12-21-21 AgendaPage 1 of 6
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. Disruption of the meeting may result in a violation of Penal Code 403.
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 OF LOS GATOS COUNCIL MEETING AGENDA* AMENDED
DECEMBER 21, 2021
TELECONFERENCE
LOS GATOS, CA
Rob Rennie, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Marico Sayoc, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
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]
Page 2 of 6
TOWN OF LOS GATOS COUNCIL MEETING AGENDA* AMENDED DECEMBER 21, 2021
TELECONFERENCE
7:00 PM
*IMPORTANT NOTICE
This meeting is being conducted utilizing teleconferencing and electronic means consistent with
Government Code Section 54953, as Amended by Assembly Bill 361, in response to the state of
emergency relating to COVID-19 and enabling teleconferencing accommodations by suspending
or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et
seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044, this meeting will not
be physically open to the public and the Council will be teleconferencing from remote locations.
Members of the public can only participate in the meeting by joining the Zoom webinar (log in
information provided below).
*PARTICIPATION
To provide oral comments in real-time during the meeting:
• Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this
URL to join.
https://us02web.zoom.us/j/89468766147?pwd=a2NNL0NmWEJVMDZUcmhYUEJQWWp
Zdz09. Passcode: 163437. You can also type in 894 6876 6147 in the “Join a Meeting”
page on the Zoom website at https://zoom.us/join.
• Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636-651-
0008 US Toll. Conference code: 969184
When the Mayor announces the item for which you wish to speak, click the “raise hand”
feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your
telephone keypad to raise your hand. If you are participating by calling in, press #2 on your
telephone keypad to raise your hand.
When called to speak, you will be asked to provide your full name and your town/city of
residence. This identifying information is optional and not a requirement for
participation. 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.
Page 3 of 6
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow
the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
• addressing the 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 microphone when directed to do so;
• repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker.
Disruption of the meeting may result in a violation of Penal Code 403.
REMOTE LOCATION PARTICIPANTS
The following Council Members are listed to permit them to appear electronically or
telephonically at the Town Council meeting: MAYOR ROB RENNIE, VICE MAYOR MARIA RISTOW,
COUNCIL MEMBER MARY BADAME, COUNCIL MEMBER MATTHEW HUDES, and COUNCIL
MEMBER MARICO SAYOC. All votes during the teleconferencing session will be conducted by
roll call vote.
MEETING CALL TO ORDER
ROLL CALL
BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS (Appoint applicants to the vacant
positions on Town Boards, Commissions, and Committees.)
- Arts and Culture Commission (ACC) (4 vacancies, 5 applicants)
- Building Board of Appeals (BOA) (2 vacancies, 0 applicants)
- Community Health and Senior Services Commission (CHSSC) (4 vacancies, 2 applicants)
- Complete Streets and Transportation Commission (CSTC) (3 vacancies, 5 applicants)
- Finance Commission (FC) (1 vacancy, 3 applicants)
- General Plan Committee (GPC) (1 vacancy, 1 applicant)
- Library Board (LIB) (2 vacancies, 5 applicants)
- Parks Commission (Parks) (3 vacancies, 3 applicants)
- Personnel Board (Personnel) (2 vacancies, 1 applicant)
- Planning Commission (PC) (2 vacancies, 3 applicants)
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business
and may be approved by one motion. Any member of the Council may request to have an item
removed from the Consent Items for comment and action. Members of the public may provide
input on any or multiple Consent Item(s) when the Mayor asks for public comments on the
Consent Items. If you wish to comment, please follow the Participation Instructions contained on
Page 2 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when
the item will be heard.)
Page 4 of 6
1. Approve Draft Minutes of the December 2, 2021 Closed Session Town Council Meeting.
2. Approve Draft Minutes of the December 7, 2021 Town Council Study Session.
3. Approve Draft Minutes of the December 7, 2021 Town Council Meeting.
4. Adopt a Resolution Reaffirming Resolution 2021-044 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.
5. Authorize the Town Manager to Take All Necessary Steps and Execute Appropriate
Documents to Participate in the Opioid Settlement Agreements with the Distributors
and Janssen and Agree to the State Subdivision Agreements.
6. Adopt A Resolution Delegating Authority to the Town Manager to Settle Claims, Pending
Actions and Workers’ Compensation Claims Against the Town That Do Not Exceed Fifty
Thousand Dollars ($50,000).
