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13 Staff Report - Amending Town Conflict of Interest CodeCOUNCIL AGENDA DATE: 10/17/94 ITEM NO. TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: OCTOBER 4, 1994 TO: MAYOR AND TOWN COUNCIL FROM: LARRY E. ANDERSON, TOWN ATTORNE ORDINANCE AMENDING SECT N SUBJECT: ADOPT 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE RECOMMENDATION: 1. Adopt the attached ordinance which was introduced at the Town Council meeting of October 3, 1994. A summary of the ordinance was published in the Los Gatos Weekly Times on October 12, 1994. 2. Instruct the Clerk to publish a summary of the ordinance no more than 15 days after adoption. PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY LEA :YFG I0/4/94 2:48 PM C:\WPFILES\CNCLRPfS\CON FLCT2 .TCR Attachments: Ordinance Reviewed by: L Manager Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: ORDINANCE ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING SECTION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE The Town Council of the Town of Los Gatos does hereby ordain: SECTION I Section 2.30.610 of the Town Code is amended to read as follows: Sec. 2.30.610. Designated Employees. This section shall constitute the appendix referred to in section 2 of the standardized conflict of interest code. The Council hereby finds that the officers and employees holding the following designated positions make, or participate in the making of decisions which may reasonably have a material effect on financial interests, and are therefore designated employees of the Town of Los Gatos and required to make financial disclosures as specified. DESIGNATED POSITIONS DISCLOSURE CATEGORY Administration Assistant Town Manager 1 through 13 Town Clerk 1 through 13 Senior Deputy Clerk 1 through 13 Deputy Town Treasurer 1 through 13 Director of Finance 1 through 13 Personnel Manager 1 through 13 Building and Engineering Department Director of Building & Engineering 1 through 13 Services Associate Civil Engineer 1 through 13 Plan Check Engineer 1 through 13 Chief Inspector 1 through 13 DESIGNATED POSITIONS DISCLOSURE CATEGORY Community Services Community Services Director 1 through 13 Library Library Director 1 through 13 Parks, Forestry & Maintenance Director of Parks, Forestry & 1 through 13 Maintenance Maintenance Superintendent 1 through 13 Parks & Forestry Superintendent 1 through 13 Parks Maintenance Supervisor 1 through 13 Public Works Maintenance Supervisor 1 through 13 Planning Department Planning Director 1 through 13 Senior Planner 1 through 13 Planner I/II 1 through 13 Senior Engineering Technician 1 through 13 Code Compliance Officer 1 through 13 Police Department Chief of Police 1 through 13 Captain 1 through 13 Records & Communications Manager 1 through 13 2 DESIGNATED POSITIONS DISCLOSURE CATEGORY Commissioners, Committee and Board Members Arts Commission Board of Appeals Community Services Commission Development Review Committee General Plan Committee Historic Preservation Committee Library Board Park Commission Parking Commission Personnel Board Rent Advisory Committee Trails and Bikeways Committee SPECIFIED CONSULTANTS Those consultants defined as a "consultant" by the Fair Political Practices Commission and as determined by the Town Manager in writing 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1, 4 through 8, & 10 through 13 1 through 13 1 through 13 1 through 13. In addition, the Town Manager may determine in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with these disclosure requirements. Such written determination shall include a description of the consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The Manager's determination is a public record and shall be available for inspection. 3 SECTION II The State Political Reform Act requires the Town officers and employees holding the following positions to make financial disclosures as specified in State law, and therefore, the Town Conflict of Interest Code cannot vary those requirements and the positions are not be designated in this Conflict of Interest Code: Town Council Town Treasurer Town Manager Town Attorney Planning Commissioners SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1994 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 adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: , 1994. This ordinance takes effect 30 days after it is SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:®ATY®CONFLICT.ORD 4 October 17, 1994 Los Gatos, California NATIONAL AVE 15400/TRAFFIC IMPACT/MITIGATION FEES (08.40) Luke Stamis, 6118 Oak Forest Way, San Jose, Planning Consultant with Ruth & Going, representing Barry Swenson, asked for a continuance so as to have time to review the new traffic mitigation fees. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council continue this item to November 7, 1994. Carried unanimously. FEDERAL MANDATE ACCOUNTABILITY AND REFORM ACT NATIONAL UNFUNDED MANDATE WEEK/OCTOBER 24-30 (09.17) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize the Mayor to sign letters to our congressional delegation requesting relief from future unfunded federal mandates and proclaim the week of October 24-30, 1994 as National Unfunded Mandates Week. Carried unanimously. 9321 PROJECT/ENERGY CONSERVATION MODIFICATIONS/RESOLUTION 1994-147 (10.44) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council award contract to General Lighting Service with the lowest responsible bid of $118,439.08, and establishing a contingency of ±20%. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-147 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GENERAL LIGHTING SERVICE FOR PROJECT 9321 ENERGY CONSERVATION MODIFICATIONS. Carried unanimously. BUSINESS LICENSES/BUSINESS REGULATIONS/LICENSE TAXES (11.05) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council continue this item to November 7, 1994 for further information regarding the fee structure and additional time for discussions with contractors. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM/CBDG FUNDS RESOLUTION 1994-148 (12.06) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1994-148 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS TO PARTICIPATE IN THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1994-95. Carried unanimously. CONFLICT OF INTEREST CODE/ORDINANCE 1989 (13.18) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1989 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE, which was introduced at the Town Council meeting of October 3, 1994. Carried unanimously. TC:D6:MM101794 2