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HomeMy WebLinkAbout05 - Amending the Term of Citizen Appointees and Changing the Meeting Schedule of the Finance Committee - AmendedQ SEW Pp�T CITY OF s NEWPORT BEACH C'94IF09 City Council Staff Report September 12, 2017 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dan Matusiewicz, Finance Director - 949-644-3123, dmatusiewicz@newportbeachca.gov PREPARED BY: Steve Montano, Deputy Finance Director, smontano a@newportbeachca.gov PHONE: 949-644-3240 TITLE: Resolution No. 2017-58: Amending the Term of the Finance Committee's Citizen Appointees ABSTRACT: V4 The proposed changes to the Finance Committee's authorizing resolution will align the terms of citizen appointees with the fiscal year, as opposed to the calendar year and clarify the duration of a Citizen Appointee's term as one year or until their successor is appointed and qualified. This is a request by Council Member William O'Neill. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2017-58, A Resolution of the City Council of the City of Newport Beach, California, Amending the Term of the Finance Committee's Citizen Appointees, as follows: (1) modify the term of the Finance Committee's Citizen Appointees to align with the fiscal year and (2) clarify the duration of a Citizen Appointee's term as one year or until their successor is appointed and qualified. c) Extend the term of existing citizen appointees through June 30, 2018. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Since the newly -reconfigured Finance Committee began its work in 2015, a few issues have arisen that could improve the manner in which the Committee conducts its business. 5-1 Importantly, Committee members were appointed by the Council in January of any one year, right in the middle of budget discussions. The proposed changes to the Committee's authorizing resolution will: (1) modify the term of the Finance Committee's Citizen Appointees to align with the fiscal year and (2) clarify the duration of a Citizen Appointee's term as one-year or until their respective successor is appointed and qualified. Although not included in the resolution, members of the Finance Committee also request Council authority to extend the term of existing citizen appointees through June 30, 2018. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: sw The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A - City Council Adopted Resolution for the Establishment of the Finance Committee (redline version) Attachment B - Resolution No. 2017-58 5-2 ATTACHMENT A FINANCE COMMITTEE AUTHORIZATION: Established by Resolution No. 94-110 adopted on December 12, 1994. Modified by Resolution No. 96-100 adopted on December 9, 1996. Disbanded by Resolution No. 98-32 adopted on May 11, 1998. Re-established by Resolution No. 2000-103 adopted on December 12, 2000. Duties and membership amended by Resolution No. 2007-21 adopted on April 10, 2007. Purpose and responsibilities amended by Resolution No. 2013-32 adopted on April 9, 2013. Membership, qualifications and term of members, and purpose and responsibilities amended by Resolution No. 2015-5 adopted on January 13, 2015. Administrative practices amended by Resolution No. 2015-40 adopted on May 26, 2015. Term of citizen appointees amended by Resolution No. 2017- adopted on September 12, 2017. MEMBERSHIP: Seven (7) total. Three (3) Council Members appointed by the Mayor subject to full City Council approval. Four (4) Citizen Advisers appointed by the Council Members not on the Committee subject to approval of the full City Council ("Citizen Appointees"). Citizen Advisers Appointees have equal voting status. The Mayor shall appoint the chairperson subject to confirmation of the full City Council. Staff support shall be provided primarily by the City Manager and the Finance Director and by other staff as necessary. �. *—r'V Meetings shall be held as required by the business needs of the Finance Committee in the City Council Chambers or such other locations as allowed by the Ralph M. Brown Act, on weeknights or weekdays (M -Th) at a time that is convenient for the Finance Committee and the public to encourage public participation. TERM OF COUNCIL MEMBERS: Indefinite pending City Council action. TERM OF APPOINTED RA€MB€RSCITIZEN APPOINTEES: Appointed aAnnually on a fiscal year (July 1 to June 30) basis. Citizen Appointees shall serve for a one-year term or until their successor is appointed and aualified. A 4 A • • • • . . 1 AM „ - ,\1It J1�\- 5-3 CITIZEN APPOINTEES: 1. Must be a resident of the city of Newport Beach. 2. Must be a registered voter in Newport Beach. 3. Must be appointed by a City Council Member. 