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 o
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
OCTOBER 04, 2022
TELECONFERENCE
7:00 PM
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]
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA
OCTOBER 04, 2022
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://losgatoscagov.zoom.us/j/85733902640?pwd=QzJSUnFTTDRRZytmME1jSFBUSHl0QT09 Passcode: 108498. You can also type in 857 3390 2640 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: 686100
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 [email protected] 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.
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.
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.
MEETING CALL TO ORDER
ROLL CALL
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
the item will be heard.)
1. Approve Draft Minutes of the September 17, 2022 Town Council Special Meeting Retreat.
2. Approve Minutes of the September 20, 2022 Closed Session Town Council Meeting.
3. Approve Minutes of the September 20, 2022 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 Execute a Second Amendment to the Agreement with M-Group for Consultant Services as Provided in the Senate Bill 2 Los Gatos Planning Grant Program Application by Increasing Compensation to a Total Not to Exceed Amount of $130,279 Including Contingencies and Authorize a $67,279 Revenue Budget Adjustment to Recognize the Grant Receipt.
6. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Audit Services with Badawi and Associates to Extend the Term of the Agreement.
7. Adopt a Resolution Amending the Enabling Resolution of the Senior Service Committee and Rescind Resolution 2021-035.
8. Approve an Amendment to the Management Salary Schedule to Establish a New Classification Title and Salary Range for Finance and Accounting Manager.
9. Adopt a Resolution to Accept the Elections Official’s Certification of the Sufficiency of the Petition of the Referendum of Resolution 2022-046.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the 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.)
10. Adopt the Updated Town Social Media Policy as Recommended by the Policy Committee.
11. Adopt the Updated Town Council Code of Conduct Policy as Recommended by the Policy Committee.
12. Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and Authorize the Town Manager to Negotiate and Execute the 4 New York Avenue Grant Agreement and All Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney.
13. Adopt Final Lease Agreement with CineLux Theatres Co. LLC for the Operation and Program Management of the Los Gatos Theatre.
14. Adopt a Resolution to Confirm Suspension of the 2040 General Plan Land Use and Community Design Elements and Provide that the 2020 General Plan Land Use and Community Design Elements Govern During the Period of Suspension.
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.
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.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022
ITEM NO: 1
DRAFT
Minutes of the Town Council Special Meeting – Council Retreat September 17, 2022
The Town Council of the Town of Los Gatos conducted a special meeting in-person to hold a Council Retreat and provided the public an opportunity to participate either in public or via Teleconference on Saturday, September 17, 2022, at 10:30 a.m.
MEETING CALLED TO ORDER AT 10:30 A.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc.
Absent: None
RETREAT OVERVIEW
i. Council Retreat
Council discussed the following:
- Council March 5, 2022 Retreat Summary
- Council Values, Principles, and Norms
- Public Communications and Community Engagement
VERBAL COMMUNICATIONS FOR ITEMS ON THE AGENDA
Lee Quintana
- Commented on transparency and would like more information on the individual reason each Council Members vote on an item.
Council discussed the next steps.
MEETING ADJOURNED
Meeting adjourned at 1:50 p.m.
Attest:
_____________________________________
Wendy Wood, Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting – Closed Session September 20, 2022
The Town Council of the Town of Los Gatos conducted a special meeting utilizing teleconference 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.) and Town of Los Gatos Resolution 2021-044 on Tuesday, September 20, 2022 to hold a Closed Session at 5:30 p.m.
MEETING CALLED TO ORDER AT 5:30 P.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Marico Sayoc (all participating remotely).
Absent: Council Member Matthew Hudes.
VERBAL COMMUNICATIONS
None.
THE TOWN MOVED TO CLOSED SESSION ON THE FOLLOWING ITEM:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 4 New York Avenue (Venue) (APN: 529-27-024), a portion of New York Avenue from the west side of Pleasant Avenue to the terminus, and all of Chicago Avenue Negotiating Parties: Town of Los Gatos
Negotiator: Arn Andrews, Assistant Town Manager and Los Gatos-Saratoga Union High School District, Potential Buyer and/or Lessee
To Be Negotiated: Price and terms of payment for the purchase, sale, exchange or lease
ADJOURNMENT
Closed Session adjourned at 5:51 p.m.
Attest: Submitted by:
____________________________ ___________________________ Jenna De Long, Deputy Town Clerk Laurel Prevetti, 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: 10/04/2022
ITEM NO: 3
DRAFT
Minutes of the Town Council
September 20, 2022
The Town Council of the Town of Los Gatos conducted a regular meeting utilizing teleconference 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.) and Town of Los Gatos Resolution 2021-044 on Tuesday, September 20, 2022 at 7:00 p.m.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Rob Rennie, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Marico Sayoc (participating remotely).
Absent: None
CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney, stated Council met as duly noted on the September 20, 2022 Closed Session agenda and stated there is no reportable action.
COUNCIL / MANAGER MATTERS
Council Matters
- Vice Mayor Ristow stated she attended the Finance Commission as an observer, Los GatosSaratoga Service Providers meeting, Housing Element Advisory Board meeting, Green Streets for Sustainable Communities meeting, Council Retreat, Fiesta De Arts event, and met with a small group to plan the next steps for the United Against Hate week. - Council Member Sayoc stated in addition to some meetings mentioned by Vice Mayor Ristow, she attended the League of California Cities Peninsula Division meeting. - Council Member Hudes stated he participated in the Break the Stigma Health Fair with Council Member Sayoc, met with Community Emergency Response Team (CERT) members, and announced “HAM Cram” classes have begun which will enable people to get a license to operate a HAM radio, attended the 9/11 Veterans Memorial event, Finance Commission meeting, Finance Forum hosted by the Community Alliance, and the Council Retreat. - Council Member Badame stated she met with the Chamber of Commerce Executive Director and Board President regarding economic vitality, met with several residents to discuss concerns, attended the 9/11 Veterans Memorial event.
- Mayor Rennie stated he attended a Bay Area Air Quality Management District (BAAQMD) regular and closed session meetings, Valley Transportation Authority (VTA) Board and Policy Advisory Committee meeting, 9/11 Veterans Memorial event, Silicon Valley Clean Energy
PAGE 2 OF 6
SUBJECT: DRAFT Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022
Council Matters – continued
Authority Board and Oversight Committee meetings, Finance Commission meeting, Ribbon Cutting for Grocer and Goddess and Designs by Mish, met with the Chamber of Commerce with Vice Mayor Ristow, met with residents to discuss United Against Hate activities, VTA Board Workshop, BAAQMD Stationary Source and Climate Committee meetings.
Manager Matters
- Announced a community meeting on Senate Bill 9 will be held on September 21 via teleconference regarding parameters for a potential permanent ordinance. - Announced a community meeting for Blossom Hill Road will be held on September 22 at 7:00 p.m. via teleconference to discuss potential safety improvements by the elementary school.
- Announced Screen on the Green will take place at Oak Meadow Park on Friday, September 23 with activates starting at 6:00 p.m.
- Announced the Library will be closed to the public on September 29 for a service day. - Announced Boards, Commission, and Committee recruitment is underway and stated applications and more information can be found on the Clerk webpage, interviews will take place on December 13 in the evening.
- Announced the Draft Housing Element is available for review, comments are encouraged and must be submitted by September 27 at 5:00 p.m.
CONSENT ITEMS
1. Approve Draft Minutes of the September 6, 2022 Closed Session Town Council Meeting.
2. Approve Draft Minutes of the September 6, 2022 Town Council Meeting.
3. 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. RESOLUTION 2022-059
4. Authorize the Town Manager to Execute a First Amendment to the EMC Planning Group Inc.
Agreement for Completion of the Housing Element Update as Proposed by the Firm for a Not to Exceed Total of $455,329 and authorize Revenue and Expenditure Budget Adjustments up to the Amount of $172,894 ($131,500 Plus 10 Percent Contingency) from the Available General Plan Update Deposit Account.
5. Consider the following in support of repair of a storm drainage system at 62 Ellenwood Avenue:
a. Approve the Plans and Specifications;
b. Authorize Advertising the Project for Bid;
c. Authorize the Town Manager to Award and Execute a Construction Agreement in an Amount Not to Exceed $300,000, Including Contingencies; d. Authorize Staff to Execute Future Change Orders in an Amount Not to Exceed Ten Percent of the Contract Award Amount, If Needed; and
e. Authorize Expenditure Budget Adjustment in an Amount of $113,400 From Available Funds in Fund 46.
PAGE 3 OF 6
SUBJECT: DRAFT Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022
Consent Calendar - continued
6. Authorize the Town Manager to Execute a Second Amendment to a Special Services Agreement with Liebert Cassidy Whitmore (LCW) to Increase Compensation in the Amount of $50,000 for a Total Contract Amount Not to Exceed $230,000.
7. Authorize Payment of Up to An Additional $25,000 to Colantuono, Highsmith & Whatley, PC for a Total Payment Not to Exceed $115,000 for Fiscal Year 2021-22.
8. Authorize Revenue and Expenditure Budget Adjustments in the Amount of $5,000 to Recognize Receipt and Expenditure of California State Library Grant Funds.
Council Member Hudes pulled item #4.
Opened public comment.
Dick Konrad, Community Health and Senior Services Commission (CHSSC) Chair - Commented on the Community Health and Senior Service Commission’s goals for the year.
Closed public comment.
MOTION: Motion by Vice Mayor Ristow to approve items 1-8, exclusive of item 4. Seconded by Council Member Hudes.
VOTE: Motion passes unanimously.
VERBAL COMMUNICATIONS
Kylie Clark
- Commented in support of temporary cooling, heating, and smoke shelters.
Susan Testa
- Commented in support of moving the Christmas Parade to Sundays instead of Saturdays.
Catherine Somers
- Commented on the Los Gatos magazine article recognizing the luminaries in town and moving the Christmas Parade earlier in the morning or on Sunday instead of Saturday.
Jack Lucas
- Introduced himself as the Trustee for the West Valley Mission Community College District 5 and a Board member for the Los Gatos Community Concert Association, and commented on the Town supporting the Los Gatos Community Concert Association.
PAGE 4 OF 6
SUBJECT: DRAFT Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022
OTHER BUSINESS
9. Discuss Roles and Responsibilities of the Community Health and Senior Service Commission and the Senior Service Committee and Provide Direction to Staff.
Arn Andrews, Assistant Town Manager, presented the staff report.
Opened public comment.
Tom Picraux, Senior Service Committee Chair
- Commented on the Senior Service Committee Roadmap for senior services in Los Gatos and is supportive of option two.
Jeffrey Blum, (CHSSC) Commissioner
- Commented concerns of the CHSSC operating alongside the Senior Service Committee and is opposed to option three.
George Grossman, CHSSC Commissioner
- Commented concerns with the Roadmap drafted by Senior Service Committee and stated the committee may need to be extended.
Catherine Somers, Senior Services Committee Member
- Commented on the Senior Services Committee and is opposed to sunsetting the committee.
Nancy Pearson, Senior Services Committee Member
- Commented on the Senior Service Committee and agrees with the comments made by Catherine Somers.
Closed public comment.
Council discussed the item.
MOTION: Motion by Council Member Hudes to adopt option two in the staff report to have the members of the Community Health join with the Senior Service Commission in the Senior Service Committee through the completion of the Comprehensive Report.
AMENDMENT: when the completion of the report has occurred, the Council will reevaluate the structure of the Commission depending on the outcome of the report. Seconded by Vice Mayor Ristow.
VOTE: Motion passed unanimously.
PAGE 5 OF 6
SUBJECT: DRAFT Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022
10. Remote Participation:
a. Discuss Remote Participation Expectations for Town Council Members and Commissioners,
b. Approve a Modification as Recommended by the Council Policy Committee to Town Council Policy 2-01: Town Agenda Format and Rules, and
c. Modify Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum for Consistent Language Regarding Excused Absences.
Laurel Prevetti, Town Manager, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item.
MOTION: Motion by Vice Mayor Ristow to approve a modification as recommended by the Council Policy Committee to Town Council Policy 2-01: Town Agenda Format and Rules; and modify Town Council Policy 2-11: Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum for consistent language regarding excused absences with an amendment to include language stating “consistent with the FMLA and California Family Rights Act, absences of up to twelve (12) weeks due to parental leave constitute excused absences.” Seconded by Council Member Hudes.
VOTE: Motion passed unanimously.
11. Receive an Update on a Roadside Fuel Reduction Federal Grant of $750,000 and Recognize a Future Match Commitment of $750,000.
Arn Andrews, Assistant Town Manager, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
Council discussed the item and received the update.
PAGE 6 OF 6
SUBJECT: DRAFT Minutes of the Town Council Meeting of September 20, 2022 DATE: September 20, 2022
Pulled Consent Item
4. Authorize the Town Manager to Execute a First Amendment to the EMC Planning Group Inc.
Agreement for Completion of the Housing Element Update as Proposed by the Firm for a Not to Exceed Total of $455,329 and authorize Revenue and Expenditure Budget Adjustments up to the Amount of $172,894 ($131,500 Plus 10 Percent Contingency) from the Available General Plan Update Deposit Account.
Joel Paulson, Community Development Director, presented the staff report.
Opened public comment.
No one spoke.
Closed public comment.
MOTION: Motion by Council Member Hudes to authorize the Town Manager to execute a first amendment to the EMC Planning Group Inc. agreement for completion of the Housing Element Update as proposed by the firm and authorize revenue and expenditure budget adjustments up to the amount of $131,500 plus the modified contingency amount of $13,150 from the available General Plan Update Deposit account which would apply to the work that is prospective. Seconded by Vice Mayor Ristow.
VOTE: Motion passed unanimously.
ADJOURNMENT
The meeting adjourned at 8:53 p.m.
Respectfully submitted:
_____________________________________
Jenna De Long, Deputy Clerk
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Assistant Town Manager 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: 10/04/2022
ITEM NO: 4
DATE: September 23, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: 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
RECOMMENDATION:
Adopt a Resolution reaffirming Resolution 2021-044 and making findings pursuant to Government Code Section 54953, as amended by Assembly Bill 361, and authorizing the continued use of virtual meetings due to health and safety concerns for the public.
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 2 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: September 23, 2022
DISCUSSION (Cont):
AB 361 requires 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.
Town Council adopted Resolution 2021-044 on October 5, 2021 regarding Brown Act compliance and teleconferencing pursuant to Government Code Section 54953, as amended by AB 361, and adopted resolutions on the following dates reaffirming Resolution 2021-044:
November 2, 2021 adopted Resolution 2021-046
November 16, 2021 adopted Resolution 2021-048
December 7, 2021 adopted Resolution 2021-054
December 21, 2021 adopted Resolution 2021-059
January 18, 2022 adopted Resolution 2022-001
February 1, 2022 adopted Resolution 2022-003
February 15, 2022 adopted Resolution 2022-004
March 1, 2022 adopted Resolution 2022-006
March 15, 2022 adopted Resolution 2022-009
April 5, 2022 adopted Resolution 2022-013
April 19, 2022 adopted Resolution 2022-017
May 3, 2022 adopted Resolution 2022-021
May 17, 2022 adopted Resolution 2022-031
June 7, 2022 adopted Resolution 2022-032
June 21, 2022 adopted Resolution 2022-037
July 12, 2022 adopted Resolution 2022-048
August 2, 2022 adopted Resolution 2022-050
August 16, 2022 adopted Resolution 2022-055
September 6, 2022 adopted Resoluiton 2022-056
September 20, 2022 adopted Resolution 2022-059
CONCLUSION:
Adopt a Resolution reaffirming Resolution 2021-044 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.
PAGE 3 OF 3
SUBJECT: Adopt a Resolution Regarding Brown Act Compliance and Teleconferencing DATE: September 23, 2022
COORDINATION:
This report was coordinated with the Town Attorney and Town Manager’s offices.
FISCAL IMPACT:
There will be no fiscal impact to the Town at this time.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Draft Resolution
1 of 3
Resolution 2022 - October 4, 2022
RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REAFFIRMING RESOLUTION 2021-044 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 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 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
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
ATTACHMENT 1
2 of 3
Resolution 2022 - October 4, 2022
WHEREAS, the Town Council of the Town of Los Gatos approved Resolution No. 2021- 044 on October 5, 2021, declaring the need for the Town Council, Boards, Commissions, and Committees to continue to meet remotely in order to ensure the health and safety of the public; and
WHEREAS, the Town of Los Gatos remains in a state of emergency due to the continuing spread of COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention 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 are at a higher risk of severe illness due to COVID-19; and WHEREAS, that the Santa Clara County Public Health Department continues to recommend that public bodies meet remotely to the extent possible; and WHEREAS, the Town’s public meeting facility is indoor and not designed to ensure circulation of fresh/outdoor air, and not designed to ensure that attendees can remain six (6) feet apart; and
WHEREAS, holding in-person meetings would encourage community members to come to Town facilities to participate in local government, and some of them would be at high risk of severe illness due to COVID-19; and
WHEREAS, technology exists that allows full participation from members of the public without requiring in-person attendance at a Town Council, Board, Commission, or Committee meeting.
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 continue to 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 and as contained in Resolution 2021-044 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,
3 of 3
Resolution 2022 - October 4, 2022
meeting inperson would present imminent risks to the health or safety of attendees of inperson meetings ofthis legislative body and all Town advisory bodies 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 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 4
th day of October 2022, 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: __________________
ATTACHMENT 1
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: Assistant Town Manager, Community Development Director, Town Attorney, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 ● www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022
ITEM NO: 5
DATE: September 29, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement with M-Group for Consultant Services as Provided in the Senate Bill 2 Los Gatos Planning Grant Program Application by Increasing Compensation to a Total Not to Exceed Amount of $130,279 Including Contingencies and Authorize a $67,279 Revenue Budget Adjustment to Recognize the Grant Receipt
RECOMMENDATION:
Authorize the Town Manager to execute a second amendment (Attachment 1) to the agreement with M-Group for consultant services as provided in the Senate Bill (SB) 2 Los Gatos Planning Grant Program Application by increasing compensation to a total not to exceed amount of $130,279 including contingencies and authorize a $67,279 revenue budget adjustment to recognize the grant receipt.
BACKGROUND:
On November 5, 2019, the Town Council adopted Resolution 2019-053 to authorize application for and receipt of Planning Grant Program funds, including execution of an agreement with the California Department of Housing and Community Development (HCD) by the Town Manager.
Planning staff submitted an application with a proposal to develop objective standards for the review of qualifying housing development applications.
The Town received approval of the application and entered into an agreement with HCD to receive reimbursable grant funding for the proposed scope of work in an amount not to exceed $160,000. The agreement with HCD required the Town to apply for reimbursement by February 28, 2022, and subsequently the Town confirmed that HCD has extended the agreement with the Town until September 30, 2023.
PAGE 2 OF 3
SUBJECT: SB 2 Planning Grant Program Planning Consultant Agreement Second Amendment
DATE: September 29, 2022
BACKGROUND (continued):
Staff sent out a request for qualifications (RFQ) to provide services for preparation of objective standards for the review of qualifying housing development applications as provided in the Town of Los Gatos SB 2 Planning Grant Program application. Staff received proposals from four firms. After reviewing the submittals and conducting interviews, staff concluded that M-Group planning consultants provided the best fit, capacity, and professional expertise for the proposed scope of work.
On March 16, 2021, the Town Council authorized the Town Manager to execute an agreement with M-Group for the proposed scope of work to be completed by February 28, 2022, consistent with the terms of the HCD agreement. The estimated cost to complete the proposed scope of work was $88,185.
On March 1, 2022, the Town Council authorized the Town Manager to execute a first amendment to the agreement with M-Group to increase compensation and extend the agreement to September 30, 2023. The revised agreement was for a not to exceed amount of $107,679.
DISCUSSION:
To date, the project initiation phase has been completed, including review of State legislation and existing Town guidelines and standards, and collation of feedback received from five meetings with the Planning Commission subcommittee. On February 22, 2022, the first of two community engagement meetings were conducted to gather feedback from residents and stakeholders. On May 12, 2022, a preliminary draft of the objective standards was presented and discussed at a second community engagement meeting. Based on the feedback from the Planning Commission subcommittee and the community, staff and M-Group developed Draft Objective Standards and presented them to the Planning Commission on June 22, 2022. The Planning Commission provided feedback and recommended modifications which were then reviewed by Planning Commission on August 24, 2022, and September 14, 2022.
The original scope of work agreed upon by the Town and M-Group has evolved, and now that the Planning Commission has provided their full recommendation M-Group has provided a memo summarizing what is expected for the remainder of the process (Attachment 1, Exhibit A). The change in project scope and additional meetings requires a contract amendment of $22,600. The estimated total cost to complete the revised scope of work is now $130,279 (Attachment 1, Exhibit A). The revised cost is within the reimbursable grant funding under the existing agreement with HCD.
PAGE 3 OF 3
SUBJECT: SB 2 Planning Grant Program Planning Consultant Agreement Second Amendment
DATE: September 29, 2022
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute a second amendment to the agreement with M-Group (Attachment 1) by augmenting the total agreement amount by $22,600 due to changes in the project scope to include additional public hearings and document revisions. This change would result in a total agreement cost of $130,279, including the contingency.
COORDINATION:
This report has been coordinated with the Town Manager’s Office, Town Attorney’s Office, and the Finance Department.
FISCAL IMPACT:
The amendment to the agreement would increase the total agreement amount for the project by $22,600 to $130,279. The cost of the revised project would be reimbursed by an equal amount of grant revenue received. While this project is executed through multiple fiscal years, the grant reimbursement will be collected at the completion of the project during the current fiscal year. Staff is recommending a revenue budget adjustment of $67,279 (from $63,000 to $130,279) for the anticipated grant receipts.
ENVIRONMENTAL REVIEW:
Environmental review is not required for this agreement as it is not a project defined by the California Environmental Quality Act (CEQA).
Attachment:
1. Draft M-Group Second Amendment to an Agreement with Exhibit A
This Page
Intentionally
Left Blank
SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS SECOND AMENDMENT TO AGREEMENT is dated for identification this 4 th day of
October 2022 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and M-Group, (“Consultant”), whose address is 51 E. Campbell Ave. #1247, Campbell, CA 95009. This Agreement is made with reference to the following facts.
RECITALS
A. The Town and Consultant entered into an Agreement dated March 16, 2021 (the “Agreement”), to provide Planning Consultant Services for preparation of objective standards for review of housing development applications as provided in the Town of Los Gatos SB 2 Planning Grant Program.
