HomeMy WebLinkAbout2019-1 - An Updated Designated Employees List for 2019RESOLUTION NO. 2019-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING AN
UPDATED DESIGNATED EMPLOYEES LIST FOR 2019
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 provides that incorporation by
reference of the terms of Section 18730, along with the designation of 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 specifying which kinds of economic interests are reportable by
Designated Employees in their statements 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 a
designation of employees by position and the formulation of disclosure categories, as the
Conflict of Interest Code for the City of Newport Beach; 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 changes in staffing positions
and, therefore, the City Council has determined that the City's Designated Employees
List should be updated to reflect these changes. The 2019 Designated Employees List,
which reflects staffing changes during 2018 and in effect for 2019, is attached hereto as
Exhibit 1 and incorporated herein by this 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
herein by this reference.
Resolution No. 2019-1
Page 2 of 3
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 herein by this 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.
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: 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 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 8th day of January, 2019.
I
Diane B. Dixon
Mayor
ATTEST:
h" J
0
POA4--
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATT S OFFICE
-Aaron C.ar
City Attor
Resolution No. 2019-1
Page 3 of 3
EXHIBIT 1
2019 APPENDIX OF DESIGNATED POSITIONS
Department/Positions
Disclosure
Categories
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
I
Assistant City Clerk
1
Office of the City Manager
City Manager
GC §87200
Assistant City Manager
1
Deputy City Manner
1
Administrative Analyst
2
Community Development Department
Community Development Director
1
Deputy Community Development Director
1
Systems Administrator Manager
— 2
Administrative Analyst
ButUding Division:
2, 3,4
Real Property Administrator
1
Senior Plan Check Engineer
3,4
Principal Building Inspector
Senior Building Inspector
Building Inspector 11
RBR Inspector
Principal Civil Engineer
Civil Engineer
Plans Examiner
Permit Technician Supervisor
Planning Division:
--3,4
--3,4
3,4
3,4
3,4
--3,4
--3,4
--3,4
Planning Manager
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
2,3,4
2,3,4
Planning Technician
Code Enforcement Supervisor
Code Enforcement Officer
Code Enforcement Officer Trainee
--3,4
3,4
3,4
—3,4
—3,4
Department/Positions
•
.•
Finance
Finance Department
rt
!irector/City
c
Finance Director/Cit
to r 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
Fire Marshal
1
Battalion Chief
2
Administrative Manager
2
Life Safety Specialist 111
3,4
Life Safety Specialist 11
3,4
Fire Facilities Coordinator
2
Harbor Department
Harbormaster/Director
1
Human Resources Department
Human Resources Director
1
Human Resources Manager
2
Library Services Department
Libra y Services Director
1
Library Services Manager
Adult Services Coordinator (Librarian 111)
—2
2
Branch and Youth Services Coordinator (Librarian 111)
2
Circulation and Technical Processing Coordinator (Librarian 111)
2
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
Department/Positions
Categories
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
Senior Management Analyst
2,3
Engineering and Transportation Division:
Deputy Public Works Director/Cit Engineer — Public Works
1
Administrative Manager
1
Assistant City Engineer
2, 3, 4
City Traffic Engineer
2, 3, 4
Principal Civil Engineer
2, 3, 4
Senior Civil Engineer
2,3
Senior Civil Engineer -Plan Check
3,4
Assistant Civil Engineer
2
Associate Civil Engineer
2
Associate Civil Engineer -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
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
Field Maintenance Manager
2
Parks and Trees Manager
2
Senior Management Analyst '
2
Automotive Parts Buyer
2
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
Utilities Department
Utilities Director
1
Field Superintendent 11
2
Operations Support Superintendent
2
Senior Management Analyst
2
Disclosure
Categories
Boards Commissions and Committee
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
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 ac uisition or sale of real property, and all interests in real property.
3
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. 2019-1 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 8th day of January, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro
Tem Will O'Neill, Mayor Diane Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 91h day of January, 2019.
Ad'ArW
�,
Leilani I. Brown
City Clerk
Newport Beach, California