12 Staff Report - Amending Town Conflict of Interest CodeCouncil Agenda
January 20, 1987
Item No. 1a_.
TOWN OF LOS GATOS
Council Agenda Report
DATE: January 9, 1987
TO: Mayor and Town Council
FROM: Mary Jo Levinger, Town Attorney
SUBJECT: Adoption of Ordinance Amending the Town Conflict of Interest Code
to Include the Finance Administrator as a Designated Employee.
RECOMMENDATION:
Adopt the attached Ordinance which was introduced at the Town Council
meeting of January 5, 1987.
DISCUSSION:
The attached Ordinance was introduced at the meeting held on January 5,
1987.
PREPARED BY: Mary Jo Levinger, Town Attorney
cc: Regular Distribution
Reviewed by:
ATTORNEY
CLERK TREASURER
TOWN COUNCIL ACTION DIRECTED TO:
ACTION OF COUNCIL:
COMMENTS:
ORDINANCE N0: 1705__
ORDINANCE AMENDING THE
WN CONFLICT
AOF INTEREST DESIGNATED E�PLOYEE
TO INCLUDE THE FINANCE ADMINISTRATOR
SECTION 1.
Section 2-61 of the Town Code is hereby amended to read as
follows:
Sec. 2-61. Designated Employees.
This section shall constitute the Appendix referred to in
Section 2 of the standardized de. makeTor participateCouncil ein the
finds that the following persons foreseeably have a material
making of decisions which mayfor
d
effect on financial inteToeWnsofficials,ttheeTowndAttorneya
employees: all elected
the Town Manager, the Assistant Town Manager,
hebFinance
Administrator and all Department Heads appointed
Town
Manager.
SECTION 2.
This ordinance takes effect thirty (30) days
nanceris the date i ttis
adopted. Within fifteen (15) days after this
Town Clerk shall cause it to be published once in a newspaper of general
circulation published and circulated in the Town.
This ordinance was introduced atJan regular
ar meeting of one adopted
n
Council of the Town of Los Gags o
by the following vote as an ordinance o t e own o Los—g987 at a
regular meeting of the Town council on January 20th
AYES: COUNCIL MEMBERS Joanne Beniamin Thomas J. Ferrito Robert
L. Hamilton and Ma or Brent N. Ventura
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS one
ABSENT: COUNCIL MEMBERS Eri D. Carlson
SIGNED: /s/ Brent N. Ventura
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
/s/ Rose E. A1dag (seal)
CLERK OF THE TOWN OF LOS GATOS
PAYROLL OF
JANUARY 16, 1987
ACCOUNTS PAYABLE
JANUARY 1, 1987
SCHEDULE OF
PUBLIC HEARINGS
CODE OFFICER
MONTHLY REPORT
SECONDARY DWELL-
ING UNIT STATUS
REPORT
REVITALIZATION
UNIV/EDELEN
HISTORIC DIST.
CLAIM OF GREG
GUYTON
LOT DEPTH
DEFINITION
AMENDMENT TO
CONFLICT OF
INTEREST CODE
NOTICE OF
COMPLETION
HANDICAPPED
PARKING - 66
CHESTER STREET
VERBAL
COMMUNICATIONS
January 20, 1987
Los Gatos, Ca.
Mrs. Benjamin moved for approval of January 16, 1987 payroll in
the amount of $179,199. Mr.aHamiltond lseconded.related waCarriedrrants lbytvote of
amount �'° $114,8
four ayes. Mr. Carlson was absent.
Mrs. Benjamin moved for approval of January, 1987 warrants in the
amount of $272,357.16. Mr. Hamilton seconded. Carried by vote of
four ayes. Mr. Carlson was absent.
No public hearings scheduled for February at this time.
Informational report -for Council.
Informational report for Council.
Informational report for Council. Town Manager stated
neighborhood meetings
schedubedheld for foa Januaryut 27fr1987hatr4S00eptm.
This meeting has been
in the lower level conference room.
Mrs. Benjamin moved to reject the
claim
fourGreg
ayes.Lance
Mr•GCarlson was
. Mr.
Hamilton seconded. Carried by vote
absent.
Mrs. Benjamin moved to refer the definition of lot depth to the
Planning Commission for study and report back with a low
priority. Mr. Hamilton seconded. Carried by vote of four ayes.
Mr. Carlson was absent. 'Mr. Ferrito asked that staff hassentret
Council that if any similar lot depth issues arise,
application would be held and the issue not be resolved until
Council resolves this question. This was assured.
Mrs. Benjamin moved for adoption of Ordinance No. 1705 entitled,
ORDINANCE AMENDING THE TOWN CONFLICT OF INTEREST CODE TO INCLUDE
THE FINANCE ADMINISTRATOR AS A DESIGNATED EMPLOYEE. Mr. Hamilton
seconded. Carried by vote of four ayes. Mr. Carlson was absent.
-1rs. Benjamin moved for approval of Notice of Completion and
Certificate of Acceptance for 17471 Farley Road - (Mini Storage)
Vasona Associates, Farley One. Mayor be authorized to execute
said Notice and Clerk torrecord. Mr.
Hamilton
seconded. Carried
by vote of four ayes.
bsent.
Mrs. Benjamin moved for adoption of Resolution No. 1987-6
entitled, HANDICAPPED PARKING - 66 CHESTER STREET. This
establishes one handicapped parking space in front of 66 Chester
Street. Mr. Hamilton seconded. Carried by vote of four ayes. Mr.
Carlson was absent. Discussion was held whether future
resolutions whenhould tenantorlude owneramoveseto from thisraw address�cap access
parkinghen
Jerry Block, 109 Millrich Drive, stated the homeowners on Millrich
Dr. wished to thank Council for their action re the definition of
lot depth and will be following the study on this issue.
Scott Cooper, 17017 Roberts Road, spoke on his and the neighbors
concerns re dangerous situation on Roberts Road as he feels the
intersection is unsafe and asks that Council look into this. Mr.
Zapf, Town Engineer, stated that staff is aware of the problem and
there are meetings scheduled with Fisher School and neighbors to
discuss this problem.
-2-
TOWN COUNCIL
ROLL GALL
PLEDGE OF
ALLEGIANCE
APPOINTMENTS
STUDENT PARK
COMMISSIONERS
SCHEDULE OF MEETINGS Informational report for Council re schedule of all Town Boar
Commission meetings as well as those County -wide meetings ds &
requiring Council representation. Town Manager stated this is a
calendar for January and February and staff will. attempt to
improve this by the next Council meeting.
January 20,1987
Los Gatos, Ca,
The Town Council/Parking Authority met in the Council Chambers of
the Town Hall at 7:35 p.m., in regular session.
PRESENT: Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton
and Mayor Brent N. Ventura.
ABSENT: Eric D. Carlson.
Given by all in attendance.
Nancy Toombs, member of the Parks Commission, referred to
applications received for the 2 vacancies for student Park
Commissioner. She stated five students had applied . Interviews
had been held by the Parks Commission Interview Committee and
Ariana S. Niemann and Geoffrey Ezgar were recommended for
appointment. Mrs. Toombs introduced Ms. Niemann and Mr. Ezgar.
Mrs. Benjamin moved Council confirm the appointment
Niemann and Geoffrey Ezgar to serve as stud
student Park Cormissioner's
for one year. Mr. Ferrito seconded. Carried by vote of four
ayes. Mr. Carlson was absent.
APPOINTMENTS Mayor Ventura stated that prior to tonight's meeting, interviews
PARKING COMMISSION for the vacancies on the Parking Commission had been held.
Applicants for said positions were Rex Morton, Gene Rugani, Lester
Attaway and Andrea H. Holding. It was noted that Mr. Attaway had
called the Clerk's Office and requested his application be
withdrawn at this time. Mrs. Benjamin moved for the reappointment
of Rex Morton and Mr. Rugani. The application of Mrs. Holding to
be held, as there is another vacancy do to Mr. Mc Nulty letter of
resignation. Clerk is directed to advertise for this vacancy and
Mrs. Holding's application will be considered at that time. Mr.
Ferrito seconded. Carried by vote of four ayes. Mr. Carlson was
absent.
CLOSED SESSION REPORT Town Attorney Mary Jo Levinger, stated Council had met in Closed
Session prior to tonight's meeting and pursuant to Government Code
Section 54956.9 (a) discussed litigations of Overhouse v Town and
Safe on 17 v Town (Guadalupe College) and there is nothing to
report. Pursuant to Government Code Section 54956.9 (c) Council
discussed the institution of litigation on zoning violation and
there is nothing to report.
COMMUNICATIONS a. (REFERRAL/FILE) Letter from EnhanceLife Volkssporters, regardinghistori
Los Gatos walk to. be held March 28-29, 1987. Mrs. Benjamin
moved to refer this to Town Manager for report. Mr.mi
Hamilton seconded. Carried by vote of four ayes. Mr.
Carlson was absent.
b. Letter from Humane Society regarding Ordinance relating to
animals and vehicles. It was noted Council acted on this
c.andwill investigate further with a report.
