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12 Staff Report - Amending Town Conflict of Interest CodeMEETING DATE: 10/21/02 ITEM NO. ON COUNCIL AGENDA REPORT DATE: October 8, 2002 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY Q �' SUBJECT: ADOPT ORDINANCE AMENDING IIIWN CONFLICT OF INTEREST OFCHAPTER 2) TO UPDATE CODE (DIVISION 4 OF ARTICLE POSITIONS RECOMMENDATION: 1. Adopt ordinance that was introduced at the Council meeting of October 7, 2002. 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 7, 2002, Council introduced Attachment 1, which amends the Town Conflict of Interest Code to update designated positions. Attachment: Proposed Ordinance PREPARED BY: ORRY P. KORB, TOWN ATTORNEY Reviewed by: Rev: 10/8/02 11:14 am Reformatted: 7/19/99 OPKLMB/wp[NAATYVdSA'S\ConllicOrdAdopt.TCR.wpd] Assistant Town Manager Community Development File# 301-05 SPECIFIED CONSULTANTS Those consultants defined as a "consultant" by the Fair 1 through 13. In addition, the Town Political Practices Commission and as determined by Manager may determine in writing the Town Manager 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. SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 2002 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 , 2002. 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 N:1ATY\Co n Nict.O RD. wpd Page 3 of 3 ORDINANCE 2106 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF INTEREST CODE (DIVISION 4 OF ARTICLE III OF CHAPTER 2) TO UPDATE DESIGNATED POSITIONS TH E TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I This ordinance is intended to reflect changes in certain job classifications for purposes of disclosure. This ordinance makes no change in the substance of the Conflict of Interest Code, but only clarifies the positions designated for purposes of financial disclosure. SECTION II Section 2.30.610 (Designated Employees) is amended to read as follows: DESIGNATED POSITIONS DISCLOSURE CATEGORY ADMINISTRATION Town Manager 1 through 13 Assistant Town Manager 1 through 13 Administrative Analyst 1 through 13 Town Clerk 1 through 13 Senior Deputy Clerk 1 through 13 Town Treasurer 1 through 13 Deputy Town Treasurer 1 through 13 Administrative Services and Finance Director 1 through 13 Accounting Manager 1 through 13 Human Resources Director 1 through 13 Management Information Systems Manager 1 through 13 COMMUNITY DEVELOPMENT Community Development Director 1 through 13 Assistant Community Development Director 1 through 13 Redevelopment Manager 1 through 13 Administrative Analyst 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 Building Inspector 1 through 13 COMMUNITY SERVICES Community Services Director 1 through 13 Volunteer Services Coordinator 1 through 13 Page 1 of 3 Senior Coordinator 1 through 13 Administrative Analyst 1 through 13 LIBRARY Library Director 1 through 13 Assistant Library Director 1 through 13 PARKS AND PUBLIC WORKS Director of Parks and Public Works 1 through 13 Superintendent 1 through 13 Traffic Engineer 1 through 13 Administrative Analyst 1 through 13 Assistant Civil Engineer 1 through 13 Associate Civil Engineer 1 through 13 Town Engineer 1 through 13 Senior Engineering Inspector 1 through 13 Senior Engineering Technician 1 through 13 Plan Check Engineer 1 through 13 POLICE DEPARTMENT Chief of Police 1 through 13 Police Captain 1 through 13 Records and Communications Manager 1 through 13 Administrative Analyst 1 through 13 Parking Coordinator 1 through 13 COMMISSIONERS, COMMITTEE AND BOARD MEMBERS Architectural Standards Committee 1 through 13 Arts Commission 1 through 13 Arts Selection Panel 1 through 13 Building Board of Appeals 1 through 13 Community Services Commission 1 through 13 Conceptual Development Advisory Commission 1 through 13 Development Review Committee 1 through 13 General Plan Committee 1 through 13 Historic Preservation Committee 1 through 13 KCAT Board of Directors 1 through 13 Library Board 1 through 13 Parks Commission 1 through 13 Planning Commission 1 through 13 Personnel Board 1, 4 through 8, 10 through 13 Rent Advisory Committee 1 through 13 Page 2 of 3 Transportation & Parking Commission 1 through 13 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. 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. SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on September 7, 2002 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 September 21, 2002. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Randy Attaway 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 Page 3 of 3 Town Council Minutes October 21, 2002 Redevelopment Agency Los Gatos, California UNIVERSITY AVE 50/THE WINE CELLAR RESTAURANT/RESOLUTION 2002-165 (10.15) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-165 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO INCREASE THE HOURS OF OPERATION FOR AN EXISTING RESTAURANT ON PROPERTY ZONED C-1:LHP:PD. Carried unanimously. FIRE PREVENTION & PROTECTION/TOWN CODE CHAPTER 9/ORDINANCE 2105 (11.37) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Ordinance 2105 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING A NEW CHAPTER 9 OF THE TOWN CODE REGARDING FIRE PREVENTION AND PROTECTION (INCLUDES PROVISIONS FROM THE UNIFORM FIRE CODE 2000 AND 2001 EDITION), which was introduced on October 7, 2002. Carried unanimously. TOWN CONFLICT OF INTEREST CODE/CHAPTER 20/DIVISION 4/ORDINANCE 2106 (12.01) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Ordinance 2106 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CONFLICT OF INTEREST CODE (DIVISION 4 OF ARTICLE III OF CHAPTER 2) TO UPDATE DESIGNATED