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16 Staff Report - Amending Town Conflict of Interest CodeMEETING DATE: 10/19/98 ITEM NO. ' A COUNCIL AGENDA REPORT DATE: October 6, 1998 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, ESQ. TOWN ATTORNEY - SUBJECT: ADOPT ORDINANCE AMENDING TOWN CONFLICT OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS RECOMMENDATION: 1. Adopt ordinance that was introduced at the Council meeting of October 5, 1998. 2. Instruct the Clerk to either: (a) publish the ordinance within 15 days after adoption, or (b) publish a summary no more than 15 days after adoption (if summary published before adoption). DISCUSSION: On October 5, 1998 the Council introduced Attachment 1, which amends the Town Conflict of Interest Code, Chapter 4 of the Town Code. FISCAL IMPACT None. Attachments: Ordinance OPK/LMB:wp N:\ATYICONFLCT2.TCR PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY Reviewed by: L ...Manager Finance Revised: 10/6/98 11:18 am Reformatted: 10/23/95 File# 301-05 ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I This ordinance is intended to reflect changes resulting from the creation of the Parks and Public Works Department and the establishment of new positions in that Department and in the Planning Department. It is also intended to designate an existing middle management position in the Town Library. This ordinance makes no change in the substance of the Conflict of Interest Code, but only clarifies the positions designated for purposes of disclosure. SECTION II Section 2.30.610 is amended to read as follows with regard to the Planning Department, Building and Engineering Services, and Library. Sec. 2.30.610. Designated employees. DESIGNATED POSITIONS DISCLOSURE CATEGORY PARKS AND PUBLIC WORKS DEPARTMENT Director of Parks and Public Works 1 through 13 Assistant Civil Engineer / Information Systems Manager 1 through 13 Associate Civil Engineer 1 through 13 Assistant Town Engineer 1 through 13 Plan Check Engineer 1 through 13 Senior Building Inspector 1 through 13 Chief Inspector 1 through 13 Maintenance Superintendent 1 through 13 Parks & Forestry Superintendent 1 through 13 Parks Maintenance Supervisor 1 through 13 Public Works Maintenance Supervisor 1 through 13 LIBRARY 1 DESIGNATED POSITIONS DISCLOSURE CATEGORY Library Director 1 through 13 Senior Librarian 1 through 13 PLANNING DEPARTMENT Planning Director 1 through 13 Assistant Planning Director 1 through 13 Senior Planner 1 through 13 Associate Planner 1 through 13 Assistant Planner 1 through 13 Planning Technician 1 through 13 Code Compliance Officer / Planning Technician 1 through 13 Senior Engineering Technician 1 through 13 SECTION III This ordinance was introduced at a regular meeting of the meeting of the Town Council of the Town of Los Gatos on October 5, 1998 and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1998. This Ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 Town ,Council Minutes October 19, 1998 Redevelopment Agency Los Gatos, California TOWN'S HISTORIC STREET NAME LIST AMENDED/AYALA COURT/HEINTZ COURT (14.01) RAMOHS WAY/REGENT DRIVE/REGENT COURT/RESOLUTION 1998-169 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Resolution 1998-169 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING REOUEST TO ADD AYALA COURT, HEINTZ COURT. RAMOHS WAY. REGENT DRIVE. AND REGENT COURT TO THE TOWN OF LOS GATOS OFFICIAL HISTORIC STREET NAME LIST. Carried unanimously. LOS GATOS BOULEVARD 15737/RESIDENTIAL TO COMMERCIAL/ORDINANCE 2052 (15.09) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 2052 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8 (SINGLE FAMILY RESIDENTIAL) TO CH (RESTRICTED HIGHWAY COMMERCIAL) AT 15737 LOS GATOS BOULEVARD. Carried unanimously. CONFLICT OF INTEREST CODE/DESIGNATED POSITIONS/ORDINANCE 2053 (16.02) Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt Ordinance 2053 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS. Carried unanimously. HEARINGS ZONING MAP READOPTED/ZONING ORDINANCE INTRODUCED/HEARING (17.47) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider amending the Town Zoning Ordinance to readopt the existing zoning map of the Town. Zoning Code Amendment A-98-05. Applicant: Town of Los Gatos. There was no one from the audience to speak to this issue. Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council find that the Zoning Ordinance Amendment A-98-005 is consistent with the General Plan, Downtown Specific Plan, and Hillside Specific Plan. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE TO READOPT THE ZONING MAP. Carried unanimously. TC:D10:MM101998 3 • PROOF OF PUBLICA...Th (2o15.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95o31, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to Wit: i/998 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: - at San Jose, California 4<' 0 _4219 Kathy Wrightson Stamp PROOF OF PUBLICATION ORDINANCE 2053 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFJJCT OF INTEREST CODE (DMSION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I This ordinance is intended to reflect changes resulting from the creation of the Parks and Public Works Department and the establishment of new positions in that Department and in the Planning Department. It is also intend- ed to designate an existing middle management position in the Town Library. This ordi- nance makes no change in the substance of the Conflict of Interest Code, but only clari- fies the positions designated for purposes of disclosure. SECTION II Section 2.30.610 is amended to read as follows with regard to the Planning Department, Building and Engineering Services, and Library. Sec. 2.30.610. Designated employees. DESIGNATED POSITIONS DIS- CLOSURE CATEGORY PARKS AND PUBLIC WORKS DEPART- MENT Director of Parks and Public Works 1 through 13 Assistant Civil Engineer/ Information Systems Manager 1 through 13 Associate Civil Engineer 1 through 13 Assistant Town Engineer 1 thrccgh. 