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37 Staff Report - Amending Conflict of Interestq COUNCIL AGENDA DATE: 12/7/92 ITEM NO. TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: November 23, 1992 TO: MAYOR AND TOWN COUNC FROM: TOWN MANAGER 7 SUBJECT: INTRODUCE ORDINANCE AMENDING DIVISION 4, SECTION 2.30.610 RELATING TO CONFLICT OF INTEREST CODE RECOMMENDATION: 1. Waive the reading. 2. Request the Clerk to read the title. 3. Introduce ordinance amending Division 4, Section 2.30.610 relating to Conflict of Interest Code. BACKGROUND: The Downtown Los Gatos Business Improvement District (BID) Board of Directors was inadvertently left out of the Conflict of Interest Code. The proposed amendment includes the Board on the list of Commissions/Committees/Boards. DISCUSSION: The Downtown Los Gatos BID Board of Directors is an official advisory committee to the Town Council. The Board of Directors presents for Council approval a recommended annual budget and program of activities. The Board of Directors also recommends the assessment for the businesses located within the designated business improvement area. Finally, the Board of Directors reports to the Town Council on revenues, expenditures, and activities. The Town Council must approve this report. For 1992, the BID Board of Directors received and will expend approximately $117,000. These funds are spent in compliance with the Council approved program of activities and budget. Specific expenditure decisions are made by the BID Board of Directors. Given this level of responsibility and the fact that the Board of Directors is an official advisory committee to the Town Council, staff is recommending that they be incorporated into the Town's Conflict of Interest Code. The staff has also contacted the State Fair Political Practices Commission. Commission staff agree that the Town's Conflict of Interest Code should include the BID Board of Directors. PREPARED BY: MARK LINDBR,'Assistant Town Manager ML:pm 12/3/92 11:08 am MGR056 A:\CNCLRPTS\12-7-2 Attachment: Ordinance amending Division 4, Section 2.30.610 relating to Conflict of Interest Code. Distribution: Joe Hargett, Chairman - Downtown Los Gatos Business Improvement District - 59 N. Santa Cruz Avenue, Los Gatos CA 950 Reviewed by: Attorney Clerk f ft ance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: INTRODUCE ORDINANCE AMENDING DIVISION 4, SECTION 2.30.610 RELATING TO CONFLICT OF INTEREST CODE November 23, 1992 ENVIRONMENTAL ASSESSMENT: The addition of the BID Board of Directors to the Town's Conflict of Interest Code is not a project subject to CEQA. FISCAL IMPACT: The addition of the BID Board of Directors to the Town's Conflict of Interest Code will not have an impact on the Town's budget. This addition will assure the Town Council and the public that the funds being expended to carry out the Council approved downtown improvement program will be done in accordance with the Town's Conflict of Interest Code. ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 4, SECTION 2.30.6010 RELATING TO CONFLICT OF INTEREST CODE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Section 2.30.610 of the Conflict of Interest Code is amended to read: 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 foreseeably have a material effect on financial interests, and are therefore designated employees of the Town of Los Gatos and are required to make financial disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORY ADMINISTRATION Town Council Town Manager Assistant Town Manager Town Attorney Town Clerk Senior Deputy Clerk Town Treasurer Deputy Town Treasurer Finance Manager Accounting/Auditing Personnel Manager Information Systems Manager BUILDING & ENGINEERING DEPARTMENT Director of Building and Engineering Services Associate Civil Engineer Plan Check Engineer Chief Inspector 1 through 12 1 through 12 1 through 8 & 10 through 13 1 through 12 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 12 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1, 4 through 8 & 10 through 13 1, 4 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 PLANNING DEPARTMENT Planning Director Senior Planner Associate Civil Engineer Planner I/II COMMUNITY SERVICES Community Services Director TOWN LIBRARY Library Director POLICE DEPARTMENT Chief of Police PARKS, FORESTRY & MAINTENANCE Director of Parks Forestry and Maintenance Maintenance Superintendent Parks & Forestry Superintendent 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 1 through 8 & 1 through 8 & COMMISSIONERS, COMMITTEE AND BOARD MEMBERS Arts Commission 1 through 8 & Board of Appeals 1 through 8 & Bu:srness;Imprtvement District Board of Dâ–º rectors' 1 through,;84 Community Services Commission 1 through 8 & Development Review Committee 1 through 8 & Historic Preservation Committee 1 through 8 & Library Board 1 through 8 & Park Commission 1 through 8 & Parking Commission 1 through 8 & Personnel Board 1, 4 through 8 Planning Commission 1 through 12 Rent Advisory Committee 1 through 8 & Trails Committee 1 through 8 & SPECIFIED CONSULTANTS Those consultants likely to participate in the making of a governmental decision as determined by the Town Manager in writing. SECTION II 10 through 13 10 through 13 10 through 13 10 through 13 10 through 13 10 through 13: 10 through 13 10 through 13 10 through 13 10 through 13 10 through 13 10 through 13 & 10 through 13 10 through 13 10 through 13 1 through 8 & 10 through 13 This ordinance takes effect 30 days after it is adopted. Within 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. 