B. The Town and Consultant entered into a First Amendment to the Agreement dated March 1, 2022 (the “First Amendment”).
C. The Town and Consultant wish to enter into a Second Amendment to the Agreement to amend the Scope of Services and increase the compensation.
AMENDMENT
1. Section 2.1, “Scope of Services,” is amended to reference the “Scope of Services” described in Exhibit A to this Second Amendment.
2. The first sentence of Section 2.6, “Compensation,” is amended to read: “Compensation for Consultant’s professional services shall not exclude $130,279 inclusive of all costs.
3. All other terms and conditions of the Agreement and First Amendment remain in full force and effect.
ATTACHMENT 1
IN WITNESS WHEREOF, the Town and Consultant have executed this First Amendment Agreement as of the date indicated above.
Town of Los Gatos: Consultant:
By: _______________________________ By: _________________________________ Laurel Prevetti Geoff Bradley,
Town Manager M-Group (Metropolitan Planning Group)
Department Approval:
__________________________________
Joel Paulson
Director of Community Development
Approved as to Form:
__________________________________
Gabrielle Whelan
Town Attorney
Attest:
_________________________________
Wendy Wood
Town Clerk
a new design on urban planning
1 ADDITIONAL SCOPE OF SERVICES
M-Group proposes adjustments to the existing scope of work and budget for the contract to prepare Objective Standards for the Town of Los Gatos. These adjustments reflect additional work and meetings during the Phase 4 review process to adopt the Objective Standards. The additional effort is in response to Planning Commission direction received during Task 4.1: Planning Commission Meeting.
The existing contract specified one (1) Planning Commission Meeting and one (1) Town Council Hearing during the review and adoption process in Phase 4. The additional scope of services provides for M-Group attendance at two (2) additional Planning Commission Meetings and one (1) additional Town Council Hearing. The additional Scope of Services also provides for M-Group to develop additional text and graphic work, as necessary, between those meetings.
The net changes to the project budget and Fee Schedule are $22,600 and are shown in Table 1.
PHASE 4: PRESENTATION AND ADOPTION
Task 4.1A – Planning Commission Additional Meetings
M-Group will prepare materials in coordination with Town staff for two additional meetings of the Planning Commission. Tom Ford, M-Group project manager, will also attend the two additional meetings.
In response to comments and direction from Planning Commission members, M-Group will prepare additional materials and revise existing materials in the Draft Objective Standards documents. This additional work will include collaborating with Town staff on responses to Planning Commission direction; preparation of text edits to successive drafts of the Objective Standards document; and graphic revisions to many of the diagrams illustrating individual Objective Standards.
Task 4.2A – Town Council Additional Meetings
M-Group will plan and budget for a potential second meeting of the Town Council. This Task will not be initiated, unless the Town Council directs at the Task 4.2 Council hearing that additional work on the Draft Objective Standards be undertaken and presented at a second hearing.
Should the Town Council direct for a second hearing, M-Group has budgeted an amount to allow for minor edits and/or revisions to the Draft Objective Standards text; targeted minor updates to the Figures; and attendance at the hearing by Tom Ford, M-Group project manager.
EXHIBIT A
a new design on urban planning
2 TABLE 1
TASK SERVICES COST
4.1A
1 Planning Commission Additional Meetings $17,700
4.2A Town Council Additional Meeting $4,900
Subtotal $22,600
Existing Contract (including contingency) $107,679
TOTAL NOT TO EXCEED $130,279
PREPARED BY: Gitta Ungvari
Interim Finance Director
Reviewed by: Assistant Town Manager 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: 10/04/2022
ITEM NO: 6
DATE: September 19, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Audit Services with Badawi and Associates to Extend the Term of the Agreement
RECOMMENDATION:
Authorize the Town Manager to execute a third amendment (Attachment 1) to the agreement for audit services with Badawi and Associates to extend the term of the agreement.
BACKGROUND:
In 2017, the Town of Los Gatos issued a Request for Proposals (RFP) for qualified independent certified public accounting firms to audit the Town’s financial statements for three fiscal years, with an option to extend the agreement an additional two years with Town Council approval.
A review committee selected Badawi and Associates, Certified Public Accountants as the firm to provide the Town auditing and other optional services. In 2020, the Council approved a first amendment to exercise the option to extend the agreement for an additional two fiscal years and in 2022 the Council approved a second amendment for additional services of reviewing Measure G revenues and expenditures (Attachment 2).
DISCUSSION:
For the past five years, Badawi and Associates has provided the following services for the Town:
The annual audit of the basic financial statements in accordance with Governmental Accounting Standards and preparation of the Town’s Comprehensive Annual Financial Report;
PAGE 2 OF 2
SUBJECT: Third Amendment to the Agreement for Audit Services with Badawi and Associates
DATE: September 19, 2022
DISCUSSION (continued):
A report communicating information related to the audit to those in charge of governance (Town Council) at the conclusion of the audit; A management letter containing any comments or recommendations resulting from the review of systems of internal controls in connection with the financial audit; A Single Audit for grant funding if required under the Title 2 U.S. Code of Federal Regulations; and
Optional services including the preparation of the annual report of financial transactions to the State Controller.
In addition to Badawi and Associates completing the aforementioned services, the Town contracted with Badawi to complete a review of Measure G revenues and expenditures for the period from March 1, 2019 to June 30, 2021 per Measure A. This additional service was approved as part of the Second Amendment and the firm requires additional time to complete this work.
CONCLUSION:
Authorize the Town Manager to execute a third amendment to the agreement for audit services with Badawi and Associates to extend the term of the agreement to complete the review of Measure G revenues and expenditures.
FISCAL IMPACT:
Funds for this amendment are included in the Town’s Fiscal Year 2022/23 Operating and Capital Budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Third Amendment to provide auditing and optional services with Badawi and Associates.
2. First and Second Amendment and Original Agreement with Badawi and Associates.
1 Badawi & Associates – Third Amendment
ATTACHMENT 1
THIRD AMENDMENT TO AGREEMENT
This THIRD AMENDMENT TO AGREEMENT is dated for identification this 19th day of September 2022 and amends that certain agreement for audit services dated May 24, 2017, made by and between the Town of Los Gatos, ("Town,") and Badawi & Associates. (“Consultant”)
RECITALS
A. Town and Consultant entered into an auditing services Agreement on May 24, 2017, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Third Amendment.
B. Town and Consultant entered into a First Amendment to the Agreement on March 6, 2020, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit B to this Third Amendment.
C. Town and Consultant entered into a Second Amendment to the Agreement on June 21, 2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit C to this Third Amendment.
AMENDMENT
1. Section 2.2 – Term and Time of Performance is hereby amended to state this contract will remain in effect from June 1, 2017 to October 30, 2022.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos Approved as to Consent:
By: _______________________________ By:________________________ Laurel Prevetti, Town Manager Ahmed Badawi, CPA
Department Approval:
_______________________________________
Gitta Ungvari
Interim Finance Director
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, Town Clerk
DocuSign Envelope ID: 7C6E2A74-26D9-43EC-B7A0-EDCD4D5B2590
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 2l51 day of June 2022 and amends that certain agreement for audit services dated May 24, 2017, made by and between the Town of Los Gatos, ("Town,") and Badawi & Associates. ("Consultant")
RECITALS
A. Town and Consultant entered into an auditing services Agreement on May 24, 2017, ("Agreement"), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Second Amendment.
B. Town and Consultant entered into a First Amendment to the Agreement on March 6, 2020, ("Agreement"), a copy of which is attached hereto and incorporated by reference as Exhibit B to this Second Amendment.
AMENDMENT
1. Section 2.6 - Compensation is hereby amended to add $5,400 for a total Agreement amount not to exceed $173,385.
2. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos
By:Ci::::z-;� 7/14/2022
fo3F1=t:A21=839470
Laurel Prevetti, Town Manager
Department Approval:
�;:igu�
� 8007F92FD 1 084 FF
Gitta Ungvari
Interim Finance Director
Approved as to Form:
l_i;"�&Y'Wlu,b,
-m=ro,s=.,,,.-···--------- Gabrielle Whelan, Town Attorney Badawi & Associates - Second Amendment
1 Attest:
Approved as to Consent:
1-DocuSigned by:
By:! U�t-J, f;�Jo.;»i
I 3Uc�D''M"'" .. ------ Ahmed Badawi, CPA
/-DocuSigned by:
I
�B'9l5'6oF6'5Bl"F34=.----------
���
Shelley Neis, MMC, Town Clerk
ATTACHMENT 2
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Attorney and Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022
ITEM NO: 7
DATE: September 26, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Amending the Enabling Resolution of the Senior Service Committee and Rescind Resolution 2021-035
RECOMMENDATION:
Adopt a resolution amending the Enabling Resolution of the Senior Service Committee and rescind Resolution 2021-035.
BACKGROUND:
On March 2, 2021, the Town Council held a joint session with the Community Health and Senior Service Commission (CHSSC) to hear the Commission’s goals for the coming year. The Council indicated its strong interest in the work of the Commission in light of the inclusion of senior services as a new Council Strategic Priority for FY 2021-2023.
Councilmembers requested that the Commission review the current senior service provision in Town and help identify any gaps that exist in senior services. On June 15, 2021, the Town Council received the Community Health and Senior Service Commission’s (CHSSC) assessment report on senior service provision in Los Gatos. At the conclusion of the discussion, Council provided direction to staff to return to Council with recommendations for establishing a Senior Service Committee.
On August 3, 2021, the Town Council adopted a Resolution 2021-035 establishing a Senior Service Committee (Attachment 1). While Council’s original motion included the entirety of the CHSSC, staff at the time recommended two members from the Commission, the Chair and the Youth Commissioner.
PAGE 2 OF 2
SUBJECT: Senior Service Committee Resolution Amendments DATE: September 26, 2022
DISCUSSION:
On September 20, 2022, the Town Council received a staff report (Attachment 2) seeking additional clarity regarding the roles and responsibilities of the Senior Service Committee and the Community Health and Senior Service Commission. The staff report provided several options for updated governance structures and at the conclusion of the item the Town Council adopted Option 2. Option 2 provides that all members of the CHSSC be included as Committee members on the Senior Service Committee as originally envisioned. An amendment to the motion also directed that when the Committee has completed their roadmap report the Council will reevaluate the structure again.
In addition, staff is taking this opportunity to make an administrative update and delete individual names referenced for organizations in the event individuals change while the Committee is still in existence.
Attachment 3 provides redline amendments to the Senior Service Committee enabling Resolution reflecting the Council action.
CONCLUSION:
Adopt amendments to the Enabling Resolution of the Senior Service Committee and rescind Resolution 2021-035.
COORDINATION:
This staff report was coordinated with the Town Manager, Town Clerk and Town Attorney.
FISCAL IMPACT:
None.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution 2021-035
2. September 20 Staff Report
3. Amended Enabling Resolution
ATTACHMENT 1 Page 97
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Manager 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: 09/20/2022
ITEM NO: 9
DATE: September 7, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss Roles and Responsibilities of the Community Health and Senior Service Commission and the Senior Service Committee and Provide Direction to Staff
RECOMMENDATION:
Discuss roles and responsibilities of the Community Health and Senior Service Commission (CHSSC) and the Senior Service Committee and provide direction to staff.
BACKGROUND:
On March 2, 2021, the Town Council held a joint session with the Community Health and Senior Service Commission (CHSSC) to hear the Commission’s goals for the coming year. The Council indicated its strong interest in the work of the Commission in light of the inclusion of senior services as a new Council Strategic Priority for FY 2021-2023.
Councilmembers requested that the Commission review the current senior service provision in Town and help identify any gaps that exist in senior services. On June 15, 2021, the Town Council received the Community Health and Senior Service Commission’s (CHSSC) assessment report on senior service provision in Los Gatos. At the conclusion of the discussion, Council provided direction to staff to return to Council with recommendations for establishing a Senior Service Committee.
On August 3, 2021, the Town Council adopted a Resolution 2021-035 (Attachment 1) establishing a Senior Service Committee. The Resolution included the following:
ATTACHMENT 2 Page 100
PAGE 2 OF 3
SUBJECT: Senior Committee and CHSSC Review
DATE: September 7, 2022
BACKGROUND (continued):
“WHEREAS, The Committee should develop a long-term vision and strategic plan through extensive community outreach, including workshops, that would culminate in a comprehensive report of how best to serve the needs of the Town’s older adult community…”
On June 21, 2022, the Town Council unanimously approved the Senior Services Roadmap Goals as recommended by the Senior Service Committee (Attachment 2).
DISCUSSION:
At the August 23rd CHSSC meeting, Commissioners inquired about the future role of the Senior Service Committee given that it appears it has almost completed the mandate per their enabling Resolution. Several Commissioners observed that the Senior Committee appears to be transitioning to implementation in several areas which is not envisioned within that Committee’s Resolution. And lastly, Commissioners opined that if the Senior Committee is to proceed with implementation in certain areas, then the Council should clarify its vision for the role of the CHSSC. Attachment 3 contains the enabling Resolution for CHSSC.
Staff believes Council could consider at least three options to alleviate any confusion regarding roles and responsibilities between the two advisory bodies.
Option 1
Once the Senior Service Committee completes its final Comprehensive Report, the Town Council could establish an implementation committee called the Senior Services Roadmap Implementation Committee that would maintain all the existing members of the current Senior Service Committee and be under the purview of the CHSSC. Since the charter and intent of the Senior Services Committee would have been met, the Council could sunset the existing committee and direct it to move under the oversight of the CHSSC.
Option 2
When initially establishing the configuration of the newly formed Senior Service Committee, it was originally envisioned to include all members of the CHSSC. At the time, staff was concerned about the size of the newly constituted Committee and recommended that only two CHSSC Commissioners be on the Committee who would then report back to the full Commission. Having facilitated the Senior Committee for the past year, staff no longer has concerns about expanding the size of the Committee to include the full membership of the CHSSC.
PAGE 3 OF 3
SUBJECT: Senior Committee and CHSSC Review
DATE: September 7, 2022
DISCUSSION (continued):
Option 3
Council could maintain the existing Committee and Commission structures and provide specific direction on roles and responsibilities through amendments to both of the enabling resolutions.
CONCLUSION:
Council should review the three options and provide direction as to how it wishes to proceed.
There may be other alternatives that the Council may wish to explore.
COORDINATION:
This staff report was coordinated with the Town Manager and Town Attorney.
FISCAL IMPACT:
There is no fiscal impact associated with this report.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Senior Service Committee Enabling Resolution
2. Senior Service Committee Roadmap Goals
3. CHSSC Enabling Resolution
ATTACHMENT 3
• County Department of Aging Representation - One (1) member DiaRa Miller • Healthcare Provider Representation - One {1} member Graee BeRliee (Director of Care CoordiRatioR) El CamiRo Hospital
THEREFORE, BE IT RESOLVED:
1. There is hereby a Senior Service Committee for the Town a. The Committee shall be advisory to the Town Council and shall operate in a manner hereinafter described.
2. Membership/Organization
a. The Commission shall consist of seventeenh•JeI¥e (112-) members.
Membership composition shall be �ven twe { Z-2-) CHSSC Commissioners, two (-2) Councilmembers, one (1) service club representative, one {!&Re) Chamber representative, two (2) service provider representatives, two (2) senior community leaders, one (1) County representative, and one {l} healthcare provider representative.
b. Committee members shall serve without compensation.
c. The Committee shall hold monthly regular meetings.
d. The Committee shall establish a regular time and location for its meetings and shall otherwise call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act {Government Code Sections 54950 and following). e. Staff services as required shall be provided to the Committee by the Town Managers Office, or designee, who shall also serve as Secretary of the Committee without vote.
f. Meeting attendance requirements will conform with all current Town Resolutions and Policies.
g. A record of all minutes and resolutions of the Committee shall be kept and shall be a public record.
3. Powers and Duties.
The duties of the Senior Service Committee shall be to:
a. Act in an advisory capacity to the Town Council in the development of a longterm vision and strategic plan for senior service provision; and related topics as directed by the Town Council or requested by Town staff.
4. Not to affect powers of the Town Council. Nothing in this resolution shall be construed as restricting or curtailing any of the powers of the Town Council, or as a delegation to the Senior Service Committee of any of the authority or discretionary powers vested and imposed by law in such Council.
2of3
Resolution 2021 - August 3, 2021
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of October 2022 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ______ _
Resolution 2021 -
3of3
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: _______ _
August 3, 2021
PREPARED BY: Salina Flores
Human Resources Director
Reviewed by: Assistant Town Manager, Town Attorney, and Interim 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: 10/04/2022
ITEM NO: 8
ITEM NO:
DATE: September 21, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve an Amendment to the Management Salary Schedule to Establish a New Classification Title and Salary Range for Finance and Accounting Manager
RECOMMENDATION:
Approve an amendment to the management salary schedule (Attachment 1) to establish a new classification title and salary range for Finance and Accounting Manager.
BACKGROUND:
The Town of Los Gatos Personnel Rules and Regulations (Section 4.4) and the Municipal Code (Section 2.30.925) require that amendments and revisions to the salary schedule/classification plan are effective upon approval by Town Council. Changes must be presented to Council for approval as part of the formal budget adoption, through the labor negotiations process, or as needed.
DISCUSSION:
Staff is proposing to add the new classification of Finance and Accounting Manager to the current management salary schedule. The proposed classification will be fiscally aligned with the existing Finance and Budget Manager salary range of $132,307 to $178,614 annually. The addition of the new classification of Finance and Accounting Manager, in conjunction with the current Finance and Budget Manager classification, will provide flexibility in future recruiting efforts to meet the specialization requirements of the Finance Department.
PAGE 2 OF 2
SUBJECT: Approve an Amendment to the Management Salary Schedule to Establish a New Classification Title and Salary Range for Finance and Accounting Manager.
DATE: September 21, 2022
CONCLUSION:
Staff is requesting the approval of an amendment to the salary schedule/classification plan to establish a new classification title and salary range for Finance and Accounting Manager.
FISCAL IMPACT:
This agenda item modifies the management salary schedule. The Finance and Budget Manager position is budgeted and currently vacant. The cost to fill one of the positions will be absorbed into the Department’s existing operating budget.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Town of Los Gatos Salary Schedule for Town Council and Management Classifications effective October 5, 2022, with the proposed change
Town of Los Gatos Town Council and Management Classifications Salary Schedule for Fiscal Year 2022/23
Effective October 5, 2022
Class
Code Classification Title Annual Salary
Minimum
Annual
Salary
Maximum
2615 Assistant Parks & Public Works Director/Town Engineer $ 146,041 $ 197,155 2110 Assistant Town Manager $ 173,596 $ 234,355
2420 Chief Building Official $ 132,307 $ 178,614
2400 Community Development Director $ 169,358 $ 228,633 2180 Community Outreach Coordinator $ 91,353 $ 123,326
2130 Economic Vitality Manager $ 125,930 $ 170,005
2315 Finance and Accounting Manager * $ 132,307 $ 178,614 2310 Finance and Budget Manager $ 132,307 $ 178,614
2300 Finance Director $ 165,232 $ 223,063
2200 Human Resources Director $ 153,434 $ 207,136
2900 Information Technology Manager $ 132,307 $ 178,614 2800 Library Director $ 153,434 $ 207,136
2820 Library Division Manager $ 100,836 $ 136,129
2600 Parks & Public Works Director $ 169,358 $ 228,633
2645 Parks & Public Works Operations Manager $ 114,087 $ 154,017 2630 Parks & Public Works Superintendent $ 132,307 $ 178,614 2412 Planning Manager $ 132,307 $ 178,614
2510 Police Captain $ 157,270 $ 212,314
2500 Police Chief $ 177,936 $ 240,213
2545 Police Records & Communication Manager $ 122,858 $ 165,859 2140 Senior Administrative Analyst $ 98,376 $ 132,808
2650 Senior Civil Engineer $ 125,930 $ 170,005
2000
Town Attorney - Council Appointed (Effective 9/19/21, Adopted by Town Council 11/16/21) $ 249,900
2190 Town Clerk $ 132,307 $ 178,614
2100
Town Manager - Council Appointed (Effective 8/22/21, Adopted by Town Council 11/16/21) $ 267,750
2655 Transportation & Mobility Manager $ 122,858 $ 165,859 2905 Urban Forest Manager $ 114,087 $ 154,017
1000
Town Council (Effective 1/1/19 Pursuant to Ordinance Adopted by Town Council on 2/6/18)
Management salaries reflect a spread of 35% to the top of the range. *Proposed October 4, 2022
$570 Stipend per month,
for a total compensation of
$6,840 per year
Attachment 1 Page 108
PREPARED BY: Wendy Wood, Town Clerk
Reviewed by: Assistant Town Manager, Town Attorney, and Interim 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: 10/04/2022
ITEM NO: 9
DATE: September 29, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution to Accept the Elections Official’s Certification of the Sufficiency of the Petition of the Referendum of Resolution 2022-046 RECOMMENDATION:
Adopt a Resolution (Attachment 1) to Accept the Elections Official’s Certification of the Sufficiency of the petition of the Referendum of Resolution 2022-046.
BACKGROUND:
On June 30, 2022, the Town Council adopted Resolution 2022-046, adopting the 2024 General Plan to update the 2020 General Plan, along with the Final Environmental Impact Report (EIR).
On August 15, 2022, the proponents of the referendum to repeal the Land Use and Community Design Elements of the adopted 2024 General Plan filed with the Elections Official the petitions containing a total number of 3,417 signatures. On August 17, 2022, the petition was delivered by the Elections Official to the Santa Clara County Registrar of Voters Office (ROV) for signature verification.
DISCUSSION:
Pursuant to California Elections Code Section 9115, subdivision (a), the County of Santa Clara Registrar of Voters (ROV) examined the signatures on the referendum petitions. Based on the applicable report to the California Secretary of State, there were 21,978 registered Los Gatos voters in April of 2022. Pursuant to California Elections Code Section 9237, the number of valid signatures required to qualify the referendum petition would be 10% of the 21,978, for a total of 2,198 valid signatures. At the request of the Town Clerk, the ROV used the random sampling method which includes an examination of at least 500 or 3% of the signatures, whichever is greater.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution to Accept the Elections Official’s Certification of the Sufficiency of the Petition of the Referendum Against Resolution 2022-046 DATE: September 29, 2022
DISCUSSION (continued):
In accordance with Election Code Section 9115, the ROV examined 500 random signatures and notified the Town Elections Official of the results on September 27, 2022 (Attachment 2). The total number of valid signatures was 445. Based on this number the petition has a projected number of 2,961 (134.7%) estimated valid signatures. Per Election Code Section 9115, subdivision (b), the statistical sampling meets the minimum number of signatures requirement of 2,198 and the statistical sampling is over 110 percent.
