6175ORDINANCE NO. 6175
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
SECTION 1.04.995 OF CHAPTER 1.04 OF TITLE 1 RELATING
TO THE INVESTMENT ADVISORY COMMISSION AND
SECTION 1.04.997 OF CHAPTER 1.04 OF TITLE 1 RELATING
TO THE BUDGET ADVISORY COMMISSION AND ADDING
A NEW SECTION 1.04.996 OF CHAPTER 1.04 OF TITLE 1 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO THE
ESTABLISHMENT OF THE BUDGET, INVESTMENT AND
TECHNOLOGY COMMISSION
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 1.04.995 of Title 1 of the Anaheim Municipal Code be, and the same
is hereby, repealed in its entirety, and that the Investment Advisory Commission is hereby
dissolved.
SECTION 2.
That Section 1.04.997 of Title 1 of the Anaheim Municipal Code be, and the same
is hereby, repealed in its entirety, and that the Budget Advisory Commission is hereby dissolved.
SECTION 3.
That a new Section 1.04.996 of Chapter 1.04 of Title 1 of the Anaheim Municipal
Code be, and the same is hereby, added to read as follows:
1.04.996 BUDGET, INVESTMENT AND TECHNOLOGY COMMISSION.
.010 Establishment. The Budget, Investment and Technology Commission is
hereby established pursuant to Section 900 of the Charter of the City of Anaheim.
.020 Membership.
.0201 For the year ending June 30, 2011, the Commission shall consist of
eleven (11) members, and shall include those persons who were members of the
Investment Advisory Commission as of the effective date of the dissolution of
such Investment Advisory Commission and all persons who were members of the
Budget Advisory Commission as of the effective date of the dissolution of such
Budget Advisory Commission (hereinafter the "Transferred Members"). The
remaining member(s) of the Commission shall be appointed in accordance with
Section 1.04.995.030. Thereafter, commencing July 1, 2011, the Commission
membership shall be reduced to nine (9) members.
.0202 No member of the Commission shall hold any paid office or
employment in the City government and each of whom shall reside or work
within the City of Anaheim. The members shall also meet and retain certain
qualifications, if any, as may be established by resolution of the City Council. No
member shall be financially interested in any contract, or otherwise conduct any
business with, the City or any of its agencies, either on an individual basis or as a
partner, shareholder, member or employee of any firm.
.030 Appointment and Removal. The members of the Commission shall be
appointed by the affirmative votes of a majority of the entire City Council and
shall be subject to removal at any time by motion of the City Council adopted by
the affirmative votes of a majority of the entire City Council.
.040 Term of Office.
.0401 The appointed members shall serve terms of four (4) years, or until
their respective successors are appointed. However, the initial Commission
appointees shall serve the terms specifically expiring as follows:
Five (5) on the thirtieth day of June of the first year following
appointment.
Two (2) on the thirtieth day of June of the second year following
appointment.
Two (2) on the thirtieth day of June of the third year following
appointment.
Two (2) on the thirtieth day of June of the fourth year following
appointment.
.0402 In order to reduce the Commission membership in accordance with
Section 1.04.995.0201, only three of the five vacancies occurring on the thirtieth
day of June of the first year following appointment shall be filled.
.0403 For purposes of complying with Section 1.04.395 relating to
limitations on City board and commission service, the terms served by the
Transferred Members on either the Investment Advisory Board or the Budget
Advisory Board as of the effective date of the ordinance enacting this new
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Chapter 1.04.995 shall be considered a term on this Commission as of the
effective date of this new Chapter.
.050 Vacancies. Any vacancy occurring before the expiration of the
term of a Commission member shall be filled by appointment by the City Council
for the remainder of such term.
.060 Organization, Meetings and Procedures.
.0601 Annually, at its first regular meeting following the first day
of July in each year, the Commission shall elect a Chair and Vice -Chair and
conduct such other business as may be necessary.
.0602 The Commission shall meet regularly at least once each
quarter and shall hold such other meetings as from time to time shall be called in
the manner and form required by law. Meetings shall be conducted in accordance
with Section 904 of the Anaheim City Charter. Regular meeting dates and times
shall be established by the Commission. A majority of the total number of
members of the Commission then in office shall constitute a quorum.
.0603 The meetings and procedures of the Commission shall be
subject to and governed by the resolutions and ordinances of the City Council
establishing rules and regulations for City boards and commissions.
.0604 The Commission shall have the power to appoint
subcommittees of less than a quorum of the Commission to perform tasks within
the scope of the Commission's responsibility and to make reports and
recommendations for consideration by the Commission.
.070 Appropriations. The City Council shall include in its annual budget
such appropriations of funds as, in its opinion, shall be sufficient for the efficient
and proper functioning of the Commission.
.080 No Compensation. Members of the Commission shall serve
without compensation.
.090 Powers and Duties. The Budget, Investment and Technology
Commission is an advisory body to the City Council and, as such, shall have the
following powers and duties:
.0901 Investment Policy
.01 Review the annual investment policy proposed by the City
Treasurer and the monthly City Treasurer's report as submitted to the City
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Council pursuant to Section 53607 of the Government Code; and review other
investment reports, if any, prepared for submission to the City Council.
.02 Make recommendations to the City Council regarding said
investment policy, monthly City Treasurer's reports, and other investment reports,
if any, submitted to the City Council.
.03 Act in an advisory capacity to the City Council in matters
pertaining to the investment of City funds and the funds of other agencies
governed by the City Council and which funds are invested by the City Treasurer
(including but not limited to funds of the Anaheim Redevelopment Agency,
Anaheim Housing Authority, and Anaheim Public Financing Authority).