Letter from Los Gatos Elks Lodge #1857 regarding permission
to sponsor a concert and bar-b-que June 13,1987 at Oak
Meadow Park. Mrs. Benjamin moved to refer this to Town
Manager for report. Mr. Hamilton seconded•. Carried by vote
of four ayes. Mr. Carlson was absent.
d. Letter from Pasteur Yuen regarding retaining wall on Los
Cerritos Drive. Mrs. Benjamin moved to refer this to Town
Manager for report. Mr. Hamilton seconded. Carried by vote
of four ayes. Mr. Carlson was absent.
-1-
t
PROOF OF PUBLIC.rtTION
(2015.5 C.C.P.)
Filing Stamp
STATE OF CALIFORNIA,
County of Santa Clara
I am a citizen of the United States and a resi-
dent of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the above -entitled matter. I am
the principal clerk of the printer of the
LOS GATOS TIMES-SARATOGA OBSERVER
236 N. Santa Cruz Avenue, Los Gatos, Calif-
ornia, a newspaper of general circulation,
printed in the City of Cupertino,California,
County of Santa Clara, and published Tues-
day and Friday in the Town of Los Gatos,
California, County of Santa Clara, and which
newspaper has by the Superior Court of the
County of Santa Clara, State of California,
under the date of May 28, 1952, Case Num-
ber 83631; that the notice of which the an-
nexed is a printed copy (set in type not
smaller than non-pareil), has been published
in each regular and entire issue of said news-
paper and not in any supplement thereof on
the following dates, to wit:
January 27
all in the year 19
I certify (or declare) under penalty of per-
jury that the foregoing is true and correct.
Dated at Cupertino, California, this
27th Day of January 19 87
87
Ci7'L'lr
Signature
Signature
49-TO
LEGAL NOTICE ATION
ORDINANCE NO: 1705
ORDINANCE AMENDING
THE TOWN CONFLICT OF
OrdINTEREST CODE TO IN-
CLUDE THE FINANCE AD-
MINISTRATOR AS A DESIG-
NATED EMPLOYEE.
SECTION 1.
Section 2-61 of the Town
Code is hereby amended to
read as follows:
Sec. 2-61. Designated
Employees.
This section shall constitute
the Appendix referred to in
Section 2 of the standardized
code. The Council hereby finds
that the following persons
make or participate in the mak-
ing of decisions which may
foreseeably have a material of
fect on financial interests, and
are therefor designated em
ployees: all elected Town of-
ficials, the Town Attorney, the
Town Manager, the Assistant
Town Manager, the Finance
Administrator and all Depart-
ment Heads appointed by the
Town Manager.
SECTION 2.
This ordinance takes effect
thirty (30) days after the date it
is adopted. Within fifteen (15)
days after this ordinance is
adopted, the Town Clerk shall
cause it to he published once in
a newspaper of general circula-
tion published and circulated in
the Town.
This ordinance was intro-
duced at a regular meeting of
the Town Council of the Town
of Los Gatos on January 6,
1987 and adopted by the fol-
lowing vote as an ordinance of
the Town of Los Gatos at a
regular meeting of the Town
council on January 20th, 1987.
AYES: Council Members:
Joanne Benjamin, Thomas J.
Ferrito, Robert L. Hamilton,
and Mayor Brent N. Ventura.
NOES: Council members:
None
ABSTAIN: Council Mem-
bers: None
ABSENT: Council mem-
bers: Eric D. Carlson
SIGNED: /s/ Brent N. Ven-
tura
Mayor of the Town of Los
Gatos
ATTEST:
/s/ Rose E. Aldag (seal)
Clerk of the Town of Los
Gatos
Pub.: 1 27-87 49-TO
January 6, 1987
Los Gatos, Ca
TOWN COUNCIL
PRESENT
ABSENT:
APPEAL OF
SECONDARY UNIT-
J.D. MCMANIS
MINUTES
DECEMBER
DECEMBER
APPROVAL
AMENDMENT TO THE
TOWN CONFLICT
INTEREST CODE
The Town o C uncil/Parlking Authority met in the Conference Room of
the
AMENDMENTS TO
GENERAL PLAN -
DOWNTOWN SPECIFIC
PLAN, ZONING ORD.
REPORT ON 1986
MANAGEMENT LETTER
MAIN HURDMAN
Town Hall a,. 7:35 p.m., in continued regular meeting.
Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Robert L.
Hamilton and Mayor Brent N. Ventura.
None.
Mayor Ventura stated this was the time and place for continued
public hearing to reconsider Council decision in granting the
for
appeal of decision of Planning Commission edenying
gHa
application
Secondary Dwelling unit on property
in zone
(Application D-95-156). Town Manager reported on the Application
for Secondary Unit of J.D McManis located at 216 Glenridge
Avenue. It was noted a letter was received from Mr. McManis
requesting a continuance until July of this year. Discussion was
held on previous hearings, on this issue and the question is
whether to continue this.until the Secondary Unit Ordinance is
adopted and ruletlare arch 2ndabl`��SedBenjaminarlson secondedvedCaoriedtinue
this hearing to
unanimously.
Mayor Ventura requested amendment to the December 15, 1986
15 AND minutes on page 6 - subject UERSITY//EDEo�EonHISTORIC
nDISTRICT -
22,1986 He wished his reason for supportingnrso Me. Venturacealso
Mr. Carlson requested the correction of 2 typ page
wished amendment be made to the Decembert222,n1986 minuts, rationale 1
- subject - INVESTMENT TO BELL SAVINGS,
for supporting the motion. Mrs. Benjamin moved for approval
of
the December 15th and December 22nd, 1986 as amended. Mr. Ventura
seconded. Carried unanimously.
Discussion was held on the amendment to the Town Conflict of
Interest Code to include the Finance Administrator. Mr. Ferrito
moved reading be waived for ORDINANCE AMENDING THE TOWN CONFLICT
OF INTEREST CODE TO INCLUDE THE FINANCE ADMINISTRATOR AS A
DESIGNATED EMPLOYEE. Mr. Carlson seconded. Carried unanimously.
Town Clerk read title, Mr. Ferrito moved for introduction of
Ordinance. Mr. Carlson seconded. Carried unanimously.
Mr. Carlson moved to refer to the Planning Commission the matter
of proposed amendments to the General Plan, Downtown Specific Plan
and Zoning Ordinance to permit existing businesses engaged in
vehicle sales (not vehicle services) in the C-2 Zone. Mrs.
Benjamin seconded. Carried unanimously.
Discussion was held on meetings scheduled for the remainder of the
fiscal year 1986-87. Afer some discussion and the rescheduling of
joint meeting with the Arts Commission. January 26, 1987, at 7:30
p.m. was set for meeting to discuss the Management letter from
Main Hurdman, Auditors for the Town. Council reschedule meeting
with Arts and Museum Commission to February 9, 1987 and Council
also reaffiramed atjoi93t0 meeting with the Planning Commission for
January 24, 1987
TRAFFIC AUTHORITY Town Manager spoke on Measure A staff neereferred ttoestabtilhtter to
sh
STRATEGIC PLAN prioities. Town Engineer, Ron Zapf,
the Traffic Authority which lists the concerns of Council that
have been previously transmitted to the Policy Advisory Board and
should be addressed by the Authority.There was a general
discussion by Council and Mr. Zapf added a few more suggestions.
It was concensus of Council to hold this until such time Council
receives more detail on specific issues.
Mayor Ventura gave oral report
85 re
whatsona hasCortakeorn place at meetings
he has attended re
Mayor Ventura declared the meeting adjourned at 8:30 p.m.
ATTEST:
VASONA CORRIDOR
ADJOURNMENT
Rose E. Aldag
Town Clerk
ORDINANCE NO. 1576
ORDINANCE AMENDING SEC rION 2-61 OF THE TOWN CODE TO ADD
MEMBERS OF THE PLANNING COMMISSION AND CONSULTANTS AS
EMPLOYEES COVERED BY CONFLICT OF INTEREST PROVISIONS
The Town Council of Los Gatos hereby ORDAINS:
SECTION 1.
Section 2-61 of the Town Code is amended to read as follows:
"Sec. 2-61. Designated employees.
This section shall constitute the Appendix referred to in Section 2 of the
standardized code. The Council hereby finds that the following persons make or par-
ticipate in the making of decisions which may foreseeabiy have a material effect on
financial interests, and are therefore designated employees: all elected Town
officials, members of the Planning Commission, the Town Attorney, the Town Manager,
the Assistant Town Manager, all Department Heads appointed by the Town Manager, and
any consultants hired by the Council; provided, that with respect to consultants the
Town Manager may determine in writing that a particular consultant, although a
"designated employee," is hired to perform a range of duties that are limited in
scope and thus is not required to comply with the disclosure requirements described
in this section. Such determination shall include a description of the consultant's
duties and, based upon that description, a statement of the extent of disclosure
requirements. A copy of any such determination shall be forwarded to the Town
Council. Nothing herein excuses any consultant from any other provision of this
Conflict of Interest Code."
SECTION 2.
This ordinance takes effect thirty (30) days after the date it is adopted.
