How to participate: The Town of Los Gatos strongly encourages your active participation in the public process, which is the cornerstone of democracy. If you wish to speak to an item on the agenda, please follow the participation instructions on page 2 of this agenda. The time allocated to speakers may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of the community in an effective and efficient manner. For the benefit of the community, the Town of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council meetings and treat everyone with respect and dignity. This is done by following meeting guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated, including but not limited to: addressing the Town Council without first being recognized; interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing the same subject.
Deadlines for Public Comment and Presentations are as follows:
Persons wishing to make an audio/visual presentation on any agenda item must submit the presentation electronically, either in person or via email, to the Clerk’s Office no later than 3:00 p.m. on the day of the Council meeting.
Persons wishing to submit written comments to be included in the materials provided to Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS
SPECIAL MEETING OF THE TOWN COUNCIL:
COUNCIL RETREAT AGENDA
JUNE 13, 2023
15900 LOS GATOS BOULEVARD AND VIA
TELECONFERENCE
LOS GATOS, CA
2:00 PM
Maria Ristow, Mayor
Mary Badame, Vice Mayor
Matthew Hudes, Council Member
Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
TOWN OF LOS GATOS
SPECIAL MEETING OF THE TOWN COUNCIL: COUNCIL RETREAT AGENDA JUNE 13, 2023
15900 LOS GATOS BOULEVARD AND VIA TELECONFERENCE
2:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at 15900 Los Gatos Blvd, Emergency Operations Center/Training Room, Los Gatos, California and virtually through the Zoom webinar application (log-in information provided below). Members of the public may provide public comments for the agenda item in-person or virtually through the Zoom webinar by following the instructions listed below.
PARTICIPATION
To provide oral comments in real-time during the meeting:
Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join: https://losgatoscagov.zoom.us/j/84025771748?pwd=SDErY2RiQ0pSN2pNaUI4M0NmTDVtQT09 Passcode: 464642 You can also type in 840 2577 1748 in the “Join a Meeting” page on the Zoom website at https://zoom.us/join.
o When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your telephone keypad to raise your hand. Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008 US Toll. Conference code: 686100
o If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
In-Person: If you wish to speak during the meeting, please complete a “speaker’s card” and return it to the Town Clerk. If you wish to speak the item on the agenda, please list the item number. The time allocated to speakers may change to better facilitate the Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of residence. This identifying information is optional and not a requirement for participation. Please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for speakers at a Council meeting.
If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” [email protected].” Comments received by 11:00 a.m. the day of the meeting will be reviewed and distributed before the meeting. All comments received will become part of the record.
RULES OF DECORUM AND CIVILITY
To conduct the business of the community in an effective and efficient manner, please follow the meeting guidelines set forth in the Town Code and State law.
The Town does not tolerate disruptive conduct, which includes but is not limited to:
· Addressing the Town Council without first being recognized; · Interrupting speakers, Town Council, or Town staff;
· Continuing to speak after the allotted time has expired; · Failing to relinquish the microphone when directed to do so; · Repetitiously addressing the same subject.
Town Policy does not allow speakers to cede their commenting time to another speaker. Disruption of the meeting may result in a violation of Penal Code Section 403.
MEETING CALLED TO ORDER
ROLL CALL
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council only on the matter listed on the agenda. This portion of the agenda is limited to 30 minutes and no more than three (3) minutes per speaker. In the event additional speakers were not able to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment.)
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following items.)
1. Town Council Retreat: Discussion of Values, Norms, and Principles
ADJOURNMENT
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the meeting are available for review in the Town Council Chambers.
Note: The Town of Los Gatos has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a decision of the Town Council must be brought within 90 days after the decision is announced unless a shorter time is required by State or Federal law.
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL RETREAT REPORT
MEETING DATE: 06/13/2023
ITEM NO: 1
DATE: June 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Town Council Retreat
REMARKS:
The current Town Council is scheduled to have its first Retreat in June. Retreats are considered a best practice in local government to provide the Town Council an opportunity to consider bigger picture topics together and foster teamwork. Attachment 1 contains an Annotated Agenda describing the specific discussion topics. Communications consultant Dr. Shawn Spano is facilitating the afternoon.
This retreat builds on the work of earlier retreats with the previous Council. Specifically, the current Council has an opportunity to review the Town Council Values, Norms, and Principles agreed upon last fall (see Attachment 2). These Values, Norms, and Principles are intended to be reviewed and modified as the Council determines is appropriate. The Retreat provides for this opportunity.
