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29 Staff Report - Accuracy Report and Amending Conflict of Interest Code!J TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: September 29, 1994 TO: MAYOR AND TOWN COUNCIL FROM: LARRY E. ANDERSON, TOWN ATTORNEY SUBJECT: COUNCIL AGENDA DATE: 10/3/94 ITEM NO. (1) ACCEPT REPORT ON ACCURACY AND CURRENCY OF TOWN CONFLICT OF INTEREST CODE PURSUANT TO POLITICAL REFORM ACT (2) INTRODUCE ORDINANCE AMENDING SECTION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE RECOMMENDATION: (1) Accept report on accuracy and currency of the Town Conflict of Interest Code pursuant to the Political Reform Act (2) (a) Instruct the Clerk to read the title (b) Waive further reading of the ordinance (c) Introduce ordinance amending Section 2.30.610 of the Town Conflict of Interest Code anddirect Clerk to publish a summary of the proposed ordinance at least 5 days before its proposed adoption. BACKGROUND: The State Political Reform Act requires the Town to review its Conflict of Interest Code at least once every 2 years. Staff has reviewed the positions designated in the current Conflict of Interest Code. New positions have been recently created that should be included in the Code, administrative policies have changed that cause additional positions to be subject to the Code, and some positions have been eliminated in Staff restructuring. In addition, the disclosure categories regarding business positions and real estate holdings should apply to almost every designated position. PREPARED BY: LARRY E. ANDERSON Town Attorney LEA:yfg Revised: 9/29/94 10:09 am N:\ATY\CONFLCT2.TCR ATTACHMENTS: Ordinance DISTRIBUTION: Regular Distribution Reviewed by: t,,.SY-Manager Clerk ance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: (1) ACCEPT REPORT ON ACCURACY AND CURRENCY OF TOWN CONFLICT OF INTEREST CODE PURSUANT TO POLITICAL REFORM ACT; and (2) INTRODUCE ORDINANCE AMENDING SECTION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE DATE September 27, 1994 An amendment to the Code that would address these concerns is proposed for introduction. The additional positions to be subject to the Code are: Parks Maintenance Supervisor Public Works Maintenance Supervisor Senior Engineering Technician Code Compliance Officer Police Captains Police Records & Communications Manager General Plan Committee Members Positions that have been eliminated: Information Systems Manager Planning Associate Civil Engineer All positions, except the Personnel Board, would be required to disclose all 13 categories. This would mean that in addition to disclosures required in the past, positions would have to disclose business positions and honoraria. Personnel Board Members would not report real estate interests. In addition, certain positions are designated by State law and have statutory reporting requirements that use Form 721. Those are: Town Council Town Treasurer Town Manager Town Attorney Planning Commissioners These Form 721 officers are not subject to the Town Conflict of Interest Code, but instead the full requirements of the State Political Reform Act. Therefore, they have been deleted from the designated officers list. Finally, the Town is to specify public officials in addition to these officers who "manage public investments" to provide the same Form 721 disclosure. There are no such additional officers in the current Town organization. In all other respects, the Town Conflict of Interest Code appears to conform to State statutory requirements of appropriately incorporating the State regulation and specifying disclosure categories. ENVIRONMENTAL ASSESSMENTS: This is not a project under CEQA. FISCAL IMPACT: No fiscal impact. 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 Administration Assistant Town Manager Town Clerk Senior Deputy Clerk Deputy Town Treasurer Director of Finance Personnel Manager DISCLOSURE CATEGORY 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 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 Community Services Community Services Director Library Library Director Parks, Forestry & Maintenance Director of Parks, Forestry & Maintenance Maintenance Superintendent Parks & Forestry Superintendent Parks Maintenance Supervisor Public Works Maintenance Supervisor Planning Department Planning Director Senior Planner Planner I/II Senior Engineering Technician Code Compliance Officer DISCLOSURE CATEGORY 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 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 , 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: 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 3, 1994 Los Gatos, California FORBES MILL FOOTBRIDGE CONT. Carol Ann Weber, Chair of the Trails and Bikeways Committee, addressed the idea of the mural and the concept of community support for it. She suggested that a letter be written asking if the Arts Committee would be willing to help with the project. CONFLICT OF INTEREST CODE/POLITICAL REFORM ACT/ORDINANCE INTRO (29.18) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report on accuracy and currency of Town Conflict of Interest Code pursuant to Political Reform Act. Carried by a vote of 4 ayes. Mr. Blanton was absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Blanton was absent. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 2.30.610 OF THE TOWN CONFLICT OF INTEREST CODE. Carried by a vote of 4 ayes. Mr. Blanton was absent. GRADING ORDINANCE AMENDMENT/STORM WATER POLLUTION CONTROL (30.37) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Blanton was absent. Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE GRADING ORDINANCE (CHAPTER 12) AND THE STORM WATER POLLUTION CONTROL CODE (ARTICLE III OF CHAPTER 22) TO EXPLICITLY PROVIDE FOR ADMINISTRATIVE AND ENFORCEMENT INSPECTIONS. Carried by a vote of 4 ayes. Mr. Blanton was absent. BUSINESS LICENSES/BUSINESS REGULATIONS/LICENSE TAXES (31.05) Consensus of Council to continue this item to October 17, 1994 for further report regarding the fee structure and time for discussions with contractors. COUNCIL COMMITTEE REPORTS/HIGHWAY 85/CELEBRATION/GRAND OPENING (32.40) Linda Lubeck reported on the progress of plans for the Freeway Party to be held on October 15, 1994. She is now looking for participants in the dunk tank event. ADJOURNMENT Motion by Mrs. Benjamin, seconded by Mr. O'Laughlin, that this evening's meeting be adjourned at 9:43 p.m. Carried unanimously. TC:D6:MM100394 ATTEST: Marian V. Cosgrove, Town Clerk 8 - PROOF OF PUBLICATION (2015.5 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, 95031, 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: February 14, all in the year 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: February 14, 1996 at San Jose, California Denise Laguna Ft_.., Stamp PROOF OF PUBLICATION ORDINANCE 2009 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN'S CONFLICT OF INTEREST CODE (DI- VISION 4 OF ARTICLE III OF CHAPTER 2) TO UP- DATE PLANNING DE- PARTMENT CLASSIFI- CATIONS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Conflict of Interest Code needs to be amended in order to update its provisions with regard to two Planning Department po- sitions that have been reclassified. This ordi- nance makes no change in the substance of the Conflict of Interest Code. but only renames the two classifications involved. SECTION II Section 2.30.610 is amended to read as fol- lows with regard to PLAN- NING DEPARTMENT: Sec. 2.30.610. Designated employees. PLANNING DEPARTMENT Planning Director 1 through 13 Senior Planner 1 through 13 Associate Planner 1 through 13 Assistant Planner 1 through 13 Senior Engineering Technician 1 through 13 Code Compliance Officer 1 through 13 SECTION III This ordinance was intro- duced at a regular meet- ing of the Town Council of the Town of Los Gatos on January 16, 1996 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 February 5, 1996. This ordinance takes effect 30 days af- ter it is adopted. COUNCIL MEMBERS: AYES: Joanne Benjaim, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, Mayor Randy Attawa. NAYS: None. ABSENT: None. ABSTAIN: None. SIGNED: /s/ Randy Attaway/ Mayor ATTEST: /s/ Marian V. Cosgrove/ Town Clerk (Pub LG 2/14/96)