Within fifteen (15) days after this ordinance is adopted, the Town Clerk shall caus C-
it to be published once in a newspaper of general circulation published and circula --
in the Town.
in
r-,2-es to� /5
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Los Gatos on April 18, 1983 , and adopted by the following vote
as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council
on May 2, 1983
AYES: COUNCIIE1BERS Joanne Benjamin, Terrence J. Daily, Thomas
J. Ferrito, Marlyn J. Rasmussen and Mayor Brent N. Ventura
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCIIME4BERS None
ABSENT: COUNCIIMEMBERS None
SIGNED: /s/ Brent N. Ventura
Mayor of the Town of Los Gatos
ATTEST:
/s/ Rose E. Aldag (seal)
Clerk of the Town of Los Gatos
-2-
TOWN of LOS GATOS
Town Attorney
354-6880
April 22, 1983
To: Council
From: Attorney
Re: Conflict of Interest
r!eet i ny u i
Item #27
Attached, for adoption, is the ordinance introduced on April 18, 1983.
ZZlitfr/(4,Walter V. Hays
WH:ms
Att.
CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95030
Item No. 28
TOWN of LOS GATOS
Town Attorney
354-6880
April 8, 1983
To: Council
From: Attorney
Re: Conflict of Interest Code
Recommendation
Introduce the attached ordinance.
Discussion
The new conflict of interest code which you recently adopted inadvertently otied
members of the Planning Commission as "designated employees" (i.e., employees
have to file financial statements and are otherwise subject to all conflicts of
interest provisions). In order to make our code;ccnsistent with state law, it
should be amended to correct this omission.
The Fair Political Practices Commission (rPPC) recommended that the Town consider
including consultants as well as full-time employees. However, this addition is
optional. If you agree with the recommendation, the language in the ordinance
was proposed by the FPPC.
�1�
Walter V. BayE
WVH:ms
Att.
CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95030
PROOF OF PUBLI( ION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Santa Clara
I am a citizen of the United States and a resi-
dent of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the above -entitled matter. I am
the principal clerk of the printer of the
LOS GATOS TIMES-SARATOGA OBSERVER
236 N. Santa Cruz Avenue, Los Gatos, Calif-
ornia, a newspaper of general circulation,
printed in the City of Cupertino, California,
County of Santa Clara, and published Tues-
day and Friday in the Town of Los Gatos,
California, County of Santa Clara, and which
newspaper has by the Superior Court of the
County of Santa Clara, State of California,
under the date of May 28, 1952, Case Num-
ber 83631; that the notice of which the an-
nexed is a printed copy (set in type not
smaller than non-pareil), has been published
in each regular and entire issue of said news-
paper and not in any supplement thereof on
the following dates, to wit:
May 10
all in the year 19 83
I certify (or declare) under penalty of per-
jury that the foregoing is true and correct.
Dated at Cupertino, California, this
loth day of May , 19 83
%,L11)
%nature
Filing Stamp
AD# 244—TO
PROOF OF PUBLICATION
ORDINANCE g 157A
ORDINANCE NO.1576
ORDINANCE AMENDING
SECTION 2-61 OF THE TOWN
CODE TO ADD MEMBERS OF
THE PLANNING COMMIS-
SION AND CONSULTANTS
AS EMPLOYEES COVERED
BY CONFLICT OF INTEREST
PROVISIONS.
The Town Council of Los
Gatos hereby ORDAINS:
SECTION ONE: Section 2-
61 of the Town Code is
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April 18, 1983
Los Gatos, California
RENTAL MEDIATION The Town Attorney, Mr. Hays, stated it was not a conflict of
interest for the Mayor to vote on this issue. Mr. Ferrito moved
reading be waived for URGENCY ORDINANCE AMENDING SECTION
24.40.050 OF THE TOWN CODE TO PROVIDE THAT ARBITRATION SHALL BE
CONDUCTED UNDER REGULATIONS ADOPTED BY THE TOWN. Mr. Daily
seconded. Carried unanimously. Deputy Clerk read title. Mr.
Ferrito moved to adopt Ordinance No. 1575, entitled, URGENCY
ORDINANCE AMENDING SECTION 24.40.050 OF THE TOWN CODE TO PROVIDE
THAT ARBITRATION SHALL BE CONDUCTED UNDER REGULATIONS ADOPTED BY
THE TOWN. Mrs. Benjamin seconded. Carried unanimously.
CLAIM - Mayor Ventura moved to accept the Town Attorney's recommendation
JOHN JORDON and deny the claim for damages of John Jordon. Mr. Daily
seconded. Carried unanimously.
CLAIM - Mr. Daily moved to accept the Town Attorney's recommendation and
ANN P BERGMAN deny the claim for damages of Ann P. Bergman. Mrs. Benjamin
seconded. Carried unanimously.
PUSHCART Mr. Ferrito moved to continue this item to the May 2, 1983
ORDINANCE Council meeting. Mr. Daily seconded. Carried unanimously.
CONFLICT OF Mr. Ferrito moved to waive the reading of ORDINANCE AMENDING
INTEREST SECTION 2-61 OF THE TOWN CODE TO ADD MEMBERS OF THE PLANNING
ORDINANCE COMMISSION AND CONSULTANTS AS EMPLOYEES COVERED BY CONFLICT OF
INTEREST PROVISIONS. Mayor Ventura seconded. Carried
unanimously. Deputy Clerk read title. Mayor Ventura moved
Ordinance be introduced. Mr. Daily seconded. Carried
unanimously.
WOODED VIEW Discussion was held by Council regarding the continuing slides
DRIVE - SLIDE and who will pay. Mr. Ferrito moved to authorize staff to
REPAIR cooperate with Mr. Overhouse in selecting a geologists or
(OVERHOUSE) soils engineer to inspect the hillside and roadway and to share
in the cost equally for the report. Mr. Daily seconded with
amendment of whom was selected and how much it costs on May 2,
1983. Mr. Ferrito accepted the amendment. Carried unanimously.
REPORT - Mr. Mora reported that staff recommendation is not to acquire the
BERRY SCHOOL total site. If acquisition is to be considered, it should be
limited to acquisition pursuant to Education Code Section 39397;
and if acquisition is to be considered, a Council subcommittee
and staff should negotiate terms and report back to Council at
its regular meeting of May 2, 1983. Mr. Walton, representative
of the School District, answered Council's questions. Dr.
Decker, President of Jewish Community Center, spoke in support of
their request. Mr. Baer, 76 Oak Grove, spoke in support of
negotiation with the Center and passed out an outline of his
conclusions. Vicki Zackheim, Glen Una, and Lynn Snyder, League
of Women Voters Representative, also spoke in support of the
Center. After further discussion, Mayor Ventura and Mr. Ferrito
were designated as Council's subcommittee. The subcommittee is
to meet with staff, the School District and other interested
groups. Report back to Council at the May 2, 1983 Council
meeting.
COUNCIL AGENDA Mayor Ventura moved to adopt the rules for the Town Council
RULES Agenda as amended. The changes are as follows:
D. CONSENT CALENDAR - change "Office of the Town Manager" to
"Public Hearings".
E. VERBAL COMMUNICATIONS - delete, ". . . and no action will be
taken at the meeting when the item is presented under verbal
communications.", from second sentence.
J. MOTIONS BY THE CHAIR - add "or" for sentence to read, ". . .
and/or second motions.".
Mrs. Benjamin seconded. Carried unanimously.
5
YIay c, 170a
Los Gatos, California
APPEAL -
CONDITIONS
SWANSON IZUSU 15367 LOS GATOS
BOULEVARD
RECESS
APPEAL -
HANDICAPPED
ACCESS
REQUIREMENTS -
15200 LOS GATOS
BOULEVARD
CONFLICT OF
INTEREST
PUSHCART
REGULATIONS
Mayor Ventura stated this was the time and place duly published
for public hearing to appeal the decision of the Planning
Commission's placing certain conditions on the approval of
Conditional Use Permit application U-18-7A and Architecture and
Site Application S-81-9A at property located at 15367 Los Gatos
Boulevard. Mr. Peterson, appellant, spoke in opposition to four
of the conditions placed on the approval of project. He
explained this additional cost would be a hardship at this time
as they are trying to improve the property and get a business
going. Discussion was held on how much of sidewalk must be
replaced; the paving of the back portion of the lot; necessity
for replacing the outdoor lighting at this time; installation of
masonry wall between the business and residence at the rear of
the business and distribution of additional trees to be planted.
Mr. Daily moved Council finds Planning Commissions decision is
correct but finds they erred in not being specific in their
conditions and Council modified the conditions as follows:
#3 Within eighteen months of date of approval of the
Conditional Use Permit, install new on -site lighting
fixtures to the satisfaction of the Planning Director and
Town Engineer utilizing cut-off style.
#5 Pave all the unpaved areas of the property that are utilized
for vehicle parking or storage by January, 1984.
Mrs. Rasmussen seconded. Mayor Ventura moved for amendment to
motion as follows:
#6 Submit a revised landscape plan to the satisfaction of the
Planning Director and Superintendent of Parks & Forestry
illustrating the following: a,b,c,d,e, and add f. Provide
eight additional tree to be distributed in four groupings,
two trees each. One grouping to be located adjacent to
property to the south and three groupings to be along the
fence to minimize disruption of display of vehicles.