7. Consider a Request for an Exception to the Height Pole and Netting Policy to Allow an
Alternative to Standard Story Pole Installation to Illustrate and Provide Notice of the
Proposed Project on Property Zoned R-1:8 Located at 445 Los Gatos Boulevard. APN
510-47-038. Property Owners/Applicants: Nam and Nikki Nguyen.
8. Adopt Council Committee Appointments Effective January 1, 2022.
9. Adopt a Resolution Making Determination and Approving the Reorganization of an
Uninhabited Area Designated as El Gato Lane No. 5, Approximately 0.789 Acres on
Property Pre-Zoned R-1:8. APN 523-22-010. Annexation Application AN21-003. Project
Location: 15605 El Gato Lane. Property Owner/Applicant: Natasha Malisic.
10. Receive the Town Finance Commission Recommendation and Authorize the Town
Manager to Execute a Three-Year Agreement with Chavan & Associates, LLP to Provide
Auditing Services for the Town of Los Gatos in Amount Not to Exceed $117,000.
11. Fiscal Year 2021/22 Street Repair and Resurfacing Project (CIP Number 811-9901):
a. Approve the Proposed Street List; and
b. Authorize the Town Manager to Execute a Cost Share Agreement with the City of
Campbell in an Amount Not to Exceed $335,000.
12. Review the Local Roadway Safety Plan Progress Report.
13. Reaffirm Town Council Code of Conduct Policy.
14. Authorize the Town Manager to Execute an Agreement with The Advantage Group to
Continue to Administer Retiree Health Contribution Reimbursements in an Amount Not
to Exceed $57,500.
15. Corporation Yard Building Replacement Project (CIP No. 821-2302):
a. Authorize the Town Manager to Approve the Project Plans and Specifications; and
b. Authorize Advertising the Project for Bid; and
c. Authorize the Town Manager to Award and Execute a Construction Agreement in an
Amount not to Exceed $763,776, Including Contingencies and change orders; and
Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed Fifteen
Percent of the Contract Award Amount; and
d. Authorize the Town Manager to purchase a Prefabricated Steel Storage building
from Empire Steel Buildings in an amount not to exceed $103,939 for the Corp Yard;
and
e. Authorize the Town Manager to Execute Third Amendment to Agreement for
Consulting Services with Cuschieri Horton Architects to Extend the Agreement
Expiration Date to 12/31/22; and
Page 5 of 6
f. Authorize an Expenditure Budget Adjustment to the Corporation Yard Building
Replacement Project in the Amount of $135,981 from Available General Fund
Appropriated Fund Reserve.
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.)
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.)
16. Battery Power Supply – Library (Project 821-2505)
a. Authorize the Town Manager to Execute an Agreement for Consultant Services with
AMS Electric LLC, dba Prime Electric LLC for a Design-Build Project to Install a Battery
Storage System to Provide Backup Power at the Library in an Amount Not to Exceed
$513,000; and
b. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $300,000
to Recognize Receipt and Expenditure of the State Office of Emergency Services
Community Power Resiliency Grant Funds (421-821-2505-43415 421-821-2505-
824050; and
c. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $213,000
to Recognize Receipt and Expenditure of the Silicon Valley Clean Energy Grant Funds
(421-821-2505-43529 421-821-2505-82405).
17. Annual Comprehensive Financial Report (ACFR):
a. Receive the Annual Comprehensive Financial Report (ACFR) for the Fiscal Year Ended
June 30, 2021, and
b. Adopt a Resolution Confirming June 30, 2021 Fund Balances in Accordance Fiscal
Year 2020/21 Final Audit and Town Council General Fund Reserve Policy.
18. Adopt a Resolution for the California Public Employees’ Retirement System Retirement
Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint a Retiree as an
Interim Town Attorney and Approve the Employment Agreement Between the Town of
Los Gatos and the Interim Town Attorney.
19. Adopt a Resolution for the California Public Employees’ Retirement System Retirement
Plan to Waive the 180-Day Retiree Rehire Wait Period and to Appoint a Retiree as an
Interim Finance Director.
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total
of five minutes maximum for opening statements. Members of the public may be allotted up to
three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of three minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Council’s consent at
the meeting.)
Page 6 of 6
20. Consider Adoption of a 45-Day Urgency Ordinance to Implement Senate Bill 9 to Allow
for Two-Unit Housing Developments and Urban Lot Splits in All Single-Family Residential
Zoning Districts.
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.