Pursuant to California Elections Code Section 9115, subdivision (f), if the petition is found sufficient, the Elections Official shall certify the results of the examination to the Town Council at the next regular meeting of the Council. Based on these results, the Elections Official is certifying that the petition meets the 10% valid signature requirement of registered voters to place the referendum on the ballot.
CONCLUSION:
Pursuant to Elections Code Section 9237, the Town Council must reconsider a resolution that has been challenged by a procedurally sufficient and duly certified referendum petition.
Accordingly, staff will agendize this item for a future Town Council meeting. When the Council reconsiders the resolution, it may repeal the resolution or place it on the ballot for consideration by the voters.
COORDINATION:
This report was coordinated with the Town Clerk, Town Attorney, and Town Manager’s office.
FISCAL IMPACT:
The estimated costs of the signature verification of the random sample of 500 signatures from the ROV are $4,900 - $6,400. The estimated cost of placing a measure on the next general Town election has not yet been determined.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Resolution with Exhibit A – Santa Clara County Registrar of Voters Certificate of Results
1 of 2
Resolution 2022- Council Meeting Date
DRAFT RESOLUTION 2022-
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING THE ELECTION OFFICIAL’S CERTIFICATION OF SUFFICIENCY OF THE REFERENDUM PETITION FOR RESOLUTION 2022-046
WHEREAS, on June 30, 2022, the Town Council adopted Resolution 2022-046, adopting the 2024 General Plan to update the 2020 General Plan, along with the Final Environmental Impact Report (EIR); and
WHEREAS, on August 15, 2022, the proponents of the referendum to repeal the Land Use and Community Design Elements of the adopted 2024 General Plan filed with the Elections Official petitions containing 3,417 unverified signatures; and WHEREAS, to qualify, the proponents were required to obtain signatures of ten percent (10%) of the of the 21,978 registered voters of the Town for a total of 2,198; and WHEREAS, the Town Clerk and Town Attorney found that the petition’s form complies with the Elections Code; and
WHEREAS, on August 17, 2022, the petition was delivered to the Santa Clara County Registrar of Voters Office (ROV) for signature verification; and WHEREAS, in accordance with Election Code Section 9115, the ROV examined 500 random signatures and notified the Town Elections Official Elections of the results; WHEREAS, on September 27, 2022, the ROV certified that the Petition has a projected number of 2,961 (134.7%) estimated valid signatures and the statistical sampling is over 110 percent.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos does declare and determine, that pursuant to Election Code Section 9115 subsection (f), the Town Elections Official has submitted the certified results of the random sample signature examination of the referendum petition for Resolution 2022-046 as verified by the Santa Clara County Registrar of Voters Office (Exhibit A).
ATTACHMENT 1
2 of 2
Resolution 2022- Council Meeting Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 4
th day of October 2022 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSTAINED:
ABSENT:
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: __________________
PREPARED BY: Holly Young
Senior Management Analyst
Reviewed by: Assistant 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: 10/04/2022
ITEM NO: 10
DATE: September 28, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt the Updated Town Social Media Policy as Recommended by the Policy Committee
RECOMMENDATION:
Adopt the updated Town Social Media Policy as recommended by the Policy Committee.
BACKGROUND:
At its January 25, 2022 meeting, the Council Policy Committee added an update to the Town’s Social Media Policy, including guidelines for Elected/Appointed Officials, to its workplan for 2022.
At its September 27, 2022 meeting, the Council Policy Committee unanimously agreed to forward a recommendation to the Town Council to approve proposed updates to the Town Social Media Policy (see Attachment 1).
The Town’s current Social Media Policy went into effect on September 2, 2015 (see Attachment 2). In the past seven years since this Policy went into effect, much has changed regarding Social Media utilization and peer best practices. The Town’s use of social media has increased substantially, social media platforms and government best practices have evolved, and Assembly Bill 992 (AB 992) was passed in 2020 amending the Brown Act to provide social media guidance for public officials.
The Social Media Policy is a public-facing document that is linked on Town social media accounts. It works in tandem with Town staff administrative procedures and especially the Town Communication Plan (Attachment 3).
PAGE 2 OF 3
SUBJECT: Social Media Policy Updates
DATE: September 28, 2022
DISCUSSION:
As part of the update process, staff examined the Town’s current social media best practices, consulted with the Town Attorney and the inter-Departmental Town Communication Team, examined resources offered by staff membership in the Government Social Media Organization (a professional association for public sector social media professionals), and reached out to other communications professionals in municipalities throughout Santa Clara County. Attached to this report are sample policies from Cupertino (Attachment 4), Los Altos (Attachment 5), Monte Sereno (Attachment 6), Gilroy (Attachment 7), and Government Social Media Organization (Attachment 8).
The proposed 2022 Social Media Policy in Attachment 1 provides substantial updates to the existing policy based on current Town best practices and research into broader public sector social media best practices.
Some internal guidance in the 2015 Social Media Policy is now captured in the Town Communication Plan (e.g., staff procedures for opening a new Town social media account) and has been removed from the proposed 2022 Policy.
An overview of the major proposed additions to the Policy is as follows:
Adds definitions for the key terms in the Policy.
Provides clear guidelines for content that is acceptable for posting on Town social media accounts.
Provides clear guidelines for content that shall not be permitted in connection with Town social media accounts and is subject to removal.
Adds guidance for Elected/Appointed Town officials who choose to use social media.
This includes important information regarding violations of the Brown Act consistent with the update provided by AB 992 pertaining to public officials’ use of social media.
CONCLUSION:
In order to ensure the Policy remains current and relevant as social media utilization and practices have changed and evolved, staff recommends that the Town Council adopt the updated Social Media Policy in Attachment 1 as recommended by the Policy Committee.
PAGE 3 OF 3
SUBJECT: Social Media Policy Updates
DATE: September 28, 2022
COORDINATION:
This report was coordinated with the Town Attorney, Town Manager’s Office, and representatives across Town Departments through the inter-Departmental Communication Team.
FISCAL IMPACT:
There is no associated fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Proposed 2022 Social Media Policy
2. Current Social Media Policy
3. Town Communication Plan
4. Cupertino Social Media Policy
5. Los Altos Social Media Policy
6. Monte Sereno Social Media Policy
7. Gilroy Social Media Policy
8. Government Social Media Organization Social Media Policy
Attachment 1
COUNCIL POLICY MANUAL
TITLE: Social Media Policy POLICY NUMBER: 2-16
EFFECTIVE DATE: September 2, 2015 PAGES: 1 of 7
ENABLING ACTIONS: REVISED DATES:
APPROVED:
PURPOSE
The Social Media Policy governsthe operation of social media accounts by the Town of Los Gatos (“Town”), its Departments, and Town Elected/Appointed Officials to ensure that the community has access to timely, useful, and important information. The intended purposes of these Town social media accounts are to disseminate information regarding the Town’s mission, meetings, current issues, programs, projects, services, and events; strengthen relationships; foster communication; and engage the community.
The Town has an important interest in assuring the accuracy and consistency of information associated with its social media accounts. The Town also respects the First Amendment to the United States Constitution and the constitutional right to freedom of speech. This Policy also establishes guidelines for the public’s use of social media that balances these values.
Social media users who submit content to any official Town social media account acknowledge they have read, understand, and agree to the Town’s terms and conditions by virtue of such use.
This Policy is not meant to address one particular form of social media; rather social media in general as advances in technology will occur and new tools will emerge.
DEFINITIONS
Town Social Media Account – An official account or page on social media maintained by the Town of Los Gatos.
Elected/Appointed Town Officials – Town Mayor, Vice Mayor, Councilmembers, and people appointed by the Council to serve on a legislative body such as a Town Board, Commission, Committee.
Small Town Service Community Stewardship Future Focus
TITLE: Social Media Policy PAGE:
2 of 7
POLICY NUMBER:
Post – The addition of information of any kind in the form of text, links, graphics, photos, videos, etc. to social media.
Social Media – Publicly accessible technologies used to publish and/or share information using the internet. Examples of social media include: Nextdoor, Facebook, Instagram, Twitter, LinkedIn, and YouTube.
SCOPE AND AUTHORITY
This Policy applies to all employees of the Town including temporary personnel, interns, volunteers, or other individuals performing work and/or engaged in external communications on the Town’s behalf and to Town Elected/Appointed Officials.
Town employees shall operate Town social media accounts and post items on behalf of the Town only as authorized and in conjunction with the Town Communication Team consistent with the administrative procedures outlined in the Town Communication Plan.
GENERAL POLICY
Town employees shall follow these general guidelines when posting items to social media and/or operating the Town’s social media accounts. Employees should also refer to and comply with the Town’s Communication Plan.
1. The Town’s official website (www.LosGatosCA.gov) will remain the Town’s primary means of digital communication. When possible, social media posts should contain a link directing viewers to the Town website for more information.
2. Posts should specifically address information regarding Town services, Departments, officials, programs, safety and disaster preparedness, emergency alerts, meetings, recognition, recruitment, history, community, and/or offerings specifically related to or originating from the Town.
The Town may post information from Town Departments, Town government agency partners, organizations that are under contract with the Town for programming (e.g., Music in the Park, Los Gatos-Saratoga Recreation, etc.), and/or relevant media outlets (local, regional, State).
The Town may post information from non-profits providing housing or philanthropic services in Los Gatos with whom the Town has a contractual partnership. Information from non-profits providing housing or philanthropic services in Los Gatos that are not in
TITLE: Social Media Policy PAGE:
3 of 7
POLICY NUMBER:
a contractual partnership with the Town may be “shared” on the Town’s social media accounts, but not posted directly to the Town’s social media accounts.
The Town may post information from the official sites or accounts of local, State, and Federal government or quasi-government agencies.
The Town may post information from utility, energy, water, recycling, waste management and/or other Los Gatos service providers. Examples include: PG&E, Silicon Valley Clean Energy, West Valley Collection & Recycling, etc.
The Town reserves the right to deny requests to post external links or information that do not fall into any of these categories.
3. Social media content may include information, graphics, photos, videos, and links.
4. Official Town accounts should clearly identify that they are operated by the Town and use an official Town or Department name and logo.
5. Where possible, this Social Media Policy should be linked on all Town social media accounts.
6. Social media posts will supplement and not replace legally required notices and standard methods of communication.
7. No confidential information may be posted.
8. Posts should not contain any personal information except for the names of employees whose job duties include being available for contact by the public.
9. Posts should be professional, respectful, timely, and factual.
10. All necessary permissions should be obtained prior to posting (e.g., permission to use photos if applicable).
11. All posts must comply with usage rules and regulations required by third party providers of Town social media accounts. The Town reserves the right to report any violation of those rules and regulations to the third party social media providers so that those third party social media providers can take appropriate and reasonable responsive action.
12. Posts must comply with all applicable Town Policies and Procedures pertaining to communications including the Town Communication Plan, employee electronic
TITLE: Social Media Policy PAGE:
4 of 7
POLICY NUMBER:
communications usage requirements, and any restrictions on the forum such as limitations to specified activities or topics.
CONTENT MODERATION
The Town’s social media accounts are limited public forums moderated by Town staff.
Members of the public are invited to view and, where possible, provide comments or other engagement on Town social media accounts in accordance with this Policy and any other restrictions specific to the forum such as limitations to specific activities or topics. Any public comment posted to a Town social media account is the opinion of the commenter. The presence of that content in connection with a Town social media account shall in no way imply Town endorsement of, or agreement with, the content.
The Town may hide and/or delete comments that are not related to the topic of the post or are not protected speech protected by the First Amendment. The Town shall not hide and/or delete comments solely because such comments are critical of the Town or its officials. It is understood that social media is a 24/7 medium and the Town may not see every inappropriate comment right away. The Town is trusting in the community to allow reasonable time for offtopic, inappropriate or harmful speech to be reviewed and/or removed.
The following types of content shall not be permitted in connection with Town social media accounts and will be removed:
1. Content unrelated to the Town or specified post topic.
2. Violent and/or pornographic content.
3. Content promoting discrimination on the basis of race, creed, color, age, religion, sexual orientation, gender, disability, veteran status, national origin, or any other legally protected class.
4. Profane language or content.
5. Solicitations of fundraising or commerce, including but not limited to advertising of any business or product for sale.
6. Violations of any law, threats, and/or promotion of violence or illegal activity.
7. Content compromising public safety or security.
TITLE: Social Media Policy PAGE:
5 of 7
POLICY NUMBER:
8. Content supporting or opposing any political candidate or campaign, including ballot measures.
9. Content that violates a legal ownership interest of any other party.
10. Apparent spam, content posted by automatic software programs (i.e., “bots”), or comments containing links to malware and/or malicious content that affects the normal functioning of a computer system, servers, or browser.
11. Duplicate comments posted repeatedly within a short period of time.
12. Personal attacks or comments containing actual defamation against a person, either as determined by a court or comments that are patently defamatory by easily discovered facts.
13. Private or personal information posted without consent.
Public comments that do not conform with these restrictions shall be removed following approval by the Town Manager or designee in consultation with the Town Attorney. Any public comment removed based on this Policy shall be retained in a manner consistent with the Town’s Records Retention Policy.
NO LIABILITY/GUARANTEE
The Town operates its social media accounts as a public service to provide information about the Town. The Town assumes no liability for any inaccuracies its social media accounts may contain and does not guarantee its social media accounts will be uninterrupted, permanent, or error-free.
All users of social media should review and understand all applicable privacy and other policies, including those established by the third-party social media providers. Town social media accounts may contain content, including but not limited to, advertisements or hyperlinks, over which the Town has no control. The Town does not endorse any hyperlink or advertisement placed on a Town social media account by anyone other than the Town.
Shares, likes, follows, etc. by any Town social media account are not endorsements.
Town social media accounts are not monitored 24 hours a day, seven days a week and no one should utilize Town social media accounts to seek emergency services. Anyone in need of emergency help should call 9-1-1.
TITLE: Social Media Policy PAGE:
6 of 7
POLICY NUMBER:
The Town does not guarantee it will respond to comments or messages on Town social media accounts. The Town will use its discretion in determining when to reply publicly, reply privately, or not reply at all.
ELECTED/APPOINTED OFFICIALS
If Elected/Appointed Town officials have their own social media accounts, the Town recognizes that they may choose, in their individual capacity, to post items relevant to Town business. In such situations, Elected/Appointed Town officials shall make it clear that they are speaking for themselves, not for the Town or for their legislative body. Elected/Appointed Officials shall individually ensure that they comply with all applicable laws, including, but not limited to, the United States Constitution and the First Amendment, the Ralph M. Brown Act, the California Public Records Act, and the Town’s Records Retention Policy.
The Town does not create or provide support for individual social media accounts for Elected/Appointed officials and those who maintain personal social media accounts should be aware that (similar to Town email or any other written or recorded communication related to the official conduct of Town business), digital communications, social media posts, and messages by Elected/Appointed Town officials regarding matters that are related to Town business are subject to laws and policies regarding freedom of speech, records retention and production, and public transparency.
Elected/Appointed Officials are prohibited from using the Town logo or seal or any variation of the Town logo or seal, representing the Town, or representing that they speak on behalf of the Town within their official or personal social account(s).
To avoid violations of the Brown Act, consistent with the update provided by AB 992, Town officials are permitted to use social media to engage in conversations or communications on matters within the subject matter jurisdiction of their legislative body to answer questions, provide information to the public, and/or to solicit information from the public. However, the Brown Act prohibits Elected/Appointed Officials from communicating directly with the social media of any other member of the legislative body on a subject within the legislative body’s jurisdiction. Elected/Appointed Officials should be careful not to post, respond, like, react, share, retweet, etc. any content from another member of their legislative body in a manner that could constitute an improper serial meeting or otherwise violate the Brown Act.
Elected/Appointed Officials may share or like official Town social media account postings. If there is any concern about whether an action or content falls within the Brown Act or other legal limitations, the Elected/Appointed Official should check with the Town Manager and Town Attorney prior to posting.
TITLE: Social Media Policy PAGE:
7 of 7
POLICY NUMBER:
When possible, news of Town-wide importance should first be announced by the Town’s official social media accounts including the Town website. This information can then be shared by Elected/Appointed Officials, linking back to the original post or Town website, when possible.
Unless the Elected/Appointed Official has been designated to serve as a spokesperson, a Town Elected/Appointed Official should never represent themselves as a spokesperson for the entire legislative body or the Town. Elected/Appointed Officials should be mindful of recognizing that accomplishments of the Town or legislative body are achieved by collective action of the entire body or organization.
Digital records relating to public business are required to be handled in a manner capable of maintaining the record for the applicable retention period. Elected/Appointed Officials should avoid deleting comments or blocking individuals on any social media accounts they maintain that are related to Town business. Social media content should be treated the same as any written document retained in accordance with the Town records retention schedules.
When an Elected/Appointed Official engages in public social media discussion on matters related to Town business, it is strongly recommended that the Elected/Appointed Official capture relevant comment threads and forward such communications to the participant’s own Town of Los Gatos email address, the Town Manager, or staff liaison for the legislative body so that such communications are captured and preserved.
RECORDS
There is no expectation of privacy on any of the Town’s social media accounts. Town social media records are subject to the California Public Records Act. Any content maintained on a Town social media account that is related to Town business, including posts, public comments, replies, and information about subscribers/followers, may be considered a public record and subject to public disclosure.
APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney
Title: Social Media
ber 2, 2015
PURPOSE
Revised Date:
Policy Number: 2 -16
Pages: 6
This policy establishes Town -wide guidelines regarding the appropriate use of social media sites that are created for Town purposes. Social media includes, but is not limited to, intemet -based websites that allow two -way communication between the Town and the public, such as social networking and media - sharing websites ( e.g., Facebook, Twitter, Instagram, YouTube) and wikis (e.g., Wikipedia).
A social media site is created for Town purposes when an account is established on a social media website in accordance with this policy. The Town has an overriding interest and expectation in providing the public with accurate information and protecting the rights of the Town and its employees.
Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy.
SCOPE
This policy applies to all employees of the Town and temporary personnel, interns, volunteers, or other individuals performing work and/or engaged in external communications on the Town' s behalf. This policy governs all " Electronic Communications" as defined in the Town' s Electronic Communications and Information Technology Resources Policy and applies to the Internet and any and all forms of social media as defined in Section I ( Purpose) above.
POLICY
The Town of Los Gatos encourages the use of electronic communications to share information in support of its mission ofpublic service and enable it to conduct its business. Electronic communications must be used in compliance with applicable statutes, regulations, and Town policies, including those that require a work environment free from discrimination and harassment.
Title: Social Media
Page: Policy Number: 2 -16
2 A. All electronic communications should conform to the same standards ofpropriety and respect as any other verbal or written communication at the Town. Employees are expected to use common sense and judgment to avoid any communication which is disrespectful, offensive, or illegal. Employees engaged in the use of electronic communications on behalf of the Town are responsible for complying with all Town Administrative policies.
B. While engaging in electronic communications on behalfof the Town, all employees must identify themselves as Town employees. Unless specifically authorized to engage in electronic communications as part of an employee' s official job duties, all other employees must obtain written authorization from his/her Department Director before engaging in electronic communications on behalf of the Town.
C. Employees should not post any information including the contents in any video, photograph, or other electronic media, including but not limited to audio recordings or digital information, which may compromise the safety ofthe Town, its employees, or work product.
D. All electronic media created while on the job is the property of the Town and subject to all federal and state law, as well as Town codes and policies regarding its confidentiality. Both on and off -duty, employees have the responsibility to protect confidential information by not posting such information on social networking sites.
POLICY IMPLEMENTATION
A. Town of Los Gatos social media sites may be used as a supplement to the Town of Los Gatos website for:
1. Marketing/promotional purposes
2. Community engagement purposes
3. Communicating important Town information quickly to a broad audience B. The Town of Los Gatos website will remain the Town government' s primary and predominant Internet presence.
C. Employees will follow the guidelines set forth in the Social Media Use Standards and Best Practices document.
Title: Social Media
Page: Policy Number: 2 -16
3of6
A. Any Town of Los Gatos social media site shall be established and maintained in accordance with the following procedures:
1. The Town will approach the use of social media sites as consistently as possible, Town -wide.
2. Each Town of Los Gatos account established on a social media website must be approved by the Town Manager or his/her designee.
3. For each Town of Los Gatos social media account, the following information will be provided to the Town Manager or his/ her designee within one business day of opening and/ or closing the account and shall be updated within one day ofmaking any changes to the account or account management responsibilities:
a. Account name and login information;
b. Date established;
C. Purpose ofaccount;
d. Employee primarily responsiblefor site management and maintenance; and
e. Date account closed (ifapplicable)
4. Each department will have only one account on any social networking or media - sharing site, unless otherwise approved by the Town Manager or designee.
Account information, including usernames and passwords, shall be provided to the Town Manager or his/her designee in compliance with this policy.
5. For each social media account, a boilerplate section should contain a department/program description and the following language or a link to the following language:
a. "[ Insert department] is a department (or an office) of the Town of Los Gatos, www.losa
osca.gov. This page and/or account is intended to serve as a means for communication between the public and department/office.
Any comment submitted to this page and/ or account and its list of fans, followers, and/ or likes may be considered a public record that is subject to disclosure pursuant to the California Public Records Act."
6. Department Directors shall provide direction to department employees regarding the amount of time spent reviewing and/ or participating in the Town' s
Title: Social Media
social media sites.
Page: Policy N
4of6
7. Each Town of Los Gatos social media site shall be regularly monitored by the employee designated as the site manager for management and maintenance to ensure comments and postings on the Town' s social media sites are in compliance with this policy.
9. In the event that a site receives a posting or other information ofrelevance to another Town department, the employee primarily responsible for the site will promptly notify the other department ofthe fact.
10. The Town of Los Gatos social media sites shall be periodically reviewed by the Town Manager or his/her designee for compliance with this policy. Town of Los Gatos social media posts shall be topic specific.
12. The following Comment Policy disclaimer must be included on the site or from a link on the site whenever comments are enabled:
a. "This page and/ or account is intended to serve as a means of communication between the public and the Town of Los Gatos.
Comments posted to this page and/or account will be monitored during regular Town business hours only. The Town reserves the right to remove comments that include any of the following: language that is profane, discriminatory or sexual in nature, or threatens or defames any person or organization, or violates the legal ownership rights of another party, or supports or opposes political candidates or ballot measures, or encourages or promotes illegal activity, or solicits or promotes commercial services or products, or contains comments that are not topically related to the particular post being commented upon, or compromises the safety or security of the public, public systems, or Town employees. Any content posted to the page and/or account is subject to public disclosure."
