HomeMy WebLinkAbout2018-1 - Adopting an Updated Designated Employees List for 2018RESOLUTION NO. 2018-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING AN UPDATED
DESIGNATED EMPLOYEES LIST FOR 2018
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 Title II, Division VI of the California Code of Regulations
("Regulations"),
WHEREAS, Section 18730 of the Regulations provides that incorporation by reference
of the terms of Section 18730, along with the designation of employees ("Designated
Employees") and the formulation of disclosure categories, constitutes 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
87307;
WHEREAS, on February 26, 1990 the City Council adopted Resolution No. 90-21 which
adopted Section 18730 as provided under the Regulations, along with a Designation of
Employees; and
WHEREAS, subsequent to February 26, 1990, the City Council adopted resolutions
amending the list of Designated Employees. Since the adoption of the resolutions, there have
been further personnel changes and, therefore, the City Council has determined that the City's
Designated Employees List should be updated to reflect these changes. The 2017 Designated
Employees List, which reflects staffing changes during 2016, is attached hereto as Exhibit 1
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newport
Beach, California, as follows:
Section 1: The Regulations as required by Section 18730 are incorporated by
reference.
Section 2: Exhibit 1 sets forth designated employees and disclosure categories and
is hereby adopted and incorporated as part of the City of Newport Beach's Conflict of Interest
Code.
Section 3: Exhibit 1 shall be appended to the Newport Beach Conflict of Interest Code
and all previously adopted Designated Employees Lists are hereby superseded.
Section 4: Exhibit 2, attached hereto and incorporated by reference, outlines the
Appendix of Disclosure Categories for each of the Designated Employees.
Section 5: All Designated Employees and other positions listed in Exhibit 1 shall file
their Statements of Economic Interests with the City Clerk electronically.
Resolution No. 2018-1
Page 2 of 2
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 City Council finds this action 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, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 8: The Recitals provided above are true and correct and are incorporated
into the substantive portion of this resolution.
Section 9: The City Council finds that 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, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
Section 10: 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.
Section 11: 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 V1 day of January, 2018.
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Duffy uff Id
Mayor
ATTEST,;��U
Leilani 1. Brown
City Clerk
APPIR O FORM:
CITY A "S' OFFICE
Wr _
Y
Aaron C. Harp
City Attorney
EXHIBIT 1
2018 APPENDIX OF DESIGNATED POSITIONS
Disclosure
Categories
City Council GC 87200
Office of the Citv Attorne
City Attorney GC 87200
Assistant City Attorney 1
Deputy City Attorney 1
Paralegal 2,3
Office of the City Clerk
City Clerk 1
Assistant City Clerk 1
Office of the Citv Manaaer
City Manager GC 87200
Assistant City Manager 1
Deputy City Manager 1
Administrative Analyst 2
Communitv Develoament Department
Community Development Director
1
Deputy Community Development Director
1
Systems Administrator Manager
2
Administrative Analyst
2
Building Division:
Real Property Administrator
1
Senior Plan Check Engineer
3,4
Principal Building Inspector
3,4
Senior Building Inspector
3,4
Building Inspector II
3,4
RBR Inspector
3,4
Principal Civil Engineer
3,4
Civil Engineer
3,4
Plans Examiner
3,4
Permit Technician Supervisor
3,4
Planning Division:
Planning Manager
1
Principal Planner
1
Senior Planner
2, 3, 4
Associate Planner
2, 3, 4
Assistant Planner
3,4
Disclosure
Categories
Community Development Department - continued
Planning Technician 3,4
Code Enforcement Supervisor 3,4
Code Enforcement Officer 3,4
Code Enforcement Officer Trainee 3,4
Finance Department
Finance Director/City Treasurer
GC 87200
Deputy Finance Director
1
Revenue Manager
2, 3
Budget Manager
2
Purchasing Agent
2
Buyer
2
Fire Department
Fire Chief
1
Assistant Fire Chief
1
Assistant Fire Chief of Lifeguard Operations
1
EMS Division Chief
1
Battalion Chief
2
Administrative Manager
2
Life Safety Specialist III
3,4
Life Safety Specialist II
3,4
Fire Facilities Coordinator
2
Human Resources Department
Human Resources Director
Human Resources Manager
Library Services Department
Library Services Director 1
Library Services Manager 2
Support Services Coordinator (Librarian III) 2
Branch and Youth Services Coordinator (Librarian III) 2
Circulation and Technical Processing Coordinator (Librarian III) 2
Municipal Operations Department
Municipal Operations Director 1
Equipment Maintenance Superintendent 2
Equipment Maintenance Supervisor 2
Equipment Maintenance Supervisor 2
Field Maintenance Superintendent 2
Operations Support Superintendent 2
Parks and Trees Superintendent 2
Senior Management Analyst 2
Automotive Parts Buyer 2
Field Superintendent II 2
Senior Management Analyst 2
Disclosure
Categories
Police Department
Chief of Police 1
Deputy Chief of Police 1
Support Services Administrator 1
Executive Officer to the Chief of Police 2
Support Services Lieutenant 2
Police Fiscal Service/Facility Manager 2
Public Works Deoartment
Director of Public Works
1
Deputy Director of Public Works/City Engineer
1
Public Works Finance/Administrative Manager
1
Administrative Analyst
2
Analyst
2
Assistant City Engineer
2, 3,4
City Traffic Engineer
2, 3,4
Principal Civil Engineer
2, 3, 4
Senior Civil Engineer
2,3
Senior Associate Civil Engineer
2
Senior Civil Engineer -Plan Check
3,4
Associate Civil Engineer
2
Associate Civil Engineer II
2
Associate Civil Engineer -Plan Check
2, 3, 4
Senior Public Works Inspector
2, 3,4
Public Works Inspector
2, 3, 4
Construction Supervisor
2, 3,4
Harbormaster
1
Harbor Resources Division Manager
1
Senior Engineer
2, 3,4
Water Conservation Coordinator
3,4
Recreation and Senior Services Department
Recreation and Senior Services Director 1
Deputy Recreation and Senior Services Director 2
Recreation Manager 2
Senior Services Manager 2
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.
Disclosure
Categories
Boards, Commissions, 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.
EXHIBIT 2
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORYDESCRIPTION
OF .-
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 theagency.
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. 2018-1 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 9th day of January, 2018, and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will
O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said Citythis 101h day of January, 2018.
j,N7tV—_
Leilani I. Brown
City Clerk
Newport Beach, California