01 Staff Report - Approve Council/Planning Commission Best Practices~owN OF MEETING DATE: 9/5/06
ITEM NO:
cos sA~s COUNCIL AGENDA REPORT
DATE: August 31, 2006
TO: MAYOR AND TOWN COUNCIL
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: APPROVE COUNCIL/PLANNING COMMISSION BEST PRACTICES FOR
EXCELLENT PERFORMANCE
RECOMMENDATION:
Approve the Best Practices for Excellent Performance which were developed by the Town
Council and the Planning Commission with the assistance of staff through the course of this
year's Council/Commission retreat.
BACKGROUND:
The Town Council and the Planning Commission held a retreat on May 24, 2006 to discuss
issues relevant to creating a culture of excellence in the way the Town performs its function and
conducts the public's business.
DISCUSSION:
Attached is a copy of the Draft Best Practices for Excellent Performance that was reviewed at the
recent Planning Commission/Town Council retreat (Attachment 1). The document has been
updated based upon the retreat discussion.
The Planning Commission reviewed the document on July 12, 2006 and forwarded it to the
Council without comments. Commissioner Bourgeois independently suggested some
constructive changes which have been incorporated. The Best Practice about "Comments that
force the Mayor/Chair to cut you off' has been moved out of the professional section and was
expanded. This issue is now addressed at the end of the last paragraph of the first page of the
document (last three sentences). Staff also made a few clarifications to Sections 3 and 4 of the
document based on a question from Councilmember Spector. .
PREPARED BY: BUD N. LO TZ,
Director of Community Development
nAdev\cnclr ts\2006\best practices re orttc- 3-7-06.doc
Reviewed by: Assistant Town Managers .'i Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: DRAFT BEST PRACTICES FOR EXCELLENT PERFORMANCE
August 31, 2006
Staff requests that.the Council adopt the Draft Best Practices for Excellent Performance or
provide any comments on the document. Staff envisions this as a "living document" that can be
updated based on input at the annual retreat between the Commission and Council.
ENVIRONMENTAL ASSESSMENT: None
FISCAL IMPACT: None
Attachments:
1. Draft, Version-6 Best Practices for Excellent Performance as a Town Council/Planning
Commission Member (8 pages)
Distribution:
Planning Commissioners
DRAFT, VERSION-6
Best Practices for Excellent Performance
as a Town Council/Planning Commission Member
The attached list of Best Practices was developed as part of the ongoing and overarching
goal of creating a culture of excellence in the way the Town performs its functions. and
conduct the public's business. The list was discussed and agreed to by the Council and
Planning Commission at a joint retreat held on May 24, 2006.
The team responsible for designing the retreat agenda, Mayor Diane McNutt, Planning
- - - - Commission Chair-Phil .Micciche,- Bud_Lortz, Debra Figone,-and consultant Shawn
Spano, first generated a preliminary list of best practices derived from statements and
policies set forth in the Council Code of Conduct and the Planning Commissioner's
Handbook. These practices are organized into six categories:
1. Professional
2. Customer service oriented
3. Good judgment
4. Objective/fair
5. Efficient
6. Persuasive
In order to prepare for the retreat, Planning Commissioners and Council members
individually reviewed the draft list in advance, and then shared their thoughts, opinions,
and perspectives with each other at the retreat. The list was then revised and submitted
again to Council members and Planning Commissioners for individual review and
comment to staff. The attached document represents the results of the retreat discussion
and subsequent review, incorporating the changes, additions, and modifications that were
suggested. While this document is certainly open to further refinement, it is important to
note that there was consensus among Commission and Council that the list does indeed
reflect a set of Best Practices for their performance.
The retreat planning team envisions this document serving as a reference guide for
present and future Planning Commissioners and Council members as they evolve in their
respective roles. In this regard, the document is intended to help foster awareness and
understanding of what constitutes "good practice" in the Town of Los Gatos. At the same
time, the document can help Council members and Planning Commissioners gauge and
improve their own individual performances. For example; .the Chair/Mayor can use the
document to help manage public meetings by establishing: guidelines for judging the
effectiveness and appropriateness of particular comments and behaviors. The question of
whether to intervene and curtail comments is often difficult to determine. This document
can help all Council members and Commissioners make distinctions between what is
effective/appropriate and ineffective/inappropriate.