13. Whenever possible, information posted on Town of Los Gatos social media sites shall also be available on the Town' s website.
14. Whenever possible, postings on Town of Los Gatos social media sites shall contain links to the Town website to provide the public with access to more in -depth information, forms, documents, or online services.
15. Postings must only contain information that is freely available to the public and not be confidential as defined by any Town policy or state or federal law.
16. Postings may not contain any personal information, except for the names
Title: Social Media
Page: Policy Number: 2 -16
5of6
of the employees whose job duties include being available for contact by the public.
17. When posting a video, the department must secure permission from the author or owner for the right to use all of, or part of a video ifthe video was not produced by the department or any other Town department.
18. All Town of Los Gatos social media sites shall have Town of Los Gatos contact information, the Town logo and a link to site use policies prominently displayed.
19. The Town may cancel or otherwise terminate any Town of Los Gatos social media site at any time, provided, however, those records ofthe site shall be maintained in accordance with the Records Retention Program following cancellation or termination.
20. All content on the Town of Los Gatos social media sites is subject to the Town' s Records Retention Policy.
21. Records must be maintained for at least two years or a longer retention period, as indicated in the Town' s Records Retention Policy, in a format that preserves the integrity of the record and is readily accessible.
22. All content posted to the Town of Los Gatos social media sites shall comply with the Town' s website policy. All content on the Town of Los Gatos social media sites is subject to the California Public Records Act and subject to public disclosure.
23. Use ofthe Town of Los Gatos social media sites by members of the Town Council, Town Commissions, and other official Town committees is subject to the Ralph M. Brown Act (California' s open meeting law).
24. All content on the Town of Los Gatos social media sites should comply with the Town of Los Gatos Electronic Communication and Information Technology Resources policy.
25. Town employees and officials who are using the Town social media sites are expected to represent themselves and the Town in a way that is consistent with this policy.
26. Town of Los Gatos social media sites shall not be used to endorse, support, oppose or comment on any political campaign, ballot measures, social issues, causes, religion, product, service, company, or other commercial entity unless expressly authorized.
27. The use of Town of Los Gatos social media pages and /or accounts for fundraising activities is prohibited in accordance with the Town' s Solicitation and Donation Policy.
hIfi[ i.Y•f.>F11itr[ IF1
Page: Policy Number:
6 28. Any employee authorized to post items on any of the Town' s social media sites shall not express his or her own personal views or concerns through such postings. Instead, postings on any of the Town' s social media sites by an authorized Town employee shall only reflect the views ofthe Town.
29. In the event of an emergency, the Town Manager may suspend, modify or restrict provisions of this policy. In those instances, the policy adjustments are temporary until such time as the Town Manager deems that the emergency is addressed. After the emergency, the temporary policy adjustments will cease and the regular provisions outlined in this document prevail.
APPROVED AS TO FORM:
Robert Schultz, Tot
ttorney
Attachment 3
TOWN OF LOS GATOS
Communication Administrative Plan
Communication Administrative Plan Table of Contents
1. Introduction
2. Communication Mission, Goals, and Objectives
3. Target Audiences
4. Communications Team
5. Current Communication Tools - External
A. Branding and Use of Town Seal
B. General Content Guidelines
C. Website
D. Social Media
E. Staff Reports
F. Media Inquiries
6. Current Communication Tools – Internal
7. Justice, Equity, Diversity, and Inclusion in Communications
8. Emergency and Crisis Communications
9. Appendix
A. Formatting and Branding specifics
B. Visual Brand Guidelines (colors and new logo)
C. Writing Guide (from General Plan)
D. Social Media Policy
E. Accessibility Best Practices
F. Social Media Request Form
G. Photo Release Form
H. Staff Report Sample Template
I. Electronic Communications and Internet Technology Resources Procedure J. Communications Team Members Who Participated in the Preparation of this Plan
1. Introduction
Effective communication, both internal and external, is vital in any organizational environment as a means of promoting the organization’s mission, vision, and values. Due to the rapid growth of alternative communication platforms, such as social media channels, and their use by our residents, it is essential to create a strategic Communications Administrative Plan to assist the many employees and Departments that communicate with the public. Since involving and informing the community is a priority in the Los Gatos Town Council’s decision-making process, the ability to reach residents for their input is extremely important.
The goal of the plan is to improve both external communications with the community and internal communication among departments and employees.
The Town is committed to utilizing a variety of tools to communicate effectively with the media and the public. The benefits include:
Informing the public of the services the Town provides; Promoting the Town’s achievements, activities, and events of significance; Expanding the general visibility of the Town;
Expanding the community’s involvement in decision-making processes; Ensuring that accurate information is conveyed to the public in emergencies and with issues of a controversial and/or sensitive nature; and
Creating and maintaining credibility and ensuring public trust.
In addition to procedural recommendations, this plan formalizes the role of the interdepartmental Communications Team as an integral part of organizational communications by having each member serve as a communications resource in their respective Departments and by meeting on a regular basis to discuss ongoing and emerging communications issues. Appendix J identifies the Communications Team members who contributed to the preparation of this Plan.
2. Communication Mission, Goals, and Objectives:
Town of Los Gatos Communication Mission:
Provide timely, proactive, accurate, coordinated, and relevant public information using a variety of channels to reach as many community members as possible and promotes the Town’s values, demonstrates Town staff expertise, and results in high quality communication. Enhance communication with the residents and businesses in Town and the region by proactively identifying emerging issues, improving long-range communication strategies, and communicating key issues, policy decisions, and actions taken by the Town Council. Foster communication to enhance transparency and credibility with all stakeholders. Promote equal treatment, equitable distribution of and access to resources, and engagement in issues affecting the lives of Los Gatos residents, workers, and visitors.
Goal, Objectives, and Principles:
The Goal of the Town Communication Administrative Plan is to provide guidance on the Town’s expectations, practices, and outcomes for internal communications to Town employees and external communications to the community, agencies, vendors, and other stakeholders interacting with the Town of Los Gatos.
The Communication Administrative Plan strives to accomplish the following Objectives:
1. Support the Town Council’s Vision and Strategic Goals, especially by reporting to specific target audiences on the components, activities, and programs that are advancing the Council’s objectives;
2. Facilitate two-way dialogue between Town government and Los Gatos community members so they have the opportunity to be actively engaged in decision-making and are aware of Town services and activities;
3. Enhance communications at and among all levels of Town government, with the concept that all elected and appointed officials and Town employees are communicators and ambassadors for the organization on a day-to-day basis;
4. Ensure that all communications/marketing materials are coordinated and consistent in design and content, thereby presenting a united and professional image of the Town; and
5. Position Los Gatos as a unique community and destination with a dynamic population and quality of life, along with a local government that is responsive to its residents, while also encouraging their participation.
Effective communications with the media and the public shall be accomplished both responsively and proactively utilizing the following Principles:
Commitment to Collaboration
Tell our story.
Be proactive.
Increase participation.
Enhance accessibility to local government and the services the Town offers. Provide balance: Information provided to the public will be objective, balanced, accurate, informative, and timely.
Commitment to Serving the Community
Provide clear, relevant, and timely information about the Town and its services, projects, achievements, and emerging issues.
Foster public confidence through transparency of decision-making and outcomes. Increase transparency in all communication: The Town promotes openness and accessibility in all communications, whilst complying with the law and maintaining confidentiality when appropriate.
Commitment to Creativity
Promote creative ways to tell our story to our audience. Stay abreast of emerging communication tools and techniques.
Commitment to Character
Use consistent communications both internally and externally. Ensure communication is both accurate and timely.
Provide the community an accurate idea of the Town’s responsibilities, current issues, and opportunities.
Protect and grow positive relations with all stakeholders. Promote honesty by being open and honest and never knowingly mislead the public, media, or staff on an issue or news story.
3. Target Audiences
The process of identifying and prioritizing the Town’s target audiences is a key component of this Communication Plan. Understanding the audience enables the Town to better relate to its social environment and the unique needs of different groups.
Residents/Businesses/Visitors of Los Gatos - The Los Gatos community is the highest priority audience. Strengthening the relationship between Town government and residents, property owners, businesses, and people who come to work, dine, shop, worship, or recreate in Town is the foundation of this Communication Administrative Plan. The audience includes but is not limited to:
local businesses, residents, community-based organization (CBOs), faith-based organizations (FBOs), schools, and all people who come to Los Gatos to dine, work, worship, shop, and recreate. Members of Town Council, Boards, Commissions, and Committees - While these individuals are also residents of Los Gatos, it is important to recognize the work they do on behalf of the Town, and that they communicate on behalf of the Town.
Town Employees - People employed by the Town of Los Gatos are both part of the target audience and are an integral part of the success of the Communication Plan. All employees reflect the values of the Town in their daily work.
News Media - The media outlets are important because their coverage of the Town has significant influence on the public’s view of government. “Media outlets” include a variety of print, web, and broadcast mediums.
4. Communications Team
Coordinated by the Town Manager’s Office, the Communication Team is an interdepartmental team comprised of staff from all Departments and all levels of the Town organization who have responsibility for public information. The Communications Team strives to ensure greater coordination for consistency of messaging, sharing of resources and knowledge, and more effectively plan for, produce, and distribute Town information.
The Communications Team is responsible for the development, implementation, and maintenance of this plan. The Communications Team coordinates and enables the decentralization of communication among Town Departments. The use of this decentralized organization for the implementation of the Communication Administrative Plan compliments the principal of open communication. With decentralization there must be a commitment by Team members to presenting a consistent, focused message to the community.
The Communications Team is comprised of Town employees who are already producing and distributing communications materials within their Departments. Each Department will be responsible for identifying at least one representative for the Team. It will be the responsibility of the Department representative(s) to ensure that the Communication Administrative Plan is promulgated and adhered to within their Departments. The Team members are required to be abreast of best practices by affiliation with media, communication organizations, and participation in relevant training. Team members should track social media metrics to better understand what types of messaging is resonating with the recipients.
The team will meet monthly and implement this plan utilizing a phased approach.
Town Manager
Communication
Team
Department Team
Members
Target Audience
Department Team
Members
Target Audience
Department Team
Members
Target Audience
Target Audience
5. Communication Tools – External
A. Branding and Use of Town Seal
i. The Town seal should be used on all formal, official Town documents and communications.
Examples of appropriate use of the Town seal include:
1. Profile photo for Town main social media accounts
2. Letterhead
3. Forms and applications
4. Slideshows and presentations
5. Town apparel worn by staff while on official Town business
6. Email signature blocks
ii. Specific guidelines for use of the Town seal, creating email signature blocks, and other formatting specifics may be found in the “Formatting and Branding” Appendix. iii. The new Town branding introduced in 2019 may be used for more informal marketing and branding purposes. The design is simple, printer-friendly, and easily identified as associated with the Town of Los Gatos on marketing and promotional materials. Examples of appropriate use of the new branding include:
1. Social media graphics
2. Flyers, banners, and posters
3. Postcards and mailings
4. Promotional materials such as mugs or cups
5. Town apparel worn by staff either while on Town business or outside of work
6. Annual Report
iv. Specific guidelines for use of the new Town branding, including official fonts and Town colors can be found in the “Los Gatos Visual Brand Guidelines” Appendix.
B. General Content Guidelines:
When creating or editing content on the official Town website and social media accounts, authorized users shall:
Be respectful, professional, ethical, and comply with all Town policies, local, State, and Federal laws.
Use plain language and proper grammar. Avoid technical terms or abbreviations unless there is a common understanding of its meaning.
Ensure the information communicated is accurate and complete. If a mistake is made, it should be disclosed and promptly corrected.
Be transparent, truthful, careful, and considerate. Keep in mind that once content is posted online, it will remain in perpetuity.
Stay current and be consistent with the goals of the Town.
When using official accounts, authorized users shall not:
Post personal information, except for the names of Town employees whose job duties include being available for contact by the public.
Post something that makes them feel uncomfortable. Users should trust their instincts and contact a supervisor with any concerns.
Express personal views or concerns through postings.
Reveal any confidential information as defined by any Town policy, or local, State, or Federal law.
Post anything that would infringe upon another’s property rights, such as copyrighted material. Post anything that would injure another person’s or entity’s professional or personal reputation. Post any content that engages in political or religious advocacy. Post any content that is prohibited (as listed below).
The following content is prohibited on all official Town accounts:
Content unrelated to the Town or specified post topic. Violent and/or pornographic content.
Content promoting discrimination on the basis of race, creed, color, age, religion, sexual orientation, gender, disability, veteran status, national origin, or any other legally protected class.
Profane language or content.
Solicitations of commerce, including but not limited to advertising of any business or product for sale.
Violations of any law, threats, and/or promotion of violence or illegal activity. Content compromising public safety or security.
Content supporting or opposing any political candidate or campaign, including ballot measures. Content that violates a legal ownership interest of any other party. Apparent spam, content posted by automatic software programs (i.e., “bots”), or comments containing links to malware and/or malicious content that affects the normal functioning of a computer system, servers, or browser.
Duplicate comments posted repeatedly within a short period of time. Personal attacks or comments containing actual defamation against a person, either as determined by a court or comments that are patently defamatory by easily discovered facts. Private or personal information posted without consent.
C. Website:
The Town website represents the Town as a whole and serves as a primary means for the public to obtain accurate information, complete business, find resources, and participate in Town government. The website demonstrates the Town’s commitment to transparency and accessibility to local government. The purpose of the Town website is to provide pertinent information to the public, conduct business with the Town, and promote Town goals as guided by the Town Council.
The Town’s website provides useful and practical information available to residents, businesses, and visitors.
i. WEBSITE USER DEFINITIONS
1. Website Administrator: Has the ability to edit the Town website in its entirety, manage users, and grant permissions in consultation with the Department Director.
2. Website Back-End User: Has the ability to edit Department pages with direction from the Department Director or Website Administrator.
3. Narrow Access User: Has the ability to edit only specific pages (i.e., Department interns may be granted narrow access to specified Department pages) ii. WEBSITE BEST PRACTICES
1. All requests for new Website Administrator and Website Back-End Users must first be approved by the Department Director.
2. Each Department has the responsibility of maintaining and editing their own webpages. Questions regarding user permissions or content should be directed to the Town Manager’s Office.
3. Whenever possible, link to the source of information instead of creating a separate document that would require oversight and updates.
4. Limit content to relevant Town-related material.
5. Department landing pages should have a brief introduction to the Department with relevant links and a consistent appearance.
6. Reviews and updates to Department webpages should be done as needed and at least annually.
7. Content added to the website should be designed to be as accessible as possible to people with disabilities (see Appendix F).
8. Information should be accessible with the fewest “clicks” possible. iii. EXTERNAL LINKS
1. Information and links from external sources posted on the Town website should specifically address information regarding Town services, Departments, officials, programs, safety and disaster preparedness, emergency alerts, meetings, recognition, recruitment, history, community, and/or offerings specifically related to or originating from the Town.
The Town may post Town-affiliated or Town-sponsored information from Town Departments, Town government agency partners, relevant media outlets (local, regional, State), and/or organizations that have co-sponsored an event with the Town.
The Town may post information from non-profits providing housing or philanthropical services in Los Gatos that the Town has partnered with or sponsored an event with.
Events from non-profits providing housing or philanthropical services in Los Gatos that the Town has not partnered with or sponsored the event with should not be posted on the Town website.
The Town may post information from the official sites or accounts of local, State, and Federal government or quasi-government agencies.
The Town reserves the right to deny requests to post external links or information that do not fall into any of these categories.
2. The following links are prohibited on the Town’s official website:
a. Links to personal websites;
b. Links to commercial or religious websites (except as allowed by the above criteria);
c. Links to sites associated with, sponsored by, or serving a candidate for elected office, any political party, or organization supporting of seeking to defeat any candidate from elected office or ballot proposal; d. Links to websites with obscene or objectionable images or text; and/or
e. Links which point to content on the Town’s intranet or other servers inside the Town’s firewall.
D. Social Media:
Social media refers to websites and applications that enable users to create and share content.
Examples of current social media channels the Town utilizes are Facebook, Instagram, Twitter, LinkedIn, and Nextdoor. Many people engage with the Town via social media. These channels are important tools for the community to learn of events, obtain news, and receive emergency notifications. The Town recognizes the importance social media to improve communication and interaction with the public while reaching new and broader audiences in addition to traditional media sources. The Town endorses the use of these tools, realizing the positive effect they can have on employees, the community, and the business of the Town. It is critical that the information going out on these social media channels is both engaging and accurate. i. New Social Media Accounts:
1. Before opening new accounts, Town Departments and Town Boards, Commissions, and Committees should check with the Town Communications Team for review and for submittal to the Town Manager for approval.
2. Departmental accounts will be managed and maintained by the Department.
3. Town Board, Commission, or Committee accounts will be managed and maintained by the Committee’s Town staff liaison. Committee members may be granted editing rights to certain social media pages, and the liaison will maintain page administrative rights.
4. Use of social media accounts by Town Boards, Committees, and Commissions is subject to the Ralph M. Brown Act (California’s open meeting law).
ii. Authorized Social Media Users:
1. Only authorized staff may post on official social media accounts as authorized social media users. Social media users are authorized by the Department Director and Town Manager.
2. Authorized social media users will regularly review and comply with the Town’s policies on use of official accounts including the Social Media Policy.
3. Authorized social media users should monitor, use, and interact on official accounts only during regular work hours. This restriction does not apply to employees that are classified as FLSA “Exempt.” In the event of an emergency incident, social media users may be asked to monitor, use, and interact on official accounts outside of regular work hours.
4. Social media requests for posting content on pages managed by the Town Manager’s Office should be submitted by staff, in writing using the Social Media Request form, to their Department Director. Once approved by the Department Director, social media requests are routed through the Town Manager’s Office for posting. Please see the “Social Media Request Form” Appendix and this form is available on the Town’s Shared Drive.
5. Authorized Department staff may post on official social media accounts using the Tier System outlined below as a guide:
Tier 1 (Post freely as needed)
b. Safety – Road closure, inclement weather, public health and safety concerns, upcoming construction, etc.
c. Town Information/Meetings/Programming/Events – Special events, Town programs and services, upcoming meetings,
recognition, recruitment, etc.
d. Community – Parks and trails, Los Gatos history, available Town services, etc.
e. How to – Contact a specific Department, apply for a permit, view a Council meeting, etc.
Tier 2 (Requires Supervisor/Director/Potentially Town Manager Approval)
f. Information that requires research and interpretation or is highly controversial or politically charged.
Tier 3 (Requires Town Manager Approval)
g. Critical Incident
h. Press Release
iii. Interacting with Other Social Media Accounts
1. As a general rule, the Town social media accounts only follow social media accounts associated with Town business. The Town should not endorse individuals or specific businesses. However, interacting with other social media accounts can be a useful tool in informing residents about Town activities, policies, and issues. Authorized
social media users should use sound judgment when interacting with other social media accounts because those interactions may be easily misinterpreted.
Interacting or sharing, as used in this document, includes, but is not limited to:
“likes,” “tweets,” “posts,” or “following” on social media platforms. a. The Town should not like or follow the accounts of individual community members or campaign accounts.
b. It is acceptable for the Town to follow social media accounts of other public municipalities, public agency partners (i.e., County Fire Department), local non-profit groups or organizations providing housing or philanthropic services in Los Gatos, or local businesses.
2. When considering interacting with non-Town social media accounts consider the following:
a. Read all information in the original and any other relevant post, tweet, or link thoroughly before interacting with it to ensure that it accurately enhances community knowledge about Town activities, issues, policies, and priorities. If the content does not specifically address the Town, it should be of relevant regional interest to the particular official account’s audience.
b. Provide information that is consistent with the Town’s goals. c. Clearly identify the external source of the information (post, tweet, link, etc.)
3. Authorized social media users are encouraged to interact with other social media accounts operated by the Town, other government agencies, or businesses that are promoting the Town’s projects or goals. The following are some examples of appropriate accounts for comments, likes, or post sharing:
a. Other governments or quasi-government agencies relevant to the subject matter.
b. Individual pages of Town Departments (i.e., Police Department, Library), Town government agency partners, and/or organizations that are under contract with the Town for programming (e.g., Music in the Park, Los Gatos-Saratoga Recreation, etc.
c. Non-profit organizations providing housing or philanthropic services in Los Gatos (The Town may post information from non-profits providing housing or philanthropical services in Los Gatos with whom the Town has a contractual partnership. Information from non-profits providing housing or philanthropical services in Los Gatos that are not in a contractual partnership with the Town may be “shared” on the Town’s social media accounts, but not posted directly to the Town’s social media accounts.).
d. Relevant media outlets (local, regional, state).
e. Utility, energy, water, recycling, waste management and/or other Los Gatos service providers. Examples include: PG&E, Silicon Valley Clean Energy, West Valley Collection & Recycling, etc.
iv. Managing Public Comments:
1. The goal of utilizing social media accounts is to keep the community engaged, and to position the Town as a reputable and reliable source of timely and accurate information. Therefore, questions, comments, and direct messages via the Town’s social media channels should be responded to as promptly as possible. When comments appear rude in nature, one polite response should be provided; do not engage in a back and forth with the user.
2. Public comments are allowed on official accounts. To the extent possible, an appropriate legal disclaimer should be posted to the account. An example of the legal disclaimer is as follows:
“This page and/or account is intended to serve as a means of communication between the public and the Town of Los Gatos. Comments posted to this page and/or account will be monitored during regular Town business hours only. The Town reserves the right to remove comments that include any of the following:
language that is profane, discriminatory or sexual in nature, or threatens or defames any person or organization, or violates the legal ownership rights of another party, or supports or opposes political candidates or ballot measures, or encourages or promotes illegal activity, or solicits or promotes commercial services or products, or contains comments that are not typically related to the particular post being commented upon, or compromises the safety or security of the public, public systems, or Town employees. Any content posted to the page and/or account is subject to public disclosure. Town of Los Gatos Facebook page is a department (or an office) of the Town of Los Gatos, www.losgatosca.gov. This page and/or account is intended to serve as a means for communication between the public and department/office. Any comment submitted to this page and/or account and its list of fans, followers, and/or likes may be considered a public record that is subject to disclosure pursuant to the California Public Records Act.”
3. Individuals shall not be blocked and content on official accounts shall not be deleted simply because they are critical of the Town, its officials, or employees, or because the agency or authorized user otherwise dislikes what the content says or represents. Content may be deleted only when it violates the Town Social Media Policy. Any content removed from an official account must be approved by the Town Manager in conjunction with the Town Attorney and retained in accordance with the California Public Records Act.
