Staff Report - 2011 Town Council RetreatMEETING DATE: 01-22-11
COUNCIL RETREAT
COUNCIL AGENDA REPORT
DATE: JANUARY 14, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: 2011 TOWN COUNCIL RETREAT
PURPOSE
The purpose of the 2011 Town Council Retreat is to provide an opportunity to discuss strategic goals for
the next two fiscal years within the context of the Town's fiscal status for FY 2011/12 and beyond.
BACKGROUND:
At the 2010 Town Council retreat, Council discussed what was then referred to as the Town's strategic
goals and priority projects. The Council confirmed the strategic goals with minimal revision and
determined that the goals were more accurately a reflection of the Council's "core values." With regard
to priority projects, the Council discussed the status of listed projects, additional projects being
undertaken by staff at Council direction, and emerging projects. Council then determined which of
these projects should be identified as the Town's "Strategic Goals for 2010-2012." The Core Values
and Strategic Goals (Attachment 1) were subsequently adopted by Council.
DISCUSSION:
The 2011 Town Council Retreat is an opportunity for the Council to review the status of Strategic Goals
from 2010-2012, determine whether the goals should be deemed complete or carried over, and discuss
potential new goals for 2011-13. Prior to the discussion of the strategic goals, the Council will have the
opportunity to have a dialogue about the role and responsibilities of Council members. Material for this
discussion will be provided to Council prior to the Retreat. The Mayor will lead this discussion.
Fiscal Framework for Goal -Setting
Current and projected fiscal resources must be taken into account when setting priorities for special
projects, recognizing that ongoing core services account for the vast majority of the organization's fiscal
PREPARED BY: PamelaJacobs
Assistant Town Manager
Reviewed by: Assistant Town Manager U, Town Attorney
Clerk AdministratorFinance Community Development
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MAYOR AND TOWN COUNCIL
SUBJECT: 2011 TOWN COUNCIL RETREAT
JANUARY 14, 2011
DISCUSSION (cont'd):
and staff capacity. The attached article (Attachment 2) from the January 2011 Western City magazine
presents a perspective on how elected officials might approach addressing community needs in times of
economic challenges. Since Los Gatos continues to be faced with economic uncertainty and reduced
resources, Council may want to consider the suggestions in the article as priorities are set for the future.
A preliminary draft of the next Five Year Forecast is presented for your preview (Attachment 3). The
Forecast shows continuing shortfalls for the coming five years based on a stagnating economy and tax
revenues, a peaking and subsequent decline of Netflix sales tax revenues, and rapidly increasing
personnel costs primarily due to rising pension rates and medical benefit costs for both current
employees and retirees. This Forecast does not include proposed State budget changes which could add
$500,000 to $1,000,000 to the annual operating shortfall as well as eliminate significant funding for
future affordable housing and other capital projects.
While no budgetary action or direction is needed at this time, staff recommends that Council provide
some early commentary on the use of Town reserves as a budget solution for the next few years. As the
Council is aware, the Town has continued to add to both its capital and operating reserves through last
year and is anticipated to do so again this year, as approved in the Adopted Budget. Staff is
recommending that the Council consider forestalling any further planned additions to the operating
reserves while maintaining the continued set aside of capital reserves as the only reliable source of
funding for our capital programs. In addition, staff recommends that the use of existing operating
reserves be limited to those uses that can result in or translate to ongoing operating cost reductions.
2010-2012 Strategic Goals
Attachment 4 provides a summary of the progress made on each of the 2010-2012 Strategic Goals. In
some cases, the goal has been completed or is nearing completion. In others, the goal is one that will
carry over to the next planning period. Some of the goals are ongoing ones that staff continues to regard
as important as strategic goals for the Town, with different specific actions each year.
Staff will be present at the Retreat to provide clarifications or further information about any of the 2010-
2012 goals. In addition, PPW Director, Todd Capurso, will present additional information about the
status of the Almond Grove district street improvement project.
2011-2013 Potential Changes to Strategic Goals
Attachment 5 presents a list of potential new, replacement, and deleted strategic goals for 2011-2013.
Most of the new potential goals were brought forward by the boards and commissions at the
Commission Confluence in November. Two of the potential new goals are from staff, with one being a
recommended broadening of a current goal. At the Retreat, Council may raise additional potential goals
for consideration, discuss the potential new, replacement and deleted goals and seek further information
from staff as needed.
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MAYOR AND TOWN COUNCIL
SUBJECT: 2011 TOWN COUNCIL RETREAT
JANUARY 14, 2011
DISCUSSION (coned):
2011-2013 Strategic Goal -Setting
Following the discussion on current and potential goals, the Mayor will ask the Council to set priorities
for 2011-2013. In setting priorities, Council will consider the following:
• 2010-2012 Goals that should be considered completed and removed from the matrix
• Potential goals that should be added to the 2011-2013 matrix or should replace current goals
Staff will revise the matrix to reflect Council direction and will submit the 2011-2013 Strategic Goals
for Council approval at the February 22, 2011 Council meeting.
CONCLUSION:
The annual Council retreat provides a forum for the Council to discuss strategic goals and set priorities.
Staff looks forward to the discussion and to working with the Council to accomplish strategic goals.
Attachments:
1. 2010-2012 Core Values and Strategic Goals
2. Article from Western City, January 2011
3. Updated Five -Year Financial Plan
4. 2010-2012 Strategic Goal Update
5. Potential Changes to Strategic Goals for 2011-2013
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MEETING DATE: 01-22-11
COUNCIL RETREAT
ADDENDUM
COUNCIL AGENDA REPORT
DATE: JANUARY 19, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: 2011 TOWN COUNCIL RETREAT
Attached are additional documents for the 2011 Town Council Retreat. Attachments 6 and 7 are articles
provided by the Mayor as background for the discussion regarding Council role and responsibilities.
Additional background for this discussion the Council Code of Conduct, included as Attachment 8.
Attachments:
1-5 Distributed previously
6. "The Council Job Description," ICMA Public Management magazine, January/February 2011
7. Council -Manager Form of Government, ICMA
8. Council Code of Conduct
Pa A aM
PREPARED BY: PAMELA JACOBS
ASSISTANT TOWN MANAGER
Reviewed by: Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
council relations I job description
ATTACHMENT 6
BY MIKE CONDUFF
EC;LU
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CIL
IP7'IORi
8 critical components for high
FA irtually every employee hired
in the public sector —from the
most senior executive to the
newest entry-level individual —has a job
description. In essence. that descrip-
tion articulates what qualifications and
characteristics the employee is expected
to possess and what tasks the person is
expected to perform.
Most of these employees are also
subject to various rules and regulations
generally encapsulated in some sort of
personnel manual. This collection of
policies describes acceptable and unac-
ceptable behaviors, and it articulates an
evaluation process to allow for feedback
about how the employee is comply-
ing and performing. This reality is so
accepted that we cannot envision using
even a part-time worker without it.
Recognizing the value of this type of
arrangement, top-flight councils —the
term council is used here to refer to any
type of governing body —are debating
and developing their own council job
descriptions and operating policy manu-
als. These are always community specific
and customized, and they reflect the
values of the elected officials as well as
the community that elected them. With
values firmly and clearly articulated,
along with acceptable and unacceptable
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-level performance
behaviors delineated, the council is
free to focus on visioning and defining
outcomes for the community.
Following extensive research in
multiple board environments on three
continents, my Canadian colleagues, Cath-
erine Raso from Hamilton, Ontario, and
Carol Gabanna from Charlottetown, Prince
Edward Island, and I have distilled eight
common behaviors of these best -practice
councils that can serve as the basis for
effective council governing manuals:
1. Act on Behalf. In this arena, the
council examines whom they represent
and the best way to fulfill the expecta-
tions of these constituencies. A conversa-
tion about owners and customers and
the difference in their issues —even when
they are the same person —is helpful for
focusing council behavior.
2. Know Their Job. Representing own-
ers on ownership matters allows council
to concentrate on the long-term and big -
picture items. Governing is not managing
on a higher level but rather directing the
aim of the community.
3. Set Targets. By articulating outcomes
and not methodologies, the elected
officials say what they want, when they
want it, and how much money they
are willing to spend to get it. Few folks
would start a trip without some sense of
the destination, the price they are willing
to pay, and the length of time they are
willing to travel. Give a local government
manager a clear target, and that indi-
vidual will hit it virtually every time.
4. Identify Risk. Every community and or-
ganization has a few key risk factors, What
things would be fatal for the community
or organization? If council can articulate
these, then staff members can avoid them.
5. Delegate the.Work. Great elected offi-
cials understand the outstanding value of
•
professional management. Empowering a
staff through a trained, talented manager
by setting clear boundaries is the key to
high performance by the organization's
members.
6. Assess Performance. Is acceptable
progress being made toward the targets?
Is the council operating as it has agreed?
Have staff stayed within their boundar-
ies? Regularly considering these ques-
tions allows midcourse correction and
avoids upsets and crises.
7. Practice Discipline. Maintaining good
governance is not easy. For councils, it
is always tempting to dive into minutiae
or help solve a customer service issue;
however, only the council can govern,
and councilmembers should do it with
excellence.
8. Report Back. In this leadership loop,
the council develops, finds, or expands
opportunities to tell the community what
the council heard and what it did as a
result, and then it asks for feedback.
My good friend Jim Hunt is a past
president of the National League of Cities
(NLC) and recently celebrated 25 years
of being continuously elected. He says,
"In my several years of traveling the
country on behalf of NLC, [ have seen
some amazing cities.
Upon examination, in virtually every
case these cities are well served by
elected officials who not only understand
their critical role in the governance
process; they have gone to the trouble of
examining it in detail. They focus on the
big picture and do what only they can
do and delegate the rest to their manage-
ment partner, generally a city or county
manager or administrator."
If your council has not yet developed
its own job description and operational
rules, it is likely that it is not operating at
the highest level possible. F?/I
Mike Conduff
Former City Manager,
now President and CEO The Elim
Group
Denton, Texas
mike.conduff@theetimgroup.com
JANUARY/FEBRUARY 2011 I PUBLIC MANAGEMENT 27
ATTACHMENT 7
What is the council-manager form of government, which
is used today by so many cities, towns, and counties?