POSITIONS, which was introduced October 7, 2002. Carried unanimously. DOWNTOWN STREET BEAUTIFICATION IMPROVEMENTS/PROJECT 0233 BFK ENGINEERS/DESIGN AGREEMENT/RESOLUTION 2002-166 & 2002-27RD (13.24) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-166 & 2002-27RD entitled, RESOLUTION OF THE TOWN COUNCIL/REDEVELOPMENT AGENCY OF THE TOWN OF LOS GATOS APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH BKF ENGINEERS IN CONNECTION WITH THE DESIGN OF THE DOWNTOWN STREET BEAUTIFICATION AND IMPROVEMENT PROJECT 0233. Carried unanimously. VERBAL COMMUNICATIONS (XX.28) Telephone Pole Removal on Wedgewood: Carla Dougher spoke of the telephone utility pole problem in her neighborhood. She noted the 30 to 60 day request which has not been responded to and then spoke of the October 11 t'' deadline which also has not been adhered to. Town Manager, Mrs. Figone, will see that PG&E and PacBell are contacted again and will ask that they contact Ms Dougher themselves about the resolution of this situation. Ray Davis supported Ms Dougher's position and requested immediate assistance regarding the issue. N:\CLK\Council Minutes\2002\M I0-21-02.wpd 3 PROOF OF PUBLIC ION (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 i8 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: ?�. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: - --- --- at San Jose, California K UhiL3kalck, Kathy Wrightson Gov e - 01 z(A { F ,g Stamp PROOF OF PUBLICATION ORDINANCE 2106 ORDINANCE OF THE TOWN DIOF LOS ON OTOS AMENDIItN OF CHAPTER 2)G TOWN FLICT OF INTEREST CODE TO UPTHETOWNOF LOSATE TED POSITIONS THE TOWN COUNCIL OF GATOS DOES ORDAIN AS FOLLOWS: SECTION Iclassifications ortdi arnce makes no change in the substance of the Confli ct b of Interest Code but only clarifies the positions designated for purposes of financial disclosure. SECTION II Section 2.30.610 (Designated Employees) is amended to read as follows: DISCLOSURE CATEGORY DESIGNATED POSITIONS Administration Town Manager Assistant Town Manager Administrative Analyst Town Clerk Senior Deputy Clerk Town Treasurer Deputy Town Treasurer Administrative Services and Finance Director Accounting Manager Human Resources Director Management Information Systems Manage Community development Community Development Director Assistant Community Development Director Redevelopment Manager Administrative Analyst Senior Planner Associate Planner Assistant Planner Planning Technician Code Compliance Officer ! Planning Technician Senior Building Inspector Community services Community Services Director Volunteer Services Coordinator Senior Coordinator Administrative Analyst Library Library Director Assistant Library Director Specified Consultants Those consultants defined as a "consultant" by the Fair Political Practices Commission and as determine d by the Town Manager in writing .1 through 13. In addition, the Town Manager may determine in writing that uired ta fully co consultant is ply with these disclosure to form rrequirements. e Such writtenuties that slimited in scope determinaton shalt and a descthus is not ription of fully comply of the consultant's duties and based upon that description, a statement of the extent of disclosure require- ments. The Manager's determination is a public record and shall be available for inspection. This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on October SECTION III 7, 2002 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 21, 2002. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS AYES: Steve Blanton, Sandy Decker. Steve Glickman, Joe Pirznski, Mayor Randy Attaway. NAYS: None. ABSENT: None. ABSTAIN: None. /s/ Randy Attaway, Mayor. ATTEST: /s/ Madan V. Cosgrove. (PUB: LG 10/30/02) 1 through 13 1 through 13 lthrough 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 1 through 13 1 through 13 1 through 13 lthrough 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 DESIGNATED POSn10NS Parks and Public Works Director of Parks and Public Works Superintendent Traffic Engineer Administrative Analyst Assistant Civil Engineer Associate Civil Engineer Town Engineer • Senior Engineering Inspector Senior Engineering Technician Plan Check Engineer Police Department Chief of Police Police Captain Records and Communications Manager Administrative Analyst Parking Coordinator oar commtstmers—cummturra lc ttectura tan ar rm, ee Arts Commission Arts Selection Panel Building Board or Appeals Community Services Commission Conceptual Development Advisory Commission Development Review Committee General Plan Committee Historic Preservation Committee KCAT Board of DireCtors Library Board Parks Commission Planning Commission Personnel Board Rent Advisory Committee Transportation B Parking Commission DISCLOSURE CATEGORY 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 lthrough 13 1 through 13 1 through 13 1 through 13 1 through 13 t through 13 1 through 13 1 through 13 1 through 13 ern er ough 13 1 through 13 t through 13 1 through 13 lthrough 13 1 thmugh 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 3, 4 through 13,10 through 13 1 through 13 1 through 13 Transportation & Parking Commission 1 through 13 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. 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. SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on Sepia eery 7, 2002 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 S - • er 21, 2002. This ordinance afAr11: ' ---nA takes effect 30 days after it is adopted. COUNCIL MEMBERS AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Randy Attaway 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 Page 3 of 3