4. Freedom of speech should be protected on all posts. In general, comments should not be deleted unless absolutely necessary. Threats should not be deleted and should instead be forwarded to law enforcement. Comments should generally be allowed on all posts. Keywords should not be blocked. Hiding comments decreases
public transparency and should not be done. Keep in mind that the public is able to recognize internet “trolls.”
5. Content that violates the social media platform’s guidelines may be reported directly to the platform.
6. Any content published on an official account may be considered a public record for purposes of the California Public Records Act and subject to the Town’s Records Retention Policy.
v. Use of Images:
1. Any photos of the public posted to Town social media accounts must be taken in a plainly visible public space without a reasonable expectation of privacy, unless consent for the photo to be used on social media has been given. People may be asked for permission to use their photos on Town social media when possible. A Photo Release Form may also be signed when appropriate. Please see “Photo Release Form” Appendix.
2. No images should be posted that infringe on property rights, such as those protected by copyright.
3. Town events, activities, and programs should have the following information posted so that photographs may be used on social media:
“By entering event premises you consent to photography, video, and audio recording and their release to be used for print, website, advertising and/or social media for promotional purposes by the Town of Los Gatos staff or representatives. Images and video may be used to publicly highlight events or promote similar future events for the Town of Los Gatos. By entering the event premises you waive all rights you may have to any claims in connection with use, publication, print distribution, and/or digital distribution, of these images or recordings for promotional purposes. You release the Los Gatos Library and the Town of Los Gatos, its officers and employees, and all persons involved from any liability connected with the taking of images, the recording of audio and video, and their publication. You have been informed of your consent, waiver of liability, and release before entering the event.” vi. Emojis, Hashtags and Other Trends Unique to Social Media:
The Town is walking a delicate line between professionalism and engagement, using the clearest method available to convey the message. Some trends (i.e., hashtags) are beneficial for users and staff to search for content or to share content with an appropriate audience, so it’s acceptable to use them when appropriate. vii. Best Practices:
1. The Town’s social media communications should drive people to the Town’s website for more in-depth information.
2. If a question or comment is common knowledge or within the social media user’s area of expertise, they should answer the question or respond to the comment.
3. If a question would be better answered by another staff member, refer the question to that person. If a timely response is received, provide both the response and contact information for the appropriate Department in the reply. If a timely response is not received, provide the appropriate Department’s contact information and alert them to the question.
4. In the case of a controversial comment, highly-charged political comment, or a comment that requires a response from a Director level or above, forward the comment to the Director and copy the Town Manager.
5. Give credit where credit is due - if citing other site’s content, indicate where the content came from.
6. Social media passwords should be changed at least once per year for security.
7. All social media accounts should include a link to the Social Media Policy.
8. The Town should adhere to all rules/guidelines of the social media platforms used for Town social media accounts. For example, Facebook does not allow “dummy” accounts to be used to manage official Government pages. If the platform’s guidelines are not followed, the Town risks losing access to its Town social media accounts.
viii. Personal Use of Social Media:
While the Town does not monitor employees’ personal social media accounts, the following are suggested guidelines to follow when referring to the Town in order to ensure a distinction between sharing personal and agency views/information.
1. While employees may voluntarily choose to engage with the Town on its official social media accounts, the Town does not require any employee to follow or “like” official social media accounts.
2. The Town does not condone the personal use by employees of social media during the working hours by any means, including by using Town-owned equipment.
Employees have no right or expectation of privacy when using Town-owned devices or systems. The Town reserves the right to monitor, search, or disclose employee use of Town resources.
3. When an employee uses social media in a personal capacity, they are doing so for themselves and they are not speaking nor communicating on behalf of the Town.
Employees should make certain that it does not appear that they are speaking or posting for the Town unless authorized to do so.
4. The personal use of social media by an employee in a manner that violates any Town policy or procedure will not be tolerated and may be grounds for disciplinary action.
Employees are expected to comply with the same ethical and performance standards
online as in the workplace. Using social media in a way that adversely impacts a job, coworkers, the Town, or the public is prohibited. Employees may not use their official Town email address to create or maintain any personal social media accounts or sites.
5. Employees may not post any content on the internet or social media that constitutes or contains Town confidential, proprietary, privileged, private, personal, or other nonpublic information.
6. Employees are prohibited from using the Town logo or seal, representing the Town, or representing that they speak on behalf of the Town within their personal social media accounts or sites. Employees must also make clear in any online activity that the views and opinions they express about work-related matters are their own, have not been reviewed by the Town, and do not necessarily represent the views and opinions of the Town.
E. Staff Reports:
Staff reports should demonstrate skills in strategic and creative thinking, analysis, and communication.
They should tell the Town’s story and serve as a legacy. Available online, staff Reports are read by Town Council, Board/Committee/Commission members, Town staff, and the general public. Staff reports should also serve as the primary way for employees to communicate with the Town Council. Any email communications with Council Members should go through the Town Manager with copy to the appropriate Department Director.
Before beginning to write a staff report, employees should consider the topic, the audience, and the required action. Examples of required actions could be for the Council to receive information, approve or deny a request, adopt resolutions or ordinances, or act on other Town business.
Staff reports should be written using the staff report template with subheadings. A question and answer format may be best for complex items. All relevant topics should be referenced, including analysis, alternatives, recommendations, coordination with other Departments, environmental review, and community input. The overall goal of the staff report should be to “tell the story” and help the Town Council make the informed decisions for the community. For a sample template, please refer to the Clerk Department.
F. Media Inquiries:
Per the Town Council Code of Conduct Policy, the Mayor is acknowledged as the official Town spokesperson. When media inquiries are received, they should be forwarded to the Town Manager who in turn will reach out to the Mayor. Depending on the nature of media inquiry, the Mayor may opt to delegate a response to the Town Manager who in turn may delegate a response to subject matter experts within the Town.
6. Current Communication Tools – Internal
Internal communications form a foundation that impacts the total performance of an organization. An open culture that encourages dialog, trust, and camaraderie at all levels fosters enhanced staff effectiveness, improved morale, and increased engagement with external stakeholders. i. Organizational Values:
The Town’s organizational values form a basis for internal and external communications. These are:
ii. Objectives:
The key objectives of Town internal communications are:
a. Trust: Create a culture of trust, transparency, and shared vision to enhance service performance.
b. Culture: Develop communications that foster an atmosphere conducive to open, honest, and respectful communication among all employees.
c. Resources: Provide employees with tools to support them as contributors to the Town organization and empower them to deliver service excellence to the community. d. Engagement: Build employee awareness and engagement through communication of the Town’s vision and priorities, service and accomplishments, as well as legacy and history. iii. Information Flow:
Information flow should be prioritized at all levels of the Town. The Town Manager should keep the entire organization and Town Council abreast of issues and policies which impact the Town organization.
Directors and managers should regularly communicate policy and big picture decisions that affect the Department to staff in a way that reflects the values and objectives mentioned above. Directors should ensure their staff is equipped with the information, training, knowledge, and tools they need to perform their duties as expected. Departments and Directors should meet on a regular schedule (at least monthly) to share information and work collaboratively.
Interdepartmental communication and collaboration is also an essential function of the Town.
Departments should leverage technology as a productive internal communication tool (i.e., Microsoft Teams groups, chats, teleconference calls, email, etc.). Each Department should have at least one staff member present at regular Town Communication Team meetings to serve as a communication liaison for that Department.
iv. Training:
Department Directors should foster the career development of their employees through relevant training, support tools, and other resources. Staff members who regularly interact with the public should be supported with training to strengthen customer service, resolving difficult situations, and other key communication skills. Inter-Department mentoring and job shadowing is another option to promote growth. As circumstances permit, employees may consider regional training programs, such as the Santa Clara County Leadership Program and the Leadership Los Gatos Program. The Human Resources Department periodically offers Town-wide training and each Department is encouraged to find relevant training for its staff.
7. Justice, Equity, Diversity, and Inclusion in Communications The Town of Los Gatos is committed to inclusivity and all Town Departments shall use a lens of justice, equity, diversity, and inclusion in their work. This commitment to inclusivity should be reflected in all internal and external communications.
a. Gender Neutrality.
Gender-neutral language should be used to avoid word choices which may be interpreted as biased, discriminatory, or demeaning by implying that one sex or gender is the norm. References to binary male and female groupings can be alienating for those who don’t fall neatly into one of those categories. Even for people who do identify as male or female, constant reminders of gender may have an impact and may change the perception of men and women as more different than they really are. Some examples of gender-neutral language are as follows:
1. Use the pronoun “they” for a single person instead of “he” or “she.” Using “he” or “she” requires us to assign a gender to an individual and you cannot always guess someone’s preferred pronoun by their appearance or name.
2. Refrain from using “Mr,” “Ms,” “Mrs,” or “Miss.” “Mx” provides an alternative to being identified by gender.
3. When referencing family members, use gender-neutral terms like “partner,” “sibling,” and “child.”
4. Use gender-neutral form of occupations such as flagger, server, mail carrier, police officer, fire fighter, Council Member, or flight attendant. b. Freedom of Speech and Hate Speech.
The Town welcomes differences of opinion and will work to ensure everyone’s rights to free speech.
However, hate speech in any form will not be tolerated. Hate speech is understood as any kind of communication in speech, writing, or behavior that attacks or uses pejorative or discriminatory language with reference to a person or group on the basis of their religion, ethnicity, nationality, race, descent, gender, disability, or other identity factor. This is often rooted in and generates intolerance and hatred and can be demeaning and divisive.
Hate speech is a menace to social stability and peace. As a matter of principle, the Town must confront hate speech at every turn. Addressing hate speech does not mean limiting or prohibiting freedom of speech; instead, it is critical to keep hate speech from escalating into something more dangerous, particularly incitement of discrimination, hostility, and violence.
Any observed hate speech should be immediately reported to the Town Manager and Town Attorney.
c. Graphic Design.
Graphic design should represent the audience it is speaking to and be broad, diverse, and inclusive.
Graphics that are used on the Town website, social media platforms, and elsewhere should represent people of different races, ethnicities, nationalities, cultures, disabilities, gender, sexualities, ages, economic status, and religions.
d. Diverse Outreach.
Any public outreach should be directed at all community members, regardless of income, religious or political affiliation, race, color, gender, disability, religion, or national origin. Diversity and inclusion efforts must be bolstered by a strong culture of civic engagement in the Town’s decisionmaking processes. When applicable, communications should engage all members of the public, including individuals and groups who have not typically been involved in Town decision-making and civic life. Town staff should consider collaborating with local organizations and partners to share information and strengthen historically marginalized communities’ capacity to participate in local planning, governmental affairs, and policy decision-making. Public outreach should convey that Los Gatos is a place where all should feel welcome and where the dignity, health, rights, and privacy of all residents, businesses, and visitors are respected. Public communications should promote equal treatment, equitable distribution of and access to resources, and engagement in issues affecting the lives of residents, workers, and visitors.
e. Accessibility.
Every effort should be made to ensure communications are as accessible as possible. The Town shall ensure that it complies with all applicable provisions of the Americans with Disabilities Act (ADA).
Accessible communications benefit all audiences by making information clear, direct, and as easy to understand as possible. People have different communication needs, and by developing Town materials accordingly, the Town can reach a broader audience and give more people the opportunity to communicate with the Town. All Town communications should be as effective for individuals with disabilities so that they derive the same result, benefit, or level of achievement in Town programs, activities, and services as provided to persons without disabilities.
1. Face-to-Face Situations. When you meet a person who may have a disability that affects their communication, treat them with respect and make eye contact. Speak naturally and clearly. Always politely tell the person if you do not understand their message.
a. If the person is hearing impaired, make sure they can see your mouth and that you are in a well-lit environment.
b. If the person has a communication assistant, speak directly to the individual and not just the assistant.
c. If the person uses a communication device, be patient and wait for them to construct their message. Do not rush them.
d. If the person has difficulty understanding you, try writing the words down or using pictures or diagrams.
e. You may ask what you can do to make communication go smoothly if it is not clear.
2. Written Communications. Use plain language when producing written information.
Plain language is a style of writing that uses everyday language at approximately a fifth-grade reading level. It uses short, simple words and sentences that are no longer than about 15 words. Some people may need reading materials in alternate formats such as large print or electronic copy. Some people may need human assistance to support them to read and understand a document.
3. Public Meetings. The need for translation services at Town events and meetings can be provided if notified in advance, including the types of services and requested languages.
4. Town Website. Website content must be robust enough that it can be interpreted reliably by a wide variety of user agents (browsers, software, etc.), including assistive technologies. For best practices regarding how to design the Town website content to be as accessible as possible, please see the Appendix “Website Accessibility Best Practices.”
8. Emergency and Crisis Communications:
Declared Emergencies and Emergency Operation Center Activation
1. In non-Police Department related emergencies and disasters, the Public Information Officers (PIOs) from the Management Section of the Town’s Emergency Operations Center (EOC) will assume management for communications. In these circumstances, emergency communications will be coordinated in alignment with Section 6 of the Town of Los Gatos Emergency Operations Plan (EOP).
2. In addition, the Town makes emergency preparedness information available to the Town of Los Gatos community through social media and the Town website. Further, the Town Manager’s Office will provide special emphasis on specific hazards throughout the calendar year, aiding in the disaster preparation and education of the communities within the Town.
3. In emergencies that require mass notification the Los Gatos-Monte Sereno Police Department (LGMSPD) will utilize Nixle, AlertSCC, and Twitter following their internal protocols for mass notification.
4. In addition to the mass notification capabilities of the LGMSPD, in the event of emergencies the Town may request mass notification form the Santa Clara County Office of Emergency Management and Santa Clara County Fire Department.
9. Appendix:
A. Formatting and Branding specifics
B. Visual Brand Guidelines (colors and new logo)
C. Writing Guide (from General Plan)
D. Social Media Policy
E. Accessibility Best Practices
F. Social Media Request Form
G. Photo Release Form
H. Staff Report Sample Template
I. Electronic Communications and Internet Technology Resources Procedure J. Communications Team Members Who Participated in the Preparation of this Plan
City of Cupertino
Social Media Policy
Attachments:
Effective Date:
5/12/2020
Responsible Department:
City Manager’s Office
Related Policies & Notes:
Prior versions: 2012
1. Purpose
This Social Media Policy establishes guidelines for the creation and operation of Social Media Accounts by the City of Cupertino (“City”) to ensure that the public has access to timely, useful, and important information. The intended purpose of these City Social Media Accounts is to disseminate information regarding the City’s mission, meetings, current issues, programs, projects, services, and events.
2. Definitions
“City Social Media Account” means an account on Social Media authorized by the City as described in this policy.
“Elected/Appointed City Officials” means City Councilmembers and people appointed by the Council to serve on an advisory body (e.g., commission, committee, task force). “Post” means the addition of information of any kind (e.g., text, links, photos, videos) to Social Media.
“Public Comment” means a Post made in connection with a City Social Media Account by anyone other than an authorized member of City Staff.
“Social Media” means publicly accessible technologies used to publish and/or share information using the Internet. Examples of Social Media include: Facebook, blogs, OpenGov, YouTube, Twitter, Linkedln, Instagram, and Nextdoor.
“Staff” means the City Manager and all subordinate employees of the City under his or her jurisdiction, whether directly or through department directors.
3. Staff Authority
City Staff shall operate City Social Media Accounts and Post items on behalf of the City to Social Media only as authorized by the City Manager or his/her designee(s), including the Attachment 4
Communications Officer. The City Manager or his/her designee(s) will maintain a list of all authorized City Social Media Accounts, including the log-in information and the staff/department(s) authorized to Post to those accounts.
4. Elected/Appointed City Officials
Elected/Appointed City officials will not Post items on behalf of the City to Social Media. If Elected/Appointed City officials have their own Social Media accounts, the City recognizes that they may elect, in their individual capacity, to Post items relevant to City business. In such situations, the City’s existing rules and practices provide that Elected/Appointed City Officials shall make clear that they are speaking for themselves, not for the City or for their elected/appointed body. Elected/Appointed City Officials shall individually ensure they comply with all applicable laws (e.g., free speech laws, the Brown Act, public records laws, Municipal Code, etc.). For example, Elected/Appointed City Officials should be careful not to use Social Media (e.g., “post” “like” “share” “retweet”) in a manner that could constitute an improper serial meeting or otherwise violate the Brown Act.
5. General Guidelines
City Staff shall follow these general guidelines when Posting items to Social Media and/or operating the City’s Social Media Accounts:
5.1 The City’s official website (cupertino.org) will remain the City’s primary means of digital communication. Whenever possible, Posts on City Social Media Accounts should contain hyperlinks directing users back to the City's official website for in-depth information, forms, documents or online services necessary to conduct business with the City.
5.2 Limit Posts to dissemination of information about the City (e.g., City-sponsored or Cityendorsed programs, services, and events). Content may include information, photographs, videos, and hyperlinks.
5.3 Make clear when a Social Media Account is operated by the City. City Social Media Accounts should include the name of the City and/or its official logo.
5.4 Ensure this Social Media Policy is displayed on all City Social Media Accounts or made available by hyperlink.
5.5 Posts will supplement, not replace, legally required notices and standard methods of communication.
5.6 Posts must contain information that is freely available to the public and cannot be confidential as defined by any City policy or state or federal law.
5.7 Posts may not contain any personal information, except for the names of employees whose job duties include being available for contact by the public.
5.8 Posts must be professional, respectful, and factual.
5.9 Ensure all necessary permissions have been obtained for Post (e.g., photos).
5.10 Ensure Posts reflect the views of the City. All content is subject to oversight by the City’s Communications Office.
5.11 Regularly visit and maintain all authorized City Social Media Accounts.
5.12 Promptly close any City Social Media Accounts that are no longer needed/active.
5.13 Comply with usage rules and regulations required by third party providers of City Social
Media Accounts, including privacy policies.
5.14 Post during normal business hours. After-hours or weekend Posts shall only be made with approval of the City's Communications Officer or his/her designee.
5.15 Comply with all applicable City policies pertaining to communications and the use of the internet by employees, including email content.
6. Content Guidelines for Public Comments
The City’s Social Media Accounts are considered limited public forums moderated by City Staff.
Public Comments containing any of the following inappropriate forms of content shall not be permitted in connection with a City Social Media Account and are subject to removal and/or restriction by the City:
6.1 Content unrelated to the City
6.2 Violent and/or pornographic content
6.3 Content promoting discrimination on the basis of race, creed, color, age, religion, sexual orientation, gender, or national origin
6.4 Profane language or content
6.5 Solicitations of commerce, including but not limited to advertising of any business or product for sale
6.6 Violations of any law and/or promotion of illegal activity
6.7 Content compromising public safety or security
6.8 Content supporting or opposing any political candidate or campaign, including ballot measures
6.9 Content that violates a legal ownership interest of any other party.
City Staff shall obtain authorization from the City's Communications Officer, who will consult with the City Manager and City Attorney as appropriate, before removing and/or restricting Public Comment based on these guidelines. Any Public Comment removed based on these guidelines shall be retained in a manner consistent with the City's document retention policy.
Any Public Comment posted to a City Social Media Account is the opinion of the commenter. The presence of that content in connection with a City Social Media Account shall in no way imply City endorsement of, or agreement with, the content.
7. No Liability/Guarantee
The City operates its Social Media Accounts as a public service to provide information about the City. The City assumes no liability for any inaccuracies its Social Media Accounts may contain and does not guarantee its Social Media Accounts will be uninterrupted, permanent, or error-free.
All users of Social Media should review and understand all applicable privacy and other policies, including those established by third parties. City Social Media Accounts may contain content, including but not limited to advertisements or hyperlinks, over which the City has no control. The City does not endorse any hyperlink or advertisement placed on City Social Media Accounts by anyone other than the City.
8. Records
City Social Media Accounts are subject to the California Public Records Act. Any content maintained on a City Social Media Account that is related to City business, including Posts, Public Comment, and information about subscribers/followers, may be considered a public record and subject to public disclosure.
9. Policy Revisions & Reserved Rights
This policy may be revised by the City Manager at any time. The City reserves the right to terminate any City Social Media Account at any time without notice. The City also reserves the right to implement or remove any functionality of its City Social Media Accounts.
City Manager’s signature: ___________________________________ Date: _______________ 5/12/2020
CITY OF LOS ALTOS SOCIAL MEDIA POLICY
PURPOSE
The purpose of the City’s social media communication is to provide expeditious and consistent information to the Los Altos community about City government, services and activities. By participating in social media, the City can enhance its engagement with the community.
PUBLIC RECORDS ACT COMPLIANCE
There is no expectation of privacy on any of the City’s social media sites. All information posted or displayed on any City of Los Altos social media site is subject to the California Public Records Act (CA Government Code §6250 through 6276.48) and Article 1, Section 3 of the California Constitution. Any content held on an official City of Los Altos profile or post related to City business, including subscriber lists and posted information, is deemed a public record. City of Los Altos social media profiles are on public sites and are subject to public disclosure upon request.
CONTENT AND COMMENT GUIDELINES
1. Content posted to City social media sites, including comments, shall not include the following:
a. Comments not related to the original topic, including random, unintelligible, or false comments; b. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation;
c. Profane language or content;
d. Comments in support of, or in opposition to, any political campaigns, candidates, or ballot measures;
e. Threats to any person or organization;
f. Sexual content or links to sexual content;
g. Solicitation of commerce;
h. Engagement in, or encouragement of, illegal activity; i. Information that may compromise the safety or security of the public or public systems; or j. Content that violates a legal ownership interest of any other party.
2. The City disclaims any and all responsibility and liability for any materials that the City deems inappropriate for posting, which is not removed in a swift and otherwise timely manner. The City shall not remove any comment or posting by a member of the public that is critical of the City, elected officials, appointed officials and/or staff unless comment or post contains any content prohibited by this policy.
3. A comment posted by a member of the public on any City social media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City of Los Altos, nor do such comments necessarily reflect the opinions or politics of the City of Los Altos.
Attachment 5
CITY OF MONTE SERENO SOCIAL MEDIA POLICY
ADOPTED JANUARY 21, 2019
Purpose
The City of Monte Sereno has an overriding interest and expectation in deciding what is “spoken” on behalf of the city through use of social media sites. This social media policy establishes guidelines for the establishment and use of social media by the city as a means of conveying information about the city, it’s events, and activities to residents.
The intended purpose behind establishing City of Monte Sereno social media sites is to disseminate information from the city, about the city, to residents. Nothing in this policy shall be applied to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor laws or other applicable laws.
General Policy
1. City social media sites should make clear that they are maintained by the City of Monte Sereno and that they follow the city’s social media policy.
