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Home My WebLink AboutAbolish Consolidated Finance and Investment Advisory Board - P F PUBLICATION CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA) LEGAL NOTICE , ORDINANCE NO.3923 Adopted byy the Cittyy SS. Council on NOVEMBER 7,2 ) 'AN ORDINANCE OF COUNTY OF ORANGE THE CITY OFF H HUNTING-' TON BEACH AMENDING TITLE 2 OF THE HUN- TINGTON BEACH MU- am a citizen of the United States and a NICIPAL CODE BY RE-, PEALING .AN.D resident of the County of Los Angeles; 1 DELETING CHAPTER � 2.109 THEREOF PER- am over the age of eighteen years� NANCE and A TO THE FI- CE AND INVEST- MENT not a party to or Interested In the notice :BOARD." ADVISORY published. I am a principal clerk of the SYNOPSIS: p P p ,THIS ORDINANCE HUNTINGTON BEACH ABOLISHES .THE FINANCE SOLIDATED FINANCE INDEPENDENT, which was adjudged a vsolty eoalD ns Re-i BY THE CIT newspaper of general circulation on CCOUNCILDAT ITS ME TY September 29, 1961, case A6214, and 12011oF. ocroBER 3;i June 11, 1963, case A24831, for the PASSED AND ADOPTED �-+ ,by the City Council of Cityof Huntington Beach, Count of 'the City of'Huntington g Y ,Beach, at a regular Orange, and the State of California. meeting held November ?, 2011.by the follow- ing roll call vote: Attached to this Affidavit is a true and (AYES: Hansen., com lete co as was printed and I carcnio,Bohr,Dwyer p copy ,1NOES: Harper,,_Shaw,' published on the following date(s): 'ABSTAIN:None ABSENT:Nomi Thursday, November 17, 2011 THE FULL TEXT AVAHE ORDINANCE IS AVAIL- ABLE IN THE CITY CLERK'S OFFICE. This ordinance is' of fective 30.days'after adoption.- ' certify (or declare) under penalty CITY OF HUNTINGTON BEACH 2000 MAIN STREET of perjury that the foregoing Is true HUNTINGTON,BEACH,i p J Y g g CA 92648 and correct. 7114-536-5227 ,AN L,FLYNN,CITY CLERK . ' t Published, Hunting-1 ton'Beach'Independent I Novembec.17,"2011 Executed on November 21 , 2011 at Los Angeles, California Signature AoAaoua a e a Q Council/Agency Meeting Held: /0 1/4-� // Deferred/Continued to: /f 14 ,zl1 'A Ap r ved ❑9. onditio all Ap r ved El Denied �, � y Cle 's Si tune Council Meeting Date: October 17, 2011 Department ID Number: CA 11-012 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Approve for introduction Ordinance No. 3923 amending the Huntington Beach Municipal Code by adopting an ordinance that abolishes the consolidated Finance and Investment Advisory Board as requested by the City Council at its meeting of 10/3/11 Statement of Issue: The City Council is asked to amend the Huntington Beach Municipal Code by adopting an ordinance that abolishes the consolidated Finance and Investment Advisory Board as requested by the City Council at its meeting of October 3, 2011. Financial Impact: Not Applicable. Recommended Action: Motion to: Approve for introduction Ordinance No. 3923, "An Ordinance of the City of Huntington Beach Amending Title 2 of the Huntington Beach Municipal Code by Repealing and Deleting Chapter 2.109 Thereof Pertaining to the Finance and Investment Advisory Board." Alternative Action(s): Motion to: Approve for introduction Ordinance No. 3919, "An Ordinance of the City of Huntington Beach Amending Chapter 2.109 of the Huntington Beach Municipal Code Creating the Finance Advisory Board." xB -125- Item 12. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 10/17/2011 DEPARTMENT.ID NUMBER: CA 11-12 Analysis: On October 3, 2011, the City Council directed.the City Attorney to return with an ordinance repealing Chapter 2.109 of the Huntington Beach Municipal Code related to the Finance and Investment Advisory Board. This ordinance is presented to the City Council as Ordinance No. 3923, and will be approved for introduction upon adoption of the recommended action. The City Council is asked to amend the Huntington Beach Municipal Code by adopting an ordinance that abolishes the consolidated Finance and Investment Advisory Board as requested by the City Council at its meeting of October 3, 2011. Presented as an alternative action is Ordinance No. 3919, which amends Chapter 2.109 to establish a new Finance Advisory Board. Environmental Status: Not Applicable. Strategic Plan Goal: Improve Internal and External Communication Attachment(s): 1. Ordinance No. 3923, "An Ordinance of the City of Huntington Beach Amending Title 2 of the Huntington Beach Municipal Code by Repealing and Deleting Chapter 2.109 Thereof Pertaining to the Finance and Investment Advisory Board" 2. Legislative Draft of Ordinance No. 3923 3. Ordinance No. 3919, "An Ordinance of the City of Huntington Beach Amending Chapter 2.109 of the Huntington Beach Municipal Code Creating the Finance Advisory Board" 4. Legislative Draft of Ordinance No. 3919 Item 12. - 2 HB -126- ATTACHMENT # 1 ORDINANCE NO. 3923 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 2 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING AND DELETING CHAPTER 2.109 THEREOF PERTAINING TO THE FINANCE AND INVESTMENT ADVISORY BOARD The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Chapter 2.109 of the Huntington Beach Municipal Code, relating to the Finance and Investment Advisory Board, is hereby deleted and repealed in its entirety. SECTION 2. That this ordinance shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of November , 201 1 6 J Y ATTE e;),,,'. ity Clerk APPROVED AS TO FORM: REVIEW APPROVED: City Attorney Ci M ager 11-3082/71178 Ord. No. 3923 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on October 17, 2011, and was again read to said City Council at a regular meeting thereof held on November 7, 2011, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Carchio, Bohr, Dwyer NOES: Harper, Shaw, Boardman ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on November 17,2011. In accordance with the City Charter of said City Joan L. Flynn, City Clerk Ci Clerk and ex-officio erk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 ORDINANCE NO. 3923 LEGISLATIVE DRAFT FINANCE AND TA- aSrTzEN ADVISORY BOARD Creation. There ;s hereby , to Fi fl „ o „,1 r + + A,1 B a 2.109.010 va vraa.avaa. There v au hereby V,' VivµL�LA LL 1 11 2.109.020 $1tiA:: . The Tiircriiee-cii}d rir'srcJcnrcmTra-cT.sv�a shall rvvrrsrsc-vrerevcft Eaeh City Couneil Membef shall appaiftt ene membef ef the Board to sefve the same tefm as City Catmeil Member, GL1aLA the C Budget,ity's investments. the adopted 'r investm Peli.y, „,1 any other-f:. al and investmetA infiennation a,.+ ea by the n_ fa 4o be uppric"1=ble to ,.ludo afiy feeeffiffiefida4iens 1. the Beafd i `✓l LVVL and Cash Manageme ( )New uaa iIeavusvuRv Revenue uiiui 1 (8) Risk Retuffi Anal, 11-3082/71182 m) A„4; ;„.,4e d E , 0 4 Less `/l L aaa La Vab.L{a LV (a a) vvauNaauaaVe„ ith investment Pe� (1 2) Ad,.„;4 f Dfekef De lef eleetion 4' ,d D f ( \ Do,.F,«-,, c ..b. ether-.d„4;o,. .. sttt d;os , b e .difee4o.d b y the r;4„ !'�,,,, '1 �..� �va�vaaaa .,Lavaa vLuva uuLaV.� vi .�Luuava uo�ii" , (a) it is intended that the Finanee and liwestmefA Advisefy Board aet only in aft advisefy eapaeity and not be vested with final authority in the establishment of pfiefifies,the expeadittif-e of f�,iu„uuo,dam of 4b,o o st b.l;..h v„4 of the o s4w,0„4„ 1;vi appein4ed offleef speeified , 7 1 nn 080 D A 4 Meetings f 4L Finanee .7 investment A�dyi Dear-�d shall b e �,,,bjec4 c..avi.vvv a�av vvu L aVL L,avVLau�a vi Lllii to LUV vYaria meeting . The 2.109.090 ,,,,,Dv«s of App6 �-7e Finanee 'dcricrlffvcscmcn4 Adaf Beafd shall the „tb,;„ seepe of Ld„4;o, 2 11-3082/71182 ATTAC H M E N T #3 ,tem ,z 8 He -132- ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.109 OF THE HUNTINGTON BEACH MUNICIPAL CODE CREATING THE FINANCE ADVISORY BOARD The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.109.