HomeMy WebLinkAbout2024-1 - Updating the Appendix of Designated Employees and Appendix of Disclosure Categories of the City of Newport Beach Conflict of Interest CodeRESOLUTION NO. 2024-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPDATING THE
APPENDIX OF DESIGNATED EMPLOYEES AND
APPENDIX OF DISCLOSURE CATEGORIES OF THE CITY
OF NEWPORT BEACH CONFLICT OF INTEREST CODE
WHEREAS, the California Political Reform Act, Government Code Sections
81000 et seq. ("Act"), requires every local governmental agency to adopt and promulgate
a Conflict of Interest Code,
WHEREAS, the Fair Political Practices Commission ("FPPC") has adopted
regulations for compliance with the Act under Division 6 of Title 2 of the California Code
of Regulations ("Regulations"),
WHEREAS, Section 18730 of the Regulations ("Section 18730") provides that
incorporation by reference of the terms of Section 18730, along with the adoption of an
appendix of designated employees by position ("Designated Employees") who make or
participate in the making of decisions which may foreseeably have a material effect on
economic interests, and the formulation of disclosure categories ("Disclosure
Categories") specifying which kinds of economic interests are reportable by Designated
Employees in their Statement of Economic Interests, constitute the adoption and
promulgation of a Conflict of Interest Code as required by Government Code Section
87300 or the amendment of a Conflict of Interest Code within the meaning of Government
Code Section 87306,
WHEREAS, on February 26, 1990, the City Council adopted Resolution No. 90-
21, which adopted Section 18730 as provided under the Regulations, along with an
appendix of Designated Employees ("Appendix of Designated Employees") and an
appendix of Disclosure Categories ("Appendix of Disclosure Categories");
WHEREAS, subsequent to February 26, 1990, the City Council has periodically
adopted resolutions updating the Appendix of Designated Employees and the Appendix
of Disclosure Categories to reflect personnel and staffing position changes; and
WHEREAS, the City Council desires to adopt an updated Appendix of Designated
Employees and Appendix of Disclosure Categories to reflect continuing personnel and
staffing position changes in effect as of the date of this resolution.
Resolution No. 2024-1
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The Regulations, as required by Section 18730, are incorporated
herein by this reference.
Section 2: The Appendix of Designated Employees, which is attached hereto
as Exhibit 1 and incorporated herein by this reference, is hereby adopted and
incorporated as part of the City of Newport Beach Conflict of Interest Code.
Section 3: The Appendix of Disclosure Categories, which is attached hereto as
Exhibit 2 and incorporated herein by this reference, is hereby adopted and incorporated
into the City of Newport Beach Conflict of Interest Code.
Section 4: All previously adopted Appendix of Designated Employees and
Appendix of Disclosure Categories are hereby superseded.
Section 5: All employees listed in the Appendix of Designated Employees shall
file their Statement of Economic Interests with the City Clerk electronically.
Section 6: The City Clerk is hereby instructed to take all necessary actions to
implement compliance with the Regulations, including preparation and distribution of
necessary reporting forms and the subsequent filing and recording of all required reports.
Section 7: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 8: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2024-1
Page 3 of 3
Section 9: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 10: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of January, 2024.
WILL O'NEILL
Mayor
ATTEST:
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachments: Exhibit 1 —Appendix of Designated Employees
Exhibit 2 — Appendix of Disclosure Categories
EXHIBIT 1
APPENDIX OF DESIGNATED POSITIONS
(including elected officials and consultants)
Departments/PositionsDisclosure
..