2. Wherever possible, city social media sites should link back to the official City of Monte Sereno website for forms, documents, online services, and other information necessary to conduct business with the City of Monte Sereno.
3. Designated Social Media Administrator(s) will monitor content on city social media sites to ensure adherence to both the city’s social media policy and the interest and goals of the City of Monte Sereno.
Attachment 6
4. The city reserves the right to restrict or remove any content that is deemed in violation of this social media policy or any applicable law.
Any content removed based on these guidelines must be retained by the designated Social Media Administrator(s) for a reasonable period of time, including the time, date and identity of the poster, when available.
5. These guidelines must be displayed to users or made available by hyperlink.
6. The city will approach the use of social media tools as consistently as possible, city-wide.
7. The City of Monte Sereno’s website at http://
www.cityofmontesereno.org will remain the city’s primary and predominant Internet presence.
8. All city social media sites shall adhere to applicable federal, state and local laws, regulations and policies.
9. City social media sites are subject to the California Public Records Act. Any content maintained in social media format that is related to city business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure. For Public Records Act requests, please contact the City Clerk’s office directly.
10. Comments on topics or issues not within the jurisdictional purview of the City of Monte Sereno may be removed.
11. Employees representing the City government via city social media sites must conduct themselves at all times as a
representative of the city and in accordance with all city policies.
12. The Monte Sereno Social Media Policy may be revised at any time by a majority vote of the city council.
Comment Policy
1. As a public entity the city must abide by certain standards to serve all its constituents in a civil and unbiased manner.
2. Comments or content containing any of the following inappropriate forms of content shall not be permitted and are subject to removal and/or restriction by the city:
1. Comments not related to the business of the city (or specific department if department-specific site), or not relevant to the original topic.
2. Violent, profane, obscene or pornographic content and/or language.
3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, sexual orientation, gender, or national origin.
4. Content that threatens or defames any person or
organization.
5. Content that is hateful or incites violence.
6. Solicitation of commerce, including but not limited to, advertising of any non-government related event, or
business or product for sale.
7. Conduct in violation of any federal, state or local law.
8. Encouragement of any illegal activity.
9. Information that may tend to compromise the safety or security of the public or public systems.
10. Content that violates a legal ownership interest, such as a copyright, of any party.
3. A comment posted by a member of the public on any city of Monte Sereno Social Media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City of Monte Sereno, nor do such comments necessarily reflect the opinions or policies of the City of Monte Sereno.
4. The City of Monte Sereno reserves the right to deny access to City of Monte Sereno social media sites to any individual, who violates the City of Monte Sereno’s Social Media Policy, at any time and without prior notice.
5. Designated Social Media Administrator(s) shall monitor city social media sites for comments requesting responses from the city and for comments in violation of this policy. The city shall use its discretion in determining when to reply publicly versus replying privately or not replying at all.
6. When a City of Monte Sereno employee responds to a comment in his/her capacity as a City of Monte Sereno employee, the
employee’s name and title should be made available, and the employee shall not share personal information about himself or herself, or other city employees.
7. All comments posted to any social media sites maintained by the City of Monte Sereno are bound by the Terms of Service.
Reporting/Removal of Unauthorized Comments
The city requires that designated Social Media Administrator(s) immediately notify the City Manager’s Office if there is any posted material that may be inappropriate, violates this or any city policy, is illegal, or that potentially infringes the copyrights or other rights of any persons. The City Manager’s Office will investigate and respond to all reports of potential violations of this policy.
Any content removed based on these guidelines must be retained by the sponsoring department for a reasonable period of time, including the time, date and identity of the poster, when available. Upon removal of content, the Social Media Administrator shall notify the commenter that their response has been deemed inappropriate and removed due to inconsistency with the city’s content requirements.
The city reserves the right, at any time and without prior notice, to deny access to the social media site to any individual who violates this policy.
Terms of Service
Each type of social media maintains a “Terms of Use” agreement. All comments posted to any city social media site are bound by these “Terms of Use” and the city reserves the right to report any user violation.
Social Media Use by Employees, City Council Members, and Commissioners on Non-City Sites and Accounts. The City of Monte Sereno does not and cannot restrict the exercise of its employees, council members, and commissioners freedom of speech.
Notwithstanding the foregoing, it is recommended employees, Council Members, and commissioners observe the following:
1. California laws, including the Brown Act, strictly limit certain communications involving multiple council members/
commissioners outside of formal, properly noticed public meetings. For more information see:.
https://www.cacities.org/Resources-Documents/ResourcesSection/Open-Government/Open-Public-2016.aspx.
2. Employees, council members and commissioners should make it clear in their personal postings and discussions that their communications and opinions do not represent the city. It is recommended that where possible such postings include the following disclaimer:
Disclaimer: The information contained in this post represents my personal opinions as a resident of Monte Sereno. It should not be construed as representing the official position of the City of Monte Sereno. Public comments and discussion are welcome, however, California State Law (The Brown Act) greatly limits the extent to which council members and commissioners may discuss items coming before the city outside of official council meetings.
Therefore, other council members are precluded from participating on this comment thread. If other council members are not participating, this is the reason.
3. Before initiating or engaging in a discussion online regarding city business, council members should be cautious of serial discussions and/or creating an “unnoticed” public meeting. In addition, when posting in an official capacity, all comments posted must be in compliance with the Monte Sereno Code of Ethics, City Council Role Vision and Values document, and any other subsequent city or council policy regarding conduct for employees, commissioners, and council members.
4. Trolling, defined as creating discord on the internet by starting quarrels or upsetting people by posting inflammatory or off topic messages in an online community, is prohibited in connection to Monte Sereno City business or council policy. “Thanking” or “liking” or other emoting on posts by others is highly discouraged.
5. Be aware that comments on others’ postings as well as “thanks” and “likes” may implicate the Brown Act.
6. When posting about a topic that is controversial or coming before the Council/Commission, the Council Member/Commissioner posting should remain objective, unbiased and indicate they are maintaining an open mind and will make a final decision after a formal noticed meeting. Commissioners and council members should be mindful of due process concerns regarding matters that have the potential to come before the council or commissions.
7. When an employee or city council member/commissioner engages in public social media discussion on controversial or potentially controversial matters which come before or are likely to come before the city council, it is strongly recommended that the participant capture relevant comment threads and forward such communications to the City Manager or at minimum, to the participant’s own City of Monte Sereno email account so that such communications are captured and preserved in case there are future questions about whether or not such matters are covered Page 168 under public records maintenance requirements, the Brown Act or other laws.
8. Council members/commissioners and city employees are welcome to share informational postings on subjects which are not controversial or which do not represent matters under consideration by the council/commissions or matters likely to come under consideration by the council/commissions. However, if there is any concern about whether such matter falls within the Brown Act or other legal limitations, the council members/ commissioners and employees should exercise discretion, follow the suggestions above, and/or check with the City Manager or City Attorney before posting.
Social Media Use Policy
City of Gilroy
Adopted on February 28, 2022
Attachment 7
2 Table of Contents
1 Definitions............................................................................................................................... 3 2 Purpose and Scope.................................................................................................................. 5 3 Official Social Media Sites....................................................................................................... 7
3.1 Creation of Social Media Sites.......................................................................................... 7
3.2 Governance of Official Social Media Sites........................................................................ 7
3.3 Responding to Posts, Comments, and Messages........................................................... 10
3.4 Public Terms of Use........................................................................................................ 10
3.5 Public Records Retention ............................................................................................... 11 4 Council, Commission, Committee, and Board Use of Social Media ..................................... 12
4.1 Creation of Social Media Sites........................................................................................ 12
4.2 City Officials’ Use of Social Media.................................................................................. 12 5 Personal Use of Social Media................................................................................................ 15
5.1 Rules and Guidelines...................................................................................................... 15 6 Failure to Adhere to Policy.................................................................................................... 17
3 1 Definitions
For purposes of this policy, the following definitions apply:
Administrator
The single person who oversees and, ultimately, controls all official Social Media Sites for the City. The Administrator will be the City Administrator or their designee.
Authorized Users
City employees, staff liaisons for governing bodies, attorneys, and any consultants, providers, and contractors that are using Social Media in an official capacity for City business. The Administrator will determine, in their sole discretion, who is an Authorized User.
City Officials
Any elected or appointed official sitting on a Legislative Body of the City. These may include, but are not limited to, City Councilmembers, commissioners, board members and committee members.
Comment
Any reply on a post on an official Social Media Site. Comments may appear organized as threads, depending on the Social Media Site. A public user may add a comment, and an Authorized User may reply to that comment with another comment, depending on the situation.
Legislative Body
The City Council and any City Boards, Commissions and/or Committees.
Message
Any direct, private written communication from the public to an Official Social Media Site.
Official Social Media Site
Any Social Media Site controlled by an Authorized User that is used to promote, discuss, carry out, or reference City-related business and/or activities. These sites will clearly communicate they are representative of the City as a whole or of a specific Department or Division as applicable.
4 Post
Any content an Authorized User initially publishes on an official Social Media Site. The medium of a post can range from plain text, to hyperlinks, to images, to videos, etc. This definition also applies to more ephemeral content such as Facebook/Instagram "Stories."
Social Media
Online sources that allow people to communicate, share information, share photos, share videos, share audio, and exchange text and other multimedia files with others via some form of online or cellular network platform. These online sources may include, but are not limited to, channels, networks, and technology, such as Facebook, LinkedIn, Twitter, Instagram, Nextdoor, YouTube, and similar platforms or kinds of electronic networking services (collectively, "Social Media Networks").
Tag or Mention
Using a Social Media Site's built-in feature to notify another user of a post or comment.
The tag or mention usually begins with "@" followed by the username of the referenced user's Social Media Site.
5 2 Purpose and Scope
Social media networks offer substantial opportunities to communicate to a significant segment of the population. If used properly, they may provide a benefit to the City of Gilroy by providing an additional avenue of public outreach and dissemination of information. To address the fastchanging landscape of the Internet and the way residents communicate and obtain information online, the City encourages the use of social media (where appropriate) to further the goals of the Gilroy City Council and City leadership.
However, as with other interactive uses of the internet, posting information on social media is not without risks. Use of such networks for official City purposes raises legal issues that are unique to the City and generally do not affect private persons or entities. This includes, for example, the applicability of the Brown Act and the California Public Records Act. The City has an overriding interest and expectation in protecting the integrity of the information posted on its Official Social Media Sites in the name of and on behalf of the City, and the content that is attributed to the City and its officials.
This Social Media Use Policy establishes guidelines for the City participation in and Authorized Users' use of Social Media for City business. The City intends for its use of any Official Social Media Site to relate solely to matters of City business and does not, in any way, intend to--nor actually create--general public forums. While this policy acknowledges that Social Media is one way to engage with others, this policy is not intended to require the City nor any Authorized User acting in an official agency capacity to actually use social media.
All Authorized Users shall comply with this policy in all respects. This policy is subject to revision at any time. This policy may be changed without prior notice when deemed necessary to fully protect the City’s interests and/or the public’s interests. If it is necessary to change this policy without providing prior notice to employees, the City shall notify the employees of the change at the earliest possible time. All Authorized Users who have been authorized for social media access shall sign an acknowledgement of receipt of this policy indicating that they have read and understand all of its provisions and agree to be bound by the same. Before posting on Official Social Media Sites, the Authorized Users must check the most current policy to ensure compliance.
When posting on Official Social Media Sites on behalf of the City, Authorized Users are, in effect, serving as the voice of the City. The City has an overriding interest and expectation in deciding what is "announced" or "spoken" on behalf of the City on social media. Therefore, all participation on social media must be in accordance with the provisions set forth herein.
6 This policy establishes standards for:
• Authorized Users who have permission to post information on Official Social Media Sites on behalf of the City, during working hours, non-working hours (subject to limitations determined by managers), and/or at the workplace;
• City Officials who are authorized to use social media in an official capacity; • Public users who view and/or engage with content from the City's Official Social Media Sites, or who Message the City through the City's Official Social Media Sites; and • Employees’ personal use of Social Media as it relates to the City.
7 3 Official Social Media Sites
3.1 Creation of Social Media Sites
The Administrator may, in their sole discretion, establish a new Official Social Media Site.
Creation of any such Official Social Media Site must be proposed, in writing, by the Department Director to the Administrator. The Administrator may, in their sole discretion, approve, deny, or modify the creation of such sites. No one may create an Official Social Media Site without the prior written authorization of the Administrator. Consideration shall be given to the overall purpose of the requested site, the perceived ability of Authorized Users to maintain a new site, and its suitability for use for City purposes.
All Official Social Media Sites, except for Facebook, shall use official City contact information for account set-up, monitoring, and access. The use of personal email accounts or phone numbers by any City employee is not allowed for the purpose of setting up, monitoring, or updating an Official Social Media Site other than Facebook. Facebook’s policies require users to manage Facebook Pages from a real, personal Facebook Profile. If a user creates a fake and/or duplicate Facebook Profile to manage a Facebook Page, the Facebook Page may be flagged and restricted, causing the City to lose access to the Page.
Authorized Users and their managers are responsible for the creation, administration, posting and deactivation of Official Social Media Sites.
The Administrator shall have ultimate authority over all City participation on Official Social Media Sites and may order the deactivation of all or part of an Official Social Media Site if the Administrator, in their sole discretion, determines that the content or site is not in the best interests of the City. If there is an existing Official Social Media Site without any new Posts for two (2) months or longer, with the exception of sites such as YouTube and Nextdoor, it should be deleted or merged with another Official Social Media Site, consistent with current City Records Retention policies. The Authorized User in charge of the site in question must provide written confirmation to the Administrator if they intend to delete or not use an Official Social Media Site before deactivation.
3.2 Governance of Official Social Media Sites
Only Authorized Users acting in an official capacity who utilize social media on behalf of the City, authorized in writing by the Administrator, are permitted to maintain, administer, and/or post on an Official Social Media Site on behalf of the City of Gilroy.
8 In approving an Official Social Media Site, the Administrator shall designate at least one Authorized User who will be responsible for the regular monitoring and maintenance of that particular Official Social Media Site.
Authorized Users who use Official Social Media Sites on behalf of the City must adhere to the following rules:
• Any and all information posted on behalf of the City by Authorized Users on Official Social Media Sites should directly pertain to the City and be of citywide interest, address issues within the scope of their specific authorization, and contain factual information that is freely available to the public and that is not made confidential by any policy of the City, or by local, state, or federal laws. • Authorized Users should conduct themselves at all times as a representative of the City and in accordance with all City policies.
• Authorized Users should review, become familiar with, and comply with the designated social media network policies and terms and conditions. • Official Social Media Sites shall use account names or usernames that are clearly identifiable as representing the City. Examples include but are not limited to:
@CityofGilroy @GilroyPolice @GilroyParksandRec.
• Profiles or account information for Official Social Media Sites must contain a valid City username, address, website, and phone number.
• Authorized Social Media Sites must clearly indicate the Department or Legislative Body they represent on their home page or Bio or About section. • Authorized Users may not use or include personal email addresses or any other personal information in the user profiles and/or posted content for Official Social Media Sites. Instead, Authorized Users may use their name, title, and a city email address. If an Authorized User wishes, they may request a “common” email address from the IT department (i.e. "[email protected]"). • The City logo (with or without the department name) or a City Department or Division logo shall be used as the account Profile Picture and/or included in a Cover Photo (AKA "banner image"). If a Department or Division wishes to use an alternate image as the Profile Picture or Cover Photo, they must obtain approval from the
9 Administrator before changing the existing photo and assure any photo used is not subject to federal copyright protection.
• Photographs, videos, or images of anyone who can be readily identified by the naked eye should not be posted to Official Social Media Sites without first obtaining the depicted person’s written consent. If the person depicted in the photograph, video, or image is a minor or someone incapable of providing consent, the City must obtain the consent of the depicted person’s parent or legal guardian before posting the photograph, video, or image to an Official Social Media Site. Consent is implied within public spaces or at City-sponsored events, unless otherwise stated.
Authorized Users may consult the Administrator for guidance on using media from/for special projects or campaigns.
• Language that is sexually explicit, or that is lewd or obscene, racial, promotes religious beliefs, political, or illegal, or that expresses a personal opinion, except as provided in section 3.3 "Responding to Posts, Comments and Messages" is prohibited.
• Solicitation; engaging in or endorsing any commercial, products or activities is prohibited. This provision is not intended to limit the City’s ability to support business in Gilroy generally, but to refrain from supporting one particular business or a particular commercial enterprise or sole business. • Comments in support of or in opposition to elected and appointed City Officials, political candidates, political campaigns, ballot measures, and matters that may reasonably be agendized for consideration by the City Council, and/or any other Legislative Body are prohibited.
• Authorized Users should avoid posting about the following items, unless approved in advance by the City Administrator or City Attorney:
• Actual or perceived threats to public health, safety or property; • Actual or potential legal claims, lawsuits or other legal issues; • Personnel or medical matters;
• Criminal investigations and content regarding crime scenes; While Official Social Media Sites are to be used for City business and for the purposes stated herein, they are not intended to replace nor serve as the primary means of the City’s
10 communication with anyone. The City has an official website. This website shall remain the primary means of online communication with the public and should be the primary link used on accounts and in posts as much as possible.
Except as expressly provided in this policy, Authorized Users accessing any Official Social Media Site shall comply with all applicable policies of the City, including, but not limited to those policies that pertain to use of the internet by Authorized Users acting in an official capacity.
3.3 Responding to Posts, Comments, and Messages
Authorized Users should be aware that it is not always possible or recommended on social media networks to disable the feature that allows or permits responsive posts by members of the public. By permitting use of this feature, the City does not intend to create a general public forum, and all Comments and Posts must comply with this Social Media Policy. In addition, most social media networks have their own terms of use and standards of conduct. All content posted on an Official Social Media Site must comply with this Social Media Policy and any host site user guidelines. The City reserves the right to remove any Post or ban any posters from the site at its sole discretion for violation of this Policy or applicable guidelines.
Some social media networks provide the ability to hide or delete posts from the public. If the Authorized Users wish to hide or delete a Post or Comment, they need to coordinate with the Administrator and possibly the City Attorney. If the Post is to be deleted, there is a documentation process for public records that needs to be followed first. Standard practice for social media is that once a Post is published, it should not be deleted. It can be edited as long as it does not change the original intent of the Post.
No Post, Comment, or other content shall be removed solely simply because it is critical of the City, City Officials, employees, or programs, or because city staff disagrees with the viewpoint of the Comment, content or submittal. On social media networks where the feature is available, a "strong" profanity filter should be enabled to automatically prohibit Comments and Posts with profanity.
3.4 Public Terms of Use
Every Official Social Media Site that allows Comments or Posts from the public must include the disclaimer/terms of use (see Appendix A) located in a readily accessible part of
11 each Social Media Site, such as the privacy policy, the “about us” section, or a "pinned" post.
3.5 Public Records Retention
All content posted on an Official Social Media Site should be assumed to be subject to the California Public Records Act, California’s civil discovery statutes, and other applicable laws requiring the disclosure of public records. All content must be managed, stored, and retrieved to comply with these laws, including any photographs or images. In addition, all content subject to the City’s records retention policy must be maintained consistent with that policy. Any content on Official Social Media Sites shall be maintained in a format that preserves the integrity of the original record and must be easily accessible using the approved City platform and tools. Any content submitted for posting that is deemed unsuitable because it is not topically related or is inappropriate under this policy must also be retained pursuant to the applicable record retention schedule.
12 4 Council, Commission, Committee, and Board Use of Social Media
4.1 Creation of Social Media Sites
Any established Legislative Body within the City may request from the Administrator to create an Official Social Media Site on behalf of the City.
Creation of any such site must be proposed, in writing, by the Legislative Body staff liaison, to the Administrator. The Administrator may, in their sole discretion, approve, deny, or modify the creation of such sites. A Body may not create an Official Social Media Site without the prior written authorization of the Administrator. Consideration shall be given to the overall purpose of the requested site, the perceived ability of Authorized Users to maintain a new site, and its suitability for use for City purposes.
4.2 City Officials’ Use of Social Media
The City does not create or provide support for individual social media accounts for City Officials. City Officials who maintain personal social and other digital media accounts should be aware that--similar to City email or any other written or recorded communication related to the official conduct of city business--digital communications, Social Media Posts and Messages by City Officials regarding matters that are before the City for action or within City jurisdiction can be “official city business” subject to laws and policies regarding freedom of speech, records retention and production, and public transparency. Those laws and policies include, but are not necessarily limited to: the California and United States Constitution, the California Public Records Act, the Ralph M.
Brown Act, and the City’s records retention regulations.
City Officials participating in digital or social media communications shall maintain and clearly delineate between separate accounts for official and personal/campaign statements, taking precaution not to convey personal/campaign communications in a manner that suggests such communications represent the position of the City or their Legislative Body as a whole.
City Officials are prohibited from using the City logo or seal or any variation of the City logo or seal, representing the City, or representing that they speak on behalf of the City within their official or personal social media account(s) or site(s).
To avoid ambiguity, all statements, headings, profile pictures, or biographies on personal or campaign accounts shall:
13 • Not be made in the name of the position to which the City Official was elected or appointed;
• Clearly reflect that content on such accounts does not represent the official positions of the City or the governing body;
• Not display the City logo or any other official City mark or title.
Digital records relating to public business are required to be handled in a manner capable of maintaining the record for the applicable retention period, including through the use of highlights, bins, or archives for temporary and disappearing stories, reels, posts, or otherwise. Likewise, City Officials should avoid deleting Comments or blocking individuals on official pages or sites they maintain. Social media content should be treated the same as any written document and retained in accordance with the City retention schedules.
To avoid any violations of the Brown Act, consistent with the update provided by AB 992, City Officials are permitted to use a social media site to engage in conversations or communications on matters within the subject matter jurisdiction of their governing body:
• To answer questions;
• To provide information to the public; and
• To solicit information from the public.
However, a majority of City Officials may not use social media to "discuss among themselves" official business. The Brown Act broadly defines the meaning of "discuss among themselves" to include any "communications made, posted, or shared on an internet-based social media network between members of a Legislative Body, including Comments or use of digital icons that express reactions to communications made by other members of the Legislative Body." The Brown Act prohibits a Board member from communicating directly with the social media of any other member on a subject within the jurisdiction of the board.
City Officials must refrain from using the City’s Official Social Media Sites or any form of electronic communication to respond to, blog or engage in serial meetings, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the body without complying with the Brown Act.