Amendment was accepted by Mr. Daily and Mrs. Rasmussen. Carried
unanimously. The Town Attorney to prepare necessary Resolution
for Council consideration at the next meeting.
Mayor declared a recess. Meeting reconvened at 10:24 p.m.
Mayor Ventura stated this was the time and place duly published
for public hearing appealing the Building Official's decision
concerning handicapped access requirements of restroom
modifications at 15200 Los Gatos Boulevard. Fred Long,
Contractor for the remodeling and representative of the owner,
stated he is only remodeling to install a waiting foyer for the
customers and feels the requirement for remodeling bathrooms
would cause a hardship as it would be necessary to close the
restaurant and that would be a loss of revenue to owners. After
further discussion and no one else wished to speak on this issue,
Mrs. Rasmussen moved hearing be closed. Ors. Benjamin seconded.
Carried unanimously. Mrs. Rasmussen moved Council deny the
appeal and uphold the Building Official's decision. Mayor
Ventura seconded. Carried unanimously. The Town Attorney to
prepare Resolution for Council consideration at the next meeting.
Mr. Ferrito moved for adoption of Ordinance No. 1576 entitled,
ORDINANCE AMENDING SECTION 2-61 OF THE TOWN CODE TO ADD MEMBERS
OF THE PLANNING COMMISSION AND CONSULTANTS AS EMPLOYEES COVERED
BY CONFLICT OF INTEREST PROVISIONS. Mrs. Rasmussen seconded.
Carried unanimously.
Mrs. Rasmussen moved to waive the reading for ORDINANCE ADDING
CHAPTER 19A TO THE TOWN CODE REGULATING PUSHCARTS. Motion died
for lack of second. Mr. Ferrito moved to continue this item to
May 16, 1983. Motion died for lack of second. Mayor Ventura
moved this item be heard tonight. Mr. Daily seconded. Carried
by vote of four ayes. Mr. Ferrito voting no. Phil Bonn
representing Gerry Falk, owner of Anything 'n Bagels pushcart,
spoke on the proposed ordinance. He opposed the section
regarding competing applications and selection being done by
-5-
VILLA VASONA
(continued)
CONTINUATION
OF MEETING
ZONING ORDINANCE
AMENDMENTS
CLAIM - DAMAGES
E. DEAN COWLEY
APPEAL - SWANSON
FORD
ORDINANCE -
CHANGING
MISDEMEANORS TO
INFRACTIONS
CONFLICT OF
INTEREST CODE
RESCINDING
RESOLUTION
1983-6 (VLAMIS)
1lpCC17F!\1TT AI_
PARKING
February 22, 1983
Los Gatos, California
unanimously. Mrs. Benjamin moved to maintain 4 handicapped
parking spaces. Mr. Daily seconded. Carried unanimously. Mrs.
Benjamin moved reading be waived for AN ORDINANCE OF THE TOWN OF
LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE
NO. FROM 0 AND RM:5-12 TO R-1:8,000-PD. Mr. Daily seconded.
Carried unanimously. Deputy Clerk read title. Mrs. Benjamin
moved ordinance be introduced with the following amendments:
Maintain the 4 handicapped parking spaces.
Initiate turf blocking in the southern parking area.
If at any time within the first 5 years after occupancy ad-
ditional parking has shown to be necessary it shall be provided
subject to Architecture and Site approval. Mr. Daily seconded.
Carried unanimously.
Mrs. Benjamin moved to continue the meeting. Mr. Daily
seconded. Carried unanimously.
Mayor Ventura stated this was the time and place duly published
for public hearing to consider Zoning Ordinance Amendment A-83-1,
repealing the following zones:
a. R-1:40,000 or Single Family Residential, 40,000 sq. ft.
minimum lot size;
b. R-1M or Single Family - Medium Density Residential;
c. R or Rehabilitation Overlay.
Mr. Bowman spoke on his report and answered Council's questions.
No one in the audience wished to speak on this issue. After
discussion by Council, Mrs. Rasmussen moved public hearing be
closed. Mr. Ferrito seconded. Carried unanimously. Mrs.
Rasmussen moved for recommended Negative Declaration. Mr.
Ferrito seconded. Carried unanimously. Mayor Ventura moved
reading be waived for ORDINANCE AMENDING THE ZONING ORDINANCE
REPEALING THE R-1:40, R-1M AND R ZONES. Mrs. Rasmussen
seconded. Carried unanimously. Deputy Clerk read title. Mayor
Ventura moved Ordinance be introduced. Mrs. Rasmussen seconded.
Carried unanimously.
Mrs. Rasmussen moved to deny the claim for damages for E.
Dean Cowley. Mrs. Benjamin seconded. Carried unanimously.
Mrs. Rasmussen moved to adopt Resolution No. 1983-40 entitled,
RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL.
Mr. Ferrito seconded. Carried unanimously.
Mr. Daily moved to adopt Ordinance No. 1566 entitled, ORDINANCE
AIMENDING VARIOUS TOWN ORDINANCES TO CHANGE MISDEMEANORS TO
INFRACTIONS. Mrs. Benjamin seconded. Carried unanimously.
AMENDMENT -
CHAPTER 14 OF
TOWN CODE RE
GARBAGE DISPOSAL
CABLE TV
ORDINANCE
Mr. Ferrito moved for adoption of Ordinance No. 1567 entitled,
ORDINANCE ADDING ARTICLE VI TO CHAPTER 2 OF THE TOWN CODE,
ADOPTING A CONFLICT OF INTEREST CODE. Mrs. Rasmussen
seconded. Carried unanimously.
Mr. Ferrito moved to adopt Resolution No. 1983-41
entitled, RESOLUTION RESCINDING RESOLUTION NO. 1983-6. Mrs.
Rasmussen seconded. Carried unanimously.
Mr_ i{o'.c_': to '.aopt C dii1aii'.is :v. 1551
ORDINANCE ESTABLISHING PROCEDURE FOR PREFERENTIAL PARKING.
Mrs. Benjamin seconded. Carried unanimously.
Mrs. Rasmussen moved reading be waived for AN ORDINANCE
AMENDING ARTICLE I OF CHAPTER 14 OF THE TOWN CODE TO UPDATE THE
REQUIREMENTS ON GARBAGE DISPOSAL. Mayor Ventura seconded.
Carried unanimously. Deputy Clerk read title. Mrs. Rasmussen
moved Ordinance be introduced. Mayor Ventura seconded. Carried
unanimously.
Mr. Ferrito moved for adoption of Ordinance No. 1569 entitled, AN
ORDINANCE REPEALING CHAPTER 9 OF THE TOWN CODE AND ADOPTING A
REVISED CHAPTER 9. Mr. Daily seconded. Carried unanimously.
-5-
APPEAL -
SWANSON FORD
HANDICAPPED
ACCESS
(CONTINUED)
HANDICAPPED
ACCESS APPEALS
VERBAL
COMMUNICATIONS
RESIDENTIAL
PREFERENTIAL
PARKING
AMENDMENT TO
TOWN CODE RE
CHANGE
MISDEMEANORS TO
INFRACTIONS
APPEAL - 236 N.
SANTA CRUZ AVE.
HANDICAPPED
ACCESS
CONFLICT OF
INTEREST CODE
CABLE TV
ORDINANCE
February 7, 1983
Los Gatos, California
showing where they were located and area one would walk through
to get to the bathrooms. After further discussion and no one
else wishing to speak on this issue, Mr. Ferrito moved hearing be
closed. Mrs. Rasmussen seconded. Carried unanimously. Mrs.
Rasmussen moved to grant the appeal with findings that compliance
with the decision of the building official creates an
unreasonable hardship due to extra cost. Mrs. Benjamin
seconded. Carried unanimously. The Town Attor:ey was directed
to draft a resolution and present to Council at their next
meeting.
Mr. Ferrito questioned the possibility of the Building Official
being able to make determinations of Town's policy on some of
these appeals regarding handicapped access. The Town Manager
stated he would need some direction from Council and then could
work up some guidance to the Building Official on these. Mayor
Ventura suggested a resolution allowing the Building Official to
be able to determine whether some proposals create a hardship.
The Town Manager to draft a resolution and return it to Council
for review.
Kevin Miller requested permission to park an ice cream truck at
the High School and sell during the lunch period. (There is no
push cart ordinance to date. The pushcart ordinance will be
coming back to Council in the near future).
The Town Attorney stated it would be necessary to amend ORDINANCE
ESTABLISHING PROCEDURE FOR PREFERENTIAL PARKING AND SETTING FINES
FOR VIOLATION, which was introduced at the meeting of January 17,
1983. The County Clerk has indicated that an Ordinance cannot
specify what the fine would be unless it states what State Law
provides as Maximums. Fines have to be left to the discretion of
the Judge and to comply, the Council must amend the Ordinance by
eliminating reference to fines. Mr. Ferrito moved to amend and
introduce ORDINANCE ESTABLISHING PROCEDURE FOR PREFERENTIAL
PARKING. Mrs. Rasmussen seconded. Carried unanimously.
