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11 Staff Report - Amending Conflict of Interest CodeMEETING DATE: 12/4/00 ITEM NO. I COUNCIL AGENDA REPORT DATE: November 21, 2000 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY eV -- SUBJECT: ADOPT ORDINANCE AMENDING TOWN CONFLICT OF INTEREST CODE (DIVISION 6 OF ARTICLE III OF CHAPTER 4) TO UPDATE DESIGNATED POSITIONS RECOMMENDATION: 1. Adopt ordinance that was introduced at the Council meeting of November 20, 2000. 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 November 20, 2000, the Council introduced Attachment 1 amending Town Code section 2.30.610 concerning the Conflict of Interest Code. Attachments: Ordinance PREPARED B , : ORR KORB, TOWN ATTORNEY OPK: LMB/wp IN \ATVU'onnia.mr] Reviewed by: / ' Manager Reforma ed: 10/23/95 Filet/ 301-05 Revised: 11 /21 /00 10:26 am 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 1 through 13 Administrative Analyst I through 13 Town Clerk 1 through 13 Senior Deputy Clerk 1 through 13 Town Treasurer 1 through 13 Deputy Town Treasurer 1 through 13 DESIGNATED POSITIONS DISCLOSURE CATEGORY Finance Director 1 through 13 Human Resources Manager I through 13 Management information Systems Manager 1 through 13 COMMUNITY DEVELOPMENT Community Development Director 1 through 13 Assistant Community Development Director 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 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 1 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 Public Works Supervisor 1 through 13 Parks Maintenance Supervisor 1 through 13 Assistant Civil Engineer I through 13 Associate Civil Engineer I through 13 Town Engineer I through 13 Senior Engineering Inspector 1 through 13 POLICE DEPARTMENT Chief of Police 1 through 13 Police Captain 1 through 13 DESIGNATED POSITIONS DISCLOSURE CATEGORY 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 I through 13 Community Services Commission 1 through 13 Development Review Committee 1 through 13 General Plan Committee 1 through 13 Historic Preservation Committee I 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 writing I 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 November 20, 2000 and adopted by the following vote as an ordinance of the Town of Los Gatos at a 3 regular meeting of the Town Council of the Town of Los Gatos on effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA , 2000. This ordinance takes MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:N AT11Con(lic4.ord 4 Town Council Minutes December 4, 2000 Redevelopment Agency Los Gatos, California TRAILS & BIKEWAYS APPOINTMENT/MARK JENSEN/RESOLUTION 2000-144 (10.12) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Resolution 2000-144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING MARK JENSEN TO THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY COUNTYWIDE - BICYCLE ADVISORY COMMITTEE. Carried unanimously. CONFLICT OF INTEREST CODE/ORDINANCE 2076 (11.01) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Ordinance 2076 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. Carried unanimously. TOWN ZONING MAP/RE-ADOPTING/ORDINANCE 2077 (12.37) Motion by Mr. Blanton, seconded by Mrs. Decker, that Council adopt Ordinance 2077 entitled, ORDINANCE OF THE TOWN OF LOS GATOS RE -ADOPTING THE TOWN ZONING MAP. Carried unanimously. VERBAL COMMUNICATIONS (00.28) Fantasy of Lights/Holiday Program: Steve Lopes, 200 Creffield Heights, representing the Silicon Valley Parks Foundation, spoke of the outstanding display at Vasona Park and encouraged everyone's attendance. General Comments on Government: Speaker Davis, gave his views on local government. HEARINGS WOODED VIEW DRIVE 285/NEW RESIDENTIAL CONSTRUCTION/APPEAL (13.15) Mayor Pirzynski announced that this was the time and place so noted for public hearing to consider an appeal of the decision of the Planning Commission approving a request to construct a new single family residence on property zoned HR-2 '/2. Architecture and Site Application S-99-13. Property Location: 285 Wooded View Drive. Property Owner/Applicant/Appellant: Vino Malhotra. The following people from the audience addressed this subject: Jim Eller, 303 Almaden Blvd, #500, San Jose, explained that the owners now asked to withdraw their appeal so that they could move forward with their approved proposal. They asked for the removal of the deed restriction on their property. Neema Malhotra, 285 Wooded View Drive, owner explained desire to move forward on the project and accept the deed restriction. Vino Malhotra, 285 Wooded View Drive, showed slides of the topography and spoke of the neighborhood support for this proposal. Robert Aviles, architect for the project, of Robert Aviles Design, 4833 Soquel Drive, Soquel, spoke of the work involved with the project and the need to remove one tree. Kirk Armstrong, 175 Wooded View Drive, spoke of the impact on the rare oak trees on the property and asked for specific measures to be used for their protection. TC: D 11: MM 120400 4 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 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 Town Clerk 1 through 13 Senior Deputy Clerk 1 through 13 Town Treasurer 1 through 13 Deputy Town Treasurer 1 through 13 1 DESIGNATED POSITIONS DISCLOSURE CATEGORY Finance Director 1 through 13 Human Resources Manager 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 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 I through 13 Senior Engineering Technician I 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 1 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 Public Works Supervisor 1 through 13 Parks Maintenance Supervisor 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 POLICE DEPARTMENT Chief of Police 1 through 13 Police Captain 1 through 13 • DESIGNATED POSITIONS DISCLOSURE CATEGORY 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 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 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 November 20, 2000 and adopted by the following vote as an ordinance of the Town of Los Gatos at a 3 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 Joe Pirzynski. NAYS: ABSENT: ABSTAIN: ATTEST: None None None SIGNED: /s/ Joe Pirzynski MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 4