HomeMy WebLinkAbout03 - Updating the List of Designated Employees for 2021 Under the City's Conflict of Interest CodeQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
January 12, 2021
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 No. 2021-1: Updating the List of Designated Employees
for 2021 Under the City's Conflict of Interest Code
/_1 16"t I:f_Tel 6
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. 2021-1, A Resolution of the City Council of the City of Newport
Beach, California, Adopting an Updated Designated Employees List for 2020.
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 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:
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 making or
participating in the making of decisions; and
3-1
Resolution Updating the List of Designated Employees for
2021 Under the City's Conflict of Interest Code
January 12, 2021
Page 2
2. The Appendix to the code lists the positions of those designated employees within the
agency who make or participate in the making of decisions which may foreseeably
have a material effect on economic interests and the corresponding disclosure
categories for each position specifying which kinds of economic interests are
reportable by designated employees in their Statement of Economic Interests.
Prior to the time the Statement of Economic Interests are submitted to the City Clerk on
an annual basis, the list of "Designated Employees" 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 and reported on each Designated Employee's Statement of
Economic Interests 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).
ATTACHMENTS:
Attachment A — Resolution No. 2021-1 with Exhibits
Attachment B — Exhibit 1 (redline)
3-2
ATTACHMENT A
RESOLUTION NO. 2021-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING AN
UPDATED DESIGNATED EMPLOYEES LIST FOR 2021
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 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 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 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 2021 Appendix of Designated
Positions, which reflects staffing changes during 2020 and in effect for 2021, 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.
3-3
Resolution No. 2021-1
Page 2 of 3
Section 2: A designated list of employees and disclosure categories asset forth
in Exhibits 1 and 2, attached hereto and incorporated herein by this reference, is hereby
adopted and incorporated as part of the City of Newport Beach's Conflict of Interest Code.
Section 3: Exhibit 1, attached hereto and incorporated herein, shall be
appended to the Newport Beach Conflict of Interest Code and all previously adopted
Designated Employees Lists are hereby superseded.
Section 4: An Appendix of Disclosure Categories for each of the Designated
Employees is set forth in Exhibit 2, attached hereto and incorporated herein by this
reference.
Section 5: All Designated Employees and other positions listed in Exhibit 1 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 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, Division 6, 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.
3-4
Resolution No. 2021-1
Page 3of3
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 12#h day of January, 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFIC
C
Aaron C. Harp
City Attorney
Attachments: Exhibit 1 - 2021 Appendix of Designated Positions
Exhibit 2 - Appendix of Disclosure Categories
3-5
EXHIBIT 1
2021 APPENDIX OF DESIGNATED POSITIONS
Ci' t Council
GC §87200
f
Office of the CitV Attorney
City Attorney
GC §87200
Assistant City Attorney
1
Deputy City Attorney
1
Paralegal
_.—
2, 3
7
Office of the City Clerk
City Clerk
1
Assistant Cit Clerk
1
Office of the City Manager
City Manager
GC 87240
Assistant City Manager
1
Deputy City Manager
1
Public Information Manager
1
Community Development Department
Community Development Director
1
Deputy Community Development Director
1
Systems & Administrator Manager
2
Administrative Anal st
2, 3,4
BuildingDivision: _ -
Real Pro erty Administrator
1
Senior Plan Check Engineer
k 3,4
Principal Building Inspector
1 3,4
Senior Building Inspector
3,4
Building inspector 11
3, 4
Permit Specialist II
3,4
Principal Civil Engineer
i 3, 4
Civil Engineer
3,4
EMS Plans Examiner
3,4
Principal Engineer 3,4
Planning Technician 3,4
Permit Technician Supervisor 3,4
Pla r7ning 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 11 3,4
Code Enforcement Officer 1 3,4
Code Enforcement Officer Trainee 3,4
3-6
Finance Director/Cit Treasurer
GC §87200
Deputy Finance Director
1
Revenue Manager
2,3 j
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 Ill
3,4
Life Safety Specialist Il
3,4
Fire Facilities Coordinator
2
Harbor De artment
Harbormaster/Director
1
Human Resources Department-'
Human Resources Director
1
Human Resources Manager
2
Library Services Department
Library Services Director
1
Libra Services Manager
2
Adult Services Coordinator Librarian III
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
3-7
Department/Positions
Disclosure
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
EngineeringEngfneering 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 11
2, 3, 4
Public Works Inspector
2, 3, 4
Senior Engineer
2, 3, 4
Water Conservation Coordinator
3,4
Municipal Operations Division:
Deputy Public Works Director —Municipal O erations
1
Assets Maintenance Manager
2,4
City Arborist
2, 3,4
Refuse Manager
2, 3, 4
Field Maintenance Manager
2
Parks and Trees Manager
2
Equipment Maintenance Supervisor
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 II
2
Operations Support Superintendent
2
Senior Management Analyst
2
3-8
3-9
Disclosure
Categories
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.
3-9
EXHIBIT 2
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORY
DESCRIPTION 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 theagency.
3-10
ATTACHMENT B
EXHIBIT 1
202 APPENDIX OF DESIGNATED POSITIONS
Departments/Positions
City Council
Office of the City Attorney
City Attorney
Assistant City Attorney
Deputy City Attorney
Paralegal
Office of the City Clerk
Categories
GC §87200
GC §87200
1
1
2,3
City Clerk
1
Assistant City Clerk
1
Office of the City Manager
City Manager
GC §87200
Assistant City Manager
1
Deputy City Manager
1
Public Information Manager
1
Community Development Department
Community Development Director
1
Deputy Community Development Director
1
Systems & Administrator Manager
2
Administrative Analyst
2, 3, 4
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
Permit Specialist II
3,4
Principal Civil Engineer
3,4
Civil Engineer
3,4
EMS Plans Examiner
3,4
Principal Engineer
3,4
Planning Technician
3,4
Permit Technician Supervisor
3,4
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 II
3 4
Code Enforcement Officer 1
3,4
Code Enforcement Officer Trainee
3,4
3-11
Department/Positions
Categories
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
Fire Marshal
1
Battalion Chief
2
Administrative Manager
2
Life Safety Specialist III
3,4
Life Safety Specialist II
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
Library Services Director
1
Library Services Manager
2
Adult Services Coordinator (Librarian III)
2
Branch and Youth Services Coordinator (Librarian III)
2
Circulation and Technical Processing Coordinator (Librarian III)
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
3-12
Department/Positions
Public Works Department
Categories
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 II
2, 3, 4
Public Works Inspector
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
Refuse Manager
2, 3, 4
Field Maintenance Manager
2
Parks and Trees Manager
2
Equipment Maintenance Supervisor
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 II
2
Operations Support Superintendent
2
Senior Management Analyst
2
3-13
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
Parks. Beaches and Recreation Commission
Plannina Commission
Consultants
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.
3,4
4
GC &87200
3-14