Item 10 Staff Report Ordinance of the Town of Los Gatos Amending Division 1 of Article III of Chapter 2 of the Los Gatos Town Code (Section 2.30.020) to Designate the Mayor or Vice-Mayor to Approve Payroll or Attendance Records of All Council-Appointed EmMEETING DATE: 5/2/05
AGENDA ITEM: 10
COUNCIL AGENDA REPORT
DATE: April 20, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEYOki
SUBJECT: ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 1 OF
ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE (SECTION
2.30.020) TO DESIGNATE THE MAYOR OR VICE -MAYOR TO APPROVE
PAYROLL OR ATTENDANCE RECORDS OF ALL COUNCIL -APPOINTED
EMPLOYEES AND ELECTED OFFICIALS OF THE TOWN OF LOS GATOS
RECOMMENDATION:
1. Adopt ordinance that was introduced at the Council meeting of April 18, 2005.
2. Instruct the Clerk Administrator 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 April 18, 2005, Council introduced the attachment, which amends Chapter 2, section 2.30.020 of the Town
Code designating the Mayor or Vice -Mayor to approve payroll or attendance records of all Council -appointed
employees and elected officials of the Town of Los Gatos.
Attachment: Ordinance
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
Reviewed by:
OPK/wp [N:1ATY1TCode-2.30.020.adopt-TCR.wpd]
own Manager v5 Assistant Town Manager Clerk Administrator
finance Community Development
Rev: 4/20/05 11:29 am
Reformatted: 7/19/99
File# 301-05
ORDINANCE
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 1
OF ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN
CODE (SECTION 2.30.020) TO DESIGNATE THE MAYOR OR
VICE -MAYOR TO APPROVE PAYROLL OR ATTENDANCE RECORDS
OF ALL COUNCIL -APPOINTED EMPLOYEES AND ELECTED
OFFICIALS OF THE TOWN OF LOS GATOS
WHEREAS, subsection (b) of Town Code section 2.30.020 currently provides that the Town
Clerk shall certify or approve payrolls or attendance records or all Council -appointed employees and the
Town Council, and
WHEREAS, subsection (a) of Town Code section 1.20.120, added in June 2004 (Ordinance No.
2133) amends subsection (b) of section 2.30.020 designating the Town Clerk Administrator as the
position that shall certify or approve payrolls or attendance records or all Council -appointed employees
and the Town Council, and
WHEREAS, the Town Council believes that the responsibility for certifying or approving
payrolls or attendance records of all Council -appointed employees and the Town Council is more
appropriately placed in the leadership of the Town Council.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS
AS FOLLOWS:
SECTION I
That subsection (b) of section 2.30.020 of Division l of Article III of Chapter 2 of the Los Gatos
Town Code is amended to read as follows:
(b) Department heads shall certify or approve departmental payrolls
or attendance records for employees in their departments. The
Town Manager will certify or approve payroll or attendance of the
department heads. The Mayor or, in the Mayor's absence, the
Page 1 of 2
n
Vice -Mayor shall certify or approve payrolls or attendance
records of all Council -appointed employees and other elected
officials of the Town of Los Gatos.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be
severed from the remaining portions which shall remain in full force and effect.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 2005, 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 , 2005. This Ordinance
takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: WTY\2.30.020. ord.wpd
Page 2 of 2
ORDINANCE 2142
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 1
OF ARTICLE HE OF CHAPTER 2 OF THE LOS GATOS TOWN
CODE (SECTION 2.30.020) TO DESIGNATE THE MAYOR OR
VICE -MAYOR TO APPROVE PAYROLL OR ATTENDANCE RECORDS
OF ALL COUNCIL -APPOINTED EMPLOYEES AND ELECTED
OFFICIALS OF THE TOWN OF LOS GATOS
WHEREAS, subsection (b) of Town Code section 2.30.020 currently provides that the Town
Clerk shall certify or approve payrolls or attendance records of all Council -appointed employees and the
Town Council, and
WHEREAS, subsection (a) of Town Code section 1.20.120, added in June 2004 (Ordinance No.
2133) amends subsection (b) of section 2.30.020 designating the Town Clerk Administrator as the
position that shall certify or approve payrolls or attendance records of all Council -appointed employees
and the Town Council, and
WHEREAS, the T own C ouncil b elieves t hat the responsibility for c ertifying o r approving
payrolls or attendance records of all Council -appointed employees and the Town Council is more
appropriately placed in the leadership of the Town Council.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS
AS FOLLOWS:
SECTION I
That subsection (b) of section 2.30.020 of Division 1 of Article III of Chapter 2 of the Los Gatos
Town Code is amended to read as follows:
(b)
Department heads shall certify or approve departmental payrolls
or attendance records for employees in their departments. The
Town Manager will certify or approve payroll or attendance of the
department heads. The Mayor or, in the Mayor's absence, the
Page 1 of 2
Vice -Mayor shall certify or approve payrolls or attendance
records of all Council -appointed employees and other elected
officials of the Town of Los Gatos.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or parts shall be
severed from the remaining portions which shall remain in full force and effect.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on April 18, 2005, 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 May 2, 2005. This Ordinance takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Mike Wasserman
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 2 of 2
Town Council Minutes May 16, 2005
Redevelopment Agency Los Gatos, California
7:09 PM
CONSENT ITEMS
#1-13
Continued
. Approve Council Study Session minutes of April 18, 2005.