City Council
GC §87200
Office of the City Attorney
City Attorney
GC §87200
Assistant City Attorney
1
Deputy City Attorney
1
Paralegal
2,3
Office of the City Clerk
City Clerk
1
Deputy City Clerk
1
Office of the City Manager
City Manager
GC §87200
Assistant City Manager
1
Deputy City Manager
1
Public Information Manager
1
Management Analyst
2
IT Manager
2
IT Supervisor
2
Community Development Department
Community Development Director
I
Deputy Community Development Director
1
Systems & Administrator Manager
2
Administrative Analyst
2, 3, 4
Building Division:
Real Property Administrator
3, 4
Senior Plan Check Engineer
3,4
Principal Building Inspector
3,4
Senior Building Inspector
3,4
Building Inspector II
3,4
Permit Specialist II
3,4
Permit Specialist
3,4
Principal Civil Engineer
3,4
Senior Civil Engineer
3,4
Civil Engineer
3,4
EMS Plans Examiner
3,4
Principal Engineer
3,4
Senior Plan Check Engineer
3,4
Planning Technician
3,4
Permit Technician II
3,4
Permit Specialist 11
3,4
Disclosure
Department/Positions Categories
PlanningDivision:
Principal Planner
1
Senior Planner
2, 3, 4
Associate Planner
2, 3, 4
Assistant Planner
3,4
Code Enforcement Supervisor
3,4
Code Enforcement Officer, Senior
3,4
Code Enforcement Officer 1
3,4
Code Enforcement Officer Trainee
3,4
Finance Department
Finance Director/City Treasurer
GC §87200
Deputy Finance Director
1
Revenue Manager
2, 3
Finance Manager
2,3
Purchasing and Contracts Administrator
2
Senior Accountant
2
Senior Buyer
2
Buyer
2
Fire Department
Fire Chief
1
Assistant Fire Chief
1
Assistant Fire Chief of Lifeguard Operations
1
EMS Division Chief
1
Fire Marshal
1
EMS Captain
2
Administrative Manager
2
Management Assistant
2
Life Safety Specialist III
3,4
Life Safety Specialist II
3,4
Life Safety Specialist 1
3,4
Fire Services Coordinator
2
Recreation Coordinator
2
Harbor Department
Harbormaster/Director
1
Deputy Harbormaster
1
Human Resources Department
Human Resources Director
1
Human Resources Manager
2
Library Services Department
Library.Services Director
1
Library Services Manager
2
Adult Services Coordinator Librarian III
2
Branch and Youth Services Coordinator Librarian III
2
Ircu a ion and I echnical Hrocessingoor Ina or
Disclosure
Department/Positions Categories
Police Department
Chief of Police
1
Deputy Chief of Police
1
Support Services Administrator
1
Public Works Department
Administration and Finance Division:
Public Works Director
1
Public Works Finance/Administrative Manager
1
Administrative Analyst
2
Analyst
2
Management Specialist
2
Engineering and Transportation Division:
Deputy Public Works Director/City Engineer — Public Works
1
Administrative Manager
1
Assistant City Engineer
2, 3,4
City Traffic Engineer
1
Principal Civil Engineer
2, 3,4
Senior Civil Engineer
2,3
Senior Civil Engineer -Plan Check
3,4
Associate Civil Engineer
2
Associate Civil En ineer-5%
2
Associate Civil Engineer -Plan Check
2, 3,4
Senior Public Works Inspector
2, 3, 4
Public Works Inspector
21 3,4
Public Works Inspector II
2, 3, 4
Senior Engineer
2, 3, 4
Construction Manager
2, 3, 4
Water Conservation Coordinator
3,4
Municipal Operations Division:
Deputy Public Works Director — Municipal Operations
1
Assets Maintenance Manager
2,4
City Arborist
2, 3, 4
Refuse Manager
2, 3, 4
Field Maintenance Manager
2,3
Parks and Trees Manager
2, 3, 4
Equipment Maintenance Supervisor
i 2
Facilities Maintenance Supervisor
2
Landscape Maintenance Supervisor
2
Recreation and Senior Services Department
Recreation and Senior Services Director
1
Deputy Recreation and Senior Services Director
2
Recreation and Senior Services Manager
2
Utilities Department
Utilities Director
1
Field Superintendent II
2
Operations Support Superintendent
2
Senior Management Analyst
2
PositionsDisclosure
-..
