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HomeMy WebLinkAboutOrdinance 3836 amending the Huntington Beach Municipal Code Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County,State of California,under date of Aug. 24, 1994,case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS. CITY OF--- - COUNTY OF ORANGE ) 'HUNTINGTON BEACH LEGAL NOTICE ' ORDINANCE NO.383.6 Adopted by the City' I am the Citizen of the United States and a coanc11 . 'JULY 6,2009 resident of the County aforesaid; I am over "AN ORDINANCE OF THE 'CITY 'OF, HUNTINGTON the age of eighteen years, and not a party BEACH AMENDING THE .HUNTINGTON BEACH to or Interested In the below entitled matter. MUNICIPAL CODE BY-1 DELETING SECTION; am a principal clerk of the HUNTINGTON 2.109,070.THEREOF RE- LATING TO FINANCIAL BEACH INDEPENDENT, a newspaper of 'DISCLOSURE BY THE FI- NANCE BOARD" general circulation, printed and published in SYNOPSIS: TE - ' 'MAN- the City of Huntington Beach, County of DATES THAT THE CITY ADOPT A,CONFLICT OF, Orange, State of California, and the INTEREST CODE RE- �EMPLOYEES AND MEM DESIGNATED" attached Notice IS a true and Complete Copy ,BERS OF CITY-BOARDS, as was printed and published on the COMMISSIONS, AND 'COMMITTEES TO FILE A following date(s): STATEMENT OF, ECO- NOMIC; INTEREST, COUNCIL', POLICY RE QUIRES 'THE ANNUAL REVIEW OF THE CITY; ,CODE OF ETHICS. ON ' F.EBRUARY 19, 2008, THE CITY COUNCIL AP- i 'PROVED RESOLUTION NO. 2008-09`RELIEVING THE FINANCE BOARD OF THE REQUIREMENT:TO July 16, 2009 ;FILE A STATEMENT OF ECONOMIC INTEREST. PASSED A'ND' ADOPTED by the City `Council.of the City of Huntington Beach at a regular meeting `held July 6, '2009 by ,the following roll call vote: AYES: Carchio, Dwyer, Bohr,Coerper,Hansen NOES:None ' I declare, under p malt of er U , that the ABSTAIN:None y p � ry ABSENT:Green;Hardy fore oin Is true and correct. THE FULL TEXT OF THE g g ORDINANCE IS AVAIL-! ABLE IN THE CITY! CLERK'S OFFICE.. ' This ordinance Is effec-t Live 30 days after Executed on July 21, 2009 adoption. CITY OF at Costa Mesa California HUNTINGTON BEACH r 2000 MAIN STREET HUNTINGTON BEACH„ CA 92648 71.4-536-5227-- JOAN L.FLYNN, CITY CLERK - _ .Published 'Huntington; Beach Independent July, Signature 16,2009 073-839, �y Council/Agency Meeting Held: Deferred/Continued to: 6 4 At ved ❑ on ition %A pr ved U enied Cit erk's ignatur Council Meeting Date: 6/15/2009 Departme4tin Number: 09-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNC MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRAT PREPARED BY: BOB WINGENROTH, DIRECTOR OF FIN NCE,0v SUBJECT: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING SECTION 2.109.070 THEREOF RELATING TO FINANCIAL DISCLOSURE BY THE FINANCE BOARD Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City Attorney has requested modification to Chapter 2 of the Huntington Beach Municipal Code deleting the requirement of the Finance Board to complete a statement of Economic Interest. Funding Source: Not Applicable. Recommended Action: Motion to: Adopt Ordinance No. 3836 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by deleting section 2.109.070 thereof relating to Financial Disclosure by the Finance Board." Alternative Action(s): Do not adopt Ordinance No. 3836 Analysis: State law mandates that the City adopt a Conflict of Interest Code requiring designated employees and members of City boards, commissions, and committees to file a Statement of Economic Interest. Council policy requires the annual review of the City Code of Ethics. On February 19, 2008, the City Council approved Resolution No. 2008-09 relieving the Finance Board of the requirement to file a Statement of Economic Interest. This request is in conjunction with a request submitted by the City Treasurer to amend Chapter 2.111 to remove that same reference relating to the Investment Advisory Board members. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 6/15/2009 DEPARTMENT ID NUMBER: FN 09-001 Strategic Plan Goal: City Services — Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Environmental Status: Not Applicable. Attachment(s): 1. Ordinance No. 3836 "An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by deleting section 2.109.070 thereof relating to Financial Disclosure by the Finance Board." 2. Le islative Draft of Chapter 2.109. -2- 5/19/2009 10:45 AAA ATTACHMENT # 1 ORDINANCE NO. 3836 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING SECTION 2.109.070 THEREOF RELATING TO FINANCIAL DISCLOSURE BY THE FINANCE 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, entitled "Finance Board" is hereby amended to read as follows: Chapter 2.109 FINANCE BOARD (3184-4/93) 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 2.109.080 Brown Act 2.109.090 Powers of Appointment 2.109.010 Creation. There is hereby created a Finance Board. (3184-4/93) 2.109.020 Composition. The Finance Board shall consist of seven(7)members. Each City Council Member shall appoint one member of the Board to serve the same term as the City Council Member. (3184-4/93) 2.109.030 Purpose. The Finance Board shall act in an advisory capacity to the City Council in matters pertaining to financial planning. (3184-4/93) 2.109.040 Duties. The Finance Board shall have the duty to: (3184-4/93) (a) Prepare an Annual Report to the City Council. Annually,by