13 Pia: Check Engineer 1 through 13 Senior Building Inspector 1 through 13 Chief Inspector 1 through 13 Maintenance Superintendent 1 through 13 Parks & Forestry Superintendent 1 through 13 Parks Maintenance Supervisor 1 through 13 Public Works Maintenance Supervisor 1 through 13 LIBRARY Library Director 1 through 13 Senior Librarian 1 through 13 PLANNING DEPARTMENT Planning Director 1 through 13 Assistant Planning Director 1 through 13 Senior Planner 1 through 13 Associate Planner 1 through 13 Assistant Planner 1 through 13 Planning Technician 1 through 13 Code Compliance Officer/Planning Technician 1 through 13 Senior Engineering Technician 1 through 13 SECTION III This ordinance was intro- duced at a regular meeting of the meeting of the Town Council of the Town of Los Gatos on October 5, 1998 and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on October 19, 1998. This Ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck. NAYS:None ABSENT: None ABSTAIN: None SIGNED:/s/ Linda Lubeck, Mayor/ ATTEST: /s/ Marian V. Cosgrove/ Town Clerk. (.. wW htJ(Do) PROOF OF PUBLICATItN (2o15.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendra Avenue, Los Gatos, California, 95o3i, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to Wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: at San Jose, California Kathy Wrig tson __ ...... ...... Filing Stamp PROOF OF PUBLICATION ORDINANCE OF THE TOWN OF LOS GATOS CONFLICT OF INTEREST CODE SUMMARIZED Ordinance of the Town of Los Gatos amending the list of employees designated to disclose financial interests pur- suant to the Los Gatos Conflict of Interest Code (Town Code %2.30.605 et seq.) to reflect the reorganization of the Parks and Public Works Department, resulting in the deletion of the posi- tions of Director of Parks, Forestry & Maintenance and Director of Building & Engineering Services, and the addition of the positions of Director of Parks and Public Works, Assistant Planning Director, Assistant Town Engineer/Information Systems Manager, Assistant Civil Engineer and Senior Building Inspector, and to add the position of Senior Librarian. (SUMMARIZED) 0.n October 5, 1998, the Town of Los Gatos intro- duced an ordinance amending the list of employees designated to disclose financial interests pursuant • to the Los Gatos Conflict of Interest Code (Town Code %2.30.605 et seq.). Attest:/s/Marian V. Cosgrove, Town Clerk (PUB: 10/14/98) PROOF OF PUBLICA..JN (2o1S.5 C.C.P.) State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer of the: Los Gatos Weekly -Times, 245 Almendro Avenue, Los Gatos, California, 95o3s, a newspaper of general circulation, printed every Wednesday in the City of San Jose, State of California, County of Santa Clara, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Santa Clara, State of California, Case Number 83631 dated May 27, 1952 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: tukztu)_1419.92. I certify (or declare) under penalty of perjury that the foregoing is true and correct. tijmitItzt,/. _ c13 at San Jose, California Kathy W ghtson Lim() AU_ Fits„g Stamp PROOF OF PUBLICATION TOWN OF LOS GATOS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Council of Los Gatos has scheduled a public hearing for Monday, October 5,1998, at 7:30 p.m. in the Council Chambers, Civic Center, 110 East Main Street, Los Gatos to con- sider introduction of an Ordinance Amending Town Conflict of Interest Code - Division 6 of Article III of Chapter 4. The proposed amendment is to update designated positions. /s/ Marian V. Cosgrove, Town Clerk (PUB:LG 9/23/98) ORDINANCE 2053 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I This ordinance is intended to reflect changes resulting from the creation of the Parks and Public Works Department and the establishment of new positions in that Department and in the Planning Department. It is also intended to designate an existing middle management position in the Town Library. This ordinance makes no change in the substance of the Conflict of Interest Code, but only clarifies the positions designated for purposes of disclosure. SECTION II Section 2.30.610 is amended to read as follows with regard to the Planning Department, Building and Engineering Services, and Library. Sec. 2.30.610. Designated employees. DESIGNATED POSITIONS DISCLOSURE CATEGORY PARKS AND PUBLIC WORKS DEPARTMENT Director of Parks and Public Works 1 through 13 Assistant Civil Engineer / Information Systems Manager 1 through 13 Associate Civil Engineer 1 through 13 Assistant Town Engineer 1 through 13 Plan Check Engineer 1 through 13 Senior Building Inspector 1 through 13 Chief Inspector 1 through 13 Maintenance Superintendent 1 through 13 Parks & Forestry Superintendent I through 13 Parks Maintenance Supervisor 1 through 13 Public Works Maintenance Supervisor 1 through 13 LIBRARY 1 DESIGNATED POSITIONS DISCLOSURE CATEGORY Library Director 1 through 13 Senior Librarian 1 through 13 PLANNING DEPARTMENT Planning Director 1 through 13 Assistant Planning Director 1 through 13 Senior Planner 1 through 13 Associate Planner 1 through 13 Assistant Planner 1 through 13 Planning Technician 1 through 13 Code Compliance Officer / Planning Technician 1 through 13 Senior Engineering Technician 1 through 13 SECTION III This ordinance was introduced at a regular meeting of the meeting of the Town Council of the Town of Los Gatos on October 5, 1998 and adopted by the following vote as an Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on October 19, 1998. This Ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Linda Lubeck MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2