Boards Commissions and Committees
Board of Library Trustees
2
Building and Fire Board of Appeals
314
City Arts Commission
2
Civil Service Board
3
Finance Committee
1
Harbor Commission
3,4
Parks, Beaches and Recreation Commission
4
Planning Commission
GC §87200
Consultants
1
Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to
the following limitation:
The Department Director may determine in writing that a particular
consultant, although a "designated position," is hired to perform a
range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements described in this section.
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 Department Director's
determination is a public record and shall be retained for public
inspection in the same manner and location as this conflict of interest
code.
EXHIBIT 2
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORY•
OF CATEGORY
GC 87200
Must disclose all personal investments and business positions in business entities, sources
of income and interests in real property within Newport Beach. The original Form 700 is filed
with the City Clerk who sends the original to the FPPC.
1
DESIGNATED EMPLOYEES WHOSE DUTIES ARE BROAD AND INDEFINABLE.
Must disclose all personal investments and business positions in business entities, sources
of income and interests in real property within Newport Beach.
CONSULTANTS shall disclose pursuant to the broadest disclosure category in the code
subject to the following limitation:
The Department Director may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that is limited
in scope and thus is not required to fully comply with the disclosure requirements
described in this section. 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 Department Director's determination is a public record
and shall be retained for public inspection in the same manner and location as this
conflict of interest code.
2
DESIGNATED EMPLOYEES WHOSE DUTIES INVOLVE CONTRACTING OR
PURCHASING.
Must disclose investments and business positions in business entities within Newport Beach
and income from sources within Newport Beach which manufacture, sell or provide supplies,
materials, books, machinery, services, equipment or computer equipment of the type utilized
by the City, or utilized by the employee's department.
3
DESIGNATED EMPLOYEES WHOSE DUTIES INVOLVE REGULATORY POWERS.
Must disclose all investments and business positions in business entities within Newport
Beach, and income from sources within Newport Beach which are subject to the regulatory,
permit or licensing authority of the City of Newport Beach.
4
DESIGNATED EMPLOYEES WHOSE DECISIONS MAY AFFECT REAL PROPERTY
INTERESTS.
Must disclose investments and business positions in business entities within Newport Beach,
and income from sources within Newport Beach which engage in land development,
construction or the acquisition or sale of real property, and all interests in real property.
5
POSITIONS WHICH INVOLVE CITY SELF-INSURANCE BENEFITS.
Must disclose all interests in real property, investments and business positions in business
entities within Newport Beach and sources of income within Newport Beach from:
a) Persons or entities which provide services, supplies, materials, machinery or equipment
of the type utilized by the agency.
b) Entities which are engaged in the business of insurance including, but not limited to,
insurance companies, carriers, holding companies, underwriters, brokers, solicitors,
agents, adjusters, claims managers and actuaries.
c) Financial institutions including, but not limited to, banks, savings and loan associations
and credit unions.
d) Entities or persons who have filed a claim, or have a claim pending, against the agency.
EXHIBIT 1
APPENDIX OF DESIGNATED POSITIONS
(including elected officials and consultants)
Departments/PositionsDisclosure
..
CitV Council
GC §87200
Office of the City Attorne
City Attorney
GC §87200
Assistant City Attorney
1
Deputy City Attorney
1
Paralegal
2,3
Office of the Citv Clerk
City Clerk
1
Deputy City Clerk
1
Office of the City Manager
City Manager
GC §87200
Assistant City Manager
1
Deputy City Manager
1
Public Information Manager
1
Management Analyst
2
IT Manager
2
IT Supervisor
2
Community Develol2ment Department
Community Development Director
1
Deputy Community Development Director
1
Systems & Administrator Manager
2
Administrative Analyst
2, 3, 4
Building Division:
Real Property Administrator
3, 4
Senior Plan Check Engineer
3,4
Principal Building Inspector
3,4
Senior Building Inspector
3,4
Building Inspector II
3,4
Permit Specialist II
3,4
Permit Specialist
314
Principal Civil Engineer
3,4
Senior Civil Engineer
3,4
Civil Engineer
3,4
EMS Plans Examiner
3,4
Principal Engineer
3,4
Senior Plan Check Engineer
3,4
Planning Technician
3,4
Permit Technician II
3,4
Permit Specialist 11
3,4
Department/PositionsDisclosure
..