Mayor Ventura left the Council Chambers. Vice Mayor Rasmussen
took the Chair. Mr. Ferrito left the Council Chambers.
Mr. Daily moved reading be waived for ORDINANCE AMENDING VARIOUS
TOWN ORDINANCES TO CHANGE MISDEMEANORS TO INFRACTIONS. Mrs.
Benjamin seconded. Carried unanimously. Clerk read title. Mr.
Daily moved Ordinance be introduced. Carried by a vote of three
ayes. Mr. Ferrito and Mayor Ventura were absent.
Mr. Ferrito returned to Council Chambers.
Mr. Daily moved for adoption of Resolution No. 1983-30 entitled,
RESOLUTION GRANTING APPEAL FROM DECISION OF BUILDING OFFICIAL
(236 N. SANTA CRUZ AVENUE - BATEMAN-EICHLER). Mrs. Benjamin
seconded. Carried by a vote of four ayes. Mayor Ventura absent.
Mr. Ferrito moved reading be waived for an ORDINANCE ADDING
ARTICLE VI TO CHAPTER 2 OF THE TOWN CODE ADOPTING A CONFLICT OF
INTEREST CODE. Mrs. Benjamin seconded. Carried by a vote of
four ayes. Mayor Ventura absent. Clerk read title. Mr. Ferrito
moved Ordinance be introduced. Mrs. Benjamin seconded. k,arried
by a vote of four ayes. Mayor Ventura was absent.
Mayor Ventura returned to the Chair.
The Town Manager reported to Council on negotiations regarding
new franchise agreement and the events that preceded the
negotiations with Hearst Corporation. After some discussion,
Mrs. Rasmussen moved for adoption of Resolution No. 1983-31
entitled, RESOLUTION AUTHORIZING EXECUTION OF FRANCHISE AGREEMENT
WITH HEARST CABLEVISION OF CALIFORNIA, and authorize the Mayor to
sign on behalf of the Town. Mr. Daily seconded. Unanimously
carried.
-4-
ORDINANCE NO.
1567
ORDINANCE ADDING ARTICLE VI TO CHAPTER 2 OF THE 'DOWN CODE,
ADOPTING A CONFLICT OF INTEREST CODE
The Town Council of Los Gatos hereby ORDAINS:
SECTION 1.
Chapter 2 of the Town Code is mended to add Article VI, as follows:
"Article VI. Conflict of Interest.
Sec. 2-60. Adoption of standardized conflict of interest code as permitted by
2 California Administrative Code Section 18730.
California Government Code Section 87300 requires local agencies to adopt
a Conflict of Interest Code. The Fair Political Practices Commission has adopted
a regulation, 2 California Administrative Code Section 18730, which contains the
teens of a standard Conflict of Interest Code, which local agencies are authorized
to incorporate by reference, and which may be amended by the Fair Political
Practices Commission to conform to amendments and state law after public notice
and hearings. Pursuant to that authority, the terms of 2 California Administrative
Code Section 18730 and any amendments to it duly adopted by the Fair Political
Practices Commission are hereby incorporated by reference, together with the
other sections in this article, as the Conflict of Interest Code of the Town of
Los Gatos.
Sec. 2-61. Designated employees.
This section shall constitute the Appendix referred to in Section 2 of ti
standardized code. The Council hereby finds that the following persons make or.1
cipate in the making of decisions which may foreseeably have a material effect or
financial interests, and are therefor designated employees: all elected Town
officials, the Town Attorney, the Town Manager, the Assistant Town Manager, and
all Department Heads appointed by the Town Manager.
Sec. 2-62. Disclosure categories.
This section shall constitute the Appendix referred to in Section 3 of the
standardized code. All designated employees shall report the same financial interests
"that are required to be reported by officials named in Goverment Code Section
87200.
Sec. 2-63. Definition of indirect interest.
Government Code Section 87103 defines "financial interest in a decision"
within the meaning of Section 87100, and in so doing also defines "indirect invest-
ment or interest." Under this Code, indirect investment or interest shall include,
in addition to those interests listed in Section 87103, any investment or interest
owned by the immediate family of a public official. Immediate family means spouse,
child, sibling, parent, grandparent, niece, nephew, and dependent(s) whether
related by blood or marriage."
SEC1'iON 2.
This ordinance takes effect thirty (30) days after the date it is adopted.
Within fifteen (15) days after this ordinance is adopted, the Town Clerk shall
cause it to be published once in a newspaper of general circulation published and
circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Los Gatos an February 7, 1983 , and adopted by the following vote
as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council
February 21, 1983
an
AYES:
NOES:
ABSTAIN:
ABSENT:
Ai'iEST :
COUNCIlI"1FMBERS Joanne. Benjamin, Terrence J. Daily, Thomas
J. Ferrito, MarLyn J. Rasmussen and Mayor Brent N. Ventura
COUNCILMEMBERS None
COUNCIIMI: IBERS
None
COUNCIINJENIBERS Non e
SIGNED: /s/ Brent N. Ventura
Mayor of the Town of Los Gatos
/s/ Rebecca L. Yates (seal)
Deputy Clerk of the Town of Los Gatos
ec "r v �.,�`� �3 -2-
Meeting of 2/22/83
Item No. 25
TOWN of LOS GATOS
Town Attorney
354-6880
February 9, 1983
To: Council
From: Attorney
Re: Adoption of Conflict. of Interest Code
Attached, for adoption, is the ordinance introduced on February 7, 1983, adopting
a conflict of interest code.
e/t.!/
alter V. Hays
WVH:ms
Att.
CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95030
PROOF OF PUBLICi. ION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Santa Clara
I am a citizen of the United States and a resi-
dent of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the above -entitled matter. I am
the principal clerk of the printer of the
LOS GATOS TIMES-SARATOGA OBSERVER
236 N. Santa Cruz Avenue, Los Gatos, Calif-
ornia, a newspaper of general circulation,
printed in the City of Cupertino, California,
County of Santa Clara, and published Tues-
day and Friday in the Town of Los Gatos,
California, County of Santa Clara, and which
newspaper has by the Superior Court of the
County of Santa Clara, State of California,
under the date of May 28, 1952, Case Num-
ber 83631; that the notice of which the an-
nexed is a printed copy (set in type not
smaller than non-pareil), has been published
in each regular and entire issue of said news-
paper and not in any supplement thereof on
the following dates, to wit:
March 8
all in the year 19 83
I certify (or declare) under penalty of per-
jury that the foregoing is true and correct.
Dated at Cupertino, California, this
8th r1Ey of March
$
Signature
19 83
Filing Stamp
AD# 121-TO
PROOF OF PUBLICATION
ORDINANCE # 1567
ORDINANCE NO. 1567
ORDINANCE ADDING
ARTICLE VI TO CHAPTER 2
OF THE TOWN CODE,
ADOPTING A CONFLICT OF
INTEREST CODE
The Town Council of Los
Gatos hereby ORDAINS:
SECTION 1.
Chapter 2 of the Town
Code is amended to add Article
VI, as follows:
"Article VI.
Conflict of Interest.
' Sec. 2-60. Adoption of
standardized conflict of interest
code as permitted by 2 Califor-
nia Administrative Code Sec-
meaning of Section 87100, and
in so doing also defines "in-
direct investment or interest."
Under this Code, indirect in-
vestment or interest shall in-
clude, in addition to those
interests listed in Section
87103, any investment oriter-
iinter-
estimmediate
family of apublic official.
a Immediate family means
spouse, child, sibling, parent,
grandparent, niece, nephew,
and dependent(s) whether
c related by blood or marriage."
c SECTION 2.
This ordinance takes effect
thirty 1301 days after the date it
is adopted. Within fifteen 115)
days after this ordinance is
adopted, the Town Clerk shall
cause it to be published once in ia13
a newspaper of general circu- old
lation published and circulated es
in the Town. au
This ordinance was intro- be
duced at a regular meeting of
the Town Council of the Town ul
of Los Gatos on February 7,
1963, and adopted by the E
following vote as an ordinance
of the Town of Los Gatos at a
meeting of the Town
rity vl
Item 24
TOWN of LOS GATOS
Town Attorney
354-6880
January 19, 1983
To: Council
From: Attorney
Re: Conflict of Interest
Recommendation
Introduce the attached ordinance adopting a Conflict of Interest Code.
Discussion
On January 17, 1983, the Council directed the Manager to make certain changes in
the Town's conflict of interest resolution. In researching the matter, I discovered
that more is required in order to canply with state law, as follows:
1. The Political Reform Act of 1974, Government Code Sections 81000 et seq.,
was adopted as a statewide initiative in 1974. Section 87300 requires every agency
to adopt a "Conflict of Interest Code." In my opinion, this requires an ordinance,
not a resolution.
2. Section 87306 requires all agencies to amend their Conflict of Interest
Codes to reflect changes in state law. However, since agencies are not always aware
of the changes that must be made, the Fair Political Practices Commission (FPPC),
which oversees the Act, has adopted a "Standardized Code," in 2 California Adminis-
trative Code Section 18730. If our local code incorporates thetand latzedt de
by reference, we automatically pick up any amendments. A copy of
re-
vision of Section 18730 is attached hereto as Exhibit A.