ATTACHMENT 1
In the future, staff might consider consulting with Council and Planning Commission on
identifying a small set of Best Practices that transcend the six categories. Two potential
practices emerged from the May 24 retreat. One is the practice of being consistent and
fair in applying standards, codes, and policies. This practice is viewed as contributing to
professionalism, customer service orientation, good judgment, etc. A second practice
might focus on the role of active and open listening, also construed as a demonstration of
professionalism, customer service orientation, good judgment, etc. As these comments
indicate, there is some overlap between practices.
1. PROFESSIONAL
'In practice, this means... j nd avoiding...
• Understanding the roles of standards,
guidelines and the General Plan in
decision-making
• Being prepared
• Offering comments with respect*
• Respecting the role of the Mayor/Chair
in running the meeting
Respecting the contributions of - -
individual Commissioners and Council
members.
• Respecting staff and the Town's
consultant's recommendation and
comments
• Being careful of your comments since-
they can be taken out of context,
misinterpreted and lead to litigation
• Sarcastic or condescending remarks
• Comments that discredit the Town or its
consultants/staff (e.g. damage the
reputation; disgrace; distrust)
• Comments that are inappropriate or that
can be taken out of context
• Rambling, pontificating, and
- - -speechmaking - - - - -
• Lecturing a colleague
• Disrespectful mannerisms, tone of
voice, and gestures
* The term "respect" is used here and
elsewhere to indicate positive regard,
consideration, and appreciation for others.
Respect does not imply agreement. It does
imply mutuality: Those who receive respect
also show respect and vice-versa.
2. CUSTOMER SERVICE ORIENTED
In practice, this means... nd avoiding...
• Respecting the rights of residents,
businesses and property owners to
pursue their goals and dreams
• Asking questions of applicants during
the presentation and rebuttal
• Recognizing that the words and
- decisions used by the PC and TC -have-
tremendous emotional impact on the
applicants and their quality of life
• Being solution oriented within the
framework of the Town's policies and
procedures as a way to help the
applicant
• Recognizing that there are multiple
customers
• Raising objections or questions after
public hearing is closed
• Redesigning from the dais
• Trying to convince or persuade the
applicant that your point of view is
correct
- Lecturing an applicant--
3. USE GOOD JUDGMENT
In practice, this means... ,And avoiding...
• Making decisions by reading the
General Plan in context
• Granting an exception when the
regulation allows for it and if the
situation warrants it
• Taking issues that are not addressed by
-regulations "off-line"from the ptoject-
being considered (e.g. requesting that an
issue be agendized for discussion by TC
or PC)
• Focusing on one policy in the General
Plan to oppose a project without
considering other policies that support
the project.
• Being overly literal when interpreting
policy
Looking for a way -to deny a project
because it is challenging
• Being arbitrary
• Continuing a project when a condition
of approval will suffice
• Holding up a project for an issue that is
not specifically addressed by policies
and standards
4. OBJECTIVE/FAIR
In practice, this means... And avoiding...
• Performing your duties and serving in a
quasi judicial manner
• Demonstrating fairness
• Listening to all evidence and
considering all information
• Setting aside personal bias
• Using existing policies and regulations
- - - - - toevaluate a project - -
• Personalizing your decision (i.e., I have
a small house...)
• Micromanaging an applicant's project
• Evaluating a project based on personal
experience or expertise.
5. EFFICIENT
In practice, this means... And avoiding...
• Asking questions of staff prior to the
meeting
• Identifying ahead of time primary issues
or concerns and stay focused on them
• Outlining evidence supporting findings
as the hearing progresses
• Identifying and prioritizing your
primary concerns -
• Waiting to ask questions at the meeting
• Delving into minutia
• Waiting to create findings after the
close of the hearing
• Having so many concerns that you start
to dominate the meeting
• Duplicating comments already made
Allowing-time--constraints-to-trump
- -
excellence in planning
• Orally listing reasons for opposing a
project after the vote (better to state the
reasons in writing if there is a personal
desire to ensure that they are included in
the record)
6. PERSUASIVE
'In practice, this means... And avoiding...
• Respecting the views of your fellow Dismissing other points of view,
Council/Commission members making personal attacks, or arguing
• Using logic and specific examples to with your fellow Council/Commission
make your case and convince your members
colleagues Appealing to emotions and feelings
• Terms like "I feel" rather than citing
codes and policies
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