Staff Report with attachments
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Interim Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 09/6/2020 ITEM NO: 6
DATE: August 22, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Rescinding Resolution 2020-038 and Amending the
Appendices to the Town Conflict of Interest Code Section 2.30.610
RECOMMENDATION:
Adopt a resolution rescinding Resolution 2018-045 and amending the appendices to the Town
Conflict of Interest Code, Section 2.30.610.
BACKGROUND:
The Political Reform Act (Government Code Section 81000 et.seq.) requires local agencies to
adopt and maintain a Conflict of Interest Code. The Town of Los Gatos adopted the Conflict of
Interest Code as part of the Town Code set forth in Chapter 2, Article III, Division 4. Revisions to
the Conflict of Interest Code may be made by resolution, pursuant to Ordinance 2139, adopted
by the Town Council on February 8, 2005. On December 19, 2017, the Council amended the
Conflict of Interest Code with the adoption of Ordinance 2267 which mandates all Form 700
filers must file electronically via NetFile, the Town’s e-filing system, beginning February 1, 2019.
In addition, the Ordinance imposes an opt-in rule, under which Form 700 filers that utilize the
electronic filing system once are required to use the system for all future filings, regardless of
whether they meet the monetary thresholds in the future. This rule is to ensure continuity of
records in the electronic filing system.
The Political Reform Act further requires that in even-numbered years, prior to October 1, local
agencies conduct a biennial review and update of their conflict of interest codes to address new
positions and/or new position titles, which must be listed in the local code.
PAGE 2 OF 2 SUBJECT: Amending the Conflict of Interest Appendices DATE: August 22, 2022
DISCUSSION:
The Town last updated its Conflict of Interest Code on September 4, 2020. In consultation with
the Town Attorney, it was determined that six new employee positions/classifications need to
be added to the list of designated filers. The new positions are as follows: IT System
Administrator; Senior Public Works Inspector; Associate Engineer Technician; Senior
Engineering Technician; Urban Forest Manager; and Supervising Equipment Mechanic. The
name of the Finance Commission is also being corrected from Council Finance Committee to
Finance Commission and the General Plan Advisory Committee is being removed as the
Committee has completed its work.
Those on the designated positions list are required to file the Fair Political Practices Commission
(FPPC) Form 700 Statement of Economic Interests annually by April 1 with the Town Clerk.
Attachment 2 is the updated positions and titles for this reporting period consistent with the
Political Reform Act reporting requirements.
Additionally, the disclosure categories (Attachment 3) have been consolidated into three
categories. Category one (1) requires reporting of all investment and business positions in
business entities, sources of income (including receipt of gifts, loans, and travel payments) from
sources located in or doing business in the Town of Los Gatos and interests in real property
located in the Town of Los Gatos or within two miles of the Town of Los Gatos or property
owned by the Town of Los Gatos. Category two (2) requires reporting of investments and
positions in business entities and all sources of income (including receipt of gifts, loans, and
travel payments) from sources located in or doing business in the Town of Los Gatos. Category
three (3) requires reporting of interests in real property located in the Town of Los Gatos or
within two miles of the Town of Los Gatos or property owned by the Town of Los Gatos.
COORDINATION:
The preparation of this report was done in coordination with the Town Attorney’s Office.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Resolution
2. Exhibit A – Designated Positions
3. Exhibit B – Disclosure Categories
1 of 3 Resolution 2022- September 6, 2022 ATTACHMENT 1
RESOLUTION 2022- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE APPENDICES OF THE TOWN'S CONFLICT OF INTEREST CODE PURSUANT TO LOS GATOS TOWN CODE SECTION 2.30.610
WHEREAS, the Political Reform Act, codified at Government Code section 81000, et seq.,
requires State and local government agencies to adopt and promulgate conflict of interest codes;
WHEREAS, the Fair Political Practices Commission has adopted a regulation, California Code of
Regulations Section 18730, which contains the terms of a standard conflict of interest code, which can
be incorporated by reference, and which may be amended by the Fair Political Practices Commission
to conform to amendments in the Political Reform Act after public notice and hearing;
WHEREAS, the terms of California Code of Regulations Section 18730 have been adopted by
reference by the Town Council in Los Gatos Town Code Section 2.30.610;
WHEREAS, the Town Council adopted Ordinance 2139 intended to better facilitate the process
of updating the Town's Conflict of Interest Code by authorizing the adoption and periodic updates of
the detailed appendices required by California Code of Regulations Section 18730 containing the
designation of positions and disclosure categories; and
WHEREAS, this resolution is intended to update the Town of Los Gatos Conflict of Interest Code
by amending the detailed appendices containing the designation of positions and disclosure
categories.
NOW THEREFORE, BE IT RESOLVED:
1. Exhibit A to this Resolution shall constitute the Appendix "A" to the Town of Los Gatos
Conflict of Interest Code, by listing of those positions that are required to submit
Statements of Economic Interests pursuant to the Political Reform Act of 1974, as
amended. The Town 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 solely for purposes of the Fair Political Practices
Act and required to make financial disclosures as specified in Exhibit A.