Last fall, the Council requested that the Town Council Values, Norms, and Principles reside in the Council Member Handbook:
https://www.losgatosca.gov/DocumentCenter/View/26312/Council-Member-Handbook?bidId= (see Chapter 1). The Council may choose to identify another location if it wishes, such as the Town Council Code of Conduct (Attachment 3).
As noted on the Annotated Agenda in Attachment 1, the Council will also engage on the topic of the Council’s diversity, strengths and appreciations. You may wish to give some thought to the prompts in Attachment 1.
Finally, the Council Members will use their Values, Norms, and Principles as a starting point to develop a new set of values to help guide how they and staff want to engage with community members and how they would like the community members to engage with them at Council meetings or other settings. The purpose of this work is to define a positive statement about
PAGE 2 OF 2
SUBJECT: Town Council Retreat
DATE: June 7, 2023
REMARKS (continued):
our Los Gatos community and clarify expectations during Council meetings that reinforce our positive values such as respect, kindness, and openness to different perspectives. Depending on the outcome of the discussion, this may supplement and/or replace the Civility Rules that are now shared before every Town meeting (see Attachment 3, pages 3 and 4).
As the Council prepares for the Retreat, Council Members may also want to review and/or refer to:
The most recent Council Strategic Priorities (Attachment 4), General Plan 2040 Vision and Guiding Principles (Attachment 5) Attributes of Exceptional Councils (Attachment 6)
ENVIRONMENTAL ASSESSMENT:
The Council’s conversation during the Retreat is not a project defined under the Californian Environmental Quality Act, and no further action is required.
Attachments:
1. Annotated Agenda
2. Los Gatos Town Council Values, Norms, and Principles
3. Town Council Policy Number 2-04: Town Council Code of Conduct
4. 2023-2025 Strategic Priorities
5. General Plan 2040 Vision and Guiding Principles
6. Attributes of Exceptional Councils
1 ATTACHMENT 1
Annotated Agenda
Los Gatos Town Council Retreat
June 13, 2023
2:00 p.m. – 5:00 p.m.
Police Operations Building Emergency Operations Center
Desired Outcomes
Review and revise, as needed, Council’s Values, Principles, and Norms (“How We Work Together”).
Develop a set of values to help guide Council and staff interactions with community members.
Continue to build a cohesive and effective Town Council governing body.
Materials for Packet
Town Council “How We Work Together” document (Values, Norms, and Principles) Town Council Code of Conduct, including Council Meeting Rules of Decorum and Civility Link to Town Council Member Handbook
General Plan Vision and Guiding Principles (section 1.3) Strategic Priorities 2023 – 2025
Attributes of Exceptional Councils (Institute for Local Government article) I. Set Retreat Context
Welcome – Mayor Maria Ristow and Town Manager Laurel Prevetti Preview agenda and format – Facilitator Shawn Spano
- Consider using first names during retreat
Agreements for effective retreat communication:
- Be present and engaged
- Speak freely
- Listen to understand
- Challenge ideas, not the person
- Maximize participation
- Any additional agreements to add?
II. Public Comment
III. Warm Up Questions
• Councilmembers each respond to these prompts:
What vacation plans, if any, do you have for this summer? What is the story behind your name?
Who has been the biggest role model in your life, the person who has had a significant influence on you?
2 ATTACHMENT 1
IV. Council Values, Norms, and Principles
• Council reviews and discusses the “How We Work Together” document:
- What questions do you have about the values, norms, and principles? - Is there anything missing, or anything that needs to be added, changed, or revised? - Last year’s Council recommended including the values, norms, and principles in the Council Member Handbook. Is that still the case? Or should it reside somewhere else (e.g. Town Council Code of Conduct)?
• Council identifies how the values, norms, and principles were used in practice:
- Each Council member selects one of the items and gives an example of how Council demonstrated and applied the value, norm, or principle in their discussions, deliberations, and decision making.
V. Council Diversity, Strengths, and Appreciations
• Council identifies the skills, experiences, and qualities that they appreciate in each of their colleagues:
Begin with Mayor Ristow – What skills, experiences, and qualities does Maria bring to the Council that contributes to and enhances the work of the group? Continue with the Vice Mayor and three Council members. Conclude by summarizing the range of items that emerged, and discussing how Council can maximize their diverse strengths to serve the community.
