HomeMy WebLinkAboutOrdinance 3838 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
LEGANOTICE
ORDINANCE NO.3838, .
Adopted by the
am the Citizen of the United States and a ;UTYC6,2`009
resident of the County aforesaid; I am over :CIT ORDINANCE TOE
� CITY OF HUNTINGNGTONTHE
.
the age of eighteen years, and not a party HUNCTINGTTON AMENDING
NBEACH
to or interested in the below entitled matter. DELE IING SOEDCTION.
RE-
am a principal clerk of the HUNTINGTON LAT1NG07TO FINAANCIA�
.DISCLOSURE BY THE IN-
EACH INDEPENDENT, a newspaper of VESTMENT ADVISORY
general circulation, printed and published in 'SYNOPSIS: ,
the City of Huntington Beach County of ; STATE
V THAT THE MAN-'
OF
Orange, State of California and the IIN TERESTCOCODE TRE-
;QUIRING •DESIGNATED -
attached Notice is a true and complete copy EMPLOYEES,AND MEM-
BERS OF.CITY,BOARDS,
as was printed and published on the COMMISSIONS, 'AND
following date(s); COMMITTEES TO FILE A
'STATEMENT OF.,ECO-
NOMIC INTEREST.'
COUNCIL POLICY RE- ,
QUIRES THE ANNUAL
REVIEW OF THE CITY
CODE OF ETHICS. ON,
FEBRUARY. 19, 2008,
THE CITY COUNCIL" AP-
PROVED RESOLUTION,;
THE;INVVESO.' 200OTMENT A RELIEVINVI--
July 16, 2009 'SORY, BOARD OF THE,
REQUIREMENT!TO FILE
;A STATEMENT OF ECO-
NOMIC INTEREST.
PASSED AND
,ADOPTED ,b'y, the y Cit
Council of the City of
:Huntington Beach at,a
regular meeting held
July:6, 2009 -by the
[following roll call vote:
:AYES: Carchio, Dwyer,
declare, under penalty of perjury, that the Bohr,Coe NOES:None ne - Hansen"
,
foregoing is true and correct. ABSTAIN'None
ABSENT:Green,Hardy
?HE FULL:TEXT OF THE
IORDINANCE IS,AVAIL-'I
;ABLE LIN THE CITY
CLERK'S OFFICE. ;
This:ordinonce is effec-
Executed on July 21, 2009 tive 3O'days of
adoption:
at Costa Mesa, California CITY OF
HUNTINGTON BEACH
2000;MAIN STREET-.
HUNTINGTON BEACH,
f' CA 92648•.
� 714-536-5227
JOAN L.FLYNN,
CITY CLERK
SI not Published Huntington'
g ! Beach.Independent July
16.2009 073 841j
c'-1
Council/Agency Meeting Held: As/ate
Deferred/Continued to: 1
Ap o ed ❑ onditionall Apr ved ❑ De pied City Irk' S nature
Council Meeting Date: 6/15/2009 Department ID Number: CT 09-010
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: SHARI L. FREIDENRICH, City Treasu
PREPARED BY: SHARI L. FREIDENRICH, City Treas
SUBJECT: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY
DELETING SECTION 2.110.070 THEREOF RELATING TO FINANCIAL
DISCLOSURE BY THE INVESTMENT ADVISORY BOARD
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City modify Chapter 2 of the Huntington Beach Municipal
Code deleting the requirement of the Investment Advisory Board to complete a statement of
Economic Interest to comply with the Conflict of Interest Code approved on February 19,
2008?
Funding Source: Not Applicable.
Recommended Action: Motion to: Adopt Ordinance No. 3838 "An Ordinance
of the City of Huntington Beach amending the Huntington Beach Municipal Code by deleting
section 2.110.070 Thereof Relating to Financial Disclosure by the Investment Advisory
Board."
Alternative Action(s): Do not adopt Ordinance No. 3838
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 Investment Advisory Board of the requirement to file a Statement of Economic Interest.
This request is in conjunction with a request submitted by the Director of Finance to amend
Chapter 2.111 to remove that same reference relating to the Finance Board members.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 6/15/2009 DEPARTMENT ID NUMBER: CT 09-010
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):
' . o - o - o ® - o 0
1. Ordinance No. 3838 "An Ordinance of the City of Huntington
Beach amending the Huntington Beach Municipal Code by deleting
section 2.110.070 Thereof Relating to Financial Disclosure by the
Investment Advisory Board."
2. Le islative Draft of Chapter 2.109.
-2- 6/2/2009 11:12 AM
ATTACHM ENT # 1
ORDINANCE NO. 3838
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY DELETING SECTION
2.110.070 THEREOF RELATING TO FINANCIAL DISCLOSURE BY THE
INVESTMENT ADVISORY BOARD
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Chapter 2.110 of the Huntington Beach Municipal Code,
entitled"Investment Advisory Board" is hereby amended to read as follows:
Chapter 2.110
INVESTMENT ADVISORY BOARD
(3284-5/95)
Sections:
2.110.010 Creation
2.110.020 Composition
2.110.030 Purpose
2.110.040 Duties
2.110.050 Authority
2.110.060 Operating Policies
2.110.070 Reserved
2.110.080 Brown Act
2.110.090 Powers of Appointment
2.110.010 Creation. There is hereby created an Investment Advisory Board.
2.110.020 Composition. The Investment Advisory 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.
2.110.030 Purpose. The Investment Advisory Board shall act in an advisory capacity to
the City Council and City Treasurer in matters pertaining to all the City's investments.
2.110.040 Duties. The Investment Advisory Board shall have the duty to:
(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 Investment Policy, Annual Financial Audits, and any other investment information
determined by the board to be applicable to its annual report. The report shall include any
recommendations by the Board pursuant to Section 2.110.040(b) below.
