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2012-020 - Amending the Appendices to the Town/Successor Agency Conflict of Interest CodeRESOLUTION 2012 -020 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE APPENDICES OF THE TOWN'S CONFLICT OF INTEREST CODE PURSUANT TO DIVISION 4 OF ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE WHEREAS: A. The Political Reform Act, Government Code section 81000, et seq., requires State and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code, which can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. The terms of 2 California Code of Regulations Section 18730 have been adopted by reference by the Town Council in Division 4 of Article III of Chapter 2 of the Los Gatos Town Code. B. The Town Council/Redevelopment Agency adopted an ordinance intended to better facilitate the process of updating the Town's Conflict of Interest Code by authorizing the adoption and periodic updates of the detailed appendices required by 2 California Code of Regulations Section 18730 containing the designation of positions and disclosure categories. C. The California State Legislature adopted ABxl 26 in June, 2011 which requires the Town as the Successor Agency for the former Redevelopment Agency to establish an Oversight Board. Pursuant to ABxl 26 and a determination by Fair Political Practice Commission (FPPC), the Oversight Board is required to adopt a Conflict of Interest Code. On April 3, 2012, at its first meeting, the Oversight Board adopted a Resolution adopting the Town of Los Gatos Conflict of Interest Code and any amendments thereto as the Conflict of Interest Code for the Oversight Board D. This resolution is intended to update the Town of Los Gatos Conflict of Interest Code by amending the detailed appendices containing the designation of positions and disclosure categories to include both the Successor Agency of the Redevelopment Agency of the Town of Los Gatos and the Oversight Board to the Successor Agency of the Redevelopment Agency of the Town of Los Gatos. RESOLVED: The following shall constitute the Appendix "A" to the Town of Los Gatos Conflict of Interest Code, by listing of those positions that are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended. The Town Council/Redevelopment Agency hereby finds that the officers and employees holding the following designated positions make, or participate in the making of decisions which may reasonably have a material effect on financial interests, and are, therefore, designated employees of the Town of Los Gatos solely for purposes of the Fair Political Practices Act and required to make financial disclosures as specified: DESIGNATED POSITIONS DISCLOSURE CATEGORY ADMINISTRATION Town Manager 1 through 13 Assistant Town Manager 1 through 13 Administrative Analyst 1 through 13 Clerk Administrator 1 through 13 Deputy Clerk 1 through 13 Finance Director/Treasurer 1 through 13 Assistant Finance Director/Budget Director 1 through 13 Human Resources Director 1 through 13 Management Information Systems Manager 1 through 13 Economic Vitality Manager 1 through 13 COMMUNITY DEVELOPMENT Community Development Director 1 through 13 Planning Manager 1 through 13 Administrative Analyst 1 through 13 Senior Planner I through 13 Associate Planner I through 13 Planner 1 through 13 Assistant Planner 1 through 13 Planning Technician 1 through 13 Code Compliance Officer / Planning Technician 1 through 13 Senior Building Inspector 1 through 13 Building Inspector 1 through 13 COMMUNITYSERVICES 1 through 13 Community Services Director 1 through 13 Volunteer Services Coordinator 1 through 13 Senior Coordinator 1 through 13 Administrative Analyst 1 through 13 LIBRARY 1 through 13 Library Director 1 through D Assistant Library Director 1 through 13 PARKSAND PUBLIC WORKS Director of Parks and Public Works 1 through 13 Superintendent 1 through 13 Administrative Analyst 1 through 13 Town Engineer 1 through 13 Associate Civil Engineer 1 through 13 Senior Engineering hnspector 1 through 13 Engineering hnspector 1 through 13 Senior Engineering Technician 1 through 13 POLICE DEPARTMENT Chief of Police 1 through 13 Police Captain 1 through 13 Records and Communications Manager 1 through 13 Administrative Analyst I through 13 Parking Coordinator 1 through 13 TOWNATTORNEY Town Attorney 1 through 13 SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Executive Director 1 through 13 Deputy Director 1 through 13 Secretary 1 through 13 Finance Director 1 through 13 Treasurer 1 through 13 General Counsel 1 through 13 OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Oversight Board 1 through 13 DESIGNATED POSMONS COMMISSIONERS, COMMITTEE AND BOARD MEMBERS Architectural Standards Committee Arts & Culture Commission Building Board of Appeals Community Services Commission Conceptual Development Advisory Commission Development Review Committee General Plan Committee Flistoric Preservation Committee Library Board Park Commission Planning Commission Personnel Board Rent Advisory Committee Transportation & Parking Commission Youth Commission DISCLOSURE CATEGORY 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 None SPECIFIED CONSULTANTS 1 through 13. Those consultants defined as a "consultant" by the Fair Political Practices Commission and as determined by the Town Manager in writing In addition, the Town Manager may determine in writing that a particular consultant is hued to perform a range of duties that is limited in scope and thus is not required to fully comply with these disclosure requirements. Such written determination shall include a description of the consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The Manager's determination is a public record and shall be available for inspection. El 2 The following list shall constitute Appendix 'B" to the Town of Los Gatos Conflict of Interest Code, as amended, by listing of the disclosure categories that are required pursuant to the Political Reform Act of 1974. When a designated employee is required to disclose investments and sources of income, he or she need only disclose investments in business entities and sources of income with those who do business in the Town of Los Gatos, plan to do business in the Town of Los Gatos, or have done business in the Town of Los Gatos within the past two (2) years. In addition to other activities, a business entity is doing business within the Town of Los Gatos if it owns real property within the Town of Los Gatos. When a designated employee is required to disclose interests in real property, he or she need only disclose real property which is located in whole or in part within the Town or not more than two (2) miles outside of Town Boundaries or not more than two (2) miles of any land owned or used by the Town of Los Gatos. General Provisions Designated employees shall disclose their financial interest pursuant to the appropriate disclosure category as indicated in section 2.30.610. Category I: Investments (which are not held through a business entity or trust) Category 2: Interests in Real Property (which are not held through a business entity or trust) Category 3: Interests in Real Property Held by a Business Entity or Trust Category 4: Investments held by a Business Entity or Trust Category 5: Income (other than loans, gifts and honoraria) Category 6: Income (travel payments, advances, reimbursements) Category 7: Income -- Loans (received or outstanding during the reporting period) Category 8: Income -- Gifts Category 9: Income— Honoraria Category 10: Commission Income Received by Brokers, Agents and Salespersons Category 11: Income and Loans to Business Entities or Trusts Category 12: Income from Rental Property Category 13: Business Positions 3. Any change provided in the appendices of the Town of Los Gatos Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code, nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with any other conflict of interest code. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 7th day of May, 2012, by the following vote: COUNCIL /AGENCY MEMBERS: AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice N [:Yf.`g :: rill ABSTAIN: SIGNED: MAYOR OF THETOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: i MAZARIN VAKHARIA, CLERK ADMINISTRATOR LOS GATOS, CALIFORNIA