VI. Council, Staff, and Community Values
• Council will use their current values, norms, and principles as a starting point to develop a new set of values to help guide how they and staff want to engage with community members, and how they would like community members to engage with them.
Which of the current list of eight values can be adapted to Council/staff and community interactions?
How should the values be revised to promote constructive and positive community engagements (e.g. public meetings)?
What other values should be considered?
How might the four Council Meeting Rules of Decorum and Civility be reworked into positive, forward-focused value statements?
How should the values be implemented and operationalized? Brainstorm how they might be employed at a Council meeting.
What are the next steps to finalize the community values? VII. Wrap Up and Next Steps
Summarize and affirm key points, agreements, and next steps for any outstanding items. Mayor Ristow closes the retreat.
1 ATTACHMENT 2
Los Gatos Town Council
“How We Work Together”
Values, Norms, and Principles
Overview:
Town Council members developed this How We Work Together document in order to identify the values, norms, and principles guiding their working relationships as the Town’s governing body. The first draft of the document was developed at the March 2022 Council retreat, and was reviewed, refined, and finalized at their September 2022 retreat. At Council’s request, Executive Staff identified their expectations of Town Council. Many of the staff’s ideas overlapped with Council’s values, norms, and principles and were integrated together as part of the final document. Council also agreed to treat this as a “living document” that should be reviewed and updated on a regular basis with each new Council.
Los Gatos Town Council’s Values, Norms and Principles:
Be Respectful and Professional
o Council behavior should always be respectful and professional o Council sets a respectful tone for the community and staff o Respect staff and their expertise
o Expect and practice civility and decorum
o Demonstrate appreciation and value each Council member equally Trust Each Other
o Trust each other and staff
o Give each other the benefit of the doubt
Work as a Team
o Value the partnership between Council, staff, and the community o Demonstrate commitment, work hard, and come prepared
o Treat each other with respect and as members of the same team, even if opinions differ
o Work at building relationships as colleagues on an on-going basis Appreciate Diverse Perspectives
o Bring your diverse views and perspectives to Council discussions o Appreciate the diverse points of view and perspectives of others o Stay open to other points of view before deciding/locking into positions Bridge Differences
o Work at building consensus and compromise; collaborate and bridge differences o Hold no grudges; do not become polarized
2 ATTACHMENT 2
Remain Open, Flexible and Adaptable
o Listen openly to each other, the community, and staff o Remain flexible and adaptable as the environment is always changing o Be responsive
Manage Governing Processes Effectively and Efficiently o Know when there is enough information and move on; avoid excessive information and data requests
Follow Council Policy
o Follow Council policy frameworks or work together to change them through the democratic process
TITLE: Town Council Code of Conduct
EFFECTIVE DATE: 5/3/2004
ENABLING ACTIONS: 2004-059; 2006-
111; 2021-047
APPROVED:
I. Preamble
POLICY NUMBER: 2-04
PAGES: 8
REVISED DATES: 12/17/2012; 3/3/2015;
12/17/2019; 11/2/2021; 10/4/2022
The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. These expectations of conduct also apply to all members of the Town's Boards, Committees, and Commissions.
II. Form of Government
The Town of Los Gatos operates under a Council-Manager form of government as prescribed by Town Code, Section 2.30.305. Accordingly, members of the Council are elected at-large, provide legislative direction, set Town policy, and ultimately answer to the public. The Town Manager serves as the Town's chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction.
Ill. Town Council Roles and Responsibilities
The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community's desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes.
Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving.
ATTACHMENT 3
TITLE: Town Council Code of Conduct
IV. Mayoral and Vice Mayoral Selection Process
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POLICY NUMBER:
2-04
Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special_meeting in December by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority vote of the Council.
V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor:
Mayor ·. "\
, .
A. The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager and leading Council meetings.
B. The Mayor recommends various standing committee appointments to the Council for approval.1 This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as s/he deems appropriate.
C. The title of Mayor carries with it the responsibility of communicating with the Town Council, Town Manager, members of the public, and the media regarding decisions made by a majority of the Town Council. The Mayor also represents the Council at official and ceremonial occasions.
D. 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, and delivering the State of the Town Address at his or her discretion.2 The Town Council will determine any additional authority or duties that the Mayor shall perform.
E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the Town Council.