4. Recommended, but not required, that the appointee be a CPA, CFA or Business/Finance major or other such designation as may be appropriate. PURPOSE & RESPONSIBILITIES: A. Review and monitor events and issues which may affect the financial status of the City; B. Make recommendations to the City Council regarding amendments to financial and budgetary policies; C. In accordance with Sections 504 & 1101 of the City Charter, review the City Manager's proposed budget and give recommendations to the City Manager in advance of the budget's presentation to the City Council. The Committee's recommendations shall be provided in writing to the City Council along with the City Manager's presented budget; D. Recommend for Council approval, and manage an on- going process for measuring and setting goals designed to maximize the City's revenues consistent with existing taxation structures and inter- governmental funding opportunities, fee generation consistent with market rate charges for City provided services and market rate fees for utilization of City owned assets. Recommend to Council major initiatives to accomplish identified goals; E. Recommend for Council approval, and manage an on- going process for measuring and setting goals designed to minimize the City's cost to provide core services and required activities, consistent with the desired service level for residents and other internal and external customers. Recommend to Council major initiatives to accomplish identified goals; F. Review with staff on an annual basis the timing, means of financing, and fiscal impacts associated with funding the high-priority projects designated in the Facilities Financing Plan. After approval by the City Council, identify, review and annually recommend to Council 5-4 the most advantageous methods to fund the City Council's approved Facilities Financing Plan; G. Identify, review and annually recommend to Council the most advantageous methods to fund the City's long term compensation and benefit program liabilities; H. Review and recommend to Council policies related to the setting of funding goals for reserves, and review on-going progress related thereto; Review the structure and documentation of any proposed debt financing to assess the risk associated with debt usage; J. Conduct audit conference meeting(s) with the auditors to provide independent review and oversight of the City of Newport Beach's financial reporting processes, framework of internal control, and to provide a forum in which auditors can candidly discuss concerns in the absence of staff; and K. Recommend for Council approval, monitor, and review activities related to Investment Guidelines for City Reserve and investment funds. 5-5 ATTACHMENT B RESOLUTION NO. 2017-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE TERM OF THE FINANCE COMMITTEE'S CITIZEN APPOINTEES WHEREAS, the City Council of the City of Newport Beach ("City") has a long and established history of being good guardians and stewards of the public's money; WHEREAS, appropriations, expenditures and other budgetary matters are a primary concern of the City Council; WHEREAS, the City Council has adopted various policies regarding financial matters; WHEREAS, the City Council has adopted policies regarding income property and annexations, which may have an impact on the City's finances; WHEREAS, on December 12, 1994, the City Council adopted Resolution No. 94- 110 establishing the Finance Committee, whose duties and responsibilities have been amended throughout the years to further protect and safe guard the public's money; WHEREAS, the Finance Committee is charged with a variety of tasks including, but not limited to, reviewing and monitoring events and issues that may affect the financial status of the City and making recommendations to the City Council regarding amendments to financial and budgetary policies; WHEREAS, the existing Finance Committee is composed of three City Council Members, appointed by the Mayor subject to City Council approval, and four citizen members, appointed by City Council Members not on the Finance Committee subject to City Council approval ("Citizen Appointees"); and WHEREAS, the City Council desires to amend the Finance Committee to: (1) modify the term of its Citizen Appointees to align with the fiscal year; and (2) clarify the duration of a Citizen Appointee's term to be one year or until a Citizen Appointee's successor is appointed and qualified. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends the Finance Committee as described in the Finance Committee Description, which is attached hereto and incorporated herein by reference. Section 2: The City Council hereby repeals all resolutions related to the Finance Committee that are in conflict with this resolution. 5-6 Resolution No. 2017-58 Page 2 of 5 Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: The City Council find the adoption of this resolution and the amendment of the Finance Committee is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 12th day of September, 2017. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: Aaron C. Harp City Attorney Attachment: Finance Committee Description 5-7 Resolution No. 2017-58 Page 3 of 5 FINANCE COMMITTEE AUTHORIZATION: Established by Resolution No. 94-110 adopted on December 12, 1994. Modified by Resolution No. 96-100 adopted on December 9, 1996. Disbanded by Resolution No. 98-32 adopted on May 11, 1998. Re-established by Resolution No. 2000-103 adopted on December 12, 2000. Duties and membership amended by Resolution No. 2007-21 adopted on April 10, 2007. Purpose and responsibilities amended by Resolution No. 2013-32 adopted on April 9, 2013. Membership, qualifications and term of members, and purpose and responsibilities amended by Resolution No. 2015-5 adopted on January 13, 2015. Administrative practices amended by Resolution No. 2015-40 adopted on May 26, 2015. Term of citizen appointees amended by Resolution No. 2017-58 adopted on September 12, 2017. MEMBERSHIP: Seven (7) total. Three (3) Council Members appointed by the Mayor subject to full City Council approval. Four (4) citizen members appointed by the Council Members not on the Committee subject to approval of the full City Council ("Citizen Appointees"). Citizen Appointees have equal voting status. The Mayor shall appoint the chairperson subject to confirmation of the full City Council. Staff support shall be provided primarily by the City Manager and the Finance Director and by other staff as necessary. Meetings shall be held as required by the business needs of the Finance Committee in the City Council Chambers or such other locations as allowed by the Ralph M. Brown Act, on weeknights or weekdays (M -Th) at a time that is convenient for the Finance Committee and the public to encourage public participation. TERM OF COUNCIL MEMBERS: Indefinite pending City Council action. TERM OF CITIZEN APPOINTEES: Appointed annually on a fiscal year (July 1 to June 30) basis. Citizen Appointees shall serve for a one-year term or until their successor is appointed and qualified. H. QUALIFICATIONS OF CITIZEN APPOINTEES: Resolution No. 2017-58 Page 4 of 5 1. Must be a resident of the city of Newport Beach. 2. Must be a registered voter in Newport Beach. 3. Must be appointed by a City Council Member. 4. Recommended, but not required, that the appointee be a CPA, CFA or Business/Finance major or other such designation as may be appropriate. PURPOSE & RESPONSIBILITIES: A. Review and monitor events and issues which may affect the financial status of the City; B. Make recommendations to the City Council regarding amendments to financial and budgetary policies; C. In accordance with Sections 504 & 1101 of the City Charter, review the City Manager's proposed budget and give recommendations to the City Manager in advance of the budget's presentation to the City Council. The Committee's recommendations shall be provided in writing to the City Council along with the City Manager's presented budget; D. Recommend for Council approval, and manage an on- going process for measuring and setting goals designed to maximize the City's revenues consistent with existing taxation structures and inter- governmental funding opportunities, fee generation consistent with market rate charges for City provided services and market rate fees for utilization of City owned assets. Recommend to Council major initiatives to accomplish identified goals; E. Recommend for Council approval, and manage an on- going process for measuring and setting goals designed to minimize the City's cost to provide core services and required activities, consistent with the desired service level for residents and other internal and external customers. Recommend to Council major initiatives to accomplish identified goals; F. Review with staff on an annual basis the timing, means of financing, and fiscal impacts associated with funding the high-priority projects designated in the Facilities Financing Plan. After approval by the City Council, identify, review and annually recommend to Council the most advantageous methods to fund the City Council's approved Facilities Financing Plan; 5-9 Resolution No. 2017-58 Page 5 of 5 G. Identify, review and annually recommend to Council the most advantageous methods to fund the City's long term compensation and benefit program liabilities; H. Review and recommend to Council policies related to the setting of funding goals for reserves, and review on-going progress related thereto; Review the structure and documentation of any proposed debt financing to assess the risk associated with debt usage; J. Conduct audit conference meeting(s) with the auditors to provide independent review and oversight of the City of Newport Beach's financial reporting processes, framework of internal control, and to provide a forum in which auditors can candidly discuss concerns in the absence of staff; and K. Recommend for Council approval, monitor, and review activities related to Investment Guidelines for City Reserve and investment funds. 5-10