Council-manager government combines the strong political
leadership of elected officials with the strong managerial
experience of an appointed manager or administrator. All
power and authority to set policy rests with an elected
governing body, which includes a mayor or chairperson
and members of the council, commission, or board. The
governing body in turn hires a nonpartisan manager who
has very broad authority to run the organization.
Born out of the U.S. progressive reform movement at
the turn of the 20th century, the council-manager system
was designed to combat corruption and unethical activity
in local government by promoting effective management
within a transparent, responsive, and accountable
structure.
Since its establishment, the council-manager form has
become the most popular structure of local government in
the United States. The form is also widely used throughout
the world in countries such as Canada, Australia, .the
Netherlands, New Zealand, and the United Kingdom.
How does council-manager government work?
The elected council or board represent their community
and develop a long-range vision for its future. They
establish policies that affect the overall operation of the
community and are responsive to residents' needs and
wishes.
To ensure that these policies are carried out and that
the entire community is equitably served, the governing
body appoints a highly trained professional manager on the
basis of his/her education, experience, skills, and abilities
(and not their political allegiances). If the manager is not
responsive to the governing body, it has the authority to
terminate the manager at any time.
How can council-manager government benefit my
community?
A city, town, or county benefits from the council-manager
form of government in a number of important ways:
1. Political power is concentrated in the entire governing
body. The mayor and council share legislative functions
2. Policy making resides with elected officials, while
oversight of the day-to-day operations of the community
resides with the manager. In this way, the elected
officials are free to devote time to policy planning and
development
3. The manager carries out the policies established by the
elected governing body with an emphasis on effective,
efficient, and equitable service delivery
4. Because decisions on policy and the future of the com-
munity are made by the entire governing body rather
than a single individual, council-manager governments
more often engage and involve their residents in
decision making. Residents guide their community by
serving on boards and commissions, participating
in visioning and strategic planning. and designing
community -oriented local government services
5. The form is flexible enough to adapt to local needs and
demands. For example, some communities elect their
councils at large, while others elect them by district or
by a combination of an at -large -and -by -district system.
Also, the mayor can be directly elected by voters or
selected by and from among the council.
What is the role of the manager under council-manager
government?
The manager is hired to serve the council and the
community and brings to the focal government the
benefits of his/her training and experience in administering
municipal or county projects and programs. The manager
prepares a budget for the council's consideration; recruits,
hires, terminates, and supervises government staff; serves
as the council's chief advisor; and carries out the council's
polities. Council members and residents count on the
manager to provide complete and objective information
about local operations. discuss the pros and cons of
alternatives, and offer an assessment of the long-term
consequences of their decisions.
Appointed managers serve at the pleasure of the
governing body. They can be fired by a majority of the
council, consistent with focal laws, or any employment
agreements they may enter into with the council. The
manager makes policy recommendations to the council for
consideration and final decision. The manager is bound by
whatever action the council takes, and control is always in
the hands of the elected representatives of the people.
What is the role of the council?
The council is the community's legislative and policy -
making body. Power is centralized in the elected council,
which, for example, approves the budget and determines
the tax rate. The council also focuses on the community's
goals, mayor projects, and such long-term considerations
as community growth, land use development, capital
improvement and financing, and strategic planning. The
council hires a professional manager to implement the
administrative responsibilities related to these goals and
supervises the manager's performance.
What is the role of the mayor or chairperson?
Mayors or chairpersons in council-manager communities
are key political and policy leaders, and their specific
duties, responsibilities. and authorities depend on the
organization's charter. In council-manager communities,
typically the mayor or chairperson is a voting member
of the city council who presides at council meetings,
represents the city in intergovernmental relationships,
appoints members of citizen advisory boards and
commissions (with the advice and consent of council),
assigns agenda items to committees, facilitates
communication and understanding between elected and
appointed officials, and assists the council in setting goals
and advocating policy decisions.
What value does a professional manager contribute to a
community?
Professional managers contribute value to a community
because they:
• Work in partnership with elected officials to develop
sound approaches to community challenges by bringing
together resources to make the right things happen and
produce results that matter
• Bring a community -wide perspective to policy
discussions and strive to connect the past and future
while focusing an the present. They help the governing
body develop the long-term vision for the community
that provides a framework for policy development and
goal setting
• Promote ethical government through commitment to a
set of ethical standards that goes beyond those required
by law. Managers who are members of ICMA subscribe
to the organization's Code of Ethics, which requires
them to "affirm the dignity and worth of the services
rendered by government and maintain.., a deep sense
of social responsibility as a trusted public servant"
• Encourage inclusion and build consensus among diverse
interests (including those of elected officials, the
business community, and citizens) by focusing on the
entire community rather than the centralized interests
of one or two individuals
ATTACHMENT 8
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Page Enabling Actions:
Town Council Code of
Conduct Policy 1 of 16 Resolution 2004-59
Resolution 2006-111
Approv d:
IGlMG licthat
1. Preamble
Effective Revised Date:
Date: 5/3/04 10/16/2006
Public trust and mutual respect are essential for effective political leadership and efficient
governance. Democratic governance requires that decision makers be fair, independent,
impartial, and accountable. Based on these values, the Los Gatos Town Council has adopted a
Code of Conduct Policy that establishes guiding principles for appropriate conduct and behavior
and sets forth the expectations of Council Members. The provisions of this policy reflect a
commitment by Council Members to the people they serve and to each other, and more
importantly, a desire to seek what is good for the community.
IT. Form of Government
The Town of Los Gatos operates under a Council -Manager form of government as prescribed by
Town Code. Accordingly, members of the Council are elected at -largo, 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. This is referenced in Section 2.30.305 of the Town
Code:
"Neither the Town Council, nor any member thereof shall direct or request the appointment of
any person to or removal of any person from office by the Town Manager or by any other
appointing officer, or in any manner take part in the appointment ofremoval of an officer or
employee in the administrative service of the Town. Except for the purpose of inquiry, the Town
Council and its members shall deal with the administrative services solely through the Town
Manager, and neither the Town Council nor any member thereof shall give orders to any Town
Officers, other than the Town Attorney, either publicly or privately."
111. Town Council Roles, Responsibilities, and Relationships
A council is a collection of diverse individuals who come together to constitute and act as an
entity, and only when operating as an entity can they exercise authority and perform the
fulfillment of their purpose. Working together as a council involves acknowledging and
balancing the unique interests, expertise, and abilities of individual council members, and
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accepting final decisions of the Council as the official Town position on such matters. To
achieve success, a council must clearly define and understand its roles, responsibilities, and
relationships. The following outlines the key roles, responsibilities, and relationships of the Los
Gatos Town Council:
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.
Town Council Relationship to its Work, Each Other and the Public
Members of the Town Council fulfill their role and responsibilities through shared values that are
reflected in the relationships they have with each other and the public. Town Council Members
are committed to approaching their work, each other, and the public in a manner that reflects:
• Ethical behavior and integrity
• Honesty
• Trust and respect for one another
The commitment of Town Council Members to their work, each other, and the public is also
characterized by:
• Innovation and creative problem solving
• Future orientation and proactive efforts
• Open and constructive communication
• Shared purpose
TV. Mayoral and Vice Mayoral Selection Process
The selection of the Mayor and Vice Mayor usually occurs'annually at the second meeting in
November by majority vote of the Town Council. Section 2.20.035 of the Town Code
establishes this provision.
Serving as Mayor and Vice Mayor is considered to be a privilege, not a right. The Mayor and
Vice Mayor serve at the pleasure of the Town Council and may be replaced at any time by a
majority vote of the Council. At the time of selection, any member of the Town Council may be
nominated to serve as Mayor or Vice Mayor. Individuals who are elected to serve as Mayor and
Vice Mayor are chosen because their ability to fulfill the roles and responsibilities of these
positions, establish a collegial working relationship with the Council, and ultimately, serve the
community.
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V. Mayoral and Vice Mayoral Roles, Responsibilities, and Relationships
The following outlines some of the key rotes, responsibilities, and relationships as they relate to
the position of Mayor and Vice Mayor:
Mayor
• 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.
• The Mayor recommends various standing committee appointments to the Council for
approval.' When making committee recommendations, the Mayor should attempt to
balance shared responsibilities and opportunities among Council Members.
• As the presiding officer of the Town Council, the Mayor is responsible for establishing a
professional and respectful working relationship with the Council and public through
cooperation and collaboration. This includes an obligation to listen and consider issues,
questions, and concerns of the public and Council Members as they relate to Council
meetings and the agenda setting process.
• The title of Mayor carries with it the responsibility of communicating with the Town
Council, Town Manager, and members of the public. In this capacity, the Mayor serves as
the Town "spokesperson" representing the Council in official and ceremonial occasions.
• As the official Town spokesperson, the Mayor performs special duties consistent with the
Mayoral office, including, but not limited to: signing of documents on behalf of the Town,
issuing proclamations, serving as the official voting delegate for various municipal
advocacy groups, such as the League of California Cities, and delivering the State of the
Town Address.2 The Town Council will determine any additional authority or duties that
the Mayor shall perform.
• Special duties consistent of the Mayoral office may be delegated to the Vice Mayor or any
other member of the Town Council.
• The Mayor may establish a series of achievable community goals during his/her -year in
office in collaboration with the Town Council and in consultation with the Town Manager.
These proposed goals are subject to evaluation using criteria such as, but not limited to,
their relationship to other Town priorities, the capacity of the Town budget, availability of
staff, and other necessary resources required for implementation. Implementation of such
goals, however, would require formal Council approval.
1 Council Agenda Format and Rules Policy
2 Council Cornmendation and Proclamation Policy
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• In the event that a Council Member acts contrary to approved Council policies, the Mayor
shall counsel the Council Member about the rules set forth in the Council Code of Conduct
policy or other applicable Council policies.
• 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
Vice Mayor
• In the Mayor's absence, the Vice Mayor shall perform the formal duties of the Mayor as
noted elsewhere in this docutnent4
• 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. This responsibility includes establishing a professional and
respectful working relationship with the Council, Town Manager and public through
cooperation and collaboration.
