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20 Staff Report - Amending Town Conflict of Interest CodeMEETING DATE: 11 /20/00 ITEM NO. COUNCIL AGENDA REPORT DATE: November 10, 2000 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEYO le 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. 2053 in 1998, to reflect the creation of the Parks and Public Works Department, the establishment of new positions in that Department, the Planning Department, and the designation of an existing middle management position in the Town Library. A number of changes have occurred since the last review. They include the renaming of the Planning Department to the Department of Community Development, and the renaming of several management positions. Approval of the attached ordinance would amend the Conflict of Interest Code to reflect the changes. Attachments: Proposed ordinance PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp(N:ATY\CONFLIC TCR] Reviewed by: Manager Revised: 11/10/00 11:08 am 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 reorganization of the Planning Department, Administration , Parks & Public Works, and the title changes associated with the reorganization of those departments. 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: 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 Town Manager 1 through 13 Assistant Town Manager I through 13 Administrative Analyst 1 through 13 Tim n Clerk 1 through 13 1 DESIGNATED POSITIONS DISCLOSURE CATEGORY Senior Deputy Clerk 1 through 13 Town Treasurer 1 through 13 Deputy Town Treasurer 1 through 13 Di. caw. of Finance Director I through 13 I\,tsvnael Ma.lagc. Human Resources Manager I through 13 Management Information Systems Manager 1 through 13 NT PLANNINGDEr RTMF COMMUNITY DEVELOPMENT I through 13 I'Iml1 ii g Di.ett.,. Community Development Director 1 through 13 A,,siSt'n.t Pla.i.l;lib D;..,.,t.,. Assistant Community Development Director Senior Planner 1 through 13 Associate Planner 1 through 13 Assistant Planner 1 through 13 Planning Techician 1 through 13 Code Compliance Officer / Planning Technician 1 through 13 Senior Engineering Technician 1 through 13 Plan Check Engineer 1 through 13 Senior Building Inspector 1 through 13 COMMUNITY SERVICES Community Services Director 1 through 13 LIBRARY Library Director 1 through 13 Senior Librarian I through 13 PARKS AND PUBLIC WORKS Director of Parks & Public Works 1 through 13 Maintenance Superintendent 1 through 13 Parks & Forestry Superintendent 1 through 13 I through 13 Public Works Mait.t....an.,e Supervisor Parks Maintenance Supervisor 1 through 13 V DESIGNATED POSITIONS DISCLOSURE CATEGORY 1 through 13 Assistant Civil Engineer / laf�c„ratie,l c s f Vl Fu1d6Li Associate Civil Engineer 1 through 13 Town Engineer 1 through 13 Assistant 1 13 f'In„ Cl.cek C,lgi,l.,e, thmtigl, Senior Engineering Inspector 1 through 13 1 tl.r 13 Ccli IVr Building I,l,..cto, ugh POLICE DEPARTMENT Chief of Police 1 through 13 Police Captain 1 through 13 Records & Communications Manager 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 Board of Appeals 1 through 13 Community Services Commission 1 through 13 Development Review Committee I through 13 General Plan Committee 1 through 13 Historic Preservation Committee 1 through 13 Hospital Committee 1 through 13 KCAT Board of Directors 1 through 13 Library Board 1 through 13 Newsrack Committee I through 13 Park Commission I through 13 Parking Commission I through 13 Planning Commission 1 through 13 Personnel Board 1, 4 through 8 10 through I3 Rent Advisory Committee 1 through 13 Trails and Bikeways Committee 1 through 13 0 SECTION III This ordinance was introduced at a regular meeting of the Town Council of the Town of Los the Town of , 2000 and adopted by the following vote as an ordinance o 0 0 Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on 2000. This ordinance takes effect 30 days after it is adopted. CIL MEMBERS: 0 N:\ATYICONFLICi ORD Town Council Minutes November 20, 2000 Redevelopment Agency Los Gatos, California AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN AMENDMENT ON BEHALF OF THE TOWN OF LOS GATOS. Carried unanimously. EDELEN AVENUE 209/RESIDENTIAL REMODEL/RESOLUTION 2000-138 (13.15) Mr. Peebles, 209 Edelen Ave., asked for reconsideration of his proposal since he had missed one of the planning meetings. Council comments were that they believed their decisions from the prior meeting were appropriate, and that Mr. Peebles should have asked for a continuance at the planning level if he was to be absent. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 2000-138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE AND TO CONSTRUCT A NEW RESIDENCE WHICH EXCEEDS THE FAR AND TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES FOR PROPERTY LOCATED IN THE R-1D:LHP ZONE. Carried unanimously. ROBERTS ROAD 17017/RESIDENTIAL SUBDIVISION/RESOLUTION 2000-139 (14.15) Mr. Davis, resident, questioned the wording in the report and title of the resolution. Town Attorney explained the reasons behind the wording and actions that Council may take. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 2000- 1 39 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AND REMANDING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO SUBDIVIDE A PARCEL INTO FOUR LOTS AND TO DEMOLISH A SINGLE FAMILY RESIDENCE AND CONSTRUCT FOUR RESIDENTIAL TOWN HOMES ON PROPERTY ZONED RM:5-12. Carried unanimously. GRAND JURY REPORT/CONDITIONAL USE PERMIT ENFORCEMENT PROCESS (19.38) Town Attorney, Orry Korb, explained the history of this report, its outcome, and methods of addressing specified issues. Ray Davis, resident, spoke to the need to enforce town use permits. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to approve the Town's response to the Santa Clara County Grand Jury Request for Information on Conditional Use Permit Process. Carried unanimously. CONFLICT OF INTEREST CODE/DESIGNATING POSITIONS/ORDINANCE AMEND (20.01) Ray Davis, resident, spoke to this issue, and asked that consultants to the Town, hired on a regular basis, be included by name in the conflict of interest code. TC: D I L MM 112000 6 Town Council Minutes November 20, 2000 Redevelopment Agency Los Gatos, California Motion by Mrs. Lubeck, seconded by Mr. Blanton, to waive the reading of the Proposed Ordinance. Carried unanimously. The Town Clerk read the Title of the Proposed Ordinance. CONFLICT OF INTEREST CODE CONTINUED Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce the Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CONFLICT OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS, as they appear in the desk item. Carried unanimously. CHILDREN'S HOSPITAL/NORTH 40 SPECIFIC PLAN (21.36) Dr. Fox, 211 Glen Ridge Ave., thanked Council for its concern and encouragement. The task force will be disbanded but the participants will continue helping on other phases of the proposal. The first phase will be for a children's urgent care facility. Community Development Director, Paul Curtis, noted that the current zoning on the North 40 site does provide for medical facilities. The General Plan and zoning for the North 40 also indicates that any large scale development would have to go through a planned development and would be subject to review by the Planning Commission and Town Council. The draft North 40 Specific Plan had been considered by the Planning Commission and by the Town Council. Council did not adopt it and it is now a high priority for completion this year. Until the Specific Plan is adopted, any plans for development will be considered one at a time, and the Los Gatos Boulevard Plan standards can be used to evaluate them. Council consensus to accept and file informational report on the children's hospital. TOLL HOUSE HOTEL/RENOVATION/140 S. SANTA CRUZ AVE. (22.15) Mayor Pirzynski noted that this was the time and place so noted to consider report about required improvements for the Toll House Hotel renovation. Staff explained the modifications to the S. Santa Cruz Avenue beautification plans which the Toll House is responsible for. The changes are insignificant and meet the intent of the original approval by Council. There are 3 changes. The first is in the planter island in front of the hotel. It is smaller in size because of drainage concerns and to compromise for reduction in size some additional street furniture will be added to keep a plaza like conformity. The second change removes the cross walk between Wood and Broadway. Traffic conditions do not permit that to be a safe cross walk. The third change narrows the corner of Broadway with planter islands to reduce the distance of the crosswalk on this wide street. There will also be additional modification on the Broadway - Montebello corner. These improvements should happen simultaneously to ensure compatibility and consistency of plans. The applicant is willing to contribute the equivalent costs of those improvements to the Town and Agency, so that the improvements can be done during the Town Plaza renovation project. The applicant is requesting temporary acceptance and occupancy permits due to the completion of the hotel's renovation. They will be granted a final certificate of completion when all the street improvements are complete by June 30, 2001. TC: D 1 L MM I I2000 7 ORDINANCE 2076 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 reorganization of the Planning Department, Administration, Parks & Public Works, and the title changes associated with the reorganization of those departments. This ordinance makes no change in the substance of the Conflict of Interest Code, but only clari- fies the positions designated for purposes of disclosure. SECTION II Section 2.30.610 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 par- ticipate 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 Town Manager Assistant Town Manager Administrative Analyst Town Clerk Senior Deputy Clerk Town Treasurer Deputy Town Treasurer DISCLOSURE CATEGORY 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 Finance Director 1 through 13 Human Resources Manager • 1 through 13 Management Information Systems Managerl through 13 COMMUNITY DEVELOPMENT Community Development Director 1 through 13 Assistant Community Development Directors through 13 Senior Planner 1 through 13 1 through 13 1 through 13 Associate Planner Assistant Planner Planning Technician 1 through 13 Code Compliance Officer / Planning Technicianl through 13 Senior Engineering Technician 1 through 13 Plan Check Engineer 1 through 13 Senior Building Inspector 1 through 13 COMMUNITY SERVICES Community Services Director UBRARY Library Director Senior Librarian PARKS AND PUBLIC WORKS Director of Parks & Public Works Maintenance Superintendent 1 through 13 1 through 13 1 through 13 1 through 13 1 through 13 Parks & Forestry Superintendent Public Works Supervisor Parks Maintenance Supervisor Assistant Civil Engineer Associate Civil Engineer Town Engineer Senior Engineering Inspector POLICE DEPARTMENT Chief of Police Police Captain Records & Communications Manager 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 COMMISSIONERS, COMMITTEE AND BOARD MEMBERS Architectural Standards Committee 1 through 13 Arts Commission 1 through 13 Arts Selection Panel 1 through 13 Board of Appeals 1 through 13 Community Services Commission 1 through 13 Development Review Committee 1 through 13 General Plan Committee 1 through 13 Historic Preservation Committee 1 through 13 Library Board 1 through 13 Newsrack Committee 1 through 13 Park Commission 1 through 13 Parking Commission 1 through 13 Planning Commission 1 through 13 Personnel Board 1, 4 through 8/10 through 13 Rent Advisory Committee 1 through 13 Trails and Bikeways Committee 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 writingl 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 deter- mination 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 111 This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on November 20, 2000 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 December 4 , 2000. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman, Mayor loe Pirzynski. NAYS: None. ABSENT: None. ABSTAIN: None SIGNED: /s/ Joe Pirzynski, MAYOR. ATTEST: /s/ Marian V. Cosgrove, TOWN CLERK (PUB: LG12/13/00) PROOF OF PU ,TION (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, �45 Almendra Avenue, Los Gatos, California, 95o3i, 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: t5, I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: -�� at San Jose, California f '1 Kathy ightson 1 1 3,, tro-0 cling Stamp PROOF OF PUBLICATION oPb ? Co G.c6k PT)