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.109.010 Creation. There is hereby created a Finance Advisory Board. SECTION 2. Section 2.109.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.109.020 Composition. The Finance Advisory Board shall consist of up to seven(7)members. Each City Council Member may appoint one member of the Board to serve the same term as the City Council Member. SECTION 3. Section 2.109.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.109.030 Purpose. The Finance Advisory Board shall act in an advisory capacity to the City Council in matters pertaining to financial planning. SECTION 4. Section 2.109.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.109.040 Duties. The Finance Advisory Board shall have the duty to: (a) Prepare an Annual Report to the City Council. In preparing this report,the Board shall review the adopted Budget,Annual Financial Audits,Capital Improvement Plans/Budgets,and any other financial information determined by the Board to be applicable to its annual report. The report shall include any recommendations by the Board pursuant to 2.109.040(b)below. (b) Review and make recommendations regarding: (1) Fiscal Policies (2) Annual Financial Audit including review of the Management Letter from the City's independent financial auditor 11-2779.001/68&9 1 HB -133- Item 12. - 9 (3) Debt and Cash Management (4) Capital Improvement Plans and Capital Improvement Budgets (5) Long Term Financial Plans (6) New and Increased Revenue Sources (7) Proposed State or Federal Legislation which impacts the City's finances (c) Meet on a quarterly basis. (d) Perform such other duties or studies as may be directed by the City Council. SECTION 5. Section 2.109.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.109.050 Authority. (a) It is intended that the Finance Advisory Board act only in an advisory capacity and not be vested with final authority in the establishment of priorities or the expenditure of funds. (b) The Finance Advisory Board shall not interfere with the duties of any elected or appointed officer specified in the City Charter. SECTION 6. Section 2.109.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.109.060 01Nrating Policies. Except as otherwise provided in this ordinance,the Finance Advisory Board shall conform to operating policies for Boards and Commissions as set forth in Chapter 2.100 of the Huntington Beach Municipal Code. SECTION 7. Section 2.109.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.109.080 Brown Act. Meetings of the Finance Advisory Board shall be subject to the open meeting law. SECTION 8. Section 2.109.090 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.109.090 Powers of ApRointment. The Finance Advisory Board shall have the power to appoint subcommittees of not more than three (3)of its own members to perform tasks within the scope of duties. i 11-2779MI/68649 2 Item 12. - 10 I-113 -134- SECTION 9. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2011. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Uo 0kct\t1 REVIEWED AND APPROVED: I I TED APPROV D: City Manager Finance hirector 11-2779.001/68649 3 HB -135- Item 12. - 11 ATTACHMENT #4 ], KEY INSERTIONS: Double underline DELETIONS S£kedvetgh- LEGISLATIVE DRAFT Chapter 2.109 FINANCE ADVISORY BOARD (3184-4/93,3836-8/09,3911-3/11) Sections: 2.109.010 Creation 2.109.020 Composition 2.109.030 Purpose 2.109.040 Duties 2.109.050 Authority 2.109.060 Operating Policies 2.109.070 Repealed—Ordinance No.3836-8/09 2.109.080 Brown Act 2.109.090 Powers of Appointment 2.109.010 Creation. There is hereby created a Finance and Lvves Advisory Board. (3911-3/11) 