• In the event that the Mayor acts contrary to approved Council policies, the Vice Mayor
shall counsel the Mayor about the rules set forth in the Council Code of Conduct policy or
other applicable Council policies.
VI. Legal and Ethical Standards
Understanding that the Council's primary concern is the public interest, Council Members
should work for the common good, rather than for private or personal interests. Council
Members must serve as a model of leadership and civility to the community and treat all
members of the public, each other, and the issues before them with respect to ensure open and
effective government.
Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council
Members should:
• Use formal titles. The Council should refer to one another formally during Council
meetings such as Mayor, Vice Mayor or Council lvMetnber or Mr., Mrs., or iv1s., followed
by the individual's last name.
• 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
3 Resolution 1999-167
4 Council Agenda Format and Rules Policy
-4-
legitimate elements of free democracy in action. During public discussions, Council
Members should be respectful of others and diverse opinions, practice objectivity, and
allow for the debate of issues. This does not allow, however, Council Members to make
abusive, slanderous, and personal comments, and/or physical actions that could be
construed as threatening,
• 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. Objections to the
Mayor/Chair's actions should be voiced politely and with reason, following the procedures
outlined in the Town Council Agenda Format and Rules Policy.
• Demonstrate effective problem -solving approaches. Council Members have a public stage
to show how individuals with disparate points of view can find common ground and seek
compromise that benefits the community as a whole. Council Members are role models
for residents, business people, and other stakeholders involved in public debate.
• Base decisions on the best available information. Decisions should be made objectively
and based upon the merits and substance of the matter at hand, not through established
coalitions or well-defined voting blocks. Judgment of decisions should be reserved until all
applicable information has been presented,
• Be prepared and knowledgeable. To effectively lead and inform the public, Council
Members should be prepared and informed about issues on the agenda.
• Be respectful of other people's time. Council Members should stay focused, listen
attentively, and act efficiently during public meetings. During public testimony, Council
Members should refrain from engaging the speaker in dialogue. However, for purposes of
clarification, Council may ask the speaker questions. Council comment and discussion
should commence upon the conclusion of all public testimony.
• Treat others as yozi would like to be treated. To maintain effective interpersonal
relationships, Council Members should treat others the way they would expect to be
treated. Council Members should be professional in all situations and circumstances,
conducting themselves in a consistent, confident, competent, and productive manner.
Implementation of Legal and Ethical Standards
Legal and ethical standards will be included in the regular orientations for Town Council
Candidates and newly elected Council Members. Newly elected Council Members should sign a
statement affirming they have read and understand the Town of Los Gatos Council Code of
Conduct Policy. The Council will endeavor to annually affirm its understanding and commitment
to the Code of Conduct policy.
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VII. 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. Members of the Town Council recognize the importance
of following the law so as not to compromise the effort to achieve the goals of the community.
Open Meeting Rules
The Ralph M. Brown Act
• Requires that meetings of the Town Council be open and public. "Meetings" occur
whenever three or more members of the Council hear, discuss, or deliberate on any matter
that is relevant to the Town. This includes discussions that occur face to face, serially,
through third parties, or through written, telephonic, or e-mail coinrnunications.
• Requires that the agenda for meetings be posted in advance and that discussions and
actions be limited to items appearing on the posted agenda.
• Allows closed session discussions and actions in limited circumstances, including pending
or anticipated litigation, property acquisition, labor negotiations or the appointment or
evaluation of certain personnel.
• Requires that information provided for closed sessions and the discussions that occur
therein remain confidential and can be revealed only with the approval of the Town
Council.
Conflicts of Interest
Existing Town Conflict of Interest Policy.
• Members of the Council are prohibited from being appointed to the board of directors of
nonprofit organizations receiving funds or in -kind contributions from the Town.5 This
applies to all `legislative bodies," which are defined to include aprivate corporation or
entity, including a nonprofit organization that was either created by the Town, or is
governed by a board of directors to which Council has appointed one of its members.
The Political Reform Act_ The Act controls conflicts of interests through disclosure of financial
interests and prohibition in participating in decision making.
• Members of the Town Council are prohibited from making, participating in or in any way
attempting to use their official position to influence a governmental decision in which they
know or have reason to know they have a financial interest. Financial interests can arise
out of property ownership, business investment, leadership in a business entity, and receipt
5 Council Public Access to Council Decision Making Policy and Council Appointments and Memberships Policy
-6-
of income and gifts. Nevertheless, under certain circumstances, Council Members with
conflicts may be allowed to participate in decision making if their economic interest is •
affected in a substantially similar manner as a significant segment of the public or if their
participation is legally required in order for an action or decision to be completed.
■ Members of the Town Council are prohibited from accepting gifts from a single source in
any calendar year in excess of $340 dollars, adjusted biennially by the Fair Political
Practices Commission (FPPC) to reflect changes in the Consumer Price Index. The Town
Attorney notifies the Council of that amount at the beginning of each calendar year and
upon request. Council Members can also obtain this information directly from the FPPC.
There are several exceptions, including gifts from a spouse, or from a child, parent,
grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, or first cousin or the spouse of any such person, information
material, gifts that are returned or donated to a charity within 30 days without being
claimed for a tax deduction, campaign contributions, inheritances and hospitality at a
private residence.
• Members of the Town Council are prohibited from receiving loans from public officials,
employees, vendors and consultants.
• Mass mailings of over two hundred or more identical pieces of mail sentat public expense
may not contain the name or pictures of elected officials except as part of a standard
letterhead.
Government Code Section 1090. Section 1090 prohibits."self dealing," which can occur if
members of the Town Council have a financial interest in contracts made by them or by the
Council. While existing contracts are not prohibited, members of the Town Council cannot in
any way participate in making contracts in which they have either a direct or indirect financial
interest. Serious criminal penalties can result from violations of section 1090. The maximum
penalty for a willful violation is a felony with a maximum fine of $1,000 or imprisonment in
state prison and a permanent disqualification from holding any public office in the state.
Incompatible Offices. A public officer who is appointed or elected to another public office and
enters the duties of the second office automatically vacates the first office if the two are
incompatible. Offices are incompatible if any significant clash of duties exists between the two
offices, if public policy suggests it would be improper to hold the dual offices, or if either office
exercises power over the other.
Bias. Due process requires that decision makers in certain situations, such as public hearings in
land use matters, be fair and impartial. A personal interest or involvement in the outcome of a
matter or with any participants which is unrelated to the factors upon which an application may
be judged requires disqualification. This rule does not preclude holding opinions, philosophies
or strong feelings about issues or specific projects so long as the decision maker retains an open
mind in considering the evidence.
-7-
Redevelopment Conflicts. The Council, as officers of the Redevelopment Agency, are generally
prohibited from acquiring any interest in property included within the redevelopment project
area. Property can, however, be acquired for personal residential use so long as the
redevelopment agency certifies that it will not make or otherwise arrange for any improvements
to the property.
VIII. Council Conduct and Communication with, and Participation in, all Boards,
Commissions, and Committees
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.
Included in these committees assigntent are Council liaisons. A Council liaison is an
assignment by the Council of one or more Council Members to an ad -hoc effort initiated by the
Town or in which the Town is participating as a community partner, This assignment is
distinguished from routine Los Gatos elected official appointments to regional boards and
committees and is accomplished through Council consensus.
To avoid confusion and/or duplication of efforts, Council conduct and communication with and
participation in these types of committees are governed by the following guidelines and rules:
Conduct
• Town boards, commissions, and committees are advisory to the Council as a whole, not
individual Council Members. The Town Council appoints individuals to serve on boards,
commissions, and committees. It is the responsibility of Council Members to follow policy
established by the Council. Council Members should not feel they have the power or right
to influence a board, commission, or committee member in any way. These appointments
should not he used as a political "reward"
• Council Members should be respectful of diverse opinions. A primary role of boards,
commissions, and committees is to represent many points of view and to provide advice
based on a full spectrum of concerns and perspectives. Council Members may have a
closer working relationship with some individuals serving on. boards, commissions, and
committees, but must befair and respectful of all hoard, commission, and committee
members and their opinions.
• Keep political campaign support away from public forums. Board, commission, and
committee members may provide verbal, financial or in -kind assistance to a Council
Member, but not in a public forum while conducting official Town duties. Conversely,
Council Members may provide verbal, financial or in -kind assistance to board,
commission, and committee members who are running for office, but not in an official
forum in their capacity as a Council Member.
-8-
....,may_ A•7,- T,7:gifiNiMarreaRaiM E'F-s$.}3f Sa . L�mI23L • • rall
Communication
• Council Members should advise Chair and/or applicable Town Council representative if
attending a board, commission, or committee meeting. Council Members may attend any
board, commission, or committee meeting, which are always open to any member of the
public. However, fa Council Member wishes to attend the meeting ofa committee to
which he/she has not been appointed to serve on by the Council, the Council Member, as a
courtesy, should advise the Town representative, if any, as well as the respective
committee chair, and should be mindful of the influence of his/her presence. Unless
otherwise directed by the Council, comments made by the Council Member should be
made as an individual, not on behalf of the Town Council.
• Council Members should not deliberate on any Council action if they have specifically
addressed a Town board or commission about that particular issue. If a Council Member
attends a Town board or commission meeting and wishes to address the board or
commission on matters of interest to that individual Council Member, he/she should recuse
himself/herself from deliberating on any Council action related to the issue discussed.
• Statements made by Council representatives about the Town's official position should be
based on current or past Council action. When serving as a.primary or alternate Council
representative on a board, commission, or committee, statements made by Council
Members regarding Town policy should reflect the majority opinion of the Council, which
is defined by current or past official Council action via Council vote or consensus.
• 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 MMIembers should periodically provide update reports to
the Council during the "Council Matters" opportunity on the Council meeting agenda.
• Recommended actions ofa Council Committee should be reported to the Council. When
serving on 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.
• The Mayor may counsel members ofa Town Board and Commission about appropriate
public meeting conduct related to the business of the Town. 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.