City Officials should be honest and accurate when posting information or news, especially when communicating during a crisis or emergency. Any mistakes, misstatements and/or factual errors must be corrected quickly upon discovery. When possible, news of citywide importance should first be announced by the City's Official Social Media Sites including the
14 City website. This information can then be shared by City Officials, linking back to the original Post or official City website, when possible. Unless the City Official has been designated to serve as a spokesperson, a City Official should never represent themselves as a spokesperson for the entire Legislative Body or the City. City Officials should be mindful of recognizing that accomplishments of the City or Legislative Body are achieved by collective action of the entire body or organization.
In summary,
City Officials may:
• Use social media in the Official’s capacity to communicate with constituents to “answer questions, provide information to the public, or solicit information from the public.”
City Officials may not:
• Discuss on social media with a majority of the legislative body business of a specific nature that is within the subject matter jurisdiction of the legislative body.
• Comment on a post of another member of the legislative body, including “liking,” sharing, reposting, or use of emojis.
• Block any member of the public from participating in your social media account.
15 5 Personal Use of Social Media
While the City does not monitor employees’ personal social media accounts, this section sets forth suggested guidelines to follow when referring to the City. Following these principles helps ensure a distinction between sharing personal and agency views/information.
5.1 Rules and Guidelines
The following rules and guidelines apply to all employees acting in an official capacity of the City of Gilroy:
• While employees may voluntarily choose to engage with the City on its Official Social Media Sites, the City does not encourage or require any employee to follow or “like” Official Social Media Sites.
• The City does not condone the personal use by employees of social media during the working hours by any means, including by using City-owned equipment.
Employees have no right or expectation of privacy when using City-issued devices or systems. The City reserves the right to monitor, search, or disclose employee use of City resources.
• When an employee uses social media in a personal capacity, they are doing so for themselves and they are not speaking nor communicating on behalf of the City. Employees should make certain that it does not appear that they are speaking or posting for the City unless authorized to do so. • Employees are reminded and cautioned that nothing posted on the internet is private. Content can easily be shared, forwarded, and distributed to broader audiences without your knowledge or permission.
• Information posted on social media may be used as evidence in disciplinary, administrative, or legal proceedings. The City will not require you to provide a password or other security information for your personal sites that are password-protected or otherwise non-public.
• The personal use of social media by an employee in a manner that violates any City policy or procedure will not be tolerated, and may be grounds for disciplinary action, up to and including termination. Employees are expected to comply with the same ethical and performance standards on-line as in the
16 workplace. Using social media in a way that adversely impacts a job, co-workers, the City, or the public is prohibited. Employees may not use their official City email addresses to create or maintain any personal social media account(s) or site(s).
• Employees may not post any content on the internet or social media that constitutes or contains City confidential, proprietary, privileged, private, personnel, or other non-public information.
• Employees are prohibited from using the City logo or seal or any variation of the City logo or seal, representing the City, or representing that they speak on behalf of the City within their personal social media account(s) or site(s). Employees must also make clear in any online activity that the views and opinions they express about work-related matters are their own, have not been reviewed by the City, and do not necessarily represent the views and opinions of the City.
17 6 Failure to Adhere to Policy
An Authorized User’s failure to adhere to the provisions of this policy may result in disciplinary or adverse action being taken against the Authorized User up to and including termination.
18 Appendix A
Disclaimer/Terms of Use
THIS SITE IS NOT MONITORED IN REAL TIME. IF YOU HAVE AN EMERGENCY OR KNOW OF A CRIME IN PROGRESS, PLEASE CALL 911 IMMEDIATELY. THIS SOCIAL MEDIA SITE IS NOT A PUBLIC FORUM. BY ENGAGING WITH THIS SOCIAL MEDIA SITE, YOU AGREE TO ADHERE TO THE TERMS OF USE OUTLINED AT https://www.cityofgilroy.org/socialmediapolicy.
The City will publish the following information on its website at https://www.cityofgilroy.org/socialmediapolicy:
These Terms of Use apply to all Official Social Media Sites ("sites") of the City of Gilroy. This site is not a public forum and all Comments and Posts must comply with these Terms of Use. Official Social Media Sites are intended to serve as a mechanism for communication between the City and the public to help further our mission. Any Comment submitted to sites and their fans, followers, or subscribers may be considered a public record, which is subject to disclosure pursuant to the California Public Records Act. Public information requests must be directed to the City Clerk’s office.
If any public Comments are allowed on these sites, we reserve the right to remove posts or comments at the City’s sole discretion. The City reserves the right to report a user directly to the host social media network if a Post, Comment or other content by the user violates the network's own Terms of Use. Under the City of Gilroy Social Media Use Policy, the City reserves the right to remove inappropriate content on its sites, including, but not limited to, the following:
a. Profane, obscene, violent, or pornographic content and/or language; b. Content that promotes, fosters, or perpetuates discrimination or harassment on the basis of race, color, national origin, religious creed, ancestry, physical or mental disability, medical condition, pregnancy, childbirth or related medical condition, age, sexual orientation, sex, gender identity, gender expression, genetic information, military or veteran status, marital status, or any other basis protected by applicable state or federal law;
c. Threats to any person or organization or encouragement of illegal activity; d. Information that tends to compromise the safety or security of City employees, the public, public systems, or the City’s technology resources; e. Content that violates any legal ownership interest, such as a copyright or trademark;
19 f. Content containing personal information, such as home addresses, phone numbers, social security numbers, dates of birth or driver’s license numbers; g. Solicitation of commerce, including any advertising or business services or products for sale;
h. Content that violates any federal, state or local laws; The City disclaims any and all responsibility and liability for any materials that the City deems inappropriate for posting, which cannot be removed in an expeditious and otherwise timely manner. The City reserves the right to remove any fans, followers, or subscribers for violation of this policy.
A Comment posted by a member of the public on any City of Gilroy Social Media Site is the opinion of the commentator or poster only, and the publication of a Comment does not imply endorsement of, or agreement by, the City of Gilroy, nor do such Comments necessarily reflect the opinions or policies of the City of Gilroy.
The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. Notwithstanding the foregoing, the City of Gilroy is not obligated to take such actions, and disclaims any and all responsibility and liability for any materials posted by a member of the public.
By posting a Comment, users agree to indemnify the City of Gilroy, its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to content posted by users. If a user does not agree to these terms, the individual should not use the City of Gilroy’s Social Media Sites as a violation of these terms may lead to legal liability.
If you have any questions regarding these Terms of Use, please email us at [email protected].
The above disclaimer may not be altered without the prior approval of the City Administrator or City Attorney (or their respective designees). The Administrator will work with authorized staff to set up the site and disclaimers correctly.
This form drafted by Communications Counsel Inc. in conjunction with Government Social Media LLC based on a review of relevant caselaw as of March 2022.
This is not legal advice. No attorney client relationship is formed. Consult your agency lawyer for legal advice in your state.
Attachment 8
1 Model Government Social Media Terms and Conditions for Users PURPOSE. Because many of our citizens and other stakeholders utilize social media for news and communications, [Agency] has developed its own social media accounts, which help us inform the public about our work and mission. [Agency] has an important interest in assuring the accuracy and consistency of information associated with our social media sites. We also respect the First Amendment to the U.S. Constitution and the constitutional right to freedom of speech. These terms and conditions establish guidelines for the public’s use of social media that balances these values.
DEFINITIONS
1. “Social media” means digital content created by us and communicated on platforms that allow sharing, commenting, and engagement from the public. Examples of social media accounts we may use are Facebook, Twitter, Instagram, YouTube, and LinkedIn.
2. “Comments” include any digital content, information, links, images, videos, or any other form of communicative content posted in reply or response to a social media account operated by us.
3. “User” means a member of the public who views or interacts with one or more of our social media accounts.
GENERAL GUIDELINES
1. These terms and conditions apply to all our social media sites. Where possible, a link to these terms and conditions will be made available as a hyperlink or posted as text somewhere on our social media account(s).
2. Users should know that social media posts we make, comments and replies to those posts, and any direct or private messages sent to us may be public records subject to applicable public records release.
This form drafted by Communications Counsel Inc. in conjunction with Government Social Media LLC based on a review of relevant caselaw as of March 2022.
This is not legal advice. No attorney client relationship is formed. Consult your agency lawyer for legal advice in your state.
Attachment 8
2 3. Our social media accounts are not monitored 24/7 and no one should utilize our social media accounts to seek emergency services. Anyone in need of emergency help should call 9-1-1.
4. We do not guarantee we will respond to comments or messages sent on our social media accounts.
EXPECTATIONS
1. The leaders of [Agency] believe that honest, civil, and productive discussions provide the best environment for citizens to understand the work of their government and participate in constructive engagement.
2. We ask users to consider that our social media feeds may be viewed by children and other impressionable people. Please avoid profanity, personal attacks, bullying, or use of incorrect information.
CONTENT MODERATION
1. Limited Public Forum. Our social media accounts are created and maintained as limited public forums under the caselaw pertaining to the First Amendment to the U.S Constitution. We invite members of the public to view and, where possible, provide comments or other engagement on our social media accounts. However, the law permits us to hide and/or delete comments that are not protected speech under the First Amendment and relevant caselaw. As a general rule, we will not hide and/or delete comments solely because such comments are critical of [Agency] or its officials.
2. Prohibited Content. Relevant First Amendment caselaw permits us to hide or delete certain comments on our social media accounts. The following will be hidden or deleted:
a. Comments directly advocating violence or illegal activity. b. Comments containing obscenity, which is defined as sexually explicit and/or pornographic content that is patently offensive, appeals to prurient interest, and lacks serious literary, artistic, political, or scientific value;
This form drafted by Communications Counsel Inc. in conjunction with Government Social Media LLC based on a review of relevant caselaw as of March 2022.
This is not legal advice. No attorney client relationship is formed. Consult your agency lawyer for legal advice in your state.
Attachment 8
3 c. Comments that directly promote or advocate that we illegally discriminate based on race, age, religion, gender, national origin, disability, sexual orientation, veteran status, or any other legally protected class;
d. Comments containing links to malware and/or malicious content that affects the normal functioning of a computer system, server, or browser;
e. Duplicate comments posted repeatedly within a short period of time; f. Comments containing actual defamation against a person, either as determined by a court or comments that are patently defamatory by easily discovered facts;
g. Comments that contain images or other content that violate the intellectual property or copyright rights of someone else, if the owner of that property notifies us that the property was posted in a comment on our social media account(s).
h. Comments that contain a hyperlink to any website other than those controlled by [Agency]. This will be done without regard to the viewpoint of the comment containing such a link or the content of the site to which the link redirects.
3. Retention. When a comment containing any of the above content is posted to our social media account(s), a copy or electronic record of that content may be retained or archived pursuant to our records retention policy, along with a brief description of the reason the specific content was deleted. Once documented, the content will be removed, where possible, from our social media account(s).
4. Right of Appeal. If our staff hides or deletes a user’s comment pursuant to these terms and conditions, the user has the right to appeal that decision by sending an email or letter to [Agency legal contact] within five business days. This correspondence will provide the user with an explanation for the action taken.
This form drafted by Communications Counsel Inc. in conjunction with Government Social Media LLC based on a review of relevant caselaw as of March 2022.
This is not legal advice. No attorney client relationship is formed. Consult your agency lawyer for legal advice in your state.
Attachment 8
4 Upon receipt of an appeal, our attorney will determine whether the comment at issue contained content protected by the First Amendment. If the appeal is successful, the comment may (if possible) be restored for public view, or the user may be permitted to repost the comment. Upon a determination that the comment was not protected by the First Amendment, the user will be notified that the appeal was denied.
5. Blocking or Banning a User. When we determine that a user has violated these terms and conditions on three or more occasions within a twelvemonth rolling period, we may block or ban the offending user from the social media account where the violations occurred.
If we block or ban a user, we will (a) reasonably attempt to notify the user; (b) describe the violation(s); and (c) explain the appeal process.
If the appeal is successful and the user has not violated this policy three times within a rolling 12-month period, we will unblock or unban the user from the social media account. If the appeal is not successful, our decision will stand.
###
Reviewed by: Assistant Town Manager and Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022
ITEM NO: 11
DATE: September 29, 2022
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt the Updated Town Council Code of Conduct Policy as Recommended by the Policy Committee
RECOMMENDATION:
Adopt the Updated Town Council Code of Conduct Policy as Recommended by the Policy Committee.
BACKGROUND:
At the Town Council Retreat meeting on September 17, 2022, the Council discussed among other things the roles and responsibilities of the Mayor and individual Councilmembers as it relates to external communications. At the conclusion of the retreat the Council requested that the Council Policy Committee examine potential modifications to the Town Council Code of Conduct.
At its September 27, 2022 meeting, the Council Policy Committee unanimously agreed to forward a recommendation to the Town Council to approve proposed updates to the Town Council Code of Conduct Policy (see Attachment 1).
DISCUSSION:
During discussions of roles and responsibilities for external communications, there was general agreement around two primary themes for potential policy modification.
The first was that, prior to the Council adopting a policy stance based on the outcome of a Council vote, individual Councilmembers should have the latitude to express their general opinions on issues during the policy development phase of the deliberative process.
PAGE 2 OF 2
SUBJECT: Code of Conduct Policy Update
DATE: September 29, 2022
DISCUSSION (continued):
The second was that once a majority vote has occurred resulting in the adoption of a policy directive, the Mayor would be the primary contact for communicating those policies. In addition, the Council discussed clarifying language around the ability for Councilmembers to explain individual votes whether in the majority or minority.
Attachment 1 contains the draft (redlined) language for the Committees consideration.
CONCLUSION:
This action will clarify roles and responsibilities of the Mayor and individual Councilmembers as it relates to external communications
COORDINATION:
The preparation of this report was coordinated with the Town Clerk, the Town Manager, and the Town Attorney.
FISCAL IMPACT:
Amendments to the Town Council’s Code of Conduct will not have a fiscal impact.
ENVIRONMENTAL ASSESSMENT:
Amending the Town Council’s Code of Conduct is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Redline Town Council Code of Conduct
ATTACHMENT 1
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; 2021-047
REVISED DATES: 12/17/2012; 3/3/2015;
12/17/2019; 11/2/2021
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.
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, and the media regarding decisions made by a majority of the Town Council. In this capacity, the The Mayor serves as the Town “spokesperson” representing also represents the Council atin official and ceremonial occasions.
D. As the official Town spokesperson, tThe 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. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. 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. 4 Council Agenda Format and Rules Policy
TITLE: Town Council Code of Conduct PAGE:
4 of 9
POLICY NUMBER:
2-04
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, 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
TITLE: Town Council Code of Conduct PAGE:
5 of 9
POLICY NUMBER:
2-04
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 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:
TITLE: Town Council Code of Conduct PAGE:
6 of 9
POLICY NUMBER:
2-04
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.
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 general issues or policies that are in the development phaseor projects. Any such preliminary statement shall not constitute a indicate that a decision has been reached before the public hearing prejudgment or create a presumption of bias on any issue or a project quasiadjudicatory decision such as a land use approval. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently
TITLE: Town Council Code of Conduct PAGE:
7 of 9
POLICY NUMBER:
2-04
adopted Council policies or explain an individual vote. Such statements are permissible if clearly characterized as personal opinion or policy change objectives rather than the opinion of the full Town Council.
XII. Enforcement
A. Purpose
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.
TITLE: Town Council Code of Conduct PAGE:
8 of 9
POLICY NUMBER:
2-04
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.
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.
TITLE: Town Council Code of Conduct PAGE:
9 of 9
POLICY NUMBER:
2-04
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.
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:
__________
Gabrielle Whelan, Town Attorney
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Attorney, Director of Parks and Public Works, and Interim 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: 10/04/2022
ITEM NO: 12
DATE: September 28, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and Authorize the Town Manager to Negotiate and Execute the 4 New York Avenue Grant Agreement and All Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney RECOMMENDATION:
Adopt a Resolution (Attachment 1) granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and authorize the Town Manager to negotiate and execute the 4 New York Avenue Grant Agreement in substantially the form presented and all documents needed to complete the transaction in a form acceptable to the Town Attorney.
BACKGROUND:
To date, the Town has pursued a property strategy which focuses on finding long-term solutions for the disposition of Town-owned properties either through pursuit of public purpose/benefit, monetization, or a hybrid of both. Following are property dispositions approved by the Town Council to date:
October 2018 entered into an Exclusive Negotiating Agreement with Sarah Chaffin for the siting and development of affordable (teacher) housing at 20 Dittos Lane – Public Purpose
March 2019 entered into an Exclusive Negotiating Agreement with Imwalle Asset Management for 4 Tait Avenue and Forbes Mill - Monetization/Public Purpose May 2019 sale of 148000 Winchester Blvd to Santa Clara County Fire District (“County Fire”) for $1.9 million – Monetization/Public Purpose
PAGE 2 OF 3
SUBJECT: Grant Agreement for 4 New York Avenue
DATE: September 29, 2022
BACKGROUND (continued):
April 2020 sale of 14850 Winchester Blvd to Santa Clara County Fire District (“County Fire”) for $1.2 million – Monetization/Public Purpose
On September 13, 2016, the Town Council declared 4 New York Avenue as surplus property and directed staff to pursue disposition options (Attachment 2). Given that the Town is transferring the property to the School District, a State agency, for the agency’s use, the transfer is exempt from noticing requirements of the State Surplus Lands Act. On October 16, 2018, the Town Council asked staff to reengage in direct negotiations with the Los Gatos-Saratoga Union High School District (LGSUHSD) due to the synergies associated with the High School being the dominant land use in the area.
DISCUSSION:
Over the years the Town and LGSUHSD (“Parties”) have discussed multiple scenarios for the High School to obtain ownership of 4 New York Avenue. Beginning in 2021, property disposition discussions between the Parties began coalescing around ways LGSUHSD could significantly collaborate on enhancing traffic management around the High School and other opportunities for public benefit.
On June 15, 2021, the Town Council reviewed a proposal from LGSUHSD for the transfer of the Venue property and some interior campus streets to the school district. In response to the proposal Council provided LGSUHSD with the core elements required of LGSUHSD for acceptance of their offer. On February 4, 2022, the Town Manager received a response from LGSUHSD to the Council’s core elements of a property transfer agreement (Exhibit A to Attachment 3).
As referenced in the Grant Agreement (Attachment 3), in exchange for the granting of 4 New York Avenue the District agrees to the following material commitments:
A. Convening a working group to address parking and traffic issues in the vicinity of the High School;
B. Expanding existing parking and improve ingress/egress/student drop off at the pinch point of New York Avenue and Pleasant Street to address traffic and parking issues;
C. Allowing future ingress/egress from the property on which the Los Gatos Lodge is currently located;
D. Retaining KCAT at the property known as “the Venue” with multi-generational programming for community benefit;
E. Continuing LGHS as a community resource with the community continuing to have appropriate access to the open spaces on campus;
PAGE 3 OF 3
SUBJECT: Grant Agreement for 4 New York Avenue
DATE: September 29, 2022
DISCUSSION (continued):
F. Working toward amending the District’s Master Plan to show access at the property line shared with the property currently occupied by the Los Gatos Lodge;
G. Developing design for bicycle/pedestrian access at the property line shared with the property currently occupied by the Los Gatos Lodge; and H. Cooperating with Town to grant necessary public utility easements and emergency vehicle access easements on portions of streets on the High School campus proposed for vacation by the Town.
In addition to the granting of 4 New York Avenue, the Parties have agreed to the Town vacating New York Avenue from the western terminus (Venue) to the western lot line of 116 New York Avenue and Chicago Avenue. Staff will return to Council with a Summary Vacation Resolution once all the appropriate public utility easements and emergency vehicle access easements have been established.
CONCLUSION:
Successful completion of these transaction will result in significant community benefit through enhanced traffic management and the resumption of community programming at 4 New York Avenue.
COORDINATION:
This staff report has been coordinated with the Town Manager, Town Attorney, Parks and Public Works Department, and Finance Department.
FISCAL IMPACT:
None.
ENVIRONMENTAL ASSESSMENT:
In accordance with CEQA Guidelines Section 15312, this transfer of surplus government property is categorically exempt from CEQA.
Attachments:
1. Resolution Granting 4 New York Avenue
2. 2016 Resolution Declaring 4 New York Avenue Surplus
3. Draft Grant Agreement with Exhibit A - Property Description and Exhibit B - LGSUHSD Proposal
1 of 3
Resolution 2022- Council Meeting Date
DRAFT RESOLUTION 2022-XX
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING THE GRANT AGREEMENT FOR THE GRANT OF TOWN-OWNED PROPERTY LOCATED AT 4 NEW YORK AVENUE, APN 529-27-024 AND AUTHORIZING
THE TOWN MANAGER TO EXECUTE ALL DOCUMENTS NEEDED TO COMPLETE THE
TRANSACTION IN A FORM ACCEPTABLE TO THE TOWN ATTORNEY
WHEREAS, land was purchased in 1906 at the crest of the present day High School Court and a separate High School building was opened in 1908; and WHEREAS, the land fronting Main Street where the current High School lawn sits was purchased in 1911; and
WHEREAS, the Los Gatos Union High School District was formed in 1922; and WHEREAS, in 1925 a new High School was built adjacent to the 1908 building to accommodate growing student enrollment; and
WHEREAS, in 1930 four acres were purchased which are the current softball, soccer, and lacrosse fields; and
WHEREAS, in 1955 the lands that encompass the baseball, football, and track fields were purchased; and
WHEREAS, over the decades the High School campus has grown to surround the property known as 4 New York Avenue (Property); and
WHEREAS, in 1991 the San Jose Water Company granted portions of the property known as 4 New York Avenue to the Town; APN: 529-27-2 and APN: 529-27-4 (“Property”) in 1991; and WHEREAS, in 1992 the Town Council adopted Resolution 1992-7 authorizing a lease agreement for 4 New York Avenue with A Place For Teens for the use of a new facility to be built; and
WHEREAS, in 1994 a building measuring approximately 3,720 was constructed on the site and funded primarily by community organizations; and
WHEREAS, in 2012 due to the financial challenges of A Place For Teens the Town took possession of the building; and
ATTACHMENT 1
2 of 3
Resolution 2022- Council Meeting Date
WHEREAS, the Town desires to grant the Town-owned real property located at 4 New York Avenue for the common benefit of the community; and WHEREAS, per Resolution 2016-045, the Town declared 4 New York Avenue surplus property; and
WHEREAS, the Town and Los Gatos-Saratoga Union High School District (District) have discussed over the years the potential of the District purchasing the Property; and WHEREAS, over the years multiple appraisals have been performed indicating the Property has monetary value; and
WHEREAS, the Town is willing to forego monetary consideration and grant the Property to the District in exchange for significant traffic management policy considerations and other public benefits ; and
WHEREAS, the District represents that it is willing and able to carry out the commitments set forth in Exhibit A and that this Agreement will materially contribute to the quality of life in Town by enhancing traffic management and contributing toward community benefit and collaboration now and into the future; and
WHEREAS, attached as Exhibit B is the Grant Agreement that the Town has negotiated with the District;
NOW, THEREFORE, be it resolved that the Town Council of the Town of Los Gatos does hereby approve the attached Grant Agreement for the granting of the Town-owned real property located at 4 New York Avenue, APN 529-27-024, Los Gatos California and authorizes the Town Manager to execute the Grant Agreement in substantially the form presented to the Town Council and to take any and all steps (including, but not limited to, the execution and delivery of any and all certificates, agreements, notices, consents, escrow instructions, closing documents, and other instruments or documents) as the Town Manager deems necessary or appropriate in order to consummate the grant contemplated by the Grant Agreement or to otherwise effectuate the purpose and intent of this Resolution, and in a form acceptable to the Town Attorney.
