the Closed Session describing what occurred, but without reporting any infonnation which could damage the Town's position on a) potential or existing litigation, b) the acquisition or disposition of property, or c) any employee's privacy interests. In addition, the Closed Session agenda shall clearly identify the subject of each agenda item consistent with the requirements of the Brown Act. C. Communications by Members of the Public 1) Verbal Communications Comments by members of the public during the Verbal Communications portion of the agenda shall be limited to no more than three (3) minutes per speaker. 2) Public HeariUs Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than ten (10) minutes for all speakers. Appellants and applicants shall be provided no more than five (5) minutes to rebut the end of the public hearing. Other members of the public testifying at public hearings shall be limited to no more than three (3) minutes. 3) Other Agenda Items Comments by members of the public concerning any other item on an agenda shall be limited to no more than three (3) minutes per item. 4) Mayor's Discretion All time limits shall be subject to change at the Mayor's discretion in order to control the length of a meeting. B. Consent Calendar The Mayor will ask if any member of the Council, Town staff or public wishes to comment on any item on the consent calendar. At the Mayor's discretion, items removed from the consent calendar may be considered either before or after the Public Hearings portion of the agenda. E. Presentations The Presentations portion ofthe agenda is intended to allow organized groups to make formal presentations to the Council and to recognize and honor deserving individuals and organizations. All matters included on the Presentations portion of the agenda require the prior approval of the Mayor and shall be limited to no more than ten (10) minutes, unless the Mayor grants additional time. N:.iv[GR \AduiinMasters`,Council Polieies%Town Council Agenda Format and Rules.doe Page 2 of 4 F. Council Matters Members of Council may report on the activities of the committees to which they belong or the meetings they attend, question staff briefly on matters upon which the Council has taken action or given direction, make brief announcements, or discuss whether to place particular items on fixture agendas for action by the Council. Future agenda items to be briefly discussed here shall be identified consistent with Section G of this policy, or may be raised for the first time under this item. G. Adjournment Council meetings will be adjourned at midnight unless a majority of the Council Members present vote to extend the adjournment time. H. Preparation of the Agenda The agenda is prepared by staff for the Mayor's approval. In this manner the Mayor determines the agenda. Any member of the Council may request that the Mayor snake a change or addition to the agenda. Such requests may be made through the Town Manager or directly to the Mayor. In no event may the subject of whether to amend the agenda be discussed outside of a public meeting by more than two (2) members of the Council. Items thus proposed to be added to the agenda require the Mayor's agreement to be added for action. If the Mayor does not agree, the item shall be listed on the agenda for discussion purposes only under the Council Matters portion of the agenda. Council may then discuss whether to place the item on a future agenda for action. Two (2) or more members of the Council must vote in favor of placing an item on a future agenda for action. If the wish of the Council is to add an item on the agenda of the current meeting, then the Brown Act generally requires a two - thirds (2/3) vote or a unanimous vote of those present if less than five (5) Council Members are present, with a finding that there is a need to take immediate action and the need for action came to the attention of the Town after the agenda was posted. I. Agenda Schedule and Preparation of Schedule Thursday, 11 days prior to meeting All agenda reports are due to the Town Manager's Administrative Assistant. Reports should be submitted as soon as possible to allow time for review and revision. The deadline for all reports is the Wednesday prior to the Council meeting. N:'.MGRAdminijklasters %Council Policies'Town Council Agenda Format and RUIeS.doc Page 3 of 4 Thursday, prior to meeting Written agenda -is finalized and printed. Agenda packets distributed to Town Council members. Conduct of Town Council MegtiM The Council shall adopt: 1. Robert's Rules of Order or 2. Some other rules of order, or 3. Allow the Mayor to conduct the meeting as deemed appropriate so long as all members of the Town Council concur. K. Reconsideration of Items No item acted upon by the Town Council will be reconsidered by the Council within ninety 90) days of the Council action unless the item is requested for reconsideration by a member of the Town Council. A motion for reconsideration may only be made at the meeting of the original Council action or at the meeting immediately following the original action provided the matter appears on the agenda, unless a request for reconsideration is made by at least two 2) members of the Council at the meeting immediately following the original action, in which event the item will be placed on the next available agenda for Council action. See schedule in Section II concerning placement of items on the regular agenda by members of the Town Council. L. Motions by the Chair The Chairperson of the meeting may make or second motions. The Mayor may restate, or ask that the maker.restate, all motions immediately prior to any vote. APPROVED AS TO FORM: Orry P, Korb, Town Attorney N:`.MGR•,AdminMasters \Council Policies \Town Council Agenda Format and Rules.doc Page 4 of 4 This Page Intentionally Left Blank 1 of 2 Resolution 20 - Council Meeting Date RESOLUTION 20 -xx RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO RESCIND RESOLUTION 2006-111 PERTAINING TO THE COUNCIL CODE OF CONDUCT POLICY AND RESOLUTION 2009-002 PERTAINING TO THE COUNCIL AGENDA FORMAT AND RULES POLICY WHEREAS, the Town of Los Gatos Town Council adopted Resolution 2006-111 on October 16, 2006 pertaining to the Code of Conduct Policy; and WHEREAS, the Town Council has adopted the Town Council Code of Conduct as a Council Policy (2-04) on December 17, 2012 with Council approved revisions on March 3, 2015 and December 17, 2019; and WHEREAS, the Town of Los Gatos Town Council adopted Resolution 2009-002 on January 20, 2009 pertaining to the Council Agenda Format and Rules; and WHEREAS, the Town Council has adopted the Town Agenda Format and Rules as a Council Policy (2-01) on August 5, 2013 with Council approved revisions on March 3, 2015, September 20, 2016, June 20, 2017, August 1, 2017, December 4, 2018, August 20, 2019, and June 1, 2021; and WHEREAS, all Town Council Policies are adopted and/or revised directly without Resolutions. NOW, THEREFORE, BE IT RESOLVED, the Town Council hereby rescinds Resolution 2006- 111 pertaining to the Council Code of Conduct Policy and Resolution 2009-002 pertaining to the Council Agenda Format and Rules Policy; and that the Town Council practice of adopting and/or revising all Town Council Policies directly without Resolutions is hereby memorialized in this Resolution. ATTACHMENT 6 2 of 2 Resolution 20 - Council Meeting Date PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of November, 2021, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: __________________