Participation
• Appointed primary Council representatives are responsible for attending and participating
in applicable board, commission, and committee meetings. If a Council Iviemher has been
-9-
appointed as the primary Council representative for a board, commission, or committee,
that Council Member is responsible for attending the regularly scheduled meetings. In the
event that he or she is unable to attend, the primary representative should notify the chair,
and the appointed alternate Council representative should attend in the place of the
primary.
• Appointed alternate Council representatives should familiarize themselves with the
practices and procedures of the respective board, commission, or committee. If a Council
Member is appointed as an alternate Council representative to a board, commission, or
committee, the alternate should initially attend one meeting to orient himself/herself to the
board/commission/committee's practices and procedures and to avoid confusion or
duplication of efforts. Alternates are discouraged from regular attendance at
board/commission/committee meetings when the primary Council representative is
available to attend.
IX. Council Relationship with Town Staff
The Town Council respects the Council -Manager form of government. The Town Manager
implements the Council's vision, policies, and goals through the Town staff and is responsible
for directing the day-to-day operations of the Town as outlined in Section 2.30.305 of the Town
Code. The Council values partnering and collaborating with the Town Manager and the Town
organization to achieve the community's vision. The Council -Manager relationship is affected
by the expectations, styles, and personalities of the Council and Manager who are in place at the
time. Despite the value of partnership and collaboration, these policies are intended to establish
boundaries and expectations based upon the role of the Town Manager as set forth by the Town
Code and the Council -Manager form of government structure. As such, they transcend
individual personalities and agreed upon styles that might affect their implementation.
Council Conduct and Communications 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:
• 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
• Council Members should respect the Council -Manager form of government. Routine
questions of Town staff should be directed to the Town Manager, Town Attorney, or the
Manager's designee. Council Members should not set up meetings with department staff
directly, but work through the Town Manager. When in doubt about appropriate staff
contact, Council Members should ask the Town Manager.
-I0-
• 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.
• Council Members should attempt to communicate questions, corrections, and/or
clarifications about reports requiring official action to staffprior 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.
• 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.
• Council Members should not attend department staff meetings unless requested by the
Town Manager.
• 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.
• Concerns related to the behavior or work ofa Town employee should be directed to the
Town Manager. Council Members should not reprimand employees directly nor should
they communicate their concerns publicly.
• Council Members should not solicit political campaign support from Town staff Although
Town staff may, as private citizens with constitutional rights, support political candidates,
such activities must take place away from the workplace.
X. Council Conduct and Communication with the General Public
A fundamental principle of democracy is citizen access to elected officials. When meeting
with constituents, Council Members should follow the following conduct and communication
guidelines when addressing the general public and specific interest groups:
General Public
■ Council Members should respect the collaborative process of council decision making and
the Council -Manager form of government. Council Members routinely meet with
constituents to hear community concerns, explain Council actions, provide opinions about
a particular issue, and/or address service requests or inquiries. When meeting with
members of the community, Council .Members should avoid making commitments that are
inconsistent with prior Town Council action or existing policy or foreclose on decisions
-11-
prior to hearing public te.stimany. If Council Members desire the assistance of staff while
meeting with constituents, they should request that assistance from the Town Manager.
■ Council Members should be mindful of their influence when attending conununity meetings
that are not organized by the Town. The presence of Council Members can sometimes
create a perception of support for a particular issue or an expectation that a specific action
will be taken.
• While Council Members may take broad philosophical positions on issues of concern to
the Town, they should not commit to a particular position prior to a public meeting.
Council Members should not make public or private promises or commit to a specific
position on current, pending, or future matters to be beard the by the Council. In general,
Council Members should not reach a decision on any agenda item prior to a scheduled
public meeting.
■ Council Members should keep political campaign support away front public forums.
Council Members may provide verbal, financial, or in -kind assistance to persons running
for office, but not in an official forum in their capacity as Council Member. Council
Members, however, are free to exercise their rights as individuals to express opinions
regarding political issues, including candidate endorsements.
Land Use Applications
• Information obtained outside of the public hearing process related to a matter pending
before the Town Council must be revealed on the official public record. When evaluating
the merits of a land use application, Council Members must do so objectively and
impartially_ If a Council Member meets with a laud use applicant or visits a proposed
development site related to a matter pending before the Council and obtains information
outside of the public hearing process, he or she must disclose that information on the
official public record, as well as any facts obtained in the meeting that could influence a
Council Member's decision. The merits of an application can only be evaluated based on
information included in the public record.
Procurement
• Unless authorized by Council, Council Members should not become involved in
administrative processes for acquiring goods and services. The procurement of goods and
services is governed by competitive selection processes. To preserve the integrity of this
administrative process, Council Members should refrain from any involvement, unless
otherwise directed by Council. Specific Council interests, however, can be referred to the
Town Manager as appropriate.
-12-
X.I. Representing an Official Town Position
In the event that individual Council Members are asked to represent or express an official Town
position, they should follow these guidelines
• Using the title of Council Member when conducting official Town business. Council
Members may use their title when conducting official Town business, for informational
purposes, or as an indication of background and expertise, carefully considering whether
they are exceeding or appearing to exceed their authority.
• Representing an official Town position before a governmental agency. If a member of the
Town Council appears before another governmental agency organization to give a
statement on an issue affecting the Town, the Council Member should indicate the
majority opinion of the Council, which is defined by current or past official Council action
via Council vote or consensus.
• Sharing personal perspectives and opinions. Personal opinions and comments may be
expressed only if the Council Member clarifies that these statements do not reflect the
official position of the Town Council.
XII. Council Conduct with the Media
Council Members are frequently contacted by the media for background information and quotes
related to Town business and/or community issues. When addressing the media, Council
Members should follow these guidelines:
•
• Council Members should be professional in all situations and circumstances, conducting
themselves in a r•espectfirl manner. When speaking with the media or writing letters to the
media, Council Members should choose their words carefully to ensure that comments and
statements are not taken out of context.
• Council Members should advise the entire Council in advance if they plan to submit a
letter to the media. Early communication could help to alleviate potential misinterpretation
and prepare members of the Council for questions from the media.
• Council Members should clarify whether they are speaking as an individual Council
Member or representing the position of the Town Council. If a Council Member is'
contacted by the media or initiates contact with the media, he/she should be clear about
whether his/her comments represent an official Town position/policy or a personal
viewpoint.
• Courwil Members should coordinate with the Town Manager when addressing questions
related to administrative functions or processes. To provide accurate information, Council
Members should work with the Town Manager when making statements about
administrative procedures and processes.
-13-
■ Council Members should conform to the information policy governed by the Town
Emergency/Disaster Preparedness Plan in the event of a disaster or emergency. To avoid
confusion and ensure the dissemination of factual information during an emergency or
disaster, requests for information should be routed through the appropriately trained public
information personnel as prescribed by the Town Emergency/Disaster Preparedness Plan.
The Town Manager serves as the Emergency Services Director during a disaster and is
responsible for the response plan and the assignment of duties under that plan.
XII1_ Enforcement
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:
= Allows the public, Town Council, and Town employees to report Code of Conduct policy
violations or other misconduct.
■ Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and
implement appropriate disciplinary action when necessary.
Procedures
Reporting of Complaints
The following section outlines the process of reporting Council Member Code of Conduct policy
violations or other misconduct:
• 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.
• Complaints made by Council Members should be reported to the Town Manager or Town
Attorney to adhere to Brown Act requirements. -
• Complaints made by Town employees should be reported to the Town Manager, who will
direct them to the Mayor or Vice Mayer.
Evaluation of Complaints Alleging Violations
Upon report of the complaint, 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. Within seventy-two (72) hours of receipt 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 person malting the complaint,
and nature of the complaint.
-14-
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.
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 limitt:d to, the ascertainment of facts relevant to the complaint through interviews and
the examination of any documented materials.
Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee
in writing. The report shall either (l) 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 reconunendations, 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.
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.
-15-
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.
Disciplinary Action
Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the
Code of Conduct. 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:
• Nature of the violation
• Prior violations by the same individual
• Other factors which bear upon the seriousness of the violation
Type of Sanctions
At the discretion of the Council, sanctions tnay 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:
* Public Admonishment — A reproof or warning directed to a Council Member about a
particular type of behavior that violates Town policy.
■ Re -vocation 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.
• Censure — A formal statement or resolution by the Council officially reprimanding a
Council Member.
APPROVED AS TO FORM:
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ATTACHMENT 2
1
by Frank Benest
New Rules for Elected officials
In Times of Economic Meltdown
This is a challenging nels era for local elected officials
charged with governing in the midst of economic meltdown.
Typically candidates have run on platforms to make community improvements. Once
elected, governing board members have historically enjoyed access ro some "slack
resources" to respond ro ever-increasing community demands. With the economic melt-
down, no slack resources exist for new projecrs. In fact, ongoing budget cutbacks, layoffs
and demoralized employees all threaten local governmenr's abiliry to deliver services.
A Diminished Capacity to Respond
Local governments are experiencing permanent fiscal stress that undercuts their ability co
respond to the big issues ache day. The financial crisis is exacerbated by a Talent crisis as
a whole generation of Baby -Boomer professionals retire. Elected officials' policy innova-
tions are futile without staff talent to execute them.
To make matters worse, employees are feeling fearful, pessimistic and even victimized.
In a culture of fear, creativity cannot flourish, and consequently local government
cannot overcome its problems.
10 New Rules
Based on my work with public agencies, 1 have crafted 10 new rules for local govern-
ment leaders grappling with the current adverse economic conditions.
Identify the "core."
To allocate scarce resources, governing boards must first idenrify core versus
non -core • businesses or program areas. For example, in one Norrhern Cali-
fornia county, the county manager contacted ciry representatives co identify
core and non -core businesses, with the intent of identifying possible func-
tions than cities mighr wish ro contract out to the county. The two top core functions
that cities wished to keep in-house were land -use planning (determining the physical
character ache community and promoting economic vitality) and park programming
(affecting the quality of life in a community).
Without first deciding on what is core, governing boards may protect public safety pro-
grams ar all costs and consequently gut the library and recreation services char are also
vital ro a communiry's well-being.
continued
Frank Benest, Ph.D., is former city manager of Palo Alto. He currently selves as the senior
advisor to the International City; County Management Association for Next Generation
Initiatives and can be reached at <frank@frankbenest.com>. This article was prepared in
collaboration with the Institute for Local Government.