F. In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board/Commission policies and procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook.3
1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation Policy
3 Resolution 1999-167
TITLE: Town Council Code of Conduct
Vice Mayor
PAGE:
3 of 9
POLICY NUMBER:
2-04
A. In the Mayor's absence, the Vice Mayor shall perform the formal duties of the Mayor.4 B. When the Vice Mayor performs the duties of the Mayor in his/her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public.
VI. Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council Members should:
A. Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed by the individual's last name.
B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions and allow for the debate of issues.
C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items.
D. Council decisions should be reserved until all applicable information has been presented.
E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Council Members may ask the speaker questions. Council comment and discussion should commence upon the conclusion of all public testimony VII. Maintaining Civility at Council Meetings
The public is welcome to participate at Town Council meetings and the Mayor should remind the public of the Town's expectations for civility in order for the business of the Town to be completed efficiently and effectively. These expectations include and are not limited to:
A. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town's meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.
B. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council Meetings. 4 Council Agenda Format and Rules Policy
TITLE: Town Council Code of Conduct PAGE:
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POLICY NUMBER:
2-04
C. Town Council and staff are well aware of the public's right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape or form at Town Council meetings.
D. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.
E. The Town will go through the following steps if a disturbance results from a member of the public not following these rules:
1. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy.
2. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting.
3. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403.
VIII. Legal Requirements
The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town's legal officer and is available to advise the Council on these matters.
A. Training
Biannual training in the following areas shall be provided by staff to Council Members:
1. The Ralph M. Brown Act
2. Town/ CA State Law on Conflict of Interest (AB 1234)
3. Government Section 1090
4. Incompatible Offices
5. The Fair Political Practices Commission Forms
6. Bias
7. Town/ CA State Law on Harassment (SB 1343)
B. Procurement
Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services.
TITLE: Town Council Code of Conduct
C. Land Use Applications
PAGE:
5 of 9
POLICY NUMBER:
2-04
The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/her decision on a matter pending before the Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and before Council deliberations.
D. Code of Conduct Policy
Newly elected Council Members are strongly encouraged to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.
E. Non-Profit Organizations
Council Members may not sit on boards of directors of non-profit organizations which receive funding or in-kind contributions from the Town, unless the role serves a legitimate Town purpose, such as the League of California Cities, and the participation is approved by the full Council.
IX. Council Participation in Boards, Commissions and Committees, and Reporting Requirements
There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town boards and commissions, regional boards and commissions, and community-generated committees.
Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide updated reports to the Council during the "Council Matters" opportunity on the Council meeting agenda.
Recommended actions by Council Committees should be reported to the Council. When serving on a Council Committee, whether standing or ad hoc, all work undertaken by the Committee must be directed by the Council, and all recommended actions of a Council Committee shall be reported to the Council.
X. Council Relationship with Town Staff
The Town Council has adopted a Council-Manager form of government. The Town Manager's powers and duties are outlined in the Town Code, Section 2.30.295.
Council Conduct and Communication with Town Staff
To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines:
TITLE: Town Council Code of Conduct PAGE:
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POLICY NUMBER:
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A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with Town staff.
B. Council Members should direct questions about policy, budget, or professional opinion to the Town Manager, Town Attorney or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff.
C. The Town Manager and staff are responsible for implementing Town policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/program administrative functions and implementation; rather it should provide policy guidance to the Town Manager.
D. Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings.
Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.
E. Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager's responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council.
F. Council Members should not attend department staff meetings unless requested by the Town Manager.
G. All Council Members should have the same information with which to make decisions.
Information requested by one Council Member will be shared with all members of the Council.
H. Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees.
I. Per California Government Code, Sections 3201-3209, Council Members should not solicit financial contributions from Town staff or use promises or threats regarding future employment. Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.
XI. Council Communication with the Public and other Council Members The Public has a reasonable expectation that it may engage its Council Members on matters of community concern. In response, Council Members may express a preliminary opinion on general issues or policies that are in the development phase. Any such preliminary statement shall not indicate that a decision has been reached before the public hearing or create a presumption of bias on any quasi-adjudicatory decision such as a land use approval. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently adopted Council policies or explain an individual vote. Such
TITLE: Town Council Code of Conduct PAGE:
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POLICY NUMBER:
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statements are permissible if clearly characterized as personal opinion or policy change objectives rather than the opinion of the full Town Council.
XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The purpose of the policy language is to establish a process and procedure that:
1. Allows the public, Town Council, and Town employees to report Code of Conduct policy violations or other misconduct.
2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary.