6. Adopt a resolution to create a Bicycle Advisory Committee
comprised of one member of the Transportation and Parking
Commission, Parks Commission, and Youth Commission. (6-12)
RESOLUTION 2005-039
7. Hazardous Vegetation (Brush) (7-33)
a. Adopt resolution declaring hazardous vegetation (brush)
a public nuisance and providing for their abatement.
RESOLUTION 2005-040
b. Set June 20, 2005 as a public hearing on this annual
program.
8. Project 0426 — Fiscal Year 2004/05 Retaining Wall Replacement
(8-24)
Adopt resolution approving plans and specifications for the
Retaining Wall Replacement Program and authorizing staff to
advertise the project for bids. RESOLUTION 2005-041
9. Project 0439 — Fiscal Year 2004/05 — CDBG Funded ADA
Improvements (9-39)
Adopt resolution approving plans and specifications for ADA
crosswalk improvements and authorizing staff to advertise the
project for bids. RESOLUTION 2005-042
10. Adopt ordinance of the Town of Los Gatos amending Division 1 o f
Article III of Chapter 2 of the Los Gatos Town Code (Section
2.30.020) to designate the Mayor or Vice -Mayor to approve
payroll or attendance records of all Council -appointed employees
and elected officials of the Town Council. ORDINANCE 2142
(10-29)
11. Adopt an ordinance amending Town Code Section 29.20.200
(Conditional Use Modification). ORDINANCE 2143 (11-37)
REDEVELOPMENT AGENCY
12. Ratify accounts payable for April, 2005. (12-V)
Motion by Mr. Glickman to approve Consent Items #1-12.
Seconded by Mr. Pirzynski.
P
MAYOR CALLED
THE QUESTION
Items #1-10, and 12 carried unanimously. Item #11 carried 4/1. Mrs.
Spector voting no.
Page 2. of 11
r�
PROOF OF PUBLICATION
(2o L5.5 C.C.P.)
Stat.:: of California
Count of Santa Clara •
I am a citizen Jf the United States and a
resident of the County aforesaid: 1 am over
the age of 28 years, and not party to or
interested in the above entitler. matter. I am
the principal clerk of the printer of the:
Los Gatos Weekly -Times, 245
Almendra Avenue, Los Gatos,
California, 95a32, a newspaper of general
circulation, print=d 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 Sant: Clara, State of California,
Case Number 8363/ dated May 27, 1952 that
the notice of whit the annexed is a printed
copy (set in type not smaller than nonpareil),
has been publi!ihed in each regular and
entire issue of sad Newspaper and not in any
supplement thereof on the following dates, to
wit:
_____ .\11,„/) t)S--
certify (orec:a. 'd ia_�under _I penalty of perjury
chat the foregoing is true and correct.
gated:
.at San lose. Califcilia
Filing Stamp
PROOF OF PUBLICATION
ORDINANCE 2142
AN ORDINANCE OF THE
TOWN OF LOS GATOS
AMENDING DIVISION 1 OF
ARTICLE III OF CHAPTER 2
OF THE LOS GATOS TOWN
CODE (SECTION 2.30.020)
TO DESIGNATE THE MAYOR
OR VICE -MAYOR TO
APPROVE PAYROLL OR dance records for employees
ATTENDANCE RECORDS .OF in their departments. The
ALL COUNCIL -APPOINTED Town Manager will certify
EMPLOYEES AND ELECTED or approve payroll or atten-
OFFICIALS OF THE TOWN OF dance of the department
LOS GATOS heads. The Mayor or, in the
WHEREAS, subsection (b) of Mayor's absence, the Vice -
Town Code section 2.30.020 Mayor shall certify or
currently provides that the approve payrolls or atten-
Town Clerk shall certify or dance records of all Council -
approve payrolls or atten- appointed employees and
dance records of all Council- other elected officials of the
appointed employees and Town of Los Gatos.
the Town Council, and SECTION II
WHEREAS, subsection (a) In the event that any part of
of Town Code section this ordinance is held to be
1.20.120, added in June invalid, the invalid part or
2004 (Ordinance No. 2133) parts shall be severed from
amends subsection (b) of the remaining portions
section 2.30.020 designat- which shall remain in full
ing the Town Clerk force and effect.
Administrator as the position SECTION III
that shall certify or approve This Ordinance was intro -
payrolls or attendance duced at a regular meeting
records of all Council- of the Town Council of the
the appointed
To n employees
and Town of Los and 18. 2005, andGatos
adopted April
by
WHEREAS, the Town Council the following vote as an
believes that the responsibil- Ordinance of the Town of Los
ity for certifying or approving Gatos at a meeting of the
payrolls or attendance Town Council of the Town of
records of, all Council- Los Gatos on May 2, 2005.
appointed employees and This Ordinance takes effect
the Town Council is more 30 days after it is adopted.
appropriately placed in the COUNCIL MEMBERS:
leadership of the Town AYES:Steve Glickman, Diane
Council. McNutt, Joe Pirzynski,
NOW, THEREFORE, THE Barbara Spector, Mayor Mike
TOWN COUNCIL OF THE Wasserman.
TOWN OF LOS GATOS NAYS: None. ABSENT: None.
ORDAINS AS FOLLOWS: ABSTAIN: None.
SECTION I SIGNED:
That subsection (b) of sec- /s/ Mike Wasserman, Mayor.
tion 2.30.020 of Division lof ATTEST:
Article III of Chapter 2 of the /s/ Marian V. Cosgrove,
Los Gatos Town Code is Town Clerk.
amended to read as follows: (Pub LG 5/11/05)
(b) Department heads shall
certify or approve depart-
mental payrolls or atten-
3 3/sei