1
Western City, January 2011 1 3
to Neu: Rules fbr Elected Officials in Tithes of Economic 3/eltdotun, continued
i e
Focus on a few priorities.
The governing board as a whole must identify a few
priorities (three to five at the most) and then relent-
lessly pursue those priorities w•irh limited resources. To assist
the board in this courageous conversation about hard choices, it
is .vise ro engage a broad range of community groups and thus
make the resulting priorities more legitimate and enduring.
When new demands for local government action arise, as They
will. the governing board must insist that any new demand
replace an existing obligation. \\'hen I first arrived in Palo Alto
as the new city manager, the department directors identified
39 high -priority projects approved by the council. With the
assistance of city management, the council was able to identify
and then focus on five priorities. We then hung banners in the
council chambers, one banner for each priority. When someone
suggested a new priority, the mayor or the ciry manager could
then ask which banner the council would like to remove.
Subtract, subtract, subtract.
To aggressively pursue a sew priorities with shrinking
® resources. governing boards must help their organiza-
tions relentlessly subtract. When I became city manager in Palo
Alto, we created a 90-day "Office of Bureaucracy -Busting."
Employees submitted hundreds of ideas to eliminate ritualistic
activities char drained resources and provided no added value.
Some ideas were simple and easy to implement, such as elimi-
nating quarterly activity reports that no one read or verbatim
minutes of commissions. Other ideas were more complicated,
such as re -engineering and simplifying the citv's contracting pro-
cess, which ultimately reduced the time needed to approve major
contracts from six months to three.
An organization must "accelerate" so it can effectively pursue
a few priorities or respond to new demands in economic hard
times. To accelerate. it must subtract.
4 Limit requests for new analysis and
reports.
• While governing board members may resist a commu-
nity group's demand to immediately' respond to some problem
with a new service, the board often directs staff to conduct a
new analysis or prepare a report. In good times, these kinds of
governing board reactions to new demands may mollify constitu-
ents making the service request. In had times. such referrals of
nonprioriry items to staff simply divert scarce staff resources and
undercut the local government's ability to perform.
In a culture of fear, creativity
Y.:
cannot flourish."'
Have the courage to say "no."
Once a governing board identifies core program areas
and a few priorities, it must remain focused and help
die organization stay the course. Elected officials must have the
courage to say "no" when groups make new demands.
Avoid a zero -risk environment.
To overcome the resource challenges facing local
0 government, governing boards must encourage in-
novation. Examples include self-service kiosks for certain kinds .
of permits, selling computer support or ocher services to adjacent
public agencies. or sharing public safety services with other juris-
dictions (for more on this topic, read "What You Need to Know
About Regionalizing Public Safety Responsibilities" at WWW.
westernciry.com).
The problem is that local governments are risk averse. In fact,
in an economic meltdown, the media, community groups and
elected officials jump on any mistake and personally criticize
committed staff. In such a hypercritical culture, most employees
will hunker down and avoid raking anv calculated risks.
Innovation does not occur in a zero -risk environment. Learn-
ing from mistakes is a key element in the innovation process.
Employees must be encouraged to experiment, test ideas and fix
problems and mistakes along the w•av%
If governing boards do not protect creative and risk -taking
employees from abuse. no innovation will occur — regardless of
exhortations from the dais.
Pursue nongovernmental solutions.
Local government can no longer be the center of all
• problem -solving. Elected leaders must put the issue
or challenge in the center and work with private, nonprofit and
other community partners to address the problem. Elected lead-
ers need to focus on rheir roles as conveners and facilitators and
avoid proposing new direct services.
14
League of California Cities www.cacities.org
' t Free tip funds for a few targeted
investments.
Even in severe budgetary times, a local government
must make a few strategic investments to posirion itself for the
future. Consequently, it must "over -cur" to enable investing in
areas such as employee development, information technology,
critical capital improvements, energy efficiencies and strategic
partnerships rhar address neighborhood violence or promote
economic development.
Provide meaning and emotional
support to staff.
Again, elected officials cannot achieve their policy
agenda without the commitment of creative staff. To maximize.
employees' effectiveness, it's important to understand what moti-
vates them. While salary is one motivator, people work for more
than just a salary — particularly in the public sector. For many
public employees, work -related rewards include the opportunity
to contribute to their community's quality of life, help others and
achieve a sense of accomplishment.
As Daniel Pink says in the book A Whole New Mind, "meaning is
the new money." Elected officials should translate their requests
to staff in terms of the meaning of the work. For example, board
members need to talk about the meaning of a new bike lane in
terms of making biking safer and promoting healthy lifestyles.
Elected leaders are key translators.
Public agencies face a "productivity paradox." At precisely the
point that local governments need giant leaps in productivity to
overcome the cuts, productivity spirals downward. Elected offi-
cials can help the organization survive difficult times by showing
concern for employees, providing encouragement and recogniz-
ing employee efforts. Simply yelling employees to "suck it up"
does nor help overcome the productivity paradox.
continued on page 21
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trcalmenl prune,,.
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remvd ham the o'A•te.eA,vr'
. Iagr.ludge.,nJ thi„lud,;.
",eaim ea path to hrxanl. hi.,
"Napa Sanitation District believes that recycling water is an environmentally responsible way to
conserve scarce water supplies in the Napa Valley. Meyers Nave's assistance in assuring cornpliance
with Federal and State regulatory schemes in this area has been invaluable."
Jill Techel, Chair
OAKLAND
LOS ANGELES
SACRAMENTO
SAN FRANCISCO
SANTA ROSA
FRESNO
W WW.MEYERSNAVE.COM
800.464.3559
www.westerncity.com
Western City, January 2011 1
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to \-ett Rules for Elected Officials in 'limes of Economic Meltdown, continued from page 15
0
Help develop talent and rebuild
organizational capacity.
Without talent, the governing board cannot solve
the problems facing the local government. In times of severe
budget cuts, the local government faces a "free exiter" problem.
The "stars" or "A players" of the organization can freely exit and
get a job with better pay elsewhere. if they stay, they may look
for new opportunities as the economy improves. Employees,
especially the "A players," will stay as long as they are growing
and stretching. In fact, learning is the new social glue that holds
organizations together.
To support employee development, board members must resist
gutting talent development budgets. The good news is that talent
development programs are inexpensive. Cost-effective programs
include talent exchanges with other agencies, leadership acade-
mies or educational webinars sponsored by a consortium of local
governments, and interim or rotational assignments.
Courageous Conversations
Certainly, following these 10 rules will not be easy for elected
officials. Adhering to the new rules requires focus, discipline
and will. Perhaps more than anything, elected leaders must
exhibit courage.
Courage has always been a key attribute for leaders. Given the
hard choices facing elected officials, courage will become a hall-
mark of effective governance. Convening stakeholders, starting
courageous conversations and engaging all groups in difficult
decisions will become the core competencies of leadership.
Elected officials are stewards of our local governments. To help
our organizations adapt to change, governing board members
must understand the nature of their environment; communi-
cate a new reality to employees, labor unions, community and
other stakeholders; and focus on new roles and behaviors. If
elected officials adhere to these new rules of governance, their
local governments can survive and even thrive in a perma-
nently disrupted world.
,..114A—.e:ar •lr..' 'Ye2�27 C3v7Sat� t:, ,.ltom.Gti
City of Alhambra, CA
Craaotenzed by cna: ring, uved-. ,a ' cL;rea resident.ane;gnborhoods
and a growing number of businesses, Alhambra (pop 93.000) is a
premier family -oriented and economically prosperous community
located just east of Los Angeles in the San Gabriel Valley. An
award -winning City, Alhambra is recognized for a favorable combination of housing.
business, employment. and recreational opportunities. This full -service City has 645 FTE's
and 2010/11 operating budget of $132 million Four outstanding career opportunities
are available with the retirement of key members of the City's Leadership Team
Finance Director ;ieoanmentperforms
all accounting, purchasing. cashiering, treasury
management, banking, debt administration,
payroll, billing. collections. business and
animal licensing, warehouse operations.
biennial budget and CAFR. Staff of 18 FTE's
a^d 2010/11 budget of $2 1 million Filing
date is February 7, 2011
Fire Chief Responsible for providing
fire safety, emergency services. and the
delivery of emergency medical services to
the community. Accomplished through four
engine companies. one truck. one urban
search and rescue, and two paramedic
ambulances out of four stations. Staff
of 80 FTE's and 2010;'' • 'budget o' '
million Filing date ,s February 7, 2011
Please send your cover letter and resume electronically to: apply@peckrarnandmckenney corn
Call (8661 912.1919 for more information or to request a detailed brochure. The brochure is
also available on our web site at www.peckhamandmckenney.com.
Development Services Director
Comprised of five divisions including
planning, building, housing, economic
development, and redevelopment. Oversees
the development and maintenance of the
City's built environment; the creation of a
vibrant and stable local business community;
and the rehabilitation and creation of
affordable housing Staff of 13 FTE's and 4
contract erolcyees and 2010/1 1 budget of
$14 3 n-il!ro- ` ; gate is February 14, 2011.