B. Procedures
1. Reporting of Complaints
The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct:
a. Complaints made by members of the public, the Town Manager, and Town Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor.
b. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements. c. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor.
2. Evaluation of Complaints Alleging Violations
Upon report of a written complaint, the Town Manager and Town Attorney will join the Mayor or Vice Mayor as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below.
If the Town Manager or Town Attorney is the complainant, the longest serving uninvolved Council Member will replace the Town Manager or Town Attorney on the evaluation committee.
Within seventy-two (72) hours of receipt of the complaint by the Mayor or Vice Mayor, the Council Member in question shall be notified of the reported complaint by the Mayor or his/her designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the complainant and nature of the complaint.
TITLE: Town Council Code of Conduct
3. Unsubstantiated or Minor Violations
PAGE:
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POLICY NUMBER:
2-04
If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy.
4. Allegations of Major Violations
If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report his/her initial findings back to the Committee.
If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials.
5. Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other Town policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding.
The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council.
Where there is no consensus of the Committee regarding the recommendations, the matter shall be referred to the Council.
The subject Council Member shall be notified in writing of the Committee's decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council.
TITLE: Town Council Code of Conduct
6. Proceedings
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POLICY NUMBER:
2-04
Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response.
Investigative findings shall be presented to the Town Council at a public hearing.
The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding.
C. Disciplinary Action
1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of Town policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
2. Types of Sanctions
At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment-A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. b. Revocation of Special Privileges -A revocation of a Council Member's Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles. c. Censure -A formal statement or resolution by the Council officially reprimanding a Council Member.
APPROVED AS TO FORM:
Prudent Financial Management
Quality Of LifE
Traffic/Transportation
Safety
Address Pension & OPEB Obligations
Sell or Lease Certain Town Properties
Develop a Five-Year Structurally Balanced
and Sustainable Operating Forecast
Explore New Revenue Opportunities
Cure Forecasted Structural Deficit
Develop a Five-Year Full Funded Capital Plan
Community Vitality
Diversity, Equity & Inclusion Efforts
Community Where Older Adults Thrive
Adopt a Senior Road Map
Events & Other Town-Wide Efforts
Community Engagement
Environmental Sustainability/Climate Resiliency
Economic Vitality & Pandemic Recovery
Policies & Ordinances
Semi-Permanent Parklets
Streamline Permit Process
Land Use Planning
General Plan 2040
Housing Element
Affordable Housing Partnerships
SB9 Implementation
Work with Town Partners to Support Needs of
Unhoused Residents
Redefine Town Commissions in Alignment with
Strategic Priorities
Comprehensive Parking Study
Short, Medium, and Long-Term Actions
Transportation Demand Management
Measure B Transportation Projects
Bicycle & Pedestrian Improvements
Community Shuttle
Summer/Rush Hour/School Traffic
Regional Transportation Issues
Traffic Calming/Safety for All Users
Community Policing
Emergency Preparedness
CERT Recruitment & Training
Communications, EOC Readiness &
Emergency Plan Development
Fire Protection
Implementation of Ad Hoc Wildfire
Mitigation Plan
Vegetation and Hazardous Tree
Management
Ongoing Strategic Priorities
2023-2025
ATTACHMENT 4 Page 19
2040 General Plan Vision and Guiding Principles
ATTACHMENT 5
Vision: The Town of Los Gatos is a welcoming, family-oriented, and safe community nestled in the beautiful foothills of the Santa Cruz Mountains. The Town takes pride in its smalltown character, historic neighborhoods, local culture and arts, excellent schools, and a lively and accessible downtown. The Town is pedestrian friendly and offers a choice of mobility options, housing opportunities, and superior public facilities and services, governed by an open and responsive local government that is fiscally sound. The Town includes a mix of businesses throughout Town that serve all residents, workers, and visitors. A dynamic and thriving community, Los Gatos is committed to racial, social, and environmental justice and underscores its commitment to long-term wellbeing by embracing sustainability.
Guiding Principles
▪ Community Vitality: Invigorate Los Gatos as a special place for community gathering, commerce, and other activities for residents and visitors. Foster the economic vitality of all Los Gatos business locations.
Preserve and enhance the Town's historic resources and character while guiding the community into the future.
▪ Connectivity: Emphasize the importance of connecting all facets of the Town to build a strong sense of community through building design, walkability, and safe streets. ▪ Diverse Neighborhoods: Foster appropriate investments to maintain and enhance diverse neighborhoods, housing opportunities, and infrastructure to meet the needs of all current and future residents.