January 20, the Board shall submit a 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. (3184-4/93) (b) Review and make recommendations regarding: (3184-4/93) (1) Fiscal Policies (3184-4/93) (2) Annual Financial Audit including review of the Management Letter from the City's independent financial auditor (3184-4/93) (3) Debt Management (3184-4/93) (4) Capital Improvement Plans and Capital Improvement Budgets (3184-4/93) 09-1960.001/30425 1 Ordinance No. 3836 (5) Long Term Financial Plans (3184-4/93) (6) New and Increased Revenue Sources (3184-4/93) (7) Proposed State or Federal Legislation which impacts the City's finances (3184-4/93) (c) Perform such other duties or studies as may be directed by the City Council. (3184- 4/93) 2.109.050 Authority. (3184-4/93) (a) It is intended that the Finance Board act only in an advisory capacity and not be vested with final authority in the establishment of priorities or the expenditure of funds. (3184-4/93) (b) The Finance Board shall not interfere with the duties of any elected or appointed officer specified in the City Charter. (3184-4/93) 2.109.060 Operating Policies. Except as otherwise provided in this ordinance,the Board shall conform to operating policies for Boards and Commissions as set forth in Chapter 2.100 of the Huntington Beach Municipal Code. (3184-4/93) 2.109.080 Brown Act. Meetings of the Finance Board shall be subject to the open meeting law. (Government Code Section 54950.) (3184-4193) 2.109.090 Powers of Appointment. The Finance 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. (3184-4/93) SECTION 2. This ordinance shall take effect thirty 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 6 th day of July , 2009. ATTEST: A 94;&, /S e-� Mayor Ci lerk INITIATED AND APPROVED AS TO REVJAdi APPROVED: FO Citys ator Yy�v 09-1960.001/30425 2 Ord. No. 3836 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 June 15,2009,and was again read to said City Council at a regular meeting thereof held on July 6,2009, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Carchio, Dwyer, Bohr, Coerper, Hansen NOES: None ABSENT: Green, Hardy 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 July 16,2009. In accordance with the City Charter of said City Joan L. Flynn, City Clerk CK Clerk and ex-officio Verk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTAC H M E N T #2 KEY INSERTIONS: Double underline DELETIONS c*�' Ordinance No. 3836 LEGISLATIVE DRAFT Chapter 2.109 FINANCE BOARD (3184-4/93) 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 F;,,.,neial miss, sufe 2,109.080 Brown Act 2.109.090 Powers of Appointment 2.109.010 Creation. There is hereby created a Finance Board. (3184-4/93) 2.109.020 Composition. The Finance Board shall consist of seven (7) members. Each City Council Member shall appoint one member of the Board to serve the same term as the City Council Member. (3184-4/93) 2.109.030 Purpose. The Finance Board shall act in an advisory capacity to the City Council in matters pertaining to financial planning. (3184-4/93) 2.109.040 Duties. The Finance Board shall have the duty to: (3184-4/93) (a) Prepare an Annual Report to the City Council. Annually, by January 20,the Board shall submit a 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. (3184-4/93) (b) Review and make recommendations regarding: (3184-4/93) (1) Fiscal Policies (3184-4/93) (2) Annual Financial Audit including review of the Management Letter from the City's independent financial auditor (3184-4/93) (3) Debt Management (3184-4/93) (4) Capital Improvement Plans and Capital Improvement Budgets (3184-4/93) (5) Long Term Financial Plans (3184-4/93) (6) New and Increased Revenue Sources (3184-4/93) (7) Proposed State or Federal Legislation which impacts the City's finances (3184-4/93) (c) Perform such other duties or studies as may be directed by the City Council. (3184-4/93) 09-1960.001/30420 1 KEY INSERTIONS: Double underline DELETIONS StflEet ret 2.109.050 Authority. (3184-4193) (a) It is intended that the Finance Board act only in an advisory capacity and not be vested with final authority in the establishment of priorities or the expenditure of funds. (3184-4193) (b) The Finance Board shall not interfere with the duties of any elected or appointed officer specified in the City Charter. (3184-4/93) 2.109.060 Operating Policies. Except as otherwise provided in this ordinance, the Board shall conform to operating policies for Boards and Commissions as set forth in Chapter 2.100 of the Huntington Beach Municipal Code. (3184-4/93) 4- 2.109.080 gown Act. Meetings of the Finance Board shall be subject to the open meeting law. (Government Code Section 54950.) (3184-4/93) 2.109.090 Powers of Appointment. The Finance 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. (3184-4/93) 09-19W001/30420 2 RCA ROUTING SHEEP INITIATING DEPARTMENT: FINANCE SUBJECT: An Ordinance of the City of Huntington Beach amending the Huntington Beach Municipal Code by deleting section 2.109.070 thereof relating to Financial Disclosure by the Finance Board. COUNCIL MEETING DATE: June 15, 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO DED Administrative Staff Deputy City Administrator Initial City Administrator Initial ( . / City Clerk EXPLANATION FOR RETURN OF ITEM: fflelow Sgaco For - • RCA Author: Bob wingenroth