Police Chief Two Captains oversee
the a,. s cns of Field Services and Support
Services Department coordinates with other
City Departments to produce outstanding
overall service to the community Total staff
of 267 FTE's and 2010/11 budget of S21 9
—Aar. or. = ;ing dead February 14, 2011
MCKENNEY
:XECUTIVS SiARCH 4N0 CONsuchvG
www.westerncity.com
Western City, January 2011
., I I 1\ 1 1 , l 1 .. \ 1
1/13/2011
Town of Los Gatos General Fund
Updated Five -Year Financial Plan (Includes hir,her PERS discount rate and POA 4%)
PAST YEAR
CURRENT YEAR
1 2 3
4
5
count Revenue Category
Budget
Actuals
I
Budget Forecast
l I 1'
Forecast Forecast Forecast
I
Forecast
1
Forecast
4100 Property Tax
S 6.9
S 7.5
S 7.3
S 7.5
S 7.4 S 7.5 S 7 6
S 7.7
S 7.9
4110 VLF Backfill Property Tax
2.3
2 3
2 4
2 3
2 4 2.4 2.4
2 4
2.5
4200 Sales & Use Tax
8 7
8 3
8 4
8.3
8 4 .8.6 8.2
8 0
7.9
4250 Franchise Fees
1.7
1.7
1.9
1.7
1.7 1.7 1.7
1.8
1.8
4251 Transient Occupancy Tax
1.1
0.9
1 0
0.9
0.9 0 9 1.0
1.0
1.0
4400 Business License Tax
1 .1
1.2
1 1
1.1
1.1 1.1 1.1
1.1
1.1
4400 Licenses & Permits
2.2
2.0
2 1
1.9
2.0 2.0 2.0
2.1
2.1
4500 Intergovernmental
0.8
0.9
0 7
0 7
0 8 0 8 0.8
0.8
0.8
4600 Charge for Services
2.4
2.6
2.3
2.5
2.5 2.5 2.6
2.6
2.7
4700 Fines & Forfeitures
0.5
0.6
0 6
0 6
0 6 0.6 0.6
0.6
0.7
4800 Interest
1.6
0.9
1.2
0.9
0 9 0.9 0.9
0.9
0.9
4850 Other Sources
2.8
2.4
3 8
3.9
3.8 3.8 3.8
3.9
4.0
4900 Fund Transfers In
0.5
0.4
0.4
0.4
0.3 0.3 0.1
0.1
0.1
TOTAL REVENUES
32.1
31.4
33.2
32.8
32.7 33.1 32.9
33.1
33.4
Use of Reserves/Deposits
1.0
4.1
0.9
0.9
0 9 0.6 0.6
0.4
0.5
TAL REVENUES & TRANSFERS
$ 33.6
fr
$ 35.9
$ 34.5
$ 34.1
$ 33.9 $ 34.0 $ 33.6
$ 33.2
$ 33.5
count Expenditure Category
2UU971U
Budget
-$
2UUg/lU
Actuals
2U1U111
Budget
1U1UI11
Forecast
' 1U11i11 1U1. /13 2U13[14 '
Forecast Forecast Forecast
1U14/15
Forecast
201511b
Forecast
5110 Salary
13.8
$ 12.2
S 13.2
$ 12.9
S 13 1 S 13 1 $ 13.1
$ 13.1
$ 13.1
5120 Elected Officials
0.0
0.0
0.0
0.0
0.0 0.0 0.0
0.0
0.0
5130 Temporary Employees
0.5
0.8
0.6
0.5
0.5 0.5 0.5
0.5
0.5
5140 Overtime
0.4
0.5
0.5
0.4
0.5 0.5 0.5
0.5
0.5
5170 Other Salary
0.1
0.4
0.1
0.3
0.3 0.3 0.3
0.3
0.3
5200 Benefits
5.8
5.4
5.6
5.6
6.3 6.9 7.3
7.6
7.8
6000 Supplies, Materials. & Services
5.6
5.0
5.7
5.5
5.7 6.0 6.2
6.4
6.5
7200 Grants & Awards
0.2
0.2
0.2
0.2
0.2 0.2 0.2
0.2
0.2
7400 Utilities
0.4
0.4
0.4
0.4
0 4 0.4 0.5
0.5
0.5
7700 Fixed Assets
0.0
3.1
0.0
0.0
0.0 0.0 0.0
0.0
0.0
8060 Internal Service Charges
3.4
3.2
3.1
3.1
3.2 3.6 3.7
3.8
3.9
8900 Debt Service
0.9
0.9
2.2
2.2
2.2 2.2 2.2
2.0
2.0
TOTAL EXPENDITURES
31.2
32.3
31.6
31.3
32.6 33.8 34.6
34.9
35.3
9900 Operating Transfers Out
0.0
0.0
0.0
0.0
0.0 0.0 0.0
0.0
0.0
9900 Capital Transfers Out to GFAR
0.8
0 9
0.9
0.9 0.6 0.6
0.4
0.5
9900 GASB 45 Retiree Medical Actuarial
0.6
0.6
0.8
0.8
1.1 1.4 1.6
1.8
1.8
TOTAL BUDGETED EXPENDITURES
$ 32.6
S 32.9
$ 33.3
$ 33.0
$ 34.5 $ 35.8 $ 36.8
$ 37.2
$ 37.6
9900 Legally Required Reserve Allocation
0.7
9900 Transfer to Capital & Projects Reserve
0.0
1.2
0.6
0.6
0 8 0 7 0.7
0.6
0.6
9900 Transfer to Stabilization Reserve
1 .0
1.2
0.6
0.6
0.8 0.7 0 7
0.6
0.6
)TAL EXPENDITURES & ALLOCATIONS
$ 33.6
$ 36.0
$ 34.5
$ 34.2
$ 36.0 $ 37.2 $ 38.1
$ 38.4
$ 38.7
:VENUES LESS EXPENDITURES
S (0.0)
$ (0.0)
$ 0.1
$ (0.0)
., i2 1 "t 2 3 !=t ,
S (5 i
3.2,
ONGOING PRIOR SHORTFALL MITIGATION
0.0 2.1 3.2
4.5
5.8
ET REVENUES LESS EXPENDITURES
$ (0.0)
S (0.0)
$ 0.1
$ (0.0)
3 i2 I
3.
AI I'ACHMENT 4
2010 to 2012 Strategic Goal Update
COMMUNITY CHARACTER
Implement program to ensure the appropriate locations for and condition of
newspaper racks in Downtown
Economic Vitality and Community Development staff initiated a four -phase newsrack
compliance and beautification effort. As a result, the number of downtown newsrack
stands and modular units was reduced from 71 to 23. Concurrently, staff developed a
pilot program for the historic downtown district that addressed the aesthetic appeal of
the newsracks, the need for fewer newsracks due to the shrinking publishing industry,
and continued enforcement efforts. In August 2010, the Town hosted two focus groups
to get feedback on the pilot program from community members, publishers, and local
businesses. As a result, staff will be removing the existing modular units on East Main
Street between Montebello and Park and installing new modular units that match
existing downtown street furniture. To cover staff costs for maintenance and
enforcement of the ordinance, a newsrack permit fee was established. Over the next
six months, staff will be gathering feedback on the new modular units from the
community, local businesses, and publishing industry to determine the feasibility of
replacing the remaining newsrack modular units throughout downtown.
Complete and adopt the 2020 General Plan focused update, including new
Housing Element
The Town Council adopted the majority of the General Plan in September 2010 and the
final Human Services Element in November 2010. The General Plan was published on
January 7, 2011, and is now completed. The Town Council approved the Housing
Element in November 2010. The State Department of Housing and Community
Development (HCD) has required additional revisions to the Element. These revisions
were made, and the document was resubmitted to the state in December. HCD
comments are due in February, and staff anticipates resubmitting the revised Housing
Element to the Council for final consideration in March 2011. This goal will be
completed in the current fiscal year.
Develop sustainability plan for implementation with regional and other partners
This goal is a 2020 General Plan implementation program. Development of the
sustainability plan will commence in February/March 2011 and should be completed by
June, 2012. Town staff has developed a list of qualified consultants and will be
preparing a Request for Proposal for consultant service to prepare the plan by
February.
Page 1 of 9
Develop and implement work plan to achieve affordable housing strategy
The Town adopted the Affordable Housing Strategy in December 2009. The Strategy
outlines many affordable housing programs and alternatives. To assist the Town
Council in allocating financial and staff resources to the various affordable housing
proposals, staff has developed a draft Affordable Housing Decision Matrix. This draft
matrix will be refined over the next six months in light of the final adopted Housing
Element and potential State elimination of Redevelopment. Staff anticipates presenting
the draft matrix to the Town Council by August, 2011.
Facilitate development process and specific plan for the North 40
Town staff has been working with the North 40 developer for the past year resolving
technical issues involved with the potential future development of the property. The
developer submitted a formal application in December 2010. Staff prepared a Request
for Proposal (RFP) for a consultant to prepare the update to the draft North 40 Specific
Plan and three consultant teams submitted proposals. Staff has selected the final
consultant firm and has scheduled the Council approval of the contract for the February
7, 2011, Town Council meeting. Included with the contract will be a draft
reimbursement agreement between the Town and the developer for the cost of
processing the specific plan, environmental impact report, technical studies, and staff
time. Staff anticipates a 12 to 18-month specific plan preparation process.
Update the Los Gatos Boulevard Plan
In 2008, the Town Council provided direction regarding the update on the Los Gatos
Boulevard Plan. The Town Council provided additional direction during the 2020
General Plan update. Staff will be incorporating the Los Gatos Boulevard Plan update
with the preparation of the North 40 Specific Plan. Staff has recently released a RFP for
a market analysis that will include the commercial portion of Los Gatos Boulevard. The
market analysis will identify the Boulevard's market characteristics and trade area; its
strengths and weaknesses; determine what services and goods are leaking from the
community overall; and determine appropriate commercial development that would
support the defined trade areas and identify where it should be targeted. Staff also
anticipates conducting a view shed analysis with this update. Work on the update will
be incorporated into the North 40 Specific Plan work plan and should be completed
concurrently with the North 40 Specific Plan.
GOOD GOVERNANCE
Increase communication w/community through the Town's website, social
networking & other means
In 2010, staff updated and enhanced the Town's website, both the home page and
departmental/service pages. The home page is now updated frequently with current
events and announcements, and a special new library project feature is always
Page 2 of 9
available. The pages serving existing and prospective businesses are also being
updated and expanded to provide timely and comprehensive information. Additional
increased communication this past year includes the "Did You Know?" segments at
Council meetings, followed by broadcasting of the information on KCAT.
Communicating with the community is an ongoing strategic goal. In 2011, staff will be
reviewing and updating board and commission -related online information given
concerns raised at the Council/Commission Confluence.
Increase availability of online services to meet customer needs 24/7
New or expanded on-line services include the GIS database, review of permit history for
minor permits, and online forms for crime reports and commission applications. In
addition, the Town is participating in AlertSCC whereby residents and businesses can
register their contact numbers on-line to be notified in the event of an emergency. Work
is underway to enhance the online capabilities for applying for permits and business
licenses. The development of online services is an ongoing strategic goal.