Planning Division:
Principal Planner _
1
Senior Planner
2, 3, 4
Associate Planner
2, 3, 4
Assistant Planner
3,4
Code Enforcement Supervisor
3,4
Code Enforcement Officer, Senior
3,4
Code Enforcement Officer 1
3,4
Code Enforcement Officer Trainee
3,4
Finance Department
Finance Director/City Treasurer
GC §87200
Deputy Finance Director
1
Revenue Manager
2,3
Finance Manager
2,3
Purchasing and Contracts Administrator
2
Senior Accountant
2
Senior Buyer
2
Buyer
2
Fire Department
Fire Chief
1
Assistant Fire Chief
1
Assistant Fire Chief of Life uard Operations
1
EMS Division Chief
1
Fire Marshal
1
EMS Captain
2
Administrative Manager
2
Management Assistant
2
Life Safety Specialist III
3,4
Life Safety Specialist II
3,4
Life Safety Specialist 1
3,4
Fire Services Coordinator
2
Recreation Coordinator
2
Harbor Department
Harbormaster/Director
1
Deputy Harbormaster
1
Human Resources Department
Human Resources Director
1
Human Resources Manager
2
Library Services Department
Library Services Director
1
Library Services Manager
2
Adult Services Coordinator Librarian III
2
Branch and Youth Services Coordinator Librarian III
2
Circulation and Technicalrocessin oor ina or (Librarian 111)
Department/PositionsDisclosure
-..
Police Department
Chief of Police
1
Deputy Chief of Police
1
Support Services Administrator
1
Public Works Department
Administration and Finance Division:
Public Works Director
1
Public Works Finance/Administrative Manager
1
Administrative Analyst
2
Analyst
2
Management Specialist
2
Engineering and Transportation Division:
Deputy Public Works Director/City Engineer — Public Works
1
Administrative Manager
1
Assistant City Engineer
2, 3,4
City Traffic Engineer
1
Principal Civil Engineer
2, 3,4
Senior Civil Engineer
2,3
Senior Civil Engineer -Plan Check
3,4
Associate Civil Engineer
2
Associate Civil En ineer-5%
2
Associate Civil Engineer -Plan Check
2, 3,4
Senior Public Works Inspector
2, 3, 4
Public Works Inspector
2, 3,4
Public Works Inspector II
2, 3, 4
Senior Engineer
2, 3,4
Construction Manager
2, 3, 4
Water Conservation Coordinator
3,4
Municipal Operations Division:
Deputy Public Works Director — Municipal Operations
1
Assets Maintenance Manager
2,4
City Arborist
2, 3,4
Refuse Manager
2, 3, 4
Field Maintenance Manager
2,3
Parks and Trees Manager
2, 3, 4
Equipment Maintenance Supervisor
2
Facilities Maintenance Supervisor
2
Landscape Maintenance Supervisor
2
Recreation and Senior Services Department
Recreation and Senior Services Director
1
Deputy Recreation and Senior Services Director
2
Recreation and Senior Services Manager
2
Utilities Department
Utilities Director
1
Field Superintendent II
2
Operations Support Superintendent
2
Senior Management Analyst
2
PositionsDisclosure
..
Boards Commissions and Committees
Board of Library Trustees
2
Building and Fire Board of Appeals
3,4
City Arts Commission
2
Civil Service Board
3
Finance Committee
1
Harbor Commission
3,4
Parks, Beaches and Recreation Commission
4
Planning Commission
GC §87200
Consultants
1
Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code subject to
the following limitation:
The Department Director may determine in writing that a particular
consultant, although a "designated position," is hired to perform a
range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements described in this section.
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 Department Director's
determination is a public record and shall be retained for public
inspection in the same manner and location as this conflict of interest
code.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-1 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the g1h day of January, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 101h day of January, 2024.
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Leilani I. Brown
City Clerk
Newport Beach, California
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