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6458 ORDINANCE NO. 6 4 5 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.04.391, 1.04.396, 1.04.450, 1.04.510, 1.04.810, and 1.04.996 OF CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE PROVIDING FOR DISTRICT-BASED NOMINATION OF CITY BOARD AND COMMISSION MEMBERS, RATIFIED BY AN AFFIRMATIVE VOTE OF THE MAJORITY OF THE CITY COUNCIL WHEREAS, at the 2014 General Municipal election, the electors of the City of Anaheim voted to change the way in which council members in the City are elected from an "at large" system to a "by district" system whereby the voters in each district in the City elect a resident of that district to serve on the City Council; and WHEREAS, there are six City Council districts in the City; and WHEREAS, the Mayor of the City is elected at large; and WHEREAS, sections 900 and 902 of the-City Charter authorize the City Council to make appointments to the City boards and commissions named in the Charter, as well as to establish other boards and commissions as appropriate and grant them powers and duties consistent with the Charter; and WHEREAS, the City Council desires to amend the way in which members of City boards and commissions are selected in order to make those appointments representative of the City as a whole, while remaining reflective of the City's by district election system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That section 1.04.391 of Chapter 1.04 be amended to read in full as follows: 1.04.391 DISTRICT-BASED APPOINTMENT OF CITY BOARD AND COMMISSION MEMBERS .010. Appointment. In order to fulfill the purpose of district-based elections and correspond in number to the members of the City Council, all City boards and commissions shall be comprised of seven members with the following exceptions: Library Board and Sister City Commission, which shall retain their existing membership and method of appointment and removal, and the Housing and Community Development Commission, which shall be governed by section 1.04.500 of this Chapter. The Mayor and each district City Council member may directly nominate a member to each seven-member board and commission. Nominations shall be at the discretion of the nominating official, however priority shall be given to eligible district residents. Once nominated, individuals shall be selected for appointment by a majority vote of the City Council. 020. Removal. For those boards and commissions named and established in Article IX of the City Charter(Planning Commission, Parks and Recreation Commission, Library Board, and Public Utilities Board), members shall be removed as provided in the City Charter. All other board and commission members may be removed by a majority vote of the City Council. 030. Term of Service. The terms of service of members of boards and commissions named and established in the City Charter shall be as set forth in the Charter. The terms of service of members of City boards and commissions for which a term of service is not otherwise specified in either the City Charter or this Chapter shall run concurrently with the current term of the district elected official or Mayor who nominated the member. The number of terms of service of a board or commission member shall be calculated from the date the member was first appointed. 040. Applicability. This section 1.04.391 shall not apply to the Anaheim Resort Maintenance District Advisory Board. SECTION 2: That section 1.04.396 of Chapter 1.04 be amended to read in full as follows: 1.04.396 REMOVAL OF BOARD AND COMMISSION MEMBERS DUE TO EXCESSIVE ABSENCES FROM MEETINGS. .010 If a member of a City board or commission shall be absent without cause from either fifty percent or more of meetings held within any 12-month period or three or more consecutive meetings of the board or commission on which that member serves, the secretary or staff liaison to such board or commission shall immediately file a written report thereof with the City Clerk, who shall schedule consideration of the possible removal of the member as an agenda item at the next regular meeting of the City Council, or as soon thereafter as the matter can be considered. Such board or commission member shall be subject to removal by the affirmative votes of a majority of the total membership of the City Council. .020 An absence shall be considered an absence for cause if either(1) the member informs the chairperson or the City staff liaison of such City board or commission of such member's intended absence at least 24 hours prior to the scheduled time of the meeting, or (2) such absence is due to unforeseeable and unavoidable circumstances which circumstances are orally reported and explained by the member at the next regular meeting of the board or commission following such absence, or which are reported and explained in writing to the secretary and staff liaison of the board or commission prior to the next regular meeting of the board or commission. .040 For purposes of this section and sections 1.04.391 and 1.04.395, the term "City board or commission" shall mean and include any board or commission of the City of Anaheim whose members are appointed by the City Council as specified in Article IX of the City Charter or as otherwise created by formal action of the City Council, including the members of any board created by a joint exercise of powers agreement to which the City is a party and pursuant to which the City Council has the power to appoint at least a majority of the board members. .050 For purposes of this section, the term "meeting" shall mean and include any regular, adjourned or special meeting of the City board or commission to which the provisions of this section are being applied. SECTION 3: That section 1.04.450 of Chapter 1.04 be amended to read in full as follows: 1.04.450 CULTURAL AND HERITAGE COMMISSION. The Cultural and Heritage Commission is hereby established pursuant to Section 900 of the Charter of the City of Anaheim. .010 Duties. The Cultural and Heritage Commission shall: (a) Advise the City Council on matters concerning the arts, culture and historic preservation and heritage; (b) Develop prioritized