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HomeMy WebLinkAbout03 - List of Designated Employees for 2018PaR m CITY OF �\`S NEWPORT BEACH cy<`o-P City Council Staff Report January 9, 2018 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk - 949-644-3005, (brown@newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk TITLE: Resolution Updating the List of Designated Employees for 2018 Under the City's Conflict of Interest Code ABSTRACT: The City of Newport Beach updates its Conflict of Interest Code annually. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2018-1, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Updated Designated Employees List for 2018. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: The City's Conflict of Interest Code was first adopted in 1977 in response to the enactment of the 1974 Political Reform Act ("Act"). In February of 1990, the City updated its Conflict of Interest Code pursuant to Section 18730 of the Regulations adopted by the Fair Political Practices Commission. The City's Conflict of Interest Code consists of two basic parts: 1. The body of the code contains the provisions required by Section 87302 of the Act, such as the manner of reporting financial interests and the method to be used by designated positions when they are required to disqualify themselves from participating in decisions; and 3-1 Resolution Updating the List of Designated Employees for 2018 Under the City's Conflict of Interest Code January 9, 2018 Page 2 2. The Appendix to the code lists the designated positions within the agency and the corresponding disclosure categories for each position. Prior to the time the disclosure forms are submitted to the City Clerk on an annual basis, the list is reviewed with the City's department directors to determine if there are additions or deletions that need to be made. The positions on the attached Designated Employees List were determined in cooperation with the department directors by evaluating each position to determine their job duties and corresponding disclosure categories. The Disclosure Categories are listed beside each position and indicate the different financial interests within the City of Newport Beach which must be disclosed depending upon whether the duties involve a broad range of duties or involve specific duties, such as contracting or decisions which might affect real property interests. ENVIRONMENTAL REVIEW: Staff recommends the City Council find 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2018-1 3-2 ATTACHMENT A RESOLUTION 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. 3-3 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 9th day of January, 2018. Duffy Duffield Mayor ATTEST: Leilani I. Brown City Clerk APPROVER AS TO FORM: CITY AT N Y'S OFFICE Aaron. arp City Attorney M 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 3-5 Disclosure Categories Communitv Development Deaartment - continued Planning Technician 3,4 Code Enforcement Supervisor 3,4 Code Enforcement Officer 3,4 Code Enforcement Officer Trainee 3,4 Finance Deaartment Finance Director/City Treasurer GC 87200 Deputy Finance Director 1 Revenue Manager 2,3 Budget Manager 2 Purchasing Agent 2 Buyer 2 Fire Deaartment 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 1 Human Resources Manager 2 Library Services Deaartment 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 Deaartment 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 3-6 Disclosure Categories Police Deaartment 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 Deaartment 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 Deaartment Recreation and Senior Services Director 1 Deputy Recreation and Senior Services Director 2 Recreation Manager 2 Senior Services Manager 2 3-7 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 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.