Loading...
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 THIS PAGE INTENTIONALLY LEFT BLANK PAGE 2 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. THIS PAGE INTENTIONALLY LEFT BLANK PAGE 3 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 THIS PAGE INTENTIONALLY LEFT BLANK 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 C 7,7 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 103,, DES (,J'1.(P IisN [{l t? 'ii,1 ` ,SDI=s::' VVi—f A'j' 1 '...rt _ �j 3.1 LS .Lf rt ,flIA!�+ jft �- i iema.org/pm -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 -1- 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. -2- 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 -3- • 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. -5- 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: SP. k� Town Attorney N:1MORL\dmiHMaslcss`,Council I'olicicsVCock of ConducLdoc -16- ATTACHMENT 1 r 'O U 3 C 0 > 0 a) () E) +TE U c E O- E `0 2 0 C 2 0 4) b N U 0 (y) 3 O) .> C U n 3 U C a)! n ca y c ai E E W O 8 t 0 oz 0 la 0 CC 0 ted 4:. C U 4.. m "" U 0' CO 0 4 0 't U C. 0 0 v: 0 m 0 o_ E u � .E CO 0 b a o L. ` J E E 3 b 4 `m m a)enrn 0 0 b a) y, U N� (AL. N d U co m .E C 0. Zm :3 i) 00 y b O7 W°'cw°'E°am E E_� o o u Q U �o t Po ,R N 4 V 0 1 4.-b Nw- ?� 0 O co o > c N O b a U a) co G .E a) Oa) cna O m d 2 0 .O •.y. a >0ccoE mo`m m .E.°E ime y0 c_L. a) 3 ca)()) W.)t 4)) W c a) O b L m -Q 3 O E U G m 0 .0 U m t-C O m p E 3 G .G O ` co 0 o m o co a Q. CD: 11 os as ULl .0 U 43 mco co ti v too E e m E 0 0 EO .� o o 3 0) m E " 22 U 0 O 3 www.Iosgatosca.gov. 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 it-rir.o.Mhf>.M, ^g Tiihfrt`r1, Recycled Water wA a resource for the fll tune Where does the treated wastewater qo? Committed to helping California public agencies to fulfill their mission. How wastewater becomes recycled water I ... I.J.61.R •m.. i.11,e....d ..•1,11,1 ai. iyv..�"�•! `i. ..._...... _ � 11.'. e l l _ • f tie 170, '. fah'g4 4 •�� .w!xS'..A 4i111,1 • Recycled BiOS01'b turning waste into The other 1% Although the ,eA•te„A1.1 mm Irulment plant is of Ater! valid mat,rial, are rerm.ed ,It trcalmenl prune,,. NTat happen, to these mak,i, 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 J:lr'h'G1WJiTA:L^ i�' :ww VIAIVAMV.+cicala. ..W.c•.501 ..:rarx,vF.msnwxua4.v. 4W401 WWJAraauvdISSZL mr.H-a,xx4A1V61 aiLL'auraN.a.arnLW itMOVXW"stli[MxrFF",uS7J:ti0ktetalaSYatklabirFAMEGsbtHrtfishes OrtaT3t2021ileiltMILMAIPI iMEllS4ardiM 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.