Pursue technology solutions to enhance productivity
The Town organization migrated to a new "Voice Over Internet Provider" (VOIP)
telephone system and Microsoft Office (Outlook, Excel and the latest Microsoft Word) in
2010. These technology improvements enhance productivity and, in the case of VOIP,
reduce costs. Several technology improvements in the Police Department also
enhanced productivity and performance, including cameras on cars and officers,
wireless video uploading, license plate readers and participation in CopLink, a multi -
jurisdictional database. Converting documents to laserfiche in the Community
Development Department and the Clerk Office was another productivity enhancement.
Pursuing technology solutions is an ongoing strategic goal, and is increasingly important
given staff capacity limitations.
FISCAL STABILITY
Respond to ongoing structural deficit though benefit cost containment,
organizational redesign and alternative service delivery andlor funding
To maintain ongoing fiscal stability, strategic efforts throughout FY2010/11 have been
made in the area of staffing and salary reductions through vacancy eliminations, staff
furloughs, and reductions in overtime. Alternative service delivery models to reduce
operating expenses have been implemented, such as the partnership with Los Gatos
Saratoga Recreation Department, and discussions are underway with employee
bargaining groups to address benefit cost containment, including a 2-tier pension
system.
Page 3 of 9
Review and revise, if necessary, Town policy related to the service of alcohol in
restaurants and other establishments
The review and potential revision of the Alcohol Policy will be completed concurrently
with the preparation of an Entertainment Policy. Staff anticipates commencing this work
in March/April 2011, drafting the revision by the summer of 2011, and presenting to
Town Council for review by the Fall.
Explore ways to maximize availability and usage of downtown parking resources
to meet the needs of customers
Steps to address downtown parking issues included the addition of 40 spaces at the
newly expanded Parking Lot #6; the operation of valet parking through a contractor
during the recent holiday; and increased parking enforcement except during special
events such as 2nd Saturdays and the Wine Walk. The Town has also increased
available on -street parking in the Olive Zone through restriping and capturing of
unmarked spaces and is continuing to work with the high school and neighboring
businesses and churches to manage both short term and long term parking constraints
in the Olive Zone. During the next two years, staff is proposing to explore the use of
employee permit parking and other measures (e.g., pedicabs, bicycle sharing program,
etc.) to encourage the use of outlying parking Tots.
Update and implement economic vitality strategy to facilitate business retention,
expansion and attraction, including of major tax generators
Efforts to retain, expand and attract businesses included: development of free quarterly
business workshops in collaboration with West Valley Community College and the
Chamber; collaborative marketing and event planning with the Visitor's Bureau (2"d
Saturday, Wine Walk, and Fashion Week); collaborative marketing efforts with local
businesses (goTown partnership for goLocal campaign); development of brochures and
online information highlighting available commercial, office, and industrial space;
attendance at trade shows and events to promote the Town as a place to locate and
grow businesses; business liaison services to assist businesses through permitting
process (Enotecha La Storia, Title Nine, LuLu Lemon, Razzberry Lips, Restaurant
James Randall, Los Gatos Bar and Grill, Restoration Hardware, and Francesca's);
coordination of monthly Mayoral Outreach meetings to emerging and established
businesses and first annual Business Forum for start-up and growing companies; and
partnership with other Town departments on activities involving the business community
(Commercial Alarm Ordinance, Bike Road-eo, Newsrack Pilot Program, various
construction projects impacting businesses). Staff has also developed a quarterly
business outreach newsletter and a business recruitment packet. Regionally, staff
works closely with the Silicon Valley EDA to ensure legislation and regional activity are
favorable for Los Gatos businesses. Staff also works internally with other departments
to ensure processes and policies reflect a business friendly climate while maintaining
high community expectations. All of these efforts have been primarily funded by
Redevelopment.
Page 4 of 9
Sell/lease assets to create one-time or ongoing funding
Staff has had periodic conversations with the Santa Clara County Fire Department
about the acquisition of Town -owned land at the southeast corner of Lark and
Winchester, including both the vacant lot and the current fire station site. Those prior
conversations have not resulted in any action previously due to Fire Department
consideration of alternative capital priorities and funding sources. However, based on a
discussion with the Fire Chief this week, we now anticipate receipt of a letter from the
Fire Department requesting the commencement of formal negotiations, subject to Town
Council direction. Staff will likely be proposing that a significant portion or all of the
proceeds from any such sale be allocated for Almond Grove and other unfunded Town
capital project priorities. Additional opportunities through 2012 include modified leases
and/or the sale of Town assets to the Los Gatos Saratoga Recreation Department, Los
Gatos Museums, and The Venue.
QUALITY PUBLIC INFRASTRUCTURE
Evaluate approaches and implement project to improve the condition of streets in
the Almond Grove district
The Town has hired a consultant to evaluate the current condition of streets in the
Almond Grove and to formulate strategies to rebuild and replace the streets as
appropriate. The consultant is currently in the process of completing the analysis. The
draft report is scheduled to be delivered to PPW the week of January 18th, The report
should provide cost estimates for different construction methods (i.e. asphalt versus
concrete) and recommend priorities for the scheduling of work. Staff will provide
additional information at the Council Retreat on January 22nd
Prioritize annual and five year capital improvements given absence of ongoing
capital funding
The Town currently pre -funds its minimal existing capital program with budget savings
identified each year, largely from the set aside of a significant portion of revenues from
the Town's largest tax generator. This strategy has worked well to maintain the status
quo maintenance of streets, park and other basic infrastructure, and will again be pre -
funded for the next five year Capital Improvement Program to be presented in
May. Special and larger projects have largely been funded by grants (e.g., Intersections
at University & Blossom Hill and University &Highway 9, Oak Meadow Park pathway)
and Redevelopment (e.g., Downtown streetscape, Police Operations Building, new
Library). The eventual loss of significant sales tax revenues and the State's proposed
elimination of redevelopment and potential grant funding opportunities will combine to
significantly reduce, if not eliminate, the availability of dedicated funding for capital
Page 6 of 9
improvements and projects. Consequently, in 2010, staff will likely evaluate alternative
ongoing funding mechanisms for capital facilities and projects.
Pursue federal and state funding for infrastructure priorities
Staff continues to prepare projects for potential grant funding and apply for grants as
opportunities present themselves. Several projects have recently been completed with
grant funding: University and Blossom Hill Road intersection (Federal — ARRA funding);
Oak Meadow Park pathway (CDBG and VTA funding); Curb, Gutter, and Sidewalk •
replacement work (State - Prop 1 B); Roberts Road Bridge replacement (State). The
Town is also moving forward with several projects this year using grant funding as
well. These include the planning and design for Blossom Hill Safe Routes to School;
University Avenue and Highway 9 intersection improvements; Wedgewood Road Safe
Routes to School; and University Avenue resurfacing (near Shelburne) — all utilizing
State grant funding through Caltrans. Beyond the projects scheduled for the current
fiscal year, staff has prepared scopes for several other potential projects as well,
including the resurfacing of Kennedy Road as well as the design and construction of a
pedestrian bridge across the Los Gatos Creek, near the proposed sports park.
Develop plan for the re -use of vacated Library space
Implementation of this goal will begin in the spring of 2011, with a target of spring 2012
to undertake the first phase of re -use. Funding sources for renovation of the space to
accommodate re -use have not been identified; however, some limited re -use should be
possible with minor improvements. More comprehensive renovation will be necessary
to accomplish most re -use goals likely to be developed in the re -use plan.
Advocate for Vasona light rail extension to Los Gatos
While there is currently no funding currently in place for this project, staff continues to
work with VTA to keep this project on the transportation project priority list. Based on
VTA's timeline from last year, this project would not move forward until 2017 at the
earliest. Given the current resource situation and likelihood of grant opportunities
decreasing, the project will be deferred even further. It is likely that the parking
requirements for this site will require the use of Santa Clara Valley District property
directly adjacent to the Netflix site. Staff is working with the SCVWD and Caltrans to
facilitate the relocation of SCVWD operations to a Caltrans property on Oka
Road. Should efforts prove successful, there may be an opportunity to develop passive
recreational amenities and a connection to the creek trail as part of (or even in advance
of) this project.
Page 6 of 9
CIVIC ENRICHMENT
Complete construction and opening of new library providing new and expanded
library services
Groundbreaking for the new library occurred in June 2010, and construction is on -time
and on -budget at present. A "topping out" ceremony marking the placement of the last
steel beam occurred in December 2010, and the contractors are currently preparing to
pour the concrete floors. The Friends fundraising campaign is having success in
securing major commitments toward furniture, fixtures and equipment (FF&E). Staff is
working with the architects to select FF&E for the new library to coincide with the
expected early 2012 opening.
Develop master plan for new sports/recreation facility to meet community needs
This project is currently in progress and two community meetings have been held to
date — in November and December 2010. While the first meeting focused on the
development of multi -purpose sports fields, the second meeting was attended a large
number of youth representatives interested in adding a skate park feature to the
project. This meeting began with a short re -cap of the site history and outcomes from
the first meeting. The design consultants then presented two layout concepts to begin
the discussion for the evening. Participants worked in groups of 6-10 to lay out
templates of potential park elements on the site and create their own design
concepts. Each group presented their ideas to the group at large, and staff captured
the feedback to be integrated into the next round of design drawings. More than half of
the groups included the maximum athletic field possible into their design presentations,
which would accommodate both soccer and lacrosse needs — for a variety of age
groups. A skate facility was identified by every group as a desirable element for this
facility. A third community meeting will be held in February, at which the ideas from this
meeting will the presented in the form of 1 or 2 design options. It is likely that the final
design will be one of two options: either a large multi -use athletic field (sufficient in size
to accommodate U-12 soccer) and minimal other amenities or a smaller multi -purpose
field (approximately the size of a U-10 soccer field) and hardscape amenities such as
hard courts or a skate park.
implement Pageant Park improvements to enhance public access
During the Library project design, it was determined that access to the Pageant
Grounds should be improved and a linkage between the park and new Library should
be developed. To accomplish that goal, staff developed a three phase project, much of
which could be completed in parallel to the Library construction. The first phase of this
project is to relocate the back-up generator and cooling tower that serve the Civic
Center. This phase is currently under construction and will be completed during the
spring of 2011. The second phase of this project (included in the Library construction
contract) is to construct an ADA accessible pathway from the Library/Civic Center to the
upper lawn area and will be completed prior to the Library opening in early 2012. Phase
Page 7 of 9
upper deck to the Pageant Grounds. While this phase of the project has not yet been
designed or programmed, there may be construction savings from the first two phases
of the project that can be allocated toward the bridge design and/or construction.