2 This ordinance was introduced at a meeting of the Town Council of the Town of Los Gatos on , 199_ and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 199_ 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 3 December 7, 1992 Los Gatos, California BUSINESS LICENSES & REGULATIONS/TOWN CODE AMENDMENTS (35.05) Motion by Mr. Blanton, seconded by Mr. Attaway, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING BUSINESS LICENSE FEES. Carried unanimously. PLANNING COMMISSION/SIZE/TERMS OF OFFICE/APPOINTMENTS (36.20) Mayor Benjamin stated that this was the time and place duly noted to consider introduction of ordinance amending section 20.20.015 of the Town Code setting the composition, appointment, and terms of office for members of the Planning Commission. Discussion revolved around setting the membership at five or seven; the possibility of drawing lots for the seats; inquiring of the commission as to any who may be anticipating resigning; reducing the Commission to seven but allowing it to remain at eight until the time of next resignation; allow the Commission to reduce itself by attrition and not make appointments until such time as it reaches seven, this concept to be accomplished by a consensus vote of Council that seven will be the appropriate number to adopt when it can be accomplished in an agreeable manner. Town Attorney pointed out that the Council has no obligation to fill a vacancy on a commission and that resolution could be made by Council to establish a seven member board at such time as attrition in the current commission takes place. Consensus of Council to return this item for further consideration at the January 4, 1992 meeting. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council will conceptually establish the Planning Commission at seven members and request staff to inquire of the present members if there are any who may be planning on resigning in the near future. Carried unanimously. CONFLICT OF INTEREST CODE/BUSINESS IMPROVEMENT DISTRICT ADDED (37.18) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 4. SECTION 2.30.6010 RELATING TO CONFLICT OF INTEREST CODE. Carried unanimously. HEALTH OFFICER'S DECISIONS/TOWN CODE AMENDMENT (38.46) Motion by Mr. Blanton, seconded by Mrs. Lubeck, to waive the reading of the Draft Ordinance. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS DELETING CODE OF THE TOWN OF LOS GATOS SECTION 22.20.050, APPEAL OF THE HEALTH OFFICER. Carried unanimously. TC: D4: MM 120792 12 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California County of Santa Clara 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 non-parell), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: OCTOBER 28, all in the year of 1992 certify (or delclare) under penalty of perjury that the foregoing is true and correct. Date at Los Gatos, California, this October 28, 1992 Filing Stamp PROOF OF PUBLICATION ORDINANCE 1916 SUMMARY OF AMENDMENTS TO TOWN CONFLICT OF INTEREST CODE. On October 5,1992, the Town Coun- cil introduced an ordinance amend- ingtheTown of Los Gatos conflict of interest code to include certain des- ignated officers, employees, boards, commissions and committees posi- tions who make, or participate in the making of decisions which may fore- seeable have a material effect on financial interests in theTown of Los Gatos. Passed and adopted October 19, 1992 by the following vote. AYES:Randy Attaway, Joanne Ben- jamin, Steven Blanton, Brent N. Ven- tura, Mayor Eric D. Carlson. NAYS:None. ABSENT:None. ABSTAIN:None. /s/ ERIC D. CARLSON, Mayor of the Town of Los Gatos /s/ MARIAN V. COSGROVE, Clerk of the Town of Los Gatos PUB:10/28/92 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 non-parell), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: OCTOBER 14, all in the year of 1992 certify (or delclare) under penalty of perjury that the foregoing is true and correct. Date at Los Gatos, California, this OCTOBER 141992 Filing Stamp PROOF OF PUBLICATION SUMMARY OFAMENDMENTSTO TOWN CONFLICT OF INTEREST CODE. On October 5,1992, the Town Coun- cil introduced an ordinance amend- ing the Town of Los Gatos conflict of interest code to include certain des- ignated officers, employees, boards, commissions and committees posi- tions who make, or participate in the making of decisions which may fore- seeable have a material effect on financial interests in theTown of Los Gatos. /s/ MARIAN V. COSGROVE, Clerk of the Town of Los Gatos PUB:10/14/92 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 non-parell), has been published in each regular and entire issue of said Newspaper and not in any supplement thereof on the following dates, to wit: December 23, all in the year of 1992 I certify (or delclare) under penalty of perjury that the foregoing is true and correct. Date at Los Gatos, California, this December 23, 1992 Filing Stamp PROOF OF PUBLICATION SUMMARY OF AN AMENDMENT TO DIVISION A, SECTION 2.30.610 RELATING TO CON- FLICT OF INTEREST