HomeMy WebLinkAbout2023-1 - Updating the Appendix of Designated Employees and Appendix of Disclosure Categories of the City of Newport Beach Conflict of Interest CodeRESOLUTION NO. 2023-1
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 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 ("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 list of
Designated Employees ("Appendix of Designated Employees") and corresponding
Disclosure Categories ("Appendix of Disclosure Categories");
WHEREAS, subsequent to February 26, 1990, the City Council has periodically
and annually adopted resolutions amending the Appendix of Designated Employees and
Appendix of Disclosure Categories to reflect continuing personnel and staffing position
changes within the City; and
WHEREAS, an updated Appendix of Designated Employees and Appendix of
Disclosure Categories has been prepared which reflects the most current staffing
changes in effect as of the date of this resolution.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Resolution No. 2023-1
Page 2 of 3
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 into 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 identified by position 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 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.
Resolution No. 2023-1
Page 3 of 3
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.
ADOPTFD thic i nth riav of .Inns mry 7n,)*i
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
.. ries
City Council
7
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 L87200
Assistant City Manager
1
Deputy City Manager
1
IT Manager
2
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, 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
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, Senior
3,4
Code Enforcement Officer 1 3,4
Code Enforcement Officer Trainee 3 4
Department/PositionsDisclosure
-..
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
Administrative Manager
2
Life Safety Specialist 111
3,4
Life Safety Specialist II
3,4
Life Safety Specialist 1
3,4
Fire Facilities Coordinator
2
Harbor Department
Harbormaster/Director
1
Human Resources Department
Human Resources Director
1
Human Resources Manager
2
Library Services De artment
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
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
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
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 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
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
Beach Maintenance Supervisor
2
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 Manager
2
Senior Services Manager
2
Utilities Department
Utilities Director
1
Field Superintendent II
2
Operations Support Superintendent
2
Senior Management Analyst
2
Positions
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.
Exhibit 2
APPENDIX OF DISCLOSURE CATEGORIES
CATEGORY•
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 the agency.
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. 2023-1 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 10th day of January, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member
Joe Stapleton, Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11th day of January, 2023.
Ak
Leilani I. Brown
City Clerk
Newport Beach, California