Amending Appendices to Town/Successor Agency Conflict of Interest Code�pW N 0
�os' COUNCIL AGENDA REPORT
DATE: MAY 2, 2012
TO: MAYOR AND TOWN COUNCIL
MEETING DATE: 5/7/2012
ITEM NO: I
FROM: JUDITH PROPP, TOWN ATTORNEY
SUBJECT: ADOPTION OF A RESOLUTION AMEND G THE APPENDICES TO THE
TOWN /SUCCESSOR AGENCY CONFLICT OF INTEREST CODE
RECOMMENDATION
Adopt a Resolution Amending the Appendices to the Town/Successor Agency Conflict of Interest Code
(Code of the Town of Los Gatos, Chapter 2, Article III, Division 4)
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.
The California State Legislature enacted Assembly Bill ABxl 26 (the "Dissolution Act ") to dissolve
redevelopment agencies formed under the Community Development Law. The California Supreme
Court in its decision in California Redevelopment Association v. Matosantos, issued December 29, 2011
(the "Supreme Court Decision "), declared the Dissolution Act to be constitutional. Under the
Dissolution Act, all California redevelopment agencies were dissolved effective February 1, 2012 and
various actions are now required unwind the affairs of all former redevelopment agencies.
DISCUSSION
One of the requirements under ABxl 26 is to establish an Oversight Board. According to the legislation
and a determination by Fair Political Practice Commission (FPPC), the Oversight Board is required to
adopt a Conflict of Interest Code. On April 3, 2012, at its first meeting, the Oversight Board adopted a
Resolution adopting the Town of Los Gatos Conflict of Interest Code and any amendments thereto as
the Conflict of Interest Code for the Oversight Board (Attachment 1).
PREPARED BY : JUDITH PROPP, TOWN ATTORNEY
Reviewed by: T own Manager _ Assistant Town Manager/
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF A RESOLUTION AMENDING THE APPENDICES TO THE
TOWN /SUCCESSOR AGENCY CONFLICT OF INTEREST CODE
May 2, 2012
Pursuant to State law, the code reviewing body for a Successor Agency and its Oversight Board is the
Town Council of the Successor Agency. As the code reviewing body, Town Council is required to
amend its Conflict of Interest to include both the Successor Agency of the Town of Los Gatos
Redevelopment Agency and the Oversight Board for the Successor Agency of the Town of Los Gatos
Redevelopment Agency.
RECOMMENDATION:
Adopt the attached Resolution (Attachment 2) to amend the appendices of the Town of Los Gatos
Conflict of Interest Code to include both the Town's Successor Agency and the Oversight Board for the
former Redevelopment Agency.
ENVIRONMENTAL ASSESSMENT:
The amendment of the Town's Conflict of Interest Code is not subject to CEQA.
Attachments:
Attachment 1: Resolution of the Oversight Board of the Successor Agency Adopting a Conflict of Interest Code
Attachment 2: Resolution of the Town Council Adopting Amended Appendices of the Town's Conflict of
Interest Code
RESOLUTION NO.
RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE TOWN OF LOS GATOS REDEVELOPMENT AGENCY
ADOPTING A CONFLICT OF INTEREST CODE FOR THE OVERSIGHT
BOARD AND DIRECTING STAFF TO SUBMIT THE CODE TO THE TOWN
OF LOS GATOS TOWN COUNCIL AS THE CODE REVIEWING BODY
PURSUANT TO THE CALIFORNIA POLITICAL REFORM ACT
WHEREAS, pursuant to the California Political Reform Act, every governmental agency
must adopt a Conflict of Interest Code that sets forth, among other things, officials and
employment positions and the disclosure filing requirements for designated employees in
positions that involve the making or the participation in the making of governmental decisions
and in positions that could affect the outcome of those decisions; and
WHEREAS, pursuant to Sections 87300, 87302, and 87303 of the California Political
Reform Act of 1974, the Oversight Board of the Successor Agency to the Town of Los Gatos
Redevelopment Agency has adopted and incorporated by reference the terns of the Town of Los
Gatos Conflict of Interest Code; and
WHEREAS, the former Redevelopment Agency Board of the Town of Los Gatos
approved a list setting forth: (1) designated positions of officers, employees, and consultants; and
(2) required conflict of interest disclosure categories, and the new proposed Successor Agency
list, attached hereto as Exhibit A, is based on the Agency's list, but updated to reflect the changes
in the organization and authority of Successor Agency and the establishment of the Oversight
Board; and
WHEREAS, the Oversight Board held apublic meeting on April 3, 2012 and considered
the proposed Conflict of Interest Code for the Successor Agency and Oversight Board following
the notice required by law; and
WHEREAS, the Political Reform Act requires that the Conflict of Interest Code
approved by a local government agency be approved by a "code reviewing body" which has
been determined to be the Town of Los Gatos Town Council; and
NOW, THEREFORE, BE IT RESOLVED, BY THE OVERISGHT BOARD OF THE
SUCCESSOR AGENCY TO THE TOWN OF LOS GATOS REDEVELOPMENT AGENCY
THAT:
1. In accordance with Section 87303 of the Political Reform Act, the Conflict of Interest
Code for the Oversight Board is established in its entirety by this Resolution and
exhibits attached hereto.
2. The Town of Los Gatos Conflict of Interest Code and any amendments thereto, taken
with exhibits attached to this Resolution and incorporated by reference constitute the
ATTACHMENT 1
Conflict of Interest Code for the Oversight Board of the Successor Agency of the
Town of Los Gatos Redevelopment Agency.
Persons holding designated positions listed in the attached Exhibit A, are required to
file the Form 700 Statement of Economic Interest when required by the Political
Reform Act or when notified to do so by the Successor Agency Clerk Administrator
or its designee.
4. Successor Agency staff is directed to submit this Conflict of Interest Code to the
Town of Los Gatos Town Council, the code reviewing body pursuant to Government
Code §82011(b).
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon
adoption.
The above and foregoing resolution was duly and regularly passed and adopted at a special
meeting by the Oversight Board of the Successor Agency to the Town of Los Gatos
Redevelopment Agency on the 3rd day of April, 2012 by the following vote:
OVERSIGHT BOARD MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
CHAIR OF OVERSIGHT BOARD to the
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE
TOWN OF LOS GATOS, CALIFORNIA
ATTEST:
SUCCESSOR AGENCY CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA
2
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING THE APPENDICES OF THE TOWN'S
CONFLICT OF INTEREST CODE PURSUANT TO DIVISION 4
OF ARTICLE III OF CHAPTER 2 OF THE LOS GATOS TOWN CODE
WHEREAS:
A. The Political Reform Act, Government Code section 81000, et
seq., requires State
and local government agencies to adopt and promulgate conflict of interest codes.
The 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 can be incorporated by reference and which may
be amended by the Fair Political Practices Corrunnission to conform to
amendments in the Political Reform Act after public notice and hearings. The terms
of 2 California Code of Regulations Section 18730 have been adopted by
reference by the Town Council in Division 4 of Article III of Chapter 2 of the Los
Gatos Town Code,
B. The Town Council/Redevelopment Agency adopted an ordinance
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 2 California Code of Regulations Section 18730 containing the designation
of positions and disclosure categories.
C. The California State Legislature adopted ABx1 26 in June,
Page 1 of 7
ATTACHMENT 2
2011 which requires the Town as the Successor Agency for the former
Redevelopment Agency to establish an Oversight Board. Pursuant to ABxI
26 and a determination by Fair Political Practice Commission (FPPC), the
Oversight Board is required to adopt a Conflict of Interest Code. On April
3, 2012, at its first meeting, the Oversight Board adopted a Resolution
adopting the Town of Los Gatos Conflict of Interest Code and any
amendments thereto as the Conflict of Interest Code for the Oversight
Board
D. 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 to include both the Successor Agency of the
Redevelopment Agency of the Town of Los Gatos and the Oversight Board to
the Successor Agency of the Redevelopment Agency of the Town of Los
Gatos.