3 of 3
Resolution 2022- Council Meeting Date
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of October 2022 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: __________________
RESOLUTION 2016 -045
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DECLARING REAL PROPERTY AT
4 NEW YORK AVENUE SURPLUS TO THE NEEDS OF THE TOWN
WHEREAS, the Town ofLos Gatos owns certain real property 4 New York Avenue identified by assessor' s parcel number (APN) 529 -27 -024 (Exhibit 1); and WHEREAS, the property at 4 New York Avenue is no longer necessary for municipal use.
NOW, THEREFORE, BE IT RESOLVED:
1. That the 4 New York Avenue property be deemed surplus to the needs of the Town.
2. That Town staff conduct required notifications per California Government Code §54222.
3. Staff undertake opportunities to sell or lease the property, bringing offers with terms to the Town Council for review as allowed by code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 6`h day of September 2016, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
v td
OF THE TOWN OF LOS GATOS
LOS GATOS, LIFORNIA
DATE: Q 1P
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
Resolution 2016 -045 September 6, 2016
ATTACHMENT 2
IQ
(N 5"02'J8'E )
N 58'15'00"E
37.00'
&;\SIS OF &EARIN<-S
m HAKbJ<I u •1• troo•w. Of111t ie111m111t o, ue11v�,• >.ve11ut AHIIOi'lll OW1Ht �UPIPOf �11'/JY M.Ar Ke"11'PtP Ill f)<IP� Jq OF HM'� Af rMt 11, �/.�TA a.J.,J. UWTf �u.i,� IJM fM!iU le 1Ht """'� OF ,.,._�i,10 �f!O;JIJ OIi 11M W\P,
mmlJ4 r'l(Ol'!S'1Y LIUt � HKt61 LltJe
r,;irr,ICIY UtJt 6'. ffl(tH j.,IIJI PiLfTEII � TIM l-l,IP ---WL---
EUCfRlc.Al- Wlf ANO Fl),/£1( F'OLf
I, Al.L Plt1Allt� �PPll-1611��§ Mt �u Ill FU1 ,I/JP /IUIMJ\L� Tllmi//f, t. mt tH'Tl�TIV6 ll<l�PBt u11e IJJV�J.11'6 we Sd�ff � LAfl/1 1-1e��� l!'ffH� MAP.
J ru� .. «i,1.i,11m1� me u11r11JCr1ve ""'""' L111i; 11 1. //�6 ! .11?�1>!1 s. sa•oo·oo·'w 4 ;6.25' t -
\ -
(S 59'02' 3&"W) (476 64') \ /// 0
l 05 G:l. ros SCHOU!. DIS \i--t!G i / �"
/ . .,. VJ.-
\ /2%
F-4R.CEL MAF / ":-.;, �--
FoR LOT MERGER PURPOSES
SHEET 2 OF 2 SHEETS \ /
/
,, -�� � \,,,- ./ � '?..:' COMBINING LOTS SB ANO 106 AS SHOWN ON "MAP NO. .-- ,,,.,._ 35 OF SAN JOSE WATER WORKS LANO� RECORDED / 'o
IHBOOK"O.'OFMAPS,PAGE4f,OFFICIALRECORDS \ / -j.,
OF SANTA CLARA COUNTY, AND THE AOJACENT ,,,,,-
PORTION OF NEW YORK AVENUE VACATED SY THE TOWN \ / ,.,, .,.
OF LOS GATOS,AND LYING ENTIRELY WITHIN THE TOWN OF
LOS GATOS, CALIFORNIA v/ /
/ SCALE• l'•.30' APRIL, 1990 \ /
SOILS NOT£
/ /
"' ALLIEO ENGINffRING
COMPANY
,.�,IQ',IOf'
11-, .. C()tolta,llfll!G
[lllaNU:ltS, wt
(JVI..
tl)fr,S\A.IM
cic.11tt11u, uN '°9l,u nu,
SUIINf'fOM Ain l+oUl:•l•IHO
lA.1101>\..AlilMlU
�otL� i\lJD Fotl�UAT141J ttVVi f'l(�PMtP i,-(
M..XIA'f'iP Ctl<IITUU"IC"L el.l6111ee�? VAT!W Fit•. q, 11'1<:1, ll'l J� _-51,,_
J,, i• b
FILE" NO nsa 91 11
rl
1 GRANT AGREEMENT
This Grant Agreement (the “Agreement”) is entered into by and between the Town of Los Gatos “Town”), and Los Gatos-Saratoga Union High School District (“District”).
R E C I T A L S
A. Town owns real property and improvements located at 4 New York Avenue (APN 529-27-024) in the Town of Los Gatos California and described more particularly in Exhibit “A” attached hereto and incorporated herein by reference. The real property, including improvements thereon, is referred to herein as the “Property.”
B. Town desires to donate and District desires to accept the Property.
C. Town is willing to grant the Property to District in exchange for significant traffic management policy improvements and other public benefits.
D. District represents that it is willing and able to carry out the commitments set forth in its proposal dated January 22, 2022 and described in Exhibit “B” attached hereto and incorporated herein by reference, and that this Agreement will materially contribute to the quality of life in Town by enhancing traffic management and contributing toward community benefit and collaboration now and into the future.
E. In the event that District does not carry out the commitments described in Exhibit “B” and Section 7 of this Agreement, District will pay Town the appraised value of the Property.
A G R E E M E N T
NOW, THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Recitals. The Recitals are an integral part of this Agreement and are incorporated herein.
2. Effective Date. This Agreement shall be effective on the date it is fully executed by the District and Town (“Effective Date”).
3. Grant and Acceptance of Property. In accordance with and subject to the terms and provisions of this Agreement, Town agrees to grant the Property to District in a form approved by the Town Manager (“Grant Deed”). Upon the condition that the Title Policy is issued to District, District agrees to accept the Property in AS-IS condition except that Town represents to District that Town owns the Property and there are no leases or third party claims against the Property. Neither Town nor its elected and appointed officials, employees, or agents, have made any representations or warrantiesto the District with respect to the condition, fitness, use or zoning of the Property upon which the District has relied directly or indirectly for any purpose. The District acknowledges that it has been afforded the opportunity to make such inspections (or have such inspections made by consultants) as it desires of the Property. The District acknowledges that its staff includes experienced property professionals with experience and knowledge in the areas of property acquisition, property zoning and development, and environmental and land use laws and ATTACHMENT 3
2 regulations. The District is relying solely on its own investigation as to the Property and is assuming the risk that adverse physical, economic or other conditions may not have been revealed by such investigation.
4. No Escrow; Closing; Title Policy.
4.1 No escrow. No escrow will be required under this Agreement.
4.2 Closing. Within 10 days from the Effective Date, the parties shall consummate this transaction through the Title Company.
A. Delivery of Deed. Within three days of the Effective Date, Town shall execute, acknowledge, and deliver the Grant Deed to the District.
B. Preliminary Change of Ownership Statement. Prior to the Closing, District shall complete a Preliminary Change of Ownership Statement and deliver same to the Title Company to be delivered to the County concurrently with the recordation of the Grant Deed.
C. Recordation. Promptly upon District’s receipt of the originally executed Grant Deed, District shall execute a Certificate of Acceptance and attach it to the Deed with the Executed Agreement and promptly deliver it to the Title Company for recordation in the official records of Santa Clara County.
D. Closing Defined. This transaction shall be deemed closed upon confirmation from the Title Company that the Grant Deed has been recorded and the Title Company has issued the Title Policy (“Closing”).
E. Cooperation. Town agrees to cooperate with District in the event any additional documents are required to cause the Title Company to issue the Title Policy.
4.3 Costs. District shall pay all fees with respect to this transaction, including, but not limited to, the premium for the Title Policy, documentary transfer taxes (if applicable), etc.
5. Title Policy. District shall promptly obtain and review a preliminary title report (“Title Report”) from First American Title Insurance Company (“Title Company”) with respect to the Property. At Closing, District shall require that the Title Company issue to District an ALTA non-extended coverage owner’s title policy insuring the Property vested in District for the fair value of the Property and subject to such exceptions as acceptable to the District (“Title Policy”).
6. Release and Discharge. Except for those terms and provisions which expressly survive the Close of Escrow, from and after the Closing, the District hereby completely releases and forever discharges Town’s elected and appointed officials, employees, and agents from and against all claims, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen orunforeseen (collectively, “Claims”) arising from orin any way growing out of or connected with the physical condition of the Property or any law or regulation applicable thereto (collectively, the “Released Matters”). In connection with such waiver and relinquishment, the District acknowledges that it is aware that it hereafter may discover Claims or facts in addition to or different from those which it now knows or believes to exist with respect to the Released Matters, but that it is the District’s intention to fully, finally and forever to settle and release all of the Released Matters in accordance with the provisions of this Section, and the release set forth herein shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different Claims or facts. The foregoing release of Claims shall be binding on the District and all subsequent owners, lessees and other transferees of the Property.
3 In connection with this Section, the District expressly waives the benefits of Section 1542 of the California Civil Code which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.” District’s Initials
7. Conditions to Grant. Town’s grant is conditioned upon District’s agreement to undertake the commitments described in Exhibit B to this Agreement.
7.1 Material Commitments. The District’s material commitments include:
A. Convening a working group to address parking and traffic issues in the vicinity of the High School;
B. Expanding existing parking and improve ingress/egress/student drop off at the pinch point of New York Avenue and Pleasant Street to address traffic and parking issues; C. Allowing future ingress/egress from the property on which the Los Gatos Lodge is currently located;
D. Retaining KCAT at the property known as “the Venue” with multi-generational programming for community benefit;
E. Continuing LGHS as a community resource with the community continuing to have appropriate access to the open spaces on campus;
F. Working toward amending the District’s Master Plan to show access at the property line shared with the property currently occupied by the Los Gatos Lodge; G. Developing design for bicycle/pedestrian access at the property line shared with the property currently occupied by the Los Gatos Lodge; and H. Cooperating with Town to grant necessary public utility easements and emergency vehicle access easements on portions of streets on the High School campus proposed for vacation by the Town.
7.2 Breach. In the event that District fails to undertake any Material Commitment, Town will provide 30 days’ written notice of the breach. Remedy. If District does not rectify the breach within 30 days’ of receiving written notice from the Town, District will pay the Town the appraised value of the Property, which is $710,000 within 90 days of Town’s original written notice.
8. Taxes and Assessments. Non-delinquent real property taxes and assessments and utility and other charges (to the extent such utility or other accounts cannot be transferred in the name of District as of the Effective Date) shall be prorated between Town and District as of the Effective Date. All prorations shall be made on a per-diem basis using a thirty (30) day month and a three hundred sixty-five (365) day year. To the extent any apportionment cannot reasonably be completed by the Effective Date, the parties shall make such necessary proration in a commercially reasonable manner and pay such amounts to the party entitled hereto within a
4 period of thirty (30) days after the Effective Date. Notwithstanding anything to the contrary herein, Town reserves the right to keep, collect and retain any refunds, rate or price reductions or other sums, including, without limitation, any property tax refund, reductions or rebate, which relate to the periods prior to the Effective Date whether or not such sums are collected after the Effective Date, and District shall promptly return to Town any such sums received by District.
9. Miscellaneous.
9.1 Town Manager Authority. On behalf of the town, the Town Manager or designee shall have the authority to (i) extend any dates under this Agreement, (ii) execute documents required to effectuate this transaction, and (iii) agree to any non-material modifications of this Agreement.
9.2 No Conflict of Interest. No officer or employee of Town shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her financial interest or the financial interest of any corporation, partnership, or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Town and District each warrant that they have not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
9.3 Notices. All notices shall be in writing and delivered personally, by overnight air courier service, by facsimile transmission or email, or by U.S. certified mail, return receipt requested, postage prepaid, to the parties at their respective addresses set forth herein, and the same shall be effective upon receipt if delivered personally, one business day after depositing with an overnight air courier, or two business days after depositing in the mail.
A. City: [insert contact name and address]
B. District: [insert contact name and address]
9.4 Interpretation; Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both parties. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of execution of this Agreement.
9.5 No waiver. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of a breach of any of the covenants, conditions, or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions.
9.6 Amendment. This Agreement may only be modified or amended by a written document executed by both parties.
9.7 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party of circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provisions, condition or covenant to persons or circumstances other than those as to
5 whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
9.8 Merger of Prior Agreements and Understandings. This Agreement and other documents incorporated herein by reference contain the entire understanding between the parties relating to the transaction contemplated by this Agreement and all prior to contemporaneous agreements, understanding, representations and statements, oral or written, are merged herein and shall be of no further force or effect.
9.9 Qualifications; Authority. Each individual executing this Agreement on behalf of the party represents, warrants and covenants to the other party that (a) such person is duly authorized to execute and deliver this Agreement on behalf of such party; and (b) such party is bound under the terms of this Agreement.
9.10 Time of Essence. Time is of the essence of this Agreement.
9.11 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties, notwithstanding that both parties are not signatories to the original or the same counterpart.
9.12 Attorney’s Fees. In the event any action or suit is brought by a party hereto against another party hereunder by reason of any breach of this Agreement, the prevailing party shall be entitled to have and recover from other party all costs and expenses of the action or suit, including reasonable attorneys’ fees and related costs.
10. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the assignment, expiration or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents.
11. Possession of the Property. Possession of the Property shall be delivered to District at the Closing.
12. Attorneys’ Fees. Should either party institute any action or proceeding to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive all costs and expenses, including reasonable attorneys’, consultants and expert witness fees incurred by such prevailing party in connection with such action or proceeding, at trial and on any appeal.
13. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the parties to this Agreement and their respective heirs, successors, and assigns.
14. Entire Agreement. The parties have herein set forth the whole of their agreement.
15. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the partiesto this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of
6 construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The Recitals are and shall be enforceable as a part of this Agreement.
16. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement.
17. Property Studies and Records. Town shall deliver to District, within ten (10) calendar days after execution of this Agreement by all Parties, complete, accurate and legible (hard and electronic) copies of all documents concerning the Property that are in Donors’ possession or control or are readily available to Donors, including, but not limited to, title reports, specifications, maps, drawings, surveys, engineering, soils, environmental, and geotechnical studies and reports, leases, estoppels, topographic surveys, grading plans, feasibility, marketing or other studies, investigations or reports, permits, approvals, right of way and easement agreements, zoning and master plans, bonds, specific plans, initial studies, mitigated negative declarations and/or environmental impact reports, Phase I and II environmental assessments, entitlement documents; property tax bills; estoppels from tenants; and notices of any violation of any federal, state or local statutes, ordinances, affordable housing or inclusionary housing agreements, rules or regulations.
18. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party.
19. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
20. Counterparts. This Agreement and any amendments hereto may be executed in any number of counterparts and by each party in separate counterparts, each of which when so executed and delivered shall be deemed an original and all of which taken together shall constitute one and the same instrument.
21. Costs, Expenses and Fees. District and Town each agree to pay their own costs and expenses, including fees of attorneys, accountants and consultants, incurred in the preparation of and carrying out of this Agreement.
22. Right To Enter Property.
22.1 Access to Property. Commencing with execution of this Agreement, District or District's representatives, after written request(s) and approval(s), shall be allowed access to the Property prior to Closing at all reasonable times for the purpose of obtaining data and making surveys, tests, inspections and other studies at District's sole expense, necessary
7 to carry out this Agreement or as required by local and California state regulatory agencies.
22.2 If District elects to enter Property, District shall procure and maintain (and require any of its representatives entering the Property to procure and maintain): (i) workers’ compensation insurance required by the laws of the State of California; (ii) commercial general liability insurance in the amount of at least Two Million Dollars ($2,000,000) combined single limit, naming Town as additional insureds and containing a cross liability endorsement or severability of interests clause; and (iii) with respect to any contractor or consultant conducting environmental, soils or geological tests, commercial general liability insurance, in the amount of at least One Million Dollars ($1,000,000) combined single limit.
District shall, prior to any entry by District and/or itsrepresentatives, furnish certificates of such insurance coverage to Town. Such certificates shall contain a clause providing for thirty (30) days’ advance notice of cancellation or material change in coverage.
22.3 Restoration of Property. District shall, upon completion of data gathering, and making surveys, tests, inspections and other studies, restore the Property to the extent reasonably possible to its condition prior to such data gathering, surveys, tests, inspections and other studies.
22.4 Indemnification Resulting From Access. District shall indemnify and hold harmless Town of and from any and all mechanic's liens, claims, actions, liabilities, costs, expenses, including attorneys' fees, and damages of any type or nature arising out of or in any way related to any such use of or entry onto the Property by District or by any other person or entity on behalf of, or at the request of, District, excluding any losses or damages, including but not limited to a reduction in the value of the property, resulting from any finding or results of any surveys, tests, inspections or other studies, whether or not negligent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates below written.
DISTRICT TOWN
By: By:
Name: Name:
Its: Its:
Date: Date:
Approved as to form: Approved as to form:
Attest:
EXHIBIT A
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Attorney, Director of Parks and Public Works, and Interim 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: 10/04/2022
ITEM NO: 12
DESK ITEM
DATE: October 4, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and Authorize the Town Manager to Negotiate and Execute the 4 New York Avenue Grant Agreement and All Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney REMARKS:
Attachment 4 contains public comment received between 11:01 a.m., Monday, October 3, 2022, and 11:00 a.m., Tuesday, October 4, 2022.
Attachments received with the Staff Report:
1. Resolution Granting 4 New York Avenue
2. 2016 Resolution Declaring 4 New York Avenue Surplus
3. Draft Grant Agreement with Exhibit A - Property Description and Exhibit B - LGSUHSD Proposal
Attachments received with this Desk Item:
4. Public comment received between 11:01 a.m., Monday, October 3, 2022, and 11:00 a.m., Tuesday, October 4, 2022
San Jose
Water
Company
1265 S. Bascom Avenue
San Jose, CA 95128-3514
Writer’s Direct Line: (408) 918-7296
Email: [email protected]
October 3, 2022
Town of Los Gatos
Town Council and City Staff
Re: Adopt a Resolution Granting 4 New York Avenue to the Los Gatos-Saratoga Union High School District and Authorize the Town Manager to Negotiate and Execute the 4 New York Avenue Grant Agreement and All Documents Needed to Complete the Transaction in a Form Acceptable to the Town Attorney Dear Council Members and Staff;
San Jose Water Company (SJW) has owned property at the westerly terminus of New York Avenue since 1906. Initially, this property was used as a ground water production site. The wells have since been retired. A portion of the property is currently in beneficial use for a water supply pressure regulator station to serve a large part of the Town of Loas Gatos.
In addition, another portion of the property has been and continues to be leased to Boy Scout Troop #2 for a nominal sum per year.
The SJW property is essential for operation of the SJW water system and continued access via New York Avenue is important. In addition, SJW has essential transmission and distribution pipelines within New York Avenue including 12”, 21” and 24” diameter pipelines. As SJW continues to make improvements to our system, these pipelines and appurtenances will need to be continually maintained and eventually replaced.
Finally, any reduction in access rights or underground utility rights would impair the value of the SJW property.
We recommend and would appreciate the Town’s consideration of SJW needs for continued use of New York Avenue for access and maintenance of underground utilities. Given the age, evolution and complexity of property and property rights within and in the vicinity of New York Ave., it would be prudent for a record of survey to be completed. At a minimum SJW would require a reservation of the full ROW extent as a Public Utility Easement (PUE), Public Service Easement (PSE) and full ATTACHMENT 4 Page 228
unipaired rights for ingress and egress to our facilities and whatever else can be part of the vacation to afford SJW a guarantee that no encroachment into the vacated ROW can occure without express acceptance from SJW. We expect a thorough evaluation and hope that the Town will provide a reservation of easement for continued access to the SJW property and a reservation of a public service easement covering the full width of New York Avenue with any quitclaim of New York Avenue to the Los Gatos High School.
If you have any questions, you may contact me by phone at 408-918-7296 or by email at [email protected].
Sincerely,
Hoffma
n, Scott
Digitally signed
by Hoffman, Scott
Date: 2022.10.03
13:40:02 -07'00'
Scott Hoffman
Manager of Property & Permit Services
Cc:
Bill Tuttle, VP of Engineering, SJWC
Ed Lambing, Chief Engineer, SJWC
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Attorney and Interim 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: 10/04/2022
ITEM NO: 13
DATE: September 28, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt Final Lease Agreement with CineLux Theatres Co. LLC for the Operation and Program Management of the Los Gatos Theatre
RECOMMENDATION:
Adopt final Lease Agreement with CineLux Theatres Co. LLC for the operation and program management of the Los Gatos Theatre.
BACKGROUND:
On June 28, 2022, the Town Council authorized the Town Manager to negotiate and execute a Lease Agreement with CineLux Theatres Co. LLC for the operation and program management of the Los Gatos Theatre in substantially the form presented (Attachment 1). Since then, the Town and CineLux (“Parties”) have been finalizing the Lease Agreement and have reached consensus on a final draft agreement. Staff believes Council should be apprised of one element of the final draft which differs from the agreement presented to Council in June.
DISCUSSION:
Staff believes maintaining stable management of the Theatre will be an important element of the Theatre’s long-term financial sustainability and success. As such, the Parties acknowledge that some form of minimum profitability needs to be achieved by CineLux. In order to address minimum profitability, Section 6.9 has been added to SECTION 6, “Rent and Monetary Obligations.”
6.9 Minimum Profitability of Commercial Theatre Operations. Both CineLux and Town recognize that the long-term financial stability and profitability is required for the success of Theatre operations. CineLux requires minimum annual net income of One