(b) Review and matte recommendations regarding:
09-1968/30280 1
Ordinance No. 3838
(1) Investment Policies
(2) Annual Investment Audit including review of the Management Letter from the
City's independent financial auditor
(3) Cash Management
(4)Risk-Return Analysis
(5) Long Term Investment
(6)New Investment Sources
(7)Proposed State or Federal Legislation which impacts the City's.Investments
(8)Anticipated Exposure to Loss
(9) Quarterly Reports
(10) Compliance with Investment Policy
(11) Monitor Broker-Dealer Selection and performance.
(c) Meet on a quarterly basis.
(d)Perform such other duties or studies as may be directed by the City Council.
2.110.050 Authority.
(a) It is intended that the Investment Advisory Board act only in an advisory capacity and
not be vested with final authority in the establishment of priorities, the expenditure of
funds or the establishment of the investment policy.
(b) The Board shall not interfere with the duties of any elected or appointed officer
specified in the City Charter.
2.110.060 Operatinlz 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 and shall receive administrative support
from the City Treasurer.
2.110.070 Reserved.
2.110.080 Brown Act. Meetings of the Investment Advisory Board shall be subject to the
open meeting law. (Government Code Section 54950.)
09-1968/30280 2
Ordinance No. 3838
2.110.090 Powers of Appointment.The Investment 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.
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 6th day of July , 2009.
ATTEST: ayor
Q00,M) oj�-
City rk INITIATED AND APPROVED:
REVIEW kDAPPROVED: ity ensurer
City +rator t"R-OVED AS TO FORM:
Cit' Attorney �G
09-1968/30280 3
Ord. No. 3838
STATE OF CALIFORNIA )
COUNTY OF ®RANGE ) 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.Tune 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
1,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 E
Joan L. Flynn, City Clerk Ci Clerk and ex-officio Merk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTAC HMENT #2,
KEY
INSERTIONS: Double underline
DELETIONS
LEGISLATIVE DRAFT
Chapter 2.110
INVESTMENT ADVISOR'BOARD
(3284-5/95)
Sections:
2.110.010 Creation
2.110.020 Composition
2.110.030 Purpose
2.110.040 Duties
2.110.050 Authority
2.110.060 Operating Policies
2.110.070 Financial Disclosure
2.110.080 Brown Act
2.110.090 Powers of Appointment
2.110.010 Creation. There is hereby created an Investment Advisory Board. (3284-5/95)
2.110.020 Composition. The Investment Advisory 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. (3284-5/95)
2.110.030 Purpose. The Investment Advisory Board shall act in an advisory capacity to
the City Council and City Treasurer in matters pertaining to all the City's investments.
(3284-5/95)
2.110.040 Duties. The Investment Advisory Board shall have the duty to: (3284-5/95)
(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 Investment Policy, Annual Financial Audits, and any other investment
information determined by the board to be applicable to its annual report. The report
shall include any recommendations by the Board pursuant to Section 2.110.040(b)
below. (3284-5/95)
(b) Review and make recommendations regarding: (3284-5/95)
(1)Investment Policies (3284-5/95)
(2) Annual Investment Audit including review of the Management Letter from the
City's independent financial auditor (3284-5/95)
(3) Cash Management(3284-5/95)
09-1968/30280 1
KEY
INSERTIONS: Double underline
DELETIONS Stri, ough
(4)Risk-Return Analysis (3284-5/95)
(5) Long Term Investment (3284-5/95)
(6)New Investment Sources (3284-5/95)
(7)Proposed State or Federal Legislation which impacts the City's Investments
(3284-5/95)
(8) Anticipated Exposure to Loss (3284-5/95)
(9) Quarterly Reports (3284-5/95)
(10) Compliance with Investment Policy (3284-5/95)
(11) Monitor Broker-Dealer Selection and performance. (3284-5/95)
(c) Meet on a quarterly basis. (3284-5/95)
(d) Perform such other duties or studies as may be directed by the City Council. (3284-
5/95)
2.110.050 Authority. (3284-5/95)
(a) It is intended that the Investment Advisory Board act only in an advisory capacity and
not be vested with final authority in the establishment of priorities,the expenditure of
funds or the establishment of the investment policy. (3284-5/95)
(b) The Board shall not interfere with the duties of any elected or appointed officer
specified in the City Charter. (3284-5/95)
2.110.060 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 and shall receive administrative support
from the City Treasurer. (3284-5/95)
2.110.070 Reserved. Finaneial Diselosur-e. T aa-Ree withr li f Gevemme +
Code, member-s of the Board shall be r-equir-ed to file appfepfiate statements E)f
ipAe est (3284 5/95)
2.110.080 Brown Act. Meetings of the Investment Advisory Board shall be subject to the
open meeting law. (Government Code Section 54950.) (3284-5/95)
09-1968/30280 2
KEY
INSERTIONS: Double underline
DELETIONS Stfi,
2.110.090 Powers of Appointment. The Investment 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. (3284-5/95)
09-1968/30280 3
CA ROUTING SHEET
INITIATING DEPARTMENT: CITY TREASURER
SUBJECT: An Ordinance of the City of Huntington Beach amending
the Huntington Beach Municipal Code by deleting
section 2.110.070 Thereof Relating to Financial
Disclosure by the Investment Advisory Board
COUNCIL MEETING DATE: I 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 Attorne ) 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 ❑
Lai
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED F®R ADED
Administrative Staff
Deputy City Administrator (Initial) ( )
Mi�T-
City Administrator (Initial) )
Ci Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
® s
RCA Author: SLF