Restructure community arts and culture programs and services to meet
community priorities and needs.
Music in the Park was coordinated by Los Gatos Art and Music under a new, five year
partnership agreement between the Town and the non-profit agency. This partnership
puts the project directly into the community's hands and uses qualified volunteers to
manage the concert series; Town staff resources committed to the program have,
consequently, been significantly reduced. During the last year the Arts and Culture
Commission has focused on the development of a new Arts Plan which was approved
by Council in December. The Plan calls for a pilot project for art banners around Town
Plaza Park, a refurbishment of the Forbes Mill Footbridge, additions to the Town's
public art program, and marketing.
PUBLIC SAFETY
Expand the Los Gatos Prepared campaign to maximize community self-
sufficiency
LG/MS CERT members and emergency management staff have worked to promote the
availability of emergency preparedness training in the community, and as a
consequence have provided LG Prepared presentations outside of the normal October -
Los Gatos Prepared campaign. This effort has been particularly successful in the faith
community. The Police Department has trained approximately 370 residents on CERT
and have established 14 specific CERT neighborhoods, 3 of which have defined and
organized teams. There are 4 Neighborhood Incident Command Posts (NICP's). This
year the CERT leadership team will suspend CERT classes to concentrate on further
development of a CERT team Field Operations Guide and populating the master CERT
database. In addition, County Fire is planning to offer Personal Emergency
Preparedness (PEP) classes throughout the West Valley Cities by 2012. This is an
ongoing strategic goal.
In conjunction with County Fire, finalize and implement evacuation plans and
procedures for areas subject to flooding and fires
In June of 2010, a revised Emergency Operations Plan was approved by Council. This
plan included extensive additions of evacuation appendices and maps for dam failure
and wildfires. These were added to enhance the response, communication and
evacuation route information to those residents in vulnerable areas, including Los Gatos
hillside areas. In January 2011, primary and secondary emergency operations center
personnel are participating in a functional exercise that will model evacuation
procedures for a dam failure resulting from a major earthquake. A communication plan
Page 8 of 9
to inform residents in vulnerable areas about the evacuation routes will also be
developed by Town staff and County Fire by 2012.
Complete the equipping of and training for new Emergency Operations Center
Using Homeland Security and ABAG grant funds, the final significant component of the
new EOC, the communications center, has been installed and is now operational. The
volunteer EOC staff is continuing to adjust EOC operational plans to match the features
of the new facility. Several staff training events have been conducted to familiarize
EOC personnel with the facility. Staff recommends this goal be deemed complete.
Review and update the contract with Monte Sereno for police services to reflect
needs and resources
Staff conducted a review of issues associated with the Monte Sereno police contract
and briefed the Ad Hoc Council sub -committee in October. The review focused on the
historical patterns of the contract and a growing gap between reimbursed costs versus
actual cost for service and percentage of service Toad relative to population in several
categories. In addition, the Ad Hoc committee considered the strict "cost for hours of
service model" against the actual practice of full service police service. The Ad Hoc
committee recommended that the Manager next engage with Brian Loventhal at the
administrative level to discuss the outcome of the study and re-evaluate how to bring
issues forward for joint discussions. This discussion will likely occur during and following
2011-12 budget discussions for both cities.
Page 9 of 9
PRELIMINARY FIVE YEAR FORECAST
Los Gatos Town Council Retreat
(January 22, 2011)
1. Background
a. Preliminary Five Year Forecast included in Retreat packet
b. Five Year Forecast will be part of mid -year budget review;
Forecast will be updated with mid -year revenue and expenditure results
2. Assumptions
a. Overall, Los Gatos less impacted than nation, state and other cities
b. Have continued adding to reserves, largely due to Netflix set -aside
c. Forecast assumes Netflix revenue peaks in 2012, declines thereafter
d. Other revenues flat until 2012, then very slow climb
e. Expenses up only for POA, PERS, medical costs & new library maintenance
3. Bottom Line
a. $2+ million problem next year
b. $1+ million additional problem each year thereafter
4. Additional Information
a. State actions or inactions could compound problem $200 k - $1 m
* Failure to extend tax increases could lead to $200 k loss of COPS funding
* Elimination of redevelopment could lead to $800 k loss, half ongoing
b. Property and sales taxes running ahead of budget for this year
5. Reserves Utilization
a. Prior direction was to hold reserves until recovery in sight
b. Staff recommending budget development based on:
• No planned additions to reserves, except for future capital
• Limited use of existing reserves to capture ongoing savings
• Use anticipated savings this year to cover any State takes next year
c. Likely avoid layoffs and significant service reductions
ALMOND GROVE PLUS STREETS PROJECT
Los Gatos Town Council Retreat
(January 22, 2011)
1. Background
a. Scoping project funded in CIP
b. Report back directed at last year's Council Retreat
2. Work to Date
a. Scoping funds used for inventory and expanded planning area
b. Includes existing concrete streets, including Broadway, plus Bachman area
c. Draft report received this past week
d. Full report and recommendation to Council in March
3. Preliminary Analysis
a. Full concrete street replacement, including gutters and sidewalks
b. Asphalt streets repaired or replaced as warranted
c. Replacing concrete streets with concrete costs —8% more, currently
4. Preliminary Cost Projections:
Current
CONCRETE STREETS
ASPHALT STREETS
COMBINED
Estimates
Low
High
Low
High
Low
High
Construction
10,106
10,944
5,587
5,767
15,693
16,711
Design
1,011
1,094
559
577
1,569
1,671
Mgnt/Admin
808
876
447
461
1,255
1,337
TOTAL
11,925
12,914
6,593
6,805
18,518
19,719
All numbers in $1,000's
5. Sources of Funds for Council Consideration (and rough estimates):
a. Sale of Town assets ($2 to 8 m)
b. Available Redevelopment funding, if any (up to $6 m)
c. Library Project savings ($1 to 2 m)
d. Parking Reserve ($800 k)
e. Maintenance Assessment District (unknown)
f. Reallocation of existing Five Year CIP Projects ($500k — 1m/year)
g. Other competing uses include: Pageant Park, old library, other streets, etc.
6. Retreat Discussion
a. Direction in advance of March report
b. Priorities for funding and staff focus
2011 Town Council Retreat
Saturday, January 22, 2011, 8:00 a.m. to 12:30 p.m.
Police Operations Building
Purpose of Retreat
The purpose of the 2011 Town Council Retreat is to provide an opportunity for the Council to
discuss goals and priorities for the next two fiscal years within the context of the Town's
projected fiscal status for FY 2011/12 and beyond.
8:00 Continental Breakfast
8:30 Call to Order and Verbal Communications
8:40 Review Purpose, Agenda and Format
8:45 Council Role and Responsibilities
➢ Council/Manager form of government
> Council Code of Conduct
9:00 Goal -Setting Framework — Five-year forecast
9:30 Review of Core Values and Strategic Goals
> Core Values — Confirmation of core values
> Strategic Goals
• Status of 2010-2012 Goals — Questions and comments
• Almond Grove street improvements — project update
10:00 Break
10:15 FY 2011/12 —FY 2012/13 Strategic Goals
➢ Strategic Goals
• Carry-over goals
• Potential new, replacement and deleted goals (Council, Commissions and staff)
• Discussion and prioritization
12:15 Wrap-up
➢ Next steps
12:30 Adjourn to Closed Session for Town Manager Annual Evaluation
TOWN OF LOS GATOS
POTENTIAL CHANGES TO STRATEGIC GOALS FOR 2011 — 2013
ATTACHMENT
Potential New Goal
Core Value
Commission
Staff
Implement the Arts Master Plan to
promote arts in the Town
Note: Recommend to replace goal
"Restructure community arts and culture
programs and services"
Civic
Enrichment
X
Develop a Turf Conversion Policy
Quality
Infrastructure
X
Improve connections between existing
on -street bicycle lanes, multi -use trails
and open space
Civic
Enrichment
X
Develop a maintenance plan and criteria
for each park
Quality
Infrastructure
X
Refine definition of and criteria for
"community benefit" determinations
related to development projects
Community
Character
X
Develop "Complete Streets Program"
that plans for a balanced, multimodal
transportation network
Quality
Infrastructure
X
Develop program to address traffic
circulation and student parking related to
Los Gatos High School in collaboration
w/LGHS
Good
Governance
X
Identify programs to reduce teen stress
Public Safety
X
Develop policies to limit teen access to
tobacco
Civic
Enrichment
X
Implement comprehensive customer
service enhancement measures to meet
community needs
Note: Recommend to replace goal
"Increase availability of online services"
Good
Governance
X
Implement review and update of
performance measures, including
community measures from a new
community satisfaction survey, to track,
improve and communicate results of
Town services.
Good
Governance
X
Potential Existing Goals for Deletion
Implement program to ensure the
appropriate locations for and condition of
newspaper racks in Downtown*
Community
Character
X
Complete and adopt the 2020 General
Plan focused update, including new
Housing Element
Community
Character
X
Advocate for Vasona Tight rail extension
to Los Gatos
Quality
Pubic
Infrastructure
X
Complete the equipping of and training
for new Emergency Operations Center
Public Safety
X
Potential Existing Goals for
Replacement
Per above:
Replace "Increase availability of online
i services to meet customer needs 24/7"
with "Implement comprehensive
customer service enhancement
measures to meet community needs"
Good
Governance
X
Per above:
Replace "Restructure community arts
and culture programs and services to
meet community priorities and needs"
with "Implement the Arts Master Plan to
promote arts in the Town" (or edited
version)
Civic
Enrichment
X
*Although staff work will continue into FY 11/12, this goal will be completed early in the fiscal year.