2. Exhibit B to this Resolution shall constitute Appendix "B" to the Town of Los Gatos Conflict
2 of 3 Resolution 2022- September 6, 2022
of Interest Code, as amended, listing the disclosure categories that are required pursuant to the
Political Reform Act of 1974. 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, including receipt of gifts, loans, and travel payments, from sources located in or doing
business in the Town of Los Gatos, plan to do business in the Town of Los Gatos, or have done
business in the Town of Los Gatos within the past two (2) years. In addition to other activities, a
business entity is doing business within the Town of Los Gatos if it owns real property within
the Town of Los Gatos. 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
the Town or not more than two miles outside of Town boundaries or not more than two miles
from any land owned or used by the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 6th day of September 2022, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
EXHIBIT A
Exhibit A
DESIGNATED POSITIONS DISCLOSURE CATEGORY
ADMINISTRATION
Town Council 1
Town Manager 1
Assistant Town Manager 1
Administrative Analyst 2
Town Clerk 2
Deputy Clerk 2
Finance Director 1
Finance and Budget Manager 2
Human Resources Director 2
Information Technology Manager 2
Economic Vitality Manager 1
Events and Marketing Specialist 1
IT System Administrator 2
COMMUNITY DEVELOPMENT
Community Development Director 1
Planning Manager 1
Administrative Analyst 2
Senior Planner 1
Assistant Planner 1
Associate Planner 1
Planning Technician 1
Permit Technician 1
Code Compliance Officer 1
Building Official 1
Senior Building Inspector 1
Building Inspector 1
LIBRARY
Library Director 2
Library Manager 2
PARKS AND PUBLIC WORKS
Director of Parks and Public Works 1
Assistant Director/Town Engineer 1
Superintendent 1
Senior Administrative Analyst 1
Arborist 1
Assistant Engineer 1
Associate Engineer 1
EXHIBIT A
Traffic Engineer 1
Public Works Inspector 1
Senior Public Works Inspector 1
Associate Engineer Technician 1
Engineering Technician 1
Senior Engineering Technician 1
Environmental Programs Specialist 1
Urban Forest Manager 1
Project Manager/Construction Project Manager 1
Transportation and Mobility Manager 1
Operations Manager 1
Supervising Equipment Mechanic 2
POLICE DEPARTMENT
Police Chief 1
Police Captain 1
Records and Communications Manager 2
Senior Administrative Analyst 2
Community Outreach Coordinator 2
TOWN ATTORNEY
Town Attorney 1
Deputy Town Attorney 1
BOARD, COMMISSION, AND COMMITTEE MEMBERS
Arts and Culture Commission 1
Building Board of Appeals 1
Community Health and Senior Services Commission 2
Complete Streets and Transportation Commission 1
Conceptual Development Advisory Commission 1
Council Finance Committee Commission 2
Development Review Committee 1
General Plan Committee 1
General Plan Advisory Committee 1
Historic Preservation Committee 1
Library Board 2
Parks Commission 1
Personnel Board 2
Planning Commission 1
SPECIFIED CONSULTANTS
Those consultants defined as a “consultant” by the Fair 1
Political Practice Commission and as determined by the
Town Attorney in writing.
EXHIBIT A
A Consultant is defined as an individual who contracts with or whose employer contracts with
state or local government agencies and who makes, participates in making, or acts in a staff
capacity for making governmental decisions.
FPPC Regulation 18700.3 defines “consultants” as including the following individuals who make
a governmental decision whether to:
• Approve a rate, rule, or regulation
• Adopt or enforce a law
• Issue, deny, suspend, or revoke any permit, license, application, certificate, approval,
order, or similar authorization or entitlement
• Authorize the agency to enter into, modify, or renew a contract provided it is the type
of contract that requires agency approval
• Grant agency approval to a contract that requires agency approval and to which the
agency is a party, or to the specifications for such a contract
• Grant agency approval to a plan, design, report, study, or similar item
• Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or
for any of its subdivisions
A consultant also is an individual who serves in a staff capacity with the agency and:
• Participates in making a governmental decision; or
• Performs the same or substantially all the same duties for the agency that would
otherwise be performed by an individual holding a position specified in the agency’s
conflict-of-interest code.
In addition, the Town Attorney 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 Attorney’s determination is a public record and shall be available
for inspection.
This Page Intentionally Left Blank
EXHIBIT B
Exhibit B
General Provisions
Designated employees shall disclose their financial interest pursuant to the appropriate
disclosure category as indicated in section 2.30.610.
Category I: All investment and business positions in business entities, sources of income
(including receipt of gifts, loans, and travel payments) from sources located in or doing
business in the Town of Los Gatos and interests in real property located in the Town of Los
Gatos or within two miles of the Town of Los Gatos or property owned by the Town of Los
Gatos.
Category 2: Investments and positions in business entities and all sources of income
(including receipt of gifts, loans, and travel payments) from sources located in or doing
business in the Town of Los Gatos.
Category 3: Interests in real property located in the Town of Los Gatos or within two miles of
the Town of Los Gatos or property owned by the Town of Los Gatos.