21 Staff Report - Amending Town Conflict of InterestMEETING DATE: 10/5/98
ITEM NO.
COUNCIL AGENDA REPORT
DATE: September 16, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, ESQ. TOWN ATTORNEY®f
SUBJECT: CONSIDER INTRODUCTION OF ORDINANCE AMENDING TOWN CONFLICT OF
INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE
DESIGNATED POSITIONS
RECOMMENDATION:
1. Direct Clerk to read the title of the proposed ordinance.
2. Waive further reading of the ordinance.
3. Introduce the ordinance.
DISCUSSION:
Government Code § 87306.5 requires the Town to review its Conflict of Interest Code every two years in order to ensure
that the Code reflects current Town positions that should be required to disclose economic interests.
The Town last updated its Conflict of Interest Code by Ordinance No. 2009 in 1996, to reflect changes in certain
Planning Department classifications. A number of changes have occurred since that time. They include the elimination
of the positions of Director of Parks, Forestry & Maintenance and Director of Building & Engineering Services, and the
creation 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.
Approval of the ordinance would amend the Conflict of Interest Code to reflect these changes. The ordinance would
also designate the existing position of Senior Librarian for purposes of disclosure.
FISCAL IMPACT
None
Attachments: Proposed ordinance
OPK: LMB/wp IN:uTrcoxFLaCT.TCR]
PREPARED BY: ORRY P. KORB, ESQ., TOWN ATTORNEY
Reviewed by: StA.V,ManagerN4 Finance Revised: 9/16/98 2:07 pm
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 postion 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
BUILDING AND ENGINEERING
DEPARTMENT
PARKS AND PUBLIC WORKS
DEPARTMENT
1 through 13
Director of Building and Engineering
on vices Parks and Public Works
Assistant Civil Engineer/ Information
Systems Manager
1 through 13
1
DESIGNATED POSITIONS
DISCLOSURE CATEGORY
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
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
2
DESIGNATED POSITIONS
DISCLOSURE CATEGORY
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 introduce 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 of the Town of Los Gatos on . This ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\ATYICONFLICT.ORD
3
Town Council Minutes October 5, 1998
Redevelopment Agency Los Gatos, California
HEARINGS
EDELEN AVENUE PERMIT PARKING DISTRICT CONT.
Speakers Continued:
Lisle Cohen, 250 University Ave, speaking as a resident expressed her appreciation for the 24
hour parking district and noted the ease of parking for herself and guests. She asked that it not
be changed.
Phil Rhodes, 230 University Ave, appreciates the 24 hour parking for the residents.
Gayle, works at 314 University hair salon, and asked that businesses located on University be
given some consideration.
Dorothy Shaddock, 116 Town Terrace, noted that guest passes were available to the residents
of the district and there should be some reminders of that accommodation.
No one else from the audience addressed this issue.
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to have staff prepare a resolution which
allows businesses located in a preferential parking district to participate in that district. This
item will return to Council on October 19, 1998. Carried unanimously.
CONFLICT OF INTEREST CODE AMENDMENTS/PUBLIC HEARING (21.01)
Mayor Lubeck stated that this was the time and place duly noted to consider introduction of an
ordinance amending Town Conflict of Interest Code.
The Town Clerk read the Proposed Ordinance.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to waive the reading of the Proposed
Ordinance. Carried unanimously.
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Proposed Ordinance
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.
FENCING IN NON-RESIDENTIAL ZONES (22.47)
Mayor Lubeck stated that this was the time and place duly noted to consider directing staff to
draft a Town Code Amendment amending Article V, Section 29.50.035, "Fencing in non-
residential zones", to allow fences or walls higher than three (3) feet in non-residential zones.
The following person addressed this issue:
Elizabeth Trevithick, 55 Church Street # 1203, representing First Church of Christ, Scientist,
asked that a determination be made on the permissible height of fencing for the church.
No one else from the audience addressed this issue.
Council Consensus to send this item back to staff to address the problem further and identify
an appropriate solution.
TC: D10: MM100598
8