▪ Fiscal Stability / Responsibility: Provide high quality municipal services to the Los Gatos community while sustaining long term fiscal wellbeing.
▪ Government Transparency: Conduct governmental processes in an open manner and encourage public involvement in Town governance., adoption
▪ Inclusivity: Value the importance of and promote ethnic, cultural, and socio-economic diversity and equity to enhance the quality of life in Los Gatos.
▪ Mobility: Provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.
▪ Promote Public Safety: Maintain and enhance Los Gatos as a safe community through preparation and planning, education, and community design that is responsive to the full range of potential natural and man-made hazards and safety issues.
▪ Protect Natural Environment: Protect and enhance the natural environment and biotic communities that define Los Gatos, including but not limited to open space preserves, recreational trails, surrounding hillsides, and natural waterways.
▪ Sustainability: Manage, conserve, and preserve Los Gatos' natural environment for present and future generations. Identify and provide opportunities to enhance the Town' s sustainability policies and practices.
1 Leading public organizations and governing with colleagues on a council is a challenging art of community service. The Institute recognizes that many aspects of leadership and governance are not intuitive. This piece is intended to provide councilmembers and city managers insight into the attributes of exceptional councils as well as provide practical tips to help them become exceptional.
1. Exceptional councils develop a sense
of team – a partnership with the city
manager to govern and manage the city
The mayor, councilmembers and city manager see
themselves and work as a team as they undertake a
series of tasks to further their common purpose. The
individual team members work in a coordinated and
collaborative manner with a high degree of respect, trust and openness. The team values diversity in style and
perspective. The team thinks and acts strategically as it examines issues/situations and decides on a course of
action serving their city’s mission and goals.
KEY CHARACTERISTICS
Successfully transition from candidate
to a member of the council.
Become a champion of the city. Make
decisions based on the needs and
interests of the community at-large / the
greater good.
Develop, communicate and support
policy goals and council decisions.
Demonstrate a willingness to work
collaboratively (as a team) and have a
citywide perspective.
BEST PRACTICE TIPS
Build capacity to create a more effective team. The governance team (mayor, councilmembers and city manager) should get to know each other; how each person approaches issues, decision making style and so on. This can be accomplished at annual meetings or workshops through-out the year.
In the event that councilmembers disagree, clear ground rules (norms of behavior and practice) can help quell acrimony before it becomes a problem. It’s important to remember that trust is built around understanding and respect, not necessarily agreement.
Attributes of Exceptional Councils
Attachment 6
Attributes of Exceptional Councils
2 2. Exceptional councils have clear
roles and responsibilities that are
understood and adhered.
Exceptional councils understand their role is to serve as policy maker - to represent the values, beliefs and priorities of their community while serving in the community’s best interest. They carry out a variety of responsibilities including:
developing and adopting a vision for the city; focusing and aligning plans, policies, agreements and budgets in furtherance of this vision; and holding themselves and
the city manager accountable for results.
Exceptional councils understand that the city manager
is responsible for the day-to-day operations of the city.
The city manager is responsible for undertaking and
accomplishing the policy objectives of the council.
Exceptional councils recognize the subject matter expertise of staff and utilize their knowledge and experience to
guide and inform decision making.
KEY CHARACTERISTICS
Understand the role of local
government and their responsibilities.
Know their role- to set vision and policy,
avoid micromanagement.
Councilmembers should strive to be
informed about the issues facing the
city and be prepared to ask questions of
staff and each other.
BEST PRACTICE TIPS
Create a shared understanding of the city manager’s role and the council’s expectations to optimize the working relationships. This shared understanding is informed by local charter and ordinance provisions that provide the overall framework for the relationship. The council should make time to have conversations during retreats and or study sessions to define and/or reveal and refine their role and responsibilities. Since role clarity between the city council and city management is critical to mutual success, having clear protocols helps avoid misunderstandings.
Attributes of Exceptional Councils
3 3. Exceptional councils honor the
relationship with staff and each other
Exceptional councils understand that a good working
relationship with staff is vital for the city to be run successfully. Exceptional councils treat each other and staff with dignity and respect. They act with civility and a high level of professional decorum. Councilmembers
build trust by not playing the “gotcha game” and strive to have a no secrets, no surprises approach as an operating norm. Finally, they respect the diversity of styles and perspectives among their colleagues and staff and are
open to new ideas.