3. Section 2 of"Appendix"
Standardized Code states that the persons holding
he
positions listed in the Appendix
are designated employees. The purpose
section is to list the employees covered by the Code. Since our Town Code makes
no provision for appendices, Section 2-61 of the proposed ordinance fulfills the
the same function.
4. Section 3 of the Standardized Code (page 3) refers to "disclosure cate-
gories," and contemplates another appendix in which different groups of employees
are required to report different kinds of financial interests. While the Council
may in the future want to requirecertain Town �i�h substitutesreport
forrthe Appendior less x
others, Section 2-62 of the proposed ordinance,
requires all employees to make the same disclosure required of the members of the
Town Council. CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95030
Council -2-
January 19, 1983
Sections 2-60 through 2-62 are sufficient to
Council requested that our local code expand
to include interests held by siblings, etc.
comply with state law. Haaever, the
the definition of "financial interest"
The way that works is as follows:
1. Section 87100 states that no public official may participate in any
governmental decision in which he has a "financial interest."
2. Section 87103 states that an official has a financial interest in a
decision within the meaning of Section 87100 if it is reasonably foreseeable that
the decision will have a material financial effect, distinguishable from its effect
on the public generally, on certain interests in which the official has a "direct
or indirect investment" over a certain sum, with "indirect investment" beind de-
fined as follows:
"...any investment or interest owned by the spouse or dependent
child of a public official, by an agent on behalf of a public
official, or by a business entity or trust in which the official,
the official's agents, spouse and dependent children own directly,
indirectly, or beneficially a ten percent interest or greater."
Pursuant to the Council's direction, Section 2-63 of the proposed ordinance ex-
pands the foregoing definition to include other relatives.
To assist in understanding the foregoing, I have attached a copy of an FPPC
memorandum of 9-15-82 as Exhibit B. I am also distributing to each Council
member a copy of the Conflict of Interest Pamphlet," and recommend that the
Town order copies for all designated employees.
i
-' tv I"iVor
Walter V . Hays ,y.,
Mi: ms
Att.
ORDINANCE NO. /6- 6
ORDINANCE ADDING ARTICLE VI TO CHAPTER 2 OF THE TOWN CODE,
ADOPTING A CONFLICT OF INTEREST CODE
The Town Council of Los Gatos hereby ORDAINS:
SEC11ON 1
Chapter 2 of the Town Code is mended to add Article VI, as follows:
"Article VI. Conflice of Interest.
Sec. 2-60. Adoption of standardized conflict of interest code as permitted by
2 California Administrative Code Section 18730.
California Government Code Section 87300 requires local agencies to adopt
a Conflict of Interest Code. The Fair Political Practices Commission has adopted
a regulation, 2 California Administrative Code Section 18730, which contains the
terms of a standard Conflict of Interest Code, which local agencies are authorized
to incorporate by reference, and which may be aweaded by the Fair Political
Practices Commission to conform to amendments and state law after public notice
and hearings. Pursuant to that authority, the terms of 2 California Mministrative
Code Section 18730 and any amendments to it duly adopted by the Fair Political
Practices Commission are hereby incorporated by reference, together with the
other sections in this article, as the Conflict of Interest Code of the Town of
Los Gatos.
Sec. 2-61. Designated employees.
This section shall constitute the Appendix referred to in Section 2 of the
standardized code. The Council hereby finds that the following persons make or parti-
cipate in the making of decisions which may foreseeably have a material effect on
financial interests, and are therefor designated employees: all elected Town
officials, the Town Attorney, the Town Manager, the Assistant Tc»n Manager, and
all Department Heads appointed by the Town Manager.
Sec. 2-62. Disclosure categories.
This section shall constitute the Appendix referred to in Section 3 of the
standardized code. All designated employees shall report the same financial interests
"that are required to be reported by officials named in Govenui'eut Code Section
87200.
Sec. 2-63. Definition of indirect interest.
Government Code Section 87103 defines "financial interest in a decision"
within the meaning of Section 87100, and in so doing also defines "indirect invest-
ment or interest." Under this Code, indirect investment or interest shall include,
in addition to those interests listed in Section 87103, any investment or interest
owned by the immediate family of a public official. Immediate family means spouse,
child, sibling, parent, grandparent, neice, nephew, and dependent(s) whether
related by blood or marriage."
SEGri0N 2.
This ordinance takes effect thirty (30) days after the date it is adopted.
Within fifteen (15) days after this ordinance is adopted, the Town Clerk shall
cause it to be published once in a newspaper of general circulation published and
circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Los Gatos on , and adopted by the following vote
as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council
on
AYES: COUNCILMERS
NOES: OOUNCILMEM3ERS
ABSTAIN: COUNCIUARMBERS
ABSENT: OO(JNCILMEKBERS
SIGNED:
Al1'EST :
Mayor of the Town of Los Gatos
Clerk of the Town of Los Gatos
-2-
Regulations of the Fair Political Practices Commission
(Title 2, Division 6 of the California Administrative Code)
18730. Provisions of Conflict of Interest Codes
(Gov. Code Sections 87300 - 87302)
(a) Incorporation by reference of the terms of
this regulation along with the designation of employees and
the formulation of disclosure categories in the Appendix
referred to below constitute the adoption and promulgation
of a Conflict of Interest Code within the meaning of Government
Code Section 87300 or the amendment of a Conflict of Interest
Code within the meaning of Government Code Section 87307 if
the terms of this regulation are substituted for terms of a
Conflict of Interest Code already in effect. A code so
amended or adopted and promulgated requires the reporting of
reportable items in a manner substantially equivalent to the
requirements of Article 2 of Chapter 7 of the Political
Reform Act, Government Code Sections 81000, et set;. The
requirements of a Conflict of Interest Code are in audition
to other requirements of the Political Reform Act, such as
the general prohibition against conflicts of interest contained
in Government Code Section 87100, and to other state or
local laws pertaining to conflicts of interest.
(b) The terms of a Conflict of Interest Coae
amended or adopted and promulgated pursuant to this regulation
are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political
Reform Act of 1974, regulations of the Fair Political
- 1 -
Exhibit A
18730
Practices Commission (2 Cal. Adm. Code Sections
18100 et seg.), and any amendments to the Act or
regulations, are incorporated by reference into
this Conflict of Interest Code.
(2) Section 2. Designated Employees.
The persons holding positions listed in the
Appendix are designated employees. It has been
determined that these persons make or participate
in the making of decisions which may foreseeably
have a material effect on financial interests.
(3) Section 3. Disclosure Categories.
This Code does not establish any disclosure
obligation for those designated employees who are
also specified in Government Code Section 87200 if
they are designated in this Code in that same
capacity or if the geographical jurisdiction of
this agency is the same as or is wholly included
within the jurisdiction in which those persons
must report their financial interests pursuant to
Article 2 of Chapter 7 of the Political Reform
Act, Government Code Sections 87200, et sec7.1/
1/ Designated employees who are required to file
statements of economic interests under any other agency's
Conflict of Interest Code, or under Article 2 for a different
jurisdiction, may expand their statement of economic interests
to cover reportable interests in both jurisdictions, and
file copies of this expanded statement with both entities in
lieu of filing separate and distinct statements, provided
that each copy of such expanded statement filed in place of
an original is signed and verified by the designated employee
as if it were an original. See Government Code Section 81004.
- 2 - 18730
Such persons are covered by this Code for disquali-
fication purposes only. With respect to all other
designated employees, the disclosure categories
set forth in the Appendix specify which kinds of
financial interests are reportable. Such a designated
employee shall disclose in his or her statement of
economic interests those financial interests he or
she has which are of the kind described in the
disclosure categories to which he or she is assigned
in the Appendix. It has been determined that the
financial interests set forth in a designated
employee's disclosure categories are the kinds of
financial interests which he or she foreseeably
can affect materially through the conduct of his
or her office.
(4) Section 4. Statements of Economic
Interests: Place of Filing.
The code reviewing body shall instruct all
designated employees required to file statements
of economic interests pursuant to this Conflict of
Interest Code to file in accordance with one of
the following procedures:/
(A) A11 designated employees shall file
statements of economic interests with the
agency. Upon receipt of the statements of
�� See Government Code Section 81010 and 2 Cal.
Adm. Code Section 18115 for the duties of filing officers
and persons in agencies who make and retain copies of state-
ments and forward the originals to the filing officer.
3
18730
economic interests of the head of the agency
and members of boards or commissions not
under a department of state or local govern-
ment, the agency shall make and retain a copy
of each and forward the originals of these
statements to the code reviewing body, which
shall be the filing officer with respect,to
these statements. Such statements shall be
forwarded to the code reviewing body within
five days after the filing deadline or five
days after receipt in the case of statements
filed late.
(B) All designated employees shall file
statements of economic interests with the
agency, which shall make and retain a copy
and forward the originals to the code reviewing
body, which shall be the filing officer.
(C) All designated employees shall file
statements of economic interests with the
code reviewing body.