strategies providing recommendations to City Council related to the implementation of the Cultural Arts Plan; (c) Oversee the City's cultural and historical assets (including, but not limited to, the Anaheim Museum and the Mother Colony House). (d) Facilitate cooperative efforts of private individuals, community organizations, and businesses that promote and enhance the cultural and historic environment of the City through events and programs; (e) Develop recommendations concerning the allocation of City resources, as available, for the support of cultural and historic works of art, events, and programs within the City; (f) Explore the need for cultural facilities in the City of Anaheim; (g) Advise and make recommendations with respect to the temporary and/or permanent placement and maintenance of works of art at City-owned facilities; (h) Advise and make recommendations related to the acceptance of gifts of art to the City; (i) Develop a mechanism for soliciting and including public input in the process of selection of works of art and their placement, when appropriate; (j) Recommend for City Council a set of policies and procedures pertaining to visual art in public places; (k) Recommend for City Council a set of goals and annual objectives that will serve the visual, performing, literary, and multi-media arts. (1) Encourage support by private individuals and organizations of the arts and of cultural and historic facilities and programs; (m) Advocate and enlist community interest and participation in the arts and in cultural and historic programs; and (n) Perform such additional functions as may be delegated or required by the City Council from time to time. .020 Advisory Committees. The Commission may appoint advisory committees to oversee the historical and cultural assets of the community. Separate advisory committees may be appointed to address the needs of the Mother Colony House, the Anaheim Museum, Art in Public Places, and other cultural, historical or City heritage purposes as needed. .030 Composition. The Cultural and Heritage Commission shall consist of seven (7) members. (a) The Director of the Department of Community Services or his or her designee shall serve as the liaison to the Commission. (b) The City Manager, the Superintendent of the Anaheim Union High School District and a representative of the Parks and Recreation Commission and the Library Board shall be ex-officio members of the Cultural and Heritage Commission. Such ex-officio members shall have no voting rights at meetings of the Cultural and Heritage Commission and shall not be counted for purposes of determining a quorum for purposes of such meeting. .040 Qualifications. Each member of the Cultural and Heritage Commission shall be a resident of the City of Anaheim at the time of appointment and during the entire tenure of service on the Commission. Appointed members shall not hold any paid office or employment in the City government and shall not be a current officer or board member of any Anaheim-based arts or cultural organization at the time of the appointment and during the entire tenure of service on the Commission. .050 Term of Office. Each member of the Commission shall serve a term that runs concurrently with the current term of the elected official who nominated the member, and until his or her respective successor is appointed and qualified. .060 Unscheduled Vacancies. A vacancy occurring before the expiration of a term of a board or commission member shall be filled by appointment for the remainder of the term in the manner prescribed for appointments in Section 1.04.391. .070 Meetings. The Cultural and Heritage Commission shall meet regularly at least once a month in the City of Anaheim or in a location authorized by the City Council or as otherwise provided by law. 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. The Commission shall comply with the provisions of the Ralph M. Brown Act (commencing with Government Code Section 54950, et seq.). .080 Procedures. 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. .090 Organization. The Cultural and Heritage Commission shall elect one of its members as chairperson on an annual basis, which chairperson shall preside at meetings of the Commission and shall serve at the pleasure of the Commission. .100 No Compensation. Members of the Cultural and Heritage Commission shall serve without compensation. SECTION 4: That section 1.04.510 of Chapter 1.04 be amended to read in full as follows: 1.04.510 COMMISSION MEMBERSHIP AND TERMS. .010 Composition. The Housing and Community Development Commission shall consist of nine members, two of whom shall be tenant members. .020 Appointment. The Commission shall be appointed by the affirmative vote of a majority of the City Council. The Mayor and each City council member shall each directly nominate one member to the Commission, which nomination shall be approved by a majority vote of the City Council. The nomination shall be at the discretion of the nominating elected official, however, priority shall be given to eligible district residents. The two tenant members shall be nominated and appointed by a majority vote of the City Council. .030 Qualifications. Each member of the Housing and Community Development Commission shall be a resident of the City of Anaheim at the time of appointment and during the entire tenure of service on the Commission and shall not hold any paid office or employment in the City government. Tenant members, consistent with the Housing Authorities Law, shall be tenant members at the time of appointment and during the entire tenure of their service. Tenant members shall comply with the applicable provisions of the Housing Authorities Law. .040 Term of Office. Each member of the Commission shall serve a term that runs concurrently with the current term of the elected official who nominated the member and until his or her successor is appointed and qualified. .050 Unscheduled Vacancies. A vacancy occurring before the expiration of the term of a Commission member shall be filled by appointment for the remainder of the term in the manner prescribed for appointments in Section 1.04.391. SECTION 