RESOLVED;
1 The following. 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./Redevelopment Agency her6by finds that the officers
and employees holding the following designated positions make, or participate u1 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
Page 2 of 7
financial disclosures as specified:
DESIGNATED POSITIONS
DISCLOSURE CATEGORY
ADMINISTRATION
Town Manager
1 through 13
Assistant Town Manager
1 through 13
Administrative Analyst
1 through 13
Clerk Administrator
1 through 13
Deputy Clerk
1 through 13
Finance Director /Treasurer
1 through 13
Assistant Finance Director/Budget Director
1 through 13
Human Resources Director
1 through 13
Management Information Systems Manager
1 through 13
Economic Vitality Manager
1 through 13
COMMUNITY DEVELOPMENT
Community Development Director
1 through 13
Planning Manager
1 through 13
Administrative Analyst
1 through 13
Senior Planner
I through 13
Associate Planner
1 through 13
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
Building Inspector
1 through 13
COMMUNITY SER VICES 1 through 13
Community Services Director 1 through 13
Volunteer Services Coordinator 1 through 13
Senior Coordinator 1 through 13
Administrative Analyst
LIBRARY 1 through 13
Library Director 1 through 13
Assistant Library Director
PARKS AND PUBLIC WORKS
Director of Parks and Public Works 1 through 13
Superintendent 1 through 13
Administrative Analyst 1 through 13
Town Engineer 1 through 13
Page 3 of 7
DESIGNATED POSITIONS
Associate Civil Engineer
Senior Engineering Inspector
Engineering Inspector
Senior Engineering Technician
POLICE DEPARTMENT
Chief of Police
Police Captain
Records and Conunwucations Manager
Administrative Analyst
Parking Coordinator
TOWN ATTORNEY
Town Attorney
SUCCESSOR AGENCY OF THE REDEVELOPMENT
Executive Director
Deputy Director
Secretary
Finance Director
Treasurer
General Counsel
DISCLOSURE CATEGORY
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
I through 13
1 through 13
1 through 13
AGENCY
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
1 through 13
OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
Oversight Board
1 through 13
Page 4 of 7
DESIGNATED POSITIONS
DISCLOSURE CATEGORY
COMMISSIONERS, COMMITTEE AND BOARD
MEMBERS
Architectural Standards Committee
Arts Commission
Arts Selection Panel
Building Board of Appeals
Community Services Commission
Conceptual Development Advisory Commission
Development Review Committee
General Plan Committee
Historic Preservation Committee
Library Board
Park Commission
Planning Commission
Personnel Board
Rent Advisory Committee
Transportation & Parking Commission
Youth Commission
SPECIFIED CONSULTANTS
Those consultants defined as a "consultant" by the
Fair Political Practices Commission and as determined
by the Town Manager in writing
I 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 1
through 13
None
1 through 13. In addition, the
Town Manager may detennine 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.
2 The following list shall constitute Appendix "B" to the Town of Los Gatos Conflict of
Interest Code, as amended, by listing of the disclosure categories that are required pursuant to the
Political Reform Act of 1974. When a designated employee is required to disclose investments
Page 5 of 7
and sources of income, he or she need only disclose investments in business entities and sources
of income with those who do 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 (2) miles outside of Town
Boundaries or not more than two (2) miles of any land owned or used by the Town of Los
Gatos.
General Provisions
Designated employees shall disclose their financial interest
pursuant to the appropriate disclosure category as indicated in
section 2.30.610.
Category I: 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
Page 6 of 7
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
3. Any change provided in the appendices of the Town of Los Gatos Conflict of Interest Code
shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture
incurred or accruing under any other Conflict of Interest Code, nor shall it affect any prosecution, suit, or
proceeding pending or any judgment rendered in connection with any other conflict of interest code,
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California held on the 7th day of May, 2012, by the following vote:
COUNCIL /AGENCY MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS LOS
GATOS, CALIFORNIA
ATTEST:
MAZARIN VAKHARIA
CLERK ADMINISTRATOR
TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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