2.109.020 Composition_. The Finance and hwestme Advisory Board shall consist of eleven seven(7)members by attfifien Each City Council Member sha11- appoint one member of the Board to serve the same term as the City Council Member. (3911-3/11) 2.109.030 Purpose. The Finance and hivestme Advisory Board shall act in an advisory capacity to the City Council in matters pertaining to financial planning- aftd the (3911-3/11) 2.109.040 Duties. The Finance and Board shall have the duty to: (a) Prepare an Annual Report to the City Council. In preparing this report,the Board shall review the adopted Budget,Annual Financial Audits, Capital Improvement Plans/Budgets, lm,e *, efA 1 ediey, and any other financial information determined by the Board to be applicable to its annual report. The report shall include any recommendations by the Board pursuant to 2.109.040(b)below. (3911-3/11) (b) Review and make recommendations regarding: (1) Fiscal Policies (3911-3/11) (2) Annual Financial Audit including review of the Management Letter from the City's independent financial auditor (3911-3/11) (3) Debt and Cash Management (3911-3/11) (4) Capital Improvement Plans and Capital Improvement Budgets (5) Long Term Financial Plans aftd Iftyestme (3911-3/11) (6) New and Increased Revenue anWer Inves Sources (3911-3/11) Huntington Beach Municipal Code Chapter 2.109 Page 1 of 2 3/24/11 xB -137- Item 12. - 13 (7) Proposed State or Federal Legislation which impacts the City's finances or:..-,e ,_ N.ts (3911-3111) (88) D'n.'rsir%et�Analysis ,7a—�v�or�TTi r1 m QaaAe 4y>?e.,�,� (c) Meet on a quarterly basis (e4d) Perform such other duties or studies as may be directed by the City Council. 2.109.050 Authority. (a) It is intended that the Finance aad h-westment Advisory Board act only in an advisory capacity and not be vested with final authority in the establishment of priorities3 the expenditure of funds ef the establishment of the investment pehey. (3911-3111) (b) The Finance efid lavestin Advisory Board shall not interfere with the duties of any elected or appointed officer specified in the City Charter. (3911-3/11) 2.109.060 Operating Policies. Except as otherwise provided in this ordinance,the Finance Advisory Board shall conform to operating policies for Boards and Commissions as set forth in Chapter 2.100 of the Huntington Beach Municipal Code. 2.109.080 Brown Act. Meetings of the Finance and—Invest- Advisory Board shall be subject to the open meeting law. (Government Code Section 54950.) (3911-3/11) 2.109.090 Powers of Appointment. The Finance and hwestfae> Advisory Board shall have the power to appoint subcommittees of not more than three (3)of its own members to perform tasks within the scope of duties. (3911-3/11) Huntington Beach Municipai Code Chapter 2.109 Page 2 of 2 11-2779.001/68659 I Item 12. - 14 BB -138- COMMUNICATION RECEIVED REGARDING AGENDA ITEM: ORDINANCE NO. 3923 AMENDING TITLE 2 OF THE HBMC BY DELETING CHAPTER 2.109 PERTAINING TO THE FINANCE AND INVESTMENT ADVISORY BOARD Esparza, Patty From: Stephenson, Johanna Sent: Tuesday, October 18, 2011 4:57 PM To: City Clerk's Office Subject: FW: Finance Board -----Original Message----- From: Erik Peterson [mailto:erikpetersonhb@me.com] Sent: Tuesday, October 18, 2011 4:49 PM To: Boardman, Connie; Shaw, Joe Cc: Stephenson, Johanna Subject: Finance Board Council Members Boardman and Shaw, I'm writing both of you to thank you for your attempt to save the Finance Board. As a former member of the Board, I always enjoyed the opportunity to work with other willing residents in an advisory capacity. I feel the Council has lost a great tool to help them wade through the financial minutia of this City and the citizens have lost some transparency with their local government. Thank you again, Erik Peterson 1