(5) Section 5. Statements of Economic
Interests: Time of Filing.
(A) Initial Statements. All designated
employees employed by the agency on the effective
date of this Code, as originally adopted,
promulgated and approved by the code reviewing
- 4 - 18730
body, shall file statements within thirty
days after the effective date of this Code.
Thereafter, each person already in a position
when it is designated by an amendment to this
Code shall file an initial statement within
thirty days after the effective date of the
amendment.
(B) Assuming Office Statements. All
persons assuming designated positions after
the effective date of this Code shall file
statements within thirty days after assuming
the aesignatea positions, or if subject to
State Senate confirmation, thirty gays after
being nominated or appointed.
(C) Annual Statements. All designated
employees shall file statements no later than
April 1.
(D) Leaving Office Statements. All
persons who leave designated positions shall
file statements within thirty days after
leaving office.
(6) Section 6. Contents of and Period Covered
by Statements of Economic Interests.
(A) Contents of Initial Statements.
Initial statements shall disclose any reportaole
investments, interests in real property and
- 5 -
15730
r
business positions held on the effective date
of the Code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any
reportable investments, interests in real
property and business positions helu on the
date of assuming office or, if subject to
State Senate confirmation or appointment, on
the date of nomination.
(C) Contents of Annual Statements.
Annual statements shall disclose any reportable
investments, interests in real property,
income and business positions hela or received
during the previous calendar year provided,
however, that the period covered by an employee's
first annual statement shall begin on the
effective date of the Code or the date of
assuming office whichever 'is later.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose
reportable investments, interests in real
property, income and business positions held
or received during the period between the
closing date of the last statement filed and
the date of leaving office.
- 6 - 16730
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be
made on forms prescribed by the Fair Political
Practices Commission and supplied by the agency,
and shall contain the following information:
(A) Investment and Real Property disclosure.
When an investment or an interest in real
property3/ is required to be reported, 4/ the
statement shall contain the following:
1. A statement of the nature of
the investment or interest;
2. The name of the business entity
in which each investment is held, and a
general description of the business
activity in which the business entity is
engaged;
3. The address or other precise
location of the real property;
/ For the purpose of disclosure only
y (not dis-
qualification), an interest in real property does not include
the principal residence of the filer.
4/ Investments and interests in real property
which have a fair market value of less than $1,000 are not
investments and interests in real property within the meaning
of the Political Reform Act. However, investments or interests
in real property of an individual include those held by the
individual's spouse and dependent children as well as a
pro rata share of any investment or interest in real property
of any business entity or trust in which the individual,
spouse and dependent children own, in the aggreyate, a direct,
indirect or beneficial interest of 10 percent or greater.
- 7 - 18730
Y
4. A statement whether the fair
market value of the investment or interest
in real property exceeds one thousand
dollars ($1,000), exceeds ten thousand
dollars ($10,000), or exceeds one hundred
thousand dollars ($100,000).
(B) Personal Income Disclosure. When
personal income is required to be reported,5/
the statement shall contain:
1. The name and address of each
source of income aggregating two hundred
fifty dollars ($250) or more in value,
or twenty-five dollars ($25) or more in
value if the income was a gift, and a
general description of the business
activity, if any, of each source;
2. A statement whether the aggregate
value of income from each source, or in
the case of a loan, the highest amount
owed to each source, was one thousand
dollars ($1,000) or less, greater than
one thousand dollars ($1,000), or greater
than ten thousand dollars ($10,000);
/ A designated employee's income includes his or
her community property interest in the income of his or her
spouse but does not include salary or reimbursement for
expenses received from a state, local or federal government
agency.
- 8 - 18730
3. A description of the consideration,
if any, for which the incou+e was received;
4. In the case of a gift, the
name, address and business activity of
the donor and any intermediary through
which the gift was made; a description
of the gift; the amount or value of the
gift; and the date on which the gift was
received;
5. In the case of a loan, the
annual interest rate and the security,
if any, given for the loan.
(C) Business Entity Income Disclosure.
When income of a business entity, including
income of a sole proprietorship, is required
to be reported,6/ the statement shall contain:
1. The name, address, ana a general
description of the business activity of
the business entity;
2. The name of every person frog,
whom the business entity received payments
if the filer's pro rata share of gross
receipts from such person was equal to or
greater than ten thousand dollars ($10,000).
6/ Income of a business entity is reportable if
the direct, indirect or beneficial interest of the filer and
the filer's spouse in the business entity aggregates a 10
percent or greater interest. In addition, the disclosure of
persons who are clients or customers of a business entity is
required only if the clients or customers are within one of
the disclosure categories of the filer.
- 9 - 18730
(D) Business Position Disclosure. When
business positions are required to be reported,
a designated employee shall list the name and
address of each business entity in which he or
she is a director, officer, partner, trustee,
employee, or in which he or she holds any
position of management, a description of the
business activity in which the business entity
is engaged, and the designated employee's
position with the business entity.
(E) Acquisition or Disposal During Reporting
Period. In the case of an annual or leaving
office statement, if an investment or an interest
in real property was partially or wholly acquireu
or disposed of during the period covered by
the statement, the statement shall contain the
date of acquisition or disposal.
(8) Section 8. Disqualification.
No designated employee shall make, participate
in making, or use his or her official positions to
influence the making of any governmental decision
which will foreseeably have a material financial
effect, distinguishable from its effect on the
public generally, on:
(A) Any business entity in which the
designated employee has a direct or indirect
investment worth more than one thousand dollars
($1,000);
- 10
-
18730
(B) Any real property in which the designated
employee has a direct or indirect interest
worth more than one thousand dollars ($1,000);
(C) Any source of income, other than
loans by a commercial lending institution in
the regular course of business on terms available
to the public without regard to official status,
aggregating two hundred fifty dollars ($250)
or more in value provided to, received by or
promised to the designated employee within
twelve m►►onths prior to the time when the decision
is made; or
(D) Any business entity in which the
designated employee is a director, officer,
partner, trustee, employee, or holds any position
of management.
No designated employee shall be prevented from
making or participating in the making of any decision
to the extent his or her participation is legally
required for the decision to be maue. The fact
that the vote of a designated employee who is on a
voting body is needed to break a tie does not make
his or her participation legally required for purposes
of this section.
(9) Section 9. Manner of Disqualification.
When a designated employee determines that he
or she should not make a governmental decision
- 11 - 18730
because he or she has a financial interest in it,
the determination not to act must be accompanied by
disclosure of the financial interest. In the case
of a voting body, this determination and disclosure
shall be made part of the agency's official record;
in the case of a designated employee who is the
head of an agency, this determination anu disclosure
shall be made in writing to his or her appointing
authority; and in the case of other designated
employees, this determination and disclosure shall
be made in writing to the designated employee's
supervisor.
(10) Section 10. Assistance of the Commission
and Counsel.
Any designated employee who is unsure of his
or her duties under this Code may request assistance
from the Fair Political Practices Commission pursuant
to Government Code Section 83114 or from the attorney
for his or her agency, provided that nothing in
this section requires the attorney for the agency
to issue any formal or informal opinion.
(11) Section 11. Violations.
This Code has the force anu effect of law.
Designatea employees violating any provision of
this Code are subject to the adutinistrative, criminal
and civil sanctions provided in the Political
Reform Act, Government Code Sections 81000 - 91014.
- 12 - 18730
In addition, a decision in relation to which a
violation of the disqualification provisions of
this Code or of Government Code Section 87100 has
occurred may be set aside as void pursuant to
Government Code Section 91003.
History: (1) New section filed as emergency
April 2, 1980; effective upon filing.
(2) Amendment (b) filed 1/9/81; effective
2/8/81.
- 13 - 18730
State of California
Memorandum
September 15, 1982
TO: City Attorneys
FROM: Fair Political Practices Commission
Legal Division
RE: Conflict of Interest Pamphlet
Conflict of Interest Codes - Informational Update
NEW CONFLICT OF INTEREST PAMPHLET
We have recently prepared a pamphlet which summarizes
the conflict of interest law for public officials. We have
enclosed several copies for the councilmembers in your
city. Please feel free to make copies of the pamphlet for
distribution to designated employees in your jurisdiction.
Additional copies of the Guide will be available in approx-
imately eight weeks from Documents and Publications, 4675
Watt Avenue, North Highlands, CA 95660, (916) 445-1020. An
estimated cost is $.15 per booklet plus sales tax and
postage in addition to an $.80 processing fee per order.
CONFLICT OF INTEREST CODES
Over the past year, a number of questions concerning
conflict of interest codes have been brought to the atten-
tion of the Commission staff by local agencies. Because
some of the issues raised by these questions appeared to be
common to a large number of local agencies, we have decided
to address these issues in this memo. Even though the
Commission is not the code reviewing body for most local
agencies, it has the ultimate responsibility for all
conflict of interest codes and the duty to assist local
agencies in administering the Political Reform Act. We
hope that the following discussion will prove to be helpful
to you.