CODE On December 7, 1992, the Town Council introduced an ordinance amending Division 4, Section 2.30.610byadding atthe Board of Directors of the Business Improve- ment District to the list of Commis- sioners, Committee and Board Members subject to the Conflict of Interest Code. PUB 12/23/92 ORDINANCE 1916 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 4, SECTION 2.30.605 THROUGH 2.30.620 RELATING TO CONFLICT OF INTEREST CODE The Town Council of the Town of Los Gatos does hereby ordain: SECTION I Section 2.30.605 of the Conflict of Interest Code is amended to read: Sec. 2.30.605. Adoption of standardized code. Government Code section 87300 requires local agencies to adopt a conflict of interest code. The State Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations 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 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 Code of Regulations 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, which is considered the "agency" within the purview of this code. SECTION II Section 2.30.610 of the Conflict of Interest Code is amended to read: 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 foreseeably have a material effect on financial interests, and are therefore designated employees of the Town of Los Gatos and are required to make financial disclosure. DESIGNATED POSITIONS DISCLOSURE CATEGORY ADMINISTRATION Town Council 1 through 12 Town Manager 1 through 12 Assistant Town Manager 1 through 8 & 10 through 13 Town Attorney 1 through 12 Town Clerk 1 through 8 & 10 through 13 Senior Deputy Clerk 1 through 8 & 10 through 13 Town Treasurer 1 through 12 Deputy Town Treasurer 1 through 8 & 10 through 13 Finance Manager Accounting/Auditing 1 through 8 & 10 through 13 Personnel Manager 1, 4 through 8 & 10 through 13 Information Systems Manager 1, 4 through 8 & 10 through 13 BUILDING & ENGINEERING DEPARTMENT Director of Building and Engineering Services Associate Civil Engineer Plan Check Engineer Chief Inspector PLANNING DEPARTMENT Planning Director Senior Planner Associate Civil Engineer Planner I/II COMMUNITY SERVICES Community Services Director TOWN LIBRARY Library Director POLICE DEPARTMENT Chief of Police PARKS, FORESTRY & MAINTENANCE Director of Parks Forestry and Maintenance Maintenance Superintendent Parks & Forestry Superintendent 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 2 (-N\ COMMISSIONERS, COMMITTEE AND BOARD MEMBERS Arts Commission Board of Appeals Community Services Commission Development Review Committee Historic Preservation Committee Library Board Park Commission Parking Commission Personnel Board Planning Commission Rent Advisory Committee Trails Committee SPECIFIED CONSULTANTS Those consultants likely to participate in the making of a governmental decision as determined by the Town Manager in writing. 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1, 4 through 8 & 10 through 13 1 through 12 1 through 8 & 10 through 13 1 through 8 & 10 through 13 1 through 8 & 10 through 13 SECTION III Section 2.30.615 of the Conflict of Interest Code is amended to read: Sec. 2.30.615. Disclosure categories. This section shall constitute the appendix referred to in section 3 of the standardized conflict of interest code in which disclosure categories are set forth. General Provisions When a designated employee is required to disclose investments and sources of income, he or she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he or she need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. 3 Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Section 2.30.610. Disclosure Categories: Category 1: Investments (which are not held through a business entity or trust) Category 2: Interests in Real Property (which are not held through a business entity or trust) Category 3: Interests in Real Property Held by a Business Entity or Trust Category 4: Investments held by a Business Entity or Trust Category 5: Income (other than loans, gifts and honoraria) Category 6: Income (travel payments, advances, reimbursements) Category 7: Income -- Loans (received or outstanding during the reporting period) Category 8: Income -- Gifts Category 9: Income -- Honoraria Category 10: Commission Income Received by Brokers, Agents and Salespersons Category 11: Income and Loans to Business Entities or Trusts Category 12: Income from Rental Property Category 13: Business Positions 4 SECTION IV Section 2.30.620 of the Conflict of Interest Code is amended to read: Sec. 2.30.620. Filing of Statements Designated employees shall file statements of economic interests with the Town Clerk who shall be and perform the duties of filing officer for the Town of Los Gatos. Employees, Board and/or Commission Members, who serve in more than one capacity, shall be required to file only one statement of economic interest, as required by law. SECTION V This Ordinance takes effect 30 days after the date it is adopted. Within 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 October 5, 1992, 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, 1992. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Eric D. Carlson MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA AI EST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TC:Dfppc:ORD1916 5