5: That section 1.04.810 of Chapter 1.04 be amended to read in full as follows: 1.04.810 COMMUNITY SERVICES BOARD; MEMBERSHIP AND TERMS. .010 Composition. The Community Services Board shall consist of seven members. .020 Qualifications. Each member of the Board shall be a resident of the City of Anaheim at the time of appointment and during the entire tenure of service on the Commission and shall not hold any paid office or employment in the City government. .030 Term of Office. Each member of the Board shall serve a term that runs concurrently with the current term of the elected official who nominated the member and until his or her successor is appointed and qualified. .040 Unscheduled Vacancies. A vacancy occurring before the expiration of a term of a board member shall be filled by appointment for the remainder of the unexpired term in the manner prescribed for appointments in Section 1.04.391. SECTION 6: That section 1.04.996 of Chapter 1.04 be amended to read in full 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 Composition. The Commission shall consist of seven (7) members. .030 Qualifications. Each member of the Commission shall be a resident of the City of Anaheim at the time of appointment and during the entire tenure of service on the Commission and shall not hold any paid office or employment in the City government. 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. .040 Term of Office. Each member of the Commission shall serve a term that runs concurrently with the current term of the elected official who nominated the member and until his or her successor is appointed and qualified. .050 Unscheduled Vacancies. Any vacancy occurring before the expiration of the term of a Commission member shall be filled by appointment for the remainder of such term in the manner prescribed for appointments in Section 1.04.391. .060 Organization,Meetings and Procedures. .0601 The Commission shall elect one of its members as a chairperson on an annual basis, which chairperson shall preside at meetings of the Commission and shall serve at the pleasure of the Commission. .0602 The Commission shall meet regularly at least four times each year 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 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 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. .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. SECTION 7. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation,published and circulated in the City of Anaheim, and thirty (30) days from and after its fmal passage, it shall take effect and be in full force. SECTION 8. 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 15th day of January, 2019, and thereafter passed and adopted at a regular meeting of said City Council held on the 29th day of January 2019, by the following roll call vote: AYES:Mayor Sidhu and Council Members Kring, Faessel, and O'Neil NOES:Council Members Barnes, Brandman, and Moreno ABSENT: None ABSTAIN: None CITY ANAHEIM By: /I MA • : 6 I IT OF ANAHEIM CITY CLERK 0 THE CITY OF ANAHEIM 130900 Acting City Clerk CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6458 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of January, 2019, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of January, 2019, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Faessel, and O'Neil NOES: Council Members Barnes, Brandman, and Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 31st of January, 2019 CITY ERK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 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. 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: 02/07/2019 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 Anaheim, Orange County, California, on Date: February 07, 2019. Signature PROOF OF PUBLICATION Legal No. 0011231446 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING SECTIONS 1.04.391, 1.04.396, 1.04.450, 1.04.510, 1.04.810, and 1.04.996 OF CHAP- TER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE PROVIDING FOR DISTRICT -BASED NOMINA- TION OF CITY BOARD AND COMMISSION MEMBERS, RATIFIED BY AN AFFIRMATIVE VOTE OF THE MA- JORITY OF THE CITY COUNCIL The primary purpose of this ordinance is to amend sections of Chap- ter 1.04 of Title 1 of the Anaheim Municipal Code to restructure the method in which board and commission members are appointed. The ordinance provides that i) the Mayor and Council Members may nominate individuals to serve on City Boards and Commissions, and ii) those nominations are subiect to ratification by a majority vote of the City Council. Prior to this amendment, the Mayor and City Coun- cil Members had authority to make direct appointments to City Boards and Commissions, with the exception of the Sister City Com- mission and the Library Board, ::ithout the concurrence of or ratifi- cation by the City Council. The ordinance does not apply to or alter appointments to the Sister City Commission or the Library Board, and appointments to those bodies continue to me made by a majority vote of the City Council. I, Theresa Bass, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6458, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on January 15, 2019 and was duly Passed and adopted at a regular meeting of the Council on January 29, 2019 by the following roll cal I vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Faessel and O'Neil NOES: Council Members Barnes, Brandman and Moreno ABSENT: None ABSTAIN: None The above summary is a brief description of the subject matter con. tained in the text of Ordinance No. 6458, which has been Prepared Pur- suant to Section 512 of the Charter of the City of Anaheim. This sum. mary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- nance. To obtain a copy of the full text of the ordinance, Please contact the Office of the City Clerk, (714) 765.5166, between 8:00 a.m. and 5:00 p.m., Monday through Friday. There is no charge for the COPY. Published Anaheim Bulletin February 7, 2019 11231446 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6458 and was published in the Anaheim Bulletin on the 7t" day of February, 2019. c CITY CLERK OF THE CITY OF ANAHEIM (SEAL)