Exhibit B
City Attorneys
September 15, 1982
Page 2
Standardized Code: The Political Reform Act requires all
agencies to amend their conflict of interest codes to
reflect changes in the law. Government Code Section
87306. Unfortunately, government agencies are not always
aware of changes in the Act or in the regulations, and
codes are often not kept up to date. To assist agencies in
keeping their codes up to date, the Commission has adopted
a "standardized code." The standardized code is a Commis-
sion regulation which contains the provisions that every
code is required to have by statute and regulation. 2 Cal.
Adm. Code Section 18730. The standardized code is regu-
larly updated by the Commission to reflect changes in the
law.
Any agency can incorporate the standardized code by
reference as the body of its conflict of interest code.
Once an agency has incorporated the standardized code by
reference, changes made by the Commission to update the
standardized code automatically become part of the agency's
code. Thus the agency does not have to take any further
action to bring its code into conformity with changes in
the law. Of course, notice of any proposed amendments to
the standardized code itself will be provided to all cities
and counties by the Commission.
If you have not already done so, we strongly urge you
to suggest the incorporation of the standardized code as
the body of the conflict of interest codes for your city.
Model language for the incorporation of the standardized
code is attached to this memo.
Appendix to the Standardized Code: In addition to the
provisions of the standardized code, a conflict of interest
code must contain an appendix which consists of a list of
designated employees for the agency and the disclosure
category for each designated employee. Regulation 18730
(the standardized code) together with this appendix con-
stitute a complete conflict of interest code for any
agency.
Designated Employees: The Political Reform Act gives each
agency the responsibility of determining which of its
employees should be designated in the Appendix to its
conflict of interest code. Government Code Section 87300.
All employees who make or participate in making decisions
which could foreseeably affect financial interests should
be designated. Employees who do not make or participate in
such decisions should not be designated.
City Attorneys
September 15, 1982
Page 3
Disclosure Categories: The Political Reform Act speci-
fically requires that financial disclosure be tailored to
each designated employee's duties. Government Code Section
87309. We have noticed in some codes that virtually all
designated employees have been given the broadest dis-
closure requirements. In other codes, the disclosure
requirements are too narrow.
A public official or employee should be required to
disclose those private financial interests which can be
affected by decisions which the public official or employee
participates in or makes. Government Code Section 87302.
In some cases, a public official's or employee's duties are
so broad or indefinable that narrow disclosure categories
cannot be formulated to describe with specificity the kinds
of private financial interests the official can affect.
Such an official should be required to disclose all
interests in real property, investments and income within
the jurisdiction. This type of disclosure is generally
used for heads of agencies. Government Code Section
87310. For other officials and employees, the specific
kinds of private financial interests which can foreseeably
be affected by decisions in which the person participates
should be described in the disclosure categories.
If the codes for your jurisdiction have not been
reviewed recently, this might be a good opportunity to
review the list of designated employees and disclosure
categories for each code to see if they accurately reflect
the employees' current duties.
If you have any questions or comments regarding the
pamphlet or conflict of interest codes, please contact
Susan Harrigan at 916/322-5901.
COUNCIL AGENDA
Date: 1/17/83
TOWN OF LOS GATOS
Council Agenda Report
DATE: January 12, 1983
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER 1
SUBJECT: TOWN CONFLICT OF INTEREST RESOLUTION
Item No. as
RECOMMENDATION:
That the Town Council advise staff of its preferences on the recommendations
relating to the changes in the Conflict of Interest resolution detailed in this
report.
DISCUSSION:
Attached is a copy of the current Town Conflict of Interest resolution. That
resolution specifically provides application of the Conflict of Interest Code
to the Town Council, the Town Planning Commission, the Town Manager, and the
Town Planning Director.
In reviewing the provisions of the Conflict of Interest Code, staff is of the
opinion that a number of other employees and officials of the Town should be
included. At a minimum, all Town department heads and the Assistant Town
Manager should be included in the Town's Conflict of Interest Code. Each of
these individuals does have some decisionmakinq authority with the potential
for conflict of interest.
The Town Council should specifically consider inclusion of the position of
Town Attorney in the application of the Conflict of Interest Code. Most other
jurisdictions do provide that attorneys be governed by the local government
Conflict of Interest Code.
PREPARED BY: (cont.)
Reviewed by: Attorney
Clerk Treasurer
TOWN COUNCIL ACTION DIRECTED TO:
ACTION OF COUNCIL:
COMMENTS:
CONFLICT OF INTEREST RESOLUTION -- 2 January 12, 1983
Finally, the Town Council should consider whether or not the positions of
Town Clerk and Town Treasurer should be included in the application of the
Code. Although these two separately elected positions are currently bonded,
those bonds deal specifically with the management of Town funds and not with
potential issues of conflict of interest relative to decisions made by each
of those elected officials. It is not unusual in local government for posi-
tions responsible for the investment of Town funds and for positions responsible
as Finance Officers to be included in Conflict of Interest Codes.
Following discussion of these various items, staff will present a revised
Conflict of Interest resolution for adoption by the Council at its meeting of
February 7, 1983.
DRM/ss
Encl.
cc: Regular Distribution
RESOLUTION NO . 1 978-51
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS ADOPTING A CONFLICT
OF INTEREST CODE APPLICABLE TO THE
MEMBERS OF THE TOWN COUNCIL PURSUANT
TO THE POLITICAL REFORM ACT OF 1974
RESOLVED:
SECTION 1. ADOPTION OF CONFLICT OF INTEREST CODE. In
compliance with section 87300 of the Government Code the Town
Council hereby adopts this Conflict of Interest Code.
SECTION 2. APPLICATION OF CODE. This Conflict of Interest
Code applies to members of the Town Council, Town Planning Commission,
Town Manager and Planning Director.
SECTION 3. DISCLOSURE. Councilmembers are already required
to disclose investments, interest in real property and income under
sections 87200 and following of the Government Code. Therefore no
other or additional disclosure requirements are imposed on them by
this Conflict of Interest Code.
SECTION 4. DISCLOSURE. All persons to whom this code applies
shall make the same disclosures in the same manner, as are required
of councilmembers.
SECTION 5. CIRCUMSTANCES REQUIRING DISQUALIFICATION. All
persons to whom this code applies must disqualify themselves from
making or participating in the making of a decision when they have
a financial interest, as defined in section 87103 of the Government
Code, when it is reasonably foreseeable that it may be affected
materially by the decision, unless the rule of necessity set forth
in section 87101 of the Government Code applies.
-1-
SECTION 5. The Town Clerk is directed to forward a certified
copy of this resolution to the Faii Political Practices.Commission.
PASSED AND ADOPTED at a
regular meeting of the Town
Council of the Town of Los Gatos held on the 17th day of
April , 1978, by the following vote:
4tAYES:
NOES:
COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito,
John B. Lochner and Mardi Gualtieri
COUNCIL MEMBERS Peter W. Siemens
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS
SIGNED:
ATTEST:
None
CLERK OF/ THE /OWN OF LOS GATOS
��jjMAJOR OF THE TOWN;
OF LOS GATOS
—2—
RESOLUTION NO.
1978-51
RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS ADOPTING A CONFLICT
OF INTEREST CODE APPLICABLE TO THE
MEMBERS OF THE TOWN COUNCIL PURSUANT
TO THE POLITICAL REFORM ACT OF 1974
RESOLVED:
SECTION 1. ADOPTION OF CONFLICT OF INTEREST CODE. In
compliance with section 87300 of the Government Code the Town
Council hereby adopts this Conflict of Interest Code.
SECTION 2. APPLICATION OF CODE. This Conflict of Interest
Code applies to members of the Town Council, Town Planning Commission,
Town Manager and Planning Director.
SECTION 3. DISCLOSURE. Councilmembers are already required
to disclose investments, interest in real property and income undk
sections 87200 and following of the Government Code. Therefore nr
other or additional disclosure requirements are imposed on them b'
this Conflict of Interest Code.
SECTION 4. DISCLOSURE. All persons to whom this code appli �
C,
shall make the same disclosures in the same manner, as are requir
of councilmembers. ---.
SECTION 5. CIRCUMSTANCES REQUIRING DISQUALIFICATION. All
persons to whom this code applies must disqualify themselves from
making or participating in the making of a decision when they have
a financial interest, as defined in section 87103 of the Government
Code, when it is reasonably foreseeable that it may be affected
materially by the decision, unless the rule of necessity set forth
in section 87101 of the Government Code applies.
-1-
- 1.7-72
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SECTION 5. The Town Clerk is directed to forward a certified
copy of this resolution to the Fair Political Practices Commission.
PASSED .AND ADOPTED at a
regular meeting of the Town
Council of the Town of Los Gatos held on the 17th day of
April
, 1978, by the following vote:
AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferr i to,
John B. Lochner and Mardi Gualtieri
NOES: COUNCIL MEMBERS
P;te r W. Siemens
ABSTAIN: COUNCIL MEMBERS
None
ABSENT: COUNCIL MEMBERS
SIGNED:
ATTEST:
/S/ Jo James (seal)
/S/ Mardi Gualtieri
CLERK OF THE TOWN OF LOS GATOS
MAYOR OF THE TOWN OF LOS GATOS
-2-
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