04 Review and make recommendations on the City Treasurer's
investment strategies and portfolio asset and maturity structure. Emphasis of the
Commission shall be on overall investment activities incorporating cash flow,
permitted investments and risk/return factors. The Commission shall function in a
general oversight capacity and shall not make investment decisions on individual
securities.
0902. Budget
.01 Review the annual budget proposed by the City Manager
pursuant to Section 1201 of the City Charter.
.02 Hold public meetings concerning the proposed annual
budget and make recommendations regarding said budget to the City Council in
conjunction with, and prior to the conclusion of, the public hearing thereon
required pursuant to Section 1202 of the City Charter.
.03 Act in an advisory capacity to the City Council in matters
pertaining to short- and long-range financial planning and funding of City
activities.
.04 Review the City's general fund, capital improvement
program, and special funds budgets, including review of policies and procedures,
time frames, format, and specific allocation proposals. Emphasis of the
Commission shall be on programs and/or major expenditures, not on line item
detail.
.05 Review proposals and make recommendations regarding
new and increased revenue sources.
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.06 Review proposals and make recommendations regarding
service delivery alternatives.
.07 Explore alternative approaches for financing future capital
improvement projects.
.08 It shall not be the purpose of the Commission to advise on
regular or routine Treasury administration. It is intended that the Commission act
in an advisory capacity to the City Council only and that the Commission not be
vested with final authority in the establishment of investment strategies or the
purchase of specific securities nor that it direct City staff to conduct costly
analyses unless specifically directed and approved by the City Council.
.0903. Technology
.01 Act in an advisory capacity to the City Council in matters
relating to the use of that information technology that will assist in the
accomplishment of the City's goals and objectives.
.02 Partner with City leaders and key stakeholders, businesses
and residents to identify long-term, strategic goals and objectives of City
technology uses.
.03 Recommend technologies aimed at addressing the needs of
a diverse cross-section of the City's residents, businesses and visitors.
.04 Review and maintain knowledge of current and future
technology trends.
.0904 Perform such additional duties and functions as may be required
from time to time by specific action and direction of the City Council.
.0905 Receive such administrative support, assistance and information
from the City Manager, and/or such other appointed officers or employees of the
City as directed by the City Manager, and/or such consultants, advisors or
professionals as engaged by the City for such purpose, as may be directed by the
City Council, or as may from time to time reasonably be requested by the
Commission for purposes of performing the duties and functions specified herein;
provided, however, any such requests must be consistent with the City Charter
and all City ordinances, resolutions, contracts, policies and rules, including any
limitations contained in the City Charter which are otherwise applicable to the
City Council or its members.
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SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on theme day of July , 2010, and
thereafter passed and adopted at a regular meeting of said City Council held on the 24thday of
AuguGt- , 2010, by the following roll call vote:
AYE: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
eAAV
MAYOR OF THE CITY OF ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
September 2, 2010
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: September 2, 2010
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
�C/
i
Proof of Publication o
SUmMARy PUBJGTION
CFTY OF ANNIE*A
ORDMMJ ICE NI0.675
AN ORDINANCE OF TIE CITY OF ANAHEIM FVEAUNG SEG
TION 1.04.995 OF CWPM 104 OF TITLE 1 RELATING TO
T}IE ADVISORY COMMISSION AND SECTION
1.04.997 AI 1.04 OF TITLE 1 FIBATMIG TO THE
BUDGETOML*SSI0N AND ADDING A NEW SEG
TION 1041.04.0. LB6 OF CFWPTER 1.04 OF TITLE 1 OF THE ANAHEIM
CODE RELATING
THE BUDGET' INV 7£f ESTABLISHMENTFO THE LOG COMMIS -
SOON
On August 24, 2(110; theCouncil of the CSy of-Ansbaim adopted Ordinance No.
6175 raidingtothe dthtBudge4 iNasbhard and Technology Commieslon.
This ordkuwm abolishes troth the Advisory and hrvaguneM Commissions and
creates a now Budget. briedsnin I and Corunbeion (the 'BIT' Corrarnimion).
The ordinance also adds a tacwK*Wl to the scope ol�ahaibiliies of to
new commission. The Pu me of the ordbnnce is to reduce the of Cly bonds
and ownnvaaione Whig mtrrlainire #W maightan d conbibutions each such owmh"w_
wi
Mdae 110 the CilyConsndi and sts31
1. Linda N. Andel, City Clark of to City of Andheim, do ihaeby milly that the aummay
of Ordiaroo No. 6175 which ordinance Was iNlroduced d a regular meeting al the Cly
Council of the f 1 Arnhem on"27th day d July. 20110 and was duty P+� end
�
adopted sf a regulr WM g of add Coun i on ths 241h day of August, 2010 by the follow-
Ing roi odl Wrote of 00 nbara thereof:
AYES: May« R1ngk, Counoi Merebaw Silo, Hernandez, Galloway, Kr11n9
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
in fla tend of
Orli nae Nni. las' b -n p2 an *pn�iranwdt CMgten of
LL �. � t!!. . s ....,. .w ar euro 9raMlslonh of the «-
To obtain a copy of the tui tend of the ordf^erwrt, Pia owdact tlio
he Oa of the Cly
OwI4 (714) 7655166. between 6A0 AM and 500 Mondaylhrough Friday. There is no
carie for the copy.
Publish:Araheirn Bulletin Sepiernber 2,2M QV7789