KEY CHARACTERISTICS
Councilmembers have the ability to
respectfully disagree (to disagree
without being disagreeable).
They are able to leave it at the dais;
debates are about policy, not
personality.
Exceptional councilmembers reflect
positive decorum/model of leadership
by providing respectful tone with
colleagues.
Establish a set of behaviors ahead of
time, potentially documented in a code
of conduct, to help promote civility and
respect.
BEST PRACTICE TIPS
Set council priorities and strategic goals at an annual meeting; these goals and priorities are a tool to guide the city manager and staff on where to focus their efforts. This annual meeting provides time for the council to reflect on community priorities as well as offer an opportunity to discuss their decorum and their relationship among each other and the relationship between the city manager/staff and the council.
4. Exceptional councils routinely conduct
effective meetings
Open and public meetings are central to democratic
decision-making. Exceptional councils master the art
of effective meetings. They develop and adhere to meeting protocols and processes. They spend time planning and
organizing the agenda with the aim of having a more
focused meeting. They allocate the council’s time and
energy appropriately (focused on the council’s role and responsibilities) and meeting short- and long-term priorities.
They honor the public’s participation and engagement
and they generally start on time and are held during
reasonable hours.
Exceptional councils use public meetings not only for their intended purpose, information sharing and decision-making,
KEY CHARACTERISTICS
Councilmembers are respectful of each
other, the public and everyone’s time.
Councilmembers use engaging body
language as a way to demonstrate
respect.
Issues are not personalized, thoughtful
dialogue is the objective.
Agenda packets are read,
councilmembers come prepared and
have an open mind
Respect is demonstrated for varied
opinions.
Everyone strives to be civil and act with
decorum.
Attributes of Exceptional Councils
4 but they also use the meeting to demonstrate respect and civility for each other, staff and the public. Exceptional councilmembers prepare in advance of the meeting, remain focused on the city goals and objectives and mindful of their role and responsibilities.
BEST PRACTICE TIPS
Develop and adopt (with regular reviews and updates), guidelines for conducting meetings and making decisions. These governance protocols typically address meeting procedures (agenda preparation, how to put issues on the agenda, debate and voting procedures (parliamentary rules) and standards of decorum (civility)). As part of a regular self-assessment, councils should evaluate their meetings and their effectiveness and adjust behavior and practices for better results.
5. Exceptional councils hold themselves
and the city accountable
Exceptional councils operate openly, ethically and work to engage the community in a myriad of decisions impacting the prosperity and well-being of their community. Toward that end, exceptional councils consistently provide shortand long-term strategic direction and goals, as well as provide budget, program and policy oversight.
Exceptional councils hold themselves accountable for the conduct, behavior and effectiveness of the council. They establish clear priorities and goals and hold the city
manager accountable for results. And finally, they embrace accountability as a process and tool to calibrate ongoing efforts to address and meet policy and program objectives.
KEY CHARACTERISTICS
Councilmembers operate ethically and
with integrity.
Councils conduct team building / goal
setting exercise to track progress
towards mutually agreed upon goals
Councils taking responsibility for the
results (good and bad).
Councils celebrate success.
Councilmembers hold themselves
responsible for adhering to operating
protocols and codes of conduct.
BEST PRACTICE TIPS
Annually evaluate council and city manager performance toward achieving the city’s priorities and goals (consider having this be part of an annual goal setting meeting). Council should consider assessing its own behavior and effectiveness as part of its annual self-assessment.
Attributes of Exceptional Councils
5 6. Exceptional councils have members
who practice continuous personal
learning and development
Governance is not intuitive. In addition, the policy and economic environment impacting cities are ever changing.
Exceptional councils continually provide the opportunity to build their knowledge and skills, to enhance their
understanding of key issues, increase their awareness
of best practices and sharpen their leadership and
governance skills.
KEY CHARACTERISTICS
Stay informed on key issues
Gain key insights and knowledge on all
aspects of governing, from budgets to
plans and everything in between.
Learning to listen is sometimes more
important than learning to give a
speech.
BEST PRACTICE TIPS
Seek out national, state and local professional growth and educational opportunities. These opportunities can focus on the nuts and bolts of governing to helping you gain valuable information and/or insights on key policy issues facing your city. In addition, city run orientations for newly elected officials provide a good way to acclimate new